[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7516 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7516
To advance innovation in and deployment of zero-emission electricity
technology, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2020
Ms. DeGette (for herself, Mr. Huffman, and Mr. Peters) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Science, Space, and
Technology, Ways and Means, Transportation and Infrastructure, and
Education and Labor, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To advance innovation in and deployment of zero-emission electricity
technology, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Energy
Innovation and Deployment Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INVESTMENT IN CLEAN ENERGY TECHNOLOGY INNOVATION
Sec. 100. Purpose.
Subtitle A--Clean Energy Deployment Administration
Sec. 101. Definitions.
Sec. 102. Energy technology deployment goals.
Sec. 103. Clean Energy Deployment Administration.
Sec. 104. Administration functions.
Sec. 105. Improvements to existing clean energy investment programs.
Sec. 106. Federal credit authority.
Sec. 107. General provisions.
Subtitle B--Beneficial Electrification
Sec. 111. Innovation in electric vehicles through the advanced
technology manufacturing incentive program.
Sec. 112. Deployment of electric vehicles through tax credits.
Sec. 113. Deployment of electric vehicle charging infrastructure
through supply equipment programs.
Sec. 114. Deployment of energy efficient buildings through tax credits.
Sec. 115. Deployment of energy efficient buildings through grants.
Subtitle C--Zero-Emission Electricity Generation Technology
Sec. 121. Deployment of solar and wind technology through tax credits.
Sec. 122. Energy tax credit monetization.
Sec. 123. Innovation in energy storage through research, development,
and demonstration.
Sec. 124. Deployment of energy storage through tax credits.
Sec. 125. Normalization opt-out for utilities.
Sec. 126. Deployment of carbon capture utilization and storage through
tax credits.
Sec. 127. Innovation in advanced nuclear technology through
demonstration.
Sec. 128. Innovation in carbon removal, utilization, and storage
through research, development, and
demonstration.
Sec. 129. Deployment of electric grid modernization through grants.
Sec. 130. Prize competition for electricity-related technologies for
remote communities.
Sec. 131. Report to Congress.
Subtitle D--Davis-Bacon Compliance
Sec. 141. Davis-Bacon compliance.
TITLE II--ZERO-EMISSION ELECTRICITY STANDARD
Sec. 200. Purpose.
Subtitle A--Zero-Emission Electricity Standard
Sec. 201. Definitions.
Sec. 202. Zero-emission electricity requirement.
Sec. 203. Zero-emission electricity credit trading program.
Sec. 204. Determination and issuance of quantity of zero-emission
electricity credits.
Sec. 205. Carbon Mitigation Fund.
Sec. 206. State programs.
Sec. 207. Report to Congress.
Sec. 208. Information collection.
Sec. 209. Civil penalties.
Sec. 210. Regulations.
Subtitle B--Methane Regulation
Sec. 211. Methane regulation.
TITLE III--INCENTIVES FOR THE ACCELERATED DEPLOYMENT OF 100-PERCENT
ZERO-EMISSION ELECTRICITY SYSTEM
Sec. 300. Purpose.
Sec. 301. Zero-emission electricity acceleration investment tax credit.
Sec. 302. Zero-emission electricity acceleration grants.
TITLE IV--LOW-INCOME RATE-PAYER PROTECTION
Sec. 400. Purpose.
Sec. 401. Weatherization assistance program.
Sec. 402. LIHEAP authorization.
TITLE V--ENERGY WORKFORCE TRANSITION AND TRAINING
Sec. 500. Purposes.
Subtitle A--State Energy Plans
Sec. 501. State energy plans.
Sec. 502. Authorization of appropriations.
Subtitle B--Energy Workforce Transition
Sec. 511. Definitions.
Sec. 512. Energy Workforce Transition Office and Advisory Committee.
Sec. 513. Energy workforce transition plans and reemployment of
affected workers.
Subtitle C--Modern Energy Workforce Development
Sec. 521. Definitions.
Sec. 522. Modern energy workforce development.
Sec. 523. Zero-emission economy workforce pilot program.
Sec. 524. University Zero-Emission Energy Leadership Program.
Sec. 525. Climate Resiliency Corps.
Sec. 526. Authorization of appropriations.
TITLE I--INVESTMENT IN CLEAN ENERGY TECHNOLOGY INNOVATION
SEC. 100. PURPOSE.
The purpose of this title is to employ a wide range of measures to
bring promising clean energy technologies to the point of commercial-
availability, including through the activities of a Clean Energy
Deployment Administration.
Subtitle A--Clean Energy Deployment Administration
SEC. 101. DEFINITIONS.
In this subtitle:
(1) Administration.--The term ``Administration'' means the
Clean Energy Deployment Administration established by section
103.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Advisory council.--The term ``Advisory Council'' means
the Energy Technology Advisory Council of the Administration.
(4) Breakthrough technology.--The term ``breakthrough
technology'' means a clean energy technology that--
(A) presents a significant opportunity to advance
the goals developed by the Secretary under section 102,
as assessed under the methodology established by the
Advisory Council; and
(B) has not been determined by the Secretary to be
commercially ready.
(5) Clean energy technology.--The term ``clean energy
technology'' means a technology related to the production, use,
transmission, storage, control, or conservation of energy that
will contribute to the stabilization of the climate by reducing
greenhouse gas emissions or sequestering or utilizing carbon
dioxide and--
(A) reduce the need for additional energy supplies
by using existing energy supplies with greater
efficiency;
(B) transmit, distribute, or transport energy with
greater effectiveness through the infrastructure of the
United States; or
(C) increase and diversify the sources of energy in
the United States in a way that will reduce risk to
human health, safety, and welfare and the environment
and create energy security.
(6) Cost.--The term ``cost'' has the meaning given the term
in section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a).
(7) Direct loan.--The term ``direct loan'' has the meaning
given the term in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(8) Energy transition community.--The term ``energy
transition community'' has the meaning given such term in
section 511 of this Act.
(9) Financial institution.--The term ``financial
institution'' means--
(A) an insured bank (as defined in section 3(h) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(h)));
(B) a commercial bank or trust company;
(C) a private banker;
(D) an agency or branch of a foreign bank in the
United States;
(E) any credit union;
(F) a thrift institution;
(G) a broker or dealer registered with the
Securities and Exchange Commission under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.);
(H) a broker or dealer in securities or
commodities;
(I) an investment banker or investment company;
(J) an insurance company; and
(K) a loan or finance company.
(10) Fund.--The term ``Fund'' means the Clean Energy
Investment Fund established by section 105(a).
(11) Loan guarantee.--The term ``loan guarantee'' has the
meaning given the term in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a).
(12) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) Security.--The term ``security'' has the meaning given
the term in section 2 of the Securities Act of 1933 (15 U.S.C.
77b).
(15) Small business.--The term ``small business'' means a
business which is independently owned and operated and which is
not dominant in its field of operation. The term ``small
business'' may be further defined by the Administrator by the
number of employees, dollar volume of business, net worth, net
income, or other factors.
(16) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 102. ENERGY TECHNOLOGY DEPLOYMENT GOALS.
(a) Goals.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in consultation with the Advisory Council,
shall develop and publish for review and comment in the Federal
Register near-, medium-, and long-term goals (including numerical
performance targets at appropriate intervals to measure progress toward
those goals) for the deployment of clean energy technologies through
the credit support programs established by this subtitle to promote--
(1) the deployment, by not later than 2050, of electric
generating capacity with net-zero greenhouse gas emissions,
that is sufficient to reliably meet the projected energy demand
of the United States in 2050;
(2) clean energy technologies in vehicles and fuels that
will substantially reduce the reliance of the United States on
foreign sources of energy and insulate consumers from the
volatility of global energy markets;
(3) a domestic commercialization and manufacturing capacity
that will establish the United States as a world leader in
clean energy technologies across multiple sectors;
(4) the installation of electricity transmission
infrastructure with the capacity to provide the cost-effective
deployment of zero-emission electricity technologies
appropriate to each region of the United States;
(5) the transformation of the building stock of the United
States to net zero energy consumption;
(6) the recovery, use, and prevention of waste energy;
(7) domestic manufacturing of clean energy technologies on
a scale that is sufficient to achieve price parity with
conventional energy sources;
(8) domestic production of commodities and materials,
including steel, chemicals, polymers, and cement, through the
use of clean energy technologies that will establish the United
States as a world leader in the environmentally-sustainable
production of such commodities and materials;
(9) a robust, efficient, and interactive electricity
transmission grid that will allow for the incorporation of
clean energy technologies, distributed generation, smart grid
functions, and demand-response in each regional electric grid;
(10) a variety of financial products intended to allow
owners and users of residential, retail, commercial, and
industrial buildings to make energy efficiency and distributed
generation technology investments with reasonable payback
periods; and
(11) such other goals as the Secretary, in consultation
with the Advisory Council, determines to be consistent with
this subtitle.
(b) Revisions.--The Secretary shall revise the goals established
under subsection (a), from time to time as appropriate, to account for
advances in technology and infrastructure.
SEC. 103. CLEAN ENERGY DEPLOYMENT ADMINISTRATION.
(a) Establishment.--
(1) In general.--There is established in the Department of
Energy an administration, to be known as the Clean Energy
Deployment Administration. There shall be at the head of the
Administration an Administrator and a Board of Directors, who
shall be appointed by the President with the advice and consent
of the Senate.
(2) Status.--
(A) In general.--The Administration (including
officers, employees, and agents of the Administration)
shall not be responsible to, or subject to the
authority, direction, or control of, any other officer,
employee, or agent of the Department of Energy other
than the Secretary, acting through the Administrator.
(B) Exemption from reorganization.--The
Administration shall be exempt from the reorganization
authority provided under section 643 of the Department
of Energy Organization Act (42 U.S.C. 7253).
(C) Inspector general.--Section 12 of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(i) in paragraph (1), by inserting ``the
Administrator of the Clean Energy Deployment
Administration;'' after ``Export-Import
Bank;''; and
(ii) in paragraph (2), by inserting ``the
Clean Energy Deployment Administration,'' after
``Export-Import Bank,''.
(3) Offices.--
(A) Principal office.--The Administration shall--
(i) maintain the principal office of the
Administration in the District of Columbia; and
(ii) for purposes of venue in civil
actions, be considered to be a resident of the
District of Columbia.
(B) Other offices.--The Administration may
establish other offices in such other places as the
Administration considers necessary or appropriate for
the conduct of the business of the Administration.
(b) Administrator.--
(1) In general.--The Administrator shall be--
(A) appointed by the President, with the advice and
consent of the Senate, for a 5-year term; and
(B) compensated at the annual rate of basic pay
prescribed for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(2) Duties.--The Administrator shall--
(A) serve as--
(i) the Chief Executive Officer of the
Administration; and
(ii) the Chairman of the Board of
Directors;
(B) consult with the Secretary of Agriculture, the
Secretary of the Interior, the Administrator of the
Environmental Protection Agency, and the heads of other
agencies as appropriate, in carrying out the duties
described in this paragraph;
(C) ensure that--
(i) the Administration operates in a safe
and sound manner, including maintenance of
adequate capital and internal controls
(consistent with section 404 of the Sarbanes-
Oxley Act of 2002 (15 U.S.C. 7262));
(ii) the operations and activities of the
Administration foster liquid, efficient,
competitive, and resilient energy and energy
efficiency finance markets;
(iii) the Administration carries out this
subtitle only through activities that are
authorized under and consistent with this
subtitle; and
(iv) the activities of the Administration
and the manner in which the Administration is
operated are consistent with the public
interest;
(D) develop policies and procedures for the
Administration that will--
(i) promote a self-sustaining portfolio of
investments that will maximize the value of
investments to effectively promote clean energy
technologies;
(ii) promote transparency and openness in
Administration operations;
(iii) afford the Administration with
sufficient flexibility to carry out this
subtitle;
(iv) provide for the efficient processing
of applications;
(v) promote the participation of private
financial institutions and other sources of
private capital in investments, on commercially
reasonable terms, if and to the extent the
capital is available; and
(vi) promote the availability of financial
products to small business by working with
entities that have appropriate expertise in
extending credit or other relevant financial
services to small businesses that are
developing clean energy technologies;
(E) ensure, to the maximum extent practicable and
to the extent of available resources, that on the
request of any energy transition community or Indian
Tribe, such energy transition community or Indian Tribe
shall have available scientific and technical
information and expertise for use in the regulation,
development, and management of clean energy
technologies, either--
(i) directly, acting through Federal
officials within the Administration; or
(ii) indirectly, by providing financial
assistance to an energy transition community or
an Indian Tribe to secure independent
assistance in the regulation, development, and
management of clean energy technologies; and
(F) with the concurrence of the Board of Directors,
establish expected loss reserves for the support
provided by the Administration consistent with section
104(a).
(c) Board of Directors.--
(1) In general.--The Board of Directors of the
Administration shall consist of--
(A) the Secretary or the designee of the Secretary,
who shall serve as an ex-officio voting member of the
Board of Directors;
(B) the Administrator, who shall serve as the
Chairman of the Board of Directors; and
(C) 7 additional members who shall--
(i) be appointed by the President, with the
advice and consent of the Senate, for staggered
5-year terms; and
(ii) have experience in banking or
financial services relevant to the operations
of the Administration, including individuals
with substantial experience in the development
of energy projects, the electricity generation
sector, the transportation sector, the
manufacturing sector, and the energy efficiency
sector.
(2) Duties.--The Board of Directors shall--
(A) oversee the operations of the Administration
and ensure industry best practices are followed in all
financial transactions involving the Administration;
(B) consult with the Administrator on the general
policies and procedures of the Administration to ensure
that the interests of the taxpayers are protected;
(C) ensure that the portfolio of investments of the
Administration are consistent with this subtitle and
with the long-term financial stability of the
Administration;
(D) ensure that the operations and activities of
the Administration are consistent with the development
of a robust private sector that can provide commercial
loans or financing products for clean energy
technologies; and
(E) not serve on a full-time basis, except that the
Board of Directors shall meet at least quarterly to
review, as appropriate, applications for credit support
and set policies and procedures as necessary.
(3) Removal.--An appointed member of the Board of Directors
may be removed from office by the President for good cause.
(4) Vacancies.--An appointed seat on the Board of Directors
that becomes vacant shall be filled by appointment by the
President, but only for the unexpired portion of the term of
the vacating member.
(5) Compensation of members.--An appointed member of the
Board of Directors shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for
level III of the Executive Schedule under section 5314 of title
5, United States Code, for each day (including travel time)
during which the member is engaged in the performance of the
duties of the Board of Directors.
(d) Energy Technology Advisory Council.--
(1) In general.--The Administration shall have an Energy
Technology Advisory Council consisting of--
(A) 6 members selected by the Secretary; and
(B) 3 members selected by the Board of Directors of
the Administration.
(2) Qualifications.--The members of the Advisory Council
shall--
(A) have relevant scientific expertise; and
(B) in the case of the members selected by the
Secretary under paragraph (1)(A), include
representatives of--
(i) the academic community;
(ii) the private research community;
(iii) National Laboratories;
(iv) the technology or project development
community;
(v) the commercial energy financing and
operations sector; and
(vi) the electric generation sector,
including at least one person who is
knowledgeable of the electric cooperative
sector.
(3) Duties.--
(A) Advice.--The Advisory Council shall provide
advice to the Administration regarding the
technological approaches that should be supported by
the Administration to meet the goals developed by the
Secretary under section 102.
(B) Methodology for assessment.--The Advisory
Council shall develop and publish for comment in the
Federal Register a methodology for the assessment of
clean energy technologies. Such methodology shall--
(i) allow the Administration to evaluate
projects based on the progress likely to be
achieved per-dollar invested in clean energy
technology; and
(ii) take into account the extent to which
support for a clean energy technology is likely
to accrue benefits that are attributable to
commercial-scale deployment taking place
earlier than that which otherwise would have
occurred without the support.
(4) Term.--
(A) In general.--Members of the Advisory Council
shall have 5-year staggered terms, as determined by the
Secretary and the Administrator.
(B) Reappointment.--A member of the Advisory
Council may be reappointed.
(5) Compensation.--A member of the Advisory Council, who is
not otherwise compensated as a Federal employee, shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Advisory Council.
(e) Staff.--
(1) In general.--The Administrator, in consultation with
the Board of Directors, may--
(A) appoint and terminate such officers, attorneys,
employees, and agents as are necessary to carry out
this subtitle; and
(B) vest those personnel with such powers and
duties as the Administrator determines to be necessary.
(2) Direct hire authority.--
(A) In general.--Notwithstanding section 3304 and
sections 3309 through 3318 of title 5, United States
Code, the Administrator may, on a determination that
there is a severe shortage of candidates or a critical
hiring need for particular positions, recruit and
directly appoint highly qualified critical personnel
with specialized knowledge important to the function of
the Administration into the competitive service.
(B) Exception.--The authority granted under
subparagraph (A) shall not apply to positions in the
excepted service or the Senior Executive Service.
(C) Requirements.--In exercising the authority
granted under subparagraph (A), the Administrator shall
ensure that any action taken by the Administrator--
(i) is consistent with the merit principles
of section 2301 of title 5, United States Code;
and
(ii) complies with the public notice
requirements of section 3327 of title 5, United
States Code.
(D) Termination of effectiveness.--The authority
provided by this paragraph terminates effective on the
date that is 3 years after the date of enactment of
this Act.
(3) Critical pay authority.--
(A) In general.--Notwithstanding section 5377 of
title 5, United States Code, and without regard to the
provisions of that title governing appointments in the
competitive service or the Senior Executive Service and
chapters 51 and 53 of that title (relating to
classification and pay rates), the Administrator may
establish, fix the compensation of, and appoint
individuals to critical positions needed to carry out
the functions of the Administration, if the
Administrator certifies that--
(i) the positions require expertise of an
extremely high level in a financial, technical,
or scientific field;
(ii) the Administration would not
successfully accomplish an important mission
without such an individual; and
(iii) exercise of the authority is
necessary to recruit an individual who is
exceptionally well qualified for the position.
(B) Limitations.--The authority granted under
subparagraph (A) shall be subject to the following
conditions:
(i) The number of critical positions
authorized by subparagraph (A) may not exceed
20 at any given time in the Administration.
(ii) The term of an appointment under
subparagraph (A) may not exceed 4 years.
(iii) An individual appointed under
subparagraph (A) may not have been an
Administration employee at any time during the
2-year period preceding the date of
appointment.
(iv) Total annual compensation for any
individual appointed under subparagraph (A) may
not exceed the highest total annual
compensation payable at the rate determined
under section 104 of title 3, United States
Code.
(v) An individual appointed under
subparagraph (A) may not be considered to be an
employee for purposes of subchapter II of
chapter 75 of title 5, United States Code.
(C) Notification.--Each year, the Administrator
shall submit to Congress a notification that lists each
individual appointed under this paragraph.
SEC. 104. ADMINISTRATION FUNCTIONS.
(a) Direct Support.--
(1) In general.--The Administration may issue direct loans,
letters of credit, loan guarantees, insurance products, or such
other credit support (including through participation as a co-
lender or a lending member of a syndication) as the
Administrator considers appropriate to deploy clean energy
technologies if the Administrator has determined that
deployment of the technologies would benefit or be accelerated
by the support.
(2) Eligibility criteria.--In carrying out this subsection
and awarding credit support to projects, the Administrator
shall account for--
(A) how the technology rates based on an evaluation
methodology established by the Advisory Council;
(B) how the project fits with the goals developed
by the Secretary under section 102; and
(C) the potential for the applicant to successfully
complete the project.
(3) Risk.--
(A) Technology risk.--In this paragraph, the term
``technology risk''--
(i) means risk during construction or
operation associated with the design,
development, or deployment of a clean energy
technology from the perspective of commercial
lenders, that may be increased as a result of
the absence of adequate historical
construction, operating, or performance data
from commercial applications of the technology;
and
(ii) includes risk associated with the
cost, schedule, performance, reliability,
maintenance, and the perception of risk.
(B) Expected loan loss reserve.--The Administrator
shall establish an expected loan loss reserve to
account for estimated losses attributable to activities
under this section that is consistent with the purposes
of--
(i) developing breakthrough technologies to
the point at which the associated technology
risk is largely mitigated;
(ii) achieving widespread deployment and
advancing the commercial viability of clean
energy technologies; and
(iii) advancing the goals developed by the
Secretary under section 102.
(C) Initial expected loan loss reserve.--Until such
time as the Administrator determines sufficient data
exist to establish an expected loan loss reserve that
is appropriate, the Administrator shall consider
establishing an initial rate of 10 percent for the
portfolio of investments under this subtitle.
(D) Portfolio investment approach.--The
Administration shall--
(i) use a portfolio investment approach to
mitigate risk and diversify investments across
technologies;
(ii) to the maximum extent practicable and
consistent with long-term self-sufficiency,
weigh the portfolio of investments in projects
to advance goals developed by the Secretary
under section 102; and
(iii) consistent with the expected loan
loss reserve established under this paragraph,
provide the maximum practicable percentage of
support to promote breakthrough technologies.
(E) Loss rate review.--
(i) In general.--The Board of Directors
shall review on an annual basis the loss rates
of the portfolio to determine the adequacy of
the reserves.
(ii) Report.--Not later than 90 days after
the date of the initiation of each review under
clause (i), the Administrator shall submit to
the Committee on Energy and Commerce of the
House of Representatives and the Committee on
Energy and Natural Resources of the Senate a
report describing the results of the review and
any recommended policy changes.
(4) Application review.--
(A) In general.--To the maximum extent practicable
and consistent with sound business practices, the
Administration shall seek to consolidate reviews of
applications for credit support under this subtitle
such that final decisions on applications can be issued
not later than 180 days after the date of submission of
a completed application.
(B) Environmental review.--In carrying out this
subtitle, the Administration shall, to the maximum
extent practicable--
(i) avoid duplicating efforts that have
already been undertaken by other agencies,
including State agencies acting under Federal
programs; and
(ii) with the advice of the Council on
Environmental Quality and any other applicable
agencies, use the administrative records of
similar reviews conducted throughout the
executive branch to develop the most
expeditious review process practicable.
(5) Wage rate requirements.--With respect to the labor
standards specified in this section, the Secretary of Labor
shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States Code.
(b) Indirect Support.--
(1) In general.--The Administration shall work to develop
financial products and arrangements to promote widespread
deployment of, and private sector support of, clean energy
technologies by facilitating aggregation of small projects and
by providing indirect credit support, including credit
enhancement.
(2) Financial products.--The Administration--
(A) in cooperation with Federal, State, local, and
private sector entities, shall develop debt instruments
that directly aggregate, or provide for the aggregation
of, projects for the deployment of clean energy
technology on a scale appropriate for residential or
commercial applications; and
(B) may insure, purchase, and make commitments to
purchase, any debt instrument associated with the
deployment of a clean energy technology (including
instruments secured by liens or other collateral
related to the funding of clean energy technology) for
the purposes of enhancing the availability of private
financing for deployment of clean energy technology.
(3) Disposition of debt or interest.--The Administration
may acquire, hold, and sell or otherwise dispose of, pursuant
to commitments or otherwise, any debt associated with the
deployment of clean energy technologies or interest in the
debt.
(4) Pricing.--
(A) In general.--The Administrator may establish
requirements, and impose charges or fees, which may be
regarded as elements of pricing, for different classes
of sellers, servicers, or services.
(B) Classification of sellers and servicers.--For
the purpose of subparagraph (A), the Administrator may
classify sellers and servicers as necessary to promote
transparency and liquidity and to properly characterize
the risk of default.
(5) Eligibility.--The Administrator shall establish--
(A) eligibility criteria for loan originators,
sellers, and servicers seeking support for portfolios
of financial obligations relating to clean energy
technologies to ensure the capability of the loan
originators, sellers, and servicers to perform the
functions required to maintain the expected performance
of the portfolios; and
(B) such criteria, standards, guidelines, and
mechanisms such that, to the maximum extent
practicable, loan originators and sellers will be able
to determine the eligibility of loans for resale at the
time of initial lending.
(6) Secondary market support.--
(A) In general.--The Administration may lend on the
security of, and make commitments to lend on the
security of, any debt that the Administration has
issued or is authorized to purchase under this section.
(B) Authorized actions.--On such terms and
conditions as the Administrator may prescribe, the
Administration may, based on the debt and with the
concurrence of the Board of Directors--
(i) give security or guarantee;
(ii) pay interest or other return; and
(iii) issue notes, debentures, bonds, or
other obligations or securities.
(7) Lending activities.--
(A) In general.--The Administrator shall
determine--
(i) the volume of the lending activities of
the Administration; and
(ii) the types of loan ratios, risk
profiles, interest rates, maturities, and
charges or fees in the secondary market
operations of the Administration.
(B) Objectives.--Determinations under subparagraph
(A) shall be consistent with the objectives of--
(i) providing an attractive investment
environment for clean energy technologies;
(ii) making the operations of the
Administration self-supporting over the long
term; and
(iii) advancing the goals developed by the
Secretary under section 102.
SEC. 105. IMPROVEMENTS TO EXISTING CLEAN ENERGY INVESTMENT PROGRAMS.
(a) Clean Energy Investment Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a revolving fund, to be known as the Clean
Energy Investment Fund, consisting of--
(A) such amounts as are deposited in the Fund under
this subtitle and amendments made by this subtitle; and
(B) such sums as may be appropriated to the Fund.
(2) Expenditures from fund.--
(A) In general.--Amounts in the Fund shall be
available to the Secretary for obligation without
fiscal year limitation, to remain available until
expended.
(B) Administrative expenses.--
(i) Fees.--Fees collected by the Secretary
of the Treasury for expenses related to the
administrative needs of the Fund shall be
available without limitation to cover
applicable expenses.
(ii) Fund.--To the extent that
administrative expenses are not reimbursed
through fees, an amount not to exceed 1.5
percent of the amounts in the Fund as of the
beginning of each fiscal year shall be
available to pay the administrative expenses
for the fiscal year necessary to carry out
title XVII of the Energy Policy Act of 2005 (42
U.S.C. 16511 et seq.).
(3) Transfers of amounts.--
(A) In general.--The amounts required to be
transferred to the Fund under this subsection shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(B) Cash flows.--Cash flows associated with costs
of the Fund described in section 502(5)(B) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(B))
shall be transferred to appropriate credit accounts.
(C) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
(b) Revisions to Loan Guarantee Program Authority.--
(1) Definition of commercial technology.--Section 1701(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Exclusion.--The term `commercial technology'
does not include a technology if the sole use of the
technology is in connection with--
``(i) any demonstration project; or
``(ii) a project for which the Secretary
approved a guarantee.''.
(2) Specific appropriation or contribution.--Section 1702
of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended
by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless
sufficient amounts to account for the cost are available--
``(A) in unobligated balances within the Clean
Energy Investment Fund established under section 105(a)
of the Clean Energy Innovation and Deployment Act of
2020;
``(B) as a payment from the borrower and the
payment is deposited in the Clean Energy Investment
Fund; or
``(C) in any combination of balances and payments
described in subparagraphs (A) and (B), respectively.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) shall not be a loan or other
debt obligation that is made or guaranteed by the Federal
Government.
``(3) Relation to other laws.--Section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not
apply to a guarantee under this section.''.
(3) Subrogation.--Section 1702(g)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(g)(2)) is amended by striking
subparagraphs (B) and (C) and inserting the following:
``(B) Superiority of rights.--Except as provided in
subparagraph (C), the rights of the Secretary, with
respect to any property acquired pursuant to a
guarantee or related agreements, shall be superior to
the rights of any other person with respect to the
property.
``(C) Terms and conditions.--A guarantee agreement
shall include such detailed terms and conditions as the
Secretary determines appropriate to--
``(i) protect the interests of the United
States in the case of default;
``(ii) have available all the patents and
technology necessary for any person selected,
including the Secretary, to complete and
operate the project;
``(iii) provide for sharing the proceeds
received from the sale of project assets with
other creditors or control the disposition of
project assets if necessary to protect the
interests of the United States in the case of
default; and
``(iv) provide such lien priority in
project assets as necessary to protect the
interests of the United States in the case of a
default.''.
(4) Fees.--Section 1702(h) of the Energy Policy Act of 2005
(42 U.S.C. 16512(h)) is amended by striking paragraph (2) and
inserting the following:
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary in the Clean
Energy Investment Fund established under section 105(a)
of Clean Energy Innovation and Deployment Act of 2020;
and
``(B) remain available to the Secretary for
expenditure, without further appropriation or fiscal
year limitation, for administrative expenses incurred
in carrying out this title.
``(3) Adjustment.--The Secretary may adjust the amount or
manner of collection of fees under this subsection as the
Secretary determines is necessary to deploy, to the maximum
extent practicable, eligible projects under this title.
``(4) Excess fees.--Of the amount of a fee imposed on an
applicant at the conditional commitment stage, 75 percent of
the amount shall be refundable to the applicant if there is no
financial close on the application, unless the Secretary
determines that the administrative costs of the Department have
exceeded the amount retained.
``(5) Credit report.--If, in the opinion of the Secretary,
the credit rating of an applicant is not relevant to the
determination of whether or not support will be provided and
the applicant agrees to accept the credit rating assigned to
the applicant by the Secretary, the Secretary may waive any
requirement to provide a third-party credit report.''.
(5) Processing.--Section 1702 of the Energy Policy Act of
2005 (42 U.S.C. 16512) is amended by adding at the end the
following:
``(l) Accelerated Reviews.--To the maximum extent practicable and
consistent with sound business practices, the Secretary shall seek to
conduct necessary reviews concurrently of an application for a
guarantee under this title such that decisions as to whether to enter
into a commitment on the application can be issued not later than 180
days after the date of submission of a completed application.''.
SEC. 106. FEDERAL CREDIT AUTHORITY.
(a) Transfer of Functions and Authority.--
(1) In general.--
(A) Deadline.--Subject to paragraph (2), on a
finding by the Secretary and the Administrator that the
Administration is sufficiently ready to assume the
functions, and that applicants to those programs will
not be unduly adversely affected, but in no case later
than 18 months after the date of enactment of this Act,
the functions and authority of the Secretary described
in subparagraph (B) shall be transferred to the
Administration.
(B) Functions and authority.--The functions and
authority of the Secretary described in this
subparagraph are functions and authority under--
(i) subsection title XVII of the Energy
Policy Act of 2005 (42 U.S.C. 16511 et seq.);
(ii) section 2602(c) of the Energy Policy
Act of 1992 (25 U.S.C. 3502(c)); and
(iii) financial services and program
management for grant, loan, and other credit
enhancement programs authorized to be
administered by the Secretary under any other
provision of law, as the Secretary determines
appropriate.
(2) Failure to transfer functions.--If the functions and
authorities are not transferred to the Administration in
accordance with paragraph (1), the Secretary and the
Administrator shall submit to Congress a report on the reasons
for delay and an expected timetable for transfer of the
functions and authorities to the Administration not later than
2 years after the enactment of this title and every year
thereafter until the functions and authorities are transferred
to the Administration.
(3) Effect on existing rights and obligations.--The
transfer of functions and authority under this subsection shall
not affect the rights and obligations of any party that arise
under a predecessor program or authority prior to the transfer
under this subsection.
(4) Transfer of fund authority.--
(A) In general.--On transfer of functions pursuant
to paragraph (1), the Administration shall have all
authorities to make use of the Fund reserved for the
Secretary before the transfer.
(B) Administrative expenses.--Effective beginning
on the date of enactment of this Act, the Administrator
may make use of up to 1.5 percent of the amounts in the
Fund as of the beginning of each fiscal year to pay
administrative expenses for that fiscal year to carry
out this subtitle.
(5) Use.--
(A) In general.--Amounts in the Fund shall be
available for discharge of liabilities and all other
expenses of the Administration, including subsequent
transfer to the respective credit accounts.
(B) Liability.--All activities of the
Administration that could result in a liability for the
United States shall be transparently accounted for and
no obligation or liability may be incurred unless--
(i) the appropriate amounts are transferred
to credit accounts for activities pursuant to
the Federal Credit Reform Act of 1990 (2 U.S.C.
661a); or
(ii) sufficient amounts are reserved within
the Fund to account for such liabilities.
(6) Initial investment.--
(A) In general.--On transfer of functions pursuant
to paragraph (1), out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Fund to carry out this subtitle
$10,000,000,000, to remain available until expended.
(B) Receipt and acceptance.--The Fund shall be
entitled to receive and shall accept, and shall be used
to carry out this subtitle, the funds transferred to
the Fund under subparagraph (A), without further
appropriation.
(7) Authorization of appropriations.--In addition to funds
made available by paragraphs (1) through (6), there are
authorized to be appropriated to the Fund such sums as are
necessary to carry out this subtitle.
(b) Payments of Liabilities.--Any payment to discharge liabilities
arising from agreements under this subtitle shall be made exclusively
out of the Fund or the associated credit account, as appropriate.
(c) Fees.--
(1) In general.--Consistent with carrying out this
subtitle, the Administrator shall charge fees or collect
compensation generally in accordance with commercial rates.
(2) Availability of fees.--All fees collected by the
Administration may be retained by the Administration and placed
in the Fund and may remain available to the Administration,
without further appropriation or fiscal year limitation, for
use in carrying out this subtitle.
(3) Breakthrough technologies.--The Administration shall
charge the minimum amount in fees or compensation practicable
for breakthrough technologies, consistent with the long-term
viability of the Administration, unless the Administration
first determines that a higher charge will not impede the
development of the technology.
(4) Alternative fee arrangements.--The Administration may
use such alternative arrangements (such as profit
participation, contingent fees, and other valuable contingent
interests) as the Administration considers appropriate to
compensate the Administration for the expenses of the
Administration and the risk inherent in the support of the
Administration.
(d) Cost Transfer Authority.--Amounts collected by the
Administration for the cost of a loan or loan guarantee shall be
transferred by the Administration to the respective credit program
accounts.
(e) Supplemental Borrowing Authority.--In order to maintain
sufficient liquidity for activities authorized under section 104(b),
the Administration may issue notes, debentures, bonds, or other
obligations for purchase by the Secretary of the Treasury.
(f) Public Debt Transactions.--For the purpose of subsection (e)--
(1) the Secretary of the Treasury may use as a public debt
transaction the proceeds of the sale of any securities issued
under chapter 31 of title 31, United States Code; and
(2) the purposes for which securities may be issued under
that chapter are extended to include any purchase under this
subsection.
(g) Maximum Outstanding Holding.--The Secretary of the Treasury
shall purchase instruments issued under subsection (e) to the extent
that the purchase would not increase the aggregate principal amount of
the outstanding holdings of obligations under subsection (e) by the
Secretary of the Treasury to an amount that is greater than
$2,000,000,000.
(h) Rate of Return.--Each purchase of obligations by the Secretary
of the Treasury under this section shall be on terms and conditions
established to yield a rate of return determined by the Secretary of
the Treasury to be appropriate, taking into account the current average
rate on outstanding marketable obligations of the United States as of
the last day of the month preceding the purchase.
(i) Sale of Obligations.--The Secretary of the Treasury may at any
time sell, on terms and conditions and at prices determined by the
Secretary of the Treasury, any of the obligations acquired by the
Secretary of the Treasury under this section.
(j) Public Debt Transactions.--All redemptions, purchases, and
sales by the Secretary of the Treasury of obligations under this
section shall be treated as public debt transactions of the United
States.
SEC. 107. GENERAL PROVISIONS.
(a) Immunity From Impairment, Limitation, or Restriction.--
(1) In general.--All rights and remedies of the
Administration (including any rights and remedies of the
Administration on, under, or with respect to any mortgage or
any obligation secured by a mortgage) shall be immune from
impairment, limitation, or restriction by or under--
(A) any law (other than a law enacted by Congress
expressly in limitation of this paragraph) that becomes
effective after the acquisition by the Administration
of the subject or property on, under, or with respect
to which the right or remedy arises or exists or would
so arise or exist in the absence of the law; or
(B) any administrative or other action that becomes
effective after the acquisition.
(2) State law.--The Administrator may conduct the business
of the Administration without regard to any qualification or
law of any State relating to incorporation.
(b) Use of Other Agencies.--With the consent of a department,
establishment, or instrumentality (including any field office), the
Administration may--
(1) use and act through any department, establishment, or
instrumentality; or
(2) use, and pay compensation for, information, services,
facilities, and personnel of the department, establishment, or
instrumentality.
(c) Procurement.--The Administrator shall be the senior procurement
officer for the Administration for purposes of section 1702 of title
41, United States Code.
(d) Financial Matters.--
(1) Investments.--Funds of the Administration may be
invested in such investments as the Board of Directors may
prescribe.
(2) Fiscal agents.--Any Federal reserve bank or any bank
for which, at the time of designation by the Administrator
there is outstanding a designation by the Secretary of the
Treasury as a general or other depository of public money, may
be designated by the Administrator as a depositary or custodian
or as a fiscal or other agent of the Administration.
(e) Jurisdiction.--Notwithstanding section 1349 of title 28, United
States Code, or any other provision of law--
(1) the Administration shall be considered a corporation
covered by sections 1345 and 1442 of title 28, United States
Code;
(2) all civil actions to which the Administration is a
party shall be considered to arise under the laws of the United
States, and the district courts of the United States shall have
original jurisdiction of all such actions, without regard to
amount or value, except that the courts of appeals shall have
jurisdiction over civil actions pertaining to section
103(a)(3); and
(3) any civil or other action, case or controversy in a
court of a State, or in any court other than a district court
of the United States, to which the Administration is a party
may at any time before trial be removed by the Administration,
without the giving of any bond or security and by following any
procedure for removal of causes in effect at the time of the
removal--
(A) to the district court of the United States for
the district and division embracing the place in which
the same is pending; or
(B) if there is no such district court, to the
district court of the United States for the district in
which the principal office of the Administration is
located.
(f) Periodic Reports.--Not later than 1 year after commencement of
operation of the Administration and at least biannually thereafter, the
Administrator shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that includes a description of--
(1) the technologies supported by activities of the
Administration; and
(2) the performance of the Administration on meeting the
goals developed by the Secretary under section 102.
(g) Audits by the Comptroller General.--
(1) In general.--The programs, activities, receipts,
expenditures, and financial transactions of the Administration
shall be subject to audit by the Comptroller General of the
United States under such rules and regulations as may be
prescribed by the Comptroller General.
(2) Access.--The representatives of the Government
Accountability Office shall--
(A) have access to the personnel and to all books,
accounts, documents, records (including electronic
records), reports, files, and all other papers,
automated data, things, or property belonging to, under
the control of, or in use by the Administration, or any
agent, representative, attorney, advisor, or consultant
retained by the Administration, and necessary to
facilitate the audit;
(B) be afforded full facilities for verifying
transactions with the balances or securities held by
depositories, fiscal agents, and custodians;
(C) be authorized to obtain and duplicate any such
books, accounts, documents, records, working papers,
automated data and files, or other information relevant
to the audit without cost to the Comptroller General;
and
(D) have the right of access of the Comptroller
General to such information under section 716(c) of
title 31, United States Code.
(3) Assistance and cost.--
(A) In general.--For the purpose of conducting an
audit under this subsection, the Comptroller General
may, in the discretion of the Comptroller General,
employ by contract, without regard to section 6101 of
title 41, United States Code, professional services of
firms and organizations of certified public accountants
for temporary periods or for special purposes.
(B) Reimbursement.--
(i) In general.--On the request of the
Comptroller General, the Administration shall
reimburse the General Accountability Office for
the full cost of any audit conducted by the
Comptroller General under this subsection.
(ii) Crediting.--Such reimbursements
shall--
(I) be credited to the
appropriation account entitled
``Salaries and Expenses, Government
Accountability Office'' at the time at
which the payment is received; and
(II) remain available until
expended.
(h) Annual Independent Audits.--
(1) In general.--The Administrator shall--
(A) have an annual independent audit made of the
financial statements of the Administration by an
independent public accountant in accordance with
generally accepted auditing standards; and
(B) submit to the Secretary the results of the
audit.
(2) Content.--In conducting an audit under this subsection,
the independent public accountant shall determine and report on
whether the financial statements of the Administration--
(A) are presented fairly in accordance with
generally accepted accounting principles; and
(B) comply with any disclosure requirements imposed
under this subtitle.
(i) Financial Reports.--
(1) In general.--The Administrator shall submit to the
Secretary annual and quarterly reports of the financial
condition and operations of the Administration, which shall be
in such form, contain such information, and be submitted on
such dates as the Secretary shall require.
(2) Contents of annual reports.--Each annual report shall
include--
(A) financial statements prepared in accordance
with generally accepted accounting principles;
(B) any supplemental information or alternative
presentation that the Secretary may require; and
(C) an assessment (as of the end of the most recent
fiscal year of the Administration), signed by the chief
executive officer and chief accounting or financial
officer of the Administration, of--
(i) the effectiveness of the internal
control structure and procedures of the
Administration; and
(ii) the compliance of the Administration
with applicable safety and soundness laws.
(3) Special reports.--The Secretary may require the
Administrator to submit other reports on the condition
(including financial condition), management, activities, or
operations of the Administration, as the Secretary considers
appropriate.
(4) Accuracy.--Each report of financial condition shall
contain a declaration by the Administrator or any other officer
designated by the Board of Directors of the Administration to
make the declaration, that the report is true and correct to
the best of the knowledge and belief of the officer.
(5) Availability of reports.--Reports required under this
section shall be published and made publicly available as soon
as is practicable after receipt by the Secretary.
(j) Scope and Termination of Authority.--
(1) New obligations.--The Administrator shall not initiate
any new obligations under this subtitle on or after January 1,
2039.
(2) Reversion to secretary.--The authorities and
obligations of the Administration shall revert to the Secretary
on January 1, 2039.
Subtitle B--Beneficial Electrification
SEC. 111. INNOVATION IN ELECTRIC VEHICLES THROUGH THE ADVANCED
TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM.
(a) In General.--
(1) In general.--Section 136(c) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17013(c)) is amended by
striking ``December 30, 2020'' each place it appears and
inserting ``December 31, 2030''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on December 31, 2020.
(b) Authorization of Appropriations.--Section 136(i) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(i)) is amended
by striking ``2008 through 2012'' and inserting ``2021 through 2030''.
SEC. 112. DEPLOYMENT OF ELECTRIC VEHICLES THROUGH TAX CREDITS.
(a) New Phaseout Rules Added to Qualified Plug-In Electric Vehicle
Tax Credit.--Subsection (e) of section 30D of the Internal Revenue Code
of 1986 is amended to read as follows:
``(e) Limitation on Number of New Qualified Plug-In Electric Drive
Motor Vehicles Eligible for Credit.--
``(1) In general.--In the case of any new qualified plug-in
electric drive motor vehicle sold after the date of the
enactment of the Clean Energy Innovation and Deployment Act of
2020--
``(A) if such vehicle is sold during the transition
period, the amount determined under subsection (b)(2)
shall be reduced by $500, and
``(B) if such vehicle is sold during the phaseout
period, only the applicable percentage of the credit
otherwise allowable under subsection (a) shall be
allowed.
``(2) Transition period.--For purposes of this subsection,
the transition period subsequent to the first date on which the
number of new qualified plug-in electric drive motor vehicles
manufactured by the manufacturer of the vehicle referred to in
paragraph (1) sold for use in the United States after December
31, 2009, is at least 200,000.
``(3) Phaseout period.--
``(A) In general.--For purposes of this subsection,
the phaseout period is the period beginning with the
second calendar quarter following the calendar quarter
which includes the first date on which the number of
new qualified plug-in electric drive motor vehicles
manufactured by the manufacturer of the vehicle
referred to in paragraph (1) sold for use in the United
States after December 31, 2009, is at least 600,000.
``(B) Applicable percentage.--For purposes of
paragraph (1)(B), the applicable percentage is--
``(i) 50 percent for the first calendar
quarter of the phaseout period, and
``(ii) 0 percent for each calendar quarter
thereafter.
``(C) Exclusion of sale of certain vehicles.--
``(i) In general.--For purposes of
subparagraph (A), any new qualified plug-in
electric drive motor vehicle manufactured by
the manufacturer of the vehicle referred to in
paragraph (1) which was sold during the
exclusion period shall not be included for
purposes of determining the number of such
vehicles sold.
``(ii) Exclusion period.--For purposes of
this subparagraph, the exclusion period is the
period--
``(I) beginning on the first date
on which the number of new qualified
plug-in electric drive motor vehicles
manufactured by the manufacturer of the
vehicle referred to in paragraph (1)
sold for use in the United States after
December 31, 2009, is at least 200,000,
and
``(II) ending on the date of the
enactment of the Clean Energy
Innovation and Deployment Act of 2020.
``(4) Controlled groups.--Rules similar to the rules of
section 30B(f)(4) shall apply for purposes of this
subsection.''.
(b) Extension of Credit for New Qualified Fuel Cell Motor
Vehicles.--Section 30B(k)(1) of the Internal Revenue Code of 1986 is
amended by striking ``December 31, 2020'' and inserting ``December 31,
2028''.
(c) Effective Date.--The amendments made by this section shall
apply to property purchased after the date of the enactment of this
Act.
SEC. 113. DEPLOYMENT OF ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
THROUGH SUPPLY EQUIPMENT PROGRAMS.
(a) Electric Vehicle Supply Equipment Coordination.--Not later than
90 days after the date of enactment of this Act, the Secretary of
Energy, acting through the Assistant Secretary of the Office of
Electricity, shall convene a group to assess progress in the
development of standards necessary to--
(1) support the expanded deployment of electric vehicle
supply equipment;
(2) develop an electric vehicle charging network to provide
reliable charging for electric vehicles nationwide; and
(3) ensure the development of such network will not
compromise the stability and reliability of the electric grid.
(b) Utility Electric Vehicle Charging Programs.--
(1) Consideration and determination respecting certain
ratemaking standards.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended
by adding at the end the following:
``(20) Utility electric vehicle charging programs.--
``(A) In general.--Each State shall consider
authorizing each electric utility of the State to
establish rates sufficient to recover from ratepayers
any capital, operating expenditure, or other costs of
the electric utility relating to the deployment of
electric vehicle supply equipment designed to provide
vehicle charging or load management.
``(B) Definition.--For purposes of this paragraph,
the term `electric vehicle supply equipment' means the
conductors, including the ungrounded, grounded, and
equipment grounding conductors, the electric vehicle
connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle.''.
(2) Obligations to consider and determine.--
(A) Time limitations.--Section 112(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(b)) is amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility shall
commence the consideration referred to in section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility
shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to the
standard established by paragraph (20) of section 111(d).''.
(B) Failure to comply.--Section 112(c) of the
Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2622(c)) is amended--
(i) by striking ``subsection (b)(2)'' and
inserting ``subsection (b)''; and
(ii) by striking ``(19)'' and inserting
``(20)''.
(C) Prior state actions.--Section 112 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622) is amended by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) of this section
shall not apply to the standard established by paragraph (20) of
section 111(d) in the case of any electric utility in a State if,
before the enactment of this subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard concerned
(or a comparable standard) for such utility; or
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such
utility.''.
(c) Model Building Code for Electric Vehicle Supply Equipment.--
(1) Development.--The Secretary of Energy shall develop a
proposal to establish or update, as appropriate, model building
codes for--
(A) integrating electric vehicle supply equipment
into residential and commercial buildings that include
space for individual vehicle or fleet vehicle parking;
and
(B) integrating onsite renewable power equipment
and electric storage equipment (including electric
vehicle batteries to be used for electric storage) in
residential and commercial buildings.
(2) Consultation.--In developing the proposal under
paragraph (1), the Secretary shall consult with stakeholders
representing the building construction industry, manufacturers
of electric vehicles and electric vehicle supply equipment,
State and local governments, and any other persons with
relevant expertise or interests.
(3) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit the proposal
developed under paragraph (1) to the American Society of
Heating, Refrigerating, and Air Conditioning Engineers and the
International Code Council for consideration.
SEC. 114. DEPLOYMENT OF ENERGY EFFICIENT BUILDINGS THROUGH TAX CREDITS.
(a) Credit Dates Extended.--Subsection (g) of section 25D of the
Internal Revenue Code of 1986 is amended--
(1) in paragraph (1), by striking ``January 1, 2020'' and
inserting ``January 1, 2025'';
(2) in paragraph (2), by striking ``after December 31,
2019, and before January 1, 2021'' and inserting ``after
December 31, 2024, and before January 1, 2026''; and
(3) in paragraph (3), by striking ``after December 31,
2020, and before January 1, 2022'' and inserting ``after
December 31, 2025, and before January 1, 2027''.
(b) Termination Date Extended.--Subsection (h) of section 25D of
such Code is amended by striking ``December 31, 2021'' and inserting
``December 31, 2026''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2019.
SEC. 115. DEPLOYMENT OF ENERGY EFFICIENT BUILDINGS THROUGH GRANTS.
(a) Energy Efficient Public Buildings.--Section 125(c) of the
Energy Policy Act of 2005 (42 U.S.C. 15822(c)) is amended by striking
``$30,000,000 for each of fiscal years 2006 through 2010'' and
inserting ``$100,000,000 for each of fiscal years 2022 through 2026''.
(b) Energy Efficiency and Conservation Block Grant Program.--
(1) Purpose.--Section 542(b)(1) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) diversifies energy supplies, including by
facilitating and promoting the use of alternative
fuels;''.
(2) Use of funds.--Section 544(9) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17154(9)) is
amended to read as follows:
``(9) deployment of energy distribution technologies that
significantly increase energy efficiency or expand access to
alternative fuels, including--
``(A) distributed resources;
``(B) district heating and cooling systems; and
``(C) infrastructure for delivering alternative
fuels;''.
(3) Competitive grants.--Section 546(c)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2))
is amended by inserting ``, including projects to expand the
use of alternative fuels'' before the period at the end.
(4) Funding.--Section 548(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read as
follows:
``(a) Authorization of Appropriations.--
``(1) Grants.--There is authorized to be appropriated to
the Secretary for the provision of grants under the program
$3,500,000,000 for each of fiscal years 2022 through 2026.
``(2) Administrative costs.--There is authorized to be
appropriated to the Secretary for administrative expenses of
the program $35,000,000 for each of fiscal years 2022 through
2026.''.
(5) Technical amendments.--Section 543 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17153) is
amended--
(A) in subsection (c), by striking ``subsection
(a)(2)'' and inserting ``subsection (a)(3)''; and
(B) in subsection (d), by striking ``subsection
(a)(3)'' and inserting ``subsection (a)(4)''.
(c) Smart Federal Building Program.--
(1) Definitions.--In this subsection:
(A) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(B) Smart building.--The term ``smart building''
means a building, or collection of buildings, with an
energy system that--
(i) is flexible and automated;
(ii) has extensive operational monitoring
and communication connectivity, allowing remote
monitoring and analysis of all building
functions;
(iii) takes a systems-based approach in
integrating the overall building operations for
control of energy generation, consumption, and
storage;
(iv) communicates with utilities and other
third-party commercial entities, if
appropriate;
(v) protects the health and safety of
occupants and workers; and
(vi) is cybersecure.
(2) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, in consultation
with the Administrator of General Services, establish a
program, to be known as the Federal Smart Building Program--
(A) to implement smart building technology; and
(B) to demonstrate the costs and benefits of smart
buildings.
(3) Selection.--
(A) In general.--The Secretary shall coordinate the
selection of not fewer than 1 building from among each
of several key Federal agencies, as described in
paragraph (5), to compose an appropriately diverse set
of smart buildings based on size, type, and geographic
location.
(B) Inclusion of commercially operated buildings.--
In making selections under subparagraph (A), the
Secretary may include buildings that are owned by the
Federal Government but are commercially operated.
(4) Targets.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish targets
for the number of smart buildings to be commissioned and
evaluated by key Federal agencies described in paragraph (5) by
3 years and 6 years after the date of enactment of this Act.
(5) Federal agency described.--The key Federal agencies
described in this subsection shall include buildings operated
by--
(A) the Department of the Army;
(B) the Department of the Navy;
(C) the Department of the Air Force;
(D) the Department of Energy;
(E) the Department of the Interior;
(F) the Department of Veterans Affairs; and
(G) the General Services Administration.
(6) Requirement.--In implementing the program established
under paragraph (2), the Secretary shall leverage existing
financing mechanisms including energy savings performance
contracts, utility energy service contracts, and annual
appropriations.
(7) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate the
costs and benefits of the buildings selected under paragraph
(3), including an identification of--
(A) which advanced building technologies--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing energy savings;
(II) increasing service performance
to building occupants;
(III) reducing environmental
impacts; and
(IV) establishing cybersecurity;
and
(B) any other information the Secretary determines
to be appropriate.
(8) Awards.--The Secretary may expand awards made under the
Federal Energy Management Program and the Better Building
Challenge to recognize specific agency achievements in
accelerating the adoption of smart building technologies.
Subtitle C--Zero-Emission Electricity Generation Technology
SEC. 121. DEPLOYMENT OF SOLAR AND WIND TECHNOLOGY THROUGH TAX CREDITS.
(a) Energy Credit for Qualified Offshore Wind Facilities.--
(1) In general.--Subsection (a) of section 48 of the
Internal Revenue Code is amended--
(A) in paragraph (2)(A)(i)--
(i) in subclause (III), by striking ``and''
at the end; and
(ii) by adding at the end the following new
subclause:
``(V) qualified offshore wind property, and''; and
(B) in paragraph (3)(A)--
(i) in clause (vi), by striking ``or'' at
the end;
(ii) in clause (vii), by adding ``or'' at
the end; and
(iii) by adding at the end the following
new clause:
``(viii) qualified offshore wind property,
but only with respect to property the
construction of which begins before January 1,
2028,''.
(2) Qualified offshore wind property.--Subsection (c) of
section 48 of such Code is amended by adding at the end the
following new paragraph:
``(5) Qualified offshore wind property.--
``(A) In general.--The term `qualified offshore
wind property' means an offshore facility using wind to
produce electricity.
``(B) Offshore facility.--The term `offshore
facility' means any facility located in the inland
navigable waters of the United States, including the
Great Lakes, or in the coastal waters of the United
States, including the territorial seas of the United
States, the exclusive economic zone of the United
States, and the outer Continental Shelf of the United
States.
``(C) Exception for qualified small wind energy
property.--The term `qualified offshore wind property'
shall not include any property described in paragraph
(4).
``(D) Special rule.--In the case of any property
described in subparagraph (A) which was placed in
service after December 31, 2016, and for which a credit
under this section was allowed by reason of subsection
(a)(5) in any taxable year which ends before or
includes the date of the enactment of the Clean Energy
Innovation and Deployment Act of 2020, notwithstanding
any election under such subsection (a)(5), such
property may be treated at the election of the taxpayer
as qualified offshore wind property (and not as
qualified property which is part of a qualified
investment credit facility) for--
``(i) taxable years beginning on or after
such date of enactment, and
``(ii) any taxable years ending before such
date of enactment, including by filing an
amended return.
Notwithstanding section 6501, an amended return may be
filed for purposes of clause (ii) for any taxable year
described in such clause.''.
(3) Effective date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
(b) Extension and Phaseout of Investment Tax Credit.--
(1) Extension of investment tax credit.--Section 48 of the
Internal Revenue Code of 1986 is amended--
(A) in subsection (a)--
(i) in paragraph (2)(A)(i)(II), by striking
``January 1, 2022'' and inserting ``January 1,
2028'';
(ii) in paragraph (3)(A)--
(I) in clause (ii), by striking
``January 1, 2022'' and inserting
``January 1, 2028''; and
(II) in clause (vii), by striking
``January 1, 2022'' and inserting
``January 1, 2028''; and
(iii) in paragraph (5)(C)--
(I) in clause (i)--
(aa) by striking ``(2),
(3), (4), (6), (7),''; and
(bb) by inserting ``and
which is placed in service
after 2008 and the construction
of which begins before January
1, 2028'' after ``section
45(d)''; and
(II) in clause (ii), by inserting
at the beginning of the clause ``which
is a qualified facility (within the
meaning of section 45) described in
paragraph (2), (3), (4), (6), and (7)
and''; and
(B) in subsection (c)--
(i) in paragraph (1)(D), by striking
``January 1, 2022'' and inserting ``January 1,
2028'';
(ii) in paragraph (2)(D), by striking
``January 1, 2022'' and inserting ``January 1,
2028'';
(iii) in paragraph (3)(A)(iv), by striking
``January 1, 2022'' and inserting ``January 1,
2028''; and
(iv) in paragraph (4)(C), by striking
``January 1, 2022'' and inserting ``January 1,
2028''.
(2) Credit transferability for solar investment tax
credit.--Section 48 of such Code is further amended by adding
at the end the following new subsections:
``(e) Transferability.--If a taxpayer elects to transfer all (or
any portion specified in the election) of the credit determined under
this section for an energy property described in subsection (a)(5) or
(a)(6) for any taxable year to an eligible project partner for a
specified period, then the eligible project partner specified in such
election (and not the taxpayer) shall be treated for purposes of this
title with respect to such credit (or such portion thereof) as the
person entitled to such credit (or portion thereof).
``(f) Eligible Project Partner.--
``(1) In general.--For purposes of this paragraph, the term
`eligible project partner' means, with respect to any energy
property described in subsection (a)(5) or (a)(6), any person
who--
``(A) has an ownership interest in such energy
property,
``(B) provided equipment for or services in the
construction of such energy property,
``(C) provides electric transmission or
distribution services for such energy property,
``(D) purchases electricity from such energy
property pursuant to a contract, or
``(E) provides financing for such energy property.
``(2) Special rule.--For purposes of paragraph (1)(E), any
amount paid as consideration for a transfer described in
subsection (e) shall not be treated as financing of a qualified
facility.
``(g) Taxable Year in Which Credit Taken Into Account.--In the case
of any credit (or portion thereof) with respect to which an election is
made under subsection (e), such credit shall be taken into account in
the first taxable year of the eligible project partner ending with, or
after, the electing taxpayer's taxable year with respect to which the
credit was determined.
``(h) Limitations on Election.--
``(1) Time for election.--An election under subsection (e)
to transfer any portion of the credit allowed under this
section shall be made not later than the due date for the
return of tax for the electing taxpayer's taxable year with
respect to which the credit was determined.
``(2) No further transfers.--No election may be made under
subsection (e) by a taxpayer with respect to any portion of the
credit allowed under this section which has been previously
transferred to such taxpayer.
``(3) Treatment of transfer under private use rules.--For
purposes of section 141(b)(1), any benefit derived by an
eligible project partner in connection with an election under
subsection (e) shall not be taken into account as a private
business use.
``(4) Additional election requirements.--The Secretary may
prescribe such regulations as may be appropriate to carry out
the purposes of this section, including--
``(A) rules for determining which persons are
eligible project partners with respect to any energy
property, and
``(B) requiring information to be included in an
election under subparagraph (A) or imposing additional
reporting requirements.
``(i) Special Rules.--
``(1) In the case of a taxpayer making an election under
this section, the credit subject to such an election shall be
determined notwithstanding--
``(A) section 50(b)(3); and
``(B) section 50(b)(4) for an entity described in
50(b)(4)(A)(i).
``(2) In the case of a mutual or cooperative electric
company described in this paragraph or an organization
described in section 1381(a)(2), income received or accrued in
connection with the transfer of credit under this section shall
be treated as an amount collected from members for the sole
purpose of meeting losses and expenses.
``(j) Termination.--This section shall apply to taxable years
ending before January 1, 2050.''.
(3) Phaseouts.--
(A) Solar energy property.--Section 48(a)(6) of
such Code is amended--
(i) in subparagraph (A)--
(I) by striking ``January 1, 2022,
the energy percentage'' and inserting
``January 1, 2028, the energy
percentage'';
(II) in clause (i), by striking
``after December 31, 2019, and before
January 1, 2021'' and inserting ``after
December 31, 2020, and before January
1, 2027''; and
(III) in clause (ii), by striking
``after December 31, 2020, and before
January 1, 2022'' and inserting ``after
December 31, 2021, and before January
1, 2027''; and
(ii) in subparagraph (B), by striking
``begins before January 1, 2022, and which is
not placed in service before January 1, 2024''
and inserting ``begins before January 1, 2028,
and which is not placed in service before
January 1, 2030''.
(B) Fiber-optic solar, qualified fuel cell, and
qualified small wind energy property.--Section 48(a)(7)
of such Code is amended--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``after December 31, 2019, and before
January 1, 2021'' and inserting ``after
December 31, 2020, and before January
1, 2027''; and
(II) in clause (ii), by striking
``after December 31, 2020, and before
January 1, 2022'' and inserting ``after
December 31, 2021, and before January
1, 2027''; and
(ii) in subparagraph (B), by striking
``January 1, 2024'' and inserting ``January 1,
2030''.
(c) Extension of Production Tax Credit.--
(1) Wind.--Section 45(d)(1) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2021'' and inserting
``January 1, 2028''.
(2) Hydropower, marine and hydrokinetic.--Section
45(d)(9)(a)(i) and (ii) and Section 45(d)(11)(B) of the
Internal Revenue Code of 1986 is amended by striking ``January
1, 2021'' and inserting ``January 1, 2028''.
(3) Application of phaseout percentage.--Section
45(b)(5)(D) of the Internal Revenue Code of 1986 is amended by
striking ``January 1, 2021'' and inserting ``January 1, 2028''.
(4) Treatment as energy property.--Section 48(a)(5)(E) of
the Internal Revenue Code of 1986 is amended by striking
``January 1, 2021'' and inserting ``January 1, 2028''.
(5) Credit transferability for wind production tax
credit.--Section 45 of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(f) Transferability.--If the taxpayer elects to transfer all (or
any portion specified in the election) of the credit determined under
this section for any taxable year with respect to any qualified
facility as defined in subsection (d)(1) to an eligible project partner
for a specified period, then, the eligible project partner specified in
such election (and not the taxpayer) shall be treated for purposes of
this title with respect to such credit (or such portion thereof) as the
person producing and selling the electricity to which such credit (or
portion thereof) relates.
``(g) Eligible Project Partner.--
``(1) In general.--For purposes of this section, the term
`eligible project partner' means, with respect to any qualified
facility as defined in subsection (d)(1), any person who--
``(A) has an ownership interest in such qualified
facility,
``(B) provided equipment for or services in the
construction of such qualified facility,
``(C) provides electric transmission or
distribution services for such qualified facility,
``(D) purchases electricity from such qualified
facility pursuant to a contract, or
``(E) provides financing for such qualified
facility.
``(2) Special rule.--For purposes of paragraph (1)(E), any
amount paid as consideration for a transfer described in
subsection (f) shall not be treated as financing of a qualified
facility.
``(h) Taxable Year in Which Credit Taken Into Account.--In the case
of any credit (or portion thereof) with respect to which an election is
made under subsection (f), such credit shall be taken into account in
the first taxable year of the eligible project partner ending with, or
after, the electing taxpayer's taxable year with respect to which the
credit was determined.
``(i) Limitations on Election.--
``(1) Time for election.--An election under subsection (f)
to transfer any portion of the credit allowed under this
section shall be made not later than the due date for the
return of tax for the electing taxpayer's taxable year with
respect to which the credit was determined.
``(2) No further transfers.--No election may be made under
subsection (f) by a taxpayer with respect to any portion of the
credit allowed under this section which has been previously
transferred to such taxpayer under this paragraph.
``(3) Treatment of transfer under private use rules.--For
purposes of section 141(b)(1), any benefit derived by an
eligible project partner in connection with an election under
this section shall not be taken into account as a private
business use.
``(4) Additional election requirements.--The Secretary may
prescribe such regulations as may be appropriate to carry out
the purposes of this section, including--
``(A) rules for determining which persons are
eligible project partners with respect to any energy
property, and
``(B) requiring information to be included in an
election under subsection (f) or imposing additional
reporting requirements.
``(j) Termination.--This section shall apply to taxable years
ending before January 1, 2050.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2020.
SEC. 122. ENERGY TAX CREDIT MONETIZATION.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6431. ELECTIVE PAYMENT FOR ENERGY PROPERTY AND ELECTRICITY
PRODUCED FROM CERTAIN RENEWABLE RESOURCES, ETC.
``(a) Energy Property.--In the case of a taxpayer making an
election (at such time and in such manner as the Secretary may provide)
under this section with respect to--
``(1) any portion of an energy credit which would (without
regard to this section) be determined under section 48 with
respect to property originally placed in service after December
31, 2019 and before January 1, 2025,
``(2) any portion of a renewable electricity production
credit which would (without regard to this section) be
determined under section 45 with respect to property originally
placed in service after December 31, 2019 and before January 1,
2025, or
``(3) any portion of a credit carryforward to the extent
attributable to section 48 or section 45 that is allowed under
section 38(a)(1) (determined without regard to section 38(c))
for taxable years ending after December 31, 2019 and before
January 1, 2025,
such taxpayer shall be treated as making a payment against the tax
imposed by subtitle A for the taxable year equal to 85 percent of such
amount.
``(b) Timing.--The payment described in subsection (a) shall be
treated as made on the later of the due date of the return of tax
(determined without extensions) for such taxable year or the date on
which such return is filed.
``(c) Exclusion From Gross Income.--Gross income of the taxpayer
shall be determined without regard to this section.
``(d) Denial of Double Benefit.--Solely for purposes of section 38,
in the case of a taxpayer making an election under this section, the
energy credit determined under section 48 or the renewable electricity
production credit determined under section 45 shall be reduced by the
amount of the portion of such credit with respect to which the taxpayer
makes such election.
``(e) Special Rules.--
``(1) In the case of a taxpayer making an election under
this section, the credit subject to such an election shall be
determined notwithstanding--
``(A) section 50(b)(3); and
``(B) section 50(b)(4) for an entity described in
50(b)(4)(A)(i).
``(2) In the case of a mutual or cooperative electric
company described in this paragraph or an organization
described in section 1381(a)(2), income received or accrued in
connection with the refunding or direct payment of credit under
this section shall be treated as an amount collected from
members for the sole purpose of meeting losses and expenses.''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of such Code is amended by adding at the end the following
new item:
``Sec. 6431. Elective payment for energy property and electricity
produced from certain renewable resources,
etc.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 123. INNOVATION IN ENERGY STORAGE THROUGH RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.
(a) In General.--The United States Energy Storage Competitiveness
Act of 2007 (42 U.S.C. 17231) is amended--
(1) by redesignating subsections (l) through (p) as
subsections (m) through (q), respectively; and
(2) by inserting after subsection (k) the following:
``(l) Grid-Scale Energy Storage System Research, Development, and
Demonstration Program.--
``(1) Definitions.--In this subsection:
``(A) Energy storage system.--The term `energy
storage system' means a system, equipment, facility, or
technology that--
``(i) is capable of absorbing energy,
storing that energy for a period of time, and
dispatching the stored energy; and
``(ii)(I) uses a mechanical, electrical,
chemical, electrochemical, or thermal process
to store energy that--
``(aa) was generated at an earlier
time for use at a later time; or
``(bb) was generated from a
mechanical process, and would otherwise
be wasted, for delivery at a later
time; or
``(II) stores thermal energy for direct use
for heating or cooling at a later time in a
manner that avoids the need to use electricity
at that later time, in the same manner as the
storage and use offered by a grid-enabled water
heater.
``(B) Program.--The term `program' means the
research, development, and demonstration program
established under paragraph (2)(A).
``(2) Establishment.--
``(A) In general.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
establish within the Office of Electricity of the
Department of Energy a research, development, and
demonstration program of grid-scale energy storage
systems, in accordance with this subsection.
``(B) Goals, priorities, cost targets.--Not later
than 180 days after the date of enactment of this Act,
The Secretary shall develop goals, priorities, and cost
targets for the program.
``(3) Strategic plan.--
``(A) In general.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a 10-year
strategic plan for the program.
``(B) Contents.--The strategic plan submitted under
subparagraph (A) shall--
``(i) identify Department of Energy
programs that support--
``(I) the research and development
activities described in paragraph (4)
and the demonstration projects under
paragraph (6); and
``(II) activities or projects not
described in subclause (I) that are
important to the development of grid-
scale energy storage systems and the
mission of the Office of Electricity of
the Department of Energy, as determined
by the Secretary; and
``(ii) include expected timelines for--
``(I) the accomplishment of
relevant objectives under current
programs of the Department of Energy
relating to grid-scale energy storage
systems; and
``(II) the commencement of any new
initiatives within the Department of
Energy relating to grid-scale energy
storage systems to accomplish those
objectives.
``(C) Updates to plan.--Not less frequently than
once every 2 years, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Science, Space, and Technology of
the House of Representatives an updated strategic plan
for the same 10-year period as the plan under
subparagraph (A), which shall identify, and provide a
justification for, any major deviation from a previous
strategic plan submitted under this paragraph.
``(4) Research and development.--In carrying out the
program, the Secretary shall focus research and development
activities on developing cost-effective energy storage systems
that--
``(A)(i) to balance day-scale needs, are capable of
highly flexible power output for not less than 6 hours;
and
``(ii) have a lifetime of--
``(I) not less than 8,000 cycles of
discharge at full output; and
``(II) 20 years of useful-life operation;
``(B)(i) can provide power to the electric grid for
durations of approximately 6 to 100 hours; and
``(ii) have a lifetime of--
``(I) not less than 1,500 cycles of
discharge at full output; and
``(II) 20 years of operation; and
``(C) can store energy over several months and
address seasonal scale variations in supply and demand.
``(5) Cost targets.--
``(A) In general.--Cost targets developed by the
Secretary under paragraph (2)(B) shall--
``(i) be for energy storage costs across
all types of energy storage technology; and
``(ii) include technology costs,
installation costs, balance of services costs,
and soft costs.
``(B) Target updates; subtargets.--Not less
frequently than once every 5 years during the 10-year
period beginning on the date of enactment of the Act,
the Secretary shall--
``(i) revise the cost targets developed
under paragraph (2)(B) based on--
``(I) a technology-neutral approach
that considers all types of energy
storage deployment scenarios, including
individual technologies, technology
combination use profiles, and
integrated control system applications;
``(II) input from a variety of
stakeholders;
``(III) the inclusion and use of
existing infrastructure; and
``(IV) the ability to optimize the
integration of intermittent renewable
energy generation technology and
distributed energy resources; and
``(ii) establish cost subtargets for
technologies and applications relating to the
energy storage systems described in paragraph
(4), taking into consideration--
``(I) electricity market prices;
and
``(II) the goal of being cost-
competitive in specific markets for
electric grid products and services.
``(6) Demonstration projects.--
``(A) In general.--Not later than September 30,
2023, under the program, the Secretary shall, to the
maximum extent practicable, enter into agreements to
carry out not more than 5 grid-scale energy storage
system demonstration projects, including at least one
in which an electric cooperative is a participant and
at least one in which a retail electricity supplier
that is a State, or any political subdivision of a
State is a participant.
``(B) Objective.--Each demonstration project
carried out under subparagraph (A) shall be designed to
further the development of the energy storage systems
described in paragraph (4).
``(C) No ownership interest.--The Federal
Government shall not hold any equity or other ownership
interest in any grid-scale energy storage system that
is part of a demonstration project under this
paragraph.
``(7) Testing and validation.--The Secretary shall
accelerate the standardized testing and validation of grid-
scale energy storage systems under the program through
collaboration with one or more National Laboratories (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)), including by developing testing and evaluation
methodologies for--
``(A) standardized grid performance testing for
energy storage systems, materials, and technologies
during each stage of development, beginning with the
research stage and ending with the deployment stage,
including performance testing with charge and discharge
protocols to evaluate power capability, energy output,
and degradation during cycling and calendar aging on
earliest stage commercially viable prototypes (commonly
less than 100 kilowatts); and
``(B) accelerated life testing protocols to predict
estimated lifetime metrics with accuracy.
``(8) Coordination.--To accelerate the development of grid-
scale energy storage systems under the program the Secretary
shall coordinate with--
``(A) offices within the Department of Energy
conducting energy storage research, such as the
Advanced Research Projects Agency-Energy, the Office of
Science, and the Office of Energy Efficiency and
Renewable Energy;
``(B) Federal agencies that are carrying out
initiatives to increase energy security or reliability,
such as the Department of Defense, the National Science
Foundation, the Federal Energy Regulatory Commission,
and the Department of Homeland Security;
``(C) program offices that aim to increase domestic
manufacturing and production, such as the Office of
Advanced Manufacturing in the Department of Energy and
the National Institute of Standards and Technology in
the Department of Commerce; and
``(D) members of private industry to advance the
development of commercially viable grid-scale energy
storage systems.''.
(b) Authorization of Appropriations.--The United States Energy
Storage Competitiveness Act of 2007 (42 U.S.C. 17231) is amended, in
subsection (q) (as redesignated by subsection (a)(1))--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) the research, development, and demonstration program
of grid-scale energy storage systems under subsection (l)
$60,000,000 for each of fiscal years 2021 through 2024.''.
SEC. 124. DEPLOYMENT OF ENERGY STORAGE THROUGH TAX CREDITS.
(a) Energy Credit for Energy Storage Technologies.--
(1) In general.--Subclause (II) of section 48(a)(2)(A)(i)
of the Internal Revenue Code of 1986 is amended by striking
``paragraph (3)(A)(i)'' and inserting ``clause (i) or (ix) of
paragraph (3)(A)''.
(2) Energy storage technologies.--Subparagraph (A) of
section 48(a)(3) of the Internal Revenue Code of 1986, as
amended by section 121, is amended by striking ``or'' at the
end of clause (vii), by adding ``or'' at the end of clause
(viii), and by adding at the end the following new clause:
``(ix) equipment which receives, stores,
and delivers energy using batteries, compressed
air, pumped hydropower, hydrogen storage
(including hydrolysis), thermal energy storage,
regenerative fuel cells, flywheels, capacitors,
superconducting magnets, or other technologies
identified by the Secretary in consultation
with the Secretary of Energy, and which has a
capacity of not less than 5 kilowatt hours,''.
(3) Phaseout of credit.--Paragraph (6) of section 48(a) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``energy'' in the heading and
inserting ``and energy storage''; and
(B) by striking ``paragraph (3)(A)(i)'' both places
it appears and inserting ``clause (i) or (ix) of
paragraph (3)(A)''.
(4) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2019.
(b) Residential Energy Efficient Property Credit for Battery
Storage Technology.--
(1) In general.--Subsection (a) of section 25D of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of paragraph (4), by inserting ``and'' after the comma
at the end of paragraph (5), and by inserting after paragraph
(5) the following new paragraph:
``(6) the qualified battery storage technology
expenditures,''.
(2) Qualified battery storage technology expenditure.--
Subsection (d) of section 25D of the Internal Revenue Code of
1986 is amended by adding at the end the following new
paragraph:
``(6) Qualified battery storage technology expenditure.--
The term `qualified battery storage technology expenditure'
means an expenditure for battery storage technology which--
``(A) is installed on or in connection with a
dwelling unit located in the United States and used as
a residence by the taxpayer, and
``(B) has a capacity of not less than 3 kilowatt
hours.''.
(3) Effective date.--The amendments made by this subsection
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2018.
SEC. 125. NORMALIZATION OPT-OUT FOR UTILITIES.
Paragraph (2) of section 50(d) of the Internal Revenue Code of 1986
is amended by adding after the first sentence the following: ``At the
election of a taxpayer, this paragraph shall not apply to energy
property described in clause (i) or (ix) of section 48(a)(3)(A) that is
placed in service by the taxpayer after December 31, 2019, provided--
``(A) no election under this paragraph shall be
permitted if the making of such election is prohibited
by, or required by, a State or political subdivision
thereof, by any agency or instrumentality of the United
States, or by a public service or public utility
commission or other similar body of any State or
political subdivision that regulates public utilities
as described in section 7701(a)(33)(A), and
``(B) an election under this paragraph shall be
made separately with respect to each energy property by
the due date (including extensions) of the Federal tax
return for the taxable year in which such property is
placed in service by the taxpayer, and once made, may
be revoked only with the consent of the Secretary.''.
SEC. 126. DEPLOYMENT OF CARBON CAPTURE UTILIZATION AND STORAGE THROUGH
TAX CREDITS.
Section 45Q(d)(1) of the Internal Revenue Code of 1986 is amended
by striking ``January 1, 2024'' and inserting ``December 31, 2029''.
SEC. 127. INNOVATION IN ADVANCED NUCLEAR TECHNOLOGY THROUGH
DEMONSTRATION.
(a) Findings.--Congress finds that--
(1) the national security nuclear enterprise, which
supports the nuclear weapons stockpile stewardship and naval
reactors functions of the National Nuclear Security
Administration, requires a domestic source of low- and high-
enriched uranium due to legal restrictions regarding foreign
obligations relating to the beginning stage of the nuclear fuel
cycle;
(2) many domestic advanced nuclear power industry
participants require access to high-assay, low-enriched uranium
fuel for--
(A) operation of demonstration reactors; and
(B) initial fuel testing;
(C) commercial operation of advanced nuclear
reactors;
(3) as of the date of enactment of this Act, no domestic
uranium enrichment or fuel fabrication capability exists for
uranium fuel enriched to greater than 5 weight percent of the
uranium-235 isotope;
(4) a healthy commercial nuclear fuel cycle capable of
providing higher levels of enriched uranium would benefit--
(A) the relevant national security functions of the
National Nuclear Security Administration; and
(B) the domestic advanced nuclear industry of the
United States; and
(5) making limited quantities of high-assay, low-enriched
uranium available from Department of Energy stockpiles of
uranium would allow for initial fuel testing and demonstration
of advanced nuclear reactor concepts, accelerating--
(A) the path to market of those concepts; and
(B) the development of--
(i) a market for advanced nuclear reactors;
and
(ii) a resulting growing commercial nuclear
fuel cycle capability.
(b) Nuclear Reactor Demonstration Project.--
(1) In general.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by
adding at the end the following:
``SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
``(a) Definitions.--In this section:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel performance;
``(iv) increased tolerance to loss of fuel
cooling;
``(v) enhanced reliability;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling
water;
``(ix) the ability to integrate into
electric applications and nonelectric
applications;
``(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity; and
``(xi) operational flexibility to respond
to changes in demand for electricity and to
complement integration with intermittent
renewable energy; or
``(B) a nuclear fusion reactor.
``(2) Demonstration project.--The term `demonstration
project' means an advanced nuclear reactor operated--
``(A) as part of the power generation facilities of
an electric utility system; or
``(B) in any other manner for the purpose of
demonstrating the suitability for commercial
application of the advanced nuclear reactor for the
generation of electricity or other useful energy
output.
``(b) Purpose.--The purpose of this section is to direct the
Secretary, as soon as practicable after the date of enactment of this
section, to advance the research and development of domestic advanced,
affordable, and clean nuclear energy by--
``(1) demonstrating different advanced nuclear reactor
technologies that could be used by the electric power sector to
produce--
``(A) emission-free power at a levelized cost of
electricity of $60 per megawatt-hour or less;
``(B) heat for community heating, industrial
purposes, or synthetic fuel production;
``(C) remote or off-grid energy supply; or
``(D) backup or mission-critical power supplies;
``(2) developing subgoals for nuclear energy research
programs that would accomplish the goals of the demonstration
projects carried out under subsection (c);
``(3) identifying research areas that the electric power
sector is unable or unwilling to undertake due to the cost of,
or risks associated with, the research; and
``(4) facilitating the access of the electric power
sector--
``(A) to Federal research facilities and personnel;
and
``(B) to the results of research relating to civil
nuclear technology funded by the Federal Government.
``(c) Demonstration Projects.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable--
``(A) complete not fewer than two advanced nuclear
reactor demonstration projects by not later than
December 31, 2030; and
``(B) establish a program to demonstrate not fewer
than two, and not more than five, additional
operational advanced reactor designs by not later than
December 31, 2035.
``(2) Requirements.--In carrying out demonstration projects
under paragraph (1), the Secretary shall--
``(A) include diversity in designs for the advanced
nuclear reactors demonstrated under this section,
including designs using various--
``(i) primary coolants;
``(ii) fuel types and compositions; and
``(iii) neutron spectra;
``(B) seek to ensure that--
``(i) the long-term cost of electricity or
heat for each design to be demonstrated under
this subsection has the capability of being
cost-competitive in the applicable market; and
``(ii) the selected projects can meet the
deadline established in paragraph (1) to
demonstrate first-of-a-kind advanced nuclear
reactor technologies, for which additional
information shall be considered, including--
``(I) the readiness level of a
proposed advanced nuclear reactor
technology;
``(II) the technical abilities and
qualifications of teams desiring to
partner with the Department to
demonstrate a proposed advanced nuclear
reactor technology; and
``(III) the capacity to meet cost-
share requirements of the Department;
``(C) ensure that each evaluation of candidate
technologies for the demonstration projects is
completed through an external review of proposed
designs, which review shall--
``(i) be conducted by a panel that includes
not fewer than 1 representative of each of--
``(I) an electric utility; and
``(II) an entity that uses high-
temperature process heat for
manufacturing or industrial processing,
such as a petrochemical company, a
manufacturer of metals, or a
manufacturer of concrete; and
``(ii) include a review of cost-
competitiveness and other value streams,
together with the technology readiness level,
of each design to be demonstrated under this
subsection;
``(D) enter into cost-sharing agreements with
partners in accordance with section 988 for the conduct
of activities relating to the research, development,
and demonstration of private-sector advanced nuclear
reactor designs under the program;
``(E) work with electric power sector partners to
identify potential sites, including Department-owned
sites, for demonstrations, as appropriate; and
``(F) align specific activities carried out under
demonstration projects carried out under this
subsection with priorities identified through direct
consultations between--
``(i) the Department;
``(ii) National Laboratories;
``(iii) institutions of higher education;
``(iv) traditional end-users (such as
electric utilities);
``(v) potential end-users of new
technologies (such as users of high-temperature
process heat for manufacturing processing,
including petrochemical companies,
manufacturers of metals, or manufacturers of
concrete); and
``(vi) developers of advanced nuclear
reactor technology.
``(3) Additional requirements.--In carrying out
demonstration projects under paragraph (1), the Secretary
shall--
``(A) identify candidate technologies that--
``(i) are not developed sufficiently for
demonstration within the initial required
timeframe described in paragraph (1)(A); but
``(ii) could be demonstrated within the
timeframe described in paragraph (1)(B);
``(B) identify technical challenges to the
candidate technologies identified in subparagraph (A);
``(C) support near-term research and development to
address the highest-risk technical challenges to the
successful demonstration of a selected advanced reactor
technology, in accordance with--
``(i) subparagraph (B); and
``(ii) the research and development
activities under section 958; and
``(D) establish such technology advisory working
groups as the Secretary determines to be appropriate to
advise the Secretary regarding the technical challenges
identified under subparagraph (B) and the scope of
research and development programs to address the
challenges, in accordance with subparagraph (C), to be
comprised of--
``(i) private-sector advanced nuclear
reactor technology developers;
``(ii) technical experts with respect to
the relevant technologies at institutions of
higher education; and
``(iii) technical experts at the National
Laboratories.
``(d) Goals.--
``(1) In general.--The Secretary shall establish goals for
research relating to advanced nuclear reactors facilitated by
the Department that support the objectives of the program for
demonstration projects established under subsection (c).
``(2) Coordination.--In developing the goals under
paragraph (1), the Secretary shall coordinate, on an ongoing
basis, with members of private industry to advance the
demonstration of various designs of advanced nuclear reactors.
``(3) Requirements.--In developing the goals under
paragraph (1), the Secretary shall ensure that--
``(A) research activities facilitated by the
Department to meet the goals developed under this
subsection are focused on key areas of nuclear research
and deployment ranging from basic science to full-
design development, safety evaluation, and licensing;
``(B) research programs designed to meet the goals
emphasize--
``(i) resolving materials challenges
relating to extreme environments, including
extremely high levels of--
``(I) radiation fluence;
``(II) temperature;
``(III) pressure; and
``(IV) corrosion; and
``(ii) qualification of advanced fuels;
``(C) activities are carried out that address near-
term challenges in modeling and simulation to enable
accelerated design and licensing;
``(D) related technologies, such as technologies to
manage, reduce, or reuse nuclear waste, are developed;
``(E) nuclear research infrastructure is maintained
or constructed, such as--
``(i) currently operational research
reactors at the National Laboratories and
institutions of higher education;
``(ii) hot cell research facilities;
``(iii) a versatile fast neutron source;
and
``(iv) a molten salt testing facility;
``(F) basic knowledge of non-light water coolant
physics and chemistry is improved;
``(G) advanced sensors and control systems are
developed; and
``(H) advanced manufacturing and advanced
construction techniques and materials are investigated
to reduce the cost of advanced nuclear reactors.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $300,000,000 for each of fiscal
years 2021 through 2035.''.
(2) Table of contents.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
further amended by inserting after the item relating to section
959 the following:
``Sec. 959A. Advanced nuclear reactor research and development
goals.''.
(3) Conforming amendment.--Section 951(b)(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)(1)) is amended by
striking ``The term'' and inserting ``Except as provided in
section 959A, the term''.
(c) Long-Term Nuclear Power Purchase Agreement Pilot Program.--
(1) In general.--Subtitle B of title VI of the Energy
Policy Act of 2005 (Public Law 109-58) is amended by adding at
the end the following:
``SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
``(a) Establishment.--The Secretary shall establish a pilot program
for a long-term nuclear power purchase agreement.
``(b) Requirements.--In developing the pilot program under this
section, the Secretary shall--
``(1) consult and coordinate with the heads of other
Federal departments and agencies that may benefit from
purchasing nuclear power for a period of longer than 10 years,
including--
``(A) the Secretary of Defense; and
``(B) the Secretary of Homeland Security; and
``(2) not later than December 31, 2023, enter into at least
1 agreement to purchase power from a commercial nuclear reactor
that receives the first license for that reactor from the
Nuclear Regulatory Commission after January 1, 2021.
``(c) Factors for Consideration.--
``(1) In general.--In carrying out this section, the
Secretary shall give special consideration to power purchase
agreements for first-of-a-kind or early deployment nuclear
technologies that can provide reliable and resilient power to
high-value assets for national security purposes or other
purposes as the Secretary determines to be in the national
interest, especially in remote off-grid scenarios or grid-
connected scenarios that can provide capabilities commonly
known as `islanding power capabilities' during an emergency
scenario.
``(2) Effect on rates.--An agreement to purchase power
under this section may be at a rate that is higher than the
average market rate, if the agreement fulfills an applicable
consideration described in paragraph (1).''.
(2) Table of contents.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
further amended by inserting after the item relating to section
639 the following:
``Sec. 640. Long-term nuclear power purchase agreement pilot
program.''.
(d) Nuclear Strategic Plan.--
(1) In general.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) is further amended
by adding at the end the following:
``SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the Committees
on Energy and Commerce and Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate a 10-year strategic plan for the Office of Nuclear Energy of
the Department, in accordance with this section.
``(b) Requirements.--
``(1) Components.--The strategic plan under this section
shall designate--
``(A) programs that support the planned
accomplishment of--
``(i) the goals established under section
959A; and
``(ii) the demonstration programs
identified under subsection (c) of that
section; and
``(B) programs that--
``(i) do not support the planned
accomplishment of demonstration programs, or
the goals, referred to in subparagraph (A); but
``(ii) are important to the mission of the
Office of Nuclear Energy, as determined by the
Secretary.
``(2) Program planning.--In developing the strategic plan
under this section, the Secretary shall specify expected
timelines for, as applicable--
``(A) the accomplishment of relevant objectives
under current programs of the Department; or
``(B) the commencement of new programs to
accomplish those objectives.
``(c) Updates.--Not less frequently than once every 2 years, the
Secretary shall submit to the Committees on Energy and Commerce and
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate an updated
strategic plan in accordance with subsection (b), which shall identify,
and provide a justification for, any major deviation from a previous
strategic plan submitted under this section.''.
(2) Table of contents.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
further amended by inserting after the item relating to section
959A the following:
``Sec. 959B. Nuclear energy strategic plan.''.
SEC. 128. INNOVATION IN CARBON REMOVAL, UTILIZATION, AND STORAGE
THROUGH RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) Carbon Removal.--
(1) In general.--Subtitle F of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
adding at the end the following:
``SEC. 969. CARBON REMOVAL.
``(a) Establishment.--The Secretary, in coordination with the
Secretary of Agriculture, and in consultation with the Secretary of the
Interior and the Administrator of the Environmental Protection Agency,
shall establish a research, development, and demonstration program
(referred to in this section as the `program') to test, validate, or
improve technologies and strategies to remove carbon dioxide from the
atmosphere on a large scale.
``(b) Cross-Cutting Direction.--The Secretary shall ensure that the
program--
``(1) is cross-cutting in nature; and
``(2) includes the coordinated participation of the Office
of Fossil Energy, the Office of Science, and the Office of
Energy Efficiency and Renewable Energy.
``(c) Program Activities.--The program may include research,
development, and demonstration activities relating to--
``(1) direct air capture and storage technologies;
``(2) bioenergy with carbon capture and sequestration;
``(3) enhanced geological weathering;
``(4) agricultural and grazing practices;
``(5) forest management and afforestation;
``(6) conservation and restoration of tidal marshes,
mangroves, and seagrasses; and
``(7) planning and management of other types of natural and
artificial carbon sinks.
``(d) Requirements.--In developing and identifying carbon removal
technologies and strategies under the program, the Secretary shall
consider--
``(1) the potential for carbon removal or reduction on a
gigaton scale;
``(2) the extent to which the carbon storage can be made
permanent;
``(3) net greenhouse gas emissions;
``(4) ocean acidification;
``(5) land use changes, including impacts on natural and
managed ecosystems;
``(6) other potential impacts to human health and safety
and the environment;
``(7) commercial viability;
``(8) economic co-benefits; and
``(9) the impacts described in paragraphs (1) through (8)
in both the near-term and the long-term.''.
(2) Technical amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
amended by adding at the end of the items relating to subtitle
F of title IX the following:
``Sec. 969. Carbon removal.''.
(b) Fossil Energy.--Section 961(a) of the Energy Policy Act of 2005
(42 U.S.C. 16291(a)) is amended--
(1) in paragraph (6), by inserting ``, including technology
development to reduce emissions of carbon dioxide and
associated emissions of heavy metals and other toxic substances
within coal combustion residues and gas streams resulting from
fossil fuel use and production'' before the period at the end;
and
(2) by striking paragraph (7) and inserting the following:
``(7) Increasing the export of fossil energy-related
equipment, technology, including carbon removal and utilization
technologies, and services from the United States.
``(8) Developing carbon removal and utilization
technologies, products, and methods that result in net
reductions in greenhouse gas emissions, including direct air
capture and storage, and carbon use and reuse for commercial
application.
``(9) Improving the conversion, use, and storage of carbon
dioxide produced from fossil fuels.''.
(c) Carbon Removal Technology Prize Competition.--
(1) Definitions.--In this subsection:
(A) Dilute media.--The term ``dilute media'' means
media in which the concentration of carbon dioxide is
less than 1 percent by volume.
(B) Prize competition.--The term ``prize
competition'' means the competitive technology prize
competition established under paragraph (2).
(C) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(2) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
establish a competitive technology prize competition to award
prizes for carbon dioxide capture from dilute media.
(3) Requirements.--In carrying out this subsection, the
Secretary, in accordance with section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719),
shall develop requirements for--
(A) the prize competition process; and
(B) monitoring and verification procedures for
projects selected to receive a prize under the prize
competition.
(4) Eligible projects.--To be eligible for a prize awarded
through the prize competition, a project shall--
(A) meet minimum performance standards set by the
Secretary;
(B) meet minimum levels set by the Secretary for
the capture of carbon dioxide from dilute media; and
(C) demonstrate in the application of the project
for a prize--
(i) a design for a promising carbon capture
technology that will--
(I) be operated on a demonstration
scale; and
(II) have the potential to achieve
significant reduction in the
concentration of carbon dioxide in the
atmosphere;
(ii) a successful bench-scale demonstration
of a carbon capture technology; or
(iii) an operational carbon capture
technology on a commercial scale.
(d) Carbon Utilization.--
(1) In general.--Subtitle F of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
adding at the end the following:
``SEC. 969A. CARBON UTILIZATION PROGRAM.
``The Secretary shall establish a program of research, development,
and demonstration for carbon utilization--
``(1) to assess and monitor--
``(A) potential changes in lifecycle carbon dioxide
and other greenhouse gas emissions; and
``(B) other environmental safety indicators of new
technologies, practices, processes, or methods used in
enhanced hydrocarbon recovery as part of the activities
authorized under section 963;
``(2) to identify and assess novel uses for carbon,
including the conversion of carbon oxides for commercial and
industrial products, such as--
``(A) chemicals;
``(B) plastics;
``(C) building materials;
``(D) fuels;
``(E) cement;
``(F) products of coal use in power systems or
other applications; or
``(G) other products with demonstrated market
value;
``(3) to identify and assess carbon capture technologies
for industrial systems; and
``(4) to identify and assess alternative uses for coal that
do not result in the release of carbon dioxide into the
atmosphere, including as inputs for products derived from
carbon engineering, carbon fiber, and coal conversion
methods.''.
(2) Technical amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
amended by adding at the end of the items relating to subtitle
F of title IX the following:
``Sec. 969A. Carbon utilization program.''.
(e) Demonstrating Carbon Capture and Sequestration Technologies for
Electric Generating Facilities.--
(1) In general.--Subtitle F of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
adding at the end the following new section:
``SEC. 969B. DEMONSTRATING CARBON CAPTURE AND SEQUESTRATION
TECHNOLOGIES FOR ELECTRIC GENERATING FACILITIES.
``(a) In General.--The Secretary shall establish a program for
developing and demonstrating carbon capture and sequestration
technologies for reducing the carbon dioxide emissions from new and
existing facilities that burn coal or natural gas to generate
electricity. The primary objective of this demonstration program shall
be to deploy large scale pilot projects and demonstration projects that
will accelerate the development, deployment, and commercialization of
advanced new technologies for the capture and sequestration of carbon
dioxide emissions from coal fired and natural gas-fired electric
generating facilities.
``(b) Deployment of Pilot and Demonstration Projects.--The
Secretary shall provide Federal financial assistance to eligible
project developers to support the deployment of the following:
``(1) Pilot projects.--Large scale pilot projects that test
the effectiveness and performance of carbon capture and
sequestration technologies under representative operating
conditions at coal- and natural gas-fired electric power
systems with a generating capacity of up to 200 megawatts.
``(2) Demonstration projects.--Demonstration projects that
deploy carbon capture and sequestration technologies that have
completed pilot scale testing or the equivalent, as determined
by the Secretary, for demonstrating such technologies on coal
and natural gas fired electric generating facilities that are
greater than 200 megawatts.
``(c) Project Criteria.--To be eligible to receive Federal
financial assistance under this section, each large-scale pilot project
and demonstration project shall meet specific criteria that the
Secretary may establish by rule or guidance for--
``(1) evaluating the performance, reliability, efficiency,
and cost competitiveness of the technology for reducing carbon
dioxide emissions and limiting other environmental impacts from
the coal fired or natural gas fired electric generating
facilities; and
``(2) gaining the operating data needed to understand the
technical and performance risks of the technology under a wide
range of representative operating conditions before the
application of the technology at full commercial scale.
``(d) Cost-Sharing.--Each project shall be funded--
``(1) through a cost-share arrangement that the Secretary
may establish between the Department of Energy and the
developer of the project, as authorized under section 988(b)
for large-scale pilot projects and section 988(c) for
demonstration projects; or
``(2) under subtitle A of title I of the Clean Energy
Innovation and Deployment Act of 2020.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of the fiscal years 2021 through 2050.''.
(2) Clerical amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
amended by adding at the end of the items relating to subtitle
F of title IX the following:
``Sec. 969B. Demonstrating carbon capture and sequestration
technologies for electric generating
facilities.''.
SEC. 129. DEPLOYMENT OF ELECTRIC GRID MODERNIZATION THROUGH GRANTS.
(a) Deployment of Grid Modernization Projects Through Grants.--The
Secretary of Energy shall establish a program to provide financial
assistance to eligible partnerships to carry out projects related to
the modernization of the electric grid, including--
(1) projects for the deployment of technologies to improve
monitoring of, advanced controls for, and prediction of
performance of, the electricity distribution system; and
(2) projects related to transmission system
interconnections, and other transmission system issues.
(b) Eligible Projects.--Projects for which an eligible partnership
may receive financial assistance under subsection (a) shall--
(1) be designed to--
(A) improve the siting, construction, resiliency,
performance, or efficiency of the electric grid, while
ensuring the continued provision of safe, secure,
reliable, and affordable power; or
(B) deploy a new product or technology that could
be used by or for the benefit of customers of an
electric utility; and
(2) demonstrate--
(A) secure integration and management of energy
resources, including through distributed energy
generation, combined heat and power, microgrids, energy
storage, electric vehicles, smart buildings, energy
efficiency, or demand response; or
(B) secure integration and interoperability of
communications and information technologies related to
the electric grid.
(c) Cybersecurity Plan.--Each project carried out with financial
assistance provided under subsection (a) shall include the development
of a cybersecurity plan written in accordance with guidelines developed
by the Secretary of Energy.
(d) Privacy Effects Analysis.--Each project carried out with
financial assistance provided under subsection (a) shall include a
privacy effects analysis that evaluates the project in accordance with
the Voluntary Code of Conduct of the Department of Energy, commonly
known as the ``DataGuard Energy Data Privacy Program'', or the most
recent revisions to the privacy program of the Department.
(e) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership consisting of two or more
entities, which--
(A) may include--
(i) any institution of higher education;
(ii) a National Laboratory;
(iii) a State or a local government or
other public body created by or pursuant to
State law;
(iv) an Indian Tribe;
(v) a Federal power marketing
administration; or
(vi) a private entity that develops and
provides grid modernization technology; and
(B) shall include at least one of any of--
(i) an electric utility;
(ii) a Regional Transmission Organization;
or
(iii) an Independent System Operator.
(2) Electric utility.--The term ``electric utility'' has
the meaning given that term in section 3(22) of the Federal
Power Act (16 U.S.C. 796(22)), except that such term does not
include an entity described in subparagraph (B) of such
section.
(3) Federal power marketing administration.--The term
``Federal power marketing administration'' means the Bonneville
Power Administration, the Southeastern Power Administration,
the Southwestern Power Administration, or the Western Area
Power Administration.
(4) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2021 through 2025, to remain available until expended.
SEC. 130. PRIZE COMPETITION FOR ELECTRICITY-RELATED TECHNOLOGIES FOR
REMOTE COMMUNITIES.
(a) Definitions.--In this section:
(1) Prize.--The term ``prize'' means a prize awarded under
the prize competition.
(2) Prize competition.--The term ``prize competition''
means the competition established under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary, in consultation with the
Secretary of Defense, shall establish a competition to award prizes for
technologies that efficiently generate or utilize electricity for use
by homes, businesses, communities, or military installations that are
in remote locations or are not connected to a regional or national
electric grid.
(c) Requirements.--In carrying out this subsection, the Secretary,
in accordance with section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719), shall develop requirements
for--
(1) the prize competition process; and
(2) monitoring and verification procedures for projects
selected to receive a prize.
(d) Eligible Technologies.--The technologies eligible to awarded a
prize shall include--
(1) technologies that generate electricity and can be used
without connection to the electric grid;
(2) technologies that store energy; and
(3) appliances that are highly-efficient in their use of
electricity, including--
(A) lights;
(B) mobile telephone chargers;
(C) computers;
(D) fans;
(E) refrigerators; and
(F) stoves and ovens.
(e) Criteria.--The Secretary shall only award a prize to a
technology determined by the Secretary to--
(1) function properly;
(2) generate no net emissions, or a minimal amount of net
emissions, of greenhouse gases throughout its life cycle;
(3) be affordable, reliable, durable, safe, and protective
of human health and the environment;
(4) be compatible with other technologies relevant to its
functioning, including those which have been or are being
awarded prizes under this section; and
(5) be available for deployment at commercial-scale in
every State, district, commonwealth, territory, and possession
of the United States.
(f) Marketing.--Entities that have been awarded a prize may publish
this fact in marketing the technology that has been awarded the prize.
(g) Annual Competition.--The Secretary shall award 1 or more prizes
within 2 years of the date of enactment of this section and every year
thereafter.
SEC. 131. REPORT TO CONGRESS.
(a) Definition.--In this section, the term ``critical
technologies'' means the technologies identified in sections 111
through 128 of subtitles B and C of this title, including technologies
related to--
(1) electric vehicles;
(2) energy efficient buildings;
(3) solar and wind energy;
(4) energy storage;
(5) nuclear power;
(6) carbon removal, utilization, and storage;
(7) electric grid modernization; and
(8) any other technologies whose deployment the Secretary
may advance through the implementation of this title and the
amendments made by this title.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, the Secretary of Energy, in
consultation with, as appropriate, the heads of other relevant Federal
agencies, State agencies, and relevant stakeholders, shall prepare,
submit to Congress, and make publicly available a report that--
(1) identifies the major risks and benefits associated with
the deployment of critical technologies;
(2) recommends measures for managing the risks identified
in paragraph (1);
(3) analyzes barriers to deployment of critical
technologies, including--
(A) the state of existing research, development,
demonstration, and deployment;
(B) a detailed identification of the foreseeable
technical milestones of the research, development,
demonstration, and deployment described in paragraph
(A);
(C) the projected likelihood of viability at
commercial scale;
(D) access to capital;
(E) adverse environmental impacts;
(F) materials challenges relating to extreme
environments, including--
(i) temperature;
(ii) pressure;
(iii) corrosion;
(iv) seasonality; and
(v) weather events;
(G) geographic barriers; and
(H) economic and other challenges particular to
different regions of the United States;
(4) estimates the amount and form of any financial
assistance, compensation, or incentives needed for wide-scale
deployment of critical technologies;
(5) recommends additional nonregulatory strategies that
could increase the deployment of critical technologies;
(6) identifies appropriate Federal agencies with
capabilities to support State and local efforts towards
deployment of the critical technologies;
(7) identifies all Federal financial assistance programs
relevant to the deployment of the critical technologies and
analyzes the extent to which such programs overlap or are
duplicative; and
(8) evaluates the current architecture of regional electric
grids (including international transmission connections of such
grids) that together comprise the Nation's electric grid, with
respect to--
(A) potential growth in renewable energy
generation, including energy generation from offshore
wind;
(B) potential growth in electricity demand;
(C) retirement of existing electricity generation
assets; and
(D) the range of benefits that interregional
transmission provides.
Subtitle D--Davis-Bacon Compliance
SEC. 141. DAVIS-BACON COMPLIANCE.
(a) In General.--All laborers and mechanics employed on projects
funded directly, or assisted in whole or in part, by this Act shall be
paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of part A of
subtitle II of title 40, United States Code (commonly referred to as
the ``Davis-Bacon Act'').
(b) Authority.--With respect to the labor standards specified in
this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.
TITLE II--ZERO-EMISSION ELECTRICITY STANDARD
SEC. 200. PURPOSE.
The purpose of this title is to accelerate the deployment of zero-
emission electricity technology sufficient to allow the United States
to achieve an affordable, reliable, net-zero-emission electricity
sector by no later than 2050.
Subtitle A--Zero-Emission Electricity Standard
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Affiliate.--The term ``affiliate'' has the meaning
given such term in section 1262 of the Energy Policy Act of
2005 (42 U.S.C. 16451).
(2) Associate company.--The term ``associate company'' has
the meaning given such term in section 1262 of the Energy
Policy Act of 2005 (42 U.S.C. 16451).
(3) Behind-the-meter generation system.--The term ``behind-
the-meter generation system'' means a system of generation of
electric energy that operates on the electric consumer side of
the applicable utility meter.
(4) Beneficial electrification-related reduction.--The term
``beneficial electrification-related reduction'' means the net
reduction of the aggregate greenhouse gas emissions of a retail
electricity supplier and an electric consumer as the result of
the replacement of a power source of the electric consumer that
is not electric energy with electric energy provided by the
retail electricity supplier, including for the purpose of
transportation, space heating, water heating, or industrial
processes.
(5) Carbon dioxide equivalent.--The term ``carbon dioxide
equivalent'' means the number of metric tons of carbon dioxide
emissions with the same global warming potential over a 20-year
period as 1 metric ton of another greenhouse gas, including the
effects of climate-carbon feedbacks for both carbon dioxide and
the other greenhouse gas, as determined in accordance with the
Fifth Assessment Report of the Intergovernmental Panel on
Climate Change. For methane, the global warming potential shall
include the effect of carbon dioxide from methane oxidation in
the atmosphere.
(6) Carbon intensity.--The term ``carbon intensity'' means
the carbon dioxide equivalent emissions associated with the
generation of 1 megawatt-hour of electric energy, as determined
by the Secretary under section 204.
(7) Electric consumer.--The term ``electric consumer'' has
the meaning given such term in section 3 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(8) Federal power marketing administration.--The term
``Federal Power Marketing Administration'' means the Bonneville
Power Administration, the Southeastern Power Administration,
the Southwestern Power Administration, or the Western Area
Power Administration.
(9) Generating unit.--The term ``generating unit'' means a
unit or system of units that--
(A) generates electric energy that is consumed in
the United States;
(B) generates not fewer than 20 megawatt-hours of
electric energy per calendar year; and
(C)(i) delivers electric energy to the electric
grid; or
(ii) in the case of a behind-the-meter generation
system--
(I) delivers electric energy to the
electric grid; or
(II) generates electric energy that is
consumed onsite for a useful purpose other than
for generating electric energy.
(10) Generator.--The term ``generator'' means the owner or
operator of a generating unit.
(11) Greenhouse gas.--The term ``greenhouse gas'' includes
each of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Any hydrofluorocarbon.
(F) Any perfluorocarbon.
(G) Nitrogen trifluoride.
(H) Any fully fluorinated linear, branched, or
cyclic--
(i) alkane;
(ii) ether;
(iii) tertiary amine; or
(iv) aminoether.
(I) Any perfluoropolyether.
(J) Any hydrofluoropolyether.
(K) Any other fluorocarbon, except for a
fluorocarbon with a vapor pressure of less than 1 mm of
Hg absolute at 25 degrees Celsius.
(12) Qualified combined heat and power system.--The term
``qualified combined heat and power system'' means a system
that--
(A) uses the same energy source for the
simultaneous or sequential generation of electric
energy and thermal energy;
(B) produces at least--
(i) 20 percent of the useful energy of the
system in the form of electric energy; and
(ii) 20 percent of the useful energy of the
system in the form of useful thermal energy;
(C) to the extent that the system uses biomass,
uses only qualified renewable biomass; and
(D) operates with an energy efficiency percentage,
as determined in accordance with section 48(c)(3)(C)(i)
of the Internal Revenue Code of 1986, of greater than
60 percent on a year-round basis.
(13) Qualified electricity generation.--
(A) In general.--The term ``qualified electricity
generation'' means the number of megawatt-hours of
electric energy that a generator generates using a
generating unit and--
(i) sells directly or indirectly for use by
electric consumers for purposes other than
resale; or
(ii) that is consumed onsite for a useful
purpose other than for generating electric
energy.
(B) Affiliate sales.--For purposes of calculating
the quantity of electric energy sold by a retail
electricity supplier under this paragraph, the quantity
of electric energy sold--
(i) by an affiliate of the retail
electricity supplier, or an associate company
of the retail electricity supplier, to an
electric consumer (other than to a lessee or
tenant of the affiliate or associate company)
shall be treated as sold by the retail
electricity supplier; and
(ii) by such retail electricity supplier to
an affiliate, lessee, or tenant of the retail
electricity supplier shall not be considered to
be a sale to an electric consumer.
(14) Qualified low-carbon fuel.--
(A) In general.--The term ``qualified low-carbon
fuel'' means a fuel that--
(i) is produced through any process that
significantly limits or avoids greenhouse gas
emissions; and
(ii) does not release greenhouse gas
emissions during combustion.
(B) Inclusion.--The term ``qualified low-carbon
fuel'' includes, subject to subparagraph (A)--
(i) ammonia; and
(ii) hydrogen.
(15) Qualified renewable biomass.--
(A) In general.--The term ``qualified renewable
biomass'' means--
(i) any crop byproduct, or crop residue,
harvested from actively managed, or fallow,
agricultural land that was cleared before
January 1, 2020, if the harvesting of the
byproduct or residue does not lead to a net
decline in soil organic matter for the
applicable land;
(ii) any cellulose, hemicellulose, or
lignin that is derived from a plant that is
planted for the purpose of being used to
produce energy on land that was, as of January
1, 2020--
(I) cropland, including fallow land
or other land with a cropping history;
(II) a brownfield site (as defined
in section 101(39) of the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9601(39))); or
(III) an abandoned mine site;
(iii) nonhazardous algal or other micro-
crop matter; and
(iv) waste--
(I) that is burned in a qualified
combined heat and power system; and
(II) that is--
(aa) methane captured from
a landfill, an animal
production facility, or a
sewage treatment operation;
(bb) nonhazardous landscape
or right-of-way trimmings;
(cc) vegetative matter
removed from an area located
not more than 200 yards from a
building, residence, or
campground for the purpose of
protecting structures from
wildfire;
(dd) any byproduct of a
wood mill or paper mill
operation, including lignin in
spent pulping liquors, that is
demonstrated to otherwise be
burned for energy onsite;
(ee) plant material removed
for the purposes of invasive or
noxious plant species control;
or
(ff) downed wood from
extreme weather events.
(B) Limit of inclusion of invasive species.--Except
as provided in subparagraph (A)(iv)(II)(ee), the term
``qualified renewable biomass'' does not include any
matter that the Secretary of Agriculture, in
consultation with other Federal or State departments
and agencies the Secretary determines appropriate,
determines is derived from--
(i) a plant that is invasive or noxious; or
(ii) a species or varieties of plants that
are potentially invasive.
(16) Qualified waste-to-energy.--The term ``qualified
waste-to-energy'' means electric energy generated--
(A) from the combustion of--
(i) post-recycled municipal solid waste,
provided such combustion does not result in
emissions of--
(I) an air pollutant for which air
quality criteria has been issued under
section 108 of the Clean Air Act; or
(II) a hazardous air pollutant
listed pursuant to section 112(b) of
the Clean Air Act;
(ii) gas produced from the gasification or
pyrolization of post-recycled municipal solid
waste;
(iii) biogas;
(iv) landfill methane;
(v) animal waste or animal byproducts;
(vi) food waste;
(vii) if diverted from or separated from
other waste out of a municipal waste stream--
(I) paper products that are not
commonly recyclable;
(II) vegetation;
(III) tree trimmings;
(IV) solid-wood yard waste,
pallets, or crates; or
(V) manufacturing and construction
debris; or
(viii) any byproduct of a wood or paper
mill operation, including lignin in spent
pulping liquors; and
(B) at a facility that the Secretary has certified,
within the past 3 years, is in compliance with all
applicable Federal and State environmental permits.
(17) Retail electricity supplier.--The term ``retail
electricity supplier'', as determined for each calendar year,
means an entity in the United States that sold not fewer than
20 megawatt-hours of electric energy to electric consumers for
purposes other than resale during the preceding calendar year.
(18) Sale.--The term ``sale'', when used with respect to
electric energy, has the meaning given such term in section
3(13) of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602(13)).
(19) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(20) State.--Except as otherwise provided in this title,
the term ``State'' means a State of the United States and any
district, commonwealth, territory, or possession of the United
States.
(21) Zero-emission electricity.--The term ``zero-emission
electricity'' means the fraction of the electric energy
generated by a given generating unit whose generation is not
associated with the release of greenhouse gases to the
atmosphere. The number of megawatt-hours of zero-emission
electricity of a given generating unit is equal to the product
obtained by multiplying--
(A) the qualified electricity generation of the
generating unit; by
(B) the extent to which the operation of the
generating unit results in fewer greenhouse gas
emissions than an efficient coal-burning power plant,
which is the number that equals--
(i) 1.0; less
(ii) the quotient obtained by dividing--
(I) the carbon intensity of the
generating unit; by
(II) the carbon intensity of an
efficient coal-burning power plant
(which is 0.82 metric tons of carbon
dioxide per megawatt-hour).
(22) Zero-emission electricity credit.--The term ``zero-
emission electricity credit'' means a credit issued pursuant to
section 204.
SEC. 202. ZERO-EMISSION ELECTRICITY REQUIREMENT.
(a) Zero-Emission Electricity Requirement.--
(1) Credit submission requirement.--Except as otherwise
provided in this section, effective beginning with calendar
year 2022, for each calendar year, not later than June 1 of the
following calendar year, each retail electricity supplier shall
submit to the Secretary a quantity of zero-emission electricity
credits that is equal to--
(A) for each of calendar years 2022 and 2023, the
quantity of zero-emission electricity credits
determined under paragraph (3) for the retail
electricity supplier for such calendar year; and
(B) for calendar year 2024 and each calendar year
thereafter, the average of the quantity of zero-
emission electricity credits determined under paragraph
(3) for the retail electricity supplier for such
calendar year and the two prior calendar years.
(2) Voluntary assignment of compliance obligation by public
power utilities and electric cooperatives.--Any retail
electricity supplier that is an electric cooperative, a State,
or any political subdivision of a State, may elect to enter
into an agreement with another political subdivision of a
State, an electric cooperative that has an obligation to serve
such retail electricity supplier, or a generator to assign any
reporting or compliance obligation under this title to such
other political subdivision of a State, electric cooperative,
or generator. An assignment made under this paragraph shall be
established through a binding agreement executed among the
relevant parties.
(3) Quantity of zero-emission electricity credits.--
(A) In general.--For each calendar year, the
Secretary shall determine a quantity of zero-emission
electricity credits for a retail electricity supplier
that is equal to the product obtained by multiplying--
(i) the total quantity of electric energy,
in megawatt-hours, consumed by electric
consumers of the retail electricity supplier
during the calendar year, that is provided by
the retail electricity supplier or by a behind-
the-meter generation system, as reported under
subsection (b); by
(ii) the minimum percentage of zero-
emission electricity for the calendar year.
(B) Deduction for beneficial electrification.--
(i) Reduction.--In calculating the total
quantity of electric energy consumed by
electric consumers of a retail electricity
supplier under subparagraph (A)(i), the
Secretary shall deduct a quantity, in megawatt-
hours, determined in accordance with clause
(ii) to account for beneficial electrification-
related reductions.
(ii) Determination.--The Secretary shall
make a determination of the quantity of
electric energy, in megawatt-hours, associated
with beneficial electrification-related
reductions for a retail electricity supplier
for a calendar year. Such determination shall
be made on the basis of--
(I) the carbon intensity of the
electric energy sold by the retail
electricity supplier that results in
such beneficial electrification-related
reductions; and
(II) the greenhouse gas emissions
of power sources that are not electric
energy that were replaced with electric
energy provided by the retail
electricity supplier which results in
such beneficial electrification-related
reductions.
(C) System support resource.--For any calendar year
in which a generating unit that is owned by a retail
electricity supplier has been designated a System
Support Resource by the Federal Energy Regulatory
Commission and is thereby required, by an Independent
System Operator or Regional Transmission Organization,
or under a State-regulated resource planning process,
to remain in operation because retirement of the
generating unit would harm the reliability of the
electric energy transmission system, in calculating the
total quantity of electric energy consumed by electric
consumers of the retail electricity supplier under
subparagraph (A)(i), the Secretary shall deduct the
quantity of megawatt-hours of electricity generated by
such generating unit during such calendar year.
(4) Average credit prices.--For each calendar year, the
Secretary shall--
(A) analyze the market for zero-emission
electricity credits in order to determine the average
annual price of zero-emission electricity credits for
the calendar year;
(B) determine whether the average annual price of a
zero-emission electricity credit determined under
subparagraph (A) is less than half of the alternative
compliance payment under subsection (c) for the
calendar year; and
(C) publish the determinations made under
subparagraphs (A) and (B) by not later than January 31
of the year following the calendar year.
(5) Definitions.--In this subsection:
(A) Annual percentage increase.--
(i) Except as provided in clause (ii), the
term ``annual percentage increase'' means, with
respect to a retail electricity supplier, the
product obtained by multiplying--
(I) the difference between 100
percent and the baseline zero-emission
electricity percentage; by--
(II) \1/27\.
(ii) Notwithstanding clause (i), beginning
with calendar year 2025, if the Secretary
determines under paragraph (4) that the average
annual price of a zero-emission electricity
credit for each of the 3 calendar years prior
to a calendar year (in this clause referred to
as ``the applicable calendar year'') is less
than one half of the respective alternative
compliance payment for each of the 3 such prior
calendar years, the annual percentage increase
for the 1 calendar year that begins 4 years
after the end of the applicable calendar year
shall be twice the percentage described in
clause (i).
(B) Baseline zero-emission electricity
percentage.--
(i) In general.--The term ``baseline zero-
emission electricity percentage'' means, with
respect to a retail electricity supplier, the
average percentage of the electric energy
consumed by all electric consumers of the
retail electricity supplier that is zero-
emission electricity during calendar years
2017, 2018, and 2019.
(ii) Election.--For any retail electricity
supplier served by an Independent System
Operator or a Regional Transmission
Organization, or participating in a joint unit
commitment and centralized economic dispatch
system regulated by the Federal Energy
Regulatory Commission, the retail electricity
supplier may elect to set its baseline zero-
emission electricity percentage under clause
(i) on the basis of the zero-emission
electricity and electric energy consumed by
either--
(I) all electric consumers of the
retail electricity supplier; or
(II) all electric consumers served
by the Independent System Operator,
Regional Transmission Organization, or
the applicable joint unit commitment
and centralized economic dispatch
system that serves the retail
electricity supplier.
(iii) Notification of election.--A retail
electricity supplier shall inform the Secretary
of its election under clause (ii) not later
than 180 days after the date of enactment of
this Act.
(C) Minimum percentage of zero-emission
electricity.--The term ``minimum percentage of zero-
emission electricity'' means, with respect to a retail
electricity supplier--
(i) for each of calendar years 2022 and
2023, the baseline zero-emission electricity
percentage;
(ii) for each of calendar years 2024
through 2050, the amount, not to exceed 100
percent, obtained by adding--
(I) the minimum percentage of zero-
emission electricity for the previous
calendar year; and
(II) the annual percentage
increase; and
(iii) for each calendar year after 2050,
100 percent.
(b) Reporting on Behind-the-Meter Generation Systems.--Effective
beginning in calendar year 2022, each retail electricity supplier
serving one or more behind-the-meter generation systems may, not later
than January 1 of each calendar year, submit to the Secretary--
(1) verification of the carbon intensity of behind-the-
meter generation systems connected to the retail electricity
supplier; and
(2) the quantity of electric energy generated by each such
behind-the-meter generation system that is consumed for a
useful purpose by electric consumers served by the retail
electricity supplier.
(c) Alternative Compliance Payments.--A retail electricity supplier
may satisfy the requirements of subsection (a) with respect to a
calendar year, in whole or in part, by submitting to the Secretary, in
lieu of each zero-emission electricity credit that would otherwise be
due, an alternative compliance payment equal to the amount determined
for such calendar year in accordance with the following table, adjusted
for inflation:
------------------------------------------------------------------------
Alternative
Calendar year compliance
payment
------------------------------------------------------------------------
2022....................................................... $20.00
2023....................................................... $21.50
2024....................................................... $23.00
2025....................................................... $24.50
2026....................................................... $26.00
2027....................................................... $27.50
2028....................................................... $29.00
2029....................................................... $30.50
2030....................................................... $32.00
2031....................................................... $33.50
2032....................................................... $35.00
2033....................................................... $36.50
2034....................................................... $38.00
2035....................................................... $39.50
2036....................................................... $41.00
2037....................................................... $42.50
2038....................................................... $44.00
2039....................................................... $45.50
2040....................................................... $47.00
2041....................................................... $48.50
2042....................................................... $50.00
2043....................................................... $51.50
2044....................................................... $53.00
2045....................................................... $54.50
2046....................................................... $56.00
2047....................................................... $57.50
2048....................................................... $59.00
2049....................................................... $60.50
2050 and each calendar year thereafter..................... $62.00.
------------------------------------------------------------------------
(d) Determination of Inadequate Availability of Zero-Emission
Electricity Technology.--
(1) Petition for determination.--A retail electricity
supplier (referred to in this subsection as the ``petitioner'')
may submit to the Secretary a petition for the Secretary to
make a determination of inadequate availability of technology
relating to zero-emission electricity with respect to a
calendar year.
(2) Conditions.--The Secretary shall make an affirmative
determination under paragraph (1) (referred to in this title as
a ``determination of inadequate availability of technology'')
for a calendar year only if--
(A) a petition is submitted to the Secretary by
January 31 of the following calendar year;
(B) the average annual price of zero-emission
electricity credits is equal to or greater than the
alternative compliance payment under subsection (c) for
such calendar year;
(C) the Secretary determines the number of
megawatt-hours of zero-emission electricity that could
have been generated or purchased by the petitioner
using technology that was available during such
calendar year--
(i) at or below the cost per megawatt-hour
of the technology used to generate the
electricity sold by the petitioner in the
previous calendar year; and
(ii) while enabling the petitioner to
operate its system at an adequate level of
reliability; and
(D) the number of megawatt-hours determined under
subparagraph (C) is less than the number of zero-
emission electricity credits the petitioner would be
required to submit under subsection (a).
(3) Credit submission.--Notwithstanding subsection (a)(1),
if the Secretary makes a determination of inadequate
availability of technology for a petitioner for a calendar
year, as described under this subsection, the petitioner shall
not be required to submit for such calendar year more than the
number of zero-emission electricity credits equal to the number
of megawatt-hours determined under paragraph (2)(C).
(4) Carbon mitigation awards.--For the calendar year
identified under paragraph (3), if the Secretary makes one or
more determinations of inadequate availability of technology
under this subsection, the Secretary shall award under section
205(b) an amount of money equal to the sum of--
(A) the total amount paid by retail electricity
suppliers as alternative compliance payments; and
(B) the total amount of the alternative compliance
payments that would have been made by the petitioner or
petitioners but for the determination of inadequate
availability of technology made under paragraph (2).
(e) Exemptions.--(1) A qualified zero-emission electricity taxpayer
that receives a zero-emission electricity acceleration investment
credit for a calendar year under section 45U of the Internal Revenue
Code of 1986, as added by section 301 of this Act, shall not be subject
to the requirements to submit zero-emission electricity credits under
this section for such calendar year and every calendar year thereafter.
(2) An eligible electricity provider that is awarded a grant under
section 302 of this Act for a calendar year shall not be subject to the
requirements to submit zero-emission electricity credits under this
section for such calendar year and every calendar year thereafter, as
long as the condition described under section 302(a)(1) continues to be
met.
SEC. 203. ZERO-EMISSION ELECTRICITY CREDIT TRADING PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a zero-emission
electricity credit trading program under which--
(1) the Secretary shall record, track, auction, and
transfer zero-emission electricity credits; and
(2) a generator to whom such zero-emission electricity
credits are issued may sell or otherwise transfer those
credits, as provided or allowed by applicable contracts,
through--
(A) any auction established under the zero-emission
electricity credit trading program;
(B) direct sales; or
(C) other transactional arrangements that sell
electric energy or generating capacity either
separately or combined with the transfer of zero-
emission electricity credits, including transactions
that pair zero-emission electricity credits with the
demand of the retail electricity supplier.
(b) Administration.--In carrying out the program under this
section, the Secretary shall ensure that a zero-emission electricity
credit may be--
(1) submitted only once under section 202(a); and
(2) only purchased by, transferred to, or otherwise secured
by a retail electricity supplier.
(c) Delegation of Market Function.--
(1) In general.--In carrying out the program under this
section, the Secretary may delegate, to one or more appropriate
entities--
(A) the administration of a transparent national
market for the sale or trade of zero-emission
electricity credits; and
(B) the tracking of dispatch of zero-emission
electricity generation.
(2) Administration.--In making a delegation under paragraph
(1), the Secretary shall ensure that the tracking and reporting
of information concerning the dispatch of zero-emission
electricity generation is transparent, verifiable, and
independent of any interests subject to an obligation under
this title.
(d) Banking of Zero-Emission Electricity Credits.--A zero-emission
electricity credit may be used for compliance with the requirements of
section 202 for--
(1) the calendar year for which the zero-emission
electricity credit is issued (in this subsection referred to as
``the applicable calendar year''); and
(2)(A) any of the 5 calendar years following the applicable
calendar year, if the Secretary determines under section
202(a)(4) that the average annual price of a zero-emission
electricity credit is equal to or less than one half of the
alternative compliance payment for each of the 3 calendar years
prior to the applicable calendar year; or
(B) if the Secretary has not made the determination
described under subparagraph (A)--
(i) any of the 5 calendar years following the
applicable calendar year, if the applicable calendar
year is any of calendar years 2022 through 2029;
(ii) any of the 4 calendar years following the
applicable calendar year, if the applicable calendar
year is any of calendar years 2030 through 2034;
(iii) any of the 3 calendar years following the
applicable calendar year, if the applicable calendar
year is any of calendar years 2035 through 2039; and
(iv) any of the 2 calendar years following the
applicable calendar year, if the applicable calendar
year is 2040 or any calendar year thereafter.
SEC. 204. DETERMINATION AND ISSUANCE OF QUANTITY OF ZERO-EMISSION
ELECTRICITY CREDITS.
(a) Issuance of Zero-Emission Electricity Credits.--The Secretary
shall issue to each generator a quantity of zero-emission electricity
credits determined in accordance with this section, not later than
March 1 of the calendar year after the calendar year for which the
zero-emission electricity credits are issued.
(b) General Rules on Credit Issuance.--Except as otherwise provided
in this section, the Secretary shall issue to a generator generating
zero-emission electricity during a calendar year a quantity of zero-
emission electricity credits for such generation that is equal to the
product obtained by multiplying--
(1) the qualified electricity generation of the generator
during such calendar year; by
(2) the number that equals--
(A) 1.0; less
(B) the quotient obtained by dividing--
(i) the average carbon intensity of the
generating units of such generator for such
calendar year, as determined in accordance with
subsection (c); by
(ii) 0.82.
(c) General Rules on Determining Carbon Intensity.--Notwithstanding
any other provision of this section, the Secretary shall determine the
carbon intensity of each generating unit of a generator. Such
determination shall be made--
(1) using data and methods from the Air Emission
Measurement Center of the Environmental Protection Agency for
emission testing and monitoring, including--
(A) continuous emission monitoring systems; and
(B) predictive emission monitoring systems; and
(2) with respect to a determination of the carbon intensity
of any generating unit using qualified renewable biomass or
qualified low-carbon fuel, or generating qualified waste-to-
energy, in consultation with--
(A) the Secretary of Agriculture; and
(B) the Secretary of the Interior.
(d) Carbon Intensity for Certain Categories of Generating Units.--
(1) Generating units utilizing technologies without direct
emissions.--The Secretary shall assign a carbon intensity of
zero for any generating unit of a generator that does not
produce direct emissions of any greenhouse gas in generating
electric energy, including any generating unit that generates
electric energy only through the use of solar, wind, ocean,
current, wave, tidal, geothermal, nuclear energy, or hydropower
technology (except as described under paragraph (3)).
(2) Generating units utilizing technologies utilizing
fossil fuels.--
(A) Accounting for upstream greenhouse gas
emissions.--In determining the carbon intensity of each
generating unit using fossil fuel, the Secretary shall
utilize the best available science, including with
respect to the measurement of low-frequency high-
emission events, including data from the detection of
natural gas flaring from the satellite observations of
the National Oceanic and Atmospheric Administration, to
account for--
(i) the carbon dioxide emissions of the
generating unit; and
(ii)(I) the average amounts of carbon
dioxide and methane emissions, in terms of
carbon dioxide equivalent, that occur during
extraction, flaring, processing, and
transportation in the United States of the
fossil fuel consumed by the generator; or
(II) with respect to a generator that the
Secretary determines under subparagraph (B) has
demonstrated that the fossil fuel consumed by
such generator is associated with the release
of smaller amounts of carbon dioxide and
methane emissions than the amounts described in
subclause (I), such smaller amounts.
(B) Determination.--
(i) In general.--The Secretary may
determine that a generator has demonstrated
that the fossil fuel consumed by such generator
is associated with the release of smaller
amounts of carbon dioxide and methane emissions
than the amounts described in subparagraph
(A)(ii)(I) if the generator--
(I) accounts for low-frequency,
high-emission events; and
(II) uses direct measurements of
the applicable facilities, which may
include measurements made in the course
of participation in a voluntary program
or public disclosure of the quantified
methane emission intensity of the
applicable facilities.
(ii) Public availability.--The information
provided to the Secretary by a generator to
make a determination under this subparagraph
shall be available to the public upon such
determination.
(C) Standards.--The Secretary shall promulgate the
standards for measurement necessary to implement
subparagraph (A) not less than 2 years after the date
of enactment of this title and shall update such
standards every 5 years thereafter, based on the best
available science.
(3) Hydropower utilizing a new reservoir.--In determining
the carbon intensity of each generating unit using hydropower
associated with a reservoir constructed after the date of
enactment of this Act, the Secretary shall account for the
greenhouse gas emissions that can be attributed to the
hydropower facility, including the applicable new reservoir.
(e) Quantity of Credits Issued for Certain Categories of Generating
Units.--
(1) Qualified combined heat and power systems.--
(A) In general.--The Secretary shall issue to a
generator generating zero-emission electricity during a
calendar year using a generating unit that is a
qualified combined heat and power system a quantity of
zero-emission electricity credits for such generation
that is equal to--
(i) the product obtained by multiplying--
(I) the number of megawatt-hours of
electric energy generated by the
qualified combined heat and power
system during such calendar year; by
(II) the number that equals--
(aa) 1.0; less
(bb) the quotient obtained
by dividing--
(AA) the carbon
intensity of the
qualified combined heat
and power system; by
(BB) 0.82; less
(ii) the product obtained by multiplying--
(I) the number of megawatt-hours of
electric energy generated by the
qualified combined heat and power
system that are consumed onsite during
such calendar year; by
(II) the average of the minimum
percentage of zero-emission electricity
(as defined in section 202(a)(5)) for
the calendar year for retail
electricity suppliers in the region of
the generator, as determined by the
Secretary.
(B) Additional credits.--In addition to zero-
emission electricity credits issued under subparagraph
(A), the Secretary shall issue to a generator described
in subparagraph (A) zero-emission electricity credits
for greenhouse gas emissions avoided as a result of the
use of the applicable qualified combined heat and power
system, rather than a separate thermal source, to meet
the thermal needs of the generator or one or more
additional entities.
(C) Applicability.--This paragraph shall not apply
with respect to a qualified combined heat and power
system using qualified renewable biomass.
(2) Qualified renewable biomass.--The Secretary shall issue
to a generator generating zero-emission electricity during a
calendar year using qualified renewable biomass a quantity of
zero-emission electricity credits for such generation that is
equal to the product obtained by multiplying--
(A) the qualified electricity generation of the
generator using qualified renewable biomass during such
calendar year; by
(B) the average carbon intensity of the generating
units of the generator that use qualified renewable
biomass.
(3) Qualified waste-to-energy.--The Secretary shall issue
to a generator generating zero-emission electricity during a
calendar year that is qualified waste-to-energy a quantity of
zero-emission electricity credits for such generation that is
equal to the product obtained by multiplying--
(A) the qualified waste-to-energy of the generator
that is qualified electricity generation during such
calendar year; by
(B) the average carbon intensity of the generating
units of the generator used to generate qualified
waste-to-energy.
(4) Qualified low-carbon fuels.--
(A) In general.--Except as provided in subparagraph
(C), the Secretary shall issue to a generator
generating zero-emission electricity during a calendar
year using qualified low-carbon fuels a quantity of
zero-emission electricity credits for such generation
that is equal to the product obtained by multiplying--
(i) the qualified electricity generation of
the generator using qualified low-carbon-fuels
during such calendar year; by
(ii) the average carbon intensity of the
generating units of the generator that use
qualified low-carbon fuels.
(B) Adjustment for production.--In determining the
carbon intensity of each generating unit using a
qualified low-carbon fuel, the Secretary shall account
for the greenhouse gas emissions associated with the
production of such qualified low-carbon fuel.
(C) No double-counting.--The Secretary shall not
issue zero-emission electricity credits for electric
energy generated using a qualified low-carbon fuel that
is generated from electric energy for which a generator
is issued a zero-emission electricity credit under this
title.
(5) Carbon capture, storage, and utilization.--
(A) Definitions.--In this paragraph, the term
``qualified carbon oxide'' has the meaning given the
term in section 45Q of the Internal Revenue Code of
1986.
(B) Quantity of credits.--Except as otherwise
provided in this section, the Secretary shall, with
respect to a given calendar year, issue to a generator
a quantity of zero-emission electricity credits for the
capture and storage or utilization of qualified carbon
oxide from a waste stream of the generator that is
equal to the product obtained by multiplying--
(i) the qualified electricity generation of
the generator during such calendar year; by
(ii) the difference between--
(I) 1.0; and
(II) the quotient obtained by
dividing--
(aa) the carbon intensity
of the generator; by
(bb) 0.82.
(6) Direct air capture of carbon dioxide.--
(A) Quantity of credits.--The Secretary shall issue
to an entity that captures carbon dioxide from the
atmosphere and stores or utilizes such carbon dioxide 1
zero-emission electricity credit for every 0.82 metric
tons of carbon dioxide equivalent that is captured and
stored or utilized.
(B) Special rules.--
(i) Regulations.--Subject to clause (ii),
not later than 1 year after the date of
enactment of this Act, the Secretary shall
promulgate regulations establishing--
(I) the conditions under which
carbon dioxide may be safely and
permanently stored for purposes of
issuing zero-emission electricity
credits under this paragraph;
(II) the methods and processes by
which carbon dioxide may be utilized in
a manner that ensures the removal of
the carbon dioxide safely and
permanently from the atmosphere,
including utilization in the production
of substances, such as plastics and
chemicals; and
(III) requirements to account, in
issuing zero-emission electricity
credits under this section, for the
risk that some fraction of the carbon
dioxide intended for permanent storage
or utilization may nevertheless be
emitted into the atmosphere.
(ii) Existing requirements.--In
promulgating regulations pursuant to this
subparagraph, the Secretary shall incorporate
any existing requirements for the permanent
geologic storage of carbon dioxide, including
any requirements promulgated under section 45Q
of the Internal Revenue Code of 1986.
(f) Maximum Quantity of Credits.--Except as provided under
subsection (e)(1), the total quantity of zero-emission electricity
credits issued under this section to a generator for a calendar year
shall not exceed the number of megawatt-hours of the qualified
electricity generation of the generator for the calendar year.
(g) No Negative Credits.--Notwithstanding any other provision of
this title, the Secretary shall not issue a negative quantity of zero-
emission electricity credits to any generator.
(h) Facilities Outside the United States.--With respect to
electricity generated by a facility or generating unit that is located
outside of the United States, a zero-emission electricity credit may be
issued only with respect to electricity that is sold for resale in the
United States.
(i) Contracts.--A zero-emission electricity credit issued for
electricity that is--
(1) sold for resale under a contract in effect on the date
of enactment of this title shall be issued to the purchasing
retail electricity supplier in proportion to the zero-emission
electricity purchased by such retail electricity supplier under
the contract, unless otherwise provided by the contract; and
(2) sold for resale under a contract in which a generating
unit is not specified, shall be issued to the purchasing retail
electricity supplier in proportion to the ratio of zero-
emission electricity generation from the generator making such
sale for resale.
(j) Federal Power Marketing Administration.--A zero-emission
electricity credit issued for electricity that is generated by a
Federal Power Marketing Administration shall be conveyed to the retail
electricity supplier that is purchasing the electricity.
(k) Recipients of Acceleration Investment Credits.--A qualified
zero-emission electricity taxpayer that receives a zero-emission
electricity acceleration investment credit for a calendar year under
section 45U of the Internal Revenue Code of 1986, as added by section
301 of this Act, shall not be issued any zero-emission electricity
credits under this section after such calendar year.
(l) Recipients of Acceleration Grants.--An eligible electricity
provider that receives a grant during a calendar year under section 302
of this Act shall not be issued any zero-emission electricity credits
under this section after such calendar year.
SEC. 205. CARBON MITIGATION FUND.
(a) Carbon Mitigation Fund.--
(1) Creation of fund.--There is hereby established a trust
fund, to be known as the ``Carbon Mitigation Fund'', consisting
of such amounts as may be appropriated to such fund as provided
in this section.
(2) Administration.--The Carbon Mitigation Fund shall be
administered by the Secretary.
(3) Transfers to trust fund.--There are hereby appropriated
to the Carbon Mitigation Fund each year amounts equal to the
sum of the amounts that are--
(A) attributable to alternative compliance payments
made pursuant to section 202(c);
(B) the alternative compliance payments that would
have been made by any petitioners under section 202(d)
but for a determination of inadequate availability of
technology made by the Secretary under section 202(d);
and
(C) collected as a civil penalty under section 209.
(4) Expenditures.--Amounts in the Carbon Mitigation Fund
shall be available without further appropriation or fiscal year
limitation to carry out the program under subsection (b).
(b) Program.--
(1) In general.--The Secretary shall carry out a program to
award funds to entities to carry out activities in States that
avoid emissions of greenhouse gases or remove carbon dioxide
from the atmosphere.
(2) Activities.--Activities for which the Secretary may
award funds under the program carried out pursuant to this
subsection include--
(A) improvement to the energy efficiency of
existing facilities and devices;
(B) the replacement of natural gas space heaters,
natural gas water heaters, and natural gas stoves, with
electric appliances;
(C) the replacement of fossil fuel-powered vehicles
owned by State and local agencies with electric
vehicles or other low-carbon fuel vehicles;
(D) the replacement of fossil fuel-powered ground
airport and seaport vehicles with electric vehicles or
other low-carbon fuel vehicles;
(E) installation of fast charging stations for
electric vehicles along highways and other public roads
in urban areas and rural areas;
(F) beneficial electrification-related reductions
not otherwise identified in this paragraph;
(G) direct air capture and permanent sequestration
or utilization of carbon dioxide; and
(H) any activity that is endorsed by a generator or
a retail electricity supplier that avoids emissions of
greenhouse gases or removes carbon dioxide from the
atmosphere.
(3) Exclusions.--The Secretary may not award funds to an
entity under the program carried out pursuant to this
subsection for any activity for which the entity has been
issued a zero-emission electricity credit or received a
deduction of megawatt-hours in the calculation under 202(a)(3)
to account for beneficial electrification-related reductions.
(4) Criteria.--The Secretary may only award funds under the
program carried out pursuant to this subsection for an activity
for which the Secretary determines that--
(A) the amount of carbon dioxide emissions avoided
or removed from the atmosphere by the activity will be
adequately confirmed through monitoring, reporting and
verification;
(B) the risk that some amount of the carbon dioxide
that is removed from the atmosphere by the activity may
reenter the atmosphere at a later date is adequately
reflected through a discounting of the amount described
in paragraph (5)(C)(ii);
(C) the risk that some amount of the greenhouse
gases, the emission of which is avoided by the
activity, may enter the atmosphere at a later date is
adequately reflected through a discounting of the
amount described in paragraph (5)(C)(i);
(D) the risk that the activity may directly or
indirectly increase the release of greenhouse gases
from another location has been adequately addressed;
(E) the activity is not required, or being fully
supported financially by, a Federal, State, or local
law, program, or activity; and
(F) if the activity involves land use, the activity
aligns with the Sustainable Development Goals of the
United Nations, including being consistent with the
conservation of biological diversity and natural
ecosystems (including forests and grasslands), and
shall maintain ecosystem services and enhance other
social and environmental benefits.
(5) Proposals.--In order to qualify for an award of funds
under this subsection, an entity shall submit to the Secretary
a proposal that--
(A) describes the activity to be carried out with
the award of funds in a manner specified by the
Secretary;
(B) identifies the amount of money for which the
entity is applying;
(C) identifies the amount, to be measured in one-
year increments, of--
(i) greenhouse gas emissions to be avoided
by the activity, measured in terms of carbon
dioxide equivalent; or
(ii) carbon dioxide to be removed from the
atmosphere by the activity, measured in metric
tons;
(D) identifies the bid amount, expressed as dollars
per metric ton, which shall be the quotient obtained by
dividing the amount identified under subparagraph (B)
by the amount identified under subparagraph (C);
(E) provides any information required by the
Secretary in order to make a determination described in
paragraph (4); and
(F) provides any other certifications the Secretary
determines appropriate.
(6) Deadlines.--
(A) Solicitation.--Not later than February 1, 2024,
and each February 1 thereafter, the Secretary shall
solicit proposals for activities described in paragraph
(1) for which the Secretary may award funds under the
program carried out pursuant to this subsection.
(B) Identification.--Not later than June 1, 2024,
and each June 1 thereafter, the Secretary shall
identify proposals that have been submitted by March 1
of such calendar year for activities described in
paragraph (1) that qualify for an award of funds under
the program carried out pursuant to this subsection.
(C) Award of funds.--Not later than August 1, 2024,
and each August 1 thereafter, the Secretary shall award
to entities funds available in the Carbon Mitigation
Fund established under section 9512 of the Internal
Revenue Code of 1986 for activities described in
proposals identified under subparagraph (B).
(7) Awards to most cost-effective activities.--The
Secretary shall award funds to entities for activities
described in proposals identified under paragraph (6)(B)--
(A) beginning by awarding funds to the entity
submitting such a proposal with the lowest bid amount
identified pursuant to paragraph (5)(D); and
(B) then awarding funds to entities sequentially by
entity submitting such a proposal with the next lowest
bid amount so identified until all funds are awarded.
(c) Consultation.--The Secretary shall consult with the Secretary
of the Interior, the Secretary of Agriculture, and the Administrator of
the Environment Protection Agency in promulgating regulations to
measure, monitor, and verify any natural sequestration activities
awarded under this section.
SEC. 206. STATE PROGRAMS.
(a) Savings Provision.--
(1) In general.--Except as provided in paragraph (2) and
subject to subsection (b), nothing in this title affects the
authority of a State or a political subdivision of a State to
adopt or enforce any law or regulation relating to--
(A) clean energy or renewable energy; or
(B) the regulation of a retail electricity
supplier.
(2) Federal law.--Except as otherwise provided in this
section, no law or regulation of a State or a political
subdivision of a State may relieve a retail electricity
supplier from compliance with an applicable requirement of this
title.
(b) Coordination.--The Secretary, in consultation with States that
have clean energy programs or renewable energy programs in effect,
shall facilitate, to the maximum extent practicable, coordination
between the implementation of this Act and the relevant State clean
energy program or renewable energy program.
(c) More Stringent State Clean Energy Programs.--
(1) Determination.--
(A) In general.--The Secretary, in consultation
with States that have State clean energy programs or
renewable energy programs in effect, shall determine
whether each such State is implementing a more
stringent State clean energy program.
(B) Deadlines.--The Secretary shall make a
determination under subparagraph (A)--
(i) not later than January 1, 2021, with
respect to a State clean energy or renewable
energy program in effect on the date of
enactment of this Act, and every 5 years
thereafter; and
(ii) not later than 6 months after the date
of the enactment by a State, after the date of
enactment of this Act, of a new or modified
existing clean energy or renewable energy
program, and every 5 years thereafter.
(C) Period.--A determination under this paragraph
shall be effective until the earlier of--
(i) the date that is 5 years after the date
of the determination; or
(ii) the date on which the Secretary makes
a subsequent determination under this paragraph
with respect to the applicable State program.
(2) Compliance.--If the Secretary determines, under
paragraph (1), that a State has a more stringent State clean
energy program, a retail electricity supplier that is subject
to and in compliance with such more stringent State clean
energy program shall be deemed to be in compliance with the
requirements of this title for the period during which the
determination is effective.
(3) Prohibition against double-counting.--The Secretary, in
consultation with States, shall develop a protocol to ensure
that a zero-emission electricity credit may not be issued under
this title with respect to an amount of electric energy for
which one or more State clean energy credits are issued under,
and used for compliance with, a more stringent State clean
energy program.
(d) Qualified Electricity Generation Eligible in Both State and
Federal Programs.--
(1) Issuance of credit.--In a State that does not have a
more stringent State clean energy program, 1 megawatt-hour of
zero-emission electricity is eligible to be issued both a State
clean energy credit and a zero-emission electricity credit
pursuant to this title.
(2) Retirement of state credits.--Retirement of a State
clean energy credit for a compliance with a State law in a
State that does not have a more stringent State clean energy
program shall not prevent a retail electricity supplier from
submitting a zero-emission electricity credit issued for the
same megawatt-hour of zero-emission electricity for compliance
with this title.
(3) Submission of federal credits.--Submission of a zero-
emission electricity credit for compliance with this title
shall not prevent a retail electricity supplier from retiring a
State clean energy credit issued for the same megawatt-hour of
qualified electricity generation for compliance with a State
law.
(e) Definitions.--In this section:
(1) State clean energy credit.--The term ``State clean
energy credit'' means a certificate corresponding to the
electricity generated from renewable or other zero-emission
electricity sources that is issued under a law enacted by a
State.
(2) More stringent state clean energy program.--The term
``more stringent State clean energy program'' means a law of a
State that--
(A) is determined by the Secretary to require each
retail electricity supplier in the State, during the
period described under subsection (c)(1)(C), to--
(i) obtain State clean energy credits
representing an aggregate number of megawatt-
hours of zero-emission electricity that is
larger than the number of zero-emission
electricity credits the retail electricity
supplier would otherwise be required to submit
under section 202; or
(ii) generate a percentage of zero-emission
electricity that is greater than the percentage
that would be required of the retail
electricity supplier under section 202; and
(B) includes compliance mechanisms, including the
imposition of penalties, that are at least as effective
in enforcing compliance as the system of enforcement
under this title.
SEC. 207. REPORT TO CONGRESS.
Not later than January 1, 2040, the Secretary shall submit a report
to Congress with an evaluation and a forecast of the remaining barriers
to achieving generation of electric energy with no emissions of carbon
dioxide by calendar year 2050.
SEC. 208. INFORMATION COLLECTION.
The Secretary may require any retail electricity supplier,
generator, or other entity that the Secretary determines appropriate,
to submit to the Secretary any information the Secretary determines to
be appropriate to carry out this title.
SEC. 209. CIVIL PENALTIES.
(a) In General.--Subject to subsection (b)--
(1) a retail electricity supplier that fails to meet the
requirements of section 202 shall be subject to a civil penalty
in an amount equal to the product obtained by multiplying--
(A) the aggregate quantity of zero-emission
electricity credits that the retail electricity
supplier failed to submit for the calendar year to
comply with section 202; by
(B) 300 percent of the amount of alternative
compliance payment for the calendar year, as determined
under section 202(c); and
(2) an entity required to submit information pursuant to
section 208 that violates such section by failing to submit the
information, or submitting false or misleading information,
shall be subject to a civil penalty of $25,000 for each day
during which such violation continues.
(b) Waivers and Mitigation.--
(1) Force majeure.--The Secretary may mitigate or waive a
civil penalty under subsection (a) if the applicable retail
electricity supplier or other entity was unable to comply with
an applicable requirement for reasons outside of the reasonable
control of the retail electricity supplier or other entity.
(2) Reduction for state penalties.--The Secretary shall
reduce the amount of a penalty determined under subsection (a)
by the amount paid by the applicable retail electricity
supplier to a State for failure to comply with the requirement
of a State renewable energy program, if the State requirement
is more stringent than the applicable requirement of this
title.
(c) Procedure for Assessing Penalty.--The Secretary shall assess a
civil penalty under this section in accordance with section 333(d) of
the Energy Policy and Conservation Act (42 U.S.C. 6303(d)).
SEC. 210. REGULATIONS.
(a) In General.--Except as otherwise provided in this title, not
later than 2 years after the date of enactment of this title, the
Secretary shall promulgate regulations to implement this title.
(b) Consultation.--The Secretary shall consult with the
Administrator of the Environmental Protection Agency in promulgating
the regulations to implement this title.
Subtitle B--Methane Regulation
SEC. 211. METHANE REGULATION.
(a) National Goal.--The goal of this section is to reduce steadily
the quantity of methane emissions from the oil and natural gas sector
such that the quantity of methane emissions in calendar year 2030 from
the oil and natural gas sector is at least 90 percent below the
quantity of methane emissions in calendar year 2012 from such sector.
(b) Maintaining Final NSPS Rule.--The Administrator may not repeal,
replace, or amend the final rule entitled ``Oil and Natural Gas Sector:
Emission Standards for New, Reconstructed, and Modified Sources'' as
published by the Environmental Protection Agency in the Federal
Register on June 3, 2016 (81 Fed. Reg. 35,824 et seq.), until
regulations are promulgated pursuant to subsection (c).
(c) Regulations To Meet the National Goal.--
(1) Meeting the national goal.--
(A) Deadline.--Not later than December 31, 2022,
the Administrator shall promulgate final regulations
under section 111 of the Clean Air Act (42 U.S.C. 7411)
to limit methane emissions from the oil and natural gas
sector to achieve the national goal specified in
subsection (a).
(B) Contents.--The regulations required by
subparagraph (A) shall provide for the establishment,
implementation, and enforcement of standards of
performance for limiting emissions of methane from new
sources under section 111(b) of the Clean Air Act (42
U.S.C. 7411(b)), and guidelines for States to
establish, implement, and enforce standards of
performance for existing sources under section 111(d)
of the Clean Air Act (42 U.S.C. 7411(d)). Such
standards of performance shall--
(i) require the application of the best
system of emission reduction to include
application of the best system of venting and
leakage reduction for new and existing natural
gas transmission and distribution pipelines;
and
(ii) apply to new sources, and existing
sources, including--
(I) new sources, and existing
sources, with equipment that handles
liquefied natural gas;
(II) new and existing offshore
petroleum and natural gas production
facilities; and
(III) other petroleum and natural
gas facilities, as determined by the
Administrator.
(2) Covered sources.--The regulations promulgated pursuant
to this subsection shall apply to new sources and existing
sources of methane within every segment of the oil and natural
gas sector.
(d) Public Health and Welfare.--For purposes of section 111 of the
Clean Air Act (42 U.S.C. 7411), methane emissions from the oil and gas
sector are deemed to reasonably be anticipated to endanger public
health or welfare.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Existing source; new source; standard of performance.--
The terms ``existing source'', ``new source'', and ``standard
of performance'', have the meaning given such terms in section
111(a) of the Clean Air Act (42 U.S.C. 7411(a)).
TITLE III--INCENTIVES FOR THE ACCELERATED DEPLOYMENT OF 100-PERCENT
ZERO-EMISSION ELECTRICITY SYSTEM
SEC. 300. PURPOSE.
The purpose of this title is to provide support for any given power
company to accelerate the deployment of a 100-percent zero-emission
electricity generation system as early as possible before 2050.
SEC. 301. ZERO-EMISSION ELECTRICITY ACCELERATION INVESTMENT TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45U. ZERO-EMISSION ELECTRICITY ACCELERATION INVESTMENT CREDIT.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer who is a qualified zero-emission electricity taxpayer, the
zero-emission electricity acceleration investment credit shall be the
applicable percentage of the cost of a qualified zero-emission
electricity generating unit.
``(b) Definitions.--In this section;
``(1) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent in the case of a qualified zero-
emission electricity generating unit that begins to
generate electricity before December 31, 2025,
``(B) 40 percent in the case of a qualified zero-
emission electricity generating unit that begins to
generate electricity before December 31, 2030, and
``(C) 30 percent in the case of a qualified zero-
emission electricity generating unit that begins to
generate electricity before December 31, 2037.
``(2) Generating unit.--The term `generating unit' has the
meaning given such term in section 201 of the Clean Energy
Innovation and Deployment Act of 2020.
``(3) Qualified zero-emission electricity generating
unit.--The term `qualified zero-emission electricity generating
unit' means a generating unit--
``(A) that is placed into service after the date of
enactment of this section, and
``(B) the operation of which does not result in the
release of carbon dioxide into the atmosphere.
``(4) Qualified zero-emission electricity taxpayer.--The
term `qualified zero-emission electricity taxpayer' means, for
a taxable year, a taxpayer who--
``(A) does not own a generating unit that emits
carbon dioxide at any point during such taxable year,
and
``(B) for such taxable year, owns non-emitting
electricity generating units with a generating capacity
that is equal to or greater than the annual average
generating capacity of generating units owned by such
taxpayer during the 5-year period ending on the date of
the enactment of this section.
``(c) Transferability.--
``(1) In general.--If the qualified zero-emission
electricity taxpayer elects to transfer all (or any portion
specified in the election) of the credit determined under this
section for any taxable year with respect to any qualified
facility to an eligible project partner for a specified period,
then, the eligible project partner specified in such election
(and not the taxpayer) shall be treated for purposes of this
title with respect to such credit (or such portion thereof) as
the person producing and selling the electricity to which such
credit (or portion thereof) relates.
``(2) Deduction for payments in connection with transfer.--
There shall be allowed as a deduction under part VI of
subchapter B an amount equal to the amount paid by a taxpayer
as consideration for a transfer described in paragraph (1).
``(3) Eligible project partner.--
``(A) For purposes of this subsection, the term
`eligible project partner' means, with respect to any
qualified facility, any person who--
``(i) has an ownership interest in such
qualified facility,
``(ii) provided equipment for or services
in the construction of such qualified facility,
``(iii) provides electric transmission or
distribution services for such qualified
facility,
``(iv) purchases electricity from such
qualified facility pursuant to a contract, or
``(v) provides financing for such qualified
facility.
``(B) For purposes of subparagraph (A)(v), any
amount paid as consideration for a transfer described
in paragraph (1) shall not be treated as financing of a
qualified facility.
``(4) Taxable year in which credit taken into account.--In
the case of any credit (or portion thereof) with respect to
which an election is made under paragraph (1), such credit
shall be taken into account in the first taxable year of the
eligible project partner ending with, or after, the electing
taxpayer's taxable year with respect to which the credit was
determined.
``(5) Limitations on election.--
``(A) Time for election.--An election under this
subsection to transfer any portion of the credit
allowed under this section shall be made not later than
the due date for the return of tax for the electing
taxpayer's taxable year with respect to which the
credit was determined.
``(B) No further transfers.--No election may be
made under this subsection by a taxpayer with respect
to any portion of the credit allowed under this section
which has been previously transferred to such taxpayer
under this paragraph.
``(C) Treatment of transfer under private use
rules.--For purposes of section 141(b)(1), any benefit
derived by an eligible project partner in connection
with an election under this subsection shall not be
taken into account as a private business use.
``(D) Additional election requirements.--The
Secretary may prescribe such regulations as may be
appropriate to carry out the purposes of this
subsection, including--
``(i) rules for determining which persons
are eligible project partners with respect to
any energy property, and
``(ii) requiring information to be included
in an election under paragraph (1) or imposing
additional reporting requirements.
``(E) Qualified facility.--For purposes of this
section, the term `qualified facility' has the meaning
given in section 45(d).
``(d) Credit Recapture.--If a taxpayer who has been allowed a
credit under this section for any taxable year ceases, in any
subsequent taxable year, to be a qualified zero-emission electricity
taxpayer, such taxpayer's tax under this chapter for such subsequent
taxable year shall be increased by the amount of any credit or credits
previously allocated to such taxpayer under this section (and not
previously recaptured under this subsection).
``(e) Termination.--This section shall apply to taxable years
ending before January 1, 2050.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (32), by striking the period at the
end of paragraph (33) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(34) the zero-emission electricity acceleration
investment credit determined under section 45U.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45U. Zero-emission electricity acceleration investment
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 302. ZERO-EMISSION ELECTRICITY ACCELERATION GRANTS.
(a) In General.--Upon application, the Secretary of Energy shall,
subject to the requirements of this section and the availability of
appropriations for such purpose, provide a grant in an amount specified
under subsection (b) to an eligible electricity provider that--
(1) permanently retires every existing carbon-emitting
generating unit owned by the eligible electricity provider as
of the date that the applicable percentage for the grant begins
to apply under subsection (b)(2); and
(2) places into service one or more qualified zero-emission
electricity generating units that replace the generation
capacity of the carbon-emitting generating units described in
paragraph (1) in sufficient amounts to satisfy the condition
specified in subsection (c).
(b) Grant Amount.--
(1) In general.--The amount of the grant under subsection
(a) with respect to any qualified zero-emission electricity
generating unit shall be the applicable percentage of the cost
of such qualified zero-emission electricity generating unit.
(2) Applicable percentage.--For purposes of paragraph (1),
the term ``applicable percentage'' means--
(A) 50 percent in the case of a qualified zero-
emission electricity generating unit that begins to
generate electricity before December 31, 2025;
(B) 40 percent in the case of a qualified zero-
emission electricity generating unit that begins to
generate electricity before December 31, 2030; and
(C) 30 percent in the case of a qualified zero-
emission electricity generating unit that begins to
generate electricity before December 31, 2037.
(c) Conditions for the Grant.--No grant shall be made under this
section unless the Secretary of Energy determines that the eligible
electricity provider, as of the date that the applicable percentage for
the grant begins to apply under subsection (b)(2), owns generating
units that have an aggregate generation capacity that is not less than
the annualized amount of generation capacity that is owned by such
eligible electricity provider during the 5-year period ending on the
date of the enactment of this section.
(d) Time for Payment of Grant.--The Secretary of Energy shall make
payment of any grant under subsection (a) during the 60-day period
beginning on the later of--
(1) the date of the application for such grant; or
(2) the date the qualified zero-emission electricity
generating units described in subsection (a)(2) for which the
grant is being made are placed into service.
(e) Application of Certain Rules.--In making grants under this
section, the Secretary of Energy shall apply rules similar to the rules
of section 50 of the Internal Revenue Code of 1986 with the exception
of section 50(b)(3) and section 50(b)(4) for an entity described in
section 50(b)(4)(A)(i). In applying such rules, if an eligible
electricity provider acquires a carbon-emitting generating unit after a
grant is made to the eligible electricity provider, the Secretary shall
provide for the recapture of the appropriate percentage of the grant
amount in such manner as the Secretary determines appropriate.
(f) Definitions.--For purposes of this section:
(1) Carbon-emitting generating unit.--The term ``carbon-
emitting generating unit'' means a generating unit the
operation of which results in the release of carbon dioxide to
the atmosphere.
(2) Eligible electricity provider.--The term ``eligible
electricity provider'' means an entity in the United States
that--
(A) owns one or more generating units; and
(B) sells the electricity generated by such
generating units.
(3) Generating unit.--The term ``generating unit'' has the
meaning given such term in section 201 of the Clean Energy
Innovation and Deployment Act of 2020.
(4) Qualified zero-emission electricity generating unit.--
The term ``qualified zero-emission electricity generating
unit'' means a generating unit--
(A) that is placed into service after the date of
enactment of this section; and
(B) the operation of which does not result in the
release of carbon dioxide into the atmosphere.
TITLE IV--LOW-INCOME RATE-PAYER PROTECTION
SEC. 400. PURPOSE.
The purpose of this title is to provide low-income residents
technical and financial assistance to help reduce energy bills,
including by making homes more energy efficient.
SEC. 401. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Reauthorization of Weatherization Assistance Program.--Section
422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is
amended by striking paragraphs (1) through (5) and inserting the
following:
``(1) $350,000,000 for fiscal year 2021;
``(2) $500,000,000 for fiscal year 2022;
``(3) $650,000,000 for fiscal year 2023;
``(4) $800,000,000 for fiscal year 2024; and
``(5) $1,000,000,000 for each of fiscal years 2025 through
2030.''.
(b) Modernizing the Definition of Weatherization Materials.--
Section 412(9)(J) of the Energy Conservation and Production Act (42
U.S.C. 6862(9)(J)) is amended--
(1) by inserting ``, including renewable energy
technologies and other advanced technologies,'' after ``devices
or technologies''; and
(2) by striking ``, after consulting with the Secretary of
Housing and Urban Development, the Secretary of Agriculture,
and the Director of the Community Services Administration''.
(c) Consideration of Health Benefits.--Section 413(b) of the Energy
Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
(1) in paragraph (1), by striking ``Health, Education, and
Welfare'' and inserting ``Health and Human Services'';
(2) in paragraph (2)(A), by striking ``Health, Education,
and Welfare'' and inserting ``Health and Human Services'';
(3) in paragraph (3)--
(A) by striking ``and with the Director of the
Community Services Administration'';
(B) by inserting ``and by'' after ``in carrying out
this part,''; and
(C) by striking ``, and the Director of the
Community Services Administration in carrying out
weatherization programs under section 222(a)(12) of the
Economic Opportunity Act of 1964'';
(4) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(5) by inserting after paragraph (3), the following:
``(4) The Secretary may amend the regulations prescribed under
paragraph (1) to provide that the standards described in paragraph
(2)(A) take into consideration improvements in the health and safety of
occupants of dwelling units, and other nonenergy benefits, from
weatherization.''.
(d) Contractor Optimization.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414B (42 U.S.C. 6864b)
the following:
``SEC. 414C. CONTRACTOR OPTIMIZATION.
``(a) In General.--The Secretary may request that entities
receiving funding from the Federal Government or from a State through a
weatherization assistance program under section 413 or section 414
perform periodic reviews of the use of private contractors in the
provision of weatherization assistance, and encourage expanded use of
contractors as appropriate.
``(b) Use of Training Funds.--Entities described in subsection (a)
may use funding described in such subsection to train private, non-
Federal entities that are contracted to provide weatherization
assistance under a weatherization program, in accordance with rules
determined by the Secretary.''.
(2) Table of contents amendment.--The table of contents for
the Energy Conservation and Production Act is amended by
inserting after the item relating to section 414B the
following:
``Sec. 414C. Contractor optimization.''.
(e) Financial Assistance for WAP Enhancement and Innovation.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414C (as added by
subsection (d) of this section) the following:
``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of dwelling units that are
occupied by low-income persons that receive weatherization
assistance by making such dwelling units weatherization-ready;
``(2) to promote the deployment of zero-emission electric
energy in dwelling units that are occupied by low-income
persons;
``(3) to ensure healthy indoor environments by enhancing or
expanding health and safety measures and resources available to
dwellings that are occupied by low-income persons;
``(4) to disseminate new methods and best practices among
entities providing weatherization assistance; and
``(5) to encourage entities providing weatherization
assistance to hire and retain employees who are individuals--
``(A) from the community in which the assistance is
provided; and
``(B) from communities or groups that are
underrepresented in the home energy performance
workforce, including religious and ethnic minorities,
women, veterans, individuals with disabilities,
individuals who are socioeconomically disadvantaged,
and energy transition workers (as defined in section
511 of the Clean Energy Innovation and Deployment Act
of 2020).
``(b) Financial Assistance.--The Secretary shall, to the extent
funds are made available, award financial assistance, on an annual
basis, through a competitive process to entities receiving funding from
the Federal Government or from a State, tribal organization, or unit of
general purpose local government through a weatherization program under
section 413 or section 414, or to nonprofit entities, to be used by
such an entity--
``(1) with respect to dwelling units that are occupied by
low-income persons, to--
``(A) implement measures to make such dwelling
units weatherization-ready by addressing structural,
plumbing, roofing, and electrical issues, environmental
hazards, or other measures that the Secretary
determines to be appropriate;
``(B) install energy efficiency technologies,
including home energy management systems, smart
devices, technologies that have been awarded a prize
under section 128 of the Clean Energy Innovation and
Deployment Act of 2020, and other technologies the
Secretary determines to be appropriate;
``(C) install renewable energy systems (as defined
in section 415(c)(6)(A)); and
``(D) implement measures to ensure healthy indoor
environments by improving indoor air quality,
accessibility, and other healthy homes measures as
determined by the Secretary;
``(2) to improve the capability of the entity--
``(A) to significantly increase the number of
energy retrofits performed by such entity;
``(B) to replicate best practices for work
performed pursuant to this section on a larger scale;
``(C) to leverage additional funds to sustain the
provision of weatherization assistance and other work
performed pursuant to this section after financial
assistance awarded under this section is expended; and
``(D) to hire and retain employees who are
individuals described subsection (a)(5);
``(3) for innovative outreach and education regarding the
benefits and availability of weatherization assistance and
other assistance available pursuant to this section;
``(4) for quality control of work performed pursuant to
this section;
``(5) for data collection, measurement, and verification
with respect to such work;
``(6) for program monitoring, oversight, evaluation, and
reporting regarding such work;
``(7) for labor, training, and technical assistance
relating to such work;
``(8) for planning, management, and administration (up to a
maximum of 15 percent of the assistance provided); and
``(9) for such other activities as the Secretary determines
to be appropriate.
``(c) Award Factors.--In awarding financial assistance under this
section, the Secretary shall consider--
``(1) the applicant's record of constructing, renovating,
repairing, or making energy efficient single-family,
multifamily, or manufactured homes that are occupied by low-
income persons, either directly or through affiliates,
chapters, or other partners (using the most recent year for
which data are available);
``(2) the number of dwelling units occupied by low-income
persons that the applicant has built, renovated, repaired,
weatherized, or made more energy efficient in the 5 years
preceding the date of the application;
``(3) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(4) the strength of an applicant's proposal to achieve
one or more of the purposes under subsection (a);
``(5) the extent to which such applicant will utilize
partnerships and regional coordination to achieve one or more
of the purposes under subsection (a);
``(6) regional and climate zone diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(d) Applications.--
``(1) Administration.--To be eligible for an award of
financial assistance under this section, an applicant shall
submit to the Secretary an application in such manner and
containing such information as the Secretary may require.
``(2) Awards.--Subject to the availability of
appropriations, not later than 270 days after the date of
enactment of this section, the Secretary shall make a first
award of financial assistance under this section.
``(e) Maximum Amount and Term.--
``(1) In general.--The total amount of financial assistance
awarded to an entity under this section shall not exceed
$2,000,000.
``(2) Technical and training assistance.--The total amount
of financial assistance awarded to an entity under this section
shall be reduced by the cost of any technical and training
assistance provided by the Secretary that relates to such
financial assistance.
``(3) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
``(4) Relationship to formula grants.--An entity may use
financial assistance awarded to such entity under this section
in conjunction with other financial assistance provided to such
entity under this part.
``(f) Requirements.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue requirements to
implement this section, including, for entities receiving financial
assistance under this section--
``(1) standards for allowable expenditures;
``(2) a minimum saving-to-investment ratio; and
``(3) standards for--
``(A) training programs;
``(B) energy audits;
``(C) the provision of technical assistance;
``(D) monitoring activities carried out using such
financial assistance;
``(E) verification of energy and cost savings;
``(F) liability insurance requirements; and
``(G) recordkeeping and reporting requirements,
which shall include reporting to the Office of
Weatherization and Intergovernmental Programs of the
Department of Energy applicable data on each dwelling
unit retrofitted or otherwise assisted pursuant to this
section.
``(g) Compliance With State and Local Law.--Nothing in this section
supersedes or otherwise affects any State or local law, to the extent
that the State or local law contains a requirement that is more
stringent than the applicable requirement of this section.
``(h) Review and Evaluation.--The Secretary shall review and
evaluate the performance of each entity that receives an award of
financial assistance under this section (which may include an audit).
``(i) Annual Report.--The Secretary shall submit to Congress an
annual report that provides a description of--
``(1) actions taken under this section to achieve the
purposes of this section; and
``(2) accomplishments as a result of such actions,
including energy and cost savings achieved.
``(j) Funding.--
``(1) Amounts.--
``(A) In general.--For each of fiscal years 2021
through 2030, of the amount made available under
section 422 for such fiscal year to carry out the
weatherization program under this part (not including
any of such amount made available for Department of
Energy headquarters training or technical assistance),
not more than--
``(i) 2 percent of such amount (if such
amount is $225,000,000 or more but less than
$260,000,000) may be used to carry out this
section;
``(ii) 4 percent of such amount (if such
amount is $260,000,000 or more but less than
$300,000,000) may be used to carry out this
section; and
``(iii) 6 percent of such amount (if such
amount is $300,000,000 or more) may be used to
carry out this section.
``(B) Minimum.--For each of fiscal years 2021
through 2030, if the amount made available under
section 422 (not including any of such amount made
available for Department of Energy headquarters
training or technical assistance) for such fiscal year
is less than $225,000,000, no funds shall be made
available to carry out this section.
``(2) Limitation.--For any fiscal year, the Secretary may
not use more than $25,000,000 of the amount made available
under section 422 to carry out this section.''.
(2) Table of contents.--The table of contents for the
Energy Conservation and Production Act is amended by inserting
after the item relating to section 414C the following:
``Sec. 414D. Financial assistance for WAP enhancement and
innovation.''.
(f) Hiring.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414D (as added by
subsection (e) of this section) the following:
``SEC. 414E. HIRING.
``The Secretary may, as the Secretary determines appropriate,
encourage entities receiving funding from the Federal Government or
from a State through a weatherization program under section 413 or
section 414, to prioritize the hiring and retention of employees who
are individuals described in section 414D(a)(5).''.
(2) Table of contents.--The table of contents for the
Energy Conservation and Production Act is amended by inserting
after the item relating to section 414D the following:
``Sec. 414E. Hiring.''.
(g) Increase in Administrative Funds.--Section 415(a)(1) of the
Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is
amended by striking ``10 percent'' and inserting ``15 percent''.
(h) Amending Reweatherization Date.--Paragraph (2) of section
415(c) of the Energy Conservation and Production Act (42 U.S.C.
6865(c)) is amended to read as follows:
``(2) Dwelling units weatherized (including dwelling units
partially weatherized) under this part, or under other Federal programs
(in this paragraph referred to as `previous weatherization'), may not
receive further financial assistance for weatherization under this part
until the date that is 15 years after the date such previous
weatherization was completed. This paragraph does not preclude dwelling
units that have received previous weatherization from receiving
assistance and services (including the provision of information and
education to assist with energy management and evaluation of the
effectiveness of installed weatherization materials) other than
weatherization under this part or under other Federal programs, or from
receiving non-Federal assistance for weatherization.''.
(i) Annual Report.--Section 421 of the Energy Conservation and
Production Act (42 U.S.C. 6871) is amended by inserting ``the number of
multifamily buildings in which individual dwelling units were
weatherized during the previous year, the number of individual dwelling
units in multifamily buildings weatherized during the previous year,''
after ``the average size of the dwellings being weatherized,''.
(j) Report on Waivers.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit to Congress
a report on the status of any request made after September 30, 2010,
for a waiver of any requirement under section 200.313 of title 2, Code
of Federal Regulations, as such requirement applies with respect to the
weatherization assistance program under part A of title IV of the
Energy Conservation and Production Act (42 U.S.C. 6861 et seq.),
including a description of any such waiver that has been granted and
any such request for a waiver that has been considered but not granted.
SEC. 402. LIHEAP AUTHORIZATION.
Section 2602 of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8621) is amended--
(1) in subsection (b), by striking ``through 2007'' and
inserting ``through 2030''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``through 2004''
and inserting ``through 2030''; and
(B) in paragraph (2), by striking ``through 2004''
and inserting ``through 2030''.
TITLE V--ENERGY WORKFORCE TRANSITION AND TRAINING
SEC. 500. PURPOSES.
The purposes of this title are to provide for a transition to a
modern energy system, including by ensuring that--
(1) the United States has a workforce prepared to address
the needs of the modern energy system;
(2) workers in declining energy sectors and in
disenfranchised communities acquire well-paying jobs in growing
energy sectors; and
(3) communities, especially those that are
disproportionately vulnerable to the impacts of climate change
and other pollution, can be made resilient to the impacts of
climate change.
Subtitle A--State Energy Plans
SEC. 501. STATE ENERGY PLANS.
(a) In General.--Section 362(d) of the Energy Policy and
Conservation Act (42 U.S.C. 6322(d)) is amended--
(1) in paragraph (16), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) a State energy plan developed in accordance with
section 367; and''.
(b) State Energy Plans.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at
the end the following:
``SEC. 367. STATE ENERGY PLANS.
``(a) In General.--The Secretary may provide financial assistance
to a State to develop a State energy plan, for inclusion in a State
energy conservation plan under section 362(d), to provide for--
``(1) the elimination of net greenhouse gas emissions;
``(2) improved air and water quality; and
``(3) conservation of natural resources.
``(b) Contents.--A State developing a State energy plan under this
section shall include in such plan, measures to--
``(1) ensure that the full social cost of carbon pollution
is factored into decision-making associated with electricity
generation and utility investments in energy efficiency and
electric vehicle infrastructure;
``(2) promote investments in a distribution system that
takes advantage of technology advancement and supports reduced
pollution, consumer choice, and a resilient and reliable
system;
``(3) address the need to site transmission lines and new
electricity generating units efficiently;
``(4) evaluate the role of existing resources as part of
utility planning to accelerate the transition to low-cost
carbon emissions reductions;
``(5) engage with regional partners to explore the
potential benefits of regional markets;
``(6) support utility leadership in its efforts to
transition to sources of electricity that result in net zero
greenhouse gas emissions;
``(7) support infrastructure upgrades and smart grid
investments to improve system-wide efficiency;
``(8) support building codes for new and retrofitted
buildings that promote the energy efficiency of buildings and
the electric grid;
``(9) support improved appliance efficiency standards;
``(10) support investments in electric vehicle
infrastructure in ways that will ensure a more efficient grid
and greater adoption of electric vehicles, including in rural
areas;
``(11) support workforce and economic transition planning
for communities impacted by a changing energy landscape, as
informed by the Energy Workforce Transition Plan developed
under section 512 of the Clean Energy Innovation and Deployment
Act of 2020, and the pilot program developed under section 523
of such Act;
``(12) consider the human health and environmental impacts
of energy development and climate change on low-income and
underserved populations, including rural communities,
communities of color, children, the elderly, and sick; and
``(13) develop strategies to support local clean energy
goals facilitating utility-community cooperation and private
sector partnerships.
``(c) Coordination.--In developing a State energy plan under this
section, a State shall coordinate, as appropriate, with--
``(1) State regulatory authorities (as defined in section 3
of the Public Utility Regulatory Policies Act of 1978);
``(2) electric utilities;
``(3) Regional Transmission Organizations (as defined in
section 3 of the Federal Power Act) and Independent System
Operators (as defined in section 3 of the Federal Power Act);
``(4) private entities;
``(5) State agencies, metropolitan planning organizations,
and local governments;
``(6) the Energy Workforce Transition Office established by
section 512 of the Clean Energy Innovation and Deployment Act
of 2020;
``(7) relevant public and private entities; and
``(8) labor organizations, such as those representing
workers in the construction, manufacturing, or energy sectors.
``(d) Technical Assistance.--Upon request of the Governor of a
State, the Secretary shall provide information and technical assistance
in the development, implementation, or revision of a State energy
plan.''.
SEC. 502. AUTHORIZATION OF APPROPRIATIONS.
(a) State Energy Conservation Plans.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as
follows:
``(f) Authorization of Appropriations.--
``(1) State energy conservation plans.--For the purpose of
carrying out this part, there is authorized to be appropriated
$100,000,000 for each of fiscal years 2022 through 2026.
``(2) State energy plans.--In addition to the amounts
authorized under paragraph (1), for the purpose of carrying out
section 367, there is authorized to be appropriated $25,000,000
for each of fiscal years 2022 through 2026.''.
(b) Transportation Electrification.--Section 131 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17011) is amended--
(1) in subsection (b)(6), by striking ``2008 through 2012''
and inserting ``2022 through 2026''; and
(2) in subsection (c)(4), by striking ``2008 through 2013''
and inserting ``2022 through 2026''.
Subtitle B--Energy Workforce Transition
SEC. 511. DEFINITIONS.
In this subtitle:
(1) Advisory committee.--The term ``Advisory Committee''
means the Energy Workforce Transition Advisory Committee
established by section 512(d).
(2) Coal-related facility.--The term ``coal-related
facility'' includes a coal mine or a coal-fueled electric
generating facility.
(3) Coal-related industrial facility.--The term ``coal-
related industrial facility'' includes a facility in the
manufacturing and transportation supply chains of a coal-
related facility.
(4) Director.--The term ``Director'' means the Director of
the Office.
(5) Disproportionately impacted community.--The term
``disproportionately impacted community'' means any community
of color, low-to-middle income community, or indigenous
community that is or has been disproportionately impacted by
energy-related pollution.
(6) Energy transition community.--The term ``energy
transition community'' means a municipality, county, region, or
Indian Tribe that has been affected since calendar year 2008 or
later, or that demonstrates it will be impacted in the next 36
months, by the loss of 50 or more jobs in total as a result of
the closure of a coal-related facility, a coal-related
industrial facility, or another type of energy-related entity,
as determined by the Office.
(7) Energy transition worker.--The term ``energy transition
worker'' means a worker, including workers employed by
contractors or subcontractors, terminated, laid off from
employment, or whose work hours have been reduced, on or after
the date of enactment of this Act, from a coal-related
facility, coal-related industrial facility, or other energy-
related entity.
(8) Energy workforce transition plan.--The term ``Energy
Workforce Transition Plan'' means the plan developed under
section 512(d).
(9) Labor organization.--The term ``labor organization''
has the meaning given such term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(10) Office.--The term ``Office'' means the Energy
Workforce Transition Office established by section 512.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) Wage differential benefit.--The term ``wage
differential benefit'' means the difference between the wages
and other benefits provided by--
(A) a worker's wages and benefits earned in a coal-
related facility, coal-related industrial-facility, or
other energy-related entity on the day before the
worker is terminated, laid off, or given a reduction in
work-hours; and
(B) the worker's current wages and benefits, if
any, after such a termination, lay-off, or reduction in
work-hours.
SEC. 512. ENERGY WORKFORCE TRANSITION OFFICE AND ADVISORY COMMITTEE.
(a) Establishment.--There is hereby established within the
Department of Energy an office to be known as the Energy Workforce
Transition Office.
(b) Exemption From Reorganization.--The Office shall be exempt from
the reorganization authority provided under section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253).
(c) Director.--The Secretary shall appoint as the head of the
Office a Director, who shall manage the operations of the Office.
(d) Duties of the Office.--The duties of the Office shall be to--
(1) identify or estimate, to the extent practicable, with
respect to the period that begins on the date of enactment of
this Act and ends on January 1, 2030--
(A) the timing and location of facility closures
and job terminations or layoffs in coal-related
facilities, coal-related industrial-facilities, and
other energy-related entities; and
(B) the impact of such terminations, layoffs, or
reduced work-hours on affected workers (including those
employed by a contractor or subcontractor), businesses,
and energy transition communities; and
(2) provide administrative, logistical, research, and
policy support and recommendations to the Advisory Committee.
(e) Energy Workforce Transition Advisory Committee.--
(1) Establishment.--There is hereby established an advisory
committee, to be known as the Energy Workforce Transition
Advisory Committee.
(2) Energy workforce transition plan.--
(A) In general.--The Advisory Committee shall
develop and finalize a plan, to be known as the Energy
Workforce Transition Plan.
(B) Purpose.--The purpose of the Energy Workforce
Transition Plan is to identify, align, and streamline
resources to assist workers and communities impacted by
the transition to a clean energy economy.
(C) Public meetings.--In developing the Energy
Workforce Transition Plan, the Advisory Committee shall
hold no less than 4 public meetings in energy-
transition communities, with opportunities for members
of the public to provide input.
(D) Contents.--The Energy Workforce Transition Plan
shall include--
(i) a description of the challenges that
energy transition communities encounter,
including challenges associated with economic
and employment transition, and challenges
particular to certain regions;
(ii) a description of benefits, grants, and
other sources of funding to address the
challenges described under clause (i) that may
be accessed from Federal, State, local, and
other sources without additional legislative
authority or approval;
(iii) a description of sources of funding
to address the challenges described under
clause (i) that require additional legislative
authority or approval;
(iv) recommendations for aligning local,
State, Federal, and other resources to invest
in energy transition communities and energy
transition workers;
(v) recommendations for establishing
benefits for energy transition workers,
including consideration of--
(I) benefits similar in type,
amount, and duration to Federal
benefits that are not otherwise
available to all energy transition
workers;
(II) wage differential benefits for
energy transition workers, including
consideration of eligibility and the
duration of the benefits; and
(III) collaboration with existing
or future employers of energy
transition workers and relevant labor
organizations, to inform energy
transition workers how to apply for
wage differential and other eligible
benefits;
(vi) recommendations for grants and other
programmatic support for energy transition
communities and entities that support energy
transition communities, including--
(I) counties, municipalities,
cities, or other political subdivisions
of a State;
(II) Indian Tribes;
(III) apprenticeships registered
under the Act of August 16, 1937
(commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.),
that meet the requirements of parts 29
and 30 of title 29, Code of Federal
Regulations, as in effect on December
30, 2019;
(IV) institutions of higher
education; and
(V) public or private nonprofit
organizations or associations;
(vii) recommendations for establishing
community transition resource centers in energy
transition communities, in order to provide
such communities a source of current
information regarding the resources described
in this subparagraph;
(viii) identification of the projected
short-term and long-term costs of each activity
recommended in the Energy Workforce Transition
Plan, including worker benefits, grant
programs, and other activities;
(ix) identification of the potential
sources for sustainable short-term and long-
term funding for implementing the activities
recommended in the Energy Workforce Transition
Plan;
(x) the potential advantages or
disadvantages of extending activities
recommended in the Energy Workforce Transition
Plan to other sectors and industries affected
by similar economic disruptions; and
(xi) recommendations, made in consultation
with relevant Federal agencies, including the
Department of Labor, and relevant State
authorities, for efficient implementation of
the activities recommended in the Energy
Workforce Transition Plan.
(E) Report to congress.--Not later than January 1,
2023, the Advisory Committee shall submit to Congress
the Energy Workforce Transition Plan, as well as any
recommendations to be considered in order to better
achieve the plan.
(3) Membership.--The Advisory Committee shall consist of
the following members:
(A) Ex officio members as follows:
(i) A representative of the Department of
Labor.
(ii) A representative of the Economic
Development Administration of the Department of
Commerce.
(iii) A representative of the Executive
Office of the President.
(B) The following members appointed by the
Director:
(i) 4 representatives of energy transition
workers, including at least one from a union
representing coal workers, one from a building
trades union, and one from a union representing
other energy transition workers.
(ii) 3 representatives from energy
transition communities.
(iii) 2 representatives with professional
economic development or workforce retraining
experience.
(iv) 2 representatives of
disproportionately impacted communities.
(v) 2 representatives of electric utilities
that, on the date of enactment of this Act,
operate a coal-related facility.
(4) Term.--Except as otherwise provided in this section,
the term of appointment or designation of a member of the
Advisory Committee shall end on January 1, 2027.
(5) Expenses.--In accordance with section 5703 of title 5,
United States Code, each member of the Advisory Committee may
receive payment of a per diem and reimbursement for actual and
necessary expenses.
(6) Chair.--The Advisory Committee shall elect a chair from
among its members to serve for a term not to exceed 2 years, as
determined appropriate by the Advisory Committee.
(7) Meetings.--The Advisory Committee shall meet at least
once every quarter. The chair of the Advisory Committee may
call such additional meetings as are necessary for the Advisory
Committee, with the Secretary, to develop and submit the
Congress the Energy Workforce Transition Plan.
(8) Engagement of others.--The Advisory Committee may
engage additional nonvoting members or advisors to provide
additional expertise as needed.
SEC. 513. ENERGY WORKFORCE TRANSITION PLANS AND REEMPLOYMENT OF
AFFECTED WORKERS.
(a) Submission.--The owner or operator of an energy-related
facility shall to the extent practicable submit to the Director a
workforce transition plan--
(1) with respect to a coal-fueled electric generating
facility with a capacity of more than 50 megawatts, 12 months
before the closure of the facility;
(2) with respect to a coal mine with a capacity of more
than 4,000,000 short tons of coal per year, 12 months before
the closure of the coal mine; and
(3) with respect to an energy-related facility not
described under paragraph (1) or (2), not later than 60 days
before the closure of the facility.
(b) Contents.--To the extent practicable, a workforce transition
plan submitted under subsection (a) shall include estimates of--
(1) the number of workers, including those employed by a
contractor or subcontractor, employed by the coal-related
facility before the closure of the facility;
(2) the total number of such workers, including those
employed by a contractor or subcontractor, whose employment, as
a result of the closure of the coal-related facility, will--
(A) be retained;
(B) be eliminated; and
(C) be given a reduction in hours;
(3) with respect to the workers, including those employed
by a contractor or subcontractor, whose existing jobs will be
eliminated as a result of the closure of the coal-related
facility, the total number, and the number by job
classification, of workers--
(A) whose employment will end without being offered
other employment;
(B) who will retire as planned, be offered early
retirement, or leave on their own;
(C) who will be retained by being transferred to
other activities under the employment of the owner or
operator; and
(D) who will be retained to continue to work for
the owner or operator in a new job classification;
(4) with respect to the workers, including those employed
by a contractor or subcontractor, whose existing jobs will be
retained during the closure of the coal-related facility, the
total number, and the number by job classification, of workers
who will work on the decommissioning and environmental
remediation of the facility; and
(5) if an owner or operator is replacing a coal-related
facility with a new electric generating facility, the number
of--
(A) workers from the closed coal-related facility
who will be employed at the new electric generating
facility; and
(B) jobs at the new electric generating facility
that will be outsourced to contractors or
subcontractors.
(c) Privacy.--A workforce transition plan submitted under
subsection (a) shall not include information that violates privacy of
workers or confidential business information.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to implement
this subtitle.
Subtitle C--Modern Energy Workforce Development
SEC. 521. DEFINITIONS.
In this subtitle:
(1) Apprenticeship program.--The term ``apprenticeship
program'' means an apprenticeship registered under the Act of
August 16, 1937 (29 U.S.C. 50 et seq.) (commonly known as the
``National Apprenticeship Act''), that meets the requirements
of parts 29 and 30 of title 29, Code of Federal Regulations, as
in effect on December 30, 2019.
(2) Energy transition worker.--The term ``energy transition
worker'' means a worker, including workers employed by
contractors or subcontractors, terminated, laid off from
employment, or whose work-hours have been reduced, on or after
the date of enactment of this Act, from a coal-related
facility, coal-related industrial facility, or other energy-
related entity.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(5) Local educational agency.--The term ``local educational
agency'' means a public board of education or other public
authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public schools in a city, county, township,
school district, or other political subdivision of a State, or
for a combination of school districts or counties as are
recognized in a State as an administrative agency for its
public elementary schools or secondary schools.
(6) Local workforce development board.--The term ``local
workforce development board'' has the meaning given that term
in section 3122 of title 29, United States Code.
(7) Minority institution.--The term ``minority
institution'' has the meaning given that term in section 365(3)
of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)).
(8) Nonprofit organization.--The term ``nonprofit
organization'' means a group organized for purposes other than
generating profit and in which no part of the organization's
income is distributed to its members, directors, or officers.
(9) Pre-apprenticeship.--The term ``pre-apprenticeship''
means, with respect to a program, an initiative or set of
strategies that--
(A) is designed to prepare participants to enter an
apprenticeship program;
(B) is carried out by an eligible sponsor that has
a documented partnership with one or more sponsors of
apprenticeship programs; and
(C) includes each of the following:
(i) Training (including a curriculum for
the training) aligned with industry standards
related to an apprenticeship program and
reviewed and approved annually by sponsors of
the apprenticeship program within the
documented partnership that will prepare
participants by teaching the skills and
competencies needed to enter one or more
apprenticeship programs.
(ii) Hands-on training and theoretical
education for participants that does not
displace a paid employee.
(iii) A formal agreement with a sponsor of
an apprenticeship program that would enable
participants who successfully complete the pre-
apprenticeship program--
(I) to enter into the
apprenticeship program if a place in
the program is available and if the
participant meets the qualifications of
the apprenticeship program; and
(II) to earn credits towards the
apprenticeship program.
SEC. 522. MODERN ENERGY WORKFORCE DEVELOPMENT.
(a) Establishment.--The Secretary of Energy, in consultation with
the Secretary of Labor, shall establish and carry out a comprehensive
and nationwide program (referred to in this section as the ``Program'')
to improve education and training for jobs in energy-related industries
(including manufacturing, engineering, construction, and retrofitting
jobs in energy-related industries) to increase the number of skilled
workers trained to work in energy-related industries with existing or
expected worker shortages.
(b) Workforce Development.--
(1) In general.--In carrying out the Program, the Secretary
shall--
(A) offer available resources to energy transition
workers and underrepresented groups, including
religious and ethnic minorities, women, veterans,
individuals with disabilities, and socioeconomically
disadvantaged individuals, to enter into science,
technology, engineering, and mathematics fields;
(B) offer available resources to institutions of
higher education to equip students with the skills,
training, and technical expertise necessary to fill
existing or expected worker shortages in energy-related
industries;
(C) provide internships, fellowships, and
traineeships at the Department of Energy, including at
National Laboratories;
(D) provide energy workforce-related research
grants and technical assistance to institutions of
higher education, with priority given to minority
institutions;
(E) ensure that internships, fellowships,
traineeships, apprenticeships, and pre-apprenticeships
provide the necessary skills and certifications for
employment in energy-related industries with existing
or expected worker shortages;
(F) ensure that the Program is in alignment with
the Minorities in Energy Initiative of the Department
of Energy;
(G) ensure alignment with other programs that are
carrying out the Minorities in Energy Initiative of the
Department of Energy;
(H) to the maximum extent practicable, collaborate
with and support State workforce development programs
to maximize the efficiency of the Program; and
(I) work with labor organizations and institutions
of higher education to promote pre-apprenticeship as a
pathway to an energy-related career through an
apprenticeship program.
(2) Priority.--In carrying out the Program, the Secretary
shall--
(A) prioritize the education and training of energy
transition workers and underrepresented groups,
including religious and ethnic minorities, women,
veterans, individuals with disabilities, and
socioeconomically disadvantaged individuals for jobs in
energy-related industries, especially construction; and
(B) partner with labor organizations that have
multi-year records of training and supporting energy
transition workers and underrepresented groups to
successful completion of pre-apprenticeship and
apprenticeship programs.
(c) Direct Assistance.--
(1) In general.--In carrying out the Program, the Secretary
shall provide direct assistance (including financial assistance
awards, technical expertise, and guidance) to local educational
agencies, local workforce development boards, institutions of
higher education, nonprofit organizations, labor organizations,
apprenticeship programs, and pre-apprenticeship programs.
(2) Distribution.--The Secretary shall distribute direct
assistance under paragraph (1) in a manner that--
(A) is reflective of the needs of, and demand for
jobs in, an energy-related industry; and
(B) is consistent with the information obtained
under subsections (e)(4) and (j).
(3) Restriction.--In providing financial assistance awards
under paragraph (1) for education and training relating to
construction, eligible entities shall only include
apprenticeship programs, and pre-apprenticeship programs that
have an articulation agreement with one or more apprenticeship
programs.
(d) Resource Center.--The Secretary shall establish an online
resource center--
(1) to maintain and update information and resources on
training programs for jobs in energy-related industries
(including manufacturing, engineering, construction, and
retrofitting jobs in energy-related industries); and
(2) to connect local educational agencies, State
educational agencies, institutions of higher education, local
workforce development boards, State workforce development
boards, nonprofit organizations, labor organizations,
apprenticeship programs and pre-apprenticeship programs that
are working to develop and implement training programs for the
jobs described in paragraph (1) to share resources, approaches,
and best practices.
(e) Collaboration and Report.--In carrying out the Program, the
Secretary shall--
(1) collaborate with local educational agencies,
institutions of higher education, local workforce development
boards, nonprofit organizations, labor organizations,
apprenticeship programs and pre-apprenticeship programs, and
energy-related industries;
(2) facilitate the sharing of best practices and approaches
that best suit local, State, and national needs;
(3) encourage and foster collaboration, mentorship, and
partnership between--
(A) industry partners, local workforce development
boards, nonprofit organizations, labor organizations,
apprenticeship and pre-apprenticeship programs, that
provide effective training programs for jobs in energy-
related industries; and
(B) local educational agencies, State educational
agencies, and institutions of higher education that
seek to establish those programs; and
(4) collaborate with the Secretary of Labor, the
Commissioner of the Bureau of Labor Statistics, the Secretary
of Commerce, the Director of the Bureau of the Census, labor
organizations, and energy-related industries--
(A) to develop a comprehensive and detailed
understanding of the workforce needs of, and job
opportunities in, energy-related industries, by State
and by region; and
(B) to publish an annual report on job creation in
the sectors of energy-related industries identified
under subsection (j).
(f) Best Practices for Educational Institutions.--
(1) In general.--The Secretary, in collaboration with the
Secretary of Education, the Secretary of Commerce, the
Secretary of Labor, and the Director of the National Science
Foundation, shall develop and report best practices for
providing students with skills necessary for jobs in energy-
related industries (including manufacturing, engineering,
construction, and retrofitting jobs in energy-related
industries) to local educational agencies, institutions of
higher education, and apprenticeship programs.
(2) Energy efficiency and community energy resiliency
initiatives.--The Secretary shall develop and provide best
practices for teaching students and the families of those
students about energy efficiency and community energy
resiliency.
(3) Input from industry labor organizations.--In carrying
out paragraphs (1) and (2), the Secretary shall solicit input
from energy-related industries and labor organizations,
especially sectors with existing or expected worker shortages
or expertise in energy efficiency.
(4) STEM education.--In carrying out paragraphs (1) and
(2), the Secretary shall promote education in science,
technology, engineering, and mathematics.
(g) Outreach to Minority Institutions.--In carrying out the
Program, the Secretary shall--
(1) increase the Department of Energy's outreach to
minority institutions;
(2) work with minority institutions to increase the number
of skilled minorities and women qualified for jobs in energy-
related industries (including manufacturing, engineering,
construction, and retrofitting jobs in energy-related
industries);
(3) work with energy-related industries to improve
opportunities for students of minority institutions to
participate in industry internships and cooperative work-study
programs; and
(4) work with the Directors of the National Laboratories to
increase the participation of students from minority
institutions in internships, fellowships, training programs,
and employment at those laboratories.
(h) Outreach to Energy Transition Workers.--The Secretary shall--
(1) work with employers and job trainers, including
apprenticeship and pre-apprenticeship programs, in preparing
energy transition workers for emerging jobs in energy-related
industries (including manufacturing, engineering, construction,
and retrofitting jobs in energy-related industries);
(2) work with energy transition workers to increase the
number of individuals trained for jobs in energy-related
industries (including manufacturing, engineering, construction,
and retrofitting jobs in energy-related industries); and
(3) work with labor organizations and energy-related
industry partners to improve opportunities for energy
transition workers to participate in industry internships,
cooperative work-study programs, apprenticeships, and pre-
apprenticeships.
(i) Enrollment in Training and Apprenticeship and Pre-
Apprenticeship Programs.--The Secretary shall provide assistance to
industry, local workforce development boards, State workforce
development boards, nonprofit organizations, labor organizations, and
apprenticeship programs in identifying students and other candidates,
including energy transition workers and underrepresented groups,
including religious and ethnic minorities, women, veterans, individuals
with disabilities, and socioeconomically disadvantaged individuals, to
enroll in training and apprenticeship programs and pre-apprenticeship
programs for jobs in energy-related industries.
(j) Guidelines To Develop Skills for a Modern Energy Industry
Workforce.--The Secretary shall, in collaboration with energy-related
industries and labor organizations, identify the sectors within each
energy-related industry that have the greatest demand for workers and
develop guidelines for the skills necessary to work in those sectors.
The Secretary shall identify the sectors in consultation with a broad
cross-section of the energy industry, including relevant energy
industry organizations, public and private employers, labor
organizations, postsecondary education institutions, and workforce
development boards.
(k) Rule of Construction.--Nothing in this section authorizes any
department, agency, officer, or employee of the Federal Government to
exercise any direction, supervision, or control over--
(1) the curriculum, program of instruction, or
instructional content of any State, local educational agency,
or school; or
(2) the selection of library resources, textbooks, or other
printed or published instructional materials used by any State,
local educational agency, or school.
SEC. 523. ZERO-EMISSION ECONOMY WORKFORCE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
National Laboratory, business, or labor organization that
demonstrates success in placing graduates of pre-apprenticeship
or apprenticeship programs in jobs relevant to such programs
and--
(A) is directly involved with zero-emission
electricity technology, energy efficiency, or other
activity that results in a reduction in greenhouse gas
emissions, as determined by the Secretary;
(B) works on behalf of a business or labor
organization that is directly involved with zero-
emission electricity technology, energy efficiency, or
other activity that results in a reduction in
greenhouse gas emissions, as determined by the
Secretary;
(C) provides services related to--
(i) zero-emission electricity technology
deployment and maintenance and energy
efficiency;
(ii) grid modernization; or
(iii) reduction in greenhouse gas emissions
through the use of zero-emission energy
technologies;
(D) has knowledge of technician workforce needs of
a National Laboratory or covered facility of the
National Nuclear security Administration and the
associated security requirements of such laboratory or
facility;
(E) demonstrates experience in implementing and
operating apprenticeship programs or pre-apprenticeship
programs that provide a direct pathway to an energy-
related career; or
(F) demonstrates success in placing graduates of
pre-apprenticeship or apprenticeship programs in jobs
relevant to such programs.
(2) National laboratory.--The term ``National Laboratory''
means any of the following laboratories owned by the Department
of Energy:
(A) Ames Laboratory.
(B) Argonne National Laboratory.
(C) Brookhaven National Laboratory.
(D) Fermi National Accelerator Laboratory.
(E) Idaho National Laboratory.
(F) Lawrence Berkeley National Laboratory.
(G) Lawrence Livermore National Laboratory.
(H) Los Alamos National Laboratory.
(I) National Energy Technology Laboratory.
(J) National Renewable Energy Laboratory.
(K) Oak Ridge National Laboratory.
(L) Pacific Northwest National Laboratory.
(M) Princeton Plasma Physics Laboratory.
(N) Sandia National Laboratories.
(O) Savannah River National Laboratory.
(P) Stanford Linear Accelerator Center.
(Q) Thomas Jefferson National Accelerator Facility.
(3) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (b).
(b) Establishment.--The Secretary of Energy, in consultation with
the Secretary of Labor, shall establish a pilot program to provide
competitively awarded cost-shared grants to eligible entities to pay
for on-the-job training of a new or existing employee--
(1) to work in zero-emission electricity generation, energy
efficiency, or grid modernization;
(2) to work otherwise on the reduction of greenhouse gas
emissions; or
(3) to participate in a pre-apprenticeship program that
provides a direct pathway to an energy-related career in
construction through one or more apprenticeship programs.
(c) Grants.--
(1) In general.--An eligible entity desiring a grant under
the pilot program shall submit to the Secretary of Energy an
application at such time, in such manner, and containing such
information as the Secretary of Energy may require.
(2) Priority for targeted communities.--In providing grants
under the pilot program, the Secretary of Energy shall give
priority to an eligible entity that--
(A) recruits employees--
(i) from the one or more communities that
are served by the eligible entity; and
(ii) that are minorities, women, veterans,
individuals from Indian Tribes or Tribal
organizations, or energy transition workers;
(B) provides trainees with the opportunity to
obtain real-world experience; or
(C) has fewer than 100 employees; and
(D) in the case of a pre-apprenticeship program,
demonstrates--
(i) a multi-year record of successfully
recruiting energy transition workers,
minorities, women, and veterans for training
and supporting such individuals to a successful
completion of a pre-apprenticeship program; and
(ii) a successful multi-year record of
placing the majority of pre-apprenticeship
program graduates into apprenticeship programs
in the construction industry.
(3) Use of grant for federal share.--
(A) In general.--An eligible entity shall use a
grant received under the pilot program to--
(i) pay the Federal share of the cost of
providing on-the-job training for an employee,
in accordance with subparagraph (B); or
(ii) in the case of a pre-apprenticeship
program--
(I) recruiting minorities, women,
and veterans for training;
(II) supporting those individuals
in the successful completion of the
pre-apprenticeship program; and
(III) carrying out any other
activity of the pre-apprenticeship
program, as determined to be
appropriate by the Secretary of Labor,
in consultation with the Secretary.
(B) Federal share amount.--The Federal share
described in subparagraph (A)(i) shall not exceed--
(i) in the case of an eligible entity with
20 or fewer employees, 45 percent of the cost
of on-the-job-training for an employee;
(ii) in the case of an eligible entity with
not fewer than 21 employees and not more than
99 employees, 37.5 percent of the cost of on-
the-job-training for an employee;
(iii) in the case of an eligible entity
with not fewer than 100 employees, 25 percent
of the cost of on-the-job-training for an
employee; and
(iv) in the case of an eligible entity that
administers a pre-apprenticeship program, 75
percent of the cost of the pre-apprenticeship
program.
(4) Employer payment of non-federal share.--
(A) In general.--The non-Federal share of the cost
of providing on-the-job training for an employee under
a grant received under the pilot program shall be paid
in cash or in kind by the employer of the employee
receiving the training or by a nonprofit organization.
(B) Inclusions.--The non-Federal share described in
subparagraph (A) may include the amount of wages paid
by the employer to the employee during the time that
the employee is receiving on-the-job training, as
fairly evaluated by the Secretary of Labor.
(5) Construction.--In providing grants under the pilot
program for training, recruitment, and support relating to
construction, eligible entities shall only include pre-
apprenticeship programs that have an articulation agreement
with one or more apprenticeship programs.
(6) Grant amount.--An eligible entity may not receive more
than $1,000,000 per fiscal year in grant funds under the pilot
program.
SEC. 524. UNIVERSITY ZERO-EMISSION ENERGY LEADERSHIP PROGRAM.
(a) Establishment.--
(1) In general.--Subtitle E of title IX of the Energy
Policy Act of 2005 is further amended by adding at the end the
following:
``SEC. 959C. UNIVERSITY ZERO-EMISSION ENERGY LEADERSHIP PROGRAM.
``(a) Establishment.--The Secretary of Energy shall establish a
program, to be known as the `University Zero-Emission Energy Leadership
Program'.
``(b) Use of Funds.--Amounts made available to carry out the
University Zero-Emission Energy Leadership Program--
``(1) shall be used to provide financial assistance for
scholarships, fellowships, and research and development
projects at institutions of higher education in areas relevant
to departmental missions in research, development,
demonstration, and deployment activities for zero-emission
technologies;
``(2) may be used to provide financial assistance to
businesses to offset the costs of a partnership with, or
investments in, institutions of higher education in areas
relevant to departmental missions in research, development,
demonstration, and deployment activities for zero-emission
technologies; and
``(3) may be used to provide financial assistance for a
scholarship, fellowship, or multiyear research and development
project that does not align directly with a departmental
mission, if the activity for which assistance is provided
promotes a zero-emission energy transition.''.
(2) Table of contents.--The table of contents for the
Energy Policy Act of 2005 is further amended by adding after
the item relating to section 959B the following:
``Sec. 959C. University Zero-Emission Energy Leadership Program.''.
(b) Repeal.--The Energy and Water Development and Related Agencies
Appropriations Act, 2009 is amended by striking section 313.
SEC. 525. CLIMATE RESILIENCY CORPS.
(a) Definitions.--In this section:
(1) Energy transition workers.--The term ``energy
transition workers'' means workers, including workers employed
by contractors or subcontractors, terminated, laid off from
employment, or whose work-hours have been reduced, on or after
the date of enactment of this Act, from a coal-related
facility, coal-related industry, or other energy-related
entity.
(2) Members of the reserve components of the armed
forces.--The term ``members of the reserve components of the
Armed Forces'' means members of the--
(A) Army National Guard of the United States;
(B) Army Reserve;
(C) Navy Reserve;
(D) Marine Corps Reserve;
(E) Air National Guard of the United States;
(F) Air Force Reserve; and
(G) Coast Guard Reserve.
(3) Underemployed.--The term ``underemployed'' means
individuals who are employed at less than full-time because
they are unable to obtain full time employment or who are
employed at jobs inadequate to their training or economic
needs.
(4) Veterans of the armed forces.--The term ``veterans of
the Armed Forces'' means a person who served in the active
military, naval, or air service and who was discharged or
released under conditions other than dishonorable.
(b) Establishment.--In order to relieve distress and unemployment
in the United States and to provide for the restoration of depleted
natural resources in the United States and the advancement of an
orderly program of useful public works, the President shall establish
and operate a Climate Resiliency Corps to employ residents of the
United States, who are unemployed or underemployed, in the
construction, maintenance, and carrying out of works of a public nature
in connection with, but not limited to--
(1) coastal restoration, including--
(A) adaptive management;
(B) exposed element relocation, elevation, or
removal;
(C) flood and storm surge barrier;
(D) sea dikes;
(E) seawall or revetment;
(F) spatial planning and integrated coastal zone
management planning;
(G) temporary and demountable flood defenses;
(H) rainwater harvesting;
(I) sustainable urban drainage systems; and
(J) wet and dry proofing;
(2) resilient infrastructure, including--
(A) deployment and management of resilient
transportation and other infrastructure systems;
(B) sustainable urban underground structures
development; and
(C) earthquake resiliency and interaction of above-
and below-ground infrastructure;
(3) natural solutions, including--
(A) restoration of wetlands, mangroves, marshes,
seagrasses, and oyster reefs, and the installation of
living shorelines;
(B) green roofs;
(C) rain gardens;
(D) bioswales;
(E) urban tree canopies; and
(F) permeable pavements; and
(4) other activities that are deemed necessary by the
President, with guidance from the Secretary of Energy, the
Secretary of Agriculture, the Secretary of the Interior, the
Administrator of the Environmental Protection Agency, or other
relevant agency leaders.
(c) Role of Federal Agencies.--To operate the Climate Resiliency
Corps, the President may utilize existing Federal departments and
agencies, including the Department of Labor, the Department of Defense,
the National Guard Bureau, the Department of the Interior, the
Department of Agriculture, the Army Corps of Engineers, the Department
of Transportation, the Department of Energy, the Environmental
Protection Agency, and Federal governmental corporations.
(d) Contract Authority.--(1) For the purpose of carrying out this
section, the President may enter into such contracts or agreements with
States as may be necessary, including provisions for utilization of
existing State administrative agencies.
(2) States entering into such contracts or agreements shall provide
written assurances to the President that all laborers and mechanics
employed by contractors or subcontractors in the performance of
construction work financed in whole or in part with assistance under
this section shall be paid wages at rates not less than those
prevailing on similar work in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
(e) Acquisition of Real Property.--The President, or the head of
any department or agency authorized by the President to construct any
project or to carry on any public works under this Act, may acquire
real property for such project or public work by purchase, donation,
condemnation, or otherwise.
(f) Administration.--
(1) Employment preference.--If the President determines
that amounts appropriated to carry out a Climate Resiliency
Corps under this Act for a fiscal year will be insufficient to
employ all of the citizens of the United States described in
section (b) who are seeking or likely to seek employment in the
Climate Resiliency Corps and continue the employment of current
employees who desire to remain in the Climate Resiliency Corps,
the President shall give priority to the hiring of additional
persons in the Climate Resiliency Corps to--
(A) energy transition workers;
(B) unemployed veterans of the Armed Forces and
unemployed members of the reserve components of the
Armed Forces;
(C) unemployed citizens who have exhausted their
entitlement to unemployment compensation;
(D) unemployed citizens, who immediately before
employment in the Climate Resiliency Corps, are
eligible for unemployment compensation payable under
any State law or Federal unemployment compensation law,
including any additional compensation or extended
compensation under such laws; and
(E) other citizens from minority groups, including,
religious and ethnic minorities, women, and individuals
with disabilities.
(2) Housing and care of employees.--The President may
provide housing for persons employed in the Climate Resiliency
Corps and furnish them with such subsistence, clothing, medical
attendance and hospitalization, and cash allowance, as may be
necessary, during the period they are so employed.
(3) Transportation.--The President may provide for the
transportation of persons employed in the Climate Resiliency
Corps to and from the places of employment.
(4) Non-discrimination.--In employing citizens for the
Climate Resiliency Corps, no discrimination shall occur, in
accordance with Federal employment law, except that no
individual under conviction for crime and serving sentence
therefore shall be employed under the provisions of this Act.
(g) Use of Unobligated Funds Appropriated for Public Works.--
(1) Use of existing funds.--The President may use any
moneys previously appropriated for public works and unobligated
as of the date of the enactment of this Act to establish and
operate a Climate Resiliency Corps under this section.
(2) Use to relieve unemployment.--Not less than 80 percent
of the funds utilized pursuant to this subsection must be used
to provide for the employment of individuals under this
section.
(3) Exceptions.--Paragraph (1) shall not apply to--
(A) unobligated moneys appropriated for public
works on which actual construction has been commenced
as of the date of the enactment of this Act or may be
commenced within 90 days after that date; and
(B) maintenance funds for river and harbor
improvements already allocated as of the date of the
enactment of this Act.
(h) Termination.--The authority of the President to establish and
operate a Climate Resilience Corps under this section expires on
September 30, 2035.
SEC. 526. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
such sums as may be necessary for each of fiscal years 2021 through
2035.
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