[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1512 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1512
To build a clean and prosperous future by addressing the climate
crisis, protecting the health and welfare of all Americans, and putting
the Nation on the path to a net-zero greenhouse gas economy by 2050,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2021
Mr. Pallone (for himself, Mr. Tonko, and Mr. Rush) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Transportation and
Infrastructure, Oversight and Reform, Education and Labor, Ways and
Means, Natural Resources, Armed Services, Foreign Affairs, Science,
Space, and Technology, Intelligence (Permanent Select), and Financial
Services, 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 build a clean and prosperous future by addressing the climate
crisis, protecting the health and welfare of all Americans, and putting
the Nation on the path to a net-zero greenhouse gas economy by 2050,
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.
This Act may be cited as the ``Climate Leadership and Environmental
Action for our Nation's Future Act'' or the ``CLEAN Future Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--NATIONAL CLIMATE TARGET
Subtitle A--National Target
Sec. 101. National goals.
Sec. 102. Federal agency plans.
Sec. 103. Accountability.
Sec. 104. Clean Economy Federal Advisory Committee.
Sec. 105. Recommendations for interim goals.
Sec. 106. Definitions.
Subtitle B--National Academy of Sciences Review
Sec. 111. National Academy of Sciences review.
TITLE II--POWER
Subtitle A--Clean 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--Federal Energy Regulatory Reform
Part 1--Electricity Transmission
Sec. 211. National policy on transmission.
Sec. 212. Review of the effectiveness of policies and incentives to
encourage deployment of advanced
transmission technologies.
Sec. 213. Siting of interstate electric transmission facilities.
Sec. 214. Non-transmission alternatives.
Sec. 215. Office of Transmission.
Sec. 216. Identifying regional transmission needs.
Sec. 217. Interregional transmission planning.
Sec. 218. Transmission siting assistance program.
Part 2--Public Interest and Energy Market Reforms
Sec. 220. Market barriers to clean energy development.
Sec. 220A. Office of Public Participation.
Sec. 220B. Public interest under the Natural Gas Act.
Sec. 220C. Modifications to exercise of the right of eminent domain by
holder of a certificate of public
convenience and necessity.
Subtitle C--Public Utility Regulatory Policies Act Reform
Sec. 221. Consideration of energy storage systems.
Sec. 222. Coordination of programs.
Sec. 223. Promoting consideration and utilization of non-wires
solutions.
Sec. 224. Contract options for qualified facilities.
Sec. 225. Establishment of community solar programs.
Sec. 226. Rural and remote communities electrification grants.
Subtitle D--Electricity Infrastructure Modernization and Resilience
Sec. 230. 21st century power grid.
Sec. 231. Microgrids.
Sec. 232. Strategic transformer reserve program.
Sec. 233. Department of Energy support to repower communities.
Sec. 234. Environmental Protection Agency support to repower
communities.
Sec. 235. Dam safety.
Sec. 236. Clean energy microgrid grant program.
Subtitle E--Clean Electricity Generation
Sec. 241. Distributed energy resources.
Sec. 242. Grant program for solar installations located in, or that
serve, low-income and underserved areas.
Sec. 243. Hydropower licensing and process improvements.
Sec. 244. Long-term nuclear power purchase agreement pilot program.
Sec. 245. Distributed renewable energy.
Sec. 246. Power purchase agreements.
Sec. 247. Hydropower regulatory improvements.
Sec. 248. Study on equitable distribution of benefits of clean energy.
Subtitle F--Low-Income Assistance
Sec. 251. LIHEAP authorization.
TITLE III--EFFICIENCY
Subtitle A--Energy Saving Building Codes
Sec. 301. Energy saving building codes.
Subtitle B--Existing Building Retrofits
Sec. 311. Energy efficient public buildings.
Sec. 312. Grants for energy efficiency improvements and renewable
energy improvements at public school
facilities.
Subtitle C--Promoting Energy Efficiency
Sec. 321. Removing barriers to efficiency.
Sec. 322. Energy Efficiency and Conservation Block Grant Program.
Sec. 323. Nonprofit energy efficiency pilot program.
Sec. 324. Home Wildfire Risk Reduction Rebate Program.
Sec. 325. State energy-efficient appliance rebate program.
Subtitle D--HOPE for HOMES
Sec. 331. Definitions.
Part 1--HOPE Training
Sec. 332. Notice for HOPE Qualification training and grants.
Sec. 333. Course criteria.
Sec. 334. HOPE Qualification.
Sec. 335. Grants.
Sec. 336. Authorization of appropriations.
Part 2--Home Energy Savings Retrofit Rebate Program
Sec. 337. Establishment of Home Energy Savings Retrofit Rebate Program.
Sec. 338. Partial system rebates.
Sec. 339. State administered rebates.
Sec. 340. Special provisions for moderate income households.
Sec. 341. Evaluation reports to Congress.
Sec. 342. Administration.
Sec. 343. Treatment of rebates.
Sec. 344. Authorization of appropriations.
Part 3--General Provisions
Sec. 345. Appointment of personnel.
Sec. 346. Maintenance of funding.
Subtitle E--Investing in State Energy
Sec. 351. Investing in State energy.
Sec. 352. State energy security plans.
Subtitle F--FEMP
Sec. 361. Energy and water performance requirement for Federal
facilities.
Subtitle G--Open Back Better
Sec. 371. Facilities energy resiliency.
Sec. 372. Personnel.
Subtitle H--Benchmarking
Sec. 381. Definitions.
Sec. 382. Commercial and multifamily building benchmarking and
transparency initiative.
Sec. 383. National benchmarking requirement.
Sec. 384. Exemptions and extensions.
Sec. 385. Data transparency and sharing.
Sec. 386. Federal implementation and support.
TITLE IV--TRANSPORTATION
Subtitle A--Greenhouse Gas Pollution Emission Standards
Sec. 401. Transportation carbon management.
Subtitle B--Cleaner Fuels
Sec. 411. Accelerating approval of clean fuels.
Sec. 412. Annual deadline for petitions by small refineries for
exemptions from renewable fuel
requirements.
Sec. 413. Information in petition subject to public disclosure.
Subtitle C--ZEV Vehicle Deployment
Sec. 421. Reauthorization of diesel emissions reduction program.
Sec. 422. Pilot program for the electrification of certain refrigerated
vehicles.
Sec. 423. Clean School Bus Program.
Sec. 424. Clean Cities Coalition Program.
Subtitle D--Zero Emissions Vehicle Infrastructure Buildout
Part 1--Electric Vehicle Infrastructure
Sec. 431. Definitions.
Sec. 432. Electric vehicle supply equipment rebate program.
Sec. 433. Model building code for electric vehicle supply equipment.
Sec. 434. Electric vehicle supply equipment coordination.
Sec. 435. State consideration of electric vehicle charging.
Sec. 436. State energy plans.
Sec. 437. Transportation electrification.
Sec. 438. Federal fleets.
Part 2--Electric Vehicles for Underserved Communities
Sec. 440A. Expanding access to electric vehicles in underserved and
disadvantaged communities.
Sec. 440B. Electric vehicle charging equity program.
Sec. 440C. Ensuring program benefits for underserved and disadvantaged
communities.
Sec. 440D. Definitions.
Part 3--Electric Vehicle Mapping
Sec. 440E. Definitions.
Sec. 440F. Electric vehicle charging station mapping program.
Sec. 440G. Authorization of appropriations.
Subtitle E--Promoting Domestic Advanced Vehicle Manufacturing
Sec. 441. Domestic Manufacturing Conversion Grant Program.
Sec. 442. Advanced technology vehicles manufacturing incentive program.
Subtitle F--Port Electrification and Decarbonization
Sec. 451. Definitions.
Sec. 452. Grants to reduce air pollution at ports.
Sec. 453. Model methodologies.
Sec. 454. Port electrification.
Sec. 455. Authorization of appropriations.
TITLE V--INDUSTRY
Subtitle A--Industrial Technology Development, Demonstration, and
Deployment
Sec. 501. DOE Assistant Secretary for manufacturing and industry.
Sec. 502. Supporting carbon dioxide geologic sequestration.
Sec. 503. Determining reasonable prospect of repayment under title XVII
loan program.
Sec. 504. Clean energy manufacturing grant program.
Subtitle B--Industrial Efficiency
Sec. 511. Smart manufacturing leadership.
Subtitle C--Federal Buy Clean Program
Sec. 521. Definitions.
Sec. 522. Embodied emissions transparency.
Sec. 523. Reports to Congress.
Sec. 524. Establishing buy clean standards for federally funded
infrastructure projects.
Sec. 525. Climate Star program.
Subtitle D--Industrial Efficiency Incentives
Sec. 531. Purposes.
Sec. 532. Sustainable industry rebate program.
Sec. 533. Industrial efficiency working group.
TITLE VI--ENVIRONMENTAL JUSTICE
Subtitle A--Empowering Community Voices
Sec. 601. Definitions.
Sec. 602. Environmental justice community technical assistance grants.
Sec. 603. Interagency Federal Working Group on Environmental Justice.
Sec. 604. Federal agency actions to address environmental justice.
Sec. 605. National Environmental Justice Advisory Council.
Sec. 606. Reducing disproportionate impacts of pollution on
environmental justice communities.
Sec. 607. Ensuring environmental justice in the disposal of hazardous
waste.
Sec. 608. Hazardous release community notification.
Sec. 609. Environmental justice grant programs.
Sec. 610. Environmental justice community solid waste disposal
technical assistance grants.
Sec. 611. Training of employees of Federal agencies.
Sec. 612. Environmental justice basic training program.
Sec. 613. Environmental justice clearinghouse.
Sec. 614. Public meetings.
Sec. 615. Environmental justice community, State, and Tribal grant
programs.
Sec. 616. Public health risks associated with cumulative environmental
stressors.
Sec. 617. Climate Justice Grant Program.
Sec. 618. Office of Energy Equity.
Subtitle B--Restoring Regulatory Protections
Sec. 621. Enhancing underground injection controls for enhanced oil
recovery.
Sec. 622. Ensuring safe disposal of coal ash.
Sec. 623. Safe hydration is an American right in energy development.
Sec. 624. Addressing hazardous air pollution from oil and gas sources.
Sec. 625. Closing loopholes and ending arbitrary and needless evasion
of regulations.
Subtitle C--Infrastructure To Protect Communities
Sec. 631. Climate impacts financial assurance and user fees.
Sec. 632. Brownfields funding.
Sec. 633. Drinking Water SRF funding.
Sec. 634. Drinking water system resilience funding.
Sec. 635. PFAS treatment grants.
Sec. 636. National Priorities List cleanup.
Sec. 637. Lead service line replacement.
Subtitle D--Climate Public Health Protection
Sec. 641. Sense of Congress on public health and climate change.
Sec. 642. Relationship to other laws.
Sec. 643. National strategic action plan and program.
Sec. 644. Advisory board.
Sec. 645. Climate change health protection and promotion reports.
Subtitle E--Public Health Air Quality Infrastructure
Sec. 651. Health emergency air toxics monitoring.
Sec. 652. Community air toxics monitoring.
Sec. 653. Criteria pollutant/NAAQS monitoring network.
Sec. 654. Sensor monitoring.
Sec. 655. Environmental health disparities research grant programs.
Sec. 656. Definitions.
TITLE VII--SUPER POLLUTANTS
Subtitle A--Methane
Sec. 701. Controlling methane emissions from the oil and natural gas
sector.
Sec. 702. Controlling flaring.
Sec. 703. Emerging oil and natural gas greenhouse gas emission
reduction technologies program.
Sec. 704. Improving the natural gas distribution system.
Sec. 705. Grants for composting and anaerobic digestion food waste-to-
energy projects.
Subtitle B--Black Carbon
Sec. 711. Definitions.
Sec. 712. Reduction of black carbon emissions.
TITLE VIII--ECONOMYWIDE POLICIES
Subtitle A--State Climate Plans
Sec. 801. State Climate Plans.
Subtitle B--Clean Energy and Sustainability Accelerator
Sec. 811. Clean Energy and Sustainability Accelerator.
Subtitle C--Clean Energy Workforce
Part 1--Office of Economic Impact, Diversity, and Employment
Sec. 821. Name of office.
Sec. 822. Energy workforce development programs.
Sec. 823. Authorization.
Part 2--Energy Workforce Development
Sec. 824. Energy workforce development.
Sec. 825. Energy workforce grant program.
Sec. 826. Definitions.
Subtitle D--National Security
Sec. 831. Climate change national security strategy.
Sec. 832. Coordination on climate change and national security.
Sec. 833. Federal agency implementation plan.
Sec. 834. Definitions.
Subtitle E--Ensuring Just and Equitable Climate Action
Sec. 841. Worker protections.
Sec. 842. Funding for environmental justice communities.
Subtitle F--Climate Risk Disclosures
Sec. 851. Sense of Congress.
Sec. 852. Disclosures relating to climate change.
Sec. 853. Backstop.
TITLE IX--WASTE REDUCTION
Subtitle A--Clean Air
Sec. 901. Definitions.
Sec. 902. Clean air.
Sec. 903. Environmental justice.
Subtitle B--Product Standards and Producer Responsibility
Sec. 911. Product standards and producer responsibility.
Sec. 912. Federal procurement.
Sec. 913. Task force on extended producer responsibility.
Sec. 914. National Academy of Sciences review.
Subtitle C--Zero-Waste Grants
Sec. 921. Definitions.
Sec. 922. Grants for zero-waste projects.
Sec. 923. Grants for landfill diversion.
Sec. 924. Grant applications.
Sec. 925. Reporting.
Sec. 926. Annual conference.
Sec. 927. Authorization of appropriations.
Subtitle D--Education and Outreach
Sec. 931. Definition of Administrator.
Sec. 932. Consumer recycling education and outreach grant program.
Sec. 933. Electronic waste education and awareness.
Sec. 934. Authorization of appropriations.
Subtitle E--Critical Minerals
Sec. 941. Definitions.
Sec. 942. Grants for battery collection, recycling, and reprocessing.
Sec. 943. Best practices for collection of batteries.
Sec. 944. Voluntary labeling program.
Sec. 945. Task force on battery producer responsibility.
Sec. 946. Task force on wind and solar recycling.
Sec. 947. Studies on disposal and recycling.
Sec. 948. Authorization of appropriations.
TITLE X--WORKER AND COMMUNITY TRANSITION
Sec. 1001. Definitions.
Sec. 1002. Energy and economic transition impact studies.
Sec. 1003. Office of Energy and Economic Transition.
Sec. 1004. Interagency Energy and Economic Transition Task Force.
Sec. 1005. Stakeholder Advisory Committee.
Sec. 1006. Assistance for adversely affected communities.
Sec. 1007. Community-based transition hub program.
TITLE I--NATIONAL CLIMATE TARGET
Subtitle A--National Target
SEC. 101. NATIONAL GOALS.
It is hereby declared that it is--
(1) the national interim goal for the United States to
achieve a minimum of a 50 percent reduction in emissions of
greenhouse gases from 2005 levels by not later than 2030; and
(2) the national goal for the United States to achieve a
100 percent clean economy by not later than 2050.
SEC. 102. FEDERAL AGENCY PLANS.
(a) Plan Development.--The head of each Federal agency shall, in
accordance with this section, develop a plan for actions to be taken by
the Federal agency, consistent with the Federal agency's mission and
exclusively through authorities vested in the Federal agency by
provisions of law other than this Act, to achieve, in combination with
the other Federal agencies, the national interim goal and the national
goal declared by section 101. Each Federal agency's plan shall include
actions that will--
(1) make significant and rapid progress toward meeting such
national interim goal and national goal; and
(2) constitute a substantial change from business-as-usual
policies and practices of such Federal agency.
(b) Actions To Meet Goals.--
(1) In general.--Actions selected by the head of a Federal
agency to include in a plan developed under subsection (a) may
include issuing regulations, providing incentives, carrying out
research and development programs, reducing the greenhouse gas
emissions of such Federal agency itself, increasing the
resilience of such Federal agency's facilities and operations
to climate change impacts and risks, and any other action the
head of the Federal agency determines appropriate to achieve
the national interim goal and the national goal declared by
section 101.
(2) Selection.--In selecting actions to include in a plan
developed under subsection (a), the head of each Federal agency
shall select actions designed to--
(A) improve public health, resilience, and
environmental outcomes, especially for rural and low-
income households, communities of color, Tribal and
indigenous communities, deindustrialized communities,
and communities that are disproportionately vulnerable
to the impacts of climate change and other pollution;
(B) provide benefits for consumers, small
businesses, farmers and ranchers, and rural
communities;
(C) prioritize infrastructure investment that
reduces emissions of greenhouse gases and other
pollutants, creates quality jobs, and makes communities
more resilient to the effects of climate change;
(D) enhance quality job creation and raise labor
standards across the United States economy, including
removing policy barriers to labor union organizing,
protecting labor agreements, applying prevailing wage,
safety and health protections, domestic content, and
other provisions;
(E) lead in clean and emerging technology
production and manufacturing across the supply chain
and align policies to ensure United States companies
retain their competitive edge in a clean economy;
(F) ensure fairness and equity for workers and
communities affected by the transition to a 100 percent
clean economy; and
(G) prepare communities for climate change impacts
and risks.
(c) Proposed Plan.--
(1) Public comment.--Not later than 6 months after the date
of enactment of this Act, the head of each Federal agency shall
make the proposed plan of the Federal agency developed under
subsection (a) available for public comment.
(2) Interagency review.--Not later than 9 months after the
date of enactment of this Act, the head of a Federal agency,
after considering public comments and revising a proposed plan
developed under subsection (a), as appropriate, shall submit
the proposed plan to the Administrator for review and comment.
The Administrator, in consultation with the Secretary where
appropriate, shall--
(A) evaluate the sufficiency of each such proposed
plan individually, and in combination with the proposed
plans of other Federal agencies, to achieve the
national interim goal and the national goal declared by
section 101; and
(B) provide, not later than 90 days after receiving
the proposed plan of a Federal agency, written
recommendations to such Federal agency to ensure that
the plan is individually, and in combination with the
proposed plans of other Federal agencies, sufficient to
achieve the national interim goal and the national goal
declared by section 101 and advance the objectives
listed in subsection (b)(2).
(d) Submission.--Not later than 15 months after the date of
enactment of this Act, the head of each Federal agency shall make
public and submit to Congress--
(1) a plan developed under subsection (a) that incorporates
revisions to the proposed plan, as appropriate, to address the
recommendations provided by the Administrator under subsection
(c);
(2) the recommendations provided by the Administrator under
subsection (c); and
(3) recommendations of the Federal agency on additional
authority for the Federal agency, if any, that would be helpful
for such Federal agency, in combination with the other Federal
agencies, to achieve the national interim goal and the national
goal declared by section 101.
(e) Technical Assistance.--The Administrator, in consultation with
the Secretary as appropriate, shall provide technical assistance upon
request by any Federal agency in developing or revising a plan under
this section.
(f) Implementation.--Beginning not later than 15 months after the
date of enactment of this Act, the head of each Federal agency shall
implement the plan of the Federal agency developed under subsection (a)
and submitted to Congress under subsection (d).
(g) Revisions.--Not less frequently than every 24 months after the
head of a Federal agency submits to Congress the Federal agency's plan
under subsection (d), the head of such Federal agency, in consultation
with the Administrator, shall review and revise the plan to ensure it
is sufficient to achieve, in combination with the plans of the other
Federal agencies, the national interim goal and the national goal
declared by section 101. The head of each Federal agency shall include
the conclusion of each such review and any revised plan resulting from
such review in the next annual report required under subsection (h).
(h) Annual Report.--Not later than March 31 of the calendar year
after the calendar year in which each Federal agency is required to
submit to Congress a plan under subsection (d), and not later than
March 31 of each year thereafter, the head of each Federal agency shall
issue a public report on the plan of such Federal agency (including any
revisions to such plan), actions taken by the Federal agency pursuant
to such plan, and the effects of such actions, during the preceding
calendar year.
SEC. 103. ACCOUNTABILITY.
(a) EPA Review and Reports.--The Administrator shall--
(1) monitor the overall progress of the United States in
reducing greenhouse gas emissions and toward achieving the
national interim goal and the national goal declared by section
101; and
(2) not later than September 30 of the calendar year after
the calendar year in which each Federal agency is required to
submit to Congress a plan under section 102(d), and not later
than September 30 of each year thereafter, submit to Congress
and publish a report on such progress that includes--
(A) a review of how such greenhouse gas emissions
reductions relate to the international commitments of
the United States; and
(B) recommendations developed under subsection (b).
(b) Recommendations.--The Administrator shall include--
(1) in each annual report submitted under subsection (a),
as appropriate, after consulting with the Secretary and
considering any recommendations of the Advisory Committee,
recommendations regarding the rate of progress of the United
States toward achieving the national interim goal and the
national goal declared by section 101; and
(2) in an appendix to each such annual report, the
recommendations of the Advisory Committee.
SEC. 104. CLEAN ECONOMY FEDERAL ADVISORY COMMITTEE.
(a) Establishment.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall--
(1) establish an advisory committee, to be known as the
Clean Economy Federal Advisory Committee, to make
recommendations described in subsection (c); and
(2) appoint the following members to the Advisory Committee
that reflect diversity in gender, age, race, and geography:
(A) 2 members who are State officials from
different States, including at least 1 official from a
State that has adopted greenhouse gas reduction
targets.
(B) 2 members who are local government officials
from different States than the States represented by
the members appointed pursuant to subparagraph (A),
including--
(i) 1 official from a city or county that
has adopted greenhouse gas reduction targets;
and
(ii) 1 official from a city or county that
is impacted by the transition away from fossil
energy.
(C) 1 member who represents an environmental
nonprofit organization with expertise in mitigation of
greenhouse gas emissions.
(D) 2 members who are members of environmental
justice organizations representing environmental
justice communities.
(E) 2 members who are members of climate justice
organizations representing communities on the front
lines of climate change.
(F) 2 members who are representatives of Tribal
communities, including--
(i) 1 member from a community impacted by
pollution from the fossil fuel industry; and
(ii) 1 member from a community impacted by
the transition away from fossil energy.
(G) 2 members who are members of the National
Academy of Sciences and have expertise in climate
science.
(H) 4 members who are employed by organized labor
unions, including--
(i) 1 member from a utility sector union;
(ii) 1 member from a transportation sector
union;
(iii) 1 member from a manufacturing union;
and
(iv) 1 member from a building trades union.
(I) 2 members who are employed by the power sector,
including at least 1 member from a business in the
clean energy industry.
(J) 2 members of the agriculture industry,
including 1 member who is a farmer or rancher and 1
member who represents an organization that represents
family farms.
(K) 2 members from the transportation sector,
including at least 1 member who is a representative of
a public transit industry.
(L) 2 members from the manufacturing sector,
including at least 1 member who is from a business that
has committed to net-zero greenhouse gas emissions.
(M) 2 members from the commercial and residential
building sector, including at least 1 member who is
from a business that has committed to improving energy
efficiency in commercial or residential buildings.
(N) 1 member with expertise in public health.
(O) 1 member who is a young person who is
associated with a climate and environmental
organization.
(b) Organization; Termination.--
(1) Subcommittees.--The Advisory Committee may, as the
Advisory Committee determines appropriate, establish
subcommittees to provide advice to the full Advisory Committee
on matters within the respective subcommittee's area of
expertise. At a minimum, the Advisory Committee shall consider
establishing subcommittees on--
(A) environmental justice;
(B) climate justice;
(C) fairness and equity for workers; and
(D) the transition of communities dependent upon
fossil fuels.
(2) Meetings.--The Advisory Committee shall meet not less
frequently than 3 times in the first year after it is
established, and at least annually thereafter.
(3) Terms.--A member of the Advisory Committee shall be
appointed for a term of 2 years and the Administrator may
reappoint members for no more than 3 consecutive terms.
(4) Vacancies.--Any vacancy in the Advisory Committee shall
be filled by the Administrator in the same manner as the
original appointment and not later than 180 days after the
occurrence of the vacancy.
(5) Chair.--The Advisory Committee shall appoint a chair
from among the members of the Advisory Committee by a majority
of those voting, if a quorum is present.
(6) Quorum.--A two-thirds majority of members of the full
Advisory Committee shall constitute a quorum.
(7) Applicability of faca.--The Advisory Committee shall be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(8) Termination.--The Advisory Committee shall terminate on
December 31, 2050.
(c) Recommendations.--
(1) Interim goals.--Not later than 15 months after the date
of enactment of this Act, and upon the request of the
Administrator thereafter, the Advisory Committee shall submit
to the Administrator recommendations on one or more interim
greenhouse gas emissions reduction goals for the United States
to achieve before achieving the national goal declared by
section 101(2).
(2) Annual review.--Not later than June 30 of the calendar
year after the calendar year in which each Federal agency is
required to submit to Congress a plan under section 102(d), and
not later than June 30 of each year thereafter, and upon the
request of the Administrator, the Advisory Committee may
provide recommendations for the Administrator to consider in
developing recommendations to include in the annual report
required under section 103.
(3) Other matters.--Upon the request of the Administrator,
or upon the Advisory Committee's initiative, the Advisory
Committee may provide recommendations for the Administrator to
consider regarding any of the matters addressed by this Act.
SEC. 105. RECOMMENDATIONS FOR INTERIM GOALS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall, after consulting with
the Secretary and obtaining the recommendations of the Advisory
Committee, recommend to Congress one or more interim greenhouse gas
emissions reduction goals for the United States to achieve before
achieving the national goal declared by section 101(2). In selecting
one or more such interim goals to recommend to Congress, the
Administrator shall consider--
(1) the best available science on the needed pace of
reducing greenhouse gas emissions to limit global warming to
1.5 Celsius;
(2) the international commitments by the United States to
address climate change, so as to ensure that any interim goal
is, at a minimum, consistent with such commitments; and
(3) the degree of progress considered necessary by a given
date to maximize the likelihood that there is an economically
and technically feasible path forward from such date to achieve
the national goal declared by section 101(2).
(b) Updates.--Upon request of Congress, or any new international
commitment by the United States to address climate change, the
Administrator may recommend to Congress revised or additional interim
goals.
SEC. 106. DEFINITIONS.
For purposes of this subtitle:
(1) Advisory committee.--The term ``Advisory Committee''
means the Clean Economy Federal Advisory Committee established
pursuant to section 104.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(4) Greenhouse gas.--The term ``greenhouse gas'' means the
heat-trapping gases for which the anthropogenic emissions are
estimated and reported in the most recently issued ``Inventory
of U.S. Greenhouse Gas Emissions and Sinks'' prepared annually
by the Environmental Protection Agency in accordance with the
commitments of the United States under the United Nations
Framework Convention on Climate Change.
(5) 100 percent clean economy.--The term ``100 percent
clean economy'' means, with respect to the United States,
economywide, net-zero greenhouse gas emissions, or negative
greenhouse gas emissions, after annual accounting for sources
and sinks of anthropogenic greenhouse gas emissions consistent
with the coverage of emissions reported by the United States
under the United Nations Framework Convention on Climate
Change.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
Subtitle B--National Academy of Sciences Review
SEC. 111. NATIONAL ACADEMY OF SCIENCES REVIEW.
(a) In General.--The Administrator of the Environmental Protection
Agency shall seek to enter into an agreement with the National Academy
of Sciences under which the Academy agrees to--
(1) conduct a study on matters concerning the national goal
of achieving net-zero greenhouse gas emissions by 2050;
(2) not later than 3 years after the date of entry into
such agreement, complete such study and submit to the Congress
and the Administrator a report on the results of such study
that includes--
(A) the metrics by which the achievement of such
goal should be determined; and
(B) a method to determine progress toward and
success in reaching such goal; and
(3) not later than 5 years after the submission of such
report, submit a followup report assessing--
(A) the effectiveness of the metrics and method
recommended in the report pursuant to subparagraphs (A)
and (B) of paragraph (2) in evaluating progress toward
reaching such goal;
(B) the implementation by the Environmental
Protection Agency of such metrics and method, and of
other recommendations in such report; and
(C) the progress made towards the national goal
declared by section 101(2) and all interim goals
recommended to Congress by the Administrator pursuant
to section 105.
(b) Timing of Agreement.--The Administrator shall seek to enter
into the agreement described in subsection (a) not later than 180 days
after the date of enactment of this Act.
(c) Requirements.--The study and report pursuant to paragraphs (1)
and (2) of subsection (a) shall--
(1) provide comprehensive metrics to measure lifecycle
greenhouse gas emissions by sector and, where appropriate,
major subsector, including--
(A) industry;
(B) electricity and heat production;
(C) transportation;
(D) buildings;
(E) agriculture, forestry, and other land use; and
(F) other sectors or major subsectors selected by
the Academy;
(2) provide methodologies, inputs, measurements,
techniques, and equations to calculate lifecycle greenhouse gas
emissions for each sector for which metrics are provided
pursuant to paragraph (1) and, as the Academy deems
appropriate, each major subsector for which such metrics are
provided;
(3) identify limitations when evaluating and selecting
metrics to calculate lifecycle greenhouse gas emissions, and
any challenges relevant to calculating lifecycle greenhouse gas
emissions;
(4) review and synthesize relevant existing assessments of
lifecycle greenhouse gas emissions for each sector for which
metrics are provided pursuant to paragraph (1) and, as the
Academy deems appropriate, each major subsector for which such
metrics are provided, including assessments produced by--
(A) the Intergovernmental Panel on Climate Change;
(B) nongovernmental entities, nonprofit
organizations, and academic institutions;
(C) private actors;
(D) domestic and international government actors;
and
(E) other international organizations;
(5) assess existing metrics and methodologies for
accounting for negative emissions and sinks; and
(6) provide a methodology to use lifecycle greenhouse gas
emissions metrics to determine sector- and major subsector-
specific progress toward the national goal, including balancing
emission sources, negative emissions, and sinks.
(d) Recommendations.--The study and report pursuant to paragraphs
(1) and (2) of subsection (a) shall identify actions that could be
taken to--
(1) improve scientific understanding key to assessing
progress toward and success in achieving the national goal of
net-zero greenhouse gas emissions by 2050;
(2) improve the measurement of lifecycle greenhouse gas
emissions; and
(3) improve the accounting of negative emissions and sinks.
(e) Definitions.--In this section:
(1) The term ``Academy'' means the National Academy of
Sciences.
(2) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(3) The term ``lifecycle greenhouse gas emissions'' means
the aggregate quantity of greenhouse gas emissions (including
direct emissions and significant indirect emissions such as
significant emissions from land-use changes), as determined by
the Academy over the full lifecycle of the respective
greenhouse gases, across all stages of a given sector or major
subsector's supply chain, where the mass values for all
greenhouse gases are adjusted to account for their relative
global warming potential and residence time.
(4) The term ``negative emissions'' means greenhouse gases
permanently removed from the atmosphere, other than biogenic
removals through land-use and forestry practices.
(5) The term ``sinks'' means a reservoir of greenhouse
gases removed from the atmosphere through land-use and forestry
practices, consistent with the United Nations Framework
Convention on Climate Change (UNFCCC) national inventory
accounting guidelines.
TITLE II--POWER
Subtitle A--Clean Electricity Standard
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) 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).
(3) 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).
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) Carbon intensity factor.--The term ``carbon intensity
factor'' means--
(A) for each calendar year through 2030, 0.82;
(B) for calendar year 2031, 0.736;
(C) for calendar year 2032, 0.652;
(D) for calendar year 2033, 0.568;
(E) for calendar year 2034, 0.484; or
(F) for calendar year 2035 and each calendar year
thereafter, 0.4.
(9) 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).
(10) 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.
(11) 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.
(12) Generator.--The term ``generator'' means the owner or
operator of a generating unit.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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, nonforested 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 woody or nonwoody
plant that is planted for closed-loop biomass
(as defined in section 45(c)(2) of the Internal
Revenue Code of 1986) on land that was, as of
January 1, 2021--
(I) actively managed cropland or
fallow and nonforested cropland, as
defined by the Department of
Agriculture;
(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.
(C) Oversight.--The Administrator shall oversee
that the aforementioned standards for qualified
renewable biomass in subparagraphs (A) and (B) are
adhered to, in consultation with the Secretary of
Agriculture and the Secretary of the Interior, as
appropriate.
(D) Emissions.--Processing or combustion of
qualified renewable biomass should 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 (42 U.S.C. 7408); or
(ii) a hazardous air pollutant listed
pursuant to section 112(b) of the Clean Air Act
(42 U.S.C. 7412).
(18) 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;
(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 Administrator has
certified, within the past 18 months, is--
(i) in compliance with all applicable
Federal and State environmental permits; and
(ii) in the case of a facility that
commences operation before the date of
enactment of this subtitle, in compliance with
emission standards under sections 112 and, as
applicable, 129 of the Clean Air Act (42 U.S.C.
7412, 7429) that apply as of the date of
enactment of this subtitle to new facilities
within the applicable source category.
(19) 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.
(20) 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)).
(21) 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.
(22) 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 factor.
(23) 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 2023, for each calendar year, not later than June 1 of the
following calendar year, each retail electricity supplier shall
submit to the Administrator a quantity of zero-emission
electricity credits that is equal to--
(A) for each of calendar years 2023 and 2024, 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 2025 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
Administrator 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) 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 Administrator shall deduct the
quantity of megawatt-hours of electricity generated by
such generating unit during such calendar year.
(C) Exception.--
(i) In general.--Notwithstanding anything
to the contrary in this section, beginning with
calendar year 2031, the Administrator shall
defer for one calendar year increasing the
required minimum percentage of zero-emission
electricity as set forth in clauses (iii)
through (vii) of paragraph (5)(C) for a retail
electricity supplier if the retail electricity
supplier submits an alternative compliance
payment in lieu of more than 10 percent of the
quantity of zero-emission electricity credits
due pursuant to this section in both calendar
year 2029 and calendar year 2030, or any two
consecutive calendar years thereafter.
(ii) Extended schedule.--If a retail
electricity supplier receives a deferral
pursuant to clause (i), the minimum percentage
of zero-emission electricity as set forth in
clauses (iii) through (vii) of paragraph (5)(C)
shall be each be extended by one calendar year.
(iii) Savings clause.--Notwithstanding
clauses (i) and (ii), the required minimum
percentage of zero-emission electricity set
forth in paragraph (5)(C)(vii) shall not be
deferred beyond calendar year 2040.
(iv) Electric utility bill payment
assistance.--If the Administrator issues a
deferral pursuant to clause (i), the
Administrator shall, notwithstanding anything
to the contrary in section 205, award under
section 205(b) an amount of money equal to 25
percent of the total amount paid by a retail
electricity supplier as alternative compliance
payments in the two years that triggered the
deferral. Such sums shall be paid awarded for
the sole purpose of assisting consumers of the
retail electricity supplier with their electric
utility bill pursuant to terms established by
the Administrator.
(4) Definitions.--In this subsection:
(A) 2020s annual percentage increase.--The term
``2020s annual percentage increase'' means, with
respect to a retail electricity supplier, the product
obtained by multiplying--
(i) the difference between 80 percent and
the baseline zero-emission electricity
percentage; by--
(ii) \1/7\.
(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
Administrator 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 calendar year 2023, the baseline
zero-emission electricity percentage;
(ii) for each of calendar years 2024
through 2030, 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 2020s annual percentage
increase;
(iii) for calendar year 2031, 84 percent;
(iv) for calendar year 2032, 88 percent;
(v) for calendar year 2033, 92 percent;
(vi) for calendar year 2034, 96 percent;
and
(vii) for calendar year 2035 and each
calendar year thereafter, 100 percent.
(b) Reporting on Behind-the-Meter Generation Systems.--Effective
beginning in calendar year 2023, 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 Administrator--
(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.--
(1) In general.--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 Administrator,
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 pursuant to
subparagraph (2).
(2) Calculation.--The Administrator shall calculate the
alternative compliance payment under subparagraph (1) for each
calendar year as follows:
(A) For calendar year 2023, the alternative
compliance payment shall be $40.
(B) For calendar year 2024 and each calendar year
thereafter, the Administrator shall--
(i) increase the prior calendar year amount
by 3 percent; and
(ii) adjust for inflation.
SEC. 203. ZERO-EMISSION ELECTRICITY CREDIT TRADING PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a zero-
emission electricity credit trading program under which--
(1) the Administrator 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 Administrator 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 Administrator 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 Administrator 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 the calendar year for which the zero-emission
electricity credit is issued and the subsequent 3 calendar years.
SEC. 204. DETERMINATION AND ISSUANCE OF QUANTITY OF ZERO-EMISSION
ELECTRICITY CREDITS.
(a) Issuance of Zero-Emission Electricity Credits.--The
Administrator 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 Administrator 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) the carbon intensity factor.
(c) General Rules on Determining Carbon Intensity.--Notwithstanding
any other provision of this section, the Administrator 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 Administrator 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 Administrator
shall account for the following emissions as if emitted
directly by the generating unit:
(i) The carbon dioxide emissions of the
generating unit.
(ii) With respect to the amount of carbon
dioxide and methane emissions that occur during
extraction, flaring, processing, transmission,
and transportation of the fossil fuel--
(I) the average amounts of carbon
dioxide and methane emissions, in terms
of carbon dioxide equivalent,
associated with such fossil fuel in the
United States; or
(II) with respect to a generator
that the Administrator 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.--In determining both the
average amount of emissions associated with a
fossil fuel in the United States and the
emissions of each generating unit using fossil
fuel under subparagraph (A), the Administrator
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.
(ii) Determination factors.--The
Administrator 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
demonstration--
(I) relies on the detection of
fugitive and routine emissions from the
applicable facilities through the use
of continuous monitoring devices
operated by one or more independent
parties;
(II) relies on measurements that
occur on a continuing basis and no less
frequently than once per day;
(III) relies on measurements that
are capable of detecting methane
emissions at least as small as one gram
of methane per second; and
(IV) accounts for low-frequency,
high-emission events.
(iii) Public availability.--The information
provided to the Administrator by a generator to
make a determination under this subparagraph
shall be available to the public upon such
determination.
(C) Standards.--The Administrator shall promulgate
the standards for measurement necessary to implement
subparagraphs (A) and (B) not less than 2 years after
the date of enactment of this subtitle and shall update
such standards every 5 years thereafter, based on the
best available science and technology, including by
increasing the level of frequency required under
subparagraph (B)(i)(II) and decreasing the lower
detection limit required under subparagraph
(B)(i)(III).
(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 Administrator 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 Administrator 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) the carbon
intensity factor; 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
Administrator.
(B) Additional credits.--In addition to zero-
emission electricity credits issued under subparagraph
(A), the Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator shall
account for the greenhouse gas emissions associated
with the production of such qualified low-carbon fuel.
(C) No double-counting.--The Administrator 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 Administrator 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) the carbon intensity
factor.
(6) Direct air capture of carbon dioxide.--
(A) Quantity of credits.--The Administrator 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 Administrator 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 Administrator 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.
(C) Avoiding double counting.--The Administrator
shall seek to ensure that direct air capture activities
receiving a credit under this paragraph are not used
for compliance with an obligation to reduce or avoid
greenhouse gas emissions, or increase greenhouse gas
sequestration, under another Federal, State, foreign,
or international regulatory system.
(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 Administrator 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) Labor Standards Requirements.--
(1) Construction of new generating units.--
(A) In general.--The Administrator shall take such
action as may be necessary to insure that all laborers
and mechanics employed by contractors or subcontractors
for the construction of a generating unit shall be paid
wages at rates not less than those prevailing for the
same type of work on similar construction in the
locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title
40, United States Code. 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) Prohibition.--Notwithstanding anything to the
contrary in this subtitle, the Administrator shall not
issue a zero-emission electricity credit for generation
from a generating unit unless prevailing wages were
paid for the construction of such generating unit as
set forth in subparagraph (A).
(C) Applicability.--This subsection applies to any
generating unit the construction of which commences on
or after six months after the date of enactment of this
subtitle.
(2) Operation and maintenance of generating units.--
(A) In general.--Notwithstanding anything to the
contrary in this subtitle, the Administrator shall not
issue zero-emission electricity credits for generation
from a generating unit unless the owner and operator of
such generating unit, including all contractors and
subcontractors, remains neutral with respect to the
exercise of employees and labor organizations of the
right to organize and bargain under the National Labor
Relations Act (29 U.S.C. 151 et seq.).
(B) Prohibition.--Notwithstanding anything to the
contrary in this subtitle, the Administrator shall not
issue a zero-emission electricity credit to a generator
not in compliance with the requirements of this
subsection.
(3) Rulemaking.--Not later than 18 months after the date of
enactment of this subtitle, the Administrator, after
consultation with the Secretary of Labor, shall promulgate
regulations implementing the requirements of this subsection,
including provisions for verification of ongoing compliance
with such requirements. requiring adoption and compliance with
such labor standards as the Administrator determines
appropriate in order for generators to receive the full amount
of the zero-emission electricity credits for which they are
otherwise eligible.
(l) Study on Line Loss.--
(1) In general.--The Administrator shall conduct a study to
evaluate any potential need to account for the losses in
electricity from transmission and storage between generating
units and retail electricity suppliers.
(2) Report to congress.--The Administrator shall submit a
report to the Committee on Energy and Commerce on the results
of the study required by this subsection by not later than
September 30, 2028. The report shall include an evaluation of
the potential effect, if any, of any such losses on the
requirements of this subtitle to reach 100 percent zero-
emission electricity by 2035.
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 Administrator.
(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); and
(B) 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 Administrator 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 Administrator 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;
(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; and
(I) improvement to the electrical grid that
facilitates increased zero-emission electricity
generation or improves energy efficiency.
(3) Exclusions.--The Administrator 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.
(4) Criteria.--The Administrator may only award funds under
the program carried out pursuant to this subsection for an
activity for which the Administrator 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
Administrator a proposal that--
(A) describes the activity to be carried out with
the award of funds in a manner specified by the
Administrator;
(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
Administrator in order to make a determination
described in paragraph (4); and
(F) provides any other certifications the
Administrator determines appropriate.
(6) Deadlines.--
(A) Solicitation.--Not later than February 1, 2024,
and each February 1 thereafter, the Administrator shall
solicit proposals for activities described in paragraph
(1) for which the Administrator 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 Administrator 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 Administrator 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
Administrator 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 Administrator shall consult with the
Secretary of the Interior and the Secretary of Agriculture 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),
nothing in this subtitle 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;
(B) the regulation of a retail electricity
supplier; or
(C) greenhouse gas emissions
(2) Federal law.--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 Administrator, 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 subtitle and the relevant State
clean energy program or renewable energy program.
(c) More Stringent State Clean Energy Programs.--
(1) Determination.--
(A) In general.--The Administrator, 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 Administrator shall make a
determination under subparagraph (A)--
(i) not later than January 1, 2022, 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 Administrator
makes a subsequent determination under this
paragraph with respect to the applicable State
program.
(2) Deemed compliance.--If the Administrator 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
Administrator, in consultation with States implementing a more
stringent State clean energy program, shall promulgate
regulations prohibiting the issuance of a zero-emission
electricity credit under this subtitle for 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.--The Administrator shall not refuse to issue or
accept submission of a zero-emission electricity credit because the
same megawatt-hour of zero-emission electricity associated with such
credit is also used for compliance with a State law in a State that
does not have a more stringent State clean energy program.
(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 demonstrated to the satisfaction of the
Administrator to result in a greater percentage of
qualified energy deployment than would be achieved in
the State under this subtitle over a 5-year period; 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, 2034, the Administrator shall submit a
report to Congress with an evaluation and a forecast of the remaining
barriers to achieving 100 percent generation of electric energy with no
emissions of carbon dioxide by calendar year 2035.
SEC. 208. INFORMATION COLLECTION.
The Administrator may require any retail electricity supplier,
generator, or other entity that the Administrator determines
appropriate, to submit to the Administrator any information the
Administrator determines to be appropriate to carry out this subtitle.
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 Administrator 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 Administrator 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 clean energy program, if the State requirement is
more stringent than the applicable requirement of this title.
(c) Procedure for Assessing Penalty.--The Administrator shall
assess a civil penalty under this section in accordance with section
113(d) of the Clean Air Act (42 U.S.C. 7413(d)).
SEC. 210. REGULATIONS.
Except as otherwise provided in this subtitle, not later than 2
years after the date of enactment of this subtitle, the Administrator
shall promulgate regulations to implement this subtitle.
Subtitle B--Federal Energy Regulatory Reform
PART 1--ELECTRICITY TRANSMISSION
SEC. 211. NATIONAL POLICY ON TRANSMISSION.
It is the policy of the United States that--
(1) the planning, siting, permitting, and operation of a
modernized and integrated bulk electricity transmission system
should facilitate a reliable, resilient, and decarbonized
electricity supply and enable national greenhouse gas emissions
reductions;
(2) electric grid system planning should take into account
all significant demand-side and supply-side options, including
energy efficiency, distributed and localized electricity
generation, smart grid technologies and practices, demand
response, energy storage, advanced transmission technologies
that increase capacity or efficiency of existing transmission
facilities, voltage regulation technologies, high capacity
conductor and superconductor technologies, underground
transmission technologies, and new conventional electric
transmission capacity and corridors;
(3) the public interest is served by overcoming regulatory
and jurisdictional barriers to coordinated and cost-effective
investments in the Nation's electric grid system that enable
deployment of cost-effective clean energy resources; and
(4) the Federal Government, through the Department of
Energy, the Federal Energy Regulatory Commission, and other
relevant agencies, and the national laboratories, should
facilitate and advance cost-effective investments in the
Nation's electric grid system, including the bulk electricity
transmission system, to enhance reliability, resiliency, and
access to clean energy resources by--
(A) accounting for a broad range of quantifiable
benefits, including reduction in delivered cost of
energy, improved reliability and resilience, reduced
emissions of criteria air pollutants, and contribution
to decarbonizing the electric sector;
(B) promoting cost allocation methodologies that
transparently allocate costs based on accrued benefits
and that account for broad and varied benefits offered
by interregional and regional transmission solutions;
and
(C) prioritizing regional and interregional
projects that provide access to demand for clean energy
resources.
SEC. 212. REVIEW OF THE EFFECTIVENESS OF POLICIES AND INCENTIVES TO
ENCOURAGE DEPLOYMENT OF ADVANCED TRANSMISSION
TECHNOLOGIES.
Not later than 1 year after the date of enactment of this Act, the
Federal Energy Regulatory Commission shall carry out a review of, and
submit to Congress a report--
(1) describing its progress, pursuant to the rule issued
under section 219 of the Federal Power Act (16 U.S.C. 824s), in
encouraging deployment of transmission technologies and other
measures, including dynamic line ratings, flow control devices,
and network topology optimization, to increase the capacity and
efficiency of existing transmission facilities and improve the
operation of the facilities; and
(2) that includes an evaluation of how such rule, and any
other applicable rule or policy of the Commission, could be
modified to encourage greater deployment of such transmission
technologies and other measures.
SEC. 213. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
(a) Designation of National Interest Electric Transmission
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))
is amended--
(1) in the heading, by striking ``Designation of National
Interest Electric Transmission Corridors'' and inserting
``Designation of High Priority Interstate Transmission
Corridors'';
(2) in paragraph (1)--
(A) by striking ``the date of enactment of this
section'' and inserting ``the date of enactment of the
CLEAN Future Act,''; and
(B) by striking ``congestion'' and inserting
``congestion, with a particular focus on the
integration of renewable energy resources'';
(3) in paragraph (2)--
(A) by striking ``issue a report'' and inserting
``, at least once every 3 years, issue a report'';
(B) by striking ``designate'' and inserting
``designate as a high priority interstate transmission
corridor''; and
(C) by striking ``experiencing electric energy
transmission capacity constraints or congestion that
adversely affects consumers as a national interest
electric transmission corridor.'' and inserting the
following: ``that--
``(A) is experiencing electric energy transmission capacity
constraints or congestion that adversely affects consumers; or
``(B) could be used to improve the integration of renewable
energy resources.'';
(4) in paragraph (4)--
(A) by striking ``national interest electric
transmission corridor'' and inserting ``high priority
interstate transmission corridor'';
(B) in subparagraph (D), by striking the ``and'' at
the end;
(C) in subparagraph (E), by striking ``security.''
and inserting ``security;''; and
(D) by adding at the end the following:
``(F) the designation would improve the integration of
renewable energy resources; and
``(G) the designation would result in a reduction in the
cost to purchase electric energy for consumers.''; and
(5) by adding at the end the following:
``(5) In determining the boundary of a geographic area to be
designated as a high priority interstate transmission corridor under
paragraph (2), the Commission shall only designate the smallest
geographic area possible.''.
(b) Construction Permit.--Section 216(b) of the Federal Power Act
(16 U.S.C. 824p(b)) is amended to read as follows:
``(b) Construction Permit.--The Commission may, after notice and an
opportunity for hearing, issue one or more permits for the construction
or modification of electric transmission facilities in a high priority
interstate transmission corridor designated by the Secretary under
subsection (a) if the Commission finds that--
``(1)(A) a State in which the transmission facilities are
to be constructed or modified does not have authority to--
``(i) approve the siting of the facilities; or
``(ii) consider the interstate benefits expected to
be achieved by the proposed construction or
modification of transmission facilities in the State;
``(B) the applicant for a permit is a transmitting utility
under this Act but does not qualify to apply for a permit or
siting approval for the proposed project in a State because the
applicant does not serve end-use customers in the State; or
``(C) a State commission or other entity that has authority
to approve the siting of the facilities has--
``(i) not approved or denied an application seeking
approval pursuant to applicable law by the date that is
1 year after the filing of the application or 1 year
after the designation of the relevant high priority
interstate transmission corridor, whichever is later;
``(ii) conditioned its approval in such a manner
that the proposed construction or modification will not
significantly reduce transmission congestion in
interstate commerce or is not economically feasible; or
``(iii) denied an application seeking approval
pursuant to applicable law; and
``(2) the applicant for a permit sufficiently considered
using a non-transmission alternative (as defined in section
224) for purposes of addressing the needs of the proposed
electric transmission facility.''.
(c) Coordination of Federal Authorizations for Transmission
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C.
824p(h)) is amended--
(1) in paragraph (7)(B)(i), by striking ``date of enactment
of this section'' and inserting ``date of enactment of the
CLEAN Future Act''; and
(2) in paragraph (7)(A), by striking ``this section'' and
inserting ``the CLEAN Future Act''.
(d) Interstate Compacts.--Subsection (i)(4) of section 216 of the
Federal Power Act (16 U.S.C. 824p) is amended by striking ``the members
of the compact are in disagreement and the Secretary makes, after
notice and an opportunity for a hearing, the finding described in
subsection (b)(1)(C)'' and inserting ``the Secretary finds that the
members of the compact are in disagreement after the date that is 1
year after the filing of an application for the facility or 1 year
after the designation of the relevant high priority interstate
transmission corridor, whichever is later''.
SEC. 214. NON-TRANSMISSION ALTERNATIVES.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. NON-TRANSMISSION ALTERNATIVES.
``(a) In General.--In carrying out sections 205 and 206, the
Commission--
``(1) may consider the allocation of costs associated with
non-transmission alternatives for the purposes of permitting
cost recovery through transmission rates; and
``(2) shall allow costs associated with non-transmission
alternatives to be included in transmission rates and subject
to regional cost allocation.
``(b) Implementation.--In implementing this section, the Commission
shall ensure that any cost allocation provisions for non-transmission
alternatives are just and reasonable, including by prohibiting any
double-recovery of costs.
``(c) Non-Transmission Alternative Defined.--In this section, the
term `non-transmission alternative'--
``(1) means a resource that--
``(A) defers or eliminates the need for new
transmission facilities; and
``(B) does not provide transmission service;
``(2) includes--
``(A) an electric storage device, if used as a
replacement for transmission service;
``(B) energy efficiency; and
``(C) demand response; and
``(3) does not include traditional generation resources.''.
SEC. 215. OFFICE OF TRANSMISSION.
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is
amended by inserting after section 317 the following:
``SEC. 318. OFFICE OF TRANSMISSION.
``(a) Establishment.--There shall be established in the Commission
an office to be known as the Office of Transmission.
``(b) Director.--The Office of Transmission shall be administered
by a Director who shall be appointed by the Chairman of the Commission
with approval by the Commission.
``(c) Duties.--The Director shall--
``(1) review transmission plans submitted by public
utilities in accordance with the regional and interregional
transmission planning processes established pursuant to section
206;
``(2) coordinate all transmission-related matters of the
Commission, as the Commission determines appropriate; and
``(3) carry out the responsibilities of the Commission
under section 216, in coordination with the Office of Energy
Projects of the Commission.''.
SEC. 216. IDENTIFYING REGIONAL TRANSMISSION NEEDS.
(a) Technical Conference.--
(1) In general.--Not later than 9 months after the date of
enactment of this section, the Commission shall convene a
technical conference to evaluate how regional transmission
planning needs are identified in regional transmission planning
processes.
(2) Participation.--The technical conference shall be led
by the members of the Commission, and the Commission shall
invite participation from representatives of ratepayers and
such other entities as the Commission determines appropriate.
(3) Topics.--The following topics shall be considered
during the technical conference:
(A) How to improve the transparency of the
identification of transmission planning needs.
(B) How to increase stakeholder input in the
identification of transmission planning needs.
(C) How to update methodologies that are used to
identify transmission planning needs for purposes of--
(i) ensuring that such needs may lead to
solutions that recognize the multiple benefits
of a proposed solution, such as economic,
reliability, and public policy-based benefits;
and
(ii) using scenario-based forecasting to
accurately predict future transmission planning
needs.
(D) How to ensure that--
(i) unnecessary transmission facilities are
not selected in regional transmission planning
processes; and
(ii) more efficient or cost-effective
transmission solutions are selected in regional
transmission planning processes.
(4) Public comment.--The Commission shall provide an
opportunity for public comment on the technical conference.
(b) Rulemaking.--Not later than 1 year after the conclusion of the
technical conference, the Commission shall publish in the Federal
Register a rule, in accordance with section 206 of the Federal Power
Act (16 U.S.C. 824e), that requires transmission providers to--
(1) increase transparency in the identification of
transmission planning needs;
(2) update methodologies that are used to identify
transmission planning needs for purposes of providing more
accurate forecasting of expected transmission planning needs;
and
(3) update their methodologies to ensure that the
identification of transmission planning needs in regional
planning processes may lead to solutions that recognize the
multiple benefits of a proposed solution, such as economic,
reliability, and public policy-based benefits.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Transmission provider.--The term ``transmission
provider'' means a public utility (as defined in section 201 of
the Federal Power Act (16 U.S.C. 824)) that owns, operates, or
controls facilities used for the transmission of electric
energy in interstate commerce.
SEC. 217. INTERREGIONAL TRANSMISSION PLANNING.
(a) Technical Conference.--
(1) In general.--Not later than 6 months after the date of
enactment of this section, the Federal Energy Regulatory
Commission shall convene a technical conference to consider how
to develop an interregional transmission planning process.
(2) Participation.--The technical conference shall be led
by the members of the Commission, and the Commission shall
invite participation from representatives of ratepayers and
such other entities as the Commission determines appropriate.
(3) Topics.--The following topics shall be considered
during the technical conference:
(A) How transmission providers in adjacent
transmission planning regions can plan for
interregional transmission projects.
(B) How an interregional planning process will
provide for the evaluation and facilitation of the
integration of renewable energy resources, particularly
those located far away from load centers.
(C) Cost allocation for interregional transmission
projects, including whether public funding should
affect the cost allocation of an interregional
transmission project receiving such funding, and if so,
what the effect should be.
(D) How interregional transmission projects that
address public policy needs in the applicable regions
could be facilitated by an interregional transmission
planning process.
(E) Whether transmission providers in transmission
planning regions should be required to develop similar
or identical processes for evaluating the benefits of
proposed interregional transmission projects.
(F) Any effects an interregional transmission
planning process would have on existing local and
regional transmission planning processes.
(4) Public comment.--The Commission shall provide an
opportunity for public comment on the technical conference.
(b) Rulemaking.--Not later than 18 months after the conclusion of
the technical conference, the Commission shall publish in the Federal
Register a rule, in accordance with section 206 of the Federal Power
Act (16 U.S.C. 824e), that requires transmission providers to--
(1) engage in formalized interregional transmission
planning processes, which shall include the development of cost
allocation methodologies in accordance with guidelines
developed by the Commission; and
(2) consider reduced costs of electric energy to customers
and the integration of renewable energy resources as benefits
for interregional transmission planning purposes.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Interregional transmission planning process.--The term
``interregional transmission planning process'' means a process
to evaluate electric energy transmission needs jointly by
transmission providers in two or more adjacent transmission
planning regions.
(3) Interregional transmission project.--The term
``interregional transmission project'' means an interregional
project for facilities used for the transmission of electric
energy in interstate commerce.
(4) Transmission planning region.--The term ``transmission
planning region'' means a region for which electric energy
transmission planning is appropriate, as determined by the
Commission.
(5) Transmission provider.--The term ``transmission
provider'' means a public utility (as defined in section 201 of
the Federal Power Act (16 U.S.C. 824)) that owns, operates, or
controls facilities used for the transmission of electric
energy in interstate commerce.
SEC. 218. TRANSMISSION SITING ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Covered transmission project.--The term ``covered
transmission project'' means a high-voltage interstate
electricity transmission line, proposed to be constructed and
to operate at a minimum of 300 kilovolts of either alternating-
current or direct-current electric energy, with respect to
which a notice of intent to apply for authorization under
State, local, or Tribal law has been filed with the applicable
siting authority.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Siting authority.--The term ``siting authority'' means
a State, local, or Tribal governmental entity with authority to
make a final determination regarding the siting, permitting, or
regulatory status of a covered transmission project proposed to
be located in an area under the jurisdiction of the entity.
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a program to
provide assistance to siting authorities for the evaluation of, and
decisionmaking process for, applications relating to the siting or
permitting of covered transmission projects.
(c) Types of Assistance.--
(1) Grants.--
(A) In general.--The Secretary may, upon request,
provide a grant to a siting authority for any of the
following:
(i) Studies and analyses of the
environmental, reliability, wildlife, cultural,
historical, water, land-use, and employment,
tax-revenue, market, cost, rate regulation, and
other economic impacts of the covered
transmission project, including--
(I) assessing the economic benefits
and development effects of the
transmission capacity of the covered
transmission project; and
(II) identifying the public health
benefits of substituting clean
electricity for fossil-fired generation
that creates ozone, particulates,
nitrous oxides, and greenhouse gases,
often in low-income areas.
(ii) Participation by the siting authority
in regulatory proceedings or negotiations in
another jurisdiction or under the auspices of a
transmission organization (as defined in
section 215 of the Federal Power Act (16 U.S.C.
824o)) that is also considering the siting or
permitting of the same covered transmission
project.
(iii) Participation by the siting authority
in regulatory proceedings at the Federal Energy
Regulatory Commission or a State regulatory
commission determining applicable rates and
cost allocation for the covered transmission
project.
(iv) The costs of the siting authority of
scheduling and conducting public hearings and
meetings to present plans and related analysis,
take comments, and foster greater public
awareness of the benefits and costs of the
covered transmission project (including with
respect to any proposed siting alternatives).
(B) Amounts.--In providing a grant to a siting
authority under subparagraph (A), the Secretary may
provide amounts of not more than--
(i) 80 percent of the costs of studies and
analyses under subparagraph (A)(i) that are
commissioned by the siting authority to be
carried out by another entity;
(ii) 50 percent of the costs of studies and
analyses under subparagraph (A)(i) that are
carried out by the siting authority;
(iii) 50 percent of the costs to the siting
authority of participation described in
subparagraph (A)(ii);
(iv) 80 percent of the costs to the siting
authority of participation described in
subparagraph (A)(iii); and
(v) 50 percent of the costs described in
subparagraph (A)(iv).
(C) Deadline for certain studies.--The Secretary
shall provide a grant under subparagraph (A)(i) on the
condition that any study carried out pursuant to such
subparagraph is completed within one year of being
commissioned, or commenced by, the siting authority.
(2) Other assistance.--The Secretary may, upon request,
provide direct assistance to a siting authority in the form of:
(A) Examination of up to three alternate siting
corridors within which the covered transmission project
feasibly could be sited.
(B) Related scientific, technical, and economic
analyses, to be performed at the national laboratories
of the Department of Energy.
(C) Hosting and facilitation (including by
providing services of expert Department of Energy
personnel or neutral arbitrators) of negotiations in
settlement meetings involving the siting authority, the
covered transmission project applicant and other
proponents of the project, siting authorities from
other jurisdictions considering the same covered
transmission project, and opponents of the covered
transmission project, for the purpose of identifying
and addressing issues that are preventing approval of
the application relating to the siting or permitting of
the covered transmission project.
(D) Other measures and actions that may improve the
chances of, and shorten the time required for, approval
by the siting authority of the application relating to
the siting or permitting of the covered transmission
project, as the Secretary determines appropriate.
(d) Conditions.--As a condition of receiving assistance under this
section, the Secretary shall require a siting authority to agree, in
writing--
(1) to reach a final decision on the application relating
to the siting or permitting of the covered transmission project
not later than two years after the date on which such
assistance is first provided, unless the Secretary grants an
extension for good cause;
(2) to review, consider, and conduct any negotiations
regarding the application relating to the siting or permitting
of the covered transmission project (including with respect to
any proposed siting alternatives) in good faith and in
accordance with a published decision process and schedule;
(3) to objectively and rationally weigh the results of all
analyses, evidence, and inputs, and not deny the application
relating to the siting or permitting of the covered
transmission project without finding compelling evidence that
the negative impacts of the covered transmission project
(including with respect to any proposed siting alternatives)
are greater than its benefits;
(4) in evaluating the impacts, costs, and benefits of the
covered transmission project, to not exclude demonstrable
regional and national impacts, costs, and benefits that will be
experienced within and beyond the area over which the siting
authority has jurisdiction;
(5) in evaluating the costs of the covered transmission
project, to not deny the application relating to the siting or
permitting of the covered transmission project based on an
unfair allocation of costs to those within the area over which
the siting authority has jurisdiction, except that the siting
authority may condition its approval on a fair and feasible
allocation of those costs within and beyond the area over which
the siting authority has jurisdiction, as determined by the
siting authority;
(6) to transparently share, upon request, all information,
analyses, and other inputs obtained pursuant to this section,
except for any business-confidential information, with all
parties, other siting authorities considering the same covered
transmission project, and the public;
(7) to not demand funds from the applicant to cover the
costs of any analysis, information, or support that it has
received from the Secretary;
(8) to provide to the Secretary a full written explanation
of any preliminary decision regarding the application relating
to the siting or permitting of the covered transmission
project, including the information the siting authority found
to be dispositive, and to entertain petitions for review,
rehearing, or correction of the preliminary decision before
making a final decision; and
(9) if a covered transmission project is finally approved
by two or more siting authorities for other areas, each of
which agrees to accept a greater allocation of the project
costs on a per-mile and per-resident basis than is proposed for
area under the jurisdiction of the siting authority receiving
assistance under this section, to engage in binding arbitration
to determine a final decision on siting and permitting the
covered transmission project within the area under its own
jurisdiction.
(e) Arbitration.--If a siting authority receiving assistance under
this section enters into binding arbitration under subsection (d)(9),
the siting authority shall select an expert arbitrator who will meet
with a second expert arbitrator selected by the siting authorities from
other jurisdictions, the two arbitrators then agreeing on the selection
of a third expert arbitrator, with all three considering the options
and reaching by majority a conclusion on the best option to allow the
project to proceed in the least-impact but still feasible manner.
(f) Incentives.--The Secretary may provide economic incentives for
climate solutions to a siting authority receiving assistance under this
section that makes a final decision approving the relevant application
by the deadline required under subsection (d)(1).
(g) Outreach.--The Secretary shall notify siting authorities of the
availability of assistance under this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $75,000,000 for
each of fiscal years 2022 through 2031, to remain available until
expended.
PART 2--PUBLIC INTEREST AND ENERGY MARKET REFORMS
SEC. 220. MARKET BARRIERS TO CLEAN ENERGY DEVELOPMENT.
(a) Carbon Pricing.--The Federal Energy Regulatory Commission may
approve a carbon pricing regime that reflects the externalities
associated with greenhouse gas emissions, to be used in setting rates
and charges under sections 205 and 206 of the Federal Power Act.
(b) Right to Clean Energy.--Notwithstanding section 212(h) of the
Federal Power Act, no State may establish or enforce any law or
regulation that prohibits or unreasonably burdens the purchase of clean
electricity in interstate commerce by an ultimate consumer. Nothing in
this subsection may be construed to affect any contract in effect on
the date of enactment of this section.
(c) Mandatory Interconnection and Coordination of Facilities.--
Section 202(a) of the Federal Power Act (16 U.S.C. 824a(a)) is
amended--
(1) by striking ``voluntary''; and
(2) by adding at the end the following: ``The Commission
shall require each public utility to place its transmission
facilities under the control of an ISO or an RTO not later than
two years after the date of enactment of the CLEAN Future
Act.''.
SEC. 220A. OFFICE OF PUBLIC PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
amended--
(1) in subsection (a)(1), by inserting ``, to facilitate
communication with the public relating to, and participation by
the public in, matters under the jurisdiction of the
Commission, including under this Act and the Natural Gas Act''
before the period at the end;
(2) in subsection (b), by striking paragraph (4) and
inserting the following:
``(4) The Office shall promote, through outreach, publications,
and, as appropriate, direct communication with entities regulated by
the Commission--
``(A) improved compliance with rules and orders of the
Commission; and
``(B) public participation in matters before the
Commission.
``(5) The Director may assign staff to intervene, appear, and
participate in administrative, regulatory, or judicial proceedings on
behalf of individuals or entities intervening or participating, or
proposing to intervene or participate, in proceedings before the
Commission by representing the interests of such individuals or
entities on any matter before the Commission.
``(6) The Office shall advocate for, and act as a liaison with,
environmental justice communities (as defined in section 601 of the
CLEAN Future Act) on matters under the jurisdiction of the
Commission.''; and
(3) by adding at the end the following:
``(c) Funding.--Funding for the Office shall be derived from fees
and charges collected under section 3401 of the Omnibus Budget
Reconciliation Act of 1986.''.
SEC. 220B. PUBLIC INTEREST UNDER THE NATURAL GAS ACT.
(a) Exportation or Importation of Natural Gas; LNG Terminals.--
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) in subsection (a), by striking ``, unless, after
opportunity for hearing, it finds that the proposed exportation
or importation will not be consistent with the public
interest'' and inserting ``if, after opportunity for hearing,
it finds that the proposed exportation or importation is in the
public interest''; and
(2) by amending subsection (c) to read as follows:
``(c) Public Interest.--In making a finding under this section
regarding whether a proposed exportation or importation is in the
public interest, the Commission shall--
``(1) ensure that the potential benefits outweigh any
adverse effects; and
``(2) consider--
``(A) the climate policies of affected States;
``(B) regional infrastructure need determinations;
``(C) all environmental impacts and concerns
identified pursuant to the National Environmental
Policy Act, including any direct, indirect, and
cumulative effects on climate change; and
``(D) community and landowner impacts.''.
(b) Extension of Facilities; Abandonment of Service.--Section 7 of
the Natural Gas Act (15 U.S.C. 717f) is amended by adding at the end
the following:
``(i) Public Interest.--In making a finding under this section
regarding whether an action is in the public interest, the Commission
shall--
``(1) ensure that the potential benefits outweigh any
adverse effects; and
``(2) consider--
``(A) the climate policies of affected States;
``(B) regional infrastructure need determinations;
``(C) all environmental impacts and concerns
identified pursuant to the National Environmental
Policy Act, including any direct, indirect, and
cumulative effects on climate change; and
``(D) community and landowner impacts.''.
SEC. 220C. MODIFICATIONS TO EXERCISE OF THE RIGHT OF EMINENT DOMAIN BY
HOLDER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY.
(a) Requirement.--Section 7(h) of the Natural Gas Act (15 U.S.C.
717f(h)) is amended--
(1) by striking ``When any holder'' and inserting the
following: ``(1) Subject to paragraph (2), when any holder'';
and
(2) by adding at the end the following new paragraphs:
``(2) A holder of a certificate of public convenience and necessity
may not exercise the right of eminent domain under paragraph (1) unless
the holder--
``(A) obtains all Federal and State permits required by law
for the construction and operation of pipeline facilities; and
``(B) complies with all environmental conditions appended
to the certificate order.
``(3) A holder of a certificate of public convenience and necessity
shall be suspended from the exercise of the right of eminent domain
under paragraph (1)--
``(A) if the holder requests a material amendment to the
certificate, until such time as the conditions in paragraph (4)
are satisfied; or
``(B) if a Federal or State permit held by the holder is
vacated or remanded, until such time as--
``(i) all vacated or remanded permits are
reinstated or reissued to the holder; and
``(ii) the holder complies with all environmental
conditions appended to the certificate order.
``(4) A holder of a certificate of public convenience and necessity
who requests a material amendment to the certificate and has the
exercise of the right of eminent domain suspended under paragraph
(3)(A) may not commence a new action or proceeding to exercise the
right of eminent domain under paragraph (1) until such time as--
``(A) the Commission issues an amended certificate of
public convenience and necessity; and
``(B) the holder--
``(i) obtains all additional Federal and State
permits required by law pursuant to the amended
certificate; and
``(ii) complies with all environmental conditions
appended to the amended certificate order.
``(5) A holder of a certificate of public convenience and necessity
may not exercise the right of eminent domain under paragraph (1) if the
applicable pipe line or pipe lines, necessary land or other property,
or equipment necessary to the proper operation of such pipe line or
pipe lines to be constructed, operated, and maintained is attached to
any facility with respect to which an order is required under section
3.''.
(b) Effective Date.--The amendments made by this section shall
apply--
(1) to any action or proceeding for eminent domain under
section 7(h)(1) of the Natural Gas Act, as amended by this
section, commencing on or after the date of enactment of this
Act; and
(2) to any request for a material amendment to a
certificate of public convenience and necessity occurring on or
after the date of enactment of this Act.
Subtitle C--Public Utility Regulatory Policies Act Reform
SEC. 221. CONSIDERATION OF ENERGY STORAGE SYSTEMS.
(a) In General.--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) Consideration of energy storage systems.--Each State
shall consider requiring that, as part of a supply side
resource planning process, an electric utility of the State
demonstrate to the State that the electric utility considered
an investment in energy storage systems based on appropriate
factors, including--
``(A) total costs and normalized life cycle costs;
``(B) cost effectiveness;
``(C) improved reliability;
``(D) security; and
``(E) system performance and efficiency.''.
(b) 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 the State regulatory
authority 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 enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State regulatory
authority 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).''.
(c) Failure To Comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by
adding at the end the following: ``In the case of the standard
established by paragraph (20) of section 111(d), the reference
contained in this subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of such paragraph
(20).''.
(d) 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.''.
(e) Prior and Pending Proceedings.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by
adding at the end the following: ``In the case of the standard
established by paragraph (20) of section 111(d), the reference
contained in this section to the date of the enactment of this Act
shall be deemed to be a reference to the date of enactment of such
paragraph (20).''.
SEC. 222. COORDINATION OF PROGRAMS.
To the maximum extent practicable, the Secretary of Energy shall
ensure that the funding and administration of the different offices
within the Grid Modernization Initiative of the Department of Energy
and other programs conducting energy storage research are coordinated
and streamlined.
SEC. 223. PROMOTING CONSIDERATION AND UTILIZATION OF NON-WIRES
SOLUTIONS.
(a) Consideration of Non-Wires Solutions by State Regulatory
Authorities.--Section 111(d) of the Public Utility Regulatory Policies
Act of 1978 ((16 U.S.C. 2621(d)) is further amended by adding at the
end the following:
``(21) Non-wires solutions.--
``(A) In general.--Each electric utility shall
implement non-wires solutions when appropriate.
``(B) Definition of non-wires solution.--The term
`non-wires solution' means an electricity grid
investment or project that uses one or more
nontraditional solutions, including distributed
generation, energy storage, energy efficiency, demand
response, microgrids, or grid software and controls, to
defer or replace the need for specific equipment
upgrades or new infrastructure, such as transmission or
distribution lines or transformers, at a substation or
circuit level.
``(C) Cost recovery.--To reduce the costs to
ratepayers associated with potential upgrades to
transmission or distribution infrastructure, the cost
of a non-wires solution implemented under subparagraph
(A) shall be recovered from ratepayers in the same
manner as an upgrade to transmission or distribution
infrastructure would have been recovered.''.
(b) Time Limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is further amended
by adding at the end the following:
``(8)(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 the State 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 (21) 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 the State 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 (21) of section 111(d).''.
(c) Failure To Comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is further amended
by--
(1) striking ``(b)(2)'' and inserting ``(b)''; and
(2) adding at the end the following: ``In the case of the
standard established by paragraph (21) of section 111(d), the
reference contained in this subsection to the date of enactment
of this Act shall be deemed to be a reference to the date of
enactment of that paragraph (21).''.
(d) Prior State Actions.--Section 112(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is amended in the
matter preceding paragraph (1) by striking ``(19)'' and inserting
``(21)''.
SEC. 224. CONTRACT OPTIONS FOR QUALIFIED FACILITIES.
Section 210 of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-3) is amended by adding at the end the following:
``(o) Contract Options for Qualified Facilities.--The Commission
shall require that qualifying facilities have the option to enter a
fixed price contract whose term is at least as long as the term on
which the incumbent utility recovers invests in new generation, whether
self-built or in the form of a long-term power purchase agreement.''.
SEC. 225. ESTABLISHMENT OF COMMUNITY SOLAR PROGRAMS.
(a) In General.--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:
``(21) Community solar programs.--Each electric utility
shall offer a community solar program that provides all
ratepayers, including low-income ratepayers, equitable and
demonstrable access to such community solar program. For the
purposes of this paragraph, the term `community solar program'
means a service provided to any electric consumer that the
electric utility serves through which the value of electricity
generated by a community solar facility may be used to offset
charges billed to the electric consumer by the electric
utility. A `community solar facility' is--
``(A) a solar photovoltaic system that allocates
electricity to multiple electric consumers of an
electric utility;
``(B) connected to a local distribution of the
electric utility;
``(C) located either on or off the property of the
electric consumers; and
``(D) may be owned by an electric utility, an
electric consumer, or a third party.''.
(b) Compliance.--
(1) 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:
``(8)(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 the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (21) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (21) of section 111(d).''.
(2) Failure to comply.--
(A) In general.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(c)) is amended--
(i) by striking ``such paragraph (14)'' and
all that follows through ``paragraphs (16)''
and inserting ``such paragraph (14). In the
case of the standard established by paragraph
(15) of section 111(d), the reference contained
in this subsection to the date of enactment of
this Act shall be deemed to be a reference to
the date of enactment of that paragraph (15).
In the case of the standards established by
paragraphs (16)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (21) of section 111(d), the reference
contained in this subsection to the date of
enactment of this Act shall be deemed to be a
reference to the date of enactment of that
paragraph (21).''.
(B) Technical correction.--
(i) In general.--Section 1254(b) of the
Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 971) is amended--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3)
as paragraph (2).
(ii) Treatment.--The amendment made by
paragraph (2) of section 1254(b) of the Energy
Policy Act of 2005 (Public Law 109-58; 119
Stat. 971) (as in effect on the day before the
date of enactment of this Act) is void, and
section 112(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622(d)) shall
be in effect as if those amendments had not
been enacted.
(3) Prior state actions.--
(A) In general.--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:
``(h) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (21) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) is amended by adding at the end the following:
``In the case of the standard established by paragraph
(21) of section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
that paragraph (21).''.
SEC. 226. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION GRANTS.
Section 609 of the Public Utility Regulatory Policies Act of 1978
(7 U.S.C. 918c) is amended--
(1) in section (a)--
(A) in paragraph (1), by striking ``or
municipality'' and inserting ``, municipality, or
Indian Tribe'';
(B) in paragraph (5), by striking ``10,000'' and
inserting ``20,000''; and
(C) by adding at the end the following new
paragraph:
``(6) Economically distressed community.--The term
`economically distressed community' means a unit of local
government, municipality, or Indian Tribe--
``(A) that is located within a 75 mile radius of an
electric generating unit that primarily uses coal as a
fuel source; and
``(B) that is significantly impacted by the closure
of such electric generating unit occurring on or after
January 1, 2010, including by, as a result of such
closure, experiencing--
``(i) a net labor loss at least 50 workers
who lost employment directly from, or
employment associated with, such electric
generating unit, including an associated mine;
``(ii) a net revenue loss of over 25
percent compared to the previous fiscal year,
in terms of tax revenue, lease payments, or
royalties directly from or associated with such
electric generating station, including an
associated mine; or
``(iii) an increase in the cost of
electricity for applicable electric consumers
of at least 10 percent from the previous
applicable calendar year.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or the deployment of
energy storage technologies'' after ``energy
efficiency''; and
(ii) by striking ``areas; or'' and
inserting ``areas or economically distressed
communities;'';
(B) in paragraph (2), by striking ``rural areas.''
and inserting ``rural areas or economically distressed
communities; or''; and
(C) by adding at the end the following:
``(3) refurbishing, redeveloping, or repurposing electric
generating facilities that primarily consume coal as a fuel
source that have recently ceased operation, or will cease
operation in the near future, for manufacturing, including
clean energy technologies or materials.''; and
(3) in subsection (d)--
(A) by striking ``$20,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``2006 through 2012'' and inserting
``2022 through 2031''.
Subtitle D--Electricity Infrastructure Modernization and Resilience
SEC. 230. 21ST CENTURY POWER GRID.
(a) In General.--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, a distribution system; and
(2) projects related to transmission system planning and
operation.
(b) Eligible Projects.--Projects for which an eligible partnership
may receive financial assistance under subsection (a)--
(1) shall be designed to improve the resiliency,
performance, or efficiency of the electric grid, while ensuring
the continued provision of safe, secure, reliable, and
affordable power;
(2) may be designed to deploy a new product or technology
that could be used by customers of an electric utility; and
(3) shall demonstrate--
(A) secure integration and management of energy
resources, including through distributed energy
generation, combined heat and power, microgrids, energy
storage, electric vehicles charging infrastructure,
energy efficiency, demand response, or controllable
loads; 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) an entity that develops and provides
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 the Secretary of Energy to carry out this section
$700,000,000 for each of fiscal years 2022 through 2031, to remain
available until expended.
SEC. 231. MICROGRIDS.
(a) Definitions.--In this section:
(1) Hybrid microgrid system.--The term ``hybrid microgrid
system'' means a stand-alone electrical system that--
(A) is comprised of conventional generation and at
least 1 alternative energy resource; and
(B) may use grid-scale energy storage.
(2) Isolated community.--The term ``isolated community''
means a community that is powered by a stand-alone electric
generation and distribution system without the economic and
reliability benefits of connection to a regional electric grid.
(3) Microgrid system.--The term ``microgrid system'' means
a stand-alone electrical system that uses grid-scale energy
storage.
(4) Strategy.--The term ``strategy'' means the strategy
developed pursuant to subsection (b)(2)(B).
(b) Program.--
(1) Establishment.--The Secretary shall establish a program
to promote the development of--
(A) hybrid microgrid systems for isolated
communities; and
(B) microgrid systems to increase the resilience of
critical infrastructure.
(2) Phases.--The program established under paragraph (1)
shall be divided into the following phases:
(A) Phase I, which shall consist of the development
of a feasibility assessment for--
(i) hybrid microgrid systems in isolated
communities; and
(ii) microgrid systems to enhance the
resilience of critical infrastructure.
(B) Phase II, which shall consist of the
development of an implementation strategy, in
accordance with paragraph (3), to promote the
development of hybrid microgrid systems for isolated
communities, particularly for those communities exposed
to extreme weather conditions and high energy costs,
including electricity, space heating and cooling, and
transportation.
(C) Phase III, which shall be carried out in
parallel with Phase II and consist of the development
of an implementation strategy to promote the
development of microgrid systems that increase the
resilience of critical infrastructure.
(D) Phase IV, which shall consist of cost-shared
demonstration projects, based upon the strategies
developed under subparagraph (B) that include the
development of physical and cybersecurity plans to take
appropriate measures to protect and secure the electric
grid.
(E) Phase V, which shall establish a benefits
analysis plan to help inform regulators, policymakers,
and industry stakeholders about the affordability,
environmental and resilience benefits associated with
Phases II, III, and IV.
(3) Requirements for strategy.--In developing the strategy
under paragraph (2)(B), the Secretary shall consider--
(A) establishing future targets for the economic
displacement of conventional generation using hybrid
microgrid systems, including displacement of
conventional generation used for electric power
generation, heating and cooling, and transportation;
(B) the potential for renewable resources,
including wind, solar, and hydropower, to be integrated
into a hybrid microgrid system;
(C) opportunities for improving the efficiency of
existing hybrid microgrid systems;
(D) the capacity of the local workforce to operate,
maintain, and repair a hybrid microgrid system;
(E) opportunities to develop the capacity of the
local workforce to operate, maintain, and repair a
hybrid microgrid system;
(F) leveraging existing capacity within local or
regional research organizations, such as organizations
based at institutions of higher education, to support
development of hybrid microgrid systems, including by
testing novel components and systems prior to field
deployment;
(G) the need for basic infrastructure to develop,
deploy, and sustain a hybrid microgrid system;
(H) input of traditional knowledge from local
leaders of isolated communities in the development of a
hybrid microgrid system;
(I) the impact of hybrid microgrid systems on
defense, homeland security, economic development, and
environmental interests;
(J) opportunities to leverage existing interagency
coordination efforts and recommendations for new
interagency coordination efforts to minimize
unnecessary overhead, mobilization, and other project
costs; and
(K) any other criteria the Secretary determines
appropriate.
(c) Collaboration.--The program established under subsection (b)(1)
shall be carried out in collaboration with relevant stakeholders,
including, as appropriate--
(1) States;
(2) Indian Tribes;
(3) regional entities and regulators;
(4) units of local government;
(5) institutions of higher education; and
(6) private sector entities.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter until calendar year 2026, the
Secretary shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the efforts to implement the program
established under subsection (b)(1) and the status of the strategy
developed under subsection (b)(2)(B).
SEC. 232. STRATEGIC TRANSFORMER RESERVE PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a
program to reduce the vulnerability of the electric grid to physical
attack, cyber attack, electromagnetic pulse, geomagnetic disturbances,
severe weather, climate change, and seismic events, including by--
(1) ensuring that large power transformers, generator step-
up transformers, and other critical electric grid equipment are
strategically located to ensure timely replacement of such
equipment as may be necessary to restore electric grid function
rapidly in the event of severe damage to the electric grid due
to physical attack, cyber attack, electromagnetic pulse,
geomagnetic disturbances, severe weather, climate change, or
seismic events; and
(2) establishing a coordinated plan to facilitate
transportation of large power transformers and other critical
electric grid equipment.
(b) Transformer Resilience and Advanced Components Program.--The
program established under subsection (a) shall include implementation
of the Transformer Resilience and Advanced Components program to--
(1) improve large power transformers and other critical
electric grid equipment by reducing their vulnerabilities; and
(2) develop, test, and deploy innovative equipment designs
that are more flexible and offer greater resiliency of electric
grid functions.
(c) Strategic Equipment Reserves.--
(1) Authorization.--In carrying out the program established
under subsection (a), the Secretary may establish one or more
federally owned strategic equipment reserves, as appropriate,
to ensure nationwide access to reserve equipment.
(2) Consideration.--In establishing any federally owned
strategic equipment reserve, the Secretary may consider
existing spare transformer and equipment programs and
requirements established by the private sector, regional
transmission operators, independent system operators, and State
regulatory authorities.
(d) Consultation.--The program established under subsection (a)
shall be carried out in consultation with the Federal Energy Regulatory
Commission, the Electricity Subsector Coordinating Council, the
Electric Reliability Organization, and owners and operators of critical
electric infrastructure and defense and military installations.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2022 through 2031.
SEC. 233. DEPARTMENT OF ENERGY SUPPORT TO REPOWER COMMUNITIES.
(a) Program.--The Secretary of Energy shall conduct a program to
provide information and technical assistance to State, local, Tribal,
and territorial governments and relevant land and infrastructure asset
owners, to support the redevelopment of sites that have, or previously
had, one or more retired fossil fuel-powered electric generating units,
including redevelopment of such sites through--
(1) deployment of zero-emissions electricity, including
electricity generated from wind, solar, nuclear, hydropower,
and geothermal energy;
(2) deployment of energy storage resources;
(3) use of existing and underutilized electric transmission
and distribution infrastructure associated with such sites; and
(4) economic development opportunities for energy-intensive
industries, including data centers.
(b) Public Inventory.--In carrying out the program conducted under
subsection (a), the Secretary may inventory and characterize sites
described in such subsection, including the energy and security
infrastructure of such sites, and make such inventory and
characterizations available to the public.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2031.
SEC. 234. ENVIRONMENTAL PROTECTION AGENCY SUPPORT TO REPOWER
COMMUNITIES.
Section 104 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by
adding at the end the following:
``(l) Repowering Communities Grant Program.--
``(1) Establishment.--The Administrator shall establish a
program to provide grants to eligible entities to carry out
inventory, characterization, assessment, planning, feasibility
analysis, design, or remediation activities at sites that have
or previously had 1 or more retired fossil fuel-powered
electric generating units.
``(2) Prioritization of grants.--The Administrator shall
prioritize awarding grants to eligible entities who intend to
develop or deploy clean energy projects at sites described in
paragraph (1).
``(3) Definitions.--In this subsection:
``(A) Clean energy project.--The term `clean energy
project' means a project that--
``(i) is anticipated to generate
electricity without emitting greenhouse gases,
such as wind, solar, nuclear, hydropower, and
geothermal energy; or
``(ii) stores energy.
``(B) Eligible entity.--The term `eligible entity'
means--
``(i) a general purpose unit of local
government;
``(ii) a land clearance authority or other
quasi-governmental entity that operates under
the supervision and control of or as an agent
of a general purpose unit of local government;
``(iii) a government entity created by a
State legislature;
``(iv) a regional council or group of
general purpose units of local government;
``(v) a redevelopment agency that is
chartered or otherwise sanctioned by a State;
``(vi) a State;
``(vii) an Indian Tribe other than in
Alaska;
``(viii) an Alaska Native Regional
Corporation and an Alaska Native Village
Corporation as those terms are defined in the
Alaska Native Claims Settlement Act and the
Metlakatla Indian community;
``(ix) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of that Code;
``(x) a limited liability corporation in
which all managing members are organizations
described in clause (ix) or limited liability
corporations whose sole members are
organizations described in clause (ix);
``(xi) a limited partnership in which all
general partners are organizations described in
clause (ix) or limited liability corporations
whose sole members are organizations described
in clause (ix); or
``(xii) a qualified community development
entity (as defined in section 45D(c)(1) of the
Internal Revenue Code of 1986).
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended, for each of fiscal years 2022
through 2031.''.
SEC. 235. DAM SAFETY.
(a) Dam Safety Conditions.--Section 10 of the Federal Power Act (16
U.S.C. 803) is amended by adding at the end the following:
``(k) That the dam and other project works meet the Commission's
dam safety requirements and that the licensee shall continue to manage,
operate, and maintain the dam and other project works in a manner that
ensures dam safety and public safety under the operating conditions of
the license.''.
(b) Dam Safety Requirements.--Section 15 of the Federal Power Act
(16 U.S.C. 808) is amended by adding at the end the following:
``(g) The Commission may issue a new license under this section
only if the Commission determines that the dam and other project works
covered by the license meet the Commission's dam safety requirements
and that the licensee can continue to manage, operate, and maintain the
dam and other project works in a manner that ensures dam safety and
public safety under the operating conditions of the new license.''.
(c) Viability Procedures.--The Federal Energy Regulatory Commission
shall establish procedures to assess the financial viability of an
applicant for a license under the Federal Power Act to meet applicable
dam safety requirements and to operate the dam and project works under
the license.
(d) FERC Dam Safety Technical Conference With States.--
(1) Technical conference.--Not later than April 1, 2022,
the Federal Energy Regulatory Commission, acting through the
Office of Energy Projects, shall hold a technical conference
with the States to discuss and provide information on--
(A) dam maintenance and repair;
(B) Risk Informed Decision Making (RIDM);
(C) climate and hydrological regional changes that
may affect the structural integrity of dams; and
(D) high hazard dams.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
fiscal year 2022.
(3) State defined.--In this subsection, the term ``State''
has the meaning given such term in section 3 of the Federal
Power Act (16 U.S.C. 796).
(e) Required Dam Safety Communications Between FERC and States.--
(1) In general.--The Commission, acting through the Office
of Energy Projects, shall notify a State within which a project
is located when--
(A) the Commission issues a finding, following a
dam safety inspection, that requires the licensee for
such project to take actions to repair the dam and
other project works that are the subject of such
finding;
(B) after a period of 5 years starting on the date
a finding under subparagraph (A) is issued, the
licensee has failed to take actions to repair the dam
and other project works, as required by such finding;
and
(C) the Commission initiates a non-compliance
proceeding or otherwise takes steps to revoke a license
issued under section 4 of the Federal Power Act (16
U.S.C. 797) due to the failure of a licensee to take
actions to repair a dam and other project works.
(2) Notice upon revocation, surrender, or implied surrender
of a license.--If the Commission issues an order to revoke a
license or approve the surrender or implied surrender of a
license under the Federal Power Act (16 U.S.C. 792 et seq.),
the Commission shall provide to the State within which the
project that relates to such license is located--
(A) all records pertaining to the structure and
operation of the applicable dam and other project
works, including, as applicable, any dam safety
inspection reports by independent consultants,
specifications for required repairs or maintenance of
such dam and other project works that have not been
completed, and estimates of the costs for such repairs
or maintenance;
(B) all records documenting the history of
maintenance or repair work for the applicable dam and
other project works;
(C) information on the age of the dam and other
project works and the hazard classification of the dam
and other project works;
(D) the most recent assessment of the condition of
the dam and other project works by the Commission;
(E) as applicable, the most recent hydrologic
information used to determine the potential maximum
flood for the dam and other project works; and
(F) the results of the most recent risk assessment
completed on the dam and other project works.
(3) Definition.--In this subsection:
(A) Commission.--The term ``Commission'' means the
Federal Energy Regulatory Commission.
(B) Licensee.--The term ``licensee'' has the
meaning given such term in section 3 of the Federal
Power Act (16 U.S.C. 796).
(C) Project.--The term ``project'' has the meaning
given such term in section 3 of the Federal Power Act
(16 U.S.C. 796).
SEC. 236. CLEAN ENERGY MICROGRID GRANT PROGRAM.
(a) In General.--The Secretary of Energy shall establish and carry
out a program to provide grants to eligible entities.
(b) Use of Funds.--An eligible entity may use a grant provided
under the program established pursuant to subsection (a) to--
(1) obtain technical assistance to--
(A) upgrade building codes and standards for
resiliency to climate change hazards (including
wildfires, flooding, sea level rise, landslides,
drought, storms, temperature extremes, and other
extreme weather events);
(B) develop a FEMA Hazard Mitigation Plan to
identify and overcome known climate change hazards to
critical community infrastructure; or
(C) conduct a needs assessment of prospective clean
energy microgrid projects and, as applicable, design
prospective clean energy microgrids, including
assistance to address permitting and siting challenges,
understand and facilitate financing options, and
understand the technical characteristics of clean
energy microgrids;
(2) provide community outreach and collaborative planning
with respect to a prospective project described in paragraph
(3); or
(3) carry out a project to develop and construct--
(A) a clean energy microgrid that supports critical
community infrastructure; or
(B) a clean energy microgrid for residences of
medical baseline customers.
(c) Priority.--
(1) In general.--In providing grants under the program
established pursuant to subsection (a), the Secretary of Energy
shall give priority to an eligible entity that proposes to use
a grant to obtain technical assistance described in subsection
(b)(1), provide outreach described in subsection (b)(2), or
carry out a project described in subsection (b)(3), that will
benefit an environmental justice community.
(2) Technical assistance and community outreach grants.--
After priority given under paragraph (1), in providing grants
to obtain technical assistance described in subsection (b)(1)
or provide outreach described in subsection (b)(2), the
Secretary of Energy shall give priority to an eligible entity
proposing to obtain technical assistance or provide outreach
that the Secretary of Energy determines will further the
development of clean energy microgrids that are community-owned
energy systems.
(3) Clean energy microgrid grants.--After priority given
under paragraph (1), in providing grants under the program
established pursuant to subsection (a) for projects described
in subsection (b)(3), the Secretary of Energy shall give
priority to an eligible entity that--
(A) proposes to develop and construct a clean
energy microgrid that, in comparison to other clean
energy microgrids for which grants are sought under
such program, will result in the greatest reduction--
(i) of greenhouse gas emissions;
(ii) of emissions of criteria air
pollutants;
(iii) in public health disparities in
communities experiencing a disproportionate
level of air pollution; or
(iv) in the energy cost burden for
communities;
(B) proposes to develop and construct a clean
energy microgrid that is a community-owned energy
system;
(C) proposes to develop and construct a clean
energy microgrid that, in comparison to other clean
energy microgrids for which grants are sought under
such program, will provide the greatest amount of
resiliency benefits to a jurisdiction in which the
microgrid is located;
(D) proposes to develop and construct a clean
energy microgrid that minimizes land use impacts by--
(i) siting sources of clean energy within
the already-built environment, including over
rooftops and parking lots;
(ii) siting sources of clean energy on
existing brownfield sites or contaminated
sites;
(iii) co-locating sources of clean energy
on agricultural lands or over reservoirs; or
(iv) siting sources of clean energy on
compatible lands;
(E) proposes to, in developing and constructing a
clean energy microgrid, utilize or involve small
businesses or nonprofits that primarily operate or are
located within environmental justice communities,
particularly those that are women-owned and operated or
minority-owned and operated;
(F) has previously received a grant to obtain
technical assistance under such program;
(G) imposes registered apprentice utilization
requirements on projects, provided that such
requirements comply with the apprentice to journey
worker ratios established by the Department of Labor or
the applicable State Apprenticeship Agency; or
(H) proposes to develop and construct a clean
energy microgrid in an area designated nonattainment
and classified as an Extreme Area or Severe Area for
one or more criteria air pollutants.
(d) Educational Outreach Program.--
(1) In general.--Not later than 90 days after funds are
made available to carry out this section, the Secretary of
Energy shall develop and carry out an educational outreach
program to inform eligible entities about the program
established pursuant to subsection (a).
(2) Contracts.--The Secretary of Energy may enter into
third-party contracts to implement the educational outreach
program under paragraph (1). In entering into contracts
pursuant to this paragraph, the Secretary shall prioritize
entering into contracts with women-owned and operated or
minority-owned and operated entities.
(3) Priority.--The educational outreach program under
paragraph (1) shall prioritize--
(A) providing information on the program
established pursuant to subsection (a) to eligible
entities that serve an environmental justice community
and to environmental justice communities; and
(B) promoting public understanding of the community
benefits of clean energy microgrids for critical
community infrastructure.
(e) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of technical assistance, outreach, or
a project for which a grant is provided pursuant to the program
established pursuant to subsection (a) shall not exceed 60
percent of such cost.
(2) Environmental justice community.--The Federal share of
the cost of technical assistance that is obtained for, outreach
that is provided to, or a project that is carried out in, an
environmental justice community, and for which a grant is
provided pursuant to the program established pursuant to
subsection (a) shall not exceed 90 percent of such cost.
(f) Limitation on Amount.--The amount of a grant provided to an
eligible entity under this section to carry out a project described in
subsection (b)(3) may not exceed $10,000,000.
(g) Use of American Iron, Steel, and Manufactured Goods.--
(1) No funds authorized under this section shall be made
available with respect to a project unless all of the iron,
steel, and manufactured goods used in the project are produced
in the United States.
(2) Paragraph (1) shall not apply in any case or category
of cases in which the Secretary of Energy finds that--
(A) applying paragraph (1) would be inconsistent
with the public interest;
(B) iron, steel, and the relevant manufactured
goods are not produced in the United States in
sufficient and reasonably available quantities and of a
satisfactory quality; or
(C) inclusion of iron, steel, and manufactured
goods produced in the United States will increase the
cost of the overall project by more than 25 percent.
(3) If the Secretary of Energy receives a request for a
waiver under this subsection, the Secretary shall make
available to the public on an informal basis a copy of the
request and information available to the Secretary concerning
the request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based on
the request. The Secretary shall make the request and
accompanying information available by electronic means,
including on the official public website of the Department of
Energy.
(4) This subsection shall be applied in a manner consistent
with the United States obligations under international
agreements.
(h) Prevailing Wages.--All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration, or repair work assisted, in whole or in part, by a grant
under this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code. With respect to the labor standards in
this subsection, 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.
(i) Project Labor.--An eligible entity that uses a grant provided
under this section to construct a clean energy microgrid shall ensure,
to the greatest extent practicable, that any subgrantee of such
eligible entity, and any subgrantee thereof, that carries out such
construction employs at least 40 percent of laborers or mechanics for
such construction that are individuals who--
(1) are domiciled, if the applicable construction area is--
(A) a major urban area, not further than 15 miles
from such construction area; or
(B) not a major urban area, not further than 50
miles from such construction area;
(2) are displaced and unemployed energy workers;
(3) are members of the Armed Forces serving on active duty,
separated from active duty, or retired from active duty;
(4) have been incarcerated or served time in a juvenile or
adult detention or correctional facility, or been placed on
probation, community supervision, or in a diversion scheme;
(5) have a disability;
(6) are homeless;
(7) are receiving public assistance;
(8) lack a general education diploma or high school
diploma;
(9) are emancipated from the foster care system;
(10) reside or work in an environmental justice community;
or
(11) are registered apprentices with fewer than 15 percent
of the required graduating apprentice hours in a program.
(j) Reports.--The Secretary of Energy shall submit to Congress, and
make available on the public website of the Department of Energy, an
annual report on the program established pursuant to subsection (a)
that includes, with respect to the previous year--
(1) the number of grants provided;
(2) the total dollar amount of all grants provided;
(3) a list of grant disbursements by State;
(4) for each grant provided--
(A) a description of the technical assistance
obtained, outreach provided, or project carried out
with grants funds; and
(B) whether the grant is provided to obtain
technical assistance, provide outreach, or carry out a
project with respect to an environmental justice
community; and
(5) for each grant provided to carry out a clean energy
microgrid project--
(A) employment data for such project, including the
number of jobs created and what percent of laborers and
mechanics hired for such project meet the criteria
under subsection (i);
(B) the greenhouse gas and criteria air pollutant
reduction impacts for such project;
(C) the public health benefits from such project;
and
(D) the reduced energy cost burden from such
project.
(k) Funding.--
(1) Authorization of appropriations.--For each of fiscal
years 2022 through 2031, there is authorized to be
appropriated--
(A) $50,000,000 for grants for technical assistance
described in subsection (b)(1) and outreach described
in subsection (b)(2); and
(B) $1,500,000,000 for grants for projects
described in subsection (b)(3).
(2) Community-owned energy systems.--To the maximum extent
practicable, not less than 10 percent of the amount
appropriated under paragraph (1)(B) for any fiscal year shall
be used to provide grants for projects to develop and construct
clean energy microgrids that are community-owned energy
systems.
(3) Administrative expenses.--
(A) Technical assistance and outreach.--The
Secretary may use not more than 2 percent of the amount
appropriated for any fiscal year under paragraph (1)(A)
for administrative expenses.
(B) Clean energy microgrid projects.--The Secretary
may use not more than 2 percent of the amount
appropriated for any fiscal year under paragraph (1)(B)
for administrative expenses, including expenses for
carrying out the educational outreach program under
subsection (d).
(l) Definitions.--In this section:
(1) Clean energy.--The term ``clean energy'' means electric
energy generated from solar, wind, geothermal, existing
hydropower, micro-hydropower, hydrokinetic, or hydrogen fuel
cells.
(2) Community of color.--The term ``community of color''
has the meaning given that term in section 601.
(3) Community-owned energy system.--The term ``community-
owned energy system'' means an energy system owned--
(A) by the local government where the system is
located;
(B) by a nonprofit organization that is based in
the local jurisdiction where the energy system is
located;
(C) collectively, by community members; or
(D) by a worker-owned or community-owned for-profit
entity.
(4) Compatible land.--The term ``compatible land'' means
land that is at least 5 miles away from existing protected
areas and within 3 miles of existing transmission
infrastructure.
(5) Critical community infrastructure.--The term ``critical
community infrastructure'' means infrastructure that is
necessary to providing vital community and individual
functions, including--
(A) schools;
(B) town halls;
(C) public safety facilities;
(D) hospitals;
(E) health clinics;
(F) community centers;
(G) community nonprofit facilities providing
essential services;
(H) libraries;
(I) grocery stores;
(J) emergency management facilities;
(K) water systems;
(L) homeless shelters;
(M) senior housing; and
(N) public or affordable housing.
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a State, territory of the United States, or
Tribal agency;
(B) a local government or political subdivision of
a State, including a municipally owned electric utility
and an agency, authority, corporation, or
instrumentality of a State or Indian Tribe;
(C) an electric utility;
(D) a nonprofit organization; or
(E) a partnership between--
(i) a private entity, or a nonprofit
organization, that owns critical community
infrastructure; and
(ii) a State, territory of the United
States, Tribal agency, or local government.
(7) Environmental justice community.--The term
``environmental justice community'' has the meaning given that
term in section 601.
(8) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(9) Major urban area.--The term ``major urban area'' means
a metropolitan statistical area within the United States with
an estimated population that is greater than or equal to
1,500,000.
(10) Medical baseline customer.--The term ``medical
baseline customer'' means a customer of an electric utility
with special energy needs due to a medical condition, including
energy needs for--
(A) a motorized wheelchair;
(B) a ventilator;
(C) a dialysis machine;
(D) an apnea monitor;
(E) an electrostatic nebulizer;
(F) a respirator;
(G) medication requiring refrigeration; and
(H) for a customer with a vulnerable respiratory
system, an air cleaning system.
(11) Microgrid.--The term ``microgrid'' means an
interconnected system of loads and clean energy resources
(including distributed energy resources, energy storage, demand
response tools, and other management, forecasting, and
analytical tools) which--
(A) is appropriately sized to meet the critical
needs of its customers;
(B) is contained within a clearly defined
electrical boundary and has the ability to operate as a
single and controllable entity;
(C) has the ability to--
(i) connect to, disconnect from, or run in
parallel with the applicable grid region; or
(ii) be managed and isolated from the
applicable grid region in order to withstand
larger disturbances and maintain the supply of
electricity to a connected location;
(D) has no point of interconnection to the
applicable grid region with a throughput capacity in
excess of 20 megawatts; and
(E) can connect to one building or multiple
interconnected buildings.
(12) Micro-hydropower.--The term ``micro-hydropower'' means
hydropower that produces no more than 100 kilowatts of
electricity using the natural flow of water.
(13) Produced in the united states.--The term ``produced in
the United States'' means, in the case of iron or steel, that
all manufacturing processes, including the application of a
coating, occur in the United States.
(14) Registered apprentice.--The term ``registered
apprentice'' means a person in an apprenticeship program that
is registered with, and approved by, the United States
Department of Labor or a State Apprenticeship Agency in
accordance with parts 29 and 30 of title 29, Code of Federal
Regulations (as in effect on January 1, 2020).
(15) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' under section
3 of the Small Business Act (15 U.S.C. 632).
(16) Tribal and indigenous community.--The term ``Tribal
and indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; or
(D) any other community of indigenous people
located in a State.
Subtitle E--Clean Electricity Generation
SEC. 241. DISTRIBUTED ENERGY RESOURCES.
(a) Definitions.--In this section:
(1) Combined heat and power system.--The term ``combined
heat and power system'' means generation of electric energy and
heat in a single, integrated system that meets the efficiency
criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of
the Internal Revenue Code of 1986, under which heat that is
conventionally rejected is recovered and used to meet thermal
energy requirements.
(2) Demand response.--The term ``demand response'' means
changes in electric usage by electric utility customers from
the normal consumption patterns of the customers in response
to--
(A) changes in the price of electricity over time;
or
(B) incentive payments designed to induce lower
electricity use at times of high wholesale market
prices or when system reliability is jeopardized.
(3) Distributed energy.--The term ``distributed energy''
means energy sources and systems that--
(A) produce electric or thermal energy close to the
point of use using renewable energy resources or waste
thermal energy;
(B) generate electricity using a combined heat and
power system;
(C) distribute electricity in microgrids;
(D) store electric or thermal energy; or
(E) distribute thermal energy or transfer thermal
energy to building heating and cooling systems through
a district energy system.
(4) District energy system.--The term ``district energy
system'' means a system that provides thermal energy to
buildings and other energy consumers from one or more plants to
individual buildings to provide space heating, air
conditioning, domestic hot water, industrial process energy,
and other end uses.
(5) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(6) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(7) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and
distributed energy resources, including generators and energy
storage devices, within clearly defined electrical boundaries
that--
(A) acts as a single controllable entity with
respect to the grid; and
(B) can connect and disconnect from the grid to
operate in both grid-connected mode and island mode.
(8) Renewable energy resource.--The term ``renewable energy
resource'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and
thermal) energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(9) Renewable thermal energy.--The term ``renewable thermal
energy'' means heating or cooling energy derived from a
renewable energy resource.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Thermal energy.--The term ``thermal energy'' means--
(A) heating energy in the form of hot water or
steam that is used to provide space heating, domestic
hot water, or process heat; or
(B) cooling energy in the form of chilled water,
ice, or other media that is used to provide air
conditioning, or process cooling.
(12) Waste thermal energy.--The term ``waste thermal
energy'' means energy that--
(A) is contained in--
(i) exhaust gases, exhaust steam, condenser
water, jacket cooling heat, or lubricating oil
in power generation systems;
(ii) exhaust heat, hot liquids, or flared
gas from any industrial process;
(iii) waste gas or industrial tail gas that
would otherwise be flared, incinerated, or
vented;
(iv) a pressure drop in any gas, excluding
any pressure drop to a condenser that
subsequently vents the resulting heat;
(v) condenser water from chilled water or
refrigeration plants; or
(vi) any other form of waste energy, as
determined by the Secretary; and
(B)(i) in the case of an existing facility, is not
being used; or
(ii) in the case of a new facility, is not
conventionally used in comparable systems.
(b) Distributed Energy Loan Program.--
(1) Loan program.--
(A) In general.--Subject to the provisions of this
paragraph and paragraphs (2) and (3), the Secretary
shall establish a program to provide to eligible
entities--
(i) loans for the deployment of distributed
energy systems in a specific project; and
(ii) loans to provide funding for programs
to finance the deployment of multiple
distributed energy systems through a revolving
loan fund, credit enhancement program, or other
financial assistance program.
(B) Eligibility.--Entities eligible to receive a
loan under subparagraph (A) include--
(i) a State, territory, or possession of
the United States;
(ii) a State energy office;
(iii) a tribal organization (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));
(iv) an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)); and
(v) an electric utility, including--
(I) a rural electric cooperative;
(II) a municipally owned electric
utility; and
(III) an investor-owned utility.
(C) Selection requirements.--In selecting eligible
entities to receive loans under this subsection, the
Secretary shall, to the maximum extent practicable,
ensure--
(i) regional diversity among eligible
entities to receive loans under this section,
including participation by rural States and
small States; and
(ii) that specific projects selected for
loans--
(I) expand on the existing
technology deployment program of the
Department of Energy; and
(II) are designed to achieve one or
more of the objectives described in
subparagraph (D).
(D) Objectives.--Each deployment selected for a
loan under subparagraph (A) shall promote one or more
of the following objectives:
(i) Improved security and resiliency of
energy supply in the event of disruptions
caused by extreme weather events, grid
equipment or software failure, or terrorist
acts.
(ii) Implementation of distributed energy
in order to increase use of local renewable
energy resources and waste thermal energy
sources.
(iii) Enhanced feasibility of microgrids,
demand response, or islanding.
(iv) Enhanced management of peak loads for
consumers and the grid.
(v) Enhanced reliability in rural areas,
including high energy cost rural areas.
(E) Restrictions on use of funds.--Any eligible
entity that receives a loan under subparagraph (A) may
only use the loan to fund programs relating to the
deployment of distributed energy systems.
(2) Loan terms and conditions.--
(A) Terms and conditions.--Notwithstanding any
other provision of law, in providing a loan under this
subsection, the Secretary shall provide the loan on
such terms and conditions as the Secretary determines,
after consultation with the Secretary of the Treasury,
in accordance with this subsection.
(B) Specific appropriation.--No loan shall be made
unless an appropriation for the full amount of the loan
has been specifically provided for that purpose.
(C) Repayment.--No loan shall be made unless the
Secretary determines that there is reasonable prospect
of repayment of the principal and interest by the
borrower of the loan.
(D) Interest rate.--A loan provided under this
section shall bear interest at a fixed rate that is
equal or approximately equal, in the determination of
the Secretary, to the interest rate for Treasury
securities of comparable maturity.
(E) Term.--The term of the loan shall require full
repayment over a period not to exceed the lesser of--
(i) 20 years; or
(ii) 90 percent of the projected useful
life of the physical asset to be financed by
the loan (as determined by the Secretary).
(F) Use of payments.--Payments of principal and
interest on the loan shall--
(i) be retained by the Secretary to support
energy research and development activities; and
(ii) remain available until expended,
subject to such conditions as are contained in
annual appropriations Acts.
(G) No penalty on early repayment.--The Secretary
may not assess any penalty for early repayment of a
loan provided under this subsection.
(H) Return of unused portion.--In order to receive
a loan under this subsection, an eligible entity shall
agree to return to the general fund of the Treasury any
portion of the loan amount that is unused by the
eligible entity within a reasonable period of time
after the date of the disbursement of the loan, as
determined by the Secretary.
(I) Comparable wage rates.--Each laborer and
mechanic employed by a contractor or subcontractor in
performance of construction work financed, in whole or
in part, by the loan shall be paid wages at rates not
less than the rates prevailing on similar construction
in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of title
40, United States Code.
(3) Rules and procedures; disbursement of loans.--
(A) Rules and procedures.--Not later than 180 days
after the date of enactment of this Act, the Secretary
shall adopt rules and procedures for carrying out the
loan program under paragraph (1).
(B) Disbursement of loans.--Not later than 1 year
after the date on which the rules and procedures under
subparagraph (A) are established, the Secretary shall
disburse the initial loans provided under this
subsection.
(4) Reports.--Not later than 2 years after the date of
receipt of the loan, and annually thereafter for the term of
the loan, an eligible entity that receives a loan under this
subsection shall submit to the Secretary a report describing
the performance of each program and activity carried out using
the loan, including itemized loan performance data.
(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
are necessary.
(c) Technical Assistance and Grant Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a
technical assistance and grant program (referred to in
this subsection as the ``program'')--
(i) to disseminate information and provide
technical assistance directly to eligible
entities so the eligible entities can identify,
evaluate, plan, and design distributed energy
systems; and
(ii) to make grants to eligible entities so
that the eligible entities may contract to
obtain technical assistance to identify,
evaluate, plan, and design distributed energy
systems.
(B) Technical assistance.--The technical assistance
described in subparagraph (A) shall include assistance
with one or more of the following activities relating
to distributed energy systems:
(i) Identification of opportunities to use
distributed energy systems.
(ii) Assessment of technical and economic
characteristics.
(iii) Utility interconnection.
(iv) Permitting and siting issues.
(v) Business planning and financial
analysis.
(vi) Engineering design.
(C) Information dissemination.--The information
disseminated under subparagraph (A)(i) shall include--
(i) information relating to the topics
described in subparagraph (B), including case
studies of successful examples;
(ii) computer software and databases for
assessment, design, and operation and
maintenance of distributed energy systems; and
(iii) public databases that track the
operation and deployment of existing and
planned distributed energy systems.
(2) Eligibility.--Any nonprofit or for-profit entity shall
be eligible to receive technical assistance and grants under
the program.
(3) Applications.--
(A) In general.--An eligible entity desiring
technical assistance or grants under the program shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
(B) Application process.--The Secretary shall seek
applications for technical assistance and grants under
the program--
(i) on a competitive basis; and
(ii) on a periodic basis, but not less
frequently than once every 12 months.
(C) Priorities.--In selecting eligible entities for
technical assistance and grants under the program, the
Secretary shall give priority to eligible entities with
projects that have the greatest potential for--
(i) facilitating the use of renewable
energy resources;
(ii) strengthening the reliability and
resiliency of energy infrastructure to the
impact of extreme weather events, power grid
failures, and interruptions in supply of fossil
fuels;
(iii) improving the feasibility of
microgrids or islanding, particularly in rural
areas, including high energy cost rural areas;
(iv) minimizing environmental impact,
including regulated air pollutants and
greenhouse gas emissions; and
(v) maximizing local job creation.
(4) Grants.--On application by an eligible entity, the
Secretary may award grants to the eligible entity to provide
funds to cover not more than--
(A) 100 percent of the costs of the initial
assessment to identify opportunities;
(B) 75 percent of the cost of feasibility studies
to assess the potential for the implementation;
(C) 60 percent of the cost of guidance on
overcoming barriers to implementation, including
financial, contracting, siting, and permitting issues;
and
(D) 45 percent of the cost of detailed engineering.
(5) Rules and procedures.--
(A) Rules.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall adopt
rules and procedures for carrying out the program.
(B) Grants.--Not later than 120 days after the date
of issuance of the rules and procedures for the
program, the Secretary shall issue grants under this
subsection.
(6) Reports.--The Secretary shall submit to Congress and
make available to the public--
(A) not less frequently than once every 2 years, a
report describing the performance of the program under
this subsection, including a synthesis and analysis of
the information provided in the reports submitted to
the Secretary under subsection (b)(4); and
(B) on termination of the program under this
subsection, an assessment of the success of, and
education provided by, the measures carried out by
eligible entities during the term of the program.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $250,000,000
for the period of fiscal years 2022 through 2031, to remain
available until expended.
SEC. 242. GRANT PROGRAM FOR SOLAR INSTALLATIONS LOCATED IN, OR THAT
SERVE, LOW-INCOME AND UNDERSERVED AREAS.
(a) Definitions.--In this section:
(1) Beneficiary.--The term ``beneficiary'' means a low-
income household or a low-income household in an underserved
area.
(2) Community solar facility.--The term ``community solar
facility'' means a solar generating facility that--
(A) through a voluntary program, has multiple
subscribers that receive financial benefits that are
directly attributable to the facility;
(B) has a nameplate rating of 5 megawatts AC or
less; and
(C) is located in the utility distribution service
territory of subscribers.
(3) Community solar subscription.--The term ``community
solar subscription'' means a share in the capacity, or a
proportional interest in the electricity generation, of a
community solar facility.
(4) Covered facility.--The term ``covered facility''
means--
(A) a community solar facility--
(i) that is located in an underserved area;
or
(ii) at least 50 percent of the capacity of
which is reserved for low-income households;
(B) a solar generating facility located at a
residence of a low-income household; or
(C) a solar generating facility located at a multi-
family affordable housing complex.
(5) Covered state.--The term ``covered State'' means a
State with processes in place to ensure that covered facilities
deliver financial benefits to low-income households.
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization that provides services
to low-income households or multi-family affordable
housing complexes;
(B) a developer, owner, or operator of a community
solar facility that reserves a portion of the capacity
of the facility for subscribers who are members of low-
income households or for low-income households that
otherwise financially benefit from the facility;
(C) a covered State, or political subdivision
thereof;
(D) an Indian Tribe or a tribally owned electric
utility;
(E) a Native Hawaiian community-based organization;
(F) any other national or regional entity that has
experience developing or installing solar generating
facilities for low-income households that maximize
financial benefits to those households; and
(G) an electric cooperative or municipal electric
utility (as such terms are defined in section 3 of the
Federal Power Act).
(7) Eligible installation project.--The term ``eligible
installation project'' means a project to install a covered
facility in a covered State.
(8) Eligible planning project.--The term ``eligible
planning project'' means a project to carry out pre-
installation activities for the development of a covered
facility in a covered State.
(9) Eligible project.--The term ``eligible project''
means--
(A) an eligible planning project; or
(B) an eligible installation project.
(10) Feasibility study.--The term ``feasibility study''
means any activity to determine the feasibility of a specific
solar generating facility, including a customer interest
assessment and a siting assessment, as determined by the
Secretary.
(11) Indian tribe.--The term ``Indian Tribe'' means any
Indian Tribe, band, nation, or other organized group or
community, including any Alaska Native village, Regional
Corporation, or Village Corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(12) Interconnection service.--The term ``interconnection
service'' has the meaning given such term in section 111(d)(15)
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2621(d)(15)).
(13) Low-income household.--The term ``low-income
household'' means that income in relation to family size
which--
(A) is at or below 200 percent of the poverty level
determined in accordance with criteria established by
the Director of the Office of Management and Budget,
except that the Secretary may establish a higher level
if the Secretary determines that such a higher level is
necessary to carry out the purposes of this section;
(B) is the basis on which cash assistance payments
have been paid during the preceding 12-month period
under titles IV and XVI of the Social Security Act (42
U.S.C. 601 et seq., 1381 et seq.) or applicable State
or local law; or
(C) if a State elects, is the basis for eligibility
for assistance under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.),
provided that such basis is at least 200 percent of the
poverty level determined in accordance with criteria
established by the Director of the Office of Management
and Budget.
(14) Multi-family affordable housing complex.--The term
``multi-family affordable housing complex'' means any federally
subsidized affordable housing complex in which at least 50
percent of the units are reserved for low-income households.
(15) Native hawaiian community-based organization.--The
term ``Native Hawaiian community-based organization'' means any
organization that is composed primarily of Native Hawaiians
from a specific community and that assists in the social,
cultural, and educational development of Native Hawaiians in
that community.
(16) Program.--The term ``program'' means the program
established under subsection (b).
(17) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(18) Solar generating facility.--The term ``solar
generating facility'' means--
(A) a generator that creates electricity from light
photons; and
(B) the accompanying hardware enabling that
electricity to flow--
(i) onto the electric grid;
(ii) into a facility or structure; or
(iii) into an energy storage device.
(19) State.--The term ``State'' means each of the 50
States, the District of Columbia, Guam, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
and American Samoa.
(20) Subscriber.--The term ``subscriber'' means a person
who--
(A) owns a community solar subscription, or an
equivalent unit or share of the capacity or generation
of a community solar facility; or
(B) financially benefits from a community solar
facility, even if the person does not own a community
solar subscription for the facility.
(21) Underserved area.--The term ``underserved area''
means--
(A) a geographical area with low or no photovoltaic
solar deployment, as determined by the Secretary;
(B) a geographical area that has low or no access
to electricity, as determined by the Secretary;
(C) a geographical area with an average annual
residential retail electricity price that exceeds the
national average annual residential retail electricity
price (as reported by the Energy Information Agency) by
50 percent or more; or
(D) trust land, as defined in section 3765 of title
38, United States Code.
(b) Establishment.--The Secretary shall establish a program to
provide financial assistance to eligible entities to--
(1) carry out planning projects that are necessary to
establish the feasibility, obtain required permits, identify
beneficiaries, or secure subscribers to install a covered
facility; or
(2) install a covered facility for beneficiaries in
accordance with this section.
(c) Applications.--
(1) In general.--To be eligible to receive assistance under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(2) Inclusion for installation assistance.--
(A) Requirements.--For an eligible entity to
receive assistance for a project to install a covered
facility, the Secretary shall require the eligible
entity to include--
(i) information in the application that is
sufficient to demonstrate that the eligible
entity has obtained, or has the capacity to
obtain, necessary permits, subscribers, access
to an installation site, and any other items or
agreements necessary to comply with an
agreement under subsection (g)(1) and to
complete the installation of the applicable
covered facility;
(ii) a description of the mechanism through
which financial benefits will be distributed to
beneficiaries or subscribers; and
(iii) an estimate of the anticipated
financial benefit for beneficiaries or
subscribers.
(B) Consideration of planning projects.--The
Secretary shall consider the successful completion of
an eligible planning project pursuant to subsection
(b)(1) by the eligible entity to be sufficient to
demonstrate the ability of the eligible entity to meet
the requirements of subparagraph (A)(i).
(d) Selection.--
(1) In general.--In selecting eligible projects to receive
assistance under the program, the Secretary shall--
(A) prioritize--
(i) eligible installation projects that
will result in the most financial benefit for
subscribers, as determined by the Secretary;
(ii) eligible installation projects that
will result in development of covered
facilities in underserved areas; and
(iii) eligible projects that include
apprenticeship, job training, or community
participation as part of their application; and
(B) ensure that such assistance is provided in a
manner that results in eligible projects being carried
out on a geographically diverse basis within and among
covered States.
(2) Determination of financial benefit.--In determining the
amount of financial benefit for low-income households of an
eligible installation project, the Secretary shall ensure that
all calculations for estimated household energy savings are
based solely on electricity offsets from the applicable covered
facility and use formulas established by the State or local
government with jurisdiction over the applicable covered
facility for verifiable household energy savings estimates that
accrue to low-income households.
(e) Assistance.--
(1) Form.--The Secretary may provide assistance under the
program in the form of a grant (which may be in the form of a
rebate) or a low-interest loan.
(2) Multiple projects for same facility.--
(A) In general.--An eligible entity may apply for
assistance under the program for an eligible planning
project and an eligible installation project for the
same covered facility.
(B) Separate selections.--Selection by the
Secretary for assistance under the program of an
eligible planning project does not require the
Secretary to select for assistance under the program an
eligible installation project for the same covered
facility.
(f) Use of Assistance.--
(1) Eligible planning projects.--An eligible entity
receiving assistance for an eligible planning project under the
program may use such assistance to pay the costs of pre-
installation activities associated with an applicable covered
facility, including--
(A) feasibility studies;
(B) permitting;
(C) site assessment;
(D) on-site job training, or other community-based
activities directly associated with the eligible
planning project; or
(E) such other costs determined by the Secretary to
be appropriate.
(2) Eligible installation projects.--An eligible entity
receiving assistance for an eligible installation project under
the program may use such assistance to pay the costs of--
(A) installation of a covered facility, including
costs associated with materials, permitting, labor, or
site preparation;
(B) storage technology sited at a covered facility;
(C) interconnection service expenses;
(D) on-site job training, or other community-based
activities directly associated with the eligible
installation project;
(E) offsetting the cost of a subscription for a
covered facility described in subparagraph (A) of
subsection (a)(4) for subscribers that are members of a
low income household; or
(F) such other costs determined by the Secretary to
be appropriate.
(g) Administration.--
(1) Agreements.--
(A) In general.--As a condition of receiving
assistance under the program, an eligible entity shall
enter into an agreement with the Secretary.
(B) Requirements.--An agreement entered into under
this paragraph--
(i) shall require the eligible entity to
maintain such records and adopt such
administrative practices as the Secretary may
require to ensure compliance with the
requirements of this section and the agreement;
(ii) with respect to an eligible
installation project shall require that any
solar generating facility installed using
assistance provided pursuant to the agreement
comply with local building and safety codes and
standards; and
(iii) shall contain such other terms as the
Secretary may require to ensure compliance with
the requirements of this section.
(C) Term.--An agreement under this paragraph shall
be for a term that begins on the date on which the
agreement is entered into and ends on the date that is
2 years after the date on which the eligible entity
receives assistance pursuant to the agreement, which
term may be extended once for a period of not more than
1 year if the eligible entity demonstrates to the
satisfaction of the Secretary that such an extension is
necessary to complete the activities required by the
agreement.
(2) Use of funds.--Of the funds made available to provide
assistance to eligible installation projects under this section
over the period of fiscal years 2022 through 2031, the
Secretary shall use--
(A) not less than 50 percent to provide assistance
for eligible installation projects with respect to
which low-income households make up at least 50 percent
of the subscribers to the project; and
(B) not more than 50 percent to provide assistance
for eligible installation projects with respect to
which low-income households make up at least 25 percent
of the subscribers to the project.
(3) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register regulations to carry out this section, which
shall take effect on the date of publication.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $250,000,000 for each
of fiscal years 2022 through 2031, to remain available until
expended.
(2) Amounts for planning projects.--Of the amounts
appropriated pursuant to this section over the period of fiscal
years 2022 through 2031, the Secretary shall use not more than
15 percent of funds to provide assistance to eligible planning
projects.
(i) Relationship to Other Assistance.--The Secretary shall, to the
extent practicable, encourage eligible entities that receive assistance
under this section to leverage such funds by seeking additional funding
through federally or locally subsidized weatherization and energy
efficiency programs.
SEC. 243. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.
(a) Hydropower Licensing and Process Improvements.--Part I of the
Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the
end the following:
``SEC. 37. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.
``(a) Definition.--In this section, the term `Federal
authorization'--
``(1) means any authorization required under Federal law
with respect to an application for a license under this part;
and
``(2) includes any conditions, prescriptions, permits,
special use authorizations, certifications, opinions, or other
approvals as may be required under Federal law to approve or
implement the license under this part.
``(b) Designation as Lead Agency.--The Commission shall act as the
lead agency for the purposes of complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to an application for a license under this part.
``(c) Rulemaking To Establish Process To Set Schedule.--
``(1) Negotiated rulemaking.--Not later than 90 days after
the date of enactment of this section the Commission, the
Secretary of Agriculture, the Administrator of the National
Oceanic and Atmospheric Administration, and the Secretary of
the Interior shall enter into a negotiated rulemaking pursuant
to subchapter III of chapter 5 of title 5, United States Code,
to develop and publish a rule providing a process for the
Commission to evaluate, and issue a final decision on, a
completed application for a license under this part.
``(2) Negotiated rulemaking committee.--The negotiated
rulemaking committee established pursuant to the negotiated
rulemaking process entered into under paragraph (1) shall
include representatives of State and Indian tribal governments,
and other stakeholders who will be significantly affected by a
rule issued under this subsection.
``(3) Deadlines.--
``(A) Proposed rule.--Not later than 2 years after
the date of enactment of this section, the Commission
shall publish a proposed rule resulting from the
negotiated rulemaking under this subsection.
``(B) Final rule.--Not later than 3 years after the
date of enactment of this section, the Commission shall
publish a final rule resulting from the negotiated
rulemaking under this subsection.
``(4) Elements of rule.--In publishing a rule under this
subsection, the Commission shall ensure that--
``(A) the rule includes a description of the
Commission's responsibility as the lead agency in
coordinating Federal authorizations;
``(B) the rule includes a process for development
of a schedule for the review and disposition of a
completed application for a license under this part;
``(C) each schedule developed pursuant to such
process shall--
``(i) include deadlines for actions on the
applicable completed application--
``(I) that are consistent with the
duties of each agency under this Act
and under applicable State, tribal, and
other Federal laws; and
``(II) by--
``(aa) each Federal agency
responsible for a Federal
authorization;
``(bb) each State agency,
local government, or Indian
tribe that may consider an
aspect of an application for a
Federal authorization or is
responsible for conducting any
separate permitting and
environmental reviews of the
applicable project;
``(cc) the applicant;
``(dd) the Commission; and
``(ee) other participants
in a license proceeding;
``(ii) facilitate the identification and
completion of Federal, State, and tribal
agency-requested studies, reviews, and any
other procedures required to be conducted prior
to, or concurrent with, the preparation of the
Commission's environmental review required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), to the extent
practicable; and
``(iii) provide for a final decision on the
applicable completed application to be made by
not later than 3 years after the date on which
the Commission receives such completed
application;
``(D) the rule includes a mechanism for resolving
issues of concern that may delay the completion of a
license application or review of a completed
application;
``(E) the rule includes a definition of a completed
application; and
``(F) the rule provides for an opportunity for
public notice and comment on--
``(i) a completed application; and
``(ii) the schedule developed for the
review and disposition of the application.
``(d) Application Processing.--The Commission, Federal, State, and
local government agencies, and Indian tribes may allow an applicant
seeking a Federal authorization to fund a third-party contractor
selected by such an agency or tribe to assist in reviewing the
application. All costs of an agency or tribe incurred pursuant to
direct funding by the applicant, including all costs associated with
the third-party contractor, shall not be considered costs of the United
States for the administration of this part under section 10(e).
``(e) Issue Resolution.--The Commission may forward any issue of
concern that has delayed either the completion of the application or
the issuance of a license for a completed application beyond the
deadline set forth in the schedule established under the final rule
published under subsection (c) to the heads of the relevant State,
Federal, or Indian tribal agencies for resolution. If the Commission
forwards an issue of concern to the head of a relevant agency, the
Commission and the relevant agency shall enter into a memorandum of
understanding to facilitate interagency coordination and resolution of
the issue of concern, as appropriate.
``(f) No Effect on Other Laws.--Nothing in this section--
``(1) expands or limits the application of any power or
authority vested in an agency, State, or Indian tribe by any
applicable law or regulation;
``(2) shall be construed to affect any requirements of
State, tribal, or other Federal law (including under the
Federal Water Pollution Control Act, the Fish and Wildlife
Coordination Act, the Endangered Species Act of 1973, section
14 of the Act of March 3, 1899 (commonly known as the Rivers
and Harbors Appropriation Act of 1899), the Coastal Zone
Management Act of 1972, the Magnuson-Stevens Fishery
Conservation and Management Act, and those provisions in
subtitle III of title 54, United States Code, commonly known as
the National Historic Preservation Act) with respect to an
application for a license under this part; or
``(3) abrogates, diminishes, or otherwise affects any
treaty or other right of any Indian tribe.
``SEC. 38. LICENSING STUDY IMPROVEMENTS.
``(a) In General.--To facilitate the timely and efficient
completion of the license proceedings under this part, the Commission
shall, in consultation with applicable Federal and State agencies and
interested members of the public--
``(1) compile current and accepted best practices in
performing studies required in such license proceedings,
including methodologies and the design of studies to assess the
full range of environmental impacts of a project that reflect
the most recent peer-reviewed science;
``(2) compile a comprehensive collection of studies and
data accessible to the public that could be used to inform
license proceedings under this part; and
``(3) encourage license applicants, agencies, and Indian
tribes to develop and use, for the purpose of fostering timely
and efficient consideration of license applications, a limited
number of open-source methodologies and tools applicable across
a wide array of projects, including water balance models and
streamflow analyses.
``(b) Use of Studies.--To the extent practicable, the Commission
and other Federal, State, and local government agencies and Indian
tribes considering an aspect of an application for Federal
authorization (as defined in section 37) shall use relevant, existing
studies and data and avoid duplicating such studies that are applicable
to the project. Studies repeated for the purpose of characterizing
seasonal or annual variation of a relevant characteristic or resource
shall not be considered duplicative.
``SEC. 39. EVALUATION OF EXPEDITED LICENSING FOR QUALIFYING PROJECT
UPGRADES.
``(a) Definitions.--In this section:
``(1) Expedited license amendment process.--The term
`expedited license amendment process' means an expedited
process for issuing an amendment to an existing license issued
under this part for a project.
``(2) Qualifying project upgrade.--The term `qualifying
project upgrade' means a change--
``(A) to a project; and
``(B) that meets the criteria under subsection (b).
``(b) In General.--To improve the regulatory process and reduce the
time and cost of making upgrades to existing projects, the Commission
shall investigate the feasibility of implementing an expedited license
amendment process for a change to a project that meets the following
criteria:
``(1) The change to the project--
``(A) is limited to the power house equipment of
the project; or
``(B) will result in environmental protection,
mitigation, or enhancement measures to benefit fish and
wildlife resources or other natural or cultural
resources.
``(2) The change to the project is unlikely to adversely
affect any species listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
determined by the Secretary of the Interior.
``(3) The Commission ensures, in accordance with section 7
of the Endangered Species Act of 1973 (16 U.S.C. 1536), that
the change to the project will not result in the destruction or
modification of critical habitat.
``(4) The change to the project is consistent with any
applicable comprehensive plan under section 10(a).
``(5) The change to the project is unlikely to adversely
affect water quality and water supply, as determined in
consultation with any applicable State or Indian tribe.
``(6) Any adverse environmental effects resulting from the
change to the project will be insignificant.
``(c) Workshops and Pilots.--The Commission shall--
``(1) not later than 60 days after the date of enactment of
this section, hold an initial workshop to solicit public
comment and recommendations on how to implement an expedited
license amendment process for qualifying project upgrades;
``(2) evaluate pending applications for an amendment to an
existing license of a project for a qualifying project upgrade
that may benefit from an expedited license amendment process;
``(3) not later than 180 days after the date of enactment
of this section, identify and solicit participation by project
developers in, and begin implementation of, a 3-year pilot
program to evaluate the feasibility and utility of an expedited
license amendment process for qualifying project upgrades; and
``(4) not later than 3 months after the end of the 3-year
pilot program under paragraph (3), hold a final workshop to
solicit public comment on the expedited license amendment
process.
``(d) Memorandum of Understanding.--The Commission shall, to the
extent practicable, enter into a memorandum of understanding with any
applicable Federal, State, or tribal agency to implement the pilot
program described in subsection (c).
``(e) Reports.--Not later than 3 months after the date of the final
workshop held pursuant to subsection (c)(4), the Commission 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--
``(1) a summary of the public comments received as part of
the initial workshop held under subsection (c)(1);
``(2) a summary of the public comments received as part of
the final workshop held under subsection (c)(4);
``(3) a description of the expedited license amendment
process for qualifying project upgrades evaluated under the
pilot program, including--
``(A) a description of the procedures or
requirements that were waived under the expedited
license amendment process; and
``(B) a comparison between--
``(i) the average amount of time required
to complete the licensing process for an
amendment to a license under the expedited
license amendment process tested under the
pilot program; and
``(ii) the average amount of time required
to complete the licensing process for a similar
amendment to a license under current Commission
processes;
``(4) the number of requests received by the Commission to
participate in the expedited license amendment process for
qualifying project upgrades;
``(5) a description of changes to Commission rules required
to create and standardize an expedited license amendment
process for qualifying project upgrades; and
``(6) a description of factors that prevented any
participant in the pilot program from completing the expedited
license amendment process in the expedited timeframe.
``(f) Implementation.--If the Commission determines, based upon the
workshops and results of the pilot program under subsection (c), that
an expedited license amendment process will reduce the time and costs
for issuing amendments to licenses for qualifying project upgrades, the
Commission shall revise its policies and regulations, in accordance
with applicable law, to establish an expedited license amendment
process.
``(g) Public Input.--In carrying out subsection (f), the Commission
shall solicit and consider public comments before finalizing any change
to policies or regulations.''.
(b) Pilot Program for Consolidated Licensing Process for Intra-
Watershed Projects.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the
Federal Energy Regulatory Commission.
(B) Project.--The term ``project'' has the meaning
given such term in section 3 of the Federal Power Act
(16 U.S.C. 796).
(2) Initial workshop.--Not later than 3 months after the
date of enactment of this Act, the Commission shall hold a
workshop to solicit public comment and recommendations on how
to implement a pilot program described in paragraph (3).
(3) Establishment of pilot program.--The Commission shall
establish a voluntary pilot program to enable the Commission to
consider multiple projects together in a consolidated licensing
process in order to issue a license under part I of the Federal
Power Act (16 U.S.C. 792 et seq.) for each such project.
(4) Candidate project identification.--Not later than 1
year after the date of enactment of this Act, the Commission,
in consultation with the head of any applicable Federal or
State agency or Indian Tribe and licensees, shall identify and
solicit candidate projects to participate in the pilot program
established under paragraph (3). In order to participate in
such pilot program a project shall meet the following criteria:
(A) The current license for the project expires
between 2021 and 2030 or the project is not licensed
under part I of the Federal Power Act (16 U.S.C. 792 et
seq.).
(B) The project is located within the same
watershed as other projects that are eligible to
participate in the pilot program.
(C) The project is located in sufficiently close
proximity and has environmental conditions that are
sufficiently similar to other projects that are
eligible to participate in the pilot program so that
watershed-wide studies and information may be
developed, thereby significantly reducing the need for,
and scope of, individual project-level studies and
information.
(5) Designation of individual projects as a single group.--
The Commission may designate a group of projects to be
considered together in a consolidated licensing process under
the pilot program established under paragraph (3). The
Commission may designate such a group only if each licensee (or
applicant) for a project in the group, on a voluntary basis and
in writing, agrees--
(A) to participate in the pilot program; and
(B) to a cost-sharing arrangement with other
licensees (or applicants) and applicable Federal and
State agencies with respect to the conduct of
watershed-wide studies to be considered in support of
the license applications for the group of projects.
(6) Project license terms.--The Commission may change the
term of any existing license for an individual licensee in a
group designated under paragraph (5) by up to 5 years--
(A) to provide sufficient time to develop a
consolidated study plan for--
(i) studies for individual projects in the
group, as necessary; and
(ii) relevant watershed-wide studies for
purposes of the consolidated licensing process
under the pilot program established under
paragraph (3) that will be applicable to each
project in the group; and
(B) to align the terms of the existing licenses
such that they expire on the same date.
(7) Memorandum of understanding.--The Commission shall, to
the extent practicable, enter into a memorandum of
understanding with any applicable Federal or State agency or
Indian Tribe to implement the pilot program established under
paragraph (3).
(8) Initial report.--Not later than 3 months after the date
of the initial workshop held pursuant to paragraph (2), the
Commission 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) a summary of the public comments received as
part of such initial workshop; and
(B) a preliminary plan for identifying and
soliciting participants in the pilot program
established under paragraph (3).
(9) Interim report.--Not later than 4 years after the
establishment of the pilot program under paragraph (3), the
Commission 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) a description of the status of the pilot
program, including a description of the individual
projects that are participating in the pilot program
and the watersheds in which such projects are located;
or
(B) if no projects are participating in the pilot
program, a summary of any barriers the Commission has
identified to proceeding with the pilot program and the
reasons provided by potential participants for their
preference for using an individual license process.
(c) Interagency Communications and Cooperation.--Part I of the
Federal Power Act (16 U.S.C. 792 et seq.) is further amended by adding
at the end the following new section:
``SEC. 40. INTERAGENCY COMMUNICATIONS AND COOPERATION.
``(a) Ex Parte Communications.--Interagency communications relating
to the preparation of environmental documents under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to an application for a license under this part, or to the licensing
process for a license under this part, shall not be considered to be ex
parte communications under Commission rules.
``(b) Participation in Proceedings.--Interagency cooperation, at
any time, in the preparation of environmental documents under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to an application for a license under this part, or in the
licensing process for a license under this part, shall not preclude an
agency from participating in a licensing proceeding under this part.
``(c) Separation of Staff.--Notwithstanding subsection (a), to the
extent the Commission determines necessary, the Commission may require
Federal and State agencies participating as cooperating agencies under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
to demonstrate a separation of staff that are cooperating with the
Commission with respect to a proceeding under this part from staff that
may participate in an intervention in the applicable proceeding.''.
(d) Technical Amendments.--
(1) Alternative conditions.--Section 33(a)(2)(B) of the
Federal Power Act (16 U.S.C. 823d(a)(2)(B)) is amended, in the
matter preceding clause (i), by inserting ``deemed necessary''
before ``by the Secretary''.
(2) Licenses.--Section 4(e) of the Federal Power Act (16
U.S.C. 797(e)) is amended by striking ``adequate protection and
utilization of such reservation'' and all that follows through
``That no license affecting the navigable capacity'' and
inserting ``adequate protection and utilization of such
reservation. The license applicant and any party to the
proceeding shall be entitled to a determination on the record,
after opportunity for an agency trial-type hearing of no more
than 90 days, on any disputed issues of material fact with
respect to such conditions. All disputed issues of material
fact raised by any party shall be determined in a single trial-
type hearing to be conducted by the relevant resource agency in
accordance with the regulations promulgated under this
subsection and within the timeframe established by the
Commission for each license proceeding. Within 90 days of the
date of enactment of the Energy Policy Act of 2005, the
Secretaries of the Interior, Commerce, and Agriculture shall
establish jointly, by rule, the procedures for such expedited
trial-type hearing, including the opportunity to undertake
discovery and cross-examine witnesses, in consultation with the
Federal Energy Regulatory Commission: Provided further, That no
license affecting the navigable capacity''.
(e) Improving Consultation With Indian Tribes.--
(1) Guidance document.--
(A) In general.--Not later than one year after the
date of enactment of this Act, the Federal Energy
Regulatory Commission and the Secretary of the Interior
shall prepare, in consultation with interested Indian
Tribes, licensees under part I of the Federal Power
Act, and the public, a guidance document that
identifies best practices for the Commission, Federal
and State resource agencies, Indian Tribes, and
applicants for licenses under part I of the Federal
Power Act for effective engagement of Indian Tribes in
the consideration of applications for licenses under
part I of the Federal Power Act that may affect an
Indian reservation, a treaty, or other right of an
Indian Tribe.
(B) Updates.--The Commission and Secretary shall
update the guidance document prepared under
subparagraph (A) every 10 years.
(C) Public participation.--In preparing or updating
the guidance document, the Commission and the Secretary
shall convene public meetings at different locations in
the United States, and shall provide an opportunity for
written public comments.
(2) Public workshops.--
(A) In general.--Not later than one year after
preparing or updating the guidance document under
paragraph (1), the Commission shall convene public
workshops, held at different locations in the United
States, to inform and educate Commission staff, Federal
and State resource agencies, Indian Tribes, applicants
for licenses under part I of the Federal Power Act, and
interested members of the public, on the best practices
identified in the guidance document.
(B) Consultation.--In preparing the agenda for such
workshops, the Commission shall consult with the
Secretary of the Interior, interested Indian Tribes,
and licensees under part I of the Federal Power Act.
(f) Tribal Mandatory Conditions.--
(1) In general.--Section 4 of the Federal Power Act (16
U.S.C. 797) is amended--
(A) in subsection (e), in the first proviso, by
inserting ``, or, in the case of tribal land, subject
to subsection (h), the Indian tribe having jurisdiction
over the tribal land,'' after ``under whose supervision
such reservation falls''; and
(B) by adding at the end the following:
``(h) Tribal Mandatory Conditions.--
``(1) Criteria.--An Indian tribe may deem conditions
necessary under the first proviso of subsection (e) only if the
Secretary of the Interior (referred to in this subsection as
the `Secretary') determines that the Indian tribe has--
``(A) confirmed the intent of the Indian tribe to
deem conditions necessary under the first proviso of
subsection (e) by resolution or other official action
by the governing body of the Indian tribe;
``(B) demonstrated financial stability and
financial management capability over the 3-fiscal-year
period preceding the date of the determination of the
Secretary under this paragraph; and
``(C) demonstrated the ability to plan, conduct,
and administer all services, functions, and activities
that would otherwise be administered by the Secretary
with respect to deeming conditions necessary on tribal
land under the first proviso of subsection (e).
``(2) Determination on request.--On request of an Indian
tribe, not later than 1 year after the date on which the
Secretary receives the request, the Secretary shall make the
determination under paragraph (1).
``(3) Withdrawal of determination.--
``(A) In general.--Subject to subparagraph (B), if
the Secretary determines that an Indian tribe no longer
meets the criteria under paragraph (1), the Secretary
may withdraw the determination under paragraph (2).
``(B) Notice and opportunity to respond.--Before
withdrawing a determination under subparagraph (A), the
Secretary shall provide to the Indian tribe--
``(i) notice of the proposed withdrawal;
and
``(ii) an opportunity to respond and, if
necessary, redress the deficiencies identified
by the Secretary.''.
(2) Alternative conditions.--Section 33(a) of the Federal
Power Act (16 U.S.C. 823d(a)) is amended--
(A) in paragraph (1), by inserting ``or an Indian
tribe'' before ``deems a condition'';
(B) in paragraph (2), by inserting ``or Indian
tribe'' after ``the Secretary'' each place it appears;
(C) in paragraph (3), by inserting ``or Indian
tribe'' after ``the Secretary'' each place it appears;
(D) in paragraph (4)--
(i) by inserting ``or Indian tribe'' before
``concerned shall submit'';
(ii) by inserting ``or Indian tribe''
before ``gave equal consideration'';
(iii) by inserting ``or Indian tribe''
after ``may be available to the Secretary'';
(iv) by inserting ``or Indian tribe''
before ``shall also submit,''; and
(v) by striking ``available to the
Secretary and relevant to the Secretary's
decision'' and inserting ``available to the
Secretary or Indian tribe and relevant to the
decision of the Secretary or Indian tribe'';
and
(E) in paragraph (5)--
(i) by striking ``Secretary's final
condition'' and inserting ``final condition of
the Secretary or Indian tribe'';
(ii) by inserting ``or Indian tribe'' after
``consult with the Secretary'';
(iii) by inserting ``or Indian tribe''
before ``may accept the Dispute Resolution'';
(iv) by inserting ``or Indian tribe'' after
``advisory unless the Secretary'';
(v) by inserting ``or Indian tribe'' before
``shall submit the advisory and''; and
(vi) by striking ``Secretary's final
written determination'' and inserting ``final
written determination of the Secretary or
Indian tribe''.
(g) Consideration of Invasive Species.--Section 18 of the Federal
Power Act (16 U.S.C. 811) is amended by inserting after ``the Secretary
of Commerce.'' the following: ``In prescribing a fishway, the Secretary
of Commerce or the Secretary of the Interior, as appropriate, shall
consider the threat of invasive species.''.
SEC. 244. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a pilot
program for a long-term power purchase agreement.
(b) Requirements.--In developing the pilot program under this
section, the Secretary shall--
(1) consult with the heads of other Federal departments and
agencies that may benefit from purchasing nuclear power for a
period of longer than 10 years; and
(2) not later than December 31, 2023, enter into at least 1
agreement to purchase power produced in a nuclear reactor by a
person to whom a license is issued under section 103 of the
Atomic Energy Act of 1954 after January 1, 2020.
(c) Factors for Consideration.--
(1) In general.--In carrying out this section, the
Secretary may only consider 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.
SEC. 245. DISTRIBUTED RENEWABLE ENERGY.
(a) Definitions.--In this section:
(1) Authority having jurisdiction.--The term ``authority
having jurisdiction'' means any State, county, local, or Tribal
office or official with jurisdiction--
(A) to issue permits;
(B) to conduct inspections to enforce the
requirements of a relevant code or standard; or
(C) to approve the installation of, or the
equipment and materials used in the installation of,
qualifying distributed energy systems.
(2) Distributed energy system installer.--The term
``distributed energy system installer'' means an entity or
individual--
(A) with knowledge and skills relating to--
(i) the construction and operation of the
equipment used in qualifying distributed energy
systems; and
(ii) the installation of qualifying
distributed energy systems; and
(B) that has employed safety training to recognize
and avoid the hazards involved in constructing,
operating, and installing qualifying distributed energy
systems.
(3) Qualifying distributed energy system.--The term
``qualifying distributed energy system'' means any equipment or
materials installed in, on, or near a residential, commercial,
or industrial building to support onsite or local energy use,
including--
(A) to generate electricity from distributed
renewable energy sources, including from--
(i) solar photovoltaic modules or similar
solar energy technologies;
(ii) wind power systems; and
(iii) hydrogen electrolysis and fuel cell
systems;
(B) to store and discharge electricity from
batteries with a capacity of at least 2 kilowatt hours;
(C) to charge a plug-in electric drive vehicle at a
power rate of at least 2 kilowatts;
(D) to refuel a fuel cell electric vehicle; or
(E) to generate electricity from fuel cell systems
with a capacity of at least 2 kilowatt hours.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment of Program To Facilitate Voluntary Streamlined
Process for Local Permitting of Qualifying Distributed Energy
Systems.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
trade associations and other entities representing distributed
energy system installers and organizations representing State,
local, and Tribal governments engaged in permitting, shall
establish and carry out a program to establish a voluntary
streamlined permitting process for local permitting and
inspection of qualifying distributed energy systems, in concert
with relevant national consensus-based codes and specifications
and standards referenced therein.
(2) Activities of the program.--In carrying out the program
established under paragraph (1), the Secretary shall--
(A) facilitate the development and maintenance of a
streamlined permitting process that includes a national
online permitting platform for expediting,
standardizing, and streamlining permitting, that
authorities having jurisdiction may use to receive,
review, and approve permit applications relating to
qualifying distributed energy systems;
(B) establish a model expedited permit-to-build
protocol for qualifying distributed energy systems;
(C) provide technical assistance to authorities
having jurisdiction on using and adopting--
(i) the streamlined permitting process
described in subparagraph (A); and
(ii) the model expedited permit-to-build
protocol described in subparagraph (B);
(D) develop and maintain a voluntary national
inspection protocol integrated with the national online
permitting system described in subparagraphs (A) and
(B) and related tools to expedite, standardize, and
streamline the inspection of qualifying distributed
energy systems, including--
(i) by investigating the potential for
using remote inspections; and
(ii) by investigating the potential for
sample-based inspection for distributed energy
system installers with a demonstrated track
record of high-quality work; and
(E) take any other action to expedite, standardize,
streamline, or improve the process for permitting,
inspecting, or interconnecting qualifying distributed
energy systems.
(3) Support services.--The Secretary shall--
(A) provide technical assistance to authorities
having jurisdiction, any administrator of a national
online permitting platform, government software
providers, and any other entity determined appropriate
by the Secretary in carrying out the activities
described in paragraph (2); and
(B) provide such financial assistance as the
Secretary determines appropriate from any funds
appropriated to carry out this section.
(c) Distributed Energy Opportunity Communities.--
(1) In general.--The Secretary shall recognize and certify
certain communities as ``Distributed Energy Opportunity
Communities''.
(2) Qualifications.--The Secretary may certify a State,
local community, or Tribe as a ``Distributed Energy Opportunity
Community'' if that State, local community, or Tribe has
adopted and implemented the model expedited permit-to-build
protocol established under the program established under
subsection (b).
(3) Process.--The Secretary may confer a certification
under paragraph (1) through existing programs of the Department
of Energy.
(4) Grants.--The Secretary may award competitive grants,
using funds appropriated to the Secretary to carry out this
section, to encourage communities to adopt the model expedited
permit-to-build protocol and the standardized inspection
process established under the program established under
subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $20,000,000 for
each of fiscal years 2022 through 2031.
SEC. 246. POWER PURCHASE AGREEMENTS.
Section 501(b)(1) of title 40, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B) Public utility contracts.--
``(i) Term.--
``(I) In general.--A contract under
this paragraph to purchase electricity
produced by a public utility using
zero-emission technology may be made
for a period of not more than 40 years.
``(II) Other public utility
services.--A contract under this
paragraph for a public utility service
other than a service described in
subclause (I) may be made for a period
of not more than 10 years.
``(ii) Costs.--The cost of a contract under
this paragraph for any fiscal year may be paid
from the appropriations for that fiscal year.
``(iii) Zero-emission technology defined.--
In this subparagraph, the term `zero-emission
technology' means a generator that uses a
technology or combination of technologies
that--
``(I) has a carbon intensity of
zero; and
``(II) is placed into service after
the date of enactment of the CLEAN
Future Act.''.
SEC. 247. HYDROPOWER REGULATORY IMPROVEMENTS.
(a) Modifying the Definition of Renewable Energy To Include
Hydropower.--Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852) is amended--
(1) in subsection (a), by amending paragraphs (1) through
(3) to read as follows:
``(1) Not less than 25 percent in fiscal years 2022 through
2026.
``(2) Not less than 30 percent in fiscal years 2027 through
2031.
``(3) Not less than 50 percent in fiscal year 2032 and each
fiscal year thereafter.''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Renewable energy.--The term `renewable energy' means
electric energy generated from solar, wind, biomass, landfill
gas, ocean (including tidal, wave, current, and thermal),
geothermal, or municipal solid waste, or from a hydropower
project.''.
SEC. 248. STUDY ON EQUITABLE DISTRIBUTION OF BENEFITS OF CLEAN ENERGY.
(a) Frontline Community.--In this section, the term ``frontline
community'' means a community with significant representation of
communities of color, low-income communities, or Tribal and indigenous
communities, that experiences, or is at risk of experiencing, higher or
more adverse human health or environmental effects.
(b) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Energy shall enter into an agreement with
the National Academies of Science, Engineering, and Medicine to
undertake a study on technical and non-technical barriers to and
solutions for ensuring equitable distribution of the benefits
associated with clean energy in frontline communities across all
sectors of the economy, and in particular the role of the Department of
Energy in assessing and mitigating such barriers. The study shall--
(1) assess the state of research on the equitable
distribution of the benefits of clean energy including
workforce development and job creation;
(2) assess the progress in implementing programs and
policies that result in increased adoption of clean energy
technologies in frontline communities;
(3) identify barriers as well as potential incentives and
mechanisms to achieving the equitable distribution of the
benefits associated with clean energy in frontline communities,
including through the consideration of social, behavioral,
regulatory, policy, market, and technology aspects, and
considerations of the characteristics of individual
communities, such as geographical location, average income, and
racial-ethnic composition; and
(4) recommend research areas for the Department of Energy
to make progress towards ensuring equitable distribution of the
benefits associated with clean energy in frontline communities.
Subtitle F--Low-Income Assistance
SEC. 251. 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 2031''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``through 2004''
and inserting ``through 2031''; and
(B) in paragraph (2), by striking ``through 2004''
and inserting ``through 2031''.
TITLE III--EFFICIENCY
Subtitle A--Energy Saving Building Codes
SEC. 301. ENERGY SAVING BUILDING CODES.
(a) Model Building Energy Codes.--Section 307 of the Energy
Conservation and Production Act (42 U.S.C. 6836) is amended to read as
follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODE DEVELOPMENT.
``(a) In General.--The Secretary shall support the periodic
revision of model building energy codes to significantly enhance energy
and water use efficiency, to enable the achievement of aggregate energy
savings targets established under subsection (b) and, by 2030, to
enable adoption of codes that would require zero energy ready
buildings.
``(b) Targets.--
``(1) In general.--The targets for aggregate national
energy savings (not including onsite power production) of
buildings under a code compared to buildings under the baseline
in paragraph (2) shall be the percentages specified in the
following table:
------------------------------------------------------------------------
``Model codes issued by: Percentage:
------------------------------------------------------------------------
2023................................. 20
------------------------------------------------------------------------
2026................................. 35
------------------------------------------------------------------------
2029................................. 50
------------------------------------------------------------------------
``(2) Baseline.--The baseline shall be the 2018 IECC for
residential buildings and ASHRAE Standard 90.1-2016 for
commercial buildings.
``(3) Modified targets.--The Secretary may modify the
targets at least 3 years prior to the target dates, provided
that the Secretary--
``(A) may set different targets for residential and
commercial buildings;
``(B) may adopt different metrics or baselines;
``(C) may set further targets after 2029; and
``(D) may not weaken the 2029 target or modify
earlier targets to be inconsistent with meeting the
2029 target.
``(c) Technical Assistance to Model Building Energy Code-Setting
and Standards Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standards development organizations consistent with
the goals of this section.
``(2) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or
revisions;
``(B) building energy and water analysis and design
tools;
``(C) building demonstrations;
``(D) developing definitions of energy use
intensity and building types for use in model building
energy codes to evaluate the efficiency impacts of the
model building energy codes;
``(E) performance-based standards;
``(F) evaluating economic considerations; and
``(G) developing model building energy codes by
Indian tribes in accordance with Tribal law.
``(3) Amendment proposals.--The Secretary shall submit
timely model building energy code amendment proposals to the
model building energy code-setting and standards development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets established
under subsection (b).
``(d) Evaluation of Model Building Energy Codes.--
``(1) In general.--The Secretary shall evaluate each
proposed and final revision of a nationally recognized model
building energy code to determine whether the proposed or final
revision will meet the targets under subsection (b).
``(2) Timing.--
``(A) Initial determination.--The Secretary shall
make an initial determination and communicate that
determination to the model codes or standards
organization and the public not later than 90 days
after the date of receipt of each proposed revision. If
the Secretary determines that the proposed revision
would not meet the applicable target, the Secretary
shall, within an additional 90 days, convey to the
model codes or standards organization proposed
modifications to the proposed code sufficient to meet
the target.
``(B) Final determination.--The Secretary shall
make a final determination and communicate it to the
model codes or standards organization and the public by
not later than 180 days after the date of publication
of the revision. The Secretary may separately make a
determination on the code or standard with optional
appendices, or on other options published by the model
codes or standards organization.
``(e) Alternative Model Building Energy Code.--
``(1) Negative determination.--If the Secretary makes a
final determination that a model building energy code revision
does not meet the applicable target, the Secretary shall within
6 months of the date of the determination and after notice and
comment--
``(A) designate a model code (including any
appendix or options) that meets the target;
``(B) issue amendments to the revision with which
it meets the target; or
``(C) issue an alternative model building energy
code sufficient to meet the target.
``(2) No revision.--If a model building energy code is not
revised by the target date, the Secretary shall within 6 months
of the target date designate, issue amendments to the last
adopted version of the model building energy code, or issue an
alternative model building energy code as under paragraph (1).
``(3) Availability.--The Secretary shall make any
amendments or alternative model building energy code made
pursuant to this subsection publicly available without charge.
``(f) Stretch Codes and Advanced Standards.--
``(1) In general.--The Secretary shall provide technical
and financial support for the development of stretch codes and
advanced standards, which may build on the model building
energy codes, for residential and commercial buildings for use
as--
``(A) an option for adoption as a building energy
code by local, Tribal, or State governments; and
``(B) guidelines for energy-efficient building
design.
``(2) Savings.--The stretch codes and advanced standards
shall be designed to achieve--
``(A) zero-net-energy residential and commercial
buildings; and
``(B) zero-energy-ready residential and commercial
buildings prior to 2029.''.
(b) Federal Building Energy Efficiency Standards.--Section 305 of
the Energy Conservation and Production Act (42 U.S.C. 6834) is amended
by striking ``voluntary building energy code'' each place it appears in
subsections (a)(2)(B) and (b) and inserting ``model building energy
code''.
(c) State Building Energy Efficiency Codes.--Section 304 of the
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to
read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) Action by Secretary.--The Secretary shall--
``(1) encourage and support the adoption of building energy
codes by States, Indian tribes, and, as appropriate, by local
governments that meet or exceed the most recently adopted model
building energy codes, or achieve equivalent or greater energy
savings; and
``(2) support full compliance with the State and local
codes.
``(b) State and Indian Tribe Building Energy Code Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 1 year after the
date of a positive determination under section
307(d)(2)(B) or of issuance of an alternative under
section 307(e), each State and Indian tribe shall
certify to the Secretary whether the State or Indian
tribe, respectively, has adopted the revised model
building energy code or alternative issued under
section 307(e).
``(B) Alternative demonstration.--Each State or
Indian tribe that has not adopted the revised model
building energy code may submit a demonstration to the
Secretary that the energy savings for the code
provisions that are in effect throughout the territory
of the State or Indian tribe meet or exceed the energy
savings of the revised model building energy code or
alternative issued under section 307(e).
``(C) No model code that meets target.--If the
Secretary does not issue a positive determination or an
alternative under section 307(e), each State and Indian
tribe shall within 3 years of the target date under
section 307(b) submit a demonstration to the Secretary
that the energy savings for the code provisions that
are in effect throughout the territory of the State or
Indian tribe meet or exceed the target.
``(2) Validation of code update.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall determine whether the State or Indian
tribe has adopted the revised building code or alternative
issued under section 307(e), or successfully made an
alternative demonstration under paragraph (1)(B) or (1)(C),
and, upon a positive determination, validate the State code as
energy efficient.
``(c) Improvements in Compliance With Building Energy Codes.--
``(1) Validation of compliance.--Not later than December
31, 2024, and every 3 years thereafter, the Secretary shall
analyze compliance in each State and Tribal nation with the
applicable validated building energy code and shall validate
compliance if--
``(A) the State or Indian tribe has achieved full
compliance under paragraph (3); or
``(B) the State has demonstrated that it is
implementing a plan to achieve compliance pursuant to
paragraph (4).
``(2) Measurement of compliance.--An analysis under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) independent inspections of a random sample of
the buildings covered by the code in a year; or
``(B) an alternative method that yields an accurate
measure of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under paragraph
(1) if--
``(A) at least 90 percent of building space covered
by the code in the preceding year substantially meets
all the requirements of the applicable code specified
in paragraph (1), or achieves equivalent or greater
energy savings; or
``(B) the estimated excess energy use of buildings
that did not meet the applicable code specified in
paragraph (1) in the preceding year, compared to a
baseline of comparable buildings that meet this code,
is not more than 5 percent of the estimated energy use
of all buildings covered by this code during the
preceding year.
``(4) Plan to achieve compliance.--
``(A) In general.--A State or Indian tribe shall be
considered to be implementing a plan to achieve
compliance for purposes of paragraph (1) if the State
or Indian tribe is implementing and has met the most
recent performance targets in a plan that meets the
criteria in subparagraph (B).
``(B) Criteria.--The Secretary shall set criteria
for plans under this paragraph. A plan to achieve
compliance must--
``(i) show full compliance by 2030;
``(ii) include annual performance targets
for compliance and other metrics;
``(iii) provide for training of code
officials and builders, contractors and
subcontractors, and design professionals;
``(iv) make compliance data transparent;
and
``(v) provide funding for compliance and
enforcement programs.
``(d) States or Indian Tribes Without Validated Certification and
Compliance.--
``(1) Federal support.--For any State or Indian tribe for
which the Secretary has not validated certification or
compliance by a deadline under subsection (b) or (c), the lack
of validated certification or compliance may be a basis for
withholding Federal financial support related to energy or
buildings.
``(2) Local government.--In any State or Indian tribe for
which the Secretary has not validated certification or
compliance under subsection (b) or (c), a local government
shall be eligible for Federal support under subsections (e) and
(f) by demonstrating compliance under subsections (b) and (c).
``(e) Availability of Incentive Funding.--
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this
section;
``(B) to improve and implement residential and
commercial building energy codes, including increasing
and verifying compliance with the codes and training of
State, Tribal, and local building code officials to
implement and enforce the codes; and
``(C) to promote building energy and water
efficiency through the use of the codes and standards.
``(2) Additional funding.--Additional funding shall be
provided under this subsection for implementation of a plan to
achieve and document full compliance with residential and
commercial building energy codes under subsection (c)--
``(A) to a State or Indian tribe for which the
Secretary has validated a certification or compliance
under subsection (b) or (c); and
``(B) in a State or Indian tribe that is not
eligible under subparagraph (A), to a local government
that is eligible under this section.
``(3) Training.--The State or Indian tribe may use a
portion of the amounts made available under this subsection to
train State and local building code officials to implement and
enforce codes described in paragraph (2).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(f) Technical Assistance to States and Indian Tribes.--The
Secretary shall provide technical assistance to States and Indian
tribes to implement the goals and requirements of this section.
``(g) Reports by Secretary.--Not later than 3 years after the date
of enactment of the CLEAN Future Act, and not less frequently than once
every 3 years thereafter, the Secretary shall submit to Congress and
publish a report describing--
``(1) the status of model building energy codes;
``(2) the status of code adoption and compliance in the
States and Indian tribes;
``(3) implementation of this section and section 307; and
``(4) improvements in energy savings over time as result of
the targets established under section 307(b).
``(h) Studies.--The Secretary, in consultation with building
science experts from the National Laboratories and institutions of
higher education, designers and builders of energy-efficient
residential and commercial buildings, code officials, code and
standards developers, and other stakeholders, shall undertake a study
of the feasibility, impact, economics, and merit of--
``(1) code and standards improvements that would require
that buildings be designed, sited, and constructed in a manner
that makes the buildings more adaptable in the future to become
zero-net-energy after initial construction, as advances are
achieved in energy-saving technologies;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations; and
``(3) code and standards improvements that consider energy
efficiency and water efficiency and, to the maximum extent
practicable, consider energy efficiency and water efficiency in
an integrated manner.
``(i) Effect on Other Laws.--Nothing in this section or section 307
supersedes or modifies the application of sections 321 through 346 of
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section and section 307, $200,000,000,
to remain available until expended.''.
(d) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a building energy code or standard
developed and updated for use by State, Tribal, or local
governments through a consensus process among interested
persons.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(18) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).
``(19) Zero energy ready building.--The term `zero energy
ready building' means a highly efficient building that could
meet the balance of energy needs from onsite or nearby sources
of energy that do not produce greenhouse gases.''.
(e) Exception for Certain Building Code Requirements.--Section
327(f) of the Energy Policy and Conservation Act (42 U.S.C. 6297(f)) is
amended--
(1) in paragraph (3)--
(A) by striking subparagraphs (A) through (F) and
inserting the following:
``(A) The code does not require that the covered product
have an energy efficiency exceeding all of the following
levels:
``(i) The applicable energy conservation standard
under section 325.
``(ii) The level required by a regulation of the
State for which the Secretary has granted a waiver
under subsection (d).
``(iii) The level set under a national model
building energy code (as defined in section 303 of the
Energy Conservation and Production Act) or that is
issued by the Secretary (including an alternative or
amendment to such code issued by the Secretary under
section 307(e) of such Act).
``(B) If an energy consumption or conservation objective in
the code is determined using covered products, including any
baseline building designs against which all submitted building
designs are to be evaluated, the objective is determined using
covered products having efficiencies not exceeding one of the
levels specified in subparagraph (A).
``(C) If the code sets forth multiple options for meeting
an energy efficiency requirement, there is at least 1 option
for which no covered product has a specified efficiency
exceeding all of the levels specified in subparagraph (A).'';
and
(B) by redesignating subparagraph (G) as
subparagraph (D); and
(2) by striking paragraph (4).
Subtitle B--Existing Building Retrofits
SEC. 311. ENERGY EFFICIENT PUBLIC BUILDINGS.
(a) Grants.--Section 125(a) of the Energy Policy Act of 2005 (42
U.S.C. 15822(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``Standard 90.1 of the American
Society of Heating, Refrigerating, and Air-Conditioning
Engineers,'' after ``the International Energy
Conservation Code,''; and
(B) by striking ``; or'' and inserting a semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) through benchmarking programs to enable use of
building performance data to evaluate the performance of energy
efficiency investments over time.''.
(b) Assurance of Improvement.--Section 125 of the Energy Policy Act
of 2005 (42 U.S.C. 15822) is amended by redesignating subsections (b)
and (c) as subsections (c) and (d), respectively, and inserting after
subsection (a) the following:
``(b) Assurance of Improvement.--
``(1) Verification.--A State agency receiving a grant for
activities described in paragraph (1) or (2) of subsection (a)
shall ensure, as a condition of eligibility for assistance
pursuant to such grant, that a unit of local government
receiving such assistance obtain third-party verification of
energy efficiency improvements in each public building with
respect to which such assistance is used.
``(2) Guidance.--The Secretary may provide guidance to
State agencies to comply with paragraph (1). In developing such
guidance, the Secretary shall consider available third-party
verification tools for high-performing buildings and available
third-party verification tools for energy efficiency
retrofits.''.
(c) Administration.--Section 125(c) of the Energy Policy Act of
2005, as so redesignated, is amended--
(1) in the matter preceding paragraph (1), by striking
``State energy offices receiving grants'' and inserting ``A
State agency receiving a grant'';
(2) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) ensure that all laborers and mechanics employed by
contractors and subcontractors in the performance of
construction, alteration, or repair work financed in whole or
in part with assistance received pursuant to this section shall
be paid wages at rates not less than those prevailing on
projects of a similar character in the locality, as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (and with respect to
such labor standards, 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).''.
(d) Authorization of Appropriations.--Section 125(d) of the Energy
Policy Act of 2005, as so redesignated, 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 2031''.
SEC. 312. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE
ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) one local educational agency; and
(B) one or more--
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the
knowledge and capacity to partner and assist
with energy improvements.
(2) Energy improvements.--The term ``energy improvements''
means--
(A) any improvement, repair, or renovation, to a
school that will result in a direct reduction in school
energy costs including but not limited to improvements
to building envelope, air conditioning, ventilation,
heating system, domestic hot water heating, compressed
air systems, distribution systems, lighting, power
systems and controls;
(B) any improvement, repair, renovation, or
installation that leads to an improvement in teacher
and student health including but not limited to indoor
air quality, daylighting, ventilation, electrical
lighting, and acoustics; and
(C) the installation of renewable energy
technologies (such as wind power, photovoltaics, solar
thermal systems, geothermal energy, hydrogen-fueled
systems, biomass-based systems, biofuels, anaerobic
digesters, and hydropower) involved in the improvement,
repair, or renovation to a school.
(b) Authority.--From amounts made available for grants under this
section, the Secretary of Energy shall provide competitive grants to
eligible entities to make energy improvements authorized by this
section.
(c) Priority.--In making grants under this subsection, the
Secretary shall give priority to eligible entities that have
renovation, repair, and improvement funding needs and are--
(1) a high-need local educational agency, as defined in
section 2102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6602); or
(2) a local educational agency designated with a
metrocentric locale code of 41, 42, or 43 as determined by the
National Center for Education Statistics (NCES), in conjunction
with the Bureau of the Census, using the NCES system for
classifying local educational agencies.
(d) Competitive Criteria.--The competitive criteria used by the
Secretary shall include the following:
(1) The fiscal capacity of the eligible entity to meet the
needs for improvements of school facilities without assistance
under this section, including the ability of the eligible
entity to raise funds through the use of local bonding capacity
and otherwise.
(2) The likelihood that the local educational agency or
eligible entity will maintain, in good condition, any facility
whose improvement is assisted.
(3) The potential energy efficiency and safety benefits
from the proposed energy improvements.
(e) Applications.--To be eligible to receive a grant under this
section, an applicant must submit to the Secretary an application that
includes each of the following:
(1) A needs assessment of the current condition of the
school and facilities that are to receive the energy
improvements.
(2) A draft work plan of what the applicant hopes to
achieve at the school and a description of the energy
improvements to be carried out.
(3) A description of the applicant's capacity to provide
services and comprehensive support to make the energy
improvements.
(4) An assessment of the applicant's expected needs for
operation and maintenance training funds, and a plan for use of
those funds, if any.
(5) An assessment of the expected energy efficiency and
safety benefits of the energy improvements.
(6) A cost estimate of the proposed energy improvements.
(7) An identification of other resources that are available
to carry out the activities for which funds are requested under
this section, including the availability of utility programs
and public benefit funds.
(f) Use of Grant Amounts.--
(1) In general.--The recipient of a grant under this
section shall use the grant amounts only to make the energy
improvements contemplated in the application, subject to the
other provisions of this subsection.
(2) Operation and maintenance training.--The recipient may
use up to 5 percent for operation and maintenance training for
energy efficiency and renewable energy improvements (such as
maintenance staff and teacher training, education, and
preventative maintenance training).
(3) Audit.--The recipient may use funds for a third-party
investigation and analysis for energy improvements (such as
energy audits and existing building commissioning).
(4) Continuing education.--The recipient may use up to 1
percent of the grant amounts to develop a continuing education
curriculum relating to energy improvements.
(g) Contracting Requirements.--
(1) Davis-bacon.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section shall
be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-Bacon
Act).
(2) Competition.--Each applicant that receives funds shall
ensure that, if the applicant carries out repair or renovation
through a contract, any such contract process--
(A) ensures the maximum number of qualified
bidders, including small, minority, and women-owned
businesses, through full and open competition; and
(B) gives priority to businesses located in, or
resources common to, the State or the geographical area
in which the project is carried out.
(h) Reporting.--Each recipient of a grant under this section shall
submit to the Secretary, at such time as the Secretary may require, a
report describing the use of such funds for energy improvements, the
estimated cost savings realized by those energy improvements, the
results of any audit, the use of any utility programs and public
benefit funds and the use of performance tracking for energy
improvements (such as the Department of Energy: Energy Star program or
LEED for Existing Buildings).
(i) Best Practices.--The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2022 through 2031.
Subtitle C--Promoting Energy Efficiency
SEC. 321. REMOVING BARRIERS TO EFFICIENCY.
(a) In General.--Section 327 of the Energy Policy and Conservation
Act (42 U.S.C. 6297) is amended by adding at the end the following:
``(h) Suspension of Preemption.--This section shall not apply to a
covered product during any period that--
``(1) begins on the date that is 8 years after the date on
which the energy conservation standard was established under
section 325 for the covered product; and
``(2) ends on the effective date of an energy conservation
standard established after the date described in paragraph (1)
under section 325 for the covered product, that is equivalent
to, or more stringent than, the standard described in such
paragraph.
``(i) No Preemption Absent a Federal Standard.--
``(1) Application.--Notwithstanding any other provision of
this part, this section does not apply to any State regulation
insofar as the State regulation applies to any product not
subject to an energy conservation standard established under
section 325.
``(2) Compliance period.--Any State regulation prescribed
or enacted for a covered product before the date on which an
energy conservation standard is established under section 325
for the covered product shall not be preempted until the
effective date of an equivalent or more stringent energy
conservation standard under section 325 for the covered
product.''.
(b) ASHRAE Products.--Section 345(b)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6316(b)(2)) is amended by adding at the end
the following:
``(E) Notwithstanding subparagraph (A), a standard prescribed or
established under section 342(a) shall not supersede any State or local
regulation concerning the energy efficiency or energy use of a product
for which a standard is prescribed or established pursuant to such
section during any period that--
``(i) begins on the date that is 8 years after the date on
which such standard was prescribed or established; and
``(ii) ends on the effective date of a standard prescribed
or established after the date described in clause (i) under
section 342(a) for the product, that is equivalent to, or more
stringent than, the standard described in such clause.''.
SEC. 322. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
(a) Purpose.--Section 542(b)(1) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) diversifies energy supplies, including by
facilitating and promoting the use of alternative
fuels;''.
(b) Use of Funds.--Section 544 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17154) is amended--
(1) by amending paragraph (9) 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;'';
(2) in paragraph (13)(D), by striking ``and'';
(3) by redesignating paragraph (14) as paragraph (15); and
(4) by adding after paragraph (13) the following:
``(14) programs for financing energy efficiency, renewable
energy, and zero-emission transportation (and associated
infrastructure) capital investments, projects, and programs--
``(A) which may include loan programs and
performance contracting programs for leveraging of
additional public and private sector funds, and
programs which allow rebates, grants, or other
incentives for the purchase and installation of energy
efficiency, renewable energy, and zero-emission
transportation (and associated infrastructure)
measures; or
``(B) in addition to or in lieu of programs
described in subparagraph (A), which may be used in
connection with public or nonprofit buildings owned and
operated by a State, a political subdivision of a State
or an agency or instrumentality of a State, or an
organization exempt from taxation under section
501(c)(3) of title 26, United States Code; and''.
(c) 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.
(d) 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 2031.
``(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
2031.''.
(e) Technical Amendments.--Section 543 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17153) is amended--
(1) in subsection (c), by striking ``subsection (a)(2)''
and inserting ``subsection (a)(3)''; and
(2) in subsection (d), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(4)''.
SEC. 323. NONPROFIT ENERGY EFFICIENCY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy efficiency material.--
(A) In general.--The term ``energy efficiency
material'' means a material (including a product,
equipment, or system) the installation of which results
in a reduction in use of energy or fuel.
(B) Inclusions.--The term ``energy efficiency
material'' includes--
(i) a roof or lighting system or component
of the system;
(ii) a window;
(iii) a door, including a security door;
(iv) a heating, ventilation, or air
conditioning system or component of the system
(including insulation and wiring and plumbing
improvements needed to serve a more efficient
system); and
(v) a renewable energy generation or
heating system, including a solar,
photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of
the system.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building''
means a building operated and owned by a nonprofit
organization.
(B) Inclusions.--The term ``nonprofit building''
includes a building described in subparagraph (A) that
is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a facility of a faith-based
organization; or
(vi) any other nonresidential and
noncommercial structure.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program to
award grants to nonprofit organizations to purchase energy efficiency
materials to install in nonprofit buildings.
(c) Grants.--
(1) Application.--The Secretary may award a grant under the
pilot program established under subsection (b) if an applicant
submits to the Secretary an application at such time, in such
form, and containing such information as the Secretary may
prescribe.
(2) Criteria for grant.--In determining whether to award a
grant under the pilot program established under subsection (b),
the Secretary shall apply performance-based criteria, which
shall give priority to applicants based on--
(A) the energy savings expected to be achieved;
(B) the cost effectiveness of the use of the energy
efficiency materials that are proposed to be purchased;
(C) an effective plan for evaluation, measurement,
and verification of energy savings; and
(D) the financial need of the applicant.
(3) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed $200,000.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2031, to remain available until expended.
SEC. 324. HOME WILDFIRE RISK REDUCTION REBATE PROGRAM.
(a) In General.--The Secretary of Energy shall establish a program,
to be known as the ``Home Wildfire Risk Reduction Rebate Program'', to
provide rebates to homeowners to defray the costs of retrofitting an
existing home to be wildfire-resistant.
(b) Amount of Rebate.--In carrying out the Home Wildfire Risk
Reduction Rebate Program, the Secretary shall provide a homeowner a
rebate of up to--
(1) $10,000 for the retrofitting of roof features,
including the roof covering, vents, soffit and fascia, and
gutters, to be wildfire-resistant;
(2) $20,000 for the retrofitting of exterior wall features,
including sheathing and siding, doors, and windows, to be
wildfire-resistant;
(3) $5,000 for the retrofitting of a deck, including the
decking, framing, and fascia, to be wildfire-resistant; and
(4) $1,500 for the retrofitting of near-home landscaping,
including mulch and landscape fabric in a 5-foot zone
immediately around the home and under all attached decks, to be
wildfire-resistant.
(c) Inclusion.--For purposes of this section, the cost of a
retrofit shall include all costs associated with the retrofit,
including the purchase and installation of wildfire-resistant products
and components.
(d) Limitation.--The amount of the rebate under this section shall
not exceed 50 percent of the cost of the retrofit.
(e) Process.--
(1) Forms; rebate processing system.--Not later than 90
days after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of the Treasury, shall--
(A) develop and make available rebate forms
required to receive a rebate under this section;
(B) establish a Federal rebate processing system
which shall serve as a database and information
technology system that will allow homeowners to submit
required rebate forms; and
(C) establish a website that provides information
on rebates provided under this section, including how
to determine whether particular measures qualify for a
rebate under this section and how to receive such a
rebate.
(2) Submission of forms.--In order to receive a rebate
under this section, a homeowner shall submit the required
rebate forms, and any other information the Secretary
determines appropriate, to the Federal rebate processing system
established under paragraph (1).
(f) Moderate-Income Households.--
(1) Certifications.--The Secretary shall establish
procedures for certifying that the household of a homeowner is
moderate-income for purposes of this section.
(2) Limitation for moderate income households.--
Notwithstanding subsection (d), for households of homeowners
that are certified pursuant to the procedures established under
paragraph (1) as moderate-income, the amount of the rebate
under this section shall not exceed 80 percent of the cost of
the retrofit.
(3) Outreach.--The Secretary shall establish procedures
to--
(A) provide information to households of homeowners
that are certified pursuant to the procedures
established under paragraph (1) as moderate-income
regarding other programs and resources relating to
assistance for upgrades of homes, including the
weatherization assistance program implemented under
part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861 et seq.); and
(B) refer such households, as applicable, to such
other programs and resources.
(g) Definition.--In this section, the term ``wildfire-resistant''
means meeting or exceeding the specifications of the International Code
Council's 2018 International Wildland-Urban Interface Code (IWUIC).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for each of fiscal
years 2022 through 2031.
SEC. 325. STATE ENERGY-EFFICIENT APPLIANCE REBATE PROGRAM.
Section 124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) is
amended--
(1) in subsection (b)(1), by striking ``type;'' and
inserting ``type or to replace used appliances with an
appliance for similar purposes that is powered by
electricity;''; and
(2) in subsection (f)--
(A) by striking ``$50,000,000'' and inserting
``$300,000,000''; and
(B) by striking ``2006 through 2010'' and inserting
``2022 through 2031''.
Subtitle D--HOPE for HOMES
SEC. 331. DEFINITIONS.
In this subtitle:
(1) Contractor certification.--The term ``contractor
certification'' means an industry recognized certification that
may be obtained by a residential contractor to advance the
expertise and education of the contractor in energy efficiency
retrofits of residential buildings, including--
(A) a certification provided by--
(i) the Building Performance Institute;
(ii) the Air Conditioning Contractors of
America;
(iii) the National Comfort Institute;
(iv) the North American Technician
Excellence;
(v) RESNET;
(vi) the United States Green Building
Council; or
(vii) Home Innovation Research Labs; and
(B) any other certification the Secretary
determines appropriate for purposes of the Home Energy
Savings Retrofit Rebate Program.
(2) Contractor company.--The term ``contractor company''
means a company--
(A) the business of which is to provide services to
residential building owners with respect to HVAC
systems, insulation, air sealing, or other services
that are approved by the Secretary;
(B) that holds the licenses and insurance required
by the State in which the company provides services;
and
(C) that provides services for which a partial
system rebate, measured performance rebate, or modeled
performance rebate may be provided pursuant to the Home
Energy Savings Retrofit Rebate Program.
(3) Energy audit.--The term ``energy audit'' means an
inspection, survey, and analysis of the energy use of a
building, including the building envelope and HVAC system.
(4) Home.--The term ``home'' means a manufactured home (as
such term is defined in section 603 of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5402)), or a residential dwelling unit in a
building with no more than 4 dwelling units that--
(A) is located in the United States;
(B) was constructed before the date of enactment of
this Act; and
(C) is occupied at least 6 months out of the year.
(5) Home energy savings retrofit rebate program.--The term
``Home Energy Savings Retrofit Rebate Program'' means the Home
Energy Savings Retrofit Rebate Program established under
section 337.
(6) Homeowner.--The term ``homeowner'' means the owner of
an owner-occupied home or a tenant-occupied home.
(7) Home valuation certification.--The term ``home
valuation certification'' means the following home assessments:
(A) Home Energy Score.
(B) PEARL Certification.
(C) National Green Building Standard.
(D) LEED.
(E) Any other assessment the Secretary determines
to be appropriate.
(8) HOPE qualification.--The term ``HOPE Qualification''
means the qualification described in section 334.
(9) HOPE training credit.--The term ``HOPE training
credit'' means a HOPE training task credit or a HOPE training
supplemental credit.
(10) HOPE training task credit.--The term ``HOPE training
task credit'' means a credit described in section 333(a).
(11) HOPE training supplemental credit.--The term ``HOPE
training supplemental credit'' means a credit described in
section 333(b).
(12) HVAC system.--The term ``HVAC system'' means a
system--
(A) consisting of a heating component, a
ventilation component, and an air-conditioning
component; and
(B) which components may include central air
conditioning, a heat pump, a furnace, a boiler, a
rooftop unit, and a window unit.
(13) Measured performance rebate.--The term ``measured
performance rebate'' means a rebate provided in accordance with
section 339 and described in subsection (e) of that section.
(14) Modeled performance rebate.--The term ``modeled
performance rebate'' means a rebate provided in accordance with
section 339 and described in subsection (d) of that section.
(15) Moderate income.--The term ``moderate income'' means,
with respect to a household, a household with an annual income
that is less than 80 percent of the area median income, as
determined annually by the Department of Housing and Urban
Development.
(16) Multifamily building.--The term ``multifamily
building'' means a structure with 5 or more tenant-occupied
residential dwelling units that--
(A) is located in the United States;
(B) was constructed before the date of enactment of
this Act; and
(C) is occupied at least 6 months out of the year.
(17) Multifamily building owner.--The term ``multifamily
building owner'' means the owner of a tenant-occupied
multifamily building.
(18) Partial system rebate.--The term ``partial system
rebate'' means a rebate provided in accordance with section
338.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(20) State.--The term ``State'' includes--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the United States Virgin Islands; and
(H) any other territory or possession of the United
States.
(21) State energy office.--The term ``State energy office''
means the office or agency of a State responsible for
developing the State energy conservation plan for the State
under section 362 of the Energy Policy and Conservation Act (42
U.S.C. 6322).
PART 1--HOPE TRAINING
SEC. 332. NOTICE FOR HOPE QUALIFICATION TRAINING AND GRANTS.
Not later than 30 days after the date of enactment of this Act, the
Secretary, acting through the Director of the Building Technologies
Office of the Department of Energy, shall issue a notice that
includes--
(1) criteria established under section 333 for approval by
the Secretary of courses for which credits may be issued for
purposes of a HOPE Qualification;
(2) a list of courses that meet such criteria and are so
approved; and
(3) information on how individuals and entities may apply
for grants under this part.
SEC. 333. COURSE CRITERIA.
(a) HOPE Training Task Credit.--
(1) Criteria.--The Secretary shall establish criteria for
approval of a course for which a credit, to be known as a HOPE
training task credit, may be issued, including that such
course--
(A) is equivalent to at least 30 hours in total
course time;
(B) is accredited by the Interstate Renewable
Energy Council or is determined to be equivalent by the
Secretary;
(C) is, with respect to a particular job, aligned
with the relevant National Renewable Energy Laboratory
Job Task Analysis, or other credentialing program
foundation that helps identify the necessary core
knowledge areas, critical work functions, or skills, as
approved by the Secretary;
(D) has established learning objectives; and
(E) includes, as the Secretary determines
appropriate, an appropriate assessment of such learning
objectives that may include a final exam, to be
proctored on-site or through remote proctoring, or an
in-person field exam.
(2) Included courses.--The Secretary shall approve one or
more courses that meet the criteria described in paragraph (1)
for training related to--
(A) contractor certification;
(B) energy auditing or assessment, including energy
audits and assessments relevant to multifamily
buildings;
(C) home and multifamily building energy systems
(including HVAC systems);
(D) insulation installation and air leakage
control;
(E) health and safety regarding the installation of
energy efficiency measures or health and safety impacts
associated with energy efficiency retrofits; and
(F) indoor air quality.
(b) HOPE Training Supplemental Credit Criteria.--The Secretary
shall establish criteria for approval of a course for which a credit,
to be known as a HOPE training supplemental credit, may be issued,
including that such course provides--
(1) training related to--
(A) small business success, including management,
home energy efficiency software, or general accounting
principles;
(B) the issuance of a home valuation certification;
(C) the use of Wi-Fi-enabled technology in an
energy efficiency upgrade; or
(D) understanding and being able to participate in
the Home Energy Savings Retrofit Rebate Program; and
(2) as the Secretary determines appropriate, an appropriate
assessment of such training that may include a final exam, to
be proctored on-site or through remote proctoring, or an in-
person field exam.
(c) Existing Approved Courses.--The Secretary may approve a course
that meets the applicable criteria established under this section that
is approved by the applicable State energy office or relevant State
agency with oversight authority for residential energy efficiency
programs.
(d) In-Person and Online Training.--An online course approved
pursuant to this section may be conducted in-person, but may not be
offered exclusively in-person.
SEC. 334. HOPE QUALIFICATION.
(a) Issuance of Credits.--
(1) In general.--The Secretary, or an entity authorized by
the Secretary pursuant to paragraph (2), may issue--
(A) a HOPE training task credit to any individual
that completes a course that meets applicable criteria
under section 333; and
(B) a HOPE training supplemental credit to any
individual that completes a course that meets the
applicable criteria under section 333.
(2) Other entities.--The Secretary may authorize a State
energy office implementing an authorized program under
subsection (b)(2), an organization described in section 335(b),
and any other entity the Secretary determines appropriate, to
issue HOPE training credits in accordance with paragraph (1).
(b) HOPE Qualification.--
(1) In general.--The Secretary may certify that an
individual has achieved a qualification, to be known as a HOPE
Qualification, that indicates that the individual has received
at least 3 HOPE training credits, of which at least 2 shall be
HOPE training task credits.
(2) State programs.--The Secretary may authorize a State
energy office to implement a program to provide HOPE
Qualifications in accordance with this part.
SEC. 335. GRANTS.
(a) In General.--The Secretary shall, to the extent amounts are
made available in appropriations Acts for such purposes, provide grants
to support the training of individuals toward the completion of a HOPE
Qualification.
(b) Provider Organizations.--
(1) In general.--The Secretary may provide a grant of up to
$20,000 under this section to an organization to provide
training online, including establishing, modifying, or
maintaining the online systems, staff time, and software and
online program management, through a course that meets the
applicable criteria established under section 333.
(2) Criteria.--In order to receive a grant under this
subsection, an organization shall be--
(A) a nonprofit organization;
(B) an educational institution; or
(C) an organization that has experience providing
training to contractors that work with the
weatherization assistance program implemented under
part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861 et seq.) or equivalent
experience, as determined by the Secretary.
(3) Additional certifications.--In addition to any grant
provided under paragraph (1), the Secretary may provide an
organization up to $5,000 for each additional course for which
a HOPE training credit may be issued that is offered by the
organization.
(c) Contractor Company.--The Secretary may provide a grant under
this section of $1,000 per employee to a contractor company, up to a
maximum of $10,000, to reimburse the contractor company for training
costs for employees, and any home technology support needed for an
employee to receive training pursuant to this section. Grant funds
provided under this subsection may be used to support wages of
employees during training.
(d) Trainees.--The Secretary may provide a grant of up to $1,000
under this section to an individual who receives a HOPE Qualification.
(e) State Energy Office.--The Secretary may provide a grant under
this section to a State energy office of up to $25,000 to implement an
authorized program under section 334(b).
SEC. 336. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this part
$500,000,000 for the period of fiscal years 2022 through 2031, to
remain available until expended.
PART 2--HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM
SEC. 337. ESTABLISHMENT OF HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM.
The Secretary shall establish a program, to be known as the Home
Energy Savings Retrofit Rebate Program, to--
(1) provide rebates in accordance with section 338; and
(2) provide grants to States to carry out programs to
provide rebates in accordance with section 339.
SEC. 338. PARTIAL SYSTEM REBATES.
(a) Amount of Rebate.--In carrying out the Home Energy Savings
Retrofit Rebate Program, and subject to the availability of
appropriations for such purpose, the Secretary shall provide a
homeowner or multifamily building owner a rebate, to be known as a
partial system rebate, of, except as provided in section 340, up to--
(1) $800 for the purchase and installation of insulation
and air sealing within a home of the homeowner or the household
living in a multifamily building; and
(2) $1,500 for the purchase and installation of insulation
and air sealing within a home of the homeowner or the household
living in a multifamily building and replacement of an HVAC
system, the heating component of an HVAC system, or the cooling
component of an HVAC system, of such home.
(b) Specifications.--
(1) Cost.--The amount of a partial system rebate provided
under this section shall, except as provided in section 340,
not exceed 30 percent of cost of the purchase and installation
of insulation and air sealing under subsection (a)(1), or the
purchase and installation of insulation and air sealing and
replacement of an HVAC system, the heating component of an HVAC
system, or the cooling component of an HVAC system, under
subsection (a)(2). Labor may be included in such cost but may
not exceed--
(A) in the case of a rebate under subsection
(a)(1), 50 percent of such cost; and
(B) in the case of a rebate under subsection
(a)(2), 25 percent of such cost.
(2) Replacement of an hvac system, the heating component of
an hvac system, or the cooling component of an hvac system.--In
order to qualify for a partial system rebate described in
subsection (a)(2)--
(A) any HVAC system, heating component of an HVAC
system, or cooling component of an HVAC system
installed shall be Energy Star Most Efficient
certified;
(B) installation of such an HVAC system, the
heating component of an HVAC system, or the cooling
component of an HVAC system, shall be completed in
accordance with standards specified by the Secretary
that are at least as stringent as the applicable
guidelines of the Air Conditioning Contractors of
America that are in effect on the date of enactment of
this Act;
(C) if ducts are present, replacement of an HVAC
system, the heating component of an HVAC system, or the
cooling component of an HVAC system shall include duct
sealing; and
(D) the installation of insulation and air sealing
shall occur within 6 months of the replacement of the
HVAC system, the heating component of an HVAC system,
or the cooling component of an HVAC system.
(c) Additional Incentives for Contractors.--In carrying out the
Home Energy Savings Retrofit Rebate Program, the Secretary may provide
a $250 payment to a contractor per home of a homeowner or household
living in a multifamily building for which--
(1) a partial system rebate is provided under this section
for the installation of insulation and air sealing, or
installation of insulation and air sealing and replacement of
an HVAC system, the heating component of an HVAC system, or the
cooling component of an HVAC system, by the contractor;
(2) the applicable homeowner has signed and submitted to
the Secretary a release form made available pursuant to section
342(b) authorizing the contractor access to information in the
utility bills of the homeowner or the applicable multifamily
building owner has signed and submitted an agreement with the
contractor to provide whole-building aggregate information
about the building's energy use; and
(3) the contractor inputs, into the Department of Energy's
Building Performance Database--
(A) the energy usage for the home of a homeowner or
for the household living in a multifamily building for
the 12 months preceding, and the 24 months following,
the installation of insulation and air sealing or
installation of insulation and air sealing and
replacement of an HVAC system, the heating component of
an HVAC system, or the cooling component of an HVAC
system;
(B) a description of such installation or
installation and replacement; and
(C) the total cost to the homeowner or multifamily
building owner for such installation or installation
and replacement.
(d) Process.--
(1) Forms; rebate processing system.--Not later than 90
days after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of the Treasury, shall--
(A) develop and make available rebate forms
required to receive a partial system rebate under this
section;
(B) establish a Federal rebate processing system
which shall serve as a database and information
technology system that will allow homeowners and
multifamily building owners to submit required rebate
forms; and
(C) establish a website that provides information
on partial system rebates provided under this section,
including how to determine whether particular measures
qualify for a rebate under this section and how to
receive such a rebate.
(2) Submission of forms.--In order to receive a partial
system rebate under this section, a homeowner or multifamily
building owner shall submit the required rebate forms, and any
other information the Secretary determines appropriate, to the
Federal rebate processing system established pursuant to
paragraph (1).
(e) Funding.--
(1) Limitation.--For each fiscal year, the Secretary may
not use more than 50 percent of the amounts made available to
carry out this part to carry out this section.
(2) Allocation.--The Secretary shall allocate amounts made
available to carry out this section for partial system rebates
among the States using the same formula as is used to allocate
funds for States under part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.).
SEC. 339. STATE ADMINISTERED REBATES.
(a) Funding.--In carrying out the Home Energy Savings Retrofit
Rebate Program, and subject to the availability of appropriations for
such purpose, the Secretary shall provide grants to States to carry out
programs to provide rebates in accordance with this section.
(b) State Participation.--
(1) Plan.--In order to receive a grant under this section a
State shall submit to the Secretary an application that
includes a plan to implement a State program that meets the
minimum criteria under subsection (c).
(2) Approval.--Not later than 60 days after receipt of a
completed application for a grant under this section, the
Secretary shall either approve the application or provide to
the applicant an explanation for denying the application.
(c) Minimum Criteria for State Programs.--Not later than 6 months
after the date of enactment of this Act, the Secretary shall establish
and publish minimum criteria for a State program to meet to qualify for
funding under this section, including--
(1) that the State program be carried out by the applicable
State energy office or its designee;
(2) that a rebate be provided under a State program only
for a home energy efficiency retrofit that--
(A) is completed by a contractor who meets minimum
training requirements and certification requirements
set forth by the Secretary;
(B) includes installation of one or more home
energy efficiency retrofit measures for a home that
together are modeled to achieve, or are shown to
achieve, a reduction in home energy use of 20 percent
or more from the baseline energy use of the home;
(C) does not include installation of any measure
that the Secretary determines does not improve the
thermal energy performance of the home, such as a pool
pump, pool heater, spa, or EV charger; and
(D) includes, after installation of the applicable
home energy efficiency retrofit measures, a test-out
procedure conducted in accordance with guidelines
issued by the Secretary of such measures to ensure--
(i) the safe operation of all systems post
retrofit; and
(ii) that all improvements are included in,
and have been installed according to--
(I) manufacturers installation
specifications; and
(II) all applicable State and local
codes or equivalent standards approved
by the Secretary;
(3) that the State program utilize--
(A) for purposes of modeled performance rebates,
modeling software approved by the Secretary for
determining and documenting the baseline energy use of
a home and the reductions in home energy use resulting
from the implementation of a home energy efficiency
retrofit; and
(B) for purposes of measured performance rebates,
methods and procedures approved by the Secretary for
determining and documenting the baseline energy use of
a home and the reductions in home energy use resulting
from the implementation of a home energy efficiency
retrofit, including methods and procedures for use of
advanced metering infrastructure, weather-normalized
data, and open source standards, to measure such
baseline energy use and such reductions in home energy
use;
(4) that the State program include implementation of a
quality assurance program--
(A) to ensure that home energy efficiency retrofits
are achieving the stated level of energy savings, that
efficiency measures were installed correctly, and that
work is performed in accordance with procedures
developed by the Secretary, including through quality-
control inspections for a portion of home energy
efficiency retrofits completed by each applicable
contractor; and
(B) under which a quality-control inspection of a
home energy efficiency retrofit is performed by a
quality assurance provider who--
(i) is independent of the contractor for
such retrofit; and
(ii) will confirm that such contractor is a
contractor who meets minimum training
requirements and certification requirements set
forth by the Secretary;
(5) that the State program include requirements for a
homeowner, contractor, or rebate aggregator to claim a rebate,
including that the homeowner, contractor, or rebate aggregator
submit any applicable forms approved by the Secretary to the
State, including a copy of the certificate provided by the
applicable contractor certifying projected or measured
reduction of home energy use;
(6) that the State program may include requirements for an
entity to be eligible to serve as a rebate aggregator to
facilitate the delivery of rebates to homeowners or
contractors;
(7) that the State program include procedures for a
homeowner to transfer the right to claim a rebate to the
contractor performing the applicable home energy efficiency
retrofit or to a rebate aggregator that works with the
contractor; and
(8) that the State program provide that a homeowner,
contractor, or rebate aggregator may claim more than one rebate
under the State program, and may claim a rebate under the State
program after receiving a partial system rebate under section
338, provided that no 2 rebates may be provided with respect to
a home using the same baseline energy use of such home.
(d) Modeled Performance Rebates.--
(1) In general.--In carrying out a State program under this
section, a State may provide a homeowner, contractor, or rebate
aggregator a rebate, to be known as a modeled performance
rebate, for an energy audit of a home and a home energy
efficiency retrofit that is projected, using modeling software
approved by the Secretary, to reduce home energy use by at
least 20 percent.
(2) Amount.--
(A) In general.--Except as provided in section 340,
and subject to subparagraph (B), the amount of a
modeled performance rebate provided under a State
program shall be equal to 50 percent of the cost of the
applicable energy audit of a home and home energy
efficiency retrofit, including the cost of diagnostic
procedures, labor, reporting, and modeling.
(B) Limitation.--Except as provided in section 340,
with respect to an energy audit and home energy
efficiency retrofit that is projected to reduce home
energy use by--
(i) at least 20 percent, but less than 40
percent, the maximum amount of a modeled
performance rebate shall be $2,000; and
(ii) at least 40 percent, the maximum
amount of a modeled performance rebate shall be
$4,000.
(e) Measured Performance Rebates.--
(1) In general.--In carrying out a State program under this
section, a State may provide a homeowner, contractor, or rebate
aggregator a rebate, to be known as a measured performance
rebate, for a home energy efficiency retrofit that reduces home
energy use by at least 20 percent as measured using methods and
procedures approved by the Secretary.
(2) Amount.--
(A) In general.--Except as provided in section 340,
and subject to subparagraph (B), the amount of a
measured performance rebate provided under a State
program shall be equal to 50 percent of the cost,
including the cost of diagnostic procedures, labor,
reporting, and energy measurement, of the applicable
home energy efficiency retrofit.
(B) Limitation.--Except as provided in section 340,
with respect to a home energy efficiency retrofit that
is measured as reducing home energy use by--
(i) at least 20 percent, but less than 40
percent, the maximum amount of a measured
performance rebate shall be $2,000; and
(ii) at least 40 percent, the maximum
amount of a measured performance rebate shall
be $4,000.
(f) Coordination of Rebate and Existing State-Sponsored or Utility-
Sponsored Programs.--A State that receives a grant under this section
is encouraged to work with State agencies, energy utilities,
nonprofits, and other entities--
(1) to assist in marketing the availability of the rebates
under the applicable State program;
(2) to coordinate with utility or State managed financing
programs;
(3) to assist in implementation of the applicable State
program, including installation of home energy efficiency
retrofits; and
(4) to coordinate with existing quality assurance programs.
(g) Administration and Oversight.--
(1) Review of approved modeling software.--The Secretary
shall, on an annual basis, list and review all modeling
software approved for use in determining and documenting the
reductions in home energy use for purposes of modeled
performance rebates under subsection (d). In approving such
modeling software each year, the Secretary shall ensure that
modeling software approved for a year will result in modeling
of energy efficiency gains for any type of home energy
efficiency retrofit that is at least as substantial as the
modeling of energy efficiency gains for such type of home
energy efficiency retrofit using the modeling software approved
for the previous year.
(2) Oversight.--If the Secretary determines that a State is
not implementing a State program that was approved pursuant to
subsection (b) and that meets the minimum criteria under
subsection (c), the Secretary may, after providing the State a
period of at least 90 days to meet such criteria, withhold
grant funds under this section from the State.
SEC. 340. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS.
(a) Certifications.--The Secretary shall establish procedures for
certifying that the household of a homeowner or that, in the case of a
multifamily building, the majority of households in the building is
moderate income for purposes of this section.
(b) Percentages.--Subject to subsection (c), for households that
are certified pursuant to the procedures established under subsection
(a) as moderate income the--
(1) amount of a partial system rebate under section 338
shall not exceed 60 percent of the applicable purchase and
installation costs described in section 338(b)(1); and
(2) amount of--
(A) a modeled performance rebate under section 339
provided shall be equal to 80 percent of the applicable
costs described in section 339(d)(2)(A); and
(B) a measured performance rebate under section 339
provided shall be equal to 80 percent of the applicable
costs described in section 339(e)(2)(A).
(c) Maximum Amounts.--For households that are certified pursuant to
the procedures established under subsection (a) as moderate income the
maximum amount--
(1) of a partial system rebate--
(A) under section 338(a)(1) for the purchase and
installation of insulation and air sealing within a
home of the homeowner or the household living in a
multifamily building shall be $1,600; and
(B) under section 338(a)(2) for the purchase and
installation of insulation and air sealing within a
home of the homeowner or the household living in a
multifamily building and replacement of an HVAC system,
the heating component of an HVAC system, or the cooling
component of an HVAC system, of such home, shall be
$3,000;
(2) of a modeled performance rebate under section 339 for
an energy audit and home energy efficiency retrofit that is
projected to reduce home energy use as described in--
(A) section 339(d)(2)(B)(i) shall be $4,000; and
(B) section 339(d)(2)(B)(ii) shall be $8,000; and
(3) of a measured performance rebate under section 339 for
a home energy efficiency retrofit that reduces home energy use
as described in--
(A) section 339(e)(2)(B)(i) shall be $4,000; and
(B) section 339(e)(2)(B)(ii) shall be $8,000.
(d) Outreach.--The Secretary shall establish procedures to--
(1) provide information to households of homeowners or
multifamily building owners that are certified pursuant to the
procedures established under subsection (a) as moderate income
regarding other programs and resources relating to assistance
for energy efficiency upgrades of homes, including the
weatherization assistance program implemented under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.); and
(2) refer such households and owners, as applicable, to
such other programs and resources.
SEC. 341. EVALUATION REPORTS TO CONGRESS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act and annually thereafter until the termination of the Home
Energy Savings Retrofit Rebate Program, the Secretary shall submit to
Congress a report on the use of funds made available to carry out this
part.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) how many home energy efficiency retrofits have been
completed during the previous year under the Home Energy
Savings Retrofit Rebate Program;
(2) an estimate of how many jobs have been created through
the Home Energy Savings Retrofit Rebate Program, directly and
indirectly;
(3) a description of what steps could be taken to promote
further deployment of energy efficiency and renewable energy
retrofits;
(4) a description of the quantity of verifiable energy
savings, homeowner energy bill savings, and other benefits of
the Home Energy Savings Retrofit Rebate Program;
(5) a description of any waste, fraud, or abuse with
respect to funds made available to carry out this part; and
(6) any other information the Secretary considers
appropriate.
SEC. 342. ADMINISTRATION.
(a) In General.--The Secretary shall provide such administrative
and technical support to contractors, rebate aggregators, States, and
Indian Tribes as is necessary to carry out this part.
(b) Information Collection.--The Secretary shall establish, and
make available to a homeowner, or the homeowner's designated
representative, seeking a rebate under this part, release forms
authorizing access by the Secretary, or a designated third-party
representative to information in the utility bills of the homeowner
with appropriate privacy protections in place.
(c) Application of Wage Rate Requirements to Partial System and
State Administered Rebates.--Section 841(b) of this Act shall not apply
to rebates under sections 338 and 339.
SEC. 343. TREATMENT OF REBATES.
For purposes of the Internal Revenue Code of 1986, gross income
shall not include any rebate received under this part.
SEC. 344. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this part $1,600,000,000 for each of fiscal
years 2022 through 2031, to remain available until expended.
(b) Tribal Allocation.--Of the amounts made available pursuant to
subsection (a) for a fiscal year, the Secretary shall work with Indian
Tribes and use 2 percent of such amounts to carry out a program or
programs that as close as possible reflect the goals, requirements, and
provisions of this part, taking into account any factors that the
Secretary determines to be appropriate.
PART 3--GENERAL PROVISIONS
SEC. 345. APPOINTMENT OF PERSONNEL.
Notwithstanding the provisions of title 5, United States Code,
regarding appointments in the competitive service and General Schedule
classifications and pay rates, the Secretary may appoint such
professional and administrative personnel as the Secretary considers
necessary to carry out this subtitle.
SEC. 346. MAINTENANCE OF FUNDING.
Each State receiving Federal funds pursuant to this subtitle shall
provide reasonable assurances to the Secretary that it has established
policies and procedures designed to ensure that Federal funds provided
under this subtitle will be used to supplement, and not to supplant,
State and local funds.
Subtitle E--Investing in State Energy
SEC. 351. INVESTING IN STATE ENERGY.
(a) Timing for Distribution of Financial Assistance Under the
Weatherization Assistance Program.--Section 417(d) of the Energy
Conservation and Production Act (42 U.S.C. 6867(d)) is amended--
(1) by striking ``(d) Payments'' and inserting the
following:
``(d) Method and Timing of Payments.--
``(1) In general.--Subject to paragraph (2), any
payments''; and
(2) by adding at the end the following:
``(2) Timing.--Notwithstanding any other provision of law
(including regulations), not later than 60 days after the date
on which funds have been made available to provide assistance
under this part, the Secretary shall distribute to the
applicable recipient the full amount of assistance to be
provided to the recipient under this part for the fiscal
year.''.
(b) Timing for Distribution of Financial Assistance Under the State
Energy Program.--Section 363 of the Energy Policy and Conservation Act
(42 U.S.C. 6323) is amended by adding at the end the following:
``(g) Timing for Distribution of Financial Assistance.--
Notwithstanding any other provision of law (including regulations), not
later than 60 days after the date on which funds have been made
available to provide financial assistance under this section, the
Secretary shall distribute to the applicable State the full amount of
assistance to be provided to the State under this section for the
fiscal year.''.
SEC. 352. STATE ENERGY SECURITY PLANS.
(a) In General.--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 SECURITY PLANS.
``(a) In General.--Federal financial assistance made available to a
State under this part may be used for the implementation, review, and
revision of a State energy security plan that assesses the State's
existing circumstances and proposes methods to strengthen the ability
of the State, in consultation with owners and operators of energy
infrastructure in such State, to--
``(1) secure the energy infrastructure of the State against
all physical and cybersecurity threats;
``(2) mitigate the risk of energy supply disruptions to the
State and enhance the response to, and recovery from, energy
disruptions; and
``(3) ensure the State has a reliable, secure, and
resilient energy infrastructure.
``(b) Contents of Plan.--A State energy security plan described in
subsection (a) shall--
``(1) address all fuels, including petroleum products,
other liquid fuels, coal, electricity, and natural gas, as well
as regulated and unregulated energy providers;
``(2) provide a State energy profile, including an
assessment of energy production, distribution, and end-use;
``(3) address potential hazards to each energy sector or
system, including physical threats and cybersecurity threats
and vulnerabilities;
``(4) provide a risk assessment of energy infrastructure
and cross-sector interdependencies;
``(5) provide a risk mitigation approach to enhance
reliability and end-use resilience; and
``(6) address multi-State, Indian Tribe, and regional
coordination planning and response, and to the extent
practicable, encourage mutual assistance in cyber and physical
response plans.
``(c) Coordination.--In developing a State energy security plan
under this section, the energy office of the State shall, to the extent
practicable, coordinate with--
``(1) the public utility or service commission of the
State;
``(2) energy providers from the private sector; and
``(3) other entities responsible for maintaining fuel or
electric reliability.
``(d) Financial Assistance.--A State is not eligible to receive
Federal financial assistance under this part, for any purpose, for a
fiscal year unless the Governor of such State submits to the Secretary,
with respect to such fiscal year--
``(1) a State energy security plan described in subsection
(a) that meets the requirements of subsection (b); or
``(2) after an annual review of the State energy security
plan by the Governor--
``(A) any necessary revisions to such plan; or
``(B) a certification that no revisions to such
plan are necessary.
``(e) Technical Assistance.--Upon request of the Governor of a
State, the Secretary may provide information and technical assistance,
and other assistance, in the development, implementation, or revision
of a State energy security plan.
``(f) Sunset.--This section shall expire on October 31, 2024.''.
(b) Technical and Conforming Amendments.--
(1) Conforming amendments.--Section 363 of the Energy
Policy and Conservation Act (42 U.S.C. 6323) is amended--
(A) by redesignating subsection (f) as subsection
(e); and
(B) by striking subsection (e).
(2) Technical amendment.--Section 366(3)(B)(i) of the
Energy Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) is
amended by striking ``approved under section 367''.
(3) Reference.--The item relating to ``Department of
Energy--Energy Conservation'' in title II of the Department of
the Interior and Related Agencies Appropriations Act, 1985 (42
U.S.C. 6323a) is amended by striking ``sections 361 through
366'' and inserting ``sections 361 through 367''.
(4) Table of sections.--The table of sections for part D of
title III of the Energy Policy and Conservation Act is amended
by adding at the end the following:
``Sec. 367. State energy security plans.''.
Subtitle F--FEMP
SEC. 361. ENERGY AND WATER PERFORMANCE REQUIREMENT FOR FEDERAL
FACILITIES.
(a) In General.--Section 543 of the National Energy Conservation
Policy Act (42 U.S.C. 8253) is amended--
(1) in the section heading, by inserting ``and water''
after ``energy'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Energy
Performance Requirement for Federal Buildings'' and
inserting ``Energy and Water Performance Requirement
for Federal Facilities'';
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Subject to paragraph (2), the head of
each agency shall--
``(A) for each of fiscal years 2020 through 2030,
reduce average facility energy intensity (as measured
in British thermal units per gross square foot) at
facilities of the agency by 2.5 percent each fiscal
year relative to the average facility energy intensity
of the facilities of the agency in fiscal year 2018;
``(B) for each of fiscal years 2020 through 2030,
improve water use efficiency and management, including
stormwater management, at facilities of the agency by
reducing agency water consumption intensity--
``(i) by reducing the potable water
consumption by 54 percent by fiscal year 2030,
relative to the potable water consumption at
facilities of the agency in fiscal year 2007,
through reductions of 2 percent each fiscal
year (as measured in gallons per gross square
foot);
``(ii) by reducing the industrial,
landscaping, and agricultural water consumption
of the agency, as compared to a baseline of
that consumption at facilities of the agency in
fiscal year 2010, through reductions of 2
percent each fiscal year (as measured in
gallons); and
``(iii) by installing appropriate
infrastructure features at facilities of the
agency to improve stormwater and wastewater
management; and
``(C) to the maximum extent practicable, in
carrying out subparagraphs (A) and (B), take measures
that are life cycle cost-effective.'';
(C) in paragraph (2)--
(i) by striking ``(2) An agency'' and
inserting the following:
``(2) Energy and water intensive facility exclusion.--An
agency'';
(ii) by striking ``building'' and inserting
``facility'';
(iii) by inserting ``and water'' after
``energy'' each place it appears; and
(iv) by striking ``buildings'' and
inserting ``facilities''; and
(D) by striking paragraph (3) and inserting the
following:
``(3) Recommendations.--Not later than December 31, 2029,
the Secretary shall--
``(A) review the results of the implementation of
the energy and water performance requirements
established under paragraph (1); and
``(B) submit to Congress recommendations concerning
energy and water performance requirements for fiscal
years 2031 through 2040.'';
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Each agency shall--
``(A) not later than October 1, 2020, to the
maximum extent practicable, begin installing in
facilities owned by the United States all energy and
water conservation measures determined by the Secretary
to be life cycle cost-effective; and
``(B) complete the installation described in
subparagraph (A) as soon as practicable after the date
referred to in that subparagraph.'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Federal building or
collection of Federal buildings'' each place it
appears and inserting ``Federal facility'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``An agency'' and
inserting ``The head of each agency'';
and
(II) by inserting ``or water''
after ``energy'' each place it appears;
and
(iii) in subparagraph (B)(i), by inserting
``or water'' after ``energy'';
(B) in paragraph (2)--
(i) by striking ``buildings'' and inserting
``facilities''; and
(ii) by striking ``building'' and inserting
``facility''; and
(C) in paragraph (3), by adding at the end the
following: ``Not later than 1 year after the date of
enactment of the CLEAN Future Act, the Secretary shall
issue guidelines to establish criteria for exclusions
to water performance requirements under paragraph (1).
The Secretary shall update the criteria for exclusions
under this subsection as appropriate to reflect
changing technology and other conditions.'';
(5) in subsection (d)(2)--
(A) by inserting ``and water'' after ``energy'';
and
(B) by striking ``buildings'' and inserting
``facilities'';
(6) in subsection (e)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy'';
(B) in paragraph (1)--
(i) by striking ``By October 1'' and
inserting the following:
``(A) Energy.--By October 1'';
(ii) by striking ``buildings'' each place
it appears and inserting ``facilities''; and
(iii) by adding at the end the following:
``(B) Water.--By February 1, 2025, in accordance
with guidelines established by the Secretary under
paragraph (2), each agency shall use water meters at
facilities of the agency where doing so will assist in
reducing the cost of water used at such facilities.'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``and'' before
``Federal'';
(II) by inserting ``and any other
person the Secretary deems necessary,''
before ``shall''; and
(III) by striking ``paragraph
(1).'' and inserting ``paragraph
(1)(A). Not later than 180 days after
the date of enactment of the CLEAN
Future Act, the Secretary, in
consultation with such departments and
entities, shall establish guidelines
for agencies to carry out paragraph
(1)(B).''; and
(ii) in subparagraph (B)--
(I) by amending clause (i)(II) to
read as follows:
``(II) the extent to which metering
is expected to result in increased
potential for energy and water
management, increased potential for
energy and water savings, energy and
water efficiency improvements, and cost
savings due to utility contract
aggregation; and'';
(II) in clause (ii), by inserting
``and water'' after ``energy'';
(III) in clause (iii), by striking
``buildings'' and inserting
``facilities''; and
(IV) in clause (iv), by striking
``energy use of a Federal building''
and inserting ``energy and water use of
a Federal facility''; and
(D) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``this paragraph''
and inserting ``the CLEAN Future Act'';
and
(II) by inserting ``and water''
before ``use in''; and
(ii) in subparagraph (B)--
(I) by striking ``buildings'' each
place it appears and inserting
``facilities''; and
(II) in clause (ii), in the matter
preceding subclause (I), by inserting
``and water'' after ``energy'';
(7) in subsection (f)--
(A) in the subsection heading, by striking
``Buildings'' and inserting ``Facilities'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``In this subsection'' and
inserting ``In this section'';
(ii) in subparagraph (B)(i)(II), by
inserting ``and water'' after ``energy''; and
(iii) in subparagraph (C)(i), by inserting
``that consumes energy or water and is'' before
``owned or operated'';
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
water'' before ``use''; and
(ii) in subparagraph (B)--
(I) by striking ``energy'' before
``efficiency''; and
(II) by inserting ``or water''
before ``use'';
(D) in paragraph (7)(B)(ii)(II), by inserting ``and
water'' after ``energy'';
(E) in paragraph (8)--
(i) by striking ``building'' each place it
appears and inserting ``facility'';
(ii) in subparagraph (A), by adding at the
end the following: ``The energy manager shall
enter water use data for each metered facility
that is (or is a part of) a facility that meets
the criteria established by the Secretary under
paragraph (2)(B) into a facility water use
benchmarking system.''; and
(iii) in subparagraph (B), by striking
``this subsection'' and inserting ``the date of
enactment of the CLEAN Future Act''; and
(F) in paragraph (9)(A), in the matter preceding
clause (i), by inserting ``and water'' after
``energy''; and
(8) in subsection (g)(1)--
(A) by striking ``building'' and inserting
``facility''; and
(B) by striking ``energy efficient'' and inserting
``energy and water efficient''.
(b) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended by striking the item relating to section 543 and inserting the
following:
``Sec. 543. Energy and water management requirements.''.
Subtitle G--Open Back Better
SEC. 371. FACILITIES ENERGY RESILIENCY.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
building project at an eligible facility that--
(A) increases--
(i) resiliency, including--
(I) public health and safety;
(II) power outages;
(III) natural disasters;
(IV) indoor air quality; and
(V) any modifications necessitated
by the COVID-19 pandemic;
(ii) energy efficiency;
(iii) renewable energy; and
(iv) grid integration; and
(B) may have combined heat and power and energy
storage as project components.
(2) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Eligible facility.--The term ``eligible facility''
means a public facility, as determined by the Secretary,
including--
(A) a public school, including an elementary school
and a secondary school;
(B) a facility used to operate an early childhood
education program;
(C) a local educational agency;
(D) a medical facility;
(E) a local or State government building;
(F) a community facility;
(G) a public safety facility;
(H) a day care center;
(I) an institution of higher education;
(J) a public library; and
(K) a wastewater treatment facility.
(5) Environmental justice community.--The term
``environmental justice community'' has the meaning given that
term in section 601.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) Low income.--The term ``low income'' has the meaning
given that term in section 601.
(9) Low income community.--The term ``low income
community'' has the meaning given that term in section 601.
(10) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) State.--The term ``State'' has the meaning given the
term in section 3 of the Energy Policy and Conservation Act (42
U.S.C. 6202).
(13) State energy program.--The term ``State Energy
Program'' means the State Energy Program established under part
D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
(14) Tribal organization.--
(A) In general.--The term ``tribal organization''
has the meaning given the term in section 3765 of title
38, United States Code.
(B) Technical amendment.--Section 3765(4) of title
38, United States Code, is amended by striking
``section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l))'' and
inserting ``section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)''.
(b) State Programs.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall distribute grants
to States under the State Energy Program, in accordance with
the allocation formula established under that Program, to
implement covered projects.
(2) Use of funds.--
(A) In general.--Subject to subparagraph (B), grant
funds under paragraph (1) may be used for technical
assistance, project facilitation, and administration.
(B) Technical assistance.--A State may use not more
than 10 percent of grant funds received under paragraph
(1) to provide technical assistance for the
development, facilitation, management, oversight, and
measurement of results of covered projects implemented
using those funds.
(C) Environmental justice and other communities.--
To support communities adversely impacted by the COVID-
19 pandemic, a State shall use not less than 40 percent
of grant funds received under paragraph (1) to
implement covered projects in environmental justice
communities or low income communities.
(D) Private financing.--A State receiving a grant
under paragraph (1) shall--
(i) to the extent practicable, leverage
private financing for cost-effective energy
efficiency, renewable energy, resiliency, and
other smart-building improvements, such as by
entering into an energy service performance
contract; but
(ii) maintain the use of grant funds to
carry out covered projects with more project
resiliency, public health, and capital-
intensive efficiency and emission reduction
components than are typically available through
private energy service performance contracts.
(E) Guidance.--In carrying out a covered project
using grant funds received under paragraph (1), a State
shall, to the extent practicable, adhere to guidance
developed by the Secretary pursuant to the American
Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 115) relating to distribution of funds, if
that guidance will speed the distribution of funds
under this subsection.
(3) No matching requirement.--Notwithstanding any other
provision of law, a State receiving a grant under paragraph (1)
shall not be required to provide any amount of matching
funding.
(4) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (5) are
no longer available, the Secretary shall submit a report on the
use of those funds (including in the communities described in
paragraph (2)(C)) to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor of the
House of Representatives.
(5) Funding.--In addition to any amounts made available to
the Secretary to carry out the State Energy Program, there is
authorized to be appropriated to the Secretary $3,600,000,000
to carry out this subsection for each of fiscal years 2022
through 2031, to remain available until expended.
(6) Supplement, not supplant.--Funds made available under
paragraph (5) shall supplement, not supplant, any other funds
made available to States for the State Energy Program or the
weatherization assistance program established under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.).
(c) Federal Energy Management Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall use the funds
appropriated under paragraph (4) to provide grants under the
AFFECT program under the Federal Energy Management Program of
the Department of Energy to implement covered projects.
(2) Private financing.--A recipient of a grant under
paragraph (1) shall--
(A) to the extent practicable, leverage private
financing for cost-effective energy efficiency,
renewable energy, resiliency, and other smart-building
improvements, such as by entering into an energy
service performance contract; but
(B) maintain the use of grant funds to carry out
covered projects with more project resiliency, public
health, and capital-intensive efficiency and emission
reduction components than are typically available
through private energy service performance contracts.
(3) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (4) are
no longer available, the Secretary shall submit a report on the
use of those funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor of the
House of Representatives.
(4) Funding.--In addition to any amounts made available to
the Secretary to carry out the AFFECT program described in
paragraph (1), there is authorized to be appropriated to the
Secretary $500,000,000 to carry out this subsection, to remain
available until September 30, 2025.
(d) Tribal Organizations.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary, acting through the head
of the Office of Indian Energy, shall distribute funds made
available under paragraph (3) to Tribal organizations to
implement covered projects.
(2) Report.--Not later than 1 year after the date on which
funds are distributed under paragraph (1), and each year
thereafter until the funds made available under paragraph (3)
are no longer available, the Secretary shall submit a report on
the use of those funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor of the
House of Representatives.
(3) Funding.--There is authorized to be appropriated to the
Secretary $1,500,000,000 to carry out this subsection, to
remain available until September 30, 2025.
(e) Use of American Iron, Steel, and Manufactured Goods.--
(1) In general.--Except as provided in paragraph (2), none
of the funds made available by or pursuant to this section may
be used for a covered project unless all of the iron, steel,
and manufactured goods used in the project are produced in the
United States.
(2) Exceptions.--The requirement under paragraph (1) shall
be waived by the head of the relevant Federal department or
agency in any case or category of cases in which the head of
the relevant Federal department or agency determines that--
(A) adhering to that requirement would be
inconsistent with the public interest;
(B) the iron, steel, and manufactured goods needed
for the project are not produced in the United States--
(i) in sufficient and reasonably available
quantities; and
(ii) in a satisfactory quality; or
(C) the inclusion of iron, steel, and relevant
manufactured goods produced in the United States would
increase the overall cost of the project by more than
25 percent.
(3) Waiver publication.--If the head of a Federal
department or agency makes a determination under paragraph (2)
to waive the requirement under paragraph (1), the head of the
Federal department or agency shall publish in the Federal
Register a detailed justification for the waiver.
(4) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under all applicable international agreements.
(f) Wage Rate Requirements.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly or assisted in whole
or in part by the Federal Government pursuant to this section
shall be paid wages at rates not less than those prevailing on
projects of a similar character in the locality, as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly known as
the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), 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.
SEC. 372. PERSONNEL.
(a) In General.--To carry out section 371, the Secretary of Energy
shall hire within the Department of Energy--
(1) not less than 300 full-time employees in the Office of
Energy Efficiency and Renewable Energy;
(2) not less than 100 full-time employees, to be
distributed among--
(A) the Office of General Counsel;
(B) the Office of Procurement Policy;
(C) the Golden Field Office;
(D) the National Energy Technology Laboratory; and
(E) the Office of the Inspector General; and
(3) not less than 20 full-time employees in the Office of
Indian Energy.
(b) Timeline.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall--
(1) hire all personnel under subsection (a); or
(2) certify that the Secretary is unable to hire all
personnel by the date required under this subsection.
(c) Contract Hires.--
(1) In general.--If the Secretary makes a certification
under subsection (b)(2), the Secretary may hire on a contract
basis not more than 50 percent of the personnel required to be
hired under subsection (a).
(2) Duration.--An individual hired on a contract basis
under paragraph (1) shall have an employment term of not more
than 1 year.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $84,000,000 for
each of fiscal years 2022 through 2031.
(e) Report.--Not later than 60 days after the date of enactment of
this Act, and annually thereafter for 2 years, the Secretary shall
submit a report on progress made in carrying out subsection (a) to--
(1) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate;
(2) the Subcommittee on Energy and Water Development and
Related Agencies of the Committee on Appropriations of the
House of Representatives;
(3) the Committee on Energy and Natural Resources of the
Senate;
(4) the Committee on Energy and Commerce of the House of
Representatives; and
(5) the Committee on Education and Labor of the House of
Representatives.
Subtitle H--Benchmarking
SEC. 381. DEFINITIONS.
For purposes of this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Anonymized data.--The term ``anonymized data'' means
data that does not reveal names, addresses, or any other
information that would identify an individual or business.
(3) Condominium.--The term ``condominium'' means a property
that combines separate ownership of individual units with
common ownership of other elements, such as common areas.
(4) Covered property.--
(A) In general.--The term ``covered property''
means any of the following properties that exceeds
50,000 square feet in gross floor area:
(i) A single building.
(ii) One or more buildings held in the
condominium form of ownership, and governed by
a single board of managers.
(iii) A campus of two or more buildings
which are owned and operated by the same party
and are--
(I) behind a common utility meter,
or served by a common mechanical or
electrical system (such as a chilled
water loop), which would prevent the
owner from being able to easily
determine the energy use attributable
to each of the individual buildings; or
(II) used primarily as--
(aa) an elementary or
secondary school;
(bb) a hospital;
(cc) a hotel;
(dd) multifamily housing;
or
(ee) a senior care
community.
(B) Exclusions.--The term ``covered property'' does
not include any of the following:
(i) Single family, duplex, triplex, and
fourplex residential homes and related
accessory structures, or any other residential
building with less than 5 units.
(ii) Properties classified as manufacturing
per designated Standard Industrial
Classification (SIC) codes 20 through 39.
(iii) Other building types not meeting the
purpose of the initiative, as determined by the
Administrator.
(5) Energy star score.--The term ``Energy Star score''
means the 1-100 numeric rating generated by the Energy Star
Portfolio Manager tool as a measurement of a building's energy
efficiency.
(6) Energy star portfolio manager.--The term ``Energy Star
Portfolio Manager'' means the tool developed and maintained by
the Administrator to track and assess the relative energy
performance of buildings.
(7) Financial hardship.--The term ``financial hardship''
means, with respect to a property, that the property--
(A) had arrears of property taxes or water or
wastewater charges that resulted in the property's
inclusion, within the prior two years, on an annual tax
lien sale list;
(B) has a court appointed receiver in control of
the asset due to financial distress;
(C) is owned by a financial institution through
default by the borrower;
(D) has been acquired by a deed in lieu of
foreclosure; or
(E) has a senior mortgage subject to a notice of
default.
(8) Gross floor area.--The term ``gross floor area'' means
the total property area, measured between the outside surface
of the exterior walls of the building. This includes all areas
inside the building including lobbies, tenant areas, common
areas, meeting rooms, break rooms, atriums (count the base
level only), restrooms, elevator shafts, stairwells, mechanical
equipment areas, basements, and storage rooms.
(9) Initiative.--The term ``initiative'' means the
benchmarking and transparency initiative for commercial and
multifamily properties developed and carried out pursuant to
section 382.
(10) Owner.--The term ``owner'' means any of the following:
(A) An individual or entity possessing title to a
property.
(B) In the case of a condominium, the board of the
owners' association.
(C) The master association, in the case of a
condominium where the powers of an owners' association
are exercised by or delegated to a master association.
(D) The board of directors, in the case of a
cooperative apartment corporation.
(E) An agent authorized to act on behalf of any of
the above.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and the governing body of each federally
recognized Indian Tribe, band, nation, pueblo, or other
organized group or community which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 382. COMMERCIAL AND MULTIFAMILY BUILDING BENCHMARKING AND
TRANSPARENCY INITIATIVE.
(a) Purpose.--The Administrator shall develop and carry out a
benchmarking and transparency initiative for commercial and multifamily
properties the purpose of which is to--
(1) advance knowledge about building energy and water
performance and related greenhouse gas emissions by owners and
occupants; and
(2) inform efforts to reduce energy and water consumption
and greenhouse gas emissions nationwide.
(b) Consultation and Coordination.--In developing the initiative,
the Administrator shall consult with and coordinate with the Secretary,
other relevant agencies, and relevant stakeholders, including State and
local governments with relevant benchmarking programs and experts from
academia, nonprofits, and industry.
(c) Existing Programs.--In developing the initiative, the
Administrator shall make appropriate use of existing programs,
including--
(1) Energy Star Portfolio Manager;
(2) Energy Star for Buildings;
(3) Standard Energy Efficiency Data Platform;
(4) Building Performance Database;
(5) Unique Building Identifier;
(6) Commercial Building Energy Consumption Survey; and
(7) Green Button.
SEC. 383. NATIONAL BENCHMARKING REQUIREMENT.
(a) In General.--In carrying out the initiative, the Administrator
shall require each owner of a covered property to submit data annually
to the Administrator (hereinafter to be known as a ``benchmarking
submission'') that includes data required under subsection (d).
(b) Benchmarking Schedule.--The owner of each covered property
shall make a benchmarking submission for the covered property with
respect to the previous calendar year not later than--
(1) for a residential covered property, May 1, 2025, and
each year thereafter; or
(2) for a covered property not described in paragraph (1),
May 1, 2024, and each year thereafter.
(c) Notification.--
(1) Public list.--By December 1 of each year prior to a
year in which benchmarking submissions are due, the
Administrator may publicly post a list of all covered
properties that are required provide a benchmarking submission
to the Administrator during the following year.
(2) First submissions.--Between January 1 and March 1 of
each year, for at least the first 3 years during which an owner
is required to provide a benchmarking submission, the
Administrator shall attempt to notify such owner of such
requirement via direct mail, electronically via email, or
through a public posting on a website.
(3) Failure to notify.--Failure of the Administrator to
notify an owner of a covered property under this subsection
shall not affect the obligation of such owner to make a
benchmarking submission.
(d) Benchmarking Data Collection and Reporting.--
(1) Requirements.--
(A) In general.--Not later than 6 months after the
date of the enactment of this Act, the Administrator
shall develop requirements for benchmarking
submissions.
(B) Failure to develop requirements.--If the
Administrator fails to develop requirements pursuant to
subparagraph (A), the owner of each covered property
shall make a benchmarking submission in accordance with
paragraphs (2) and (3).
(C) Updating requirements.--The Administrator may
periodically update the requirements under this
paragraph to increase data transparency for the
purposes of reducing energy and water consumption and
greenhouse gas emissions of covered properties.
(2) Data requirements.--The requirements developed under
paragraph (1) shall include a requirement that each
benchmarking submission for a covered property include--
(A) descriptive information about the covered
property, including--
(i) the address;
(ii) the gross floor area;
(iii) the property type; and
(iv) the individual or entity responsible
for the benchmarking submission; and
(B) information about the operational
characteristics of the covered property, including--
(i) aggregated whole-building data for the
covered property's energy and water
consumption, including monthly--
(I) energy use, by fuel type; and
(II) total water use and, when
available, indoor and outdoor water
use;
(ii) the weather-normalized site and source
Energy Use Intensity (EUI) per unit area per
year (kBTU per square foot per year) for the
covered property;
(iii) the site and source Energy Use
Intensity (EUI) per unit area per year (kBTU
per square foot per year) for the covered
property;
(iv) the annual carbon dioxide equivalent
emissions due to energy use for the covered
property, as estimated by the Energy Star
Portfolio Manager, where available;
(v) the Energy Star score, where available;
(vi) the Energy Star Water Score, where
available; and
(vii) the number of years the covered
property has been Energy Star certified and the
last approval date, if applicable.
(3) Reporting requirements.--
(A) Data quality check.--Before making a
benchmarking submission with respect to a covered
property, the owner of the covered property shall run
data quality checks to verify that all data is
accurate. In order for the benchmarking submission to
be considered in compliance with this section, the
owner shall correct all missing or incorrect
information as identified by the data quality checks
run pursuant to this subparagraph prior to finalizing
the benchmarking submission.
(B) Inaccurate or incomplete information.--Where
the owner learns that any information reported as part
of a benchmarking submission is inaccurate or
incomplete, the owner shall amend the benchmarking
submission within 30 days of learning of the
inaccuracy.
(e) Aggregated Whole-Building Data.--
(1) Exclusions.--Aggregated whole-building data submitted
under this section shall not include separately metered uses
that are not integral to building operations, as determined by
the Administrator.
(2) Compilation of data.--
(A) Methods.--Aggregated whole-building data for a
covered property's energy and water use may be compiled
using one or more of the following methods:
(i) Obtaining aggregated whole-building
data from a utility pursuant to subparagraph
(B).
(ii) Collecting data from all tenants
pursuant to subparagraph (C).
(iii) Reading a master meter.
(B) Utility data.--A utility that distributes or
sells energy or water to a covered property may
directly submit to the Administrator aggregated whole-
building data on the energy or water use of the covered
property for the covered property if--
(i) the owner of the covered property
requests the utility release the data for the
purposes of meeting the requirements of this
section; and
(ii)(I) the number of individually metered
accounts associated with the covered property
is at least 3; or
(II) the owner provides proof of consent
from each tenant for the utility to release the
data.
(C) Tenant data.--
(i) In general.--If a utility does not
provide aggregated whole-building data, the
owner of a covered property shall request any
information that cannot otherwise be acquired
by the owner and that is needed by the owner to
comply with the requirements of this section
from each tenant located on the property.
(ii) Intention to vacate.--When the owner
of a covered property receives notice that a
nonresidential tenant intends to vacate a space
within such covered property, and the utilities
that distribute or sell energy or water to the
covered property do not provide aggregated
whole-building energy and water data, the owner
shall request information relating to such
tenant's energy and water use for any period of
occupancy relevant to the owner's obligation to
make a benchmarking submission.
(3) Use of data.--Nothing in this section shall be
construed to--
(A) permit a property owner to use tenant energy or
water usage data for purposes other than compliance
with benchmarking submission requirements; or
(B) relieve property owners from compliance with
State or local laws governing direct access to tenant
utility data from the responsible utility.
SEC. 384. EXEMPTIONS AND EXTENSIONS.
(a) State or Local Benchmarking.--
(1) Exemption.--The owner of a covered property shall not
be required to make a benchmarking submission with respect to
the covered property for a calendar year if the owner satisfies
an applicable State or local benchmarking requirement for which
a certification is approved under this subsection.
(2) State and local benchmarking requirements.--
(A) In general.--A State may provide a
certification to the Administrator that the State--
(i) has reviewed and updated, as necessary,
an existing State benchmarking requirement, or
established a new State benchmarking
requirement that meets or exceeds the
benchmarking submission requirements under
section 383; and
(ii) will provide State benchmarking data
that meet the requirements under section 383,
in a form determined by the Administrator.
(B) Confirmation.--
(i) Requirement.--Not later than 90 days
after a State certification is provided under
subparagraph (A), the Administrator shall
determine whether the State's benchmarking
requirement meets or exceeds the benchmarking
submission requirements under section 383.
(ii) Acceptance by administrator.--If the
Administrator determines under clause (i) that
a State's benchmarking requirement meets or
exceeds the benchmarking submission
requirements under section 383, the
Administrator shall approve the certification.
(iii) Deficiency notice.--If the
Administrator determines under clause (i) that
a State's benchmarking requirement does not
meet or exceed the benchmarking submission
requirements under section 383, the
Administrator shall identify any deficiencies,
and, to the extent possible, indicate how the
State's benchmarking requirement could be
updated to eliminate any deficiencies
identified.
(iv) Revision and recertification.--A State
may revise its benchmarking requirement and
submit a recertification under subparagraph (A)
to the Administrator at any time.
(C) Local certification.--In any State that has not
certified a State benchmarking requirement under this
subsection, a local government may certify a local
benchmarking requirement in accordance with this
subsection.
(D) Revocation.--If, at any time, the Administrator
determines that the benchmarking requirements of a
State or local government with an approved
certification under this section no longer meet or
exceed the benchmarking submission requirements under
section 383, the Administrator shall revoke such
certification.
(b) Exemptions for Certain Conditions.--
(1) Exemption request.--The owner of a covered property may
request an exemption from making a benchmarking submission in
accordance with this subsection.
(2) Deadline and documentation.--In order to receive an
exemption under this subsection, the owner of a covered
property shall, by March 1 in the year for which the
benchmarking submission is due, submit to the Administrator any
documentation reasonably necessary to substantiate the request
or otherwise assist the Administrator determining whether to
grant such exemption.
(3) Conditions.--The Administrator may grant an exemption
under this subsection if the request for such exemption
establishes that the applicable covered property met one or
more of the following conditions for the calendar year to be
benchmarked:
(A) A demolition permit for the covered property
was issued during the calendar year, provided that
demolition work commenced and legal occupancy was no
longer possible prior to end of such calendar year.
(B) The covered property did not receive energy or
water utility services for at least 90 days during such
calendar year.
(C) The covered property had an average physical
occupancy rate of less than 50 percent over such
calendar year.
(D) Due to special circumstances unique to the
covered property, strict compliance with the
requirements of the initiative would not be in the
public interest.
(E) Due to special circumstances unique to the
covered property and not based on a condition caused by
actions of the applicant, strict compliance with
provisions of the initiative would cause undue
hardship.
(F) The covered property is under financial
hardship.
(G) More than 50 percent of gross floor area is
used for residential purposes and--
(i) more than 4 meters are associated with
the covered property;
(ii) the owner is not able to obtain
aggregated whole-building data; and
(iii) the utility that provides energy or
water service does not provide access to
aggregated whole-building data.
(4) Limitation of exemption.-- In granting an exemption
under this subsection, the Administrator shall limit the
exemption to the benchmarking submission for which the request
was made.
(c) Time Extensions.--An owner may apply for a time extension for a
benchmarking submission if, despite such owner's good faith efforts,
the owner is unable to complete the benchmarking submission prior to
the scheduled due date due to the failure of either a utility provider
or a tenant to provide the owner with information needed to complete
such benchmarking submission. The owner requesting an extension shall
submit to the Administrator any documentation reasonably necessary to
substantiate the request or otherwise assist the Administrator in the
determination. For each covered property, the Administrator may grant
no more than 2 such extensions per year of not more than 60 days each.
SEC. 385. DATA TRANSPARENCY AND SHARING.
(a) Data Transparency.--
(1) In general.--The Administrator shall, to help inform
owners, managers, tenants, and the market at large about a
covered property's energy and water performance, annually make
available on a publicly accessible website the subset of data,
determined in accordance with paragraph (3), that is submitted
to the Administrator for the previous calendar year for such
covered property.
(2) Availability.--The subset of data made available under
this section for a covered property shall first be made
available to the public beginning the year after the owner of
such covered property is first required to make a benchmarking
submission for such covered property.
(3) Shared benchmarking information.--Not later than 6
months after the enactment of this Act, the Administrator shall
determine the subset of data submitted to the Administrator to
be made publicly available under paragraph (1), which shall
include gross floor area and the information described in
section 383(d)(2)(B), as the Administrator determines
appropriate.
(4) Exclusions.--The Administrator may determine if any
data shall be excluded from publication under this subsection
because it is not in the public interest.
(b) Sharing of Data.--
(1) Sharing of nonanonymized data.--The Administrator may
provide data regarding a covered property that is not
anonymized data from benchmarking submissions to any utility
serving the covered property or to any Federal, State, county
or city-managed energy efficiency or management program,
provided that the data will be used only for purposes of
offering programs, services, and incentives related to energy
and water efficiency and management, and provided that the
Administrator has first obtained the covered property owner's
written or electronic permission to so share such data.
(2) Disclosure of anonymized data.--The Administrator may
disclose any data from benchmarking submissions to a third
party for academic or other non-commercial research purposes
provided that such data is anonymized data.
SEC. 386. FEDERAL IMPLEMENTATION AND SUPPORT.
(a) Energy Star Portfolio Manager.--
(1) Support.--The Administrator shall improve the Energy
Star Portfolio Manager and enhance implementation of the
initiative, including by--
(A) expanding the types of buildings eligible for
Energy Star scores;
(B) considering the most effective use of data
gathered from the initiative and the Commercial
Buildings Energy Consumption Survey in determining a
timely and accurate Energy Star score for covered
properties;
(C) considering greenhouse gas emissions in
determining Energy Star scores;
(D) integrating onsite renewable energy and other
distributed energy resources into the Energy Star
Portfolio Manager;
(E) incorporating data on grid-integrated
buildings, smart meters, and other smart devices into
the Energy Star Portfolio Manager; and
(F) making any other improvements the Administrator
determines appropriate.
(2) Authorization of appropriations.--For each of fiscal
years 2022 through 2031 there is authorized to be appropriated
to carry out this subsection $5,000,000 to remain available
until expended.
(b) State and Local Benchmarking Implementation.--
(1) Technical assistance.--The Administrator shall provide
relevant technical assistance to any State or local government
that has an approved certification under section 384(a) or any
State or local government that intends to establish a
benchmarking requirement for certification under section 384,
including providing--
(A) training for using the Energy Star Portfolio
Manager, or any other relevant Federal tools or
databases;
(B) education and outreach materials on
benchmarking submissions for owners of covered
properties; and
(C) any other technical assistance the
Administrator determines appropriate.
(2) New benchmarking programs.--The Administrator shall
provide financial assistance to States and local governments to
help State and local governments establish State or local
benchmarking programs. Not later than 90 days after the date of
enactment of this Act, the Administrator shall develop
application materials for State and local governments to apply
for such assistance and funding award limits. As part of the
application, a State or local government shall commit to
provide a certification pursuant to section 384 not later than
2 years after receiving funds under this subsection.
(3) Authorization of appropriations.--For each of fiscal
years 2022 through 2031 there is authorized to be appropriated
to carry out this subsection $50,000,000.
TITLE IV--TRANSPORTATION
Subtitle A--Greenhouse Gas Pollution Emission Standards
SEC. 401. TRANSPORTATION CARBON MANAGEMENT.
(a) Nonroad Engine Greenhouse Gas Emission Standards.--Section 213
of the Clean Air Act (42 U.S.C. 7547) is amended by adding at the end
the following:
``(e) Greenhouse Gas Emission Standards.--
``(1) Notwithstanding subsection (a)(4), the Administrator
shall promulgate standards for emissions of greenhouse gases
for every class or category of new nonroad engines and new
nonroad vehicles, taking into account costs, noise, safety, and
energy factors associated with the application of technology
which the Administrator determines will be available for the
engines and vehicles to which such standards apply. The
regulations shall apply to the useful life of the engines or
vehicles (as determined by the Administrator).
``(2) The Administrator shall promulgate regulations
containing standards applicable to greenhouse gas emissions
from new locomotives and new engines used in locomotives. Such
standards shall achieve the greatest degree of emission
reduction achievable through the application of technology
which the Administrator determines will be available for the
locomotives or engines to which such standards apply, giving
appropriate consideration to the cost of applying such
technology within the period of time available to manufactures
and to noise, energy, and safety factors associated with the
application of such technology.
``(3) The Administrator shall promulgate the regulations
required by this subsection within 24 months of the date of
enactment of this subsection.
``(4) The Administrator shall promulgate successive
greenhouse gas emission standards pursuant to this subsection,
and shall--
``(A) ensure that pursuant to such successive
standards a greenhouse gas emission standard is always
in effect for each regulated class or category of new
nonroad engines, new nonroad vehicles, new locomotives,
and new engines used in locomotives;
``(B) mandate increased reductions in greenhouse
gas emissions in each successive set of emission
standards compared to the prior set of standards; and
``(C) determine the level of successive emission
standards based on the degree of greenhouse gas
emission reductions needed to achieve the national
interim goal and the national goal declared by section
101 of the CLEAN Future Act.
``(f) Methane Slip Report to Congress.--
``(1) The Administrator shall conduct a study of methane
slip in engine exhaust, including the existence or absence of
effective systems for control of methane slip in engine
exhaust.
``(2) The Administrator shall, to the extent practicable,
and in consultation with the Secretary of Energy, as
appropriate, carry out science-based research and development
activities to pursue dramatic improvements in the effectiveness
for methane control of catalytic systems suitable for
commercial application.
``(3) Not later than 24 months after the date of enactment
of this subsection, the Administrator shall submit a report to
the Congress outlining the findings of the study. The report
shall further include policy recommendations for addressing
emissions from methane slip in engine exhaust in light of the
national interim goal and the national goal declared by section
101 of the CLEAN Future Act.''.
(b) Aircraft Greenhouse Gas Emission Standards.--
(1) In-service aircraft.--
(A) In general.--Not later than 12 months after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency (in this subsection
referred to as the ``Administrator'') shall, pursuant
to section 231 of the Clean Air Act (42 U.S.C. 7571),
promulgate aircraft engine emission standards for
greenhouse gas emissions from existing in-service
aircraft.
(B) Tiered standards.--In promulgating the emission
standards required by this paragraph, the Administrator
shall--
(i) establish tiered emission standards to
achieve increased stringency and ambition
across aircraft fleets; and
(ii) in carrying out clause (i), make the
least stringent tier at least as stringent as
the International Civil Aviation Organization's
CAEP/10 standard for carbon dioxide.
(C) Increased ambition.--In promulgating the
emission standards required by this paragraph, the
Administrator shall consider incorporating flexibility
mechanisms, such as averaging and banking, in order to
increase emission reduction ambition.
(2) New aircraft.--
(A) In general.--Not later than 36 months after the
date of enactment of this Act, the Administrator shall,
pursuant to section 231 of the Clean Air Act (42 U.S.C.
7571), promulgate aircraft engine emission standards
for greenhouse gas emissions from new aircraft.
(B) Application date.--The emission standards
required to be promulgated pursuant to this paragraph
shall apply to all new aircraft delivered on or after
January 1, 2030.
(C) Criteria.--The Administrator shall consider all
currently and potentially available technologies for
new aircraft in establishing the emission standards
required by this paragraph.
(D) Increased ambition.--In promulgating the
emission standards required by this paragraph, the
Administrator shall consider incorporating flexibility
mechanisms, such as averaging and banking, in order to
increase emission reduction ambition.
(3) Ongoing regulation.--The Administrator shall promulgate
successive greenhouse gas emission standards pursuant to this
subsection, and shall--
(A) ensure that, pursuant to such successive
standards, a greenhouse gas emission standard is always
in effect for each regulated class or category of
existing in-service and new aircraft engines;
(B) mandate increased reductions in greenhouse gas
emissions in each successive set of emission standards
compared to the prior set of standards; and
(C) determine the level of successive emission
standards based on the degree of greenhouse gas
emission reductions needed to achieve the national
interim goal and the national goal declared by section
101.
(c) Uniform State Clean Car Authority.--Section 177 of the Clean
Air Act (42 U.S.C. 7507) is amended--
(1) in the section heading, by striking ``nonattainment''
and inserting ``all''; and
(2) by striking the words ``which has plan provisions
approved under this part''.
Subtitle B--Cleaner Fuels
SEC. 411. ACCELERATING APPROVAL OF CLEAN FUELS.
The Administrator of the Environmental Protection Agency shall take
final action on a petition for approval of a renewable fuel pathway
under the renewable fuel program under section 211(o) of the Clean Air
Act (42 U.S.C. 7545(o)) if--
(1) 90 days or more has passed since the petition was
submitted to the Administrator; and
(2) the combination of the fuel type, production process,
and feedstock that is described in the petition has been
approved for sale in at least one State under a program
designed to reduce the carbon intensity of transportation fuel.
SEC. 412. ANNUAL DEADLINE FOR PETITIONS BY SMALL REFINERIES FOR
EXEMPTIONS FROM RENEWABLE FUEL REQUIREMENTS.
(a) Deadline.--Notwithstanding any other provision of law,
petitions under section 211(o)(9) of the Clean Air Act (42 U.S.C.
7545(o)(9)) for an exemption from the requirements of section 211(o)(2)
of such Act (42 U.S.C. 7545(o)(2)) shall be submitted to the
Administrator of the Environmental Protection Agency by June 1 of the
year preceding the year when such requirements would otherwise be in
effect.
(b) Effect of Failure To Meet Deadline.--If a petition described in
subsection (a) is not submitted by the deadline specified in such
subsection, the petition shall be ineligible for consideration or
approval.
SEC. 413. INFORMATION IN PETITION SUBJECT TO PUBLIC DISCLOSURE.
(a) In General.--The information described in subsection (b) in any
submission to the Environmental Protection Agency by any person,
including a small refinery, with respect to a petition under section
211(o)(9)(B) of the Clean Air Act (42 U.S.C. 7545(o)(9)(B))--
(1) shall not be deemed to be a trade secret or
confidential information; and
(2) shall be subject to public disclosure under section 552
of title 5, United States Code.
(b) Described Information.--The information described in this
subsection is--
(1) the name of the small refinery requesting an extension
of an exemption;
(2) the number of gallons of renewable fuel that will not
be contained in fuel pursuant to section 211(o)(2) of the Clean
Air Act (42 U.S.C. 7545(o)(2)) as a result of the extension if
the extension is granted; and
(3) the compliance year for which the extension is
requested.
(c) Applicability.--Subsection (a) applies only with respect to
information submitted with respect to a petition under section
211(o)(9)(B) of the Clean Air Act (42 U.S.C. 7545(o)(9)(B)) for
calendar year 2023 or a subsequent calendar year.
Subtitle C--ZEV Vehicle Deployment
SEC. 421. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.
Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended by striking ``$100,000,000 for each of fiscal
years 2012 through 2024'' and inserting ``$500,000,000 for each of
fiscal years 2022 through 2031''.
SEC. 422. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED
VEHICLES.
(a) Establishment of Pilot Program.--The Administrator shall
establish and carry out a pilot program to award funds, in the form of
grants, rebates, and low-cost revolving loans, as determined
appropriate by the Administrator, on a competitive basis, to eligible
entities to carry out projects described in subsection (b).
(b) Projects.--An eligible entity receiving an award of funds under
subsection (a) may use such funds only for one or more of the following
projects:
(1) Transport refrigeration unit replacement.--A project to
retrofit a heavy-duty vehicle by replacing or retrofitting the
existing diesel-powered transport refrigeration unit in such
vehicle with an electric transport refrigeration unit and
retiring the replaced unit for scrappage.
(2) Shore power infrastructure.--A project to purchase and
install shore power infrastructure or other equipment that
enables transport refrigeration units to connect to electric
power and operate without using diesel fuel.
(c) Maximum Amounts.--The amount of an award of funds under
subsection (a) shall not exceed--
(1) for the costs of a project described in subsection
(b)(1), 75 percent of such costs; and
(2) for the costs of a project described in subsection
(b)(2), 55 percent of such costs.
(d) Applications.--To be eligible to receive an award of funds
under subsection (a), an eligible entity shall submit to the
Administrator--
(1) a description of the air quality in the area served by
the eligible entity, including a description of how the air
quality is affected by diesel emissions from heavy-duty
vehicles;
(2) a description of the project proposed by the eligible
entity, including--
(A) any technology to be used or funded by the
eligible entity; and
(B) a description of the heavy-duty vehicle or
vehicles of the eligible entity, that will be
retrofitted, if any, including--
(i) the number of such vehicles;
(ii) the uses of such vehicles;
(iii) the locations where such vehicles
dock for the purpose of loading or unloading;
and
(iv) the routes driven by such vehicles,
including the times at which such vehicles are
driven;
(3) an estimate of the cost of the proposed project;
(4) a description of the age and expected lifetime control
of the equipment used or funded by the eligible entity; and
(5) provisions for the monitoring and verification of the
project including to verify scrappage of replaced units.
(e) Priority.--In awarding funds under subsection (a), the
Administrator shall give priority to proposed projects that, as
determined by the Administrator--
(1) maximize public health benefits;
(2) are the most cost-effective; and
(3) will serve the communities that are most polluted by
diesel motor emissions, including communities that the
Administrator identifies as being in either nonattainment or
maintenance of the national ambient air quality standards for a
criteria pollutant, particularly for--
(A) ozone; and
(B) particulate matter.
(f) Data Release.--Not later than 120 days after the date on which
an award of funds is made under this section, the Administrator shall
publish on the website of the Environmental Protection Agency, on a
downloadable electronic database, information with respect to such
award of funds, including--
(1) the name and location of the recipient;
(2) the total amount of funds awarded;
(3) the intended use or uses of the awarded funds;
(4) the date on which the award of funds was approved;
(5) where applicable, an estimate of any air pollution or
greenhouse gas emissions avoided as a result of the project
funded by the award; and
(6) any other data the Administrator determines to be
necessary for an evaluation of the use and effect of awarded
funds provided under this section.
(g) Reports to Congress.--
(1) Annual report to congress.--Not later than 1 year after
the date of the establishment of the pilot program under this
section, and annually thereafter until amounts made available
to carry out this section are expended, the Administrator shall
submit to Congress and make available to the public a report
that describes, with respect to the applicable year--
(A) the number of applications for awards of funds
received under such program;
(B) all awards of funds made under such program,
including a summary of the data described in subsection
(f);
(C) the estimated reduction of annual emissions of
air pollutants regulated under section 109 of the Clean
Air Act (42 U.S.C. 7409), and the estimated reduction
of greenhouse gas emissions, associated with the awards
of funds made under such program;
(D) the number of awards of funds made under such
program for projects in communities described in
subsection (e)(3); and
(E) any other data the Administrator determines to
be necessary to describe the implementation, outcomes,
or effectiveness of such program.
(2) Final report.--Not later than 1 year after amounts made
available to carry out this section are expended, or 5 years
after the pilot program is established, whichever comes first,
the Administrator shall submit to Congress and make available
to the public a report that describes--
(A) all of the information collected for the annual
reports under paragraph (1);
(B) any benefits to the environment or human health
that could result from the widespread application of
electric transport refrigeration units for short-haul
transportation and delivery of perishable goods or
other goods requiring climate-controlled conditions,
including in low-income communities and communities of
color;
(C) any challenges or benefits that recipients of
awards of funds under such program reported with
respect to the integration or use of electric transport
refrigeration units and associated technologies;
(D) an assessment of the national market potential
for electric transport refrigeration units;
(E) an assessment of challenges and opportunities
for widespread deployment of electric transport
refrigeration units, including in urban areas; and
(F) recommendations for how future Federal, State,
and local programs can best support the adoption and
widespread deployment of electric transport
refrigeration units.
(h) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Diesel-powered transport refrigeration unit.--The term
``diesel-powered transport refrigeration unit'' means a
transport refrigeration unit that is powered by an independent
diesel internal combustion engine.
(3) Electric transport refrigeration unit.--The term
``electric transport refrigeration unit'' means a transport
refrigeration unit in which the refrigeration or climate-
control system is driven by an electric motor when connected to
shore power infrastructure or other equipment that enables
transport refrigeration units to connect to electric power,
including all-electric transport refrigeration units, hybrid
electric transport refrigeration units, and standby electric
transport refrigeration units.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a regional, State, local, or Tribal agency, or
port authority, with jurisdiction over transportation
or air quality;
(B) a nonprofit organization or institution that--
(i) represents or provides pollution
reduction or educational services to persons or
organizations that own or operate heavy-duty
vehicles or fleets of heavy-duty vehicles; or
(ii) has, as its principal purpose, the
promotion of air quality;
(C) an individual or entity that is the owner of
record of a heavy-duty vehicle or a fleet of heavy-duty
vehicles that operates for the transportation and
delivery of perishable goods or other goods requiring
climate-controlled conditions;
(D) an individual or entity that is the owner of
record of a facility that operates as a warehouse or
storage facility for perishable goods or other goods
requiring climate-controlled conditions; or
(E) a hospital or public health institution that
utilizes refrigeration for storage of perishable goods
or other goods requiring climate-controlled conditions.
(5) Heavy-duty vehicle.--The term ``heavy-duty vehicle''
means--
(A) a commercial truck or van--
(i) used for the primary purpose of
transporting perishable goods or other goods
requiring climate-controlled conditions; and
(ii) with a gross vehicle weight rating
greater than 6,000 pounds; or
(B) an insulated cargo trailer used in transporting
perishable goods or other goods requiring climate-
controlled conditions when mounted on a semitrailer.
(6) Shore power infrastructure.--The term ``shore power
infrastructure'' means electrical infrastructure that provides
power to the electric transport refrigeration unit of a heavy-
duty vehicle when such vehicle is stationary on a property
where such vehicle is parked or loaded, including a food
distribution center or other location where heavy-duty vehicles
congregate.
(7) Transport refrigeration unit.--The term ``transport
refrigeration unit'' means a climate-control system installed
on a heavy-duty vehicle for the purpose of maintaining the
quality of perishable goods or other goods requiring climate-
controlled conditions.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, to remain available until
expended.
(2) Administrative expenses.--The Administrator may use not
more than 1 percent of amounts made available pursuant to
paragraph (1) for administrative expenses to carry out this
section.
SEC. 423. CLEAN SCHOOL BUS PROGRAM.
(a) In General.--Section 741 of the Energy Policy Act of 2005 (42
U.S.C. 16091) is amended to read as follows:
``SEC. 741. CLEAN SCHOOL BUS PROGRAM.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Clean school bus.--The term `clean school bus' means
a school bus that is a zero-emission school bus.
``(3) Community of color.--The term `community of color'
has the meaning given that term in section 601 of the CLEAN
Future Act.
``(4) Eligible contractor.--The term `eligible contractor'
means a contractor that is a for-profit, not-for-profit, or
nonprofit entity that has the capacity--
``(A) to sell clean school buses, or charging or
other equipment needed to charge or maintain clean
school buses, to individuals or entities that own a
school bus or fleet of school buses; or
``(B) to arrange financing for such a sale.
``(5) Eligible recipient.--
``(A) In general.--Subject to subparagraph (B), the
term `eligible recipient' means--
``(i) 1 or more local or State governmental
entities responsible for--
``(I) providing school bus service
to 1 or more public school systems; or
``(II) the purchase of school
buses;
``(ii) a tribally controlled school (as
defined in section 5212 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C.
2511));
``(iii) a nonprofit school transportation
association; or
``(iv) 1 or more contracting entities that
provide school bus service to 1 or more public
school systems.
``(B) Special requirements.--In the case of
eligible recipients identified under clauses (iii) and
(iv) of subparagraph (A), the Administrator shall
establish timely and appropriate requirements for
notice and may establish timely and appropriate
requirements for approval by the public school systems
that would be served by buses purchased using award
funds made available under this section.
``(6) Indigenous community.--The term `indigenous
community' has the meaning given that term in section 601 of
the CLEAN Future Act.
``(7) Low income.--The term `low income' has the meaning
given that term in section 601 of the CLEAN Future Act.
``(8) Low-income community.--The term `low-income
community' has the meaning given that term in section 601 of
the CLEAN Future Act.
``(9) School bus.--The term `school bus' has the meaning
given the term `schoolbus' in section 30125(a) of title 49,
United States Code.
``(10) Scrap.--
``(A) In general.--The term `scrap' means, with
respect to a school bus engine replaced using funds
awarded under this section, to recycle, crush, or shred
the engine within such period and in such manner as
determined by the Administrator.
``(B) Exclusion.--The term `scrap' does not include
selling, leasing, exchanging, or otherwise disposing of
an engine described in subparagraph (A) for use in
another motor vehicle in any location.
``(11) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(12) Zero-emission school bus.--The term `zero-emission
school bus' means a school bus with a drivetrain that produces,
under any possible operational mode or condition, zero exhaust
emission of--
``(A) any air pollutant that is listed pursuant to
section 108(a) of the Clean Air Act (42 U.S.C. 7408(a))
(or any precursor to such an air pollutant); and
``(B) any greenhouse gas.
``(b) Program for Replacement of Existing School Buses With Clean
School Buses.--
``(1) Establishment.--The Administrator, in consultation
with the Secretary, shall establish a program for--
``(A) making awards on a competitive basis of
grants, rebates, and low-cost revolving loans to
eligible recipients for the replacement of existing
school buses with clean school buses; and
``(B) making awards of contracts to eligible
contractors for providing rebates and low-cost
revolving loans for the replacement of existing school
buses with clean school buses.
``(2) Applications.--An applicant for an award under this
section shall submit to the Administrator an application at
such time, in such manner, and containing such information as
the Administrator may require, including--
``(A) a written assurance that--
``(i) all laborers and mechanics employed
by contractors or subcontractors during
construction, alteration, or repair, or at any
manufacturing operation, that is financed, in
whole or in part, by an award under this
section, shall be paid wages at rates not less
than those prevailing in a similar firm or on
similar construction in the locality, as
determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of
title 40, United States Code; and
``(ii) the Secretary of Labor shall, with
respect to the labor standards described in
this clause, 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) a certification that no public work or
service normally performed by a public employee will be
privatized or subcontracted in carrying out a project
funded by the award;
``(C) to ensure a fair assessment of workforce
impact related to an award under this section, a
detailed accounting with respect to relevant employees,
including employees in each of management,
administration, operations, and maintenance, of the
eligible recipient at the time of the application,
including--
``(i) the number of employees, organized by
salary;
``(ii) the bargaining unit status of each
employee;
``(iii) the full- or part-time status of
each employee; and
``(iv) the job title of each employee; and
``(D) a description of coordination and advance
planning with the local electricity provider.
``(3) Eligible manufacturers.--
``(A) In general.--The Administrator shall maintain
and make publicly available a list of manufacturers of
clean school bus manufacturers from whom recipients of
awards under this section may order clean school buses.
``(B) Criteria.--The Administrator shall establish
a process by which manufacturers may seek inclusion on
the list established pursuant to this subparagraph,
which process shall include the submission of such
information as the Administrator may require,
including--
``(i) a disclosure of whether there has
been any administrative merits determination,
arbitral award or decision, or civil judgment,
as defined in guidance issued by the Secretary
of Labor, rendered against the manufacturer in
the preceding 3 years for violations of
applicable labor, employment, civil rights, or
health and safety laws; and
``(ii) specific information regarding the
actions the manufacturer will take to
demonstrate compliance with, and where possible
exceedance of, requirements under applicable
labor, employment, civil rights, and health and
safety laws, and actions the manufacturer will
take to ensure that its direct suppliers
demonstrate compliance with applicable labor,
employment, civil rights, and health and safety
laws.
``(4) Priority of applications.----
``(A) Highest priority.--In making awards under
paragraph (1), the Administrator shall give highest
priority to applicants that propose to replace school
buses that serve the highest number of students
(measured in absolute numbers or percentage of student
population) who are eligible for free or reduced price
lunches under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(B) Additional priority.--In making awards under
paragraph (1), the Administrator shall give priority to
applicants that propose to complement the assistance
received through the award by securing additional
sources of funding for the activities supported through
the award, such as through--
``(i) public-private partnerships with
electric companies;
``(ii) grants from other entities; or
``(iii) issuance of school bonds.
``(5) Use of school bus fleet.--All clean school buses
acquired with funds provided under this section shall--
``(A) be operated as part of the school bus fleet
for which the award was made for not less than 5 years;
``(B) be maintained, operated, charged, and fueled
according to manufacturer recommendations or State
requirements; and
``(C) not be manufactured or retrofitted with, or
otherwise have installed, a power unit or other
technology that creates air pollution within the school
bus, such as an unvented diesel passenger heater.
``(6) Awards.--
``(A) In general.--In making awards under paragraph
(1), the Administrator may make awards for up to 100
percent of the replacement costs for clean school
buses, provided that such replacement costs shall not
exceed 110 percent of the amount equal to the
difference between the cost of a clean school bus and
the cost of a diesel school bus.
``(B) Structuring awards.--In making an award under
paragraph (1)(A), the Administrator shall decide
whether to award a grant, rebate, or low-cost revolving
loan, or a combination thereof, based primarily on--
``(i) how best to facilitate replacing
existing school buses with clean school buses;
and
``(ii) the preference of the eligible
recipient.
``(C) Included costs.--Awards under paragraph (1)
may pay for--
``(i) acquisition and labor costs for
charging or other infrastructure needed to
charge or maintain clean school buses;
``(ii) workforce development and training,
to support the maintenance, charging, and
operations of electric school buses; and
``(iii) planning and technical activities
to support the adoption and deployment of clean
school buses.
``(D) Exception.--In the case of awards under
paragraph (1) to eligible recipients described in
subsection (a)(4)(A)(iv), the Administrator may make
awards for up to 70 percent of the replacement costs
for clean school buses, except that if such a recipient
demonstrates, to the satisfaction of the Administrator,
that its labor standards are equal to or exceed those
of the public school system that would be served by the
clean school buses acquired with an award under this
section, the Administrator may make an award to such
recipient for up to 90 percent of the replacement costs
for clean school buses.
``(E) Requirements.--The Administrator shall
require, as a condition of receiving an award under
this section, that award recipients--
``(i) do not, as a result of receiving the
award--
``(I) lay off, transfer, or demote
any current employee; or
``(II) reduce the salary or
benefits of any current employee or
worsen the conditions of work of any
current employee; and
``(ii) provide current employees with
training to effectively operate, maintain, or
otherwise adapt to new technologies relating to
clean school buses.
``(F) Buy america.--
``(i) In general.--Except as provided in
clause (ii), any clean school bus or electric
vehicle supply equipment purchased using funds
awarded under the this section shall comply
with the requirements described in section
5323(j) of title 49, United States Code.
``(ii) Exceptions.--
``(I) Waiver.--The Administrator
may provide a waiver to the
requirements describe in clause (i) in
the same manner and to the same extent
as the Secretary of Transportation may
provide a waiver under section
5323(j)(2) of title 49, United States
Code.
``(II) Percentage of components and
subcomponents.--The Administrator may
grant a waiver in accordance with
section 5323(j)(2)(C) of title 49,
United States Code, when a grant
recipient procures a clean school bus
or electric vehicle supply equipment
using funds awarded under the program
for which the cost of components and
subcomponents produced in the United
States--
``(aa) for each of fiscal
years 2021 through 2025, is
more than 60 percent of the
cost of all components of the
clean school bus; and
``(bb) for fiscal year 2025
and each fiscal year
thereafter, is more than 70
percent of the cost of all
components of the clean school
bus.
``(7) Deployment and distribution.--The Administrator
shall--
``(A) to the maximum extent practicable, achieve
nationwide deployment of clean school buses through the
program under this section;
``(B) ensure, as practicable, a broad geographic
distribution of awards under paragraph (1) each fiscal
year;
``(C) solicit early applications for large-scale
deployments and, as soon as reasonably practicable,
award grants for at least one such large scale
deployment in a rural location and another in an urban
location, subject to the requirement that each such
award recipient--
``(i) participate in the development of
best practices, lessons learned, and other
information sharing to guide the implementation
of the award program, including relating to
building out associated infrastructure; and
``(ii) cooperate as specified in
subparagraph (D); and
``(D) develop, in cooperation with award
recipients, resources for future award recipients under
this section.
``(8) Scrappage.--
``(A) In general.--The Administrator shall require
the recipient of an award under paragraph (1) to
verify, not later than 1 year after receiving a clean
school bus purchased using the award, that the engine
of the replaced school bus has been scrapped.
``(B) Exception.--Subject to such conditions the
Administrator determines appropriate, giving
consideration to public health and reducing emissions
of pollutants, the Administrator may waive the
requirements of subparagraph (A) for school buses that
meet--
``(i) the emission standards applicable to
a new school bus as of the date of enactment of
the CLEAN Future Act; or
``(ii) subsequent emission standards that
are at least as stringent as the standards
referred to in clause (i).
``(c) Education and Outreach.--
``(1) In general.--Not later than 90 days after the date of
enactment of the CLEAN Future Act, the Administrator shall
develop an education and outreach program to promote and
explain the award program under this section.
``(2) Coordination with stakeholders.--The education and
outreach program under paragraph (1) shall be designed and
conducted in conjunction with interested national school bus
transportation associations, labor unions, electric utilities,
manufacturers of clean school buses, manufacturers of
components of clean school buses, clean transportation
nonprofit organizations, and other stakeholders.
``(3) Components.--The education and outreach program under
paragraph (1) shall--
``(A) inform, encourage, and support potential
award recipients on the process of applying for awards
and fulfilling the requirements of awards;
``(B) describe the available technologies and the
benefits of the technologies;
``(C) explain the benefits of participating in the
award program;
``(D) make available information regarding best
practices, lessons learned, and technical and other
information regarding--
``(i) clean school bus acquisition and
deployment;
``(ii) the build-out of associated
infrastructure and advance planning with the
local electricity supplier;
``(iii) workforce development and training;
and
``(iv) any other information that, in the
judgment of the Administrator, is relevant to
transitioning to and deploying clean school
buses;
``(E) make available the information provided by
the Secretary pursuant to subsection (d);
``(F) in consultation with the Secretary, make
information available about how clean school buses can
be part of building community resilience to the effects
of climate change; and
``(G) include, as appropriate, information from the
annual report required under subsection (g).
``(d) DOE Assistance.--
``(1) Information gathering.--The Secretary shall gather,
and not less than annually share with the Administrator,
information regarding--
``(A) vehicle-to-grid technology, including best
practices and use-case scenarios;
``(B) the use of clean school buses for community
resilience; and
``(C) technical aspects of clean school bus
management and deployment.
``(2) Technical assistance.--The Secretary shall, in
response to a request from the Administrator, or from an
applicant for or recipient of an award under this section,
provide technical assistance in the development of an
application for or the use of award funds.
``(e) Administrative Costs.--The Administrator may use, for the
administrative costs of carrying out this section, not more than two
percent of the amounts made available to carry out this section for any
fiscal year.
``(f) Annual Report.--Not later than January 31 of each year, the
Administrator shall submit to Congress a report that--
``(1) evaluates the implementation of this section;
``(2) describes--
``(A) the total number of applications received for
awards under this section;
``(B) the number of clean school buses requested in
such applications;
``(C) the awards made under this section and the
criteria used to select the award recipients;
``(D) the awards made under this section for
charging and fueling infrastructure;
``(E) ongoing compliance with the commitments made
by manufacturers on the list maintained by the
Administrator under subsection (b)(3);
``(F) the estimated effect of the awards under this
section on emission of air pollutants, including
greenhouse gases; and
``(G) any other information the Administrator
considers appropriate; and
``(3) describes any waiver granted under subsection
(b)(5)(B) during the preceding year.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator to carry out this section, to remain
available until expended, $2,500,000,000 for each of fiscal
years 2022 through 2031.
``(2) Allocation.--Of the amount authorized to be
appropriated for carrying out this section for each fiscal
year, no less than $1,000,000,000 shall be used for awards
under this section to eligible recipients proposing to replace
school buses to serve a community of color, indigenous
community, low-income community, or any community located in an
air quality area designated pursuant to section 107 of the
Clean Air Act (42 U.S.C. 7407) as nonattainment.''.
(b) Technical Amendment To Strike Redundant Authorization.--The
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (commonly referred to as ``SAFETEA-LU'') is amended--
(1) by striking section 6015 (42 U.S.C. 16091a); and
(2) in the table of contents in section 1(b) of such Act,
by striking the item relating to section 6015.
SEC. 424. CLEAN CITIES COALITION PROGRAM.
(a) In General.--The Secretary shall carry out a program to be
known as the Clean Cities Coalition Program.
(b) Program Elements.--In carrying out the program under subsection
(a), the Secretary shall--
(1) establish criteria for designating local and regional
Clean Cities Coalitions;
(2) designate local and regional Clean Cities Coalitions
that the Secretary determines meet the criteria established
under paragraph (1);
(3) make awards to each designated Clean Cities Coalition
for administrative and program expenses of the coalition;
(4) make competitive awards to designated Clean Cities
Coalitions for projects and activities described in subsection
(c);
(5) provide technical assistance and training to designated
Clean Cities Coalitions;
(6) provide opportunities for communication and sharing of
best practices among designated Clean Cities Coalitions; and
(7) maintain, and make available to the public, a
centralized database of information included in the reports
submitted under subsection (d).
(c) Projects and Activities.--Projects and activities eligible for
awards under subsection (b)(4) are projects and activities that reduce
petroleum consumption, improve air quality, promote energy and economic
security, and encourage deployment of a diverse, domestic supply of
alternative fuels in the transportation sector by--
(1) encouraging the purchase and use of alternative fuel
vehicles and alternative fuels, including by fleet managers;
(2) expediting the establishment of local, regional, and
national infrastructure to fuel alternative fuel vehicles;
(3) advancing the use of other petroleum fuel reduction
technologies and strategies;
(4) conducting outreach and education activities to advance
the use of alternative fuels and alternative fuel vehicles;
(5) providing training and technical assistance and tools
to users that adopt petroleum fuel reduction technologies; or
(6) collaborating with and training officials and first
responders with responsibility for permitting and enforcing
fire, building, and other safety codes related to the
deployment and use of alternative fuels or alternative fuel
vehicles.
(d) Annual Report.--Each designated Clean Cities Coalition shall
submit an annual report to the Secretary on the activities and
accomplishments of the coalition.
(e) Definitions.--In this section:
(1) Alternative fuel.--The term ``alternative fuel'' has
the meaning given such term in section 32901 of title 49,
United States Code.
(2) Alternative fuel vehicle.--The term ``alternative fuel
vehicle'' means any vehicle that is capable of operating,
partially or exclusively, on an alternative fuel.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(f) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section--
(A) $50,000,000 for fiscal year 2022;
(B) $60,000,000 for fiscal year 2023;
(C) $75,000,000 for fiscal year 2024;
(D) $90,000,000 for fiscal year 2025; and
(E) $100,000,000 for each of fiscal years 2026
through 2031.
(2) Allocations.--The Secretary shall allocate funds made
available to carry out this section in each fiscal year as
follows:
(A) 30 percent of such funds shall be distributed
as awards under subsection (b)(3).
(B) 50 percent of such funds shall be distributed
as competitive awards under subsection (b)(4).
(C) 20 percent of such funds shall be used to carry
out the duties of the Secretary under this section.
Subtitle D--Zero Emissions Vehicle Infrastructure Buildout
PART 1--ELECTRIC VEHICLE INFRASTRUCTURE
SEC. 431. DEFINITIONS.
In this part:
(1) Electric vehicle supply equipment.--The term ``electric
vehicle supply equipment'' means any conductors, including
ungrounded, grounded, and equipment grounding conductors,
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) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means--
(A) a community located in a ZIP code that includes
a census tract that is identified as--
(i) a low-income community; or
(ii) a community of color;
(B) a community in which climate change, pollution,
or environmental destruction have exacerbated systemic
racial, regional, social, environmental, and economic
injustices by disproportionately affecting indigenous
peoples, communities of color, migrant communities,
deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the
elderly, the unhoused, people with disabilities, or
youth; or
(C) any other community that the Secretary
determines is disproportionately vulnerable to, or
bears a disproportionate burden of, any combination of
economic, social, and environmental stressors.
SEC. 432. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.
(a) Rebate Program.--Not later than January 1, 2022, the Secretary
shall establish a rebate program to provide rebates for covered
expenses associated with publicly accessible electric vehicle supply
equipment (in this section referred to as the ``rebate program'').
(b) Rebate Program Requirements.--
(1) Eligible entities.--A rebate under the rebate program
may be made to an individual, a State, local, Tribal, or
Territorial government, a private entity, a not-for-profit
entity, a nonprofit entity, or a metropolitan planning
organization.
(2) Eligible equipment.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
publish and maintain on the Department of Energy
internet website a list of electric vehicle supply
equipment that is eligible for the rebate program.
(B) Updates.--The Secretary may, by regulation, add
to, or otherwise revise, the list of electric vehicle
supply equipment under subparagraph (A) if the
Secretary determines that such addition or revision
will likely lead to--
(i) greater usage of electric vehicle
supply equipment;
(ii) greater access to electric vehicle
supply equipment by users; or
(iii) an improved experience for users of
electric vehicle supply equipment, including
accessibility in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).
(C) Location requirement.--To be eligible for the
rebate program, the electric vehicle supply equipment
described in subparagraph (A) shall be installed--
(i) in the United States;
(ii) on property--
(I) owned by the eligible entity
under paragraph (1); or
(II) on which the eligible entity
under paragraph (1) has authority to
install electric vehicle supply
equipment; and
(iii) at a location that is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a
minimum of 12 hours per day;
(3) Application.--
(A) In general.--An eligible entity under paragraph
(1) may submit to the Secretary an application for a
rebate under the rebate program. Such application shall
include--
(i) the estimated cost of covered expenses
to be expended on the electric vehicle supply
equipment that is eligible under paragraph (2);
(ii) the estimated installation cost of the
electric vehicle supply equipment that is
eligible under paragraph (2);
(iii) the global positioning system
location, including the integer number of
degrees, minutes, and seconds, where such
electric vehicle supply equipment is to be
installed, and identification of whether such
location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a
minimum of 12 hours per day;
(iv) the technical specifications of such
electric vehicle supply equipment, including
the maximum power voltage and amperage of such
equipment;
(v) an identification of any existing
electric vehicle supply equipment that--
(I) is available to the public for
a minimum of 12 hours per day; and
(II) is not further than 50 miles
from the global positioning system
location identified under clause (iii);
and
(vi) any other information determined by
the Secretary to be necessary for a complete
application.
(B) Review process.--The Secretary shall review an
application for a rebate under the rebate program and
approve an eligible entity under paragraph (1) to
receive such rebate if the application meets the
requirements of the rebate program under this
subsection.
(C) Notification to eligible entity.--Not later
than 1 year after the date on which the eligible entity
under paragraph (1) applies for a rebate under the
rebate program, the Secretary shall notify the eligible
entity whether the eligible entity will be awarded a
rebate under the rebate program following the
submission of additional materials required under
paragraph (5).
(4) Rebate amount.--
(A) In general.--Except as provided in subparagraph
(B), the amount of a rebate made under the rebate
program for each charging unit shall be the lesser of--
(i) 75 percent of the applicable covered
expenses;
(ii) $2,000 for covered expenses associated
with the purchase and installation of non-
networked level 2 charging equipment;
(iii) $4,000 for covered expenses
associated with the purchase and installation
of networked level 2 charging equipment; or
(iv) $100,000 for covered expenses
associated with the purchase and installation
of networked direct current fast charging
equipment.
(B) Rebate amount for replacement equipment.--A
rebate made under the rebate program for replacement of
pre-existing electric vehicle supply equipment at a
single location shall be the lesser of--
(i) 75 percent of the applicable covered
expenses;
(ii) $1,000 for covered expenses associated
with the purchase and installation of non-
networked level 2 charging equipment;
(iii) $2,000 for covered expenses
associated with the purchase and installation
of networked level 2 charging equipment; or
(iv) $25,000 for covered expenses
associated with the purchase and installation
of networked direct current fast charging
equipment.
(5) Disbursement of rebate.--
(A) In general.--The Secretary shall disburse a
rebate under the rebate program to an eligible entity
under paragraph (1), following approval of an
application under paragraph (3), if such entity submits
the materials required under subparagraph (B).
(B) Materials required for disbursement of
rebate.--Not later than one year after the date on
which the eligible entity under paragraph (1) receives
notice under paragraph (3)(C) that the eligible entity
has been approved for a rebate, such eligible entity
shall submit to the Secretary the following--
(i) a record of payment for covered
expenses expended on the installation of the
electric vehicle supply equipment that is
eligible under paragraph (2);
(ii) a record of payment for the electric
vehicle supply equipment that is eligible under
paragraph (2);
(iii) the global positioning system
location of where such electric vehicle supply
equipment was installed and identification of
whether such location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a
minimum of 12 hours per day;
(iv) the technical specifications of the
electric vehicle supply equipment that is
eligible under paragraph (2), including the
maximum power voltage and amperage of such
equipment; and
(v) any other information determined by the
Secretary to be necessary.
(C) Agreement to maintain.--To be eligible for a
rebate under the rebate program, an eligible entity
under paragraph (1) shall enter into an agreement with
the Secretary to maintain the electric vehicle supply
equipment that is eligible under paragraph (2) in a
satisfactory manner for not less than 5 years after the
date on which the eligible entity under paragraph (1)
receives the rebate under the rebate program.
(D) Exception.--The Secretary shall not disburse a
rebate under the rebate program if materials submitted
under subparagraph (B) do not meet the same global
positioning system location and technical
specifications for the electric vehicle supply
equipment that is eligible under paragraph (2) provided
in an application under paragraph (3).
(6) Multi-port chargers.--An eligible entity under
paragraph (1) shall be awarded a rebate under the rebate
program for covered expenses relating to the purchase and
installation of a multi-port charger based on the number of
publicly accessible charging ports, with each subsequent port
after the first port being eligible for 50 percent of the full
rebate amount.
(7) Networked direct current fast charging.--Of amounts
appropriated to carry out the rebate program, not more than 40
percent may be used for rebates of networked direct current
fast charging equipment.
(8) Hydrogen fuel cell refueling infrastructure.--Hydrogen
refueling equipment shall be eligible for a rebate under the
rebate program as though it were networked direct current fast
charging equipment. All requirements related to public
accessibility of installed locations shall apply.
(9) Report.--Not later than 3 years after the first date on
which the Secretary awards a rebate under the rebate program,
the Secretary 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 of the
number of rebates awarded for electric vehicle supply equipment
and hydrogen fuel cell refueling equipment in each of the
location categories described in paragraph (2)(C)(iii).
(c) Definitions.--In this section:
(1) Covered expenses.--The term ``covered expenses'' means
an expense that is associated with the purchase and
installation of electric vehicle supply equipment, including--
(A) the cost of electric vehicle supply equipment;
(B) labor costs associated with the installation of
such electric vehicle supply equipment, only if wages
for such labor are paid at rates not less than those
prevailing on similar labor in the locality of
installation, as determined by the Secretary of Labor
under subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the ``Davis-Bacon
Act'');
(C) material costs associated with the installation
of such electric vehicle supply equipment, including
expenses involving electrical equipment and necessary
upgrades or modifications to the electrical grid and
associated infrastructure required for the installation
of such electric vehicle supply equipment;
(D) permit costs associated with the installation
of such electric vehicle supply equipment; and
(E) the cost of an on-site energy storage system.
(2) Electric vehicle.--The term ``electric vehicle'' means
a vehicle that derives all or part of its power from
electricity.
(3) Multi-port charger.--The term ``multi-port charger''
means electric vehicle supply equipment capable of charging
more than one electric vehicle.
(4) Level 2 charging equipment.--The term ``level 2
charging equipment'' means electric vehicle supply equipment
that provides an alternating current power source at a minimum
of 208 volts.
(5) Networked direct current fast charging equipment.--The
term ``networked direct current fast charging equipment'' means
electric vehicle supply equipment that provides a direct
current power source at a minimum of 50 kilowatts and is
enabled to connect to a network to facilitate data collection
and access.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2022 through 2031.
SEC. 433. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT.
(a) Review.--The Secretary shall review proposed or final model
building codes for--
(1) integrating electric vehicle supply equipment into
residential and commercial buildings that include space for
individual vehicle or fleet vehicle parking; and
(2) integrating onsite renewable power equipment and
electric storage equipment (including electric vehicle
batteries to be used for electric storage) into residential and
commercial buildings.
(b) Technical Assistance.--The Secretary shall provide technical
assistance to 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 to facilitate understanding of the
model code and best practices for adoption by jurisdictions.
SEC. 434. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary, acting through the Assistant Secretary of
the Office of Electricity Delivery and Energy Reliability (including
the Smart Grid Task Force), 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, taking into
consideration range anxiety and the location of charging
infrastructure to ensure an electric vehicle can travel
throughout the United States without losing a charge; and
(3) ensure the development of such network will not
compromise the stability and reliability of the electric grid.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to the Committee on
Energy and Commerce of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate a report
containing the results of the assessment carried out under subsection
(a) and recommendations to overcome any barriers to standards
development or adoption identified by the group convened under such
subsection.
SEC. 435. STATE CONSIDERATION OF ELECTRIC VEHICLE CHARGING.
(a) 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 further amended by adding at the end
the following:
``(22) Electric vehicle charging programs.--
``(A) In general.--Each State shall consider
measures to promote greater electrification of the
transportation sector, including--
``(i) authorizing measures to stimulate
investment in and deployment of electric
vehicle supply equipment and to foster the
market for electric vehicle charging;
``(ii) authorizing each electric utility of
the State to recover from ratepayers any
capital, operating expenditure, or other costs
of the electric utility relating to load
management, programs, or investments associated
with the integration of electric vehicle supply
equipment into the grid; and
``(iii) allowing a person or agency that
owns and operates an electric vehicle charging
facility for the sole purpose of recharging an
electric vehicle battery to be excluded from
regulation as an electric utility pursuant to
section 3(4) when making electricity sales from
the use of the electric vehicle charging
facility, if such sales are the only sales of
electricity made by the person or agency.
``(B) Definition.--For purposes of this paragraph,
the term `electric vehicle supply equipment' means
conductors, including ungrounded, grounded, and
equipment grounding conductors, 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.''.
(b) Obligations To Consider and Determine.--
(1) 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:
``(9)(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 standards
established by paragraph (22) 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 each
standard established by paragraph (22) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by adding at the end the following: ``In the case of
the standard established by paragraph (22) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of that paragraph.''.
(3) 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:
``(i) Prior State Actions.--Subsections (b) and (c) of this section
shall not apply to the standard established by paragraph (22) 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;
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such utility;
or
``(4) the State has taken action to implement incentives or
other steps to strongly encourage the deployment of electric
vehicles.''.
(4) Prior and pending proceedings.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)
is amended is amended by adding at the end the following: ``In
the case of the standard established by paragraph (22) of
section 111(d), the reference contained in this section to the
date of the enactment of this Act shall be deemed to be a
reference to the date of enactment of such paragraph (22).''.
SEC. 436. STATE ENERGY PLANS.
(a) State Energy Conservation Plans.--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 transportation plan developed in
accordance with section 368; and''.
(b) Authorization of Appropriations.--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 are authorized to be appropriated
$100,000,000 for each of fiscal years 2022 through 2031.
``(2) State energy transportation plans.--In addition to
the amounts authorized under paragraph (1), for the purpose of
carrying out section 368, there are authorized to be
appropriated $25,000,000 for each of fiscal years 2022 through
2031.''.
(c) State Energy Transportation Plans.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is further
amended by adding at the end the following:
``SEC. 368. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial assistance
to a State to develop a State energy transportation plan, for inclusion
in a State energy conservation plan under section 362(d), to promote
the electrification of the transportation system, reduced consumption
of fossil fuels, and improved air quality.
``(b) Development.--A State developing a State energy
transportation plan under this section shall carry out this activity
through the State energy office that is responsible for developing the
State energy conservation plan under section 362.
``(c) Contents.--A State developing a State energy transportation
plan under this section shall include in such plan a plan to--
``(1) deploy a network of electric vehicle supply equipment
to ensure access to electricity for electric vehicles,
including commercial vehicles, to an extent that such electric
vehicles can travel throughout the State without running out of
a charge; and
``(2) promote modernization of the electric grid, including
through the use of renewable energy sources to power the
electric grid, to accommodate demand for power to operate
electric vehicle supply equipment and to utilize energy storage
capacity provided by electric vehicles, including commercial
vehicles.
``(d) Coordination.--In developing a State energy transportation
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 (16
U.S.C. 2602));
``(2) electric utilities;
``(3) regional transmission organizations or independent
system operators;
``(4) private entities that provide electric vehicle
charging services;
``(5) State transportation agencies, metropolitan planning
organizations, and local governments;
``(6) electric vehicle manufacturers;
``(7) public and private entities that manage vehicle
fleets; and
``(8) public and private entities that manage ports,
airports, or other transportation hubs.
``(e) 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
transportation plan.
``(f) Electric Vehicle Supply Equipment Defined.--For purposes of
this section, the term `electric vehicle supply equipment' means
conductors, including ungrounded, grounded, and equipment grounding
conductors, 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) Conforming amendment.--The table of sections for part D
of title III of the Energy Policy and Conservation Act is
further amended by adding at the end the following:
``Sec. 368. State energy security plans.''.
SEC. 437. TRANSPORTATION ELECTRIFICATION.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (A), by inserting ``, including
ground support equipment at ports'' before the
semicolon;
(B) in subparagraph (E), by inserting ``and
vehicles'' before the semicolon;
(C) in subparagraph (H), by striking ``and'' at the
end;
(D) in subparagraph (I)--
(i) by striking ``battery chargers,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(J) installation of electric vehicle supply
equipment for recharging plug-in electric drive
vehicles, including such equipment that is accessible
in rural and urban areas and in underserved or
disadvantaged communities and such equipment for
medium- and heavy-duty vehicles, including at depots
and in-route locations;
``(K) multi-use charging hubs used for multiple
forms of transportation;
``(L) medium- and heavy-duty vehicle smart charging
management and refueling;
``(M) battery recycling and secondary use,
including for medium- and heavy-duty vehicles; and
``(N) sharing of best practices, and technical
assistance provided by the Department to public
utilities commissions and utilities, for medium- and
heavy-duty vehicle electrification.'';
(2) in subsection (b)--
(A) in paragraph (3)(A)(ii), by inserting ``,
components for such vehicles, and charging equipment
for such vehicles'' after ``vehicles''; and
(B) in paragraph (6), by striking ``$90,000,000 for
each of fiscal years 2008 through 2012'' and inserting
``$2,000,000,000 for each of fiscal years 2022 through
2031'';
(3) in subsection (c)--
(A) in the header, by striking ``Near-Term'' and
inserting ``Large-Scale''; and
(B) in paragraph (4), by striking ``$95,000,000 for
each of fiscal years 2008 through 2013'' and inserting
``$2,500,000,000 for each of fiscal years 2022 through
2031''; and
(4) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Priority.--In providing grants under subsections (b) and (c),
the Secretary shall give priority consideration to applications that
contain a written assurance that all laborers and mechanics employed by
contractors or subcontractors during construction, alteration, or
repair that is financed, in whole or in part, by a grant provided under
this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as determined by
the Secretary of Labor in accordance with sections 3141 through 3144,
3146, and 3147 of title 40, United States Code (and the Secretary of
Labor shall, with respect to the labor standards described in this
clause, have the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40,
United States Code).''.
SEC. 438. FEDERAL FLEETS.
(a) Minimum Federal Fleet Requirement.--Section 303 of the Energy
Policy Act of 1992 (42 U.S.C. 13212) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) The Secretary, in consultation with the Administrator of
General Services, shall ensure that in acquiring medium- and heavy-duty
vehicles for a Federal fleet, a Federal entity shall acquire zero
emission vehicles to the maximum extent feasible.'';
(2) by striking subsection (b) and inserting the following:
``(b) Percentage Requirements.--
``(1) In general.--
``(A) Light-duty vehicles.--Beginning in fiscal
year 2025, 100 percent of the total number of light-
duty vehicles acquired by a Federal entity for a
Federal fleet shall be alternative fueled vehicles, of
which--
``(i) at least 50 percent shall be zero
emission vehicles or plug-in hybrids in fiscal
years 2025 through 2034;
``(ii) at least 75 percent shall be zero
emission vehicles or plug-in hybrids in fiscal
years 2035 through 2049; and
``(iii) 100 percent shall be zero emission
vehicles in fiscal year 2050 and thereafter.
``(B) Medium- and heavy-duty vehicles.--The
following percentages of the total number of medium-
and heavy-duty vehicles acquired by a Federal entity
for a Federal fleet shall be alternative fueled
vehicles:
``(i) At least 20 percent in fiscal years
2025 through 2029.
``(ii) At least 30 percent in fiscal years
2030 through 2039.
``(iii) At least 40 percent in fiscal years
2040 through 2049.
``(iv) At least 50 percent in fiscal year
2050 and thereafter.
``(2) Exception.--The Secretary, in consultation with the
Administrator of General Services where appropriate, may permit
a Federal entity to acquire for a Federal fleet a smaller
percentage than is required in paragraph (1) for a fiscal year,
so long as the aggregate percentage acquired for each class of
vehicle for all Federal fleets in the fiscal year is at least
equal to the required percentage.
``(3) Definitions.--In this subsection:
``(A) Federal fleet.--The term `Federal fleet'
means a fleet of vehicles that are centrally fueled or
capable of being centrally fueled and are owned,
operated, leased, or otherwise controlled by or
assigned to any Federal executive department, military
department, Government corporation, independent
establishment, or executive agency, the United States
Postal Service, the Congress, the courts of the United
States, or the Executive Office of the President. Such
term does not include--
``(i) motor vehicles held for lease or
rental to the general public;
``(ii) motor vehicles used for motor
vehicle manufacturer product evaluations or
tests;
``(iii) law enforcement vehicles;
``(iv) emergency vehicles; or
``(v) motor vehicles acquired and used for
military purposes that the Secretary of Defense
has certified to the Secretary must be exempt
for national security reasons.
``(B) Fleet.--The term `fleet' means--
``(i) 20 or more light-duty vehicles,
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000; or
``(ii) 10 or more medium- or heavy-duty
vehicles, located at a Federal facility or
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000.''; and
(3) in subsection (f)(2)(B)--
(A) by striking ``, either''; and
(B) in clause (i), by striking ``or'' and inserting
``and''.
(b) Federal Fleet Conservation Requirements.--Section 400FF(a) of
the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended--
(1) in paragraph (1)--
(A) by striking ``18 months after the date of
enactment of this section'' and inserting ``12 months
after the date of enactment of the CLEAN Future Act'';
(B) by striking ``2010'' and inserting ``2022'';
and
(C) by striking ``and increase alternative fuel
consumption'' and inserting ``, increase alternative
fuel consumption, and reduce vehicle greenhouse gas
emissions''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Goals.--The goals of the requirements under paragraph
(1) are that each Federal agency shall--
``(A) reduce fleet-wide per-mile greenhouse gas
emissions from agency fleet vehicles, relative to a
baseline of emissions in 2015, by--
``(i) not less than 30 percent by the end
of fiscal year 2025;
``(ii) not less than 50 percent by the end
of fiscal year 2030; and
``(iii) 100 percent by the end of fiscal
year 2050; and
``(B) increase the annual percentage of alternative
fuel consumption by agency fleet vehicles as a
proportion of total annual fuel consumption by Federal
fleet vehicles, to achieve--
``(i) 25 percent of total annual fuel
consumption that is alternative fuel by the end
of fiscal year 2025;
``(ii) 50 percent of total annual fuel
consumption that is alternative fuel by the end
of fiscal year 2035; and
``(iii) at least 85 percent of total annual
fuel consumption that is alternative fuel by
the end of fiscal year 2050.''.
PART 2--ELECTRIC VEHICLES FOR UNDERSERVED COMMUNITIES
SEC. 440A. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UNDERSERVED AND
DISADVANTAGED COMMUNITIES.
(a) In General.--
(1) Assessment.--The Secretary shall conduct an assessment
of the state of, challenges to, and opportunities for the
deployment of electric vehicle charging infrastructure in
underserved or disadvantaged communities located throughout the
United States.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary 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 on the results of the
assessment conducted under paragraph (1), which shall--
(A) describe the state of deployment of electric
vehicle charging infrastructure in underserved or
disadvantaged communities located in urban, suburban,
and rural areas, including a description of--
(i) the state of deployment of electric
vehicle charging infrastructure that is--
(I) publicly accessible;
(II) installed in or available to
occupants of public and affordable
housing;
(III) installed in or available to
occupants of multi-unit dwellings;
(IV) available to public sector and
commercial fleets; and
(V) installed in or available at
places of work;
(ii) policies, plans, and programs that
cities, States, utilities, and private entities
are using to encourage greater deployment and
usage of electric vehicles and the associated
electric vehicle charging infrastructure,
including programs to encourage deployment of
publicly accessible electric vehicle charging
stations and electric vehicle charging stations
available to residents in publicly owned and
privately owned multi-unit dwellings;
(iii) ownership models for Level 2 charging
stations and DC FAST charging stations located
in residential multi-unit dwellings, commercial
buildings, and publicly accessible areas;
(iv) mechanisms for financing electric
vehicle charging stations; and
(v) rates charged for the use of Level 2
charging stations and DC FAST charging
stations;
(B) identify current barriers to expanding
deployment of electric vehicle charging infrastructure
in underserved or disadvantaged communities in urban,
suburban, and rural areas, including barriers to
expanding deployment of publicly accessible electric
vehicle charging infrastructure;
(C) identify the potential for, and barriers to,
recruiting and entering into contracts with locally
owned small and disadvantaged businesses, including
women and minority-owned businesses, to deploy electric
vehicle charging infrastructure in underserved or
disadvantaged communities in urban, suburban, and rural
areas;
(D) compile and provide an analysis of best
practices and policies used by State and local
governments, nonprofit organizations, and private
entities to increase deployment of electric vehicle
charging infrastructure in underserved or disadvantaged
communities in urban, suburban, and rural areas,
including best practices and policies relating to--
(i) public outreach and engagement;
(ii) increasing deployment of publicly
accessible electric vehicle charging
infrastructure; and
(iii) increasing deployment of electric
vehicle charging infrastructure in publicly
owned and privately owned multi-unit dwellings;
(E) to the extent practicable, enumerate and
identify in urban, suburban, and rural areas within
each State with detail at the level of ZIP Codes and
census tracts--
(i) the number of existing and planned
publicly accessible Level 2 charging stations
and DC FAST charging stations for individually
owned light-duty and medium-duty electric
vehicles;
(ii) the number of existing and planned
Level 2 charging stations and DC FAST charging
stations for public sector and commercial fleet
electric vehicles and medium- and heavy-duty
electric vehicles; and
(iii) the number and type of electric
vehicle charging stations installed in or
available to occupants of public and affordable
housing; and
(F) describe the methodology used to obtain the
information provided in the report.
(b) Five-Year Update Assessment.--Not later than 5 years after the
date of the enactment of this Act, the Secretary shall--
(1) update the assessment conducted under subsection
(a)(1); and
(2) make public and 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, which
shall--
(A) update the information required by subsection
(a)(2); and
(B) include a description of case studies and key
lessons learned after the date on which the report
under subsection (a)(2) was submitted with respect to
expanding the deployment of electric vehicle charging
infrastructure in underserved or disadvantaged
communities in urban, suburban, and rural areas.
SEC. 440B. ELECTRIC VEHICLE CHARGING EQUITY PROGRAM.
(a) Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall establish a program, to be
known as the EV Charging Equity Program, to increase deployment and
accessibility of electric vehicle charging infrastructure in
underserved or disadvantaged communities by--
(1) providing technical assistance to eligible entities
described in subsection (e); and
(2) awarding grants on a competitive basis to eligible
entities described in subsection (e) for projects that increase
such deployment and accessibility of electric vehicle charging
infrastructure, including projects that are--
(A) publicly accessible;
(B) located within or are easily accessible to
residents of--
(i) public or affordable housing;
(ii) multi-unit dwellings; or
(iii) single-family homes; and
(C) located within or easily accessible to places
of work, provided that such electric vehicle charging
infrastructure is accessible no fewer than 5 days per
week.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
amount of a grant awarded under this section for a project
shall not exceed 80 percent of project costs.
(2) Single-family homes.--The amount of a grant awarded
under this section for a project that involves, as a primary
focus, single-family homes shall not exceed 60 percent of
project costs.
(c) Limitation.--Not more than 15 percent of the amount awarded for
grants under this section in a fiscal year shall be awarded for
projects that involve, as a primary focus, single-family homes.
(d) Priority.--In awarding grants and providing technical
assistance under this section, the Secretary shall give priority to
projects that--
(1) provide the greatest benefit to the greatest number of
people within an underserved or disadvantaged community;
(2) incorporate renewable energy resources;
(3) maximize local job creation, particularly among low-
income, women, and minority workers; or
(4) utilize or involve locally owned small and
disadvantaged businesses, including women and minority-owned
businesses.
(e) Eligible Entities.--
(1) In general.--To be eligible for a grant or technical
assistance under the EV Charging Equity Program, an entity
shall be--
(A) an individual or household that is the owner of
where a project will be carried out;
(B) a State, local, Tribal, or Territorial
government, or an agency or department thereof;
(C) an electric utility, including--
(i) a municipally owned electric utility;
(ii) a publicly owned electric utility;
(iii) an investor-owned utility; and
(iv) a rural electric cooperative;
(D) a nonprofit organization or institution;
(E) a public housing authority;
(F) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001));
(G) a local small or disadvantaged business; or
(H) a partnership between any number of eligible
entities described in subparagraphs (A) through (G).
(2) Updates.--The Secretary may add to or otherwise revise
the list of eligible entities under paragraph (1) if the
Secretary determines that such an addition or revision would be
beneficial to increasing deployment and accessibility of
electric vehicle charging infrastructure in underserved or
disadvantaged communities.
(f) Public Notice and Request for Applications.--The Secretary
shall publish in the Federal Register, and such other publications as
the Secretary considers to be appropriate, a notice and request for
applications to carry out projects under the EV Charging Equity
Program.
(g) Education and Outreach.--
(1) In general.--In carrying out the EV Charging Equity
Program, the Secretary shall establish an education and
outreach component of such Program to ensure that information
regarding such Program and the benefits and opportunities for
electric vehicle charging is made available to individuals and
relevant entities that live within or serve underserved or
disadvantaged communities.
(2) Requirements.--At a minimum, the education and outreach
component of the EV Charging Equity Program established under
this subsection shall include--
(A) the development and dissemination of an
electric vehicle charging resource guide that is--
(i) maintained electronically on a website;
(ii) available to the public, free of
charge; and
(iii) directed specifically towards
individuals and relevant entities that live
within or serve underserved or disadvantaged
communities;
(B) targeted outreach towards, and coordinated
public outreach with, relevant local, State, and Tribal
entities, nonprofit organizations, and institutions of
higher education, that are located within or serve
underserved or disadvantaged communities; and
(C) any other such forms of education or outreach
as the Secretary determines appropriate to increase
awareness of and access to the EV Charging Equity
Program.
(h) Reports to Congress.--Not later than 1 year after the EV
Charging Equity Program is established under this section, and not less
frequently than once every 2 years after that, the Secretary 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, and make publicly available, a report on the status of the
EV Charging Equity Program, including a list and description of
projects that have received grant awards or technical assistance, and
of the funding or assistance provided to such projects.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $96,000,000 for each of fiscal
years 2022 through 2031.
SEC. 440C. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND DISADVANTAGED
COMMUNITIES.
In administering a relevant program, the Secretary shall, to the
extent practicable, invest or direct available and relevant
programmatic resources so that such program--
(1) promotes electric vehicle charging infrastructure;
(2) supports clean and multi-modal transportation;
(3) provides improved air quality and emissions reductions;
and
(4) prioritizes the needs of underserved or disadvantaged
communities.
SEC. 440D. DEFINITIONS.
In this part:
(1) Electric vehicle charging infrastructure.--The term
``electric vehicle charging infrastructure'' means electric
vehicle supply equipment, including any conductors, electric
vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed specifically
for the purposes of delivering energy to an electric vehicle.
(2) Publicly accessible.--The term ``publicly accessible''
means, with respect to electric vehicle charging
infrastructure, electric vehicle charging infrastructure that
is available, at zero or reasonable cost, to members of the
public for the purpose of charging a privately owned or leased
electric vehicle, or electric vehicle that is available for use
by members of the general public as part of a ride service or
vehicle sharing service or program, including within or
around--
(A) public sidewalks and streets;
(B) public parks;
(C) public buildings, including--
(i) libraries;
(ii) schools; and
(iii) government offices;
(D) public parking;
(E) shopping centers; and
(F) commuter transit hubs.
(3) Relevant program.--The term ``relevant program'' means
a program of the Department of Energy, including--
(A) the State energy program under part D of title
III the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.);
(B) the Clean Cities program;
(C) the Energy Efficiency and Conservation Block
Grant Program established under section 542 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17152);
(D) loan guarantees made pursuant to title XVII of
the Energy Policy Act of 2005 (42 U.S.C. 16511 et
seq.); and
(E) such other programs as the Secretary determines
appropriate.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means a community
located within a ZIP Code or census tract that is identified
as--
(A) a low-income community;
(B) a community of color;
(C) a Tribal community;
(D) having a disproportionately low number of
electric vehicle charging stations per capita, compared
to similar areas; or
(E) any other community that the Secretary
determines is disproportionately vulnerable to, or
bears a disproportionate burden of, any combination of
economic, social, environmental, and climate stressors.
PART 3--ELECTRIC VEHICLE MAPPING
SEC. 440E. DEFINITIONS.
In this part:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Direct current fast charging equipment.--The term
``direct current fast charging equipment'' means electric
vehicle supply equipment that provides a direct current power
source at a minimum of 50 kilowatts.
(3) Electric vehicle.--The term ``electric vehicle'' means
a light, medium, or heavy-duty vehicle that is powered
primarily by an electric motor drawing current from
rechargeable batteries, including battery electric vehicles and
plug-in hybrid vehicles.
(4) Electric vehicle charging station.--The term ``electric
vehicle charging station'' means electric vehicle supply
equipment that provides electric current to recharge electric
vehicles, including AC or DC charging capabilities, at a
location that is--
(A) a multiunit housing structure;
(B) a workplace;
(C) a commercial location; or
(D) open to the public for a minimum of 12 hours
per day.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a college or university;
(B) a nonprofit entity;
(C) an electric cooperative;
(D) a political subdivision of a State, including a
municipally owned electric utility and an agency,
authority, corporation, or instrumentality of a State;
(E) a tribally owned electric utility, an agency,
authority, corporation, or instrumentality of an Indian
Tribe;
(F) an investor-owned electric utility; or
(G) a private entity.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(7) Level 2 charging equipment.--The term ``Level 2
charging equipment'' means electric vehicle supply equipment
that provides an alternating current power source at a minimum
of 240 volts.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 440F. ELECTRIC VEHICLE CHARGING STATION MAPPING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to
provide grants to, or enter into cooperative agreements with, eligible
entities to carry out activities described in subsection (c) in order
to determine where electric vehicle charging stations will be needed to
meet the current and future needs of electric vehicle drivers in the 5-
year period following receipt of the grant, and to help guide future
investments for electric vehicle charging stations.
(b) Application.--To be eligible to receive a grant under the
program established under subsection (a), an eligible entity, or
partnership of eligible entities, shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(c) Use of Grant.--An eligible entity, or partnership of eligible
entities, may use a grant received under subsection (a), with respect
to an area in the United States specified by the eligible entity or
partnership of eligible entities, to--
(1) evaluate locations of current electric vehicle owners,
and potential locations of electric vehicles owners during the
5-year period following receipt of the grant, in the specified
area, based on data such as commute and travel patterns;
(2) evaluate estimated current commute and travel patterns,
and commute and travel patterns during the 5-year period
following receipt of the grant, of electric vehicles in the
specified area;
(3) estimate the current electricity usage, and the
electricity usage during the 5-year period following receipt of
the grant, required to serve electric vehicle charging stations
in the specified area;
(4) develop a map identifying concentrations of electric
vehicle charging stations to meet the needs of current and
future of electric vehicle drivers in the specified area, based
on data such as commute and travel patterns;
(5) estimate the future need for electric vehicle charging
stations in the specified area to support the adoption and use
of electric vehicles in shared mobility solutions, such as
microtransit and transportation network companies; or
(6) develop an analytical model to allow a city, county, or
other local agency to compare and evaluate different adoption
and use scenarios for electric vehicles and electric vehicle
charging stations, with the ability to adjust factors to
account for locally and regionally specific characteristics.
(d) Electric Vehicle Charging Station Database.--Not later than 1
year after the date of enactment of this Act, the Secretary of Energy
shall create and maintain a fully searchable database, which shall be
accessible on the website of the Department, that contains, at a
minimum--
(1) information maintained by the Office of Energy
Efficiency & Renewable Energy of the Department of electric
vehicle charging station locations;
(2) potential electric vehicle charging station locations
identified by eligible entities, or partnerships of eligible
entities, from the program established under subsection (c);
and
(3) the ability for a user of the database established
under this subsection to sort generated electric vehicle
charging station results by various characteristics with
respect to such electric vehicle charging stations, including--
(A) location, in terms of the State, city, or other
specified area by the user;
(B) accessibility, in terms whether such station is
public or private;
(C) status, in terms of whether such station is
available, planned, or a potential location identified
by the program established under subsection (c); and
(D) charging type, in terms of--
(i) Level 2 charging equipment; and
(ii) direct current fast charging
equipment.
(e) Report.--
(1) An eligible entity receiving funds under subsection (c)
of this Act shall provide preliminary or complete findings,
data, or results of activity carried about by the eligible
entity under such subsection to the Secretary at the earliest
date practicable, except that such preliminary or complete
findings, data, or results of such activity shall be provided
to the Secretary from an eligible entity no later than 12
months after the date of receipt of such grant.
(2) Not later than 18 months after the date of enactment of
this Act, and annually thereafter during the duration of such
program, the Secretary shall submit to the appropriate
committees of Congress a report on the outcomes of the program
established under this section, including--
(A) the number of identified concentrations, and to
the extent practicable, locations, by eligible entities
for electric vehicle charging stations in rural, urban,
or specified areas with a combination thereof;
(B) an analysis, based on the number of identified
concentrations or locations by eligible entities for
electric vehicle charging stations in paragraph (1)--
(i) for the potential of such electric
vehicle charging stations to reasonably support
travel patterns of various distances for
operators of electric vehicles; and
(ii) in terms of the requisite electricity
usage that could be derived from identified
locations of electric vehicle charging
stations, any relevant variables that may
impact the efficacy of electric vehicle
charging stations in rural, urban, or specified
areas with a combination thereof;
(C) a summary of characteristics, trends, or
lessons learned by eligible entities in identifying
concentrations or locations for electric vehicle
charging stations in rural, urban, or specified areas
with a combination thereof using the grant under
subsection (c); and
(D) such other information as the Secretary
determines appropriate.
SEC. 440G. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $2,000,000 for each of fiscal years 2022 through 2027.
(b) Administrative Costs.--Not more than 5 percent of the amount
appropriated under subsection (a) for each fiscal year shall be used
for administrative expenses for the Secretary to carry out this part.
Subtitle E--Promoting Domestic Advanced Vehicle Manufacturing
SEC. 441. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
(a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses.--
Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C.
16061 et seq.) is amended--
(1) in the subtitle header, by inserting ``Plug-In Electric
Vehicles,'' before ``Hybrid Vehicles''; and
(2) in part 1, in the part header, by striking ``hybrid''
and inserting ``plug-in electric''.
(b) Plug-In Electric Vehicles.--Section 711 of the Energy Policy
Act of 2005 (42 U.S.C. 16061) is amended to read as follows:
``SEC. 711. PLUG-IN ELECTRIC VEHICLES.
``The Secretary shall accelerate efforts, related to domestic
manufacturing, that are directed toward the improvement of batteries,
power electronics, and other technologies for use in plug-in electric
vehicles.''.
(c) Efficient Hybrid and Advanced Diesel Vehicles.--Section 712 of
the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, plug-in
electric,'' after ``efficient hybrid''; and
(B) by amending paragraph (3) to read as follows:
``(3) Priority.--Priority shall be given to--
``(A) the refurbishment or retooling of
manufacturing facilities that have recently ceased
operation or would otherwise cease operation in the
near future; and
``(B) applications containing--
``(i) a written assurance that--
``(I) all laborers and mechanics
employed by contractors or
subcontractors during construction,
alteration, or repair, or at any
manufacturing operation, that is
financed, in whole or in part, by a
loan under this section shall be paid
wages at rates not less than those
prevailing in a similar firm or on
similar construction in the locality,
as determined by the Secretary of Labor
in accordance with subchapter IV of
chapter 31 of title 40, United States
Code; and
``(II) the Secretary of Labor
shall, with respect to the labor
standards described in this paragraph,
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;
``(ii) a disclosure of whether there has
been any administrative merits determination,
arbitral award or decision, or civil judgment,
as defined in guidance issued by the Secretary
of Labor, rendered against the applicant in the
preceding 3 years for violations of applicable
labor, employment, civil rights, or health and
safety laws;
``(iii) specific information regarding the
actions the applicant will take to demonstrate
compliance with, and where possible exceedance
of, requirements under applicable labor,
employment, civil rights, and health and safety
laws, and actions the applicant will take to
ensure that its direct suppliers demonstrate
compliance with applicable labor, employment,
civil rights, and health and safety laws; and
``(iv) an estimate and description of the
jobs and types of jobs to be retained or
created by the project and the specific actions
the applicant will take to increase employment
and retention of dislocated workers, veterans,
individuals from low-income communities, women,
minorities, and other groups underrepresented
in manufacturing, and individuals with a
barrier to employment.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Cost Share and Guarantee of Operation.--
``(1) Condition.--A recipient of a grant under this section
shall pay the Secretary the full amount of the grant if the
facility financed in whole or in part under this subsection
fails to manufacture goods for a period of at least 10 years
after the completion of construction.
``(2) Cost share.--Section 988(c) shall apply to a grant
made under this subsection.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,500,000,000
for each of fiscal years 2022 through 2031.
``(e) Period of Availability.--An award made under this section
after the date of enactment of this subsection shall only be available
with respect to facilities and equipment placed in service before
December 30, 2035.''.
(d) Conforming Amendment.--The table of contents of the Energy
Policy Act of 2005 is amended--
(1) in the item relating to subtitle B of title VII, by
inserting ``Plug-In Electric Vehicles,'' before ``Hybrid
Vehicles'';
(2) in the item relating to part 1 of such subtitle, by
striking ``Hybrid'' and inserting ``Plug-In Electric''; and
(3) in the item relating to section 711, by striking
``Hybrid'' and inserting ``Plug-in electric''.
SEC. 442. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
Section 136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013) is amended--
(1) in subsection (a)--
(A) by amending paragraph to read as follows:
``(1) Advanced technology vehicle.--The term `advanced
technology vehicle' means--
``(A) an ultra efficient vehicle;
``(B) a light-duty vehicle or medium-duty passenger
vehicle that--
``(i) meets the Bin 160 Tier III emission
standard established in regulations issued by
the Administrator of the Environmental
Protection Agency under section 202(i) of the
Clean Air Act (42 U.S.C. 7521(i)), or a lower-
numbered Bin emission standard;
``(ii) meets any new emission standard in
effect for fine particulate matter prescribed
by the Administrator under that Act (42 U.S.C.
7401 et seq.); and
``(iii) either--
``(I) complies with the applicable
regulatory standard for emissions of
greenhouse gases for model year 2027 or
later; or
``(II) emits zero emissions of
greenhouse gases; or
``(C) a heavy-duty vehicle (excluding a medium-duty
passenger vehicle) that--
``(i) demonstrates achievement below the
applicable regulatory standards for emissions
of greenhouse gases for model year 2027
vehicles promulgated by the Administrator on
October 25, 2016 (81 Fed. Reg. 73478);
``(ii) complies with the applicable
regulatory standard for emissions of greenhouse
gases for model year 2030 or later; or
``(iii) emits zero emissions of greenhouse
gases.'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(C) by striking paragraph (4) and inserting the
following:
``(3) Qualifying component.--The term `qualifying
component' means a material, technology, component, system, or
subsystem in an advanced technology vehicle, including an
ultra-efficient component.
``(4) Ultra-efficient component.--The term `ultra-efficient
component' means--
``(A) a component of an ultra efficient vehicle;
``(B) fuel cell technology;
``(C) battery technology, including a battery cell,
battery, battery management system, or thermal control
system;
``(D) an automotive semiconductor or computer;
``(E) an electric motor, axle, or component; and
``(F) an advanced lightweight, high-strength, or
high-performance material.''; and
(D) in paragraph (5)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(D) at least 75 miles per gallon equivalent while
operating as a hydrogen fuel cell electric vehicle.'';
(2) by amending subsection (b) to read as follows:
``(b) Advanced Vehicles Manufacturing Facility.--
``(1) In general.--The Secretary shall provide facility
funding awards under this section to advanced technology
vehicle manufacturers and component suppliers to pay not more
than 50 percent of the cost of--
``(A) reequipping, expanding, or establishing a
manufacturing facility in the United States to
produce--
``(i) advanced technology vehicles; or
``(ii) qualifying components; and
``(B) engineering integration performed in the
United States of advanced technology vehicles and
qualifying components.
``(2) Ultra-efficient components cost share.--
Notwithstanding paragraph (1), a facility funding award under
such paragraph may pay not more than 80 percent of the cost of
a project to reequip, expand, or establish a manufacturing
facility in the United States to produce ultra-efficient
components.'';
(3) in subsection (c), by striking ``2020'' and inserting
``2031'' each place it appears;
(4) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) Application.--An applicant for a loan under this
subsection shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including--
``(A) a written assurance that--
``(i) all laborers and mechanics employed
by contractors or subcontractors during
construction, alteration, or repair, or at any
manufacturing operation, that is financed, in
whole or in part, by a loan under this section
shall be paid wages at rates not less than
those prevailing in a similar firm or on
similar construction in the locality, as
determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of
title 40, United States Code; and
``(ii) the Secretary of Labor shall, with
respect to the labor standards described in
this paragraph, 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) a disclosure of whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
applicant in the preceding 3 years for violations of
applicable labor, employment, civil rights, or health
and safety laws;
``(C) specific information regarding the actions
the applicant will take to demonstrate compliance with,
and where possible exceedance of, requirements under
applicable labor, employment, civil rights, and health
and safety laws, and actions the applicant will take to
ensure that its direct suppliers demonstrate compliance
with applicable labor, employment, civil rights, and
health and safety laws; and
``(D) an estimate and description of the jobs and
types of jobs to be retained or created by the project
and the specific actions the applicant will take to
increase employment and retention of dislocated
workers, veterans, individuals from low-income
communities, women, minorities, and other groups
underrepresented in manufacturing, and individuals with
a barrier to employment.'';
(B) by amending paragraph (3) to read as follows:
``(3) Selection of eligible projects.--
``(A) In general.--The Secretary shall select
eligible projects to receive loans under this
subsection in cases in which the Secretary determines--
``(i) the loan recipient--
``(I) has a reasonable prospect of
repaying the principal and interest on
the loan;
``(II) will provide sufficient
information to the Secretary for the
Secretary to ensure that the qualified
investment is expended efficiently and
effectively; and
``(III) has met such other criteria
as may be established and published by
the Secretary; and
``(ii) the amount of the loan (when
combined with amounts available to the loan
recipient from other sources) will be
sufficient to carry out the project.
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there
is a reasonable prospect of repayment of the principal
and interest on a loan under subparagraph (A) on a
comprehensive evaluation of whether the loan recipient
has a reasonable prospect of repaying the principal and
interest, including evaluation of--
``(i) the strength of an eligible project's
contractual terms (if commercially reasonably
available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the
Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of
the loan recipient at the time of loan close
and projected throughout the loan term after
the project is completed;
``(v) the financial strength of the loan
recipient's investors and strategic partners,
if applicable; and
``(vi) other financial metrics and analyses
that are relied upon by the private lending
community and nationally recognized credit
rating agencies, as determined appropriate by
the Secretary.''; and
(C) in paragraph (4)--
(i) in subparagraph (B)(i), by striking ``;
and'' and inserting ``; or'';
(ii) in subparagraph (C), by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(E) shall be subject to the condition that the
loan is not subordinate to other financing.'';
(5) by amending subsection (e) to read as follows:
``(e) Regulations.--Not later than 6 months after the date of
enactment of the CLEAN Future Act, the Secretary shall issue a final
rule establishing regulations to carry out this section.'';
(6) by amending subsection (f) to read as follows:
``(f) Fees.--The Secretary shall charge and collect fees for loans
under this section in amounts the Secretary determines are sufficient
to cover applicable administrative expenses (including any costs
associated with third-party consultants engaged by the Secretary),
which may not exceed $100,000 or 10 basis points of the loan and may
not be collected prior to financial closing.'';
(7) by amending subsection (g) to read as follows:
``(g) Priority.--The Secretary shall, in making awards or loans to
those manufacturers that have existing facilities (which may be idle),
give priority to those facilities that are or would be--
``(1) oldest or in existence for at least 20 years;
``(2) recently closed, or at risk of closure;
``(3) utilized primarily for the manufacture of medium-duty
passenger vehicles or other heavy-duty vehicles that emit zero
greenhouse gas emissions; or
``(4) utilized primarily for the manufacture of ultra-
efficient components.'';
(8) in subsection (h)--
(A) in the header, by striking ``Automobile'' and
inserting ``Advanced Technology Vehicle''; and
(B) in paragraph (1)(B), by striking ``automobiles,
or components of automobiles'' and inserting ``advanced
technology vehicles, or components of advanced
technology vehicles'';
(9) by striking subsection (i) and redesignating subsection
(j) as subsection (i); and
(10) by adding at the end the following:
``(j) Coordination.--In carrying out this section, the Secretary
shall coordinate with relevant vehicle, bioenergy, and hydrogen and
fuel cell demonstration project activities supported by the Department.
``(k) Outreach.--In carrying out this section, the Secretary
shall--
``(1) provide assistance with the completion of
applications for awards or loans under this section; and
``(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and loans
under this section to potential applicants.
``(l) Report.--Not later than 2 years after the date of the
enactment of this subsection, and every 3 years thereafter, the
Secretary shall submit to Congress a report on the status of projects
supported by a loan under this section, including--
``(1) a list of projects receiving a loan under this
section, including the loan amount and construction status of
each such project;
``(2) the status of each project's loan repayment,
including future repayment projections;
``(3) data regarding the number of direct and indirect jobs
retained, restored, or created by financed projects;
``(4) the number of new projects projected to receive a
loan under this section in the next 2 years and the aggregate
loan amount;
``(5) evaluation of ongoing compliance with the assurances
and commitments and of the predictions made by applicants
pursuant to subsection (d)(2); and
``(6) any other metrics the Secretary finds appropriate.
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2031.''.
Subtitle F--Port Electrification and Decarbonization
SEC. 451. DEFINITIONS.
For purposes of this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Alternative emissions control technology.--The term
``alternative emissions control technology'' means any
technology, technique, or measure that--
(A) captures the emissions of nitrogen oxide,
particulate matter, reactive organic compounds, and
greenhouse gases from the auxiliary engine and
auxiliary boiler of an ocean-going vessel at berth;
(B) is verified or approved by a State or Federal
air quality regulatory agency; and
(C) the use of which achieves at least the
equivalent reduction of such emissions as the use of
shore power for an ocean-going vessel at berth.
(3) Cargo-handling equipment.--The term ``cargo-handling
equipment'' includes--
(A) ship-to-shore container cranes and other
cranes;
(B) container-handling equipment; and
(C) equipment for moving or handling cargo,
including trucks, reachstackers, toploaders, and
forklifts.
(4) Criteria pollutant.--The term ``criteria pollutant''
means any air pollutant for which a national ambient air
quality standard is in effect under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(5) Distributed energy system.--
(A) In general.--The term ``distributed energy
system'' means any energy system that--
(i) is located on or near a customer site;
(ii) is operated on the customer side of
the electric meter; and
(iii) is interconnected with the electric
grid.
(B) Inclusions.--The term ``distributed energy
system'' includes--
(i) clean electricity generation;
(ii) energy efficiency;
(iii) energy demand management;
(iv) an energy storage system; and
(v) a microgrid.
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a port authority;
(B) a State, regional, local, or Tribal agency that
has jurisdiction over a port authority or a port;
(C) an air pollution control district or air
quality management district; or
(D) a private entity (including any nonprofit
organization) that--
(i) applies for a grant under this section
in partnership with an entity described in
subparagraph (A), (B), or (C); and
(ii) owns, operates, or uses the
facilities, cargo-handling equipment,
transportation equipment, or related technology
of a port.
(7) Energy storage system.--The term ``energy storage
system'' means any system, equipment, facility, or technology
that--
(A) is capable of storing energy for a period of
time and dispatching the stored energy; and
(B) uses a mechanical, electrical, chemical,
electrochemical, or thermal process to store energy
that--
(i) was generated at an earlier time for
use at a later time; or
(ii) was generated from a mechanical
process, and would otherwise be wasted, for use
at a later time.
(8) Environmental justice community.--The term
``environmental justice community'' has the meaning given that
term in section 601.
(9) Fully automated cargo-handling equipment.--The term
``fully automated cargo-handling equipment'' means cargo-
handling equipment that does not require the exercise of human
intervention or control to operate or monitor, through either
direct or remote means.
(10) Harbor vessel.--The term ``harbor vessel'' means a
ship, boat, lighter, or maritime vessel designed for service at
and around a harbor or port.
(11) Nonattainment area.--The term ``nonattainment area''
has the meaning given such term in section 171 of the Clean Air
Act (42 U.S.C. 7501).
(12) Port.--The term ``port'' means any maritime port or
inland port.
(13) Port authority.--The term ``port authority'' means a
governmental or quasigovernmental authority formed by a
legislative body to operate a port.
(14) Qualified climate action plan.--The term ``qualified
climate action plan'' means a detailed and strategic plan
that--
(A) establishes goals for an eligible entity to
reduce emissions at one or more ports of--
(i) greenhouse gases;
(ii) criteria pollutants, and precursors
thereof; and
(iii) hazardous air pollutants;
(B) describes how an eligible entity will implement
measures at one or more ports to meet the goals
established in subparagraph (A);
(C) describes how an eligible entity has
implemented or will implement measures to increase the
resilience of the port or ports involved, including
measures related to withstanding and recovering from
extreme weather events;
(D) describes how an eligible entity will implement
emissions accounting and inventory practices to--
(i) determine baseline greenhouse gas
emissions at a port; and
(ii) measure the progress of the eligible
entity in reducing such emissions;
(E) demonstrates how implementation of the proposed
measures will not result in a net loss of jobs at the
port or ports involved; and
(F) includes a strategy to--
(i) collaborate with stakeholders that may
be affected by implementation of the plan,
including local environmental justice
communities and other near-port communities;
(ii) address the potential, cumulative,
community-level effects on stakeholders of
implementing the plan; and
(iii) provide effective, advance
communication to stakeholders to avoid and
minimize conflicts.
(15) Shore power.--The term ``shore power'' means the
provision of shoreside electrical power to a ship at berth that
has shut down main and auxiliary engines.
(16) Zero-emissions port equipment and technology.--The
term ``zero-emissions port equipment and technology''--
(A) means any equipment, technology, or measure
that--
(i) is used at a port; and
(ii)(I) produces zero exhaust emissions
of--
(aa) any criteria pollutant and
precursor thereof; and
(bb) any greenhouse gas, other than
water vapor; or
(II) captures 100 percent of the exhaust
emissions produced by an ocean-going vessel at
berth; and
(B) includes any equipment, technology, or measure
described in subparagraph (A) that is--
(i) cargo-handling equipment;
(ii) a harbor vessel;
(iii) shore power;
(iv) electrical charging infrastructure;
(v) a distributed energy system;
(vi) a vehicle, including an electric
transport refrigeration unit;
(vii) any technology or measure that
reduces vehicle idling;
(viii) any alternative emissions control
technology;
(ix) any equipment, technology, or measure
related to grid modernization; or
(x) any other technology, equipment, or
measure that the Administrator determines to be
appropriate.
SEC. 452. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall establish a program to
award grants to eligible entities to develop and implement a qualified
climate action plan at one or more ports.
(b) Grants.--In carrying out the program established under
subsection (a), the Administrator shall award the following types of
grants:
(1) Qualified climate action plan development.--The
Administrator may award grants to eligible entities for
development of a qualified climate action plan.
(2) Zero-emissions port equipment and technology.--
(A) In general.--The Administrator may award grants
to eligible entities to purchase, install, or utilize
zero-emissions port equipment and technology at one or
more ports.
(B) Relation to qualified climate action plan.--The
use of equipment and technology pursuant to a grant
under this subsection shall be consistent with the
qualified climate action plan of the eligible entity.
(c) Application.--
(1) In general.--To seek a grant that is awarded under
subsection (b), an eligible entity shall submit an application
to the Administrator at such time, in such manner, and
containing such information and assurances as the Administrator
may require.
(2) Concurrent applications.--An eligible entity may submit
concurrent applications for both types of grants described in
subsection (b), provided that the eligible entity demonstrates
how use of a grant awarded under subsection (b)(2) will be
consistent with the qualified climate action plan to be
developed using a grant awarded under subsection (b)(1).
(d) Prohibited Use.--An eligible entity may not use a grant awarded
under subsection (b)(2) to purchase fully automated cargo-handling
equipment or terminal infrastructure that is designed for fully
automated cargo-handling equipment.
(e) Cost Share.--An eligible entity may not use a grant awarded
under subsection (b)(2) to cover more than 80 percent of the cost of
purchasing, installing, or utilizing zero-emissions port equipment and
technology.
(f) Labor.--
(1) Wages.--All laborers and mechanics employed by a
subgrantee of an eligible entity, and any subgrantee thereof at
any tier, to perform construction, alteration, installation, or
repair work that is assisted, in whole or in part, by a grant
awarded under this section shall be paid wages at rates not
less than those prevailing on similar construction, alteration,
installation, or repair 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.
(2) Labor standards.--With respect to the labor standards
in paragraph (1), 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.
(3) Project labor agreement.--Any projects initiated using
a grant under subsection (b)(2) with total capital costs of
$1,000,000 or greater shall utilize a project labor agreement,
as described in section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)).
(4) Protections.--An eligible entity may not extend use of
a grant provided under this subtitle to a subgrantee of the
eligible entity, and any subgrantee thereof at any tier, to
perform construction, alteration, installation, or repair work
at any location other than the port or ports involved.
(g) Priority.--The Administrator shall prioritize awarding grants
under subsection (b)(2) to eligible entities based on the following:
(1) The degree to which the eligible entity proposes to
reduce--
(A) the amount of greenhouse gases emitted at a
port;
(B) the amount of criteria pollutants, including
any precursor thereof, emitted at a port;
(C) the amount of hazardous air pollutants emitted
at a port; and
(D) health disparities in environmental justice
communities near a port.
(2) The degree to which the eligible entity--
(A) takes a regional approach, as applicable, to
reducing greenhouse gas emissions by collaborating
efforts with other ports and local electric utility
owners and operators;
(B) with respect to use of the grant, proposes to
enable increased electrification of infrastructure or
operations at the port or ports involved; and
(C) proposes to use equipment and technology that
is produced in the United States.
(3) The degree to which the eligible entity, any subgrantee
of such eligible entity, and any subgrantee thereof proposes to
hire individuals to carry out the installation of zero-
emissions port equipment and technology who--
(A) are domiciled--
(i) if the applicable installation area is
a major urban area, not further than 15 miles
from such installation area; and
(ii) if the applicable installation area is
not a major urban area, not further than 50
miles from such installation area;
(B) are displaced and unemployed energy workers;
(C) are members of the Armed Forces serving on
active duty, separated from active duty, or retired
from active duty;
(D) have been incarcerated or served time in a
juvenile or adult detention or correctional facility,
or been placed on probation, community supervision, or
in a diversion scheme;
(E) have a disability;
(F) are homeless;
(G) are receiving public assistance;
(H) lack a general education diploma or high school
diploma;
(I) are emancipated from the foster care system; or
(J) are registered apprentices with fewer than 15
percent of the required graduating apprentice hours in
a program.
(h) Outreach.--Not later than 90 days after the date on which funds
are made available to carry out this section, the Administrator shall
develop and carry out an educational outreach program to promote and
explain the program established under this subtitle.
(i) Reports.--
(1) Report to administrator.--Not later than 90 days after
receipt of a grant awarded under subsection (b), and thereafter
on a periodic basis to be determined by the Administrator, the
grantee shall submit to the Administrator a report on the
progress of the grantee in carrying out measures funded through
the grant.
(2) Annual report to congress.--Not later than 1 year after
the establishment of the program in subsection (a), and
annually thereafter, the Administrator shall submit to Congress
and make available on the public website of the Environmental
Protection Agency a report that includes, with respect to each
grant awarded under this section during the preceding calendar
year--
(A) the name and location of the eligible entity
that was awarded such grant;
(B) the amount of such grant that the eligible
entity was awarded;
(C) the name and location of each port where
measures are carried out;
(D) an estimate of the impact of measures on
reducing--
(i) the amount of greenhouse gases emitted
at each port;
(ii) the amount of criteria pollutants,
including any precursors thereof, emitted at
each port;
(iii) the amount of hazardous air
pollutants emitted at each port; and
(iv) health disparities in near-port
communities; and
(E) any other information the Administrator
determines necessary to understand the impact of grants
awarded under this subsection.
SEC. 453. MODEL METHODOLOGIES.
The Administrator shall--
(1) develop model methodologies that may be used by an
eligible entity in developing emissions accounting and
inventory practices for a qualified climate action plan; and
(2) ensure that such methodologies are designed to measure
progress in reducing air pollution in near-port communities.
SEC. 454. PORT ELECTRIFICATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator, in consultation with the Secretary of
Energy, shall initiate a study to evaluate--
(1) how ports, intermodal port transfer facilities, and
surrounding communities may benefit from increased
electrification of port infrastructure or operations;
(2) the effects of increased electrification of port
infrastructure and operations on air quality and energy demand;
(3) the scale of investment needed to increase and maintain
electrification of port infrastructure and operations,
including an assessment of ports where zero-emissions port
equipment and technology have already been installed or
utilized;
(4) how emerging technologies and strategies may be used to
increase port electrification; and
(5) how ports and intermodal port transfer facilities can
partner with electric utility owners and operators and
electrical equipment providers to strengthen the reliability
and resiliency of the electric transmission and distribution
system, in order to enable greater deployment of zero-emissions
port equipment and technology.
(b) Report.--Not later than 1 year after initiating the study under
subsection (a), the Administrator shall submit to Congress and make
available on the public website of the Environmental Protection Agency
a report that describes the results of the study.
SEC. 455. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $2,000,000,000 for each of fiscal years 2022 through
2031, to remain available until expended.
(b) Development of Qualified Climate Action Plans.--In addition to
the authorization of appropriations in subsection (a), there is
authorized to be appropriated to carry out section 452(b)(1)
$50,000,000 for fiscal year 2022, to remain available until expended.
(c) Nonattainment Areas.--To the extent practicable, at least 25
percent of amounts made available to carry out this subtitle in each
fiscal year shall be used to award grants under section 452(b)(2) to
eligible entities to carry out measures at ports that are in a
nonattainment area.
TITLE V--INDUSTRY
Subtitle A--Industrial Technology Development, Demonstration, and
Deployment
SEC. 501. DOE ASSISTANT SECRETARY FOR MANUFACTURING AND INDUSTRY.
Section 203(a) of the Department of Energy Organization Act (42
U.S.C. 7133(a)) is amended--
(1) by striking ``8 Assistant Secretaries'' and inserting
``9 Assistant Secretaries''; and
(2) by adding at the end the following:
``(12) Manufacturing and industrial decarbonization
responsibilities, including--
``(A) conducting research, development,
demonstration, deployment, commercialization, and
technical assistance programs related to industrial
applications of energy efficiency, energy management
systems, fuel switching, carbon capture, and carbon
removal technologies;
``(B) promoting increased domestic manufacturing
production of energy-related technologies;
``(C) promoting adoption of low-carbon processes,
technologies, and materials by domestic manufacturers;
and
``(D) promoting other activities resulting in
pollution abatement from industrial facilities and
processes while promoting the manufacturing
competitiveness of the United States.''.
SEC. 502. SUPPORTING CARBON DIOXIDE GEOLOGIC SEQUESTRATION.
(a) Authorization of Appropriations.--For activities involved in
the permitting by the Administrator of the Environmental Protection
Agency of Class VI wells for the injection of carbon dioxide for the
purpose of geologic sequestration in accordance with the requirements
of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and regulations
promulgated thereunder by the Administrator on December 10, 2010 (75
Fed. Reg. 77230), there are authorized to be appropriated $5,000,000
for each of fiscal years 2022 through 2026, and such sums as may be
necessary for fiscal years 2027 through 2031.
(b) State Permitting Programs.--
(1) Grants.--The Administrator shall provide grants to
States that receive program approval for permitting Class VI
wells for the injection of carbon dioxide pursuant to section
1422 of the Safe Drinking Water Act (42 U.S.C. 300h-1), for the
purpose of defraying State expenses related to the
establishment and operation of such State permitting programs.
(2) Authorization of appropriations.--For State grants
described in paragraph (1), there are authorized to be
appropriated $50,000,000 for the period of fiscal years 2022
through 2026, and such sums as may be necessary for fiscal
years 2027 through 2031.
SEC. 503. DETERMINING REASONABLE PROSPECT OF REPAYMENT UNDER TITLE XVII
LOAN PROGRAM.
Section 1702(d)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16512(d)(1)) is amended--
(1) by striking ``No guarantee'' and inserting the
following:
``(A) Requirement.--No guarantee''; and
(2) by adding at the end the following:
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there
is reasonable prospect of repayment under subparagraph
(A) on a comprehensive evaluation of whether the
borrower has a reasonable prospect of repaying the
guaranteed obligation for the eligible project,
including evaluation of--
``(i) the strength of an eligible project's
contractual terms (if commercially reasonably
available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the
Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of
the borrower--
``(I) at the time of loan close;
and
``(II) throughout the loan term
after the project is completed;
``(v) the financial strength of the
borrower's investors and strategic partners, if
applicable; and
``(vi) other financial metrics and analyses
that are relied upon by the private lending
community and nationally recognized credit
rating agencies, as determined appropriate by
the Secretary.''.
SEC. 504. CLEAN ENERGY MANUFACTURING GRANT PROGRAM.
(a) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish a program
to award grants in accordance with this section.
(b) Grants to Manufacturers.--
(1) Grants.--In carrying out the program established under
subsection (a), the Secretary shall, subject to the
availability of appropriations, award grants to manufacturers--
(A) for projects to reequip, expand, or establish a
facility for the manufacture of clean energy systems,
or for the manufacture of components of clean energy
systems, including the manufacture of--
(i) renewable energy technologies;
(ii) energy storage technologies;
(iii) advanced nuclear energy technologies;
(iv) carbon capture, utilization,
transportation, and storage technologies,
including direct air capture systems, direct
ocean capture systems, bio-energy systems with
carbon capture and storage, and systems
intended to capture biogas and greenhouse gas
emissions from wastewater treatment plants and
agricultural applications;
(v) electric grid technologies, including
smart grid technologies, microgrid
technologies, advanced transmission
technologies, building-to-grid technologies,
and vehicle-to-grid technologies;
(vi) efficient end-use energy technologies,
including Energy Star products and energy-
conserving lighting technologies;
(vii) electrolyzers;
(viii) hydrogen fuel cells and other
technologies related to the transportation,
storage, delivery, and use of hydrogen,
including technologies for residential,
commercial, industrial, and transportation
applications;
(ix) zero-emission light-, medium-, and
heavy-duty vehicles, components of such
vehicles, and refueling equipment for such
vehicles;
(x) industrial energy efficiency
technologies, including combined heat and power
systems and waste heat to power systems;
(xi) pollution control equipment; and
(xii) other technologies that reduce
greenhouse gas emissions, as determined
appropriate by the Secretary;
(B) for projects to install, retrofit, or convert
equipment for a facility, or to otherwise establish,
retrofit, or convert a facility, to enable the facility
to manufacture zero- or low-emission energy-intensive
industrial products, including projects relating to the
installation, retrofit, or conversion of--
(i) industrial energy efficiency
technologies;
(ii) carbon capture systems;
(iii) equipment and infrastructure to
enable fuel or feedstock switching to
electricity or hydrogen; and
(iv) equipment to enable production of
materials and products containing a high
percentage of recycled content; and
(C) for front end engineering design studies, as
determined appropriate by the Secretary, for projects
described in subparagraph (B).
(2) Priority of applications.--In awarding grants under
this subsection, the Secretary shall give priority to projects
that--
(A) provide the greatest potential net impact in
avoiding or reducing greenhouse gas emissions and other
air, land, and water pollutants;
(B) include the refurbishment or retooling of
manufacturing facilities that have ceased operation or
will cease operation in the near future;
(C) provide the greatest potential for domestic job
creation (both direct and indirect);
(D) have the greatest potential for technological
innovation and commercial deployment;
(E) have the greatest potential to strengthen or
develop domestic supply chains for clean energy
systems;
(F) result in economic development or economic
diversification in regions or localities that have
historically generated significant economic activity
from the production, processing, transportation, or
combustion of fossil fuels, including coal mines,
fossil fuel-fired electricity generating units, and
petroleum refining facilities;
(G) promote environmental justice in communities
with significant representation of communities of
color, low-income communities, or Tribal and indigenous
communities, or communities that experience, or are at
risk of experiencing, higher or more adverse human
health or environmental effects, including through
remediation of contaminated sites; or
(H) commit to hiring displaced workers in regions
or localities described in subparagraph (F).
(3) Labor standards.--The Secretary shall require--
(A) all laborers and mechanics employed by
contractors or subcontractors in carrying out a project
for the construction, alteration, retooling, or repair
of a facility that is financed by a grant under this
subsection shall be paid wages at rates not less than
those prevailing on similar construction in the
locality, as determined by the Secretary of Labor in
accordance with sections 3141 through 3144, 3146, and
3147 of title 40, United States Code;
(B) a disclosure by an applicant for a grant under
this subsection of any administrative merits
determination, arbitral award or decision, or civil
judgment, as defined in guidance issued by the
Secretary of Labor, rendered against the applicant in
the preceding 3 years for violations of applicable
labor, employment, civil rights, or health and safety
laws;
(C) an applicant for a grant under this subsection
to provide specific information regarding the actions
the applicant will take to demonstrate compliance with,
and where possible exceedance of, requirements under
applicable labor, employment, civil rights, and health
and safety laws, and actions the applicant will take to
ensure that its direct suppliers demonstrate compliance
with applicable labor, employment, civil rights, and
health and safety laws; and
(D) an applicant for a grant under this subsection
to provide an estimate and description of the jobs and
types of jobs to be retained or created by the project
proposed by the applicant and the specific actions the
applicant will take to increase employment and
retention of dislocated workers, veterans, individuals
from low-income communities, women, minorities, and
other groups underrepresented in manufacturing, and
individuals with a barrier to employment.
(4) Cost share.--
(A) In general.--Section 988(c) of the Energy
Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to
a grant made under this subsection.
(B) Certain regions and localities.--
Notwithstanding subparagraph (A), the Secretary may
require, for a project that is funded by a grant under
this section and that is located in a region or
locality described in subsection (b)(2)(F), that not
less than 20 percent of the cost of the project be
provided by a non-Federal source.
(c) Coordination With State and Local Programs.--The Secretary
shall coordinate implementation of the program established under
subsection (a) with programs administered by State governments, local
governments, and Indian Tribes designed to provide financial and
technical assistance to manufacturers, including the retention and
retraining of skilled workers.
(d) Intra-Agency Coordination.--In carrying out the program
established under subsection (a), to the extent consistent with
applicable law, the Secretary shall collaborate, coordinate, and share
information with relevant programs and offices within the Department of
Energy.
(e) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) State.--The term ``State'' means a State, the District
of Columbia, Puerto Rico, or any territory or possession of the
United States.
(4) Zero- or low-emission energy-intensive industrial
product.--The term ``zero- or low-emission energy-intensive
industrial product'' means a product--
(A) the production of which results in
significantly less greenhouse gas emissions relative to
the production of similar products, as determined by
the Secretary; and
(B) that is in one of the following manufacturing
categories, as determined by the Secretary:
(i) Aluminum and other non-ferrous metals.
(ii) Ammonia and fertilizer.
(iii) Cement and concrete.
(iv) Ceramics.
(v) Chemicals and petrochemicals.
(vi) Food processing.
(vii) Glass.
(viii) Hydrogen.
(ix) Iron and steel.
(x) Pulp and paper.
(xi) A manufacturing subsector determined
by the Secretary to be energy-intensive or
difficult-to-decarbonize.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section
$10,000,000,000, to remain available until expended.
Subtitle B--Industrial Efficiency
SEC. 511. SMART MANUFACTURING LEADERSHIP.
(a) Definitions.--In this section:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on standards
of the American National Standards Institute that enables an
organization to follow a systematic approach in achieving
continual improvement of energy performance, including energy
efficiency, security, use, and consumption.
(2) Industrial assessment center.--The term ``industrial
assessment center'' means a center located at an institution of
higher education that--
(A) receives funding from the Department of Energy;
(B) provides an in-depth assessment of small- and
medium-sized manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of
the plant site; and
(C) identifies opportunities for potential savings
for small- and medium-sized manufacturer plant sites
from energy efficiency improvements, waste
minimization, pollution prevention, and productivity
improvement.
(3) Information and communication technology.--The term
``information and communication technology'' means any
electronic system or equipment (including the content contained
in the system or equipment) used to create, convert,
communicate, or duplicate data or information, including
computer hardware, firmware, software, communication protocols,
networks, and data interfaces.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) 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).
(6) North american industry classification system.--The
term ``North American Industry Classification System'' means
the standard used by Federal statistical agencies in
classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data relating
to the business economy of the United States.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than
$100,000,000;
(C) with fewer than 500 employees at the plant
site; and
(D) with annual energy bills totaling more than
$100,000 and less than $2,500,000.
(9) Smart manufacturing.--The term ``smart manufacturing''
means advanced technologies in information, automation,
monitoring, computation, sensing, modeling, and networking
that--
(A) digitally--
(i) simulate manufacturing production
lines;
(ii) operate computer-controlled
manufacturing equipment;
(iii) monitor and communicate production
line status; and
(iv) manage and optimize energy
productivity and cost throughout production;
(B) model, simulate, and optimize the energy
efficiency of a factory building;
(C) monitor and optimize building energy
performance;
(D) model, simulate, and optimize the design of
energy efficient and sustainable products, including
the use of digital prototyping and additive
manufacturing to enhance product design;
(E) connect manufactured products in networks to
monitor and optimize the performance of the networks,
including automated network operations; and
(F) digitally connect the supply chain network.
(b) Leveraging Existing Agency Programs To Assist Small and Medium
Manufacturers.--
(1) Findings.--Congress finds that--
(A) the Department of Energy has existing technical
assistance programs that facilitate greater economic
growth through outreach to and engagement with small
and medium manufacturers;
(B) those technical assistance programs represent
an important conduit for increasing the awareness of
and providing education to small and medium
manufacturers regarding the opportunities for
implementing smart manufacturing; and
(C) those technical assistance programs help
facilitate the implementation of best practices.
(2) Expansion of technical assistance programs.--The
Secretary shall expand the scope of technologies covered by the
Industrial Assessment Centers of the Department of Energy--
(A) to include smart manufacturing technologies and
practices; and
(B) to equip the directors of the Industrial
Assessment Centers with the training and tools
necessary to provide technical assistance in smart
manufacturing technologies and practices, including
energy management systems, to manufacturers.
(c) Leveraging Smart Manufacturing Infrastructure at National
Laboratories.--
(1) Study.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
conduct a study on how the Department of Energy can
increase access to existing high-performance computing
resources in the National Laboratories, particularly
for small and medium manufacturers.
(B) Inclusions.--In identifying ways to increase
access to National Laboratories under subparagraph (A),
the Secretary shall--
(i) focus on increasing access to the
computing facilities of the National
Laboratories; and
(ii) ensure that--
(I) the information from the
manufacturer is protected; and
(II) the security of the National
Laboratory facility is maintained.
(C) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the study.
(2) Actions for increased access.--The Secretary shall
facilitate access to the National Laboratories studied under
paragraph (1) for small and medium manufacturers so that small
and medium manufacturers can fully use the high-performance
computing resources of the National Laboratories to enhance the
manufacturing competitiveness of the United States.
(d) State Leadership Grants.--
(1) Finding.--Congress finds that the States--
(A) are committed to promoting domestic
manufacturing and supporting robust economic
development activities; and
(B) are uniquely positioned to assist
manufacturers, particularly small and medium
manufacturers, with deployment of smart manufacturing
through the provision of infrastructure, including--
(i) access to shared supercomputing
facilities;
(ii) assistance in developing process
simulations; and
(iii) conducting demonstrations of the
benefits of smart manufacturing.
(2) Grants authorized.--The Secretary may make grants on a
competitive basis to States for establishing State programs to
be used as models for supporting the implementation of smart
manufacturing technologies.
(3) Application.--
(A) In general.--To be eligible to receive a grant
under this subsection, a State shall submit to the
Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
(B) Criteria.--The Secretary shall evaluate an
application for a grant under this subsection on the
basis of merit using criteria identified by the
Secretary, including--
(i) the breadth of academic and private
sector partners;
(ii) alternate sources of funding;
(iii) plans for dissemination of results;
and
(iv) the permanence of the infrastructure
to be put in place by the project.
(4) Requirements.--
(A) Term.--The term of a grant under this
subsection shall not exceed 3 years.
(B) Maximum amount.--The amount of a grant under
this subsection shall be not more than $3,000,000.
(C) Matching requirement.--Each State that receives
a grant under this subsection shall contribute matching
funds in an amount equal to not less than 30 percent of
the amount of the grant.
(5) Use of funds.--A State shall use a grant provided under
this subsection--
(A) to provide access to shared supercomputing
facilities to small and medium manufacturers;
(B) to fund research and development of
transformational manufacturing processes and materials
technology that advance smart manufacturing; and
(C) to provide tools and training to small and
medium manufacturers on how to adopt energy management
systems and implement smart manufacturing technologies
in the facilities of the small and medium
manufacturers.
(6) Evaluation.--The Secretary shall conduct biannual
evaluations of each grant made under this subsection--
(A) to determine the impact and effectiveness of
programs funded with the grant; and
(B) to provide guidance to States on ways to better
execute the program of the State.
(7) Funding.--There is authorized to be appropriated to the
Secretary to carry out this subsection $10,000,000 for each of
fiscal years 2022 through 2031.
(e) Report.--The Secretary annually shall submit to Congress and
make publicly available a report on the progress made in advancing
smart manufacturing in the United States.
Subtitle C--Federal Buy Clean Program
SEC. 521. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible material.--The term ``eligible material''
means any material (or groups of materials) on the list in
effect under section 522(b).
(3) Embodied emissions.--The term ``embodied emissions''
means the quantity of greenhouse gas emissions, measured in
kilograms of carbon dioxide-equivalent, accounting for all
stages of production including upstream processing and
extraction of fuels and feedstocks, emitted to the atmosphere
due to the production of a product per unit of such product.
(4) Environmental product declaration.--The term
``environmental product declaration'' means a document that
includes--
(A) product-specific measurement of the embodied
emissions of a product on a mass basis and per
functional unit that--
(i) is in accordance with international
standards, such as a Type III environmental
product declaration, as defined by the
International Organization for Standardization
standard 14025;
(ii) is calculated for a specific facility;
(iii) communicates transparent and
comparable information;
(iv) includes all stages of manufacturing
required by the product;
(v) is verified by an independent third
party; and
(vi) is developed in accordance with the
criteria specified in the appropriate product
category rule designated by the Administration
under section 522(c); and
(B) is valid for no more than 5 years.
(5) Federal contracting agency.--The term ``Federal
contracting agency'' means--
(A) the Department of Defense, including the Army
Corps of Engineers;
(B) the Department of Energy;
(C) the Department of Transportation;
(D) the Department of Commerce;
(E) the Environmental Protection Agency;
(F) the General Services Administration; and
(G) the Department of Veterans Affairs.
(6) Functional unit.--The term ``functional unit'' means
the measurement of the function of a product that--
(A) is in accordance with international standards,
such as a Type III environmental product declaration,
as defined by the International Organization for
Standardization standard 14025; and
(B) is a quantified description of the function a
product performs, including for how long it is
performed.
(7) Product category rule.--The term ``product category
rule'' means a document that defines necessary rules,
requirements, and guidelines for developing an environmental
product declaration, or similar mechanism as determined
appropriate by the Administrator, of a product covered by such
product category rule.
(8) Small business.--The term ``small business'' means an
entity that generated less than $10,000,000 in annual revenue
in at least 1 of the previous 3 calendar years.
SEC. 522. EMBODIED EMISSIONS TRANSPARENCY.
(a) In General.--Not later than 180 days after the enactment of
this subtitle, the Administrator, in consultation with the Secretary of
Energy, the Director of the National Institute of Standards and
Technology, and relevant National Laboratories, shall establish a
program to enhance the transparency, quality, and availability of life-
cycle assessment data, and harmonize life-cycle assessment approaches
to calculating greenhouse gas emissions and other environmental
factors, in the production of products made primarily of eligible
materials through environmental product declarations or a similar
mechanism as determined appropriate by the Administrator.
(b) List of Eligible Materials.--
(1) In general.--The Administrator shall maintain a list of
materials to be treated as eligible materials for purposes of
this subtitle.
(2) Initial list.--The initial list of eligible materials
shall include--
(A) aluminum;
(B) iron;
(C) steel;
(D) concrete;
(E) cement; and
(F) any eligible material described in paragraph
(3) the Administrator determines is appropriate.
(3) Secondary list.--The secondary list of eligible
materials shall include--
(A) flat glass;
(B) insulation;
(C) unit masonry; and
(D) wood products.
(4) Modification of list.--
(A) Petition.--Beginning 2 years after the date of
enactment of this subtitle, any person may submit to
the Administrator a petition to modify the list of
eligible materials maintained under this subsection.
(B) Deadline.--Not later than 1 year after receipt
of a petition under subparagraph (A), the Administrator
shall--
(i) approve the petition and modify the
list maintained under this subsection in
accordance with such petition; or
(ii) deny the petition and publish a
written explanation of the Administrator's
decision to approve or deny the petition.
(c) Product Category Rule Designations.--
(1) In general.--The Administrator shall, in consultation
with the Secretary of Energy, the Director of the National
Institute of Standards and Technology, and relevant National
Laboratories, designate product category rules for products
made primarily of eligible materials to be used in the creation
of environmental product declarations, or a similar mechanism
as determined appropriate by the Administrator, for each
product type covered by such product category rules. In
designating such product category rules, the Administrator may
designate separate product category rules as appropriate based
on class, type, and size of products.
(2) Timing.--
(A) Initial designations.--Not later than 6 months
after the date of enactment of this subtitle, the
Administrator shall designate product category rules
for products made primarily of eligible materials
listed in subsection (b)(2) and used in construction.
(B) Secondary designations.--Not later than 1 year
after the date of enactment of this subtitle, the
Administrator shall designate product category rules
for products made primarily of eligible materials
listed in subsection (b)(3) and used in construction.
(3) Requirements.--In designating a product category rule
for products made primarily of an eligible material, the
Administrator shall consider--
(A) the uses, durability, lifetime, performance,
and appropriate functional unit of a product covered by
such product category rule;
(B) the stages of manufacturing required by a
product covered by such product category rule;
(C) the inclusion of imported products covered by
such product category rule; and
(D) the quality and harmonization of life-cycle
assessments of embodied emissions and other
environmental factors, in the production of products
covered by such product category rule.
(4) Product category rules developed by third parties.--In
designating a product category rule under this subsection, the
Administrator--
(A) may designate a product category rule developed
by a third party; or
(B) may develop and designate a product category
rule if the Administrator determines that for the
products made primarily of an eligible material--
(i) no such third party rule exists; or
(ii) no such rule third party rule exists
that is adequate.
(5) Updates.--
(A) In general.--At least once every 5 years after
a product category rule is designated under this
subsection, the Administrator shall review such product
category rule, and after opportunity for notice and
comment, update such product category rule as
necessary.
(B) Petitions.--Beginning 1 year after the
designation of a product category rule under this
subsection, any person may submit to the Administrator
a petition to reconsider such designation based on--
(i) advances in technology that create
substantial changes to the production of
products within a product category; or
(ii) a misrepresentation or change of a
product's characteristics, methods of
production, or use.
(d) National Environmental Product Declaration Database.--
(1) Establishment.--Beginning not later than 9 months after
the date of enactment of this subtitle, the Administrator shall
establish and maintain a publicly accessible database of
environmental product declarations to be known as the National
Environmental Product Declaration Database.
(2) Inclusion by appropriate product category rule.--The
Administrator shall include an environmental product
declaration, including an environmental product declaration for
an imported product, in the National Environmental Product
Declaration Database only if the declaration is created using
the appropriate product category rule designated under
subsection (c).
(3) Removal.--The Administrator shall immediately remove an
environmental product declaration, including an environmental
product declaration for an imported product, from the National
Environmental Product Declaration Database if the declaration
does not use the appropriate product category rule designated
under subsection (c), is unverified by a third party, or is
otherwise found to be inadequate, as determined by the
Administrator.
(e) Environmental Product Declaration Assistance.--
(1) Technical assistance program.--The Administrator shall
establish a program to provide technical assistance to
manufacturers of eligible materials to develop and verify
environmental product declarations.
(2) Grants to small businesses.--
(A) In general.--Not later than 9 months after the
date of enactment of this subtitle, the Administrator
shall establish a grant program to provide financial
assistance for the development and verification of
environmental product declarations subject to the
appropriate product category rules designated in
subsection (c) for small businesses that manufacture
eligible materials or products primarily made of
eligible materials in the United States.
(B) Limitations.--No small business shall receive
more than $100,000 under such program during any 5-year
period.
(C) Commitment to submit environmental product
declarations.--Any small business receiving financial
assistance under this paragraph shall submit any
environmental product declaration developed and
verified with such financial assistance to the National
Environmental Product Declaration Database established
under subsection (d).
(3) Outreach to manufacturers.--The Administrator shall
conduct public outreach and education to manufacturers about
the National Environmental Product Declaration Database
established under subsection (d) and encourage submission of
environmental product declarations created using the
appropriate product category rule designated in subsection (c),
to such database.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2022 through 2031.
(f) Environmental Product Declarations Audits.--The Administrator
shall conduct random audits of environmental product declarations
submitted to the National Environmental Product Declaration Database
established under subsection (d), and the practices of independent
third-party verifiers of such environmental product declarations. At a
minimum, the Administrator shall conduct audits each year for a
representative sample of product categories and geographical areas,
including environmental product declarations of imported products.
(g) Interagency Consultation.--In carrying out the program
established in this section, the Administrator shall consult and
coordinate with relevant programs within the Department of Energy,
Department of Commerce, and other relevant agencies as determined by
the Administrator.
(h) Program Review and Assessment of Environmental Product
Declarations.--Not later than 5 years after the date of enactment of
this subtitle, the Administrator, in consultation with other relevant
agencies as determined by the Administrator, shall conduct a review of
the program established under this section. Such review--
(1) shall--
(A) include an assessment of the quality and
efficacy of environmental product declarations to
account for the embodied emissions of a product, and
consider alternative mechanisms or accounting methods
that would enhance the transparency, quality, and
availability of life-cycle assessment data, and improve
harmonization of life-cycle assessment approaches to
calculating greenhouse gas and other environmental
factors, in the production of products containing
eligible materials; and
(B) provide an opportunity for public comment on
the review's findings; and
(2) may--
(A) include recommendations to enhance or harmonize
accounting and reporting methods related to
international life-cycle assessment standards of
products containing eligible materials, including data
verification and identification of products' country of
origin for products produced outside of the United
States; and
(B) include recommendations to improve the
evaluation of environmental factors, including air,
water, and land pollution, and other factors related to
raw material extraction, transportation, manufacturing,
use, and end of life, associated with products
containing eligible materials.
SEC. 523. REPORTS TO CONGRESS.
(a) Report on Federal Procurement.--Not later than 1 year after the
date of enactment of this subtitle, the Administrator, in consultation
with other Federal contracting agencies, shall submit to Congress a
report that quantifies and evaluates, by agency, sector of expenditure,
and product sector, the volume of eligible materials procured by the
Federal Government, and the level of spending on such eligible
materials.
(b) Report on Material Efficiency.--Not later than 2 years after
the date of enactment of this subtitle, the Administrator, in
consultation with the Department of Energy and other relevant agencies
determined by the Administrator, shall submit to Congress and make
publicly available a report that includes a review of existing research
on, and policy recommendations for, improving material efficiency of
eligible materials.
SEC. 524. ESTABLISHING BUY CLEAN STANDARDS FOR FEDERALLY FUNDED
INFRASTRUCTURE PROJECTS.
(a) In General.--Not later than 1 year after the date of enactment
of this subtitle, the Administrator and the Secretary of Energy, in
coordination with relevant Federal agencies, shall develop a Federal
Buy Clean program to steadily reduce the quantity of embodied emissions
of construction materials and products, and promote the use of low-
emissions construction materials and products, in projects involving
Federal funds.
(b) Relevant Federal Agencies.--For purposes of subsection (a),
relevant Federal agencies are--
(1) the Department of Commerce;
(2) the General Services Administration;
(3) the Department of Defense, including the U.S. Army
Corps of Engineers;
(4) the Department of Transportation;
(5) the Department of Agriculture;
(6) the Department of Veterans Affairs; and
(7) any other Federal agency determined appropriate by the
Administrator and the Secretary of Energy.
(c) Considerations.--In developing a Federal Buy Clean program
under this section, the Administrator and the Secretary of Energy, in
coordination with relevant Federal agencies, shall consider--
(1) inclusion of specific materials and product categories
under such program;
(2) the appropriate Federal agencies and project types to
be covered by such program;
(3) effective methods of developing, setting, and adjusting
Buy Clean performance standards, including consideration of--
(A) differentiation between products, classes,
types, sizes, functional uses, and other factors that
may warrant distinction between product categories;
(B) which stages of production and use of materials
and products should be covered by performance
standards;
(C) whether performance standards should be applied
on a facility-specific basis, and for which product
categories;
(D) appropriate and effective safeguards to ensure
such performance standards do not reduce the
international competitiveness of domestic
manufacturers;
(E) issuance of waivers from performance standards,
including factors for consideration to warrant a
waiver; and
(F) additional factors involving materials and
products covered by such performance standards,
including durability, safety, other performance
characteristics, domestic content requirements, and
cost;
(4) methods to cover projects and contracts issued by State
and local governments that involve Federal funding;
(5) effective enforcement of Buy Clean performance
standards, including verification and enforcement of standards
for imported products, and appropriate penalties for
noncompliance;
(6) timing and other factors to promote ease of
implementation of such program;
(7) the technical and financial assistance to manufacturers
and State and local governments needed to support
implementation of such program and to meet Buy Clean
performance standards;
(8) promotion of novel technologies with the potential to
reduce embodied emissions of materials and products covered by
such program;
(9) the data collection and reporting requirements needed
to implement and enforce such program; and
(10) harmonization with the program established under
section 522 and the program established under section 324C of
the Energy Policy and Conservation Act (as added by this Act).
(d) Stakeholder Outreach.--In carrying out subsection (a), the
Administrator and the Secretary of Energy shall solicit input from
relevant stakeholders and organizations, including--
(1) manufacturers of relevant construction materials and
products;
(2) labor organizations;
(3) experts in greenhouse gas emissions lifecycle
assessments;
(4) experts in procurement;
(5) experts in international trade;
(6) State and local governments; and
(7) developers of relevant codes and standards.
SEC. 525. CLIMATE STAR PROGRAM.
(a) In General.--The Energy Policy and Conservation Act is amended
by inserting after section 324B (42 U.S.C. 6294b) the following:
``SEC. 324C. CLIMATE STAR PROGRAM.
``(a) In General.--There is established within the Environmental
Protection Agency and the Department of Energy a voluntary program to
identify and promote certain products produced with significantly lower
embodied emissions than comparable products, while meeting strict
performance criteria, in order to reduce greenhouse gas emissions and
encourage use of products with lower embodied emissions, through
voluntary labeling of, or other forms of communication about, products
that meet strict performance criteria.
``(b) Division of Responsibilities.--Responsibilities under the
program shall be divided between the Environmental Protection Agency
and the Department of Energy in accordance with the terms of applicable
agreements between those agencies.
``(c) Inclusions.--Categories of products that may be included
under the program shall include products which typically have high
embodied emissions, as determined by the Administrator of the
Environmental Protection Agency and the Secretary of Energy, and may
include categories of products composed primarily of eligible
materials.
``(d) Duties.--The Administrator and the Secretary shall--
``(1) establish--
``(A) a Climate Star label to be used for products
meeting the certification criteria established pursuant
to this section; and
``(B) the procedure, including the methods and
means, and criteria by which products may be certified
to display the Climate Star label;
``(2) enhance public awareness regarding the Climate Star
label through outreach and public education;
``(3) preserve the integrity of the Climate Star label by--
``(A) establishing and maintaining performance
criteria so that products certified to display the
Climate Star label are produced with significantly
lower embodied emissions than comparable products;
``(B) overseeing Climate Star certifications made
by third parties, which shall be independent third-
party product certification bodies accredited by an
accreditation entity domiciled in the United States;
and
``(C) auditing the use of the Climate Star label in
the marketplace and preventing cases of misuse;
``(4) not more frequently than every 6 years after adoption
or major revision of any Climate Star performance criteria,
review and, if appropriate, revise the performance criteria to
achieve an additional reduction in embodied emissions compared
to the existing Climate Star performance criteria;
``(5) regularly consider the inclusion of additional
categories of products to achieve a significant reduction in
the embodied emissions of such products; and
``(6) in revising any Climate Star performance criteria or
inclusion of an additional category of products--
``(A) provide reasonable notice to interested
parties and the public of any changes, including
effective dates, and an explanation of the changes;
``(B) solicit comments from interested parties and
the public prior to any changes;
``(C) as appropriate, respond to comments submitted
by interested parties and the public; and
``(D) provide an appropriate transition time prior
to the applicable effective date of any changes, taking
into account the timing necessary for the manufacture,
marketing, training, and distribution of the specific
product being addressed.
``(e) Distinction of Authorities.--In setting or maintaining
specifications and criteria for Energy Star pursuant to section 324A,
WaterSense pursuant to section 324B, and Climate Star under this
section, the Administrator and the Secretary shall coordinate to
prevent duplicative or conflicting requirements among the respective
programs.
``(f) No Warranty.--A Climate Star label shall not create any
express or implied warranty.
``(g) Methods for Establishing Performance Criteria.--In
establishing performance criteria for products pursuant to this
section, the Administrator and the Secretary shall use technical
specifications established in product category rules designated under
section 522 of the CLEAN Future Act for specific products, as
appropriate.
``(h) Definitions.--In this section, the terms `eligible material'
and `embodied emissions' have the meanings given those terms in section
522 of the CLEAN Future Act.''.
(b) Requirements.--Part 3 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by adding
at the end the following:
``SEC. 554. FEDERAL PROCUREMENT OF CLIMATE STAR PRODUCTS.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given that
term in section 7902(a) of title 5, United States Code.
``(2) Climate star product.--The term `Climate Star
product' means a product that is rated for greenhouse gas
emissions intensity under the Carbon Star program.
``(3) Climate star program.--The term `Climate Star
program' means the program established by section 324C of the
Energy Policy and Conservation Act.
``(4) Product.--The term `product' does not include any
product or system designed or procured for combat or combat-
related missions.
``(b) Procurement of Climate Star Products.--
``(1) Requirement.--Not later than January 1, 2025, to meet
the requirements of an agency for a product for which Climate
Star program criteria exists, the head of the agency shall,
except as provided in paragraph (2), procure a Climate Star
product.
``(2) Exceptions.--The head of an agency is not required to
procure a Climate Star product under paragraph (1) if the head
of the agency finds in writing that no Climate Star product is
reasonably available that meets the functional requirements of
the agency.
``(3) Procurement planning.--The head of an agency shall
incorporate into the specifications for all procurements
involving products for which Climate Star program criteria
exist, including guide specifications, project specifications,
and construction, renovation, and services contracts that
include provision of products for which Climate Star program
criteria exist, and into the factors for the evaluation of
offers received for the procurement, criteria for greenhouse
gas emissions that are consistent with the criteria used for
rating Climate Star products.
``(c) Listing of Climate Star Products in Federal Catalogs.--
Climate Star products shall be clearly identified and prominently
displayed in any inventory or listing of products by the General
Services Administration or the Defense Logistics Agency. The General
Services Administration or the Defense Logistics Agency shall supply
only Climate Star products for all categories of products covered by
the Climate Star program, except in cases where the agency ordering a
product specifies in writing that no Climate Star product is available
to meet the buyer's functional requirements.
``(d) Regulations.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall issue guidelines to
carry out this section.''.
(c) Conforming Amendment.--The table of contents of the National
Energy Conservation Policy Act is amended by inserting after the item
relating to section 553 the following new item:
``Sec. 554. Federal procurement of Carbon Star products.''.
Subtitle D--Industrial Efficiency Incentives
SEC. 531. PURPOSES.
The purposes of this subtitle are the following:
(1) Reduce greenhouse gas emissions from the industrial
sector.
(2) Maximize the energy efficiency and water use efficiency
of United States industrial plants.
(3) Make industrial facilities more financially viable
through energy efficiency improvements that lower energy costs.
(4) Create opportunities for energy efficiency
manufacturing and installation jobs across the country.
(5) Make the United States industrial sector the cleanest
in the world.
SEC. 532. SUSTAINABLE INDUSTRY REBATE PROGRAM.
(a) In General.--The Secretary of Energy shall establish the
Sustainable Industry Rebate Program with the purpose of--
(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
(2) reducing greenhouse gas emissions from industrial
processes;
(3) improving efficient use of water in manufacturing
processes; and
(4) preventing pollution and minimizing waste.
(b) Process.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary of Energy, in
consultation with the Secretary of the Treasury, shall--
(A) develop and make available rebate forms
required to receive a rebate under this section; and
(B) establish a Federal Rebate Processing System
which shall serve as a database and information
technology system that will allow qualified entities to
submit required rebate forms for reimbursement.
(2) Requirements.--To be eligible to receive a rebate under
this section, a qualified entity shall submit to the Secretary
of Energy the required rebate forms, at such time, and
containing such information as the Secretary of Energy may
require, and include demonstrated evidence--
(A) that the entity purchased the qualified
technology;
(B) that the qualified technology is eligible for
the rebate program;
(C) that the qualified technology is eligible for
any of the additional rebates laid out in paragraph
(4);
(D) of the energy efficiency gains or water use
efficiency gains to be achieved by implementation of
the technology;
(E) the greenhouse gas emissions reductions
resulting from replacing an existing technology with
the qualified technology; and
(F) that the technology replaced by the qualified
technology has been permanently decommissioned.
(c) Sustainable Industry Database.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this section, the Secretary of Energy shall
maintain, on the website of the Department of Energy, a
national database to provide information on the Sustainable
Industry Rebate Program.
(2) Inclusions.--The Sustainable Industry Database shall
include--
(A) a list of the qualified technologies;
(B) a list of the qualified technologies that are
eligible for the Made in America additional rebate
established in paragraph (4)(B)(i);
(C) instructions for how to participate in the
Sustainable Industry Rebate Program;
(D) instructions for how to petition the Industrial
Efficiency Working group, established in section 3,
regarding additions to the list of qualified
technologies; and
(E) any additional information determined by the
Secretary of Energy to be appropriate.
(d) Authorized Amount of Rebate.--
(1) In general.--The base amount of rebate provided under
this section shall be--
(A) 25 percent of the overall cost of the qualified
technology for companies with over 500 employees; and
(B) 40 percent of the overall cost of the qualified
technology for companies under 500 employees.
(2) Additional rebates.--
(A) 15 percent of the overall cost of the qualified
technology if the majority of components of the
purchased qualified technology were manufactured in the
United States.
(B) 10 percent of the overall cost of the qualified
technology if the qualified technology facilitates a
switch from fossil fuel-fired energy source to a low-
or zero-carbon fuel source, including electrification.
(C) 10 percent of the overall cost of the qualified
technology if the qualified entity produces Climate
Star Products certified pursuant to section 324C of the
Energy Policy and Conservation Act (as added by this
Act).
(3) Inclusion.--For purposes of this section, the overall
cost of a qualified technology shall include all costs
associated with the purchase and installation of the qualified
technology, and replacement and removal costs of the existing
technology.
(4) Limitation.--The amount of a rebate provided under this
section shall not exceed 50 percent of the overall cost of a
qualified technology for companies with over 500 employees, or
65 percent of the overall cost of a qualified technology for
companies with under 500 employees.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000,000 for each of
fiscal years 2022 through 2031, to remain available until expended.
(f) Definitions.--In this section:
(1) Qualified entity.--The term ``qualified entity'' means
the owner or operator of a nonpower industrial or manufacturing
facility.
(2) Qualified technology.--The term ``qualified
technology'' means--
(A) any technology listed in the Sustainable
Industry Database that can be demonstrated to result in
energy efficiency improvements of at least 20 percent
over the facility's existing technology;
(B) any technology listed in the Sustainable
Industry Database that can be demonstrated to result in
water use reductions, water intensity reductions, or
energy reductions from water management of at least 20
percent over a facility's existing technology; or
(C) any technology listed in the Sustainable
Industry Database and used in an industrial application
that replaces a facility's fossil fuel-fired
technology.
SEC. 533. INDUSTRIAL EFFICIENCY WORKING GROUP.
(a) Establishment.--Not later than 30 days after the date of
enactment of this section, the Secretary of Energy shall establish the
Industrial Efficiency Working Group or ``Working Group'' for purposes
of this section, and appoint members pursuant to subsection (b).
(b) Membership.--
(1) Chair.--The Secretary of Energy shall designate a
member of the Working Group to serve as Chair.
(2) Appointment.--The Working Group shall be comprised of
members who shall be appointed by the Secretary of Energy, in
coordination with directors of the Advanced Manufacturing
Office, the Office of Energy Efficiency and Renewable Energy,
and the Building Technology Office.
(3) Representation.--Members of the Working Group shall
include--
(A) representatives of each relevant Federal agency
as determined by the Secretary of Energy;
(B) representatives of each relevant Department of
Energy office;
(C) representatives of labor groups;
(D) representatives of the research community,
which shall include academia and national laboratories;
(E) representatives of nongovernmental
organizations;
(F) representatives of energy efficiency program
administrators;
(G) representatives of industry and trade
associations, the collective expertise of which shall
cover every focus area; and
(H) any other individual whom the Secretary of
Energy determines to be necessary to ensure that the
Working Group is comprised of a diverse group of
representatives of industry, academia, independent
researchers, and public and private entities.
(c) Duties.--The Working Group shall--
(1) develop a list of qualified technologies to be eligible
for the Sustainable Industry Rebate Program established under
section 532;
(2) develop a list of the qualified technologies that meet
the Made in America requirements for the additional rebate
established under section 2(d)(2)(A);
(3) determine if technologies petitioned to be added to the
list are eligible;
(4) determine if any technologies on the list need to be
removed from the list; and
(5) identify technology gaps in industrial efficiency, and
make recommendations to address those gaps.
(d) Meetings.--
(1) Frequency.--The Working Group shall meet not less
frequently than 2 times per year, at the call of the Chair.
(2) Initial meeting.--Not later than 60 days after the date
on which the members are appointed under subsection (b), the
Working Group shall hold its first meeting.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, and not less frequently than once
every year thereafter, the Working Group shall submit to the
Secretary of Energy a report that includes--
(A) a list of qualified technologies eligible for
the Sustainable Industry Rebate Program;
(B) a list of qualified technologies eligible for
the Made in America additional rebate established under
section 2(d)(2)(A); and
(C) a list of technologies that should be added or
removed from the database.
(f) Coordination.--In carrying out this section, the Secretary of
Energy shall--
(1) coordinate and seek to avoid duplication with other
programs of the Department of Energy;
(2) coordinate and collaborate with the Industrial
Technology Innovation Advisory Committee; and
(3) to the maximum extent practicable, leverage existing
resources and programs of the Department of Energy.
TITLE VI--ENVIRONMENTAL JUSTICE
Subtitle A--Empowering Community Voices
SEC. 601. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all
individuals, regardless of race, color, culture, national
origin, educational level, or income, with respect to the
development, implementation, and enforcement of policies and
projects that address climate change, a recognition of the
historical responsibilities for climate change, and a
commitment that the people and communities least responsible
for climate change, and most vulnerable to the impacts of
climate change, do not suffer disproportionately as a result of
historical injustice and disinvestment.
(3) Community of color.--The term ``community of color''
means any geographically distinct area the population of color
of which is higher than the average population of color of the
State in which the community is located.
(4) Community-based science.--The term ``community-based
science'' means voluntary public participation in the
scientific process and the incorporation of data and
information generated outside of traditional institutional
boundaries to address real-world problems in ways that may
include formulating research questions, conducting scientific
experiments, collecting and analyzing data, interpreting
results, making new discoveries, developing technologies and
applications, and solving complex problems, with an emphasis on
the democratization of science and the engagement of diverse
people and communities.
(5) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) populations of color, communities of color,
indigenous communities, and low-income communities have
access to public information and opportunities for
meaningful public participation relating to human
health and environmental planning, regulations, and
enforcement;
(B) no population of color or community of color,
indigenous community, or low-income community shall be
exposed to a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazards; and
(C) the 17 Principles of Environmental Justice
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(6) Environmental justice community.--The term
``environmental justice community'' means any population of
color, community of color, indigenous community, or low-income
community that experiences a disproportionate burden of the
negative human health and environmental impacts of pollution or
other environmental hazards.
(7) Federal agency.--The term ``Federal agency'' means--
(A) each Federal agency represented on the Working
Group; and
(B) any other Federal agency that carries out a
Federal program or activity that substantially affects
human health or the environment, as determined by the
President.
(8) Indigenous community.--The term ``indigenous
community'' means--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; and
(D) any other community of indigenous people,
including communities in other countries.
(9) Infrastructure.--The term ``infrastructure'' means any
system for safe drinking water, sewer collection, solid waste
disposal, electricity generation, communication, or
transportation access (including highways, airports, marine
terminals, rail systems, and residential roads) that is used to
effectively and safely support--
(A) housing;
(B) an educational facility;
(C) a medical provider;
(D) a park or recreational facility; or
(E) a local business.
(10) Low income.--The term ``low income'' means an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(11) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with low income.
(12) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community
have an appropriate opportunity to participate in
decisions regarding a proposed activity that will
affect the environment or public health of the
community;
(B) the public contribution can influence the
determination by the Federal agency;
(C) the concerns of all participants involved are
taken into consideration in the decision-making
process; and
(D) the Federal agency--
(i) provides to potentially affected
members of the public accurate information; and
(ii) facilitates the involvement of
potentially affected members of the public.
(13) Population of color.--The term ``population of color''
means a population of individuals who identify as--
(A) Black;
(B) African American;
(C) Asian;
(D) Pacific Islander;
(E) another non-White race;
(F) Hispanic;
(G) Latino; or
(H) linguistically isolated.
(14) Publish.--The term ``publish'' means to make publicly
available in a form that is--
(A) generally accessible, including on the internet
and in public libraries; and
(B) accessible for--
(i) individuals who are limited in English
proficiency, in accordance with Executive Order
13166 (65 Fed. Reg. 50121 (August 16, 2000));
and
(ii) individuals with disabilities.
(15) Working group.--The term ``Working Group'' means the
interagency Federal Working Group on Environmental Justice
convened under section 1-102 of Executive Order 12898 (42
U.S.C. 4321 note), as amended by Executive Order 12948 (60 Fed.
Reg. 6381 (January 30, 1995)) and modified by this subtitle.
SEC. 602. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended
by adding at the end the following new section:
``SEC. 330. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE
GRANTS.
``(a) In General.--The Administrator may award grants to eligible
entities to enable such entities to participate in decisions impacting
the health and safety of their communities in connection with an actual
or potential release of a covered hazardous air pollutant.
``(b) Timing.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to apply
for a grant under this section, including the required content
and form of applications, the manner in which applications must
be submitted, and any applicable deadlines.
``(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
``(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who reside in a
community that--
``(1) is a population of color, a community of color, an
indigenous community, or a low-income community; and
``(2) is in close proximity to the site of an actual or
potential release of a covered hazardous air pollutant.
``(d) Use of Funds.--An eligible entity receiving a grant under
this section shall use the grant to participate in decisions impacting
the health and safety of the community involved in connection with an
actual or potential release of a covered hazardous air pollutant,
including--
``(1) interpreting information with regard to the nature of
the hazard, cumulative impacts studies, health impacts studies,
remedial investigation and feasibility studies, agency
decisions, remedial design, and operation and maintenance of
necessary monitors; and
``(2) performing additional air pollution monitoring.
``(e) Limitations on Amount; Renewal.--
``(1) Amount.--
``(A) In general.--The amount of a grant under this
section (excluding any renewals of the grant) may not
exceed $50,000 for any grant recipient.
``(B) Exception.--The Administrator may waive the
limitation in subparagraph (A) with respect to an
applicant in any case where the Administrator
determines that such waiver is necessary for the
community involved to obtain the necessary technical
assistance.
``(2) Renewal.--Grants may be renewed for each step in the
regulatory, removal, or remediation process in connection with
a facility with the potential to release a covered hazardous
air pollutant.
``(f) Definitions.--In this section:
``(1) The term `community of color' has the meaning given
that term in section 601 of the CLEAN Future Act.
``(2) The term `covered hazardous air pollutant' means a
hazardous air pollutant (as defined in section 112 of the Clean
Air Act) that--
``(A) is listed on the toxics release inventory
under section 313(c) of the Emergency Planning and
Community Right-To-Know Act of 1986; or
``(B) is identified as carcinogenic by an
assessment under the Integrated Risk Information System
(IRIS) of the Environmental Protection Agency.
``(3) The term `indigenous community' has the meaning given
that term in section 601 of the CLEAN Future Act.
``(4) The term `low income' has the meaning given that term
in section 601 of the CLEAN Future Act.
``(5) The term `population of color' has the meaning given
that term in section 601 of the CLEAN Future Act.''.
SEC. 603. INTERAGENCY FEDERAL WORKING GROUP ON ENVIRONMENTAL JUSTICE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall convene, as appropriate to carry
out this section, the Working Group.
(b) Requirements.--
(1) Composition.--The Working Group shall be comprised of
the following (or a designee):
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(E) The Secretary of Health and Human Services.
(F) The Secretary of Homeland Security.
(G) The Secretary of Housing and Urban Development.
(H) The Secretary of the Interior.
(I) The Secretary of Labor.
(J) The Secretary of Transportation.
(K) The Attorney General.
(L) The Administrator.
(M) The Director of the Office of Environmental
Justice.
(N) The Chairman of the Consumer Product Safety
Commission.
(O) The Chairperson of the Chemical Safety Board.
(P) The Director of the Office of Management and
Budget.
(Q) The Director of the Office of Science and
Technology Policy.
(R) The Chair of the Council on Environmental
Quality.
(S) The Assistant to the President for Domestic
Policy.
(T) The Director of the National Economic Council.
(U) The Chairman of the Council of Economic
Advisers.
(V) Such other Federal officials as the President
may designate.
(2) Functions.--The Working Group shall--
(A) report to the President through the Chair of
the Council on Environmental Quality and the Assistant
to the President for Domestic Policy;
(B) provide guidance to Federal agencies regarding
criteria for identifying disproportionately high and
adverse human health or environmental effects--
(i) on populations of color, communities of
color, indigenous communities, and low-income
communities; and
(ii) on the basis of race, color, national
origin, or income;
(C) coordinate with, provide guidance to, and serve
as a clearinghouse for, each Federal agency with
respect to the implementation and updating of an
environmental justice strategy required under this Act,
in order to ensure that the administration,
interpretation, and enforcement of programs,
activities, and policies are carried out in a
consistent manner;
(D) assist in coordinating research by, and
stimulating cooperation among, the Environmental
Protection Agency, the Department of Health and Human
Services, the Department of Housing and Urban
Development, and other Federal agencies conducting
research or other activities in accordance with this
Act;
(E) identify, based in part on public
recommendations contained in Federal agency progress
reports, important areas for Federal agencies to take
into consideration and address, as appropriate, in
environmental justice strategies and other efforts;
(F) assist in coordinating data collection and
maintaining and updating appropriate databases, as
required by this Act;
(G) examine existing data and studies relating to
environmental justice;
(H) hold public meetings and otherwise solicit
public participation under paragraph (3); and
(I) develop interagency model projects relating to
environmental justice that demonstrate cooperation
among Federal agencies.
(3) Public participation.--The Working Group shall--
(A) hold public meetings or otherwise solicit
public participation and community-based science for
the purpose of fact-finding with respect to the
implementation of this Act; and
(B) prepare for public review and publish a summary
of any comments and recommendations provided.
(c) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
SEC. 604. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE.
(a) Federal Agency Responsibilities.--
(1) Environmental justice mission.--To the maximum extent
practicable and permitted by applicable law, each Federal
agency shall make achieving environmental justice part of the
mission of the Federal agency by identifying, addressing, and
mitigating disproportionately high and adverse human health or
environmental effects of the programs, policies, and activities
of the Federal agency on populations of color, communities of
color, indigenous communities, and low-income communities in
the United States (including the territories and possessions of
the United States and the District of Columbia).
(2) Nondiscrimination.--Each Federal agency shall conduct
any program, policy, or activity that substantially affects
human health or the environment in a manner that ensures that
the program, policy, or activity does not have the effect of
excluding any individual or group from participation in,
denying any individual or group the benefits of, or subjecting
any individual or group to discrimination under, the program,
policy, or activity because of race, color, or national origin.
(3) Strategies.--
(A) Agencywide strategies.--Each Federal agency
shall implement and update, not less frequently than
annually, an agencywide environmental justice strategy
that identifies disproportionally high and adverse
human health or environmental effects of the programs,
policies, spending, and other activities of the Federal
agency with respect to populations of color,
communities of color, indigenous communities, and low-
income communities, including, as appropriate for the
mission of the Federal agency, with respect to the
following areas:
(i) Implementation of the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(ii) Implementation of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) (including regulations promulgated
pursuant to that title).
(iii) Implementation of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(iv) Impacts from the lack of
infrastructure, or from deteriorated
infrastructure.
(v) Impacts from land use.
(vi) Impacts from climate change.
(vii) Impacts from commercial
transportation.
(B) Revisions.--
(i) In general.--Each strategy developed
and updated pursuant to subparagraph (A) shall
identify programs, policies, planning and
public participation processes, rulemaking,
agency spending, and enforcement activities
relating to human health or the environment
that may be revised, at a minimum--
(I) to promote enforcement of all
health, environmental, and civil rights
laws and regulations in areas
containing populations of color,
communities of color, indigenous
communities, and low-income
communities;
(II) to ensure greater public
participation;
(III) to provide increased access
to infrastructure;
(IV) to improve research and data
collection relating to the health and
environment of populations of color,
communities of color, indigenous
communities, and low-income
communities, including through the
increased use of community-based
science; and
(V) to identify differential
patterns of use of natural resources
among populations of color, communities
of color, indigenous communities, and
low-income communities.
(ii) Timetables.--Each strategy implemented
and updated pursuant to subparagraph (A) shall
include a timetable for undertaking revisions
identified pursuant to clause (i).
(C) Progress reports.--Not later than 1 year after
the date of enactment of this Act, and not less
frequently than once every 5 years thereafter, each
Federal agency shall submit to Congress and the Working
Group, and shall publish, a progress report that
includes, with respect to the period covered by the
report--
(i) a description of the current
environmental justice strategy of the Federal
agency;
(ii) an evaluation of the progress made by
the Federal agency at national and regional
levels regarding implementation of the
environmental justice strategy, including--
(I) metrics used by the Federal
agency to measure performance; and
(II) the progress made by the
Federal agency toward--
(aa) the achievement of the
metrics described in subclause
(I); and
(bb) mitigating identified
instances of environmental
injustice;
(iii) a description of the participation by
the Federal agency in interagency
collaboration;
(iv) responses to recommendations submitted
by members of the public to the Federal agency
relating to the environmental justice strategy
of the Federal agency and the implementation by
the Federal agency of this Act; and
(v) any updates or revisions to the
environmental justice strategy of the Federal
agency, including those resulting from public
comments.
(4) Public participation.--Each Federal agency shall--
(A) ensure that meaningful opportunities exist for
the public to submit comments and recommendations
relating to the environmental justice strategy,
progress reports, and ongoing efforts of the Federal
agency to incorporate environmental justice principles
into the programs, policies, and activities of the
Federal agency;
(B) hold public meetings or otherwise solicit
public participation and community-based science from
populations of color, communities of color, indigenous
communities, and low-income communities for fact-
finding, receiving public comments, and conducting
inquiries concerning environmental justice; and
(C) prepare for public review and publish a summary
of the comments and recommendations provided.
(5) Access to information.--Each Federal agency shall--
(A) publish public documents, notices, and hearings
relating to the programs, policies, and activities of
the Federal agency that affect human health or the
environment; and
(B) translate and publish any public documents,
notices, and hearings relating to an action of the
Federal agency as appropriate for the affected
population, specifically in any case in which a limited
English-speaking population may be disproportionately
affected by that action.
(6) Codification of guidance.--
(A) Council on environmental quality.--
Notwithstanding any other provision of law, sections II
and III of the guidance issued by the Council on
Environmental Quality entitled ``Environmental Justice
Guidance Under the National Environmental Policy Act''
and dated December 10, 1997, are enacted into law.
(B) Environmental protection agency.--
Notwithstanding any other provision of law, the
guidance issued by the Environmental Protection Agency
entitled ``EPA Policy on Consultation and Coordination
with Indian Tribes: Guidance for Discussing Tribal
Treaty Rights'' and dated February 2016 is enacted into
law.
(b) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental or human health
research, include diverse segments of the population in
epidemiological and clinical studies, including
segments at high risk from environmental hazards, such
as--
(i) populations of color, communities of
color, indigenous communities, populations with
low income, and low-income communities;
(ii) fenceline communities; and
(iii) workers who may be exposed to
substantial environmental hazards;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures;
and
(C) actively encourage and solicit community-based
science, and provide to populations of color,
communities of color, indigenous communities,
populations with low income, and low-income communities
the opportunity to comment regarding the development
and design of research strategies carried out pursuant
to this Act.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
Privacy Act)), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, or income; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally high and adverse human
health or environmental effects on populations of
color, communities of color, indigenous communities,
and low-income communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency strategies
under subsection (a)(3), each Federal agency, to the maximum
extent practicable and permitted by applicable law, shall
collect, maintain, and analyze information relating to the
race, national origin, and income level, and other readily
accessible and appropriate information, for fenceline
communities in proximity to any facility or site expected to
have a substantial environmental, human health, or economic
effect on the surrounding populations, if the facility or site
becomes the subject of a substantial Federal environmental
administrative or judicial action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for fenceline
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11001 et seq.), as required by
Executive Order 12898 (42 U.S.C. 4321 note); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(c) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(d) Mapping and Screening Tool.--The Administrator shall continue
to make available to the public an environmental justice mapping and
screening tool (such as EJScreen or an equivalent tool) that includes,
at a minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(e) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(f) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local,
and Tribal governments.
SEC. 605. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The establishment by the Administrator on
September 30, 1993, by charter pursuant to the Federal Advisory
Committee Act (5 U.S.C. App.) of the National Environmental Justice
Advisory Council (referred to in this section as the ``Advisory
Council'') is enacted into law.
(b) Duties.--The Advisory Council may carry out such duties as were
carried out by the Advisory Council on the day before the date of
enactment of this Act, subject to modification by the Administrator, by
regulation.
(c) Membership; Subcommittees; Workgroups; Duties.--
(1) Membership.--The Advisory Council shall be comprised of
26 members who have knowledge of, or experience relating to,
the effect of environmental conditions on communities of color,
low-income communities, and Tribal and indigenous communities,
including--
(A) representatives of--
(i) community-based organizations that
carry out initiatives relating to environmental
justice, including grassroots organizations led
by people of color;
(ii) State governments, Tribal Governments,
and local governments;
(iii) Indian Tribes and other indigenous
groups;
(iv) nongovernmental and environmental
organizations; and
(v) private sector organizations (including
representatives of industries and businesses);
and
(B) experts in the fields of--
(i) socioeconomic analysis;
(ii) health and environmental effects;
(iii) exposure evaluation;
(iv) environmental law and civil rights
law; and
(v) environmental health science research.
(2) Subcommittees; workgroups.--
(A) Establishment.--The Advisory Council may
establish any subcommittee or workgroup to assist the
Advisory Council in carrying out any duty of the
Advisory Council described in paragraph (3).
(B) Report.--Upon the request of the Advisory
Council, each subcommittee or workgroup established by
the Advisory Council under subparagraph (A) shall
submit to the Advisory Council a report that contains--
(i) a description of each recommendation of
the subcommittee or workgroup; and
(ii) any advice requested by the Advisory
Council with respect to any duty of the
Advisory Council.
(3) Duties.--The Advisory Council shall provide independent
advice and recommendations to the Environmental Protection
Agency with respect to issues relating to environmental
justice, including advice--
(A) to help develop, facilitate, and conduct
reviews of the direction, criteria, scope, and adequacy
of the scientific research and demonstration projects
of the Environmental Protection Agency relating to
environmental justice;
(B) to improve participation, cooperation, and
communication with respect to such issues--
(i) within the Environmental Protection
Agency; and
(ii) between, and among, the Environmental
Protection Agency and Federal agencies, State
and local governments, Indian Tribes,
environmental justice leaders, interest groups,
and the public;
(C) requested by the Administrator to help improve
the response of the Environmental Protection Agency in
securing environmental justice for communities of
color, low-income communities, and Tribal and
indigenous communities; and
(D) on issues relating to--
(i) the developmental framework of the
Environmental Protection Agency with respect to
the integration by the Environmental Protection
Agency of socioeconomic programs into the
strategic planning, annual planning, and
management accountability of the Environmental
Protection Agency to achieve environmental
justice results throughout the Environmental
Protection Agency;
(ii) the measurement and evaluation of the
progress, quality, and adequacy of the
Environmental Protection Agency in planning,
developing, and implementing environmental
justice strategies, project, and programs;
(iii) any existing and future information
management systems, technologies, and data
collection activities of the Environmental
Protection Agency (including recommendations to
conduct analyses that support and strengthen
environmental justice programs in
administrative and scientific areas);
(iv) the administration of grant programs
relating to environmental justice assistance;
and
(v) education, training, and other outreach
activities conducted by the Environmental
Protection Agency relating to environmental
justice.
(d) Designated Federal Officer.--The Director of the Office of
Environmental Justice of the Environmental Protection Agency is
designated as the Federal officer required under section 10(e) of the
Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory
Council.
(e) Meetings.--
(1) In general.--The Advisory Council shall meet not less
frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Advisory Council
shall be held open to the public.
(3) Designated federal officer.--The designated Federal
officer described in subsection (d) (or a designee) shall--
(A) be present at each meeting of the Advisory
Council;
(B) ensure that each meeting is conducted in
accordance with an agenda approved in advance by the
designated Federal officer;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each
meeting of the Advisory Council; or
(ii) to make statements at such a meeting,
to the extent that time permits;
(D) ensure that a representative of the Working
Group and a high-level representative from each
regional office of the Environmental Protection Agency
are invited to, and encouraged to attend, each meeting
of the Advisory Council; and
(E) provide technical assistance to States seeking
to establish State-level environmental justice advisory
councils or implement other environmental justice
policies or programs.
(f) Responses From Administrator.--
(1) Public comment inquiries.--The Administrator shall
provide a written response to each inquiry submitted to the
Administrator by a member of the public before or after each
meeting of the Advisory Council by not later than 120 days
after the date of submission.
(2) Recommendations from advisory council.--The
Administrator shall provide a written response to each
recommendation submitted to the Administrator by the Advisory
Council by not later than 120 days after the date of
submission.
(g) Travel Expenses.--A member of the Advisory Council may be
allowed travel expenses, including per diem in lieu of subsistence, at
such rate as the Administrator determines to be appropriate while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
(h) Duration.--The Advisory Council shall remain in existence
unless otherwise provided by law.
SEC. 606. REDUCING DISPROPORTIONATE IMPACTS OF POLLUTION ON
ENVIRONMENTAL JUSTICE COMMUNITIES.
(a) Definitions.--Section 501 of the Clean Air Act (42 U.S.C. 7661)
is amended--
(1) in the matter preceding paragraph (1), by striking ``As
used in this title--'' and inserting ``In this title:'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Overburdened census tract.--The term `overburdened
census tract' means a census tract that--
``(A) has been identified within the National Air
Toxics Assessment published by the Administrator as
having a greater than 100 in 1,000,000 total cancer
risk; or
``(B) has been determined to have an annual mean
concentration of PM<INF>2.5</INF> of greater than 8
micrograms per cubic meter, as determined over the most
recent 3-year period for which data are available.''.
(b) Permit Programs.--Section 502 of the Clean Air Act (42 U.S.C.
7661a) is amended--
(1) in subsection (a), in the first sentence, by striking
``parts (C) or (D)'' and inserting ``part (C) or (D)''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) in the first sentence, by striking
``The Administrator'' and inserting ``Except
for the requirements described in paragraphs
(11) and (12), the Administrator''; and
(ii) in the second sentence, by striking
``These'' and inserting ``For the requirements
described in paragraphs (11) and (12), the
Administrator shall promulgate the regulations
required by those paragraphs as soon as
practicable after the date of enactment of the
CLEAN Future Act. Those'';
(B) in paragraph (3)(B)(i), by striking
``subparagraphs (ii) through (v) of this subparagraph''
and inserting ``clauses (ii) through (v)'';
(C) in paragraph (10), in the matter before the
proviso, by striking ``total emissions:'' and inserting
``total emissions):''; and
(D) by adding at the end the following:
``(11) After the date of enactment of the CLEAN Future Act,
no permit shall be granted by a permitting authority for a
proposed major source that would be located in an overburdened
census tract.
``(12) After January 1, 2025, no permit for a major source
in an overburdened census tract shall be renewed.''.
(c) List of Overburdened Census Tracts.--
(1) In general.--Title V of the Clean Air Act (42 U.S.C.
7661 et seq.) is amended by adding at the end the following:
``SEC. 508. LIST OF OVERBURDENED CENSUS TRACTS.
``(a) In General.--Not later than 30 days after the date of
enactment of this section, the Administrator shall publish in the
Federal Register a list of overburdened census tracts.
``(b) Update.--On an annual basis, the Administrator shall update
the list under subsection (a) based on the most recently available
modeling and monitoring data.''.
(2) Clerical amendment.--The table of contents for title V
of the Clean Air Act is amended by adding after the item
relating to section 507 the following:
``Sec. 508. List of overburdened census tracts.''.
SEC. 607. ENSURING ENVIRONMENTAL JUSTICE IN THE DISPOSAL OF HAZARDOUS
WASTE.
Section 3006 of the Solid Waste Disposal Act (42 U.S.C. 6926) is
amended by adding at the end the following new subsection:
``(i) Environmental Justice.--
``(1) Authorization.--The Administrator may not authorize a
State to administer and enforce a hazardous waste program under
this section unless the Administrator determines that the State
hazardous waste program does not create or exacerbate
disproportionately high or adverse health or environmental
effects on populations of color, communities of color,
indigenous communities, or low-income communities.
``(2) Revised guidelines.--Not later than 1 year after the
date of enactment of this subsection, the Administrator shall
revise the guidelines issued pursuant to subsection (a) for
purposes of carrying out paragraph (1) of this subsection.
``(3) Revised state application.--Any State which has,
prior to the date of enactment of this subsection, received
authorization pursuant to subsection (b) to administer and
enforce a hazardous waste program may submit a revised
application in accordance with such subsection to demonstrate
that the applicable State hazardous waste program does not
create or exacerbate disproportionately high or adverse health
or environmental effects on populations of color, communities
of color, indigenous communities, or low-income communities.
``(4) Definitions.--In this subsection:
``(A) The term `community of color' has the meaning
given that term in section 601 of the CLEAN Future Act.
``(B) The term `indigenous community' has the
meaning given that term in section 601 of the CLEAN
Future Act.
``(C) The term `low income' has the meaning given
that term in section 601 of the CLEAN Future Act.
``(D) The term `low-income community' has the
meaning given that term in section 601 of the CLEAN
Future Act.
``(E) The term `population of color' has the
meaning given that term in section 601 of the CLEAN
Future Act.''.
SEC. 608. HAZARDOUS RELEASE COMMUNITY NOTIFICATION.
(a) Emergency Notification Meeting.--Section 304(b) of the
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11004(b)) is amended by adding at the end the following new paragraph:
``(3) Public meeting.--Not later than 72 hours after a
release which requires notice under subsection (a), the owner
or operator of the applicable facility shall--
``(A) publish a notice in a local newspaper, with
at least 24 hours notice, of a public meeting,
including--
``(i) the date of such meeting;
``(ii) the time of such meeting; and
``(iii) the location of such meeting; and
``(B) hold such meeting, providing, consistent with
section 322, the information required under paragraph
(2), to the extent such information is known at the
time of the meeting and so long as no delay in
responding to the emergency results.''.
(b) Annual Public Meeting.--Subtitle A of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) is
amended by adding at the end the following new section:
``SEC. 306. ANNUAL PUBLIC MEETING.
``Not later than 1 year after the date of enactment of this
section, and annually thereafter, the owner or operator of a facility
subject to the requirements of this subtitle shall--
``(1) publish a notice in a local newspaper, at least 7
days in advance, of a public meeting, including--
``(A) the date of such meeting;
``(B) the time of such meeting; and
``(C) the location of such meeting; and
``(2) hold such meeting, providing, consistent with section
322--
``(A) the chemical name of each substance on the
list published under section 302(a) that was present at
such facility, in an amount in excess of the threshold
planning quantity established for such substance under
such section, at any time in the preceding calendar
year;
``(B) an estimate of the maximum amount of each
such substance present at such facility during the
preceding calendar year; and
``(C) the details of the methods and procedures to
be followed to respond to a release of such a substance
pursuant to the applicable emergency plan prepared
under section 303(c).''.
(c) Enforcement.--Section 325(c)(1) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11045(c)(1)) is amended
by striking ``section 312'' and inserting ``section 306, 312,''.
(d) Clerical Amendment.--The table of contents in section 300(b) of
the Emergency Planning and Community Right-To-Know Act of 1986 is
amended by adding after the item relating to section 305 the following:
``Sec. 306. Annual public meeting.''.
SEC. 609. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) In General.--The Administrator shall continue to carry out the
Environmental Justice Small Grants Program and the Environmental
Justice Collaborative Problem-Solving Cooperative Agreement Program, as
those programs are in existence on the date of enactment of this Act.
(b) Care Grants.--The Administrator shall continue to carry out the
Community Action for a Renewed Environment grant programs I and II, as
in existence on January 1, 2012.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the programs described in subsections (a) and
(b) $50,000,000 for each of fiscal years 2022 through 2031.
SEC. 610. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE DISPOSAL
TECHNICAL ASSISTANCE GRANTS.
(a) Grants.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C.
6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE
GRANTS.
``(a) In General.--The Administrator may award grants to eligible
entities to enable such entities to participate in decisions impacting
the health and safety of their communities relating to the permitting
or permit renewal of a solid waste disposal facility or hazardous waste
facility.
``(b) Timing.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to apply
for a grant under this section, including the required content
and form of applications, the manner in which applications must
be submitted, and any applicable deadlines.
``(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
``(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who reside in a
community that--
``(1) is a population of color, a community of color, an
indigenous community, or a low-income community; and
``(2) is in close proximity to a facility described in
subsection (a) for which a decision relating to a permit or
permit renewal for such facility is required.
``(d) Use of Funds.--An eligible entity receiving a grant under
this section shall use the grant to participate in decisions impacting
the health and safety of the community involved that are related to the
permitting or permit renewal of a solid waste disposal facility or
hazardous waste facility, including--
``(1) interpreting information with regard to--
``(A) cumulative impacts studies;
``(B) health impacts studies;
``(C) relevant agency decisions; and
``(D) operation and maintenance of necessary
monitors; and
``(2) performing environmental monitoring.
``(e) Limitations on Amount; Renewal.--
``(1) Amount.--
``(A) In general.--The amount of a grant under this
section (excluding any renewals of the grant) may not
exceed $50,000 for any grant recipient.
``(B) Exception.--The Administrator may waive the
limitation in subparagraph (A) with respect to an
applicant in any case where the Administrator
determines that such waiver is necessary for the
community involved to obtain the necessary technical
assistance.
``(2) Renewal.--Grants may be renewed for each step in the
process for the permitting or permit renewal of a solid waste
disposal facility or hazardous waste facility.
``(f) Definitions.--In this section:
``(1) The term `community of color' has the meaning given
that term in section 601 of the CLEAN Future Act.
``(2) The term `indigenous community' has the meaning given
that term in section 601 of the CLEAN Future Act.
``(3) The term `low income' has the meaning given that term
in section 601 of the CLEAN Future Act.
``(4) The term `population of color' has the meaning given
that term in section 601 of the CLEAN Future Act.''.
(b) Clerical Amendment.--The table of contents for the Solid Waste
Disposal Act is amended by adding after the item relating to section
4010 the following:
``Sec. 4011. Environmental justice community technical assistance
grants.''.
SEC. 611. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date of
enactment of this Act, each employee of the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and
the National Oceanic and Atmospheric Administration shall complete an
environmental justice training program to ensure that each such
employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental
justice concepts into the daily activities of the
employee; and
(B) increasing the meaningful participation of
individuals from environmental justice communities in
the activities of the applicable agency.
(b) Mandatory Participation.--Effective on the date that is 1 year
after the date of enactment of this Act, each individual hired by the
Department of Energy, the Environmental Protection Agency, the
Department of the Interior, and the National Oceanic and Atmospheric
Administration after that date shall be required to participate in
environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the Working Group, not later than 30 days after
the date on which an individual is appointed to the position of
environmental justice coordinator, or any other position the
responsibility of which involves the conduct of environmental
justice activities, the individual shall be required to possess
documentation of the completion by the individual of
environmental justice training.
(2) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the Working Group shall evaluate
the training programs of such Federal agency to determine if
such Federal agency has improved the rate of training of the
employees of such Federal agency to ensure that each employee
has received environmental justice training.
SEC. 612. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a basic
training program, in coordination and consultation with nongovernmental
environmental justice organizations, to increase the capacity of
residents of environmental justice communities to identify and address
disproportionately adverse human health or environmental effects by
providing culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the
detection, assessment, and evaluation of the effects of
hazardous substances on human health;
(B) methods to assess the risks to human health
presented by hazardous substances;
(C) methods and technologies to detect hazardous
substances in the environment;
(D) basic biological, chemical, and physical
methods to reduce the quantity and toxicity of
hazardous substances;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate
impacts and discrimination, including--
(i) laws adopted to protect human health
and the environment; and
(ii) section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-1);
(F) public engagement opportunities through the
policies and laws described in subparagraph (E);
(G) materials available on the Clearinghouse
described in section 613;
(H) methods to expand access to parks and other
natural and recreational amenities; and
(I) finding and applying for Federal grants related
to environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity to
hazardous substances to provide--
(A) education relating to--
(i) the proper manner to handle hazardous
substances;
(ii) the management of facilities at which
hazardous substances are located (including
facility compliance protocols); and
(iii) the evaluation of the hazards that
facilities described in clause (ii) pose to
human health; and
(B) training on environmental and occupational
health and safety with respect to the public health and
engineering aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator may
provide grants to, or enter into any contract or cooperative
agreement with, an eligible entity to carry out any training or
educational activity described in subsection (a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an accredited
institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the
detection, assessment, evaluation, or treatment of
hazardous waste;
(D) any owner or operator of a facility at which
hazardous substances are located; or
(E) any State government, Tribal Government, or
local government.
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall develop and publish in the Federal Register
a plan to carry out the basic training program established
under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of
each activity described in subsection (a); and
(B) a description of research and training relevant
to environmental justice issues of communities
adversely affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representatives
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing--
(A) the implementation of the basic training
program established under subsection (a); and
(B) the impact of the basic training program on
improving training opportunities for residents of
environmental justice communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2031.
SEC. 613. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a public
internet-based clearinghouse, to be known as the Environmental Justice
Clearinghouse.
(b) Contents.--The Clearinghouse shall be comprised of culturally
and linguistically appropriate materials related to environmental
justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand and
carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by people
of color, that address issues relating to environmental justice
at the local, State, and Federal levels (with particular
emphasis given to nonprofit and community-based organizations
that possess the capability to provide advice or technical
assistance to environmental justice communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources available
to help address the disproportionate burden of adverse human
health or environmental effects on environmental justice
communities.
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing academic and
community-based organizations who have expertise in issues relating to
environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 614. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Administrator shall hold
public meetings on environmental justice issues in each region of the
Environmental Protection Agency to gather public input with respect to
the implementation and updating of environmental justice strategies and
efforts of the Environmental Protection Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in subsection (a),
shall to the extent practicable hold multiple meetings in environmental
justice communities in each region to provide meaningful community
involvement opportunities.
(c) Notice.--Notice for the meetings described in subsections (a)
and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice
organizations;
(E) homeowners', tenants', and neighborhood watch
groups;
(F) local and Tribal Governments;
(G) rural cooperatives;
(H) business and trade organizations;
(I) community and social service organizations;
(J) universities, colleges, and vocational schools;
(K) labor organizations;
(L) civil rights organizations;
(M) senior citizens' groups; and
(N) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The Administrator
shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make available
translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill any
condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document is
voluntary.
(e) Required Attendance of Certain Employees.--In holding a public
meeting under subsection (a), the Administrator shall ensure that at
least 1 employee of the Environmental Protection Agency at the level of
Assistant Administrator is present at the meeting to serve as a
representative of the Environmental Protection Agency.
SEC. 615. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, AND TRIBAL GRANT
PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in
paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services, to
reduce the disproportionate health impacts of environmental
pollution in the environmental justice community at which the
eligible entity proposes to conduct an activity that is the
subject of the application described in paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
(A) an outline describing the means by which the
project proposed by the eligible entity will--
(i) with respect to environmental and
public health issues at the local level,
increase the understanding of the environmental
justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the
environmental justice community to address each
issue described in clause (i);
(iii) facilitate collaboration and
cooperation among various stakeholders
(including members of the environmental justice
community); and
(iv) support the ability of the
environmental justice community to proactively
plan and implement just sustainable community
development and revitalization initiatives,
including countering displacement and
gentrification;
(B) a proposed budget for each activity of the
project that is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible
entity may leverage the funds of the eligible entity,
or the funds made available through a grant under this
subsection, to develop a project that is capable of
being sustained beyond the period of the grant; and
(E) a description of the ways by which the eligible
entity is linked to, and representative of, the
environmental justice community at which the eligible
entity will conduct the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative
partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing the ways by which the
grant program under this subsection has helped
community-based nonprofit organizations address issues
relating to environmental justice.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2022 through 2031.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in the State, including reducing economic
vulnerabilities that result in the environmental
justice communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a State shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a State shall
demonstrate to the Administrator that the State has the
ability to continue each program that is the subject of
funds provided through a grant under paragraph (1)
after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
State to address environmental justice issues;
and
(iii) the activities carried out by each
State to reduce or eliminate disproportionately
adverse human health or environmental effects
on environmental justice communities in the
State.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2022 through 2031.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Tribal Governments to enable the Indian Tribes--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in Tribal and indigenous communities,
including reducing economic vulnerabilities that result
in the Tribal and indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a Tribal Government shall submit
to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice in Tribal and indigenous communities;
and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the Tribal Government allocates for
initiatives relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a Tribal
Government shall demonstrate to the Administrator that
the Tribal Government has the ability to continue each
program that is the subject of funds provided through a
grant under paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
Indian Tribe to address environmental justice
issues; and
(iii) the activities carried out by each
Tribal Government to reduce or eliminate
disproportionately adverse human health or
environmental effects on applicable
environmental justice communities in Tribal and
indigenous communities.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2022 through 2031.
(d) Community-Based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based participatory
research--
(A) to address issues relating to environmental
justice;
(B) to improve the environment of residents and
workers in environmental justice communities; and
(C) to improve the health outcomes of residents and
workers in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership comprised of--
(A) an accredited institution of higher education;
and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall submit to
the Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(A) a detailed description of the partnership of
the eligible entity that, as determined by the
Administrator, demonstrates the participation of
members of the community at which the eligible entity
proposes to conduct the research; and
(B) a description of--
(i) the project proposed by the eligible
entity; and
(ii) the ways by which the project will--
(I) address issues relating to
environmental justice;
(II) assist in the improvement of
health outcomes of residents and
workers in environmental justice
communities; and
(III) assist in the improvement of
the environment of residents and
workers in environmental justice
communities.
(4) Public availability.--The Administrator shall make the
results of the grants available provided under this subsection
to the public, including by posting on the website of the
Environmental Protection Agency a copy of the grant awards and
an annual report at the beginning of each fiscal year
describing the research findings associated with each grant
provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2022 through 2031.
SEC. 616. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE ENVIRONMENTAL
STRESSORS.
(a) Proposed Protocol.--Not later than 180 days after the date of
enactment of this section, the Administrator, in consultation with the
Advisory Council, shall publish a proposal for a protocol for assessing
and addressing the cumulative public health risks associated with
multiple environmental stressors. The Administrator shall allow 90 days
for public comment on such proposal. The environmental stressors
addressed under such proposal shall include--
(1) impacts associated with global climate change,
including extreme heat, extremes in temperature change,
drought, wildfires, sea level rise, flooding, storms, water
shortage, food shortage, ecosystem disruption, and the spread
of infectious disease;
(2) exposure to pollutants, emissions, discharges, waste,
chemicals, or other materials subject to regulation under the
Clean Air Act, the Federal Water Pollution Control Act, the
Safe Drinking Water Act, the Toxic Substances Control Act, the
Solid Waste Disposal Act, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, the
Emergency Planning and Community Right-to-Know Act of 1986, and
other laws administered by the Administrator; and
(3) other environmental stressors determined by the
Administrator to impact public health.
(b) Final Protocol.--Not later than 1 year after the enactment of
this section, the Administrator shall publish the final protocol for
assessing and addressing the cumulative public health risks associated
with multiple environmental stressors.
(c) Implementation.--Not later than 3 years after the enactment of
this section, the Administrator shall implement the protocol described
under subsection (b).
SEC. 617. CLIMATE JUSTICE GRANT PROGRAM.
(a) Establishment.--The Administrator shall establish a program
under which the Administrator shall provide grants to eligible entities
to assist the eligible entities in--
(1) building capacity to address issues relating to climate
justice; and
(2) carrying out any activity described in subsection (d).
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an eligible entity shall be a Tribal government, local
government, or nonprofit, community-based organization.
(c) Application.--To be eligible to receive a grant under
subsection (a), an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
(1) an outline describing the means by which the project
proposed by the eligible entity will--
(A) with respect to climate justice issues at the
local level, increase the understanding of the
environmental justice community at which the eligible
entity will conduct the project;
(B) improve the ability of the environmental
justice community to address each issue described in
subparagraph (A);
(C) facilitate collaboration and cooperation among
various stakeholders (including members of the
environmental justice community); and
(D) support the ability of the environmental
justice community to proactively plan and implement
climate justice initiatives;
(2) a proposed budget for each activity of the project that
is the subject of the application;
(3) a list of proposed outcomes with respect to the
proposed project;
(4) a description of the ways by which the eligible entity
may leverage the funds of the eligible entity, or the funds
made available through a grant under this subsection, to
develop a project that is capable of being sustained beyond the
period of the grant; and
(5) a description of the ways by which the eligible entity
is linked to, and representative of, the environmental justice
community at which the eligible entity will conduct the
project.
(d) Use of Funds.--An eligible entity may only use a grant under
this subsection to carry out culturally and linguistically appropriate
projects and activities that are driven by the needs, opportunities,
and priorities of the environmental justice community at which the
eligible entity proposes to conduct the project or activity to address
climate justice concerns of the environmental justice community,
including activities--
(1) to create or develop collaborative partnerships;
(2) to educate and provide outreach services to the
environmental justice community on climate justice;
(3) to identify and implement projects to address climate
justice concerns, including community solar and wind energy
projects, energy efficiency, home and building electrification,
home and building weatherization, energy storage, solar and
wind energy supported microgrids, battery electric vehicles,
electric vehicle charging infrastructure, natural
infrastructure, and climate resilient infrastructure.
(e) Limitations on Amount.--The amount of a grant under this
section may not exceed $2,000,000 for any grant recipient.
(f) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representatives
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing the
ways by which the grant program under this subsection has
helped eligible entities address issues relating to energy and
climate justice.
(2) Public availability.--The Administrator shall make each
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subsection $1,000,000,000 for each of
fiscal years 2022 through 2031. The Administrator may not use more than
2 percent of the amount appropriated for each fiscal year for
administrative expenses, including outreach and technical assistance to
eligible entities.
SEC. 618. OFFICE OF ENERGY EQUITY.
(a) In General.--Title II of the Department of Energy Organization
Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the
following:
``SEC. 218. OFFICE OF ENERGY EQUITY.
``(a) Establishment.--There is established within the Department an
Office of Energy Equity (referred to in this section as the `Office').
The Office shall be headed by a Director, who shall be appointed by the
Secretary and compensated at a rate equal to that of level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
``(b) Duties of the Director.--The Director, in accordance with
Executive Order 12898 (42 U.S.C. 4321 note) and the purposes of this
Act, shall provide, direct, foster, coordinate, and implement energy
planning, education, management, conservation, and delivery programs of
the Department that--
``(1) promote an agency-wide environmental justice strategy
and interagency collaboration;
``(2) reduce or stabilize energy costs within underserved
or disadvantaged communities; and
``(3) increase the availability of energy conservation
measures within underserved or disadvantaged communities.
``(c) Definitions.--In this section:
``(1) Energy conservation measures.--The term `energy
conservation measures' means measures that improve energy
efficiency, energy conservation, or access to renewable energy
sources, including retrofit activities.
``(2) Community of color; population of color; low-income
community.--The terms `community of color', `population of
color', and `low-income community' have the meanings given
those terms in section 601 of the CLEAN Future Act.
``(3) Underserved or disadvantaged community.--The term
`underserved or disadvantaged community' means--
``(A) a community located in a ZIP Code that
includes a census tract that is identified as--
``(i) a low-income community;
``(ii) a community of color; or
``(iii) a population of color; or
``(B) any other community that the Secretary
determines is disproportionately vulnerable to, or
bears a disproportionate burden of, any combination of
economic, social, and environmental stressors.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2022 through 2031.''.
(b) Conforming Amendment.--The table of contents of the Department
of Energy Organization Act is amended by inserting after the item
relating to section 217 the following:
``Sec. 218. Office of Energy Equity.''.
Subtitle B--Restoring Regulatory Protections
SEC. 621. ENHANCING UNDERGROUND INJECTION CONTROLS FOR ENHANCED OIL
RECOVERY.
Section 1426 of the Safe Drinking Water Act (42 U.S.C. 300h-5) is
amended--
(1) by striking ``(a) Not later than'' and inserting the
following:
``(a) Monitoring for Class I Wells.--Not later than''; and
(2) by adding at the end the following new subsection:
``(b) Regulations for Class VII Wells.--
``(1) In general.--Not later than 1 year after the date of
enactment of the CLEAN Future Act, the Administrator shall
propose regulations for a new class of wells under this part
for enhanced oil recovery that includes sequestration of carbon
dioxide. The Administrator shall finalize such regulations not
later than 2 years after the date of enactment of the CLEAN
Future Act.
``(2) Requirements for the protection of underground
sources of drinking water.--The regulations promulgated
pursuant to paragraph (1) shall ensure the protection of
underground sources of drinking water from enhanced oil
recovery and include the following minimum requirements:
``(A) Site characterization, including
demonstration that the injection zone and confining
zone have sufficient properties to receive the volume
of injectate and contain the volumes of sequestered gas
and fluid.
``(B) Identification of all penetrations in the
area of review and corrective action as needed to
ensure all penetrations in the area of review have been
closed in a manner that prevents the movement of carbon
dioxide.
``(C) Design and construction that prevents the
movement of fluids into unauthorized zones and permits
continuous monitoring of the annulus between the tubing
and casing.
``(D) Testing and monitoring sufficient to ensure
that sequestration of carbon dioxide is operating as
permitted and is not endangering underground sources of
drinking water, including periodic monitoring of ground
water quality above the injection zone.
``(E) Postinjection site care and closure
sufficient to ensure no endangerment of underground
sources of drinking water.
``(3) Requirements for the mitigation of greenhouse gas
emissions.--
``(A) Percentages.--The regulations promulgated
pursuant to paragraph (1) shall require increasing net
sequestration of carbon dioxide, on a per-well basis,
in permitted wells, according to the following
schedule:
``(i) Net sequestration of 30 percent by
2025.
``(ii) Net sequestration of 50 percent by
2030.
``(iii) Net sequestration of 80 percent by
2035.
``(iv) Net sequestration of 100 percent by
2045.
``(v) Net sequestration of 110 percent by
2050.
``(B) Estimates.--The regulations promulgated
pursuant to paragraph (1) may allow estimates of net
sequestration of carbon dioxide to be based on modeling
or monitoring.
``(4) Transition of existing class ii wells.--The
regulations promulgated pursuant to paragraph (1) shall allow
for the transition of existing Class II wells to the class of
wells established pursuant to this subsection upon a showing
that such a well can meet the requirements of such regulations
relating to site characterization, penetrations, testing and
monitoring, and postinjection site care and closure.''.
SEC. 622. ENSURING SAFE DISPOSAL OF COAL ASH.
Section 4005(d) of the Solid Waste Disposal Act (42 U.S.C. 6945(d))
is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``after public notice and an
opportunity for public comment'' and inserting
``after public notice, an opportunity for
public comment, and an opportunity for a public
hearing'';
(ii) in clause (i), by striking ``; or''
and inserting ``; and''; and
(iii) by amending clause (ii) to read as
follows:
``(ii) the minimum requirements described
in paragraph (3).'';
(B) by amending subparagraph (C) to read as
follows:
``(C) Retention of state authority.--No State or
political subdivision may impose any requirement less
stringent than the requirements for coal combustion
residuals under part 257 of title 40, Code of Federal
Regulations (or successor regulations promulgated
pursuant to sections 1008(a)(3) and 4004(a)). Nothing
in this subsection shall be construed to prohibit any
State or political subdivision thereof from imposing
any requirements for coal combustion residuals that are
more stringent than those imposed by such
regulations.'';
(C) in subparagraph (D)--
(i) in clause (i)(I), by striking ``12''
and inserting ``5'';
(ii) in clause (ii)(II), by inserting
``clauses (i) and (ii) of'' before
``subparagraph (B)''; and
(iii) by adding at the end the following:
``(iii) Period for correction of
deficiencies.--The Administrator shall include
in a notice under clause (ii) a reasonable
period for the State to correct the
deficiencies identified under such clause,
which shall not exceed 120 days.''; and
(D) in subparagraph (E), by inserting ``by the end
of the period included in the notice under subparagraph
(D)(iii)'' after ``identified by the Administrator
under subparagraph (D)(ii)'';
(2) in paragraph (2)(B), by adding before the period at the
end ``and the minimum requirements described in paragraph
(3)'';
(3) by amending paragraph (3) to read as follows:
``(3) Minimum requirements.--In addition to requiring
compliance with the applicable criteria for coal combustion
residuals units under part 257 of title 40, Code of Federal
Regulations (or successor regulations promulgated pursuant to
sections 1008(a)(3) and 4004(a)), a permit program or other
system of prior approval and conditions approved or implemented
by the Administrator under this subsection shall, at a
minimum--
``(A) require meaningful (as defined in section 601
of the CLEAN Future Act) public participation in the
issuance and renewal of all permits or other prior
approvals, including notice, opportunity to comment,
and public hearings;
``(B) require financial assurance for all coal
combustion residuals units sufficient to cover closure
and corrective actions, with no allowance for self-
bonding;
``(C) prohibit the continued operation of unlined
impoundments, which shall include all coal combustion
residuals units that fail to meet the design criteria
for new impoundments pursuant to part 257 of title 40,
Code of Federal Regulations;
``(D) limit fugitive dust at coal combustion
residuals units and during closure and corrective
action to no more than 35 micrograms per square meter,
or another standard established by the Administrator
that will protect human health, including the health of
vulnerable or disproportionately exposed
subpopulations, and require air monitoring and public
reporting to ensure such standard is met;
``(E) require permit or other prior approval terms
that do not exceed 5 years;
``(F) require permits for closure and corrective
action, and deny any permit for closure that would
allow coal combustion residuals to remain--
``(i) in contact with ground water;
``(ii) in a location that does not meet the
requirements for new units under part 257 of
title 40, Code of Federal Regulations; or
``(iii) in a unit that fails to meet the
design criteria for new impoundments pursuant
to part 257 of title 40, Code of Federal
Regulations;
``(G) prohibit, as open dumping, the use of coal
combustion residuals in unencapsulated uses;
``(H) require a permit or other prior approval for
any coal combustion residuals unit that is located on
the premises of a coal-burning electric generating
facility and has not been closed pursuant to the
criteria in part 257 of title 40, Code of Federal
Regulations, without regard to when the unit ceased
accepting coal combustion residuals;
``(I) require ground water monitoring methods that
are sufficient to detect contaminants at levels defined
in applicable ground water protection standards;
``(J) require ground water monitoring for all
constituents listed in Appendix IV to part 257 of title
40, Code of Federal Regulations, and boron and
hexavalent chromium;
``(K) require corrective actions for all continuing
releases at a coal combustion residuals unit with a
permit or other prior approval under this subsection;
and
``(L) require corrective action beyond facility
boundaries, as needed to protect human health and the
environment, including the health of vulnerable or
disproportionately exposed subpopulations.'';
(4) in paragraph (5), by adding before the period at the
end ``and the minimum requirements described in paragraph
(3)''; and
(5) by adding at the end the following new paragraph:
``(8) Revision of regulations.--Not later than 2 years
after the date of enactment of this paragraph, the
Administrator shall finalize revisions to the criteria for coal
combustion residuals units under part 257 of title 40, Code of
Federal Regulations, to include any other criteria necessary to
protect human health and the environment, including the health
of vulnerable or disproportionately exposed subpopulations.''.
SEC. 623. SAFE HYDRATION IS AN AMERICAN RIGHT IN ENERGY DEVELOPMENT.
(a) In General.--Section 1421(b)(1) of the Safe Drinking Water Act
(42 U.S.C. 300h(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) shall prohibit the underground injection of fluids or
propping agents pursuant to hydraulic fracturing operations
related to oil, gas, or geothermal production activities unless
the person proposing to conduct the hydraulic fracturing
operations agrees to conduct testing and report data in
accordance with section 1421A.''.
(b) Testing and Reporting Requirements.--Part C of the Safe
Drinking Water Act is amended by inserting after section 1421 of such
Act (42 U.S.C. 300h) the following:
``SEC. 1421A. TESTING OF UNDERGROUND DRINKING WATER SOURCES IN
CONNECTION WITH HYDRAULIC FRACTURING OPERATIONS.
``(a) Requirements.--Regulations under section 1421(a) for State
underground injection control programs shall, in connection with the
underground injection of fluids or propping agents pursuant to
hydraulic fracturing operations related to oil, gas, or geothermal
production activities, require any person conducting such operations--
``(1) to conduct testing of underground sources of drinking
water in accordance with subsections (c) and (d)--
``(A) with respect to a site where, as of the date
of enactment of this section, underground injection has
not commenced for the first time--
``(i) prior to commencement of underground
injection at the site for the first time;
``(ii) at least once every 6 months during
the period beginning at the commencement of
underground injection described in clause (i)
and ending at the cessation of such hydraulic
fracturing operations; and
``(iii) at least once every 12 months
during the 5-year period following the end of
the period described in clause (ii);
``(B) with respect to a site where, as of the date
of enactment of this section, there is no active
underground injection, but underground injection has
previously occurred at the site--
``(i) prior to renewing underground
injection at the site;
``(ii) at least once every 6 months during
the period beginning at such renewal of
underground injection and ending at the
cessation of such hydraulic fracturing
operations; and
``(iii) at least once every 12 months
during the 5-year period following the end of
the period described in clause (ii); and
``(C) with respect to a site where, as of the date
of enactment of this section, such hydraulic fracturing
operations are occurring--
``(i) at least once every 6 months during
the period beginning on the date of enactment
of this section ending at the cessation of such
hydraulic fracturing operations; and
``(ii) at least once every 12 months during
the 5-year period following the end of the
period described in clause (i); and
``(2) to submit reports to the Administrator on the results
of testing under subparagraph (A), (B), or (C) of paragraph (1)
within 2 weeks of such testing.
``(b) Exception.--The testing and reporting requirements of
subsection (a) do not apply with respect to hydraulic fracturing
operations if there is no accessible underground source of drinking
water within a radius of one mile of the site where the operations
occur.
``(c) Sampling Locations.--Testing required pursuant to subsection
(a) shall occur--
``(1) at all accessible underground sources of drinking
water within a radius of one-half mile of the site where the
hydraulic fracturing operations occur; and
``(2) if there is no accessible underground source of
drinking water within such radius, at the nearest accessible
underground source of drinking water within a radius of one
mile of such site.
``(d) Testing.--Testing required pursuant to subsection (a) shall--
``(1) be conducted by one or more laboratories certified
pursuant to the Environmental Protection Agency's program for
certifying laboratories for analysis of drinking water
contaminants; and
``(2) include testing for any hazardous substance,
pollutant, contaminant, or other factor that the Administrator
determines would indicate damage associated with hydraulic
fracturing operations.
``(e) Database; Public Accessibility.--
``(1) Database.--The Administrator shall establish and
maintain a database of the results reported pursuant to
subsection (a)(2).
``(2) Public accessibility.--The Administrator shall make
such database publicly accessible on the website of the
Environmental Protection Agency.
``(3) Public searchability.--The Administrator shall make
such database searchable by ZIP Code, allowing members of the
public to easily identify all sites for which reports are
submitted pursuant to subsection (a)(2).
``(f) Definition.--In this section, the term `accessible
underground source of drinking water' means an underground source of
drinking water to which the person conducting the hydraulic fracturing
operations can reasonably gain access.''.
(c) Conforming Amendment.--Section 1421(d)(1)(B)(ii) of the Safe
Drinking Water Act (42 U.S.C. 300h(d)(1)(B)(ii)) is amended by
inserting ``except as provided in subsection (b)(1)(E) of this section
and section 1421A,'' before ``the underground injection of fluids or
propping agents (other than diesel fuels) pursuant to hydraulic
fracturing operations related to oil, gas, or geothermal production
activities''.
SEC. 624. ADDRESSING HAZARDOUS AIR POLLUTION FROM OIL AND GAS SOURCES.
(a) Repeal of Exemption for Aggregation of Emissions From Oil and
Gas Sources.--Section 112(n) of the Clean Air Act (42 U.S.C. 7412(n))
is amended by striking paragraph (4).
(b) Hydrogen Sulfide as a Hazardous Air Pollutant.--The
Administrator of the Environmental Protection Agency shall--
(1) not later than 180 days after the date of enactment of
this Act, issue a final rule adding hydrogen sulfide to the
list of hazardous air pollutants under section 112(b) of the
Clean Air Act (42 U.S.C. 7412(b)); and
(2) not later than 365 days after a final rule under
paragraph (1) is issued, revise the list under section 112(c)
of such Act (42 U.S.C. 7412(c)) to include categories and
subcategories of major sources and area sources of hydrogen
sulfide, including oil and gas wells.
SEC. 625. CLOSING LOOPHOLES AND ENDING ARBITRARY AND NEEDLESS EVASION
OF REGULATIONS.
(a) Identification or Listing, and Regulation Under Subtitle C.--
Paragraph (2) of section 3001(b) of the Solid Waste Disposal Act (42
U.S.C. 6921(b)) is amended to read as follows:
``(2) Not later than 1 year after the date of enactment of the
CLEAN Future Act, the Administrator shall--
``(A) determine whether drilling fluids, produced waters,
and other wastes associated with the exploration, development,
or production of crude oil, natural gas, or geothermal energy
meet the criteria promulgated under this section for the
identification or listing of hazardous waste;
``(B) identify or list as hazardous waste any drilling
fluids, produced waters, or other wastes associated with the
exploration, development, or production of crude oil, natural
gas, or geothermal energy that the Administrator determines,
pursuant to subparagraph (A), meet the criteria promulgated
under this section for the identification or listing of
hazardous waste; and
``(C) promulgate regulations under sections 3002, 3003, and
3004 for wastes identified or listed as hazardous waste
pursuant to subparagraph (B), except that the Administrator is
authorized to modify the requirements of such sections to take
into account the special characteristics of such wastes so long
as such modified requirements protect human health and the
environment.''.
(b) Regulation Under Subtitle D.--Section 4010(c) of the Solid
Waste Disposal Act (42 U.S.C. 6949a(c)) is amended by adding at the end
the following new paragraph:
``(7) Drilling fluids, produced waters, and other wastes
associated with the exploration, development, or production of
crude oil, natural gas, or geothermal energy.--Not later than 1
year after the date of enactment of the CLEAN Future Act, the
Administrator shall promulgate revisions of the criteria
promulgated under section 4004(a) and under section 1008(a)(3)
for facilities that may receive drilling fluids, produced
waters, or other wastes associated with the exploration,
development, or production of crude oil, natural gas, or
geothermal energy, that are not identified or listed as
hazardous waste pursuant to section 3001(b)(2). The criteria
shall be those necessary to protect human health and the
environment and may take into account the practicable
capability of such facilities. At a minimum such revisions for
facilities potentially receiving such wastes should require
ground water monitoring as necessary to detect contamination,
establish criteria for the acceptable location of new or
existing facilities, and provide for corrective action and
financial assurance as appropriate.''.
Subtitle C--Infrastructure To Protect Communities
SEC. 631. CLIMATE IMPACTS FINANCIAL ASSURANCE AND USER FEES.
(a) Liability.--Section 101(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(1))
is amended by inserting ``and which has no plausible causal connection
to climate change and its effects'' after ``foresight''.
(b) Financial Responsibility.--Section 108 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9608) is amended--
(1) in subsection (c)(2), by striking ``subsection (b)''
and inserting ``subsection (b) or (e)''; and
(2) by adding at the end the following new subsection:
``(e)(1) Not later than 4 years after the date of enactment of the
CLEAN Future Act, the Administrator shall promulgate requirements that
classes of facilities establish and maintain evidence of financial
responsibility consistent with the degree and duration of risk
associated with impacts of climate change and extreme weather on those
facilities, including releases of hazardous substances caused by
climate change and extreme weather.
``(2) Not later than 2 years after the date of enactment of the
CLEAN Future Act, the Administrator shall identify those classes of
facilities for which requirements will first be developed and publish
notice of such identification in the Federal Register. Priority in the
development of such requirements shall be accorded to those classes of
facilities, owners, and operators which the Administrator determines
present the highest level of risk of injury because of climate change
and extreme weather.
``(3) The level of financial responsibility shall be initially
established, and, when necessary, adjusted to protect against the level
of risk which the Administrator in his discretion believes is
appropriate based on the payment experience of the Fund, commercial
insurers, courts settlements and judgments, and voluntary claims
satisfaction. To the maximum extent practicable, the Administrator
shall cooperate with and seek the advice of the commercial insurance
industry in developing financial responsibility requirements. Financial
responsibility may be established by any one, or any combination, of
the following: insurance, guarantee, surety bond, letter of credit, or
qualification as a self-insurer. In promulgating requirements under
this section, the Administrator is authorized to specify policy or
other contractual terms, conditions, or defenses which are necessary,
or which are unacceptable, in establishing such evidence of financial
responsibility in order to effectuate the purposes of this Act.
``(4) Regulations promulgated under this subsection shall
incrementally impose financial responsibility requirements as quickly
as can reasonably be achieved but in no event more than 4 years after
the date of promulgation. Where possible, the level of financial
responsibility which the Administrator believes appropriate as a final
requirement shall be achieved through incremental, annual increases in
the requirements.
``(5) Where a facility is owned or operated by more than one
person, evidence of financial responsibility covering the facility may
be established and maintained by one of the owners or operators, or, in
consolidated form, by or on behalf of two or more owners or operators.
When evidence of financial responsibility is established in a
consolidated form, the proportional share of each participant shall be
shown. The evidence shall be accompanied by a statement authorizing the
applicant to act for and in behalf of each participant in submitting
and maintaining the evidence of financial responsibility.
``(6) The requirements promulgated pursuant to paragraph (1) shall
provide to facilities the ability to reduce the level of financial
responsibility required by implementing measures that the Administrator
determines will reduce the degree and duration of risk associated with
the impacts of climate change and extreme weather on those facilities,
by reducing the likelihood and magnitude of potential releases of
hazardous substances caused by climate change and extreme weather.
``(7) The requirements promulgated pursuant to paragraph (1) shall
provide to facilities the ability to pay a user fee into the Hazardous
Substances Trust Fund in lieu of maintaining financial responsibility
under this section. Such user fee shall be set by the Administrator at
a level sufficient to address the level of risk identified by the
Administrator under paragraph (3).''.
SEC. 632. BROWNFIELDS FUNDING.
(a) Authorization of Appropriations.--Section 104(k)(13) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)(13)) is amended to read as follows:
``(13) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $350,000,000 for fiscal year 2022;
``(B) $400,000,000 for fiscal year 2023;
``(C) $450,000,000 for fiscal year 2024;
``(D) $500,000,000 for fiscal year 2025; and
``(E) $550,000,000 for each of fiscal years 2026
through 2031.''.
(b) State Response Programs.--Section 128(a)(3) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9628(a)(3)) is amended to read as follows:
``(3) Funding.--There are authorized to be appropriated to
carry out this subsection--
``(A) $70,000,000 for fiscal year 2022;
``(B) $80,000,000 for fiscal year 2023;
``(C) $90,000,000 for fiscal year 2024;
``(D) $100,000,000 for fiscal year 2025; and
``(E) $110,000,000 for each of fiscal years 2026
through 2031.''.
SEC. 633. DRINKING WATER SRF FUNDING.
(a) Funding.--
(1) State revolving loan funds.--Section 1452(m)(1) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking ``2021.'' and
inserting ``2021;''; and
(C) by adding at the end the following:
``(D) $4,140,000,000 for fiscal year 2022;
``(E) $4,800,000,000 for fiscal year 2023; and
``(F) $5,500,000,000 for each of fiscal years 2024
through 2031.''.
(2) Indian reservation drinking water program.--Section
2001(d) of America's Water Infrastructure Act of 2018 (Public
Law 115-270) is amended by striking ``2022'' and inserting
``2031''.
(3) Voluntary school and child care program lead testing
grant program.--Section 1464(d)(8) of the Safe Drinking Water
Act (42 U.S.C. 300j-24(d)(8)) is amended by striking ``and
2021'' and inserting ``through 2031''.
(4) Drinking water fountain replacement for schools.--
Section 1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
25(d)) is amended by striking ``2021'' and inserting ``2031''.
(5) Grants for state programs.--Section 1443(a)(7) of the
Safe Drinking Water Act (42 U.S.C. 300j-2(a)(7)) is amended by
striking ``and 2021'' and inserting ``through 2031''.
(b) American Iron and Steel Products.--Section 1452(a)(4)(A) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)(A)) is amended by
striking ``During fiscal years 2019 through 2023, funds'' and inserting
``Funds''.
SEC. 634. DRINKING WATER SYSTEM RESILIENCE FUNDING.
Section 1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)(6)) is amended--
(1) by striking ``25,000,000'' and inserting
``50,000,000''; and
(2) by striking ``2020 and 2021'' and inserting ``2022
through 2031''.
SEC. 635. PFAS TREATMENT GRANTS.
(a) Establishment of PFAS Infrastructure Grant Program.--Part E of
the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by
adding at the end the following new section:
``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a program
to award grants to affected community water systems to pay for capital
costs associated with the implementation of eligible treatment
technologies.
``(b) Applications.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the form and timing for community water
systems to apply for grants under this section.
``(2) Required information.--The Administrator shall
require a community water system applying for a grant under
this section to submit--
``(A) information showing the presence of PFAS in
water of the community water system; and
``(B) a certification that the treatment technology
in use by the community water system at the time of
application is not sufficient to remove all detectable
amounts of PFAS.
``(c) List of Eligible Treatment Technologies.--Not later than 150
days after the date of enactment of this section, and every 2 years
thereafter, the Administrator shall publish a list of treatment
technologies that the Administrator determines are effective at
removing all detectable amounts of PFAS from drinking water.
``(d) Priority for Funding.--In awarding grants under this section,
the Administrator shall prioritize affected community water systems
that--
``(1) serve a disadvantaged community;
``(2) will provide at least a 10-percent cost share for the
cost of implementing an eligible treatment technology; or
``(3) demonstrate the capacity to maintain the eligible
treatment technology to be implemented using the grant.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section not more than $500,000,000 for each
of the fiscal years 2022 through 2031.
``(2) Special rule.--Of the amounts authorized to be
appropriated by paragraph (1), $25,000,000 are authorized to be
appropriated for each of fiscal years 2022 and 2023 for grants
under subsection (a) to pay for capital costs associated with
the implementation of eligible treatment technologies during
the period beginning on October 1, 2014, and ending on the date
of enactment of this section.
``(f) Definitions.--In this section:
``(1) Affected community water system.--The term `affected
community water system' means a community water system that is
affected by the presence of PFAS in the water in the community
water system.
``(2) Disadvantaged community.--The term `disadvantaged
community' has the meaning given that term in section 1452.
``(3) Eligible treatment technology.--The term `eligible
treatment technology' means a treatment technology included on
the list published under subsection (c).''.
(b) Definition.--
Section 1401 of the Safe Drinking Water Act (42 U.S.C.
300f) is amended by adding at the end the following:
``(17) PFAS.--The term `PFAS' means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom.''.
SEC. 636. NATIONAL PRIORITIES LIST CLEANUP.
(a) List.--
(1) In general.--Not later than 6 months after the date of
enactment of this section, the Administrator of the
Environmental Protection Agency shall create and publish in the
Federal Register a list of each Federal site and facility that
is included in the National Priorities List (published pursuant
to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605)) that
is vulnerable to climate change.
(2) Considerations.--In creating and publishing the list
under paragraph (1), the Administrator of the Environmental
Protection Agency shall consider the information provided in
the document published by the Office of Solid Waste and
Emergency Response titled ``Climate Change Adaptation
Implementation Plan'' (June, 2014).
(b) Cleanup.--
(1) In general.--The President shall direct such Federal
agencies that the President determines appropriate to take
response actions under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) at each site and facility included in the list
created and published under subsection (a)(1).
(2) Deadline.--Any response action taken at a site or
facility under paragraph (1) shall be completed by the date
that is 10 years after the date of enactment of this section.
SEC. 637. LEAD SERVICE LINE REPLACEMENT.
(a) In General.--Section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) is amended by adding at the end the following:
``(u) Lead Service Line Replacement.--
``(1) In general.--In addition to the capitalization grants
to eligible States under subsection (a)(1), the Administrator
shall offer to enter into agreements with eligible States,
Indian Tribes, and the territories described in subsection (j)
to make capitalization grants, including letters of credit, to
such States, Indian Tribes, and territories under this
subsection to fund the replacement of lead service lines.
``(2) Allotments.--
``(A) States.--Funds made available under this
subsection shall be allotted and reallotted to the
extent practicable, to States as if allotted or
reallotted under subsection (a)(1) as a capitalization
grant under such subsection.
``(B) Indian tribes.--The Administrator shall set
aside 1\1/2\ percent of the amounts made available each
fiscal year to carry out this subsection to make grants
to Indian Tribes.
``(C) Other areas.--The funds made available under
this subsection shall be allotted to territories
described in subsection (j) in accordance with such
subsection.
``(3) Priority.--Each State that has entered into a
capitalization agreement pursuant to this section shall
annually prepare a plan that identifies the intended uses of
the amounts made available pursuant to this subsection, which
shall--
``(A) comply with the requirements of subsection
(b)(2); and
``(B) provide, to the maximum extent practicable,
that priority for the use of funds be given to projects
that replace lead service lines serving disadvantaged
communities and environmental justice communities.
``(4) American made iron and steel and prevailing wages.--
The requirements of paragraphs (4) and (5) of subsection (a)
shall apply to any project carried out in whole or in part with
funds made available under this subsection.
``(5) Limitation.--
``(A) Prohibition on partial line replacement.--
None of the funds made available under this subsection
may be used for partial lead service line replacement
if, at the conclusion of the service line replacement,
drinking water is delivered to a household, or to a
property under the jurisdiction of a local educational
agency, through a publicly or privately owned portion
of a lead service line.
``(B) No homeowner contribution.--Any recipient of
funds made available under this subsection shall offer
to replace any privately owned portion of the lead
service line at no cost to the private owner.
``(6) State contribution.--Notwithstanding subsection (e),
agreements under paragraph (1) shall not require that the State
deposit in the State loan fund from State moneys any
contribution before receiving funds pursuant to this
subsection.
``(7) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection
$4,500,000,000 for each of fiscal years 2022 through
2031. Such sums shall remain available until expended.
``(B) Additional amounts.--To the extent amounts
authorized to be appropriated under this subsection in
any fiscal year are not appropriated in that fiscal
year, such amounts are authorized to be appropriated in
a subsequent fiscal year. Such sums shall remain
available until expended.
``(8) Definitions.--For purposes of this subsection:
``(A) Disadvantaged community.--The term
`disadvantaged community' has the meaning given such
term in subsection (d)(3).
``(B) Environmental justice community.--The term
`environmental justice community' has the meaning given
that term in section 601 of the CLEAN Future Act.
``(C) Lead service line.--The term `lead service
line' means a pipe and its fittings, which are not lead
free (as defined in section 1417(d)), that connect the
drinking water main to the building inlet.''.
(b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G)
and (t)'' and inserting ``(a)(2)(G), (t), and (u)''.
Subtitle D--Climate Public Health Protection
SEC. 641. SENSE OF CONGRESS ON PUBLIC HEALTH AND CLIMATE CHANGE.
It is the sense of Congress that--
(1) climate change is real;
(2) human activity significantly contributes to climate
change;
(3) climate change negatively impacts health;
(4) climate change disproportionately impacts communities
of color and low-income communities; and
(5) the Federal Government, in cooperation with
international, State, Tribal, and local governments, concerned
public, private, and Native American organizations, and
citizens, should use all practicable means and measures--
(A) to assist the efforts of public health and
health care professionals, first responders, health
care systems, States, the District of Columbia,
territories, municipalities, and Native American and
local communities to incorporate measures to prepare
public health and health care systems to respond to the
impacts of climate change;
(B) to ensure--
(i) that the Nation's public health and
health care professionals have sufficient
information to prepare for and respond to the
adverse health impacts of climate change;
(ii) the application of scientific research
in advancing understanding of--
(I) the health impacts of climate
change; and
(II) strategies to prepare for and
respond to the health impacts of
climate change;
(iii) the identification of communities and
populations vulnerable to the health impacts of
climate change, including infants, children,
pregnant women, the elderly, individuals with
disabilities or preexisting illnesses, low-
income populations, and unhoused individuals,
and the development of strategic response plans
to be carried out by public health and health
care professionals for those communities;
(iv) the improvement of health status and
health equity through efforts to prepare for
and respond to climate change; and
(v) the inclusion of health impacts in the
development of climate change responses;
(C) to encourage further research,
interdisciplinary partnership, and collaboration among
stakeholders in order to--
(i) understand and monitor the health
impacts of climate change;
(ii) improve public health knowledge and
response strategies to climate change;
(iii) identify actions and policies that
are beneficial to health and that mitigate
climate health impacts; and
(iv) develop strategies to address water-,
food-, and vector-borne infectious diseases and
other public health emergencies;
(D) to enhance preparedness activities, and health
care and public health infrastructure, relating to
climate change and health;
(E) to encourage each and every community to learn
about the impacts of climate change on health; and
(F) to assist the efforts of developing nations to
incorporate measures to prepare public health and
health care systems to respond to the impacts of
climate change.
SEC. 642. RELATIONSHIP TO OTHER LAWS.
Nothing in this subtitle limits the authority provided to or
responsibility conferred on any Federal department or agency by any
provision of any law (including regulations) or authorizes any
violation of any provision of any law (including regulations),
including any health, energy, environmental, transportation, or any
other law or regulation.
SEC. 643. NATIONAL STRATEGIC ACTION PLAN AND PROGRAM.
(a) Requirement.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this subtitle as the ``Secretary''), on the
basis of the best available science, and in consultation
pursuant to paragraph (2), shall publish a strategic action
plan and establish a program to ensure the public health and
health care systems are prepared for and can respond to the
impacts of climate change on health in the United States and
other nations.
(2) Consultation.--In developing or making any revision to
the national strategic action plan and program, the Secretary
shall--
(A) consult with the Director of the Centers for
Disease Control and Prevention, the Administrator of
the Environmental Protection Agency, the Director of
the National Institutes of Health, the Under Secretary
of Commerce for Oceans and Atmosphere, the
Administrator of the National Aeronautics and Space
Administration, the Director of the Indian Health
Service, the Secretary of Defense, the Secretary of
State, the Secretary of Veterans Affairs, the Secretary
of Agriculture, the Secretary of Energy, and the
Director of the National Science Foundation, other
appropriate Federal agencies, Indian Tribes, State and
local governments, territories, public health
organizations, scientists, representatives of at-risk
populations, and other interested stakeholders; and
(B) provide opportunity for public input and
consultation with Indian Tribes and Native American
organizations.
(b) Activities.--
(1) National strategic action plan.--Not later than 2 years
after the date of enactment of this Act, the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, and in collaboration with other Federal agencies as
appropriate, shall, on the basis of the best available science,
and in consultation with the entities described in subsection
(a)(2), publish a national strategic action plan under
paragraph (2) to guide the climate and health program and
assist public health and health care professionals in preparing
for and responding to the impacts of climate change on public
health in the United States and other nations, particularly
developing nations.
(2) Assessment of health system capacity.--The national
strategic action plan shall include an assessment of the health
system capacity of the United States to address climate change
including--
(A) identifying and prioritizing communities and
populations vulnerable to the health impacts of climate
change;
(B) providing outreach and communication aimed at
public health and health care professionals and the
public to promote preparedness and response strategies;
(C) providing for programs across Federal agencies
to advance research related to the impacts of climate
change on health;
(D) identifying and assessing existing preparedness
and response strategies for the health impacts of
climate change;
(E) prioritizing critical public health and health
care infrastructure projects;
(F) providing modeling and forecasting tools of
climate change health impacts, including local impacts
where possible;
(G) establishing academic and regional centers of
excellence;
(H) providing technical assistance and support for
preparedness and response plans for the health threats
of climate change in States, municipalities,
territories, Indian Tribes, and developing nations; and
(I) developing, improving, integrating, and
maintaining domestic and international disease
surveillance systems and monitoring capacity to respond
to health-related impacts of climate change, including
on topics addressing--
(i) water-, food-, and vector-borne
infectious diseases and climate change;
(ii) pulmonary effects, including responses
to aeroallergens and toxic exposures;
(iii) cardiovascular effects, including
impacts of temperature extremes;
(iv) air pollution health effects,
including heightened sensitivity to air
pollution;
(v) harmful algal blooms;
(vi) mental and behavioral health impacts
of climate change;
(vii) the health of migrants, refugees,
displaced persons, and vulnerable communities;
(viii) the implications for communities and
populations vulnerable to the health effects of
climate change, as well as strategies for
responding to climate change within these
communities;
(ix) Tribal, local, and community-based
health interventions for climate-related health
impacts;
(x) extreme heat and weather events,
including drought;
(xi) decreased nutritional value of crops;
and
(xii) disruptions in access to routine and
acute medical care.
(3) Climate and health program.--The Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, and in collaboration with other Federal agencies,
as appropriate, shall ensure that the climate and health
program established under this section addresses priority
health actions including the following:
(A) Serve as a credible source of information on
the physical, mental, and behavioral health
consequences of climate change for the United States
population and globally.
(B) Track data on environmental conditions, disease
risks, and disease occurrence related to climate
change.
(C) Expand capacity for modeling and forecasting
health effects that may be climate-related.
(D) Enhance the science base to better understand
the relationship between climate change and health
outcomes.
(E) Identify locations and population groups at
greatest risk for specific health threats and effects,
such as increased heat stress, degraded air and water
quality, food- or water-related infections, vector-
borne illnesses, pulmonary and cardiovascular effects,
mental and behavioral health effects, and food, water,
and nutrient insecurity.
(F) Communicate the health-related aspects of
climate change, including risks and associated costs
and ways to reduce them, to the public, decision
makers, public health professionals, and health care
providers.
(G) Develop partnerships with other government
agencies, the private sector, nongovernmental
organizations, universities, and international
organizations to more effectively address domestic and
global health aspects of climate change.
(H) Provide leadership to State and local
governments, community leaders, health care
professionals, nongovernmental organizations,
environmental justice networks, faith-based
communities, the private sector, and the public,
domestically and internationally, regarding health
protection from climate change effects.
(I) Develop and implement preparedness and response
plans for health threats such as heat waves, severe
weather events, and infectious diseases.
(J) Provide technical advice and support to State
and local health departments, the private sector, and
others in developing and implementing national and
global preparedness measures related to the health
effects of climate change.
(K) Promote workforce development by helping to
ensure the training of a new generation of competent,
experienced public health and health care professionals
to respond to the health threats posed by climate
change.
(c) Periodic Assessment and Revision.--Not later than 4 years after
the date of enactment of this Act, and every 4 years thereafter, the
Secretary shall periodically assess, and revise as necessary, the
national strategic action plan under subsection (b)(1) and the climate
and health program under subsection (b)(1), to reflect new information
collected pursuant to the implementation of the national strategic
action plan and program and otherwise, including information on--
(1) the status of critical environmental health indicators
and related human health impacts;
(2) the impacts of climate change on public health; and
(3) advances in the development of strategies for preparing
for and responding to the impacts of climate change on public
health.
(d) Implementation.--
(1) Implementation through hhs.--The Secretary shall
exercise the Secretary's authority under this Act and other
Federal statutes to achieve the goals and measures of the
national strategic action plan and climate and health program.
(2) Other public health programs and initiatives.--The
Secretary and Federal officials of other relevant Federal
agencies shall administer public health programs and
initiatives authorized by laws other than this Act, subject to
the requirements of such laws, in a manner designed to achieve
the goals of the national strategic action plan and climate and
health program.
SEC. 644. ADVISORY BOARD.
(a) Establishment.--The Secretary shall, pursuant to the Federal
Advisory Committee Act (5 U.S.C. App.), establish a permanent science
advisory board to be comprised of not less than 10 and not more than 20
members.
(b) Appointment of Members.--The Secretary shall appoint the
members of the science advisory board from among individuals who--
(1) are recommended by the President of the National
Academy of Sciences and the President of the National Academy
of Medicine; and
(2) have expertise in essential public health and health
care services, including those related to vulnerable
populations, climate change, and other relevant disciplines.
(c) Experience.--In appointing the members of the science advisory
board, the Secretary shall ensure that the science advisory board
includes members with practical or lived experience with relevant
issues.
(d) Functions.--The science advisory board shall--
(1) provide scientific and technical advice and
recommendations to the Secretary on the domestic and
international impacts of climate change on public health,
populations and regions particularly vulnerable to the effects
of climate change, and strategies and mechanisms to prepare for
and respond to the impacts of climate change on public health;
and
(2) advise the Secretary regarding the best science
available for purposes of issuing the national strategic action
plan and conducting the climate and health program.
SEC. 645. CLIMATE CHANGE HEALTH PROTECTION AND PROMOTION REPORTS.
(a) In General.--The Secretary shall offer to enter into an
agreement with the National Academies, under which the National
Academies will prepare periodic reports to aid public health and health
care professionals in preparing for and responding to the adverse
health effects of climate change that--
(1) review scientific developments on health impacts of
climate change; and
(2) recommend changes to the national strategic action plan
and climate and health program.
(b) Submission.--The agreement under subsection (a) shall require a
report to be submitted to Congress and the Secretary and made publicly
available not later than 2 years after the date of enactment of this
Act, and every 4 years thereafter.
Subtitle E--Public Health Air Quality Infrastructure
SEC. 651. HEALTH EMERGENCY AIR TOXICS MONITORING.
(a) Monitoring.--Not later than 365 days after the date of
enactment of this Act, the Administrator shall carry out a program to
administer or conduct, pursuant to authority provided under the Clean
Air Act (42 U.S.C. 7401 et seq.), including section 114 of such Act (42
U.S.C. 7414), the best available form of fenceline monitoring of
stationary sources of hazardous air pollutants that are on the list
developed under subsection (c).
(b) Publication of Results.--The Administrator shall publish and
maintain the results of all fenceline monitoring conducted under the
program under subsection (a) on the website of the Environmental
Protection Agency for a period of at least 5 years.
(c) List of Sources.--
(1) Development.--The Administrator shall develop a list of
stationary sources of hazardous air pollutants that includes--
(A) the 25 high-priority facilities listed in
Appendix A of the Environmental Protection Agency's
Office of Inspector General Report #20-N-0128 (March
31, 2020); and
(B) at least another 25 major sources or synthetic
area sources.
(2) Requirements.--The Administrator may include a
stationary source on the list developed under paragraph (1)
only if the source--
(A) emits at least one of the pollutants described
in paragraph (3);
(B) is--
(i) located in, or within 3 miles of, a
census tract with--
(I) a cancer risk of at least 100-
in-1 million; or
(II) a chronic non-cancer hazard
index that is above 1 based on the most
recent National Air Toxics Assessment;
or
(ii) in a source category with--
(I) a cancer risk that is at least
50-in-1 million;
(II) a total organ-specific hazard
index for chronic non-cancer risk that
is greater than 1; or
(III) an acute risk hazard quotient
that is greater than 1; and
(C) is--
(i) classified in one or more of North
American Industry Classification System codes
322, 324, 325; or
(ii) required to prepare and implement a
risk management plan pursuant to section 112(r)
of the Clean Air Act (42 U.S.C. 7412(r)) and
had an accidental release required to be
reported during the previous 3 years pursuant
to section 68.42 or 68.195 of title 40 Code of
Federal Regulations (as in effect on the date
of enactment of this Act).
(3) Pollutants.--The pollutants described in this paragraph
are ethylene oxide, chloroprene, benzene, 1,3-butadiene, and
formaldehyde.
(d) Methods and Technologies.--
(1) In general.--Except as provided in paragraph (2), in
carrying out the program under subsection (a), the
Administrator shall--
(A) for each stationary source on the list
developed under subsection (c)(1), employ, as necessary
to monitor the pollutants described in subsection
(c)(3) emitted by such stationary source, at least--
(i) Method 325A and Method 325B; and
(ii) Method TO-15; and
(B) for each of the 10 stationary sources on such
list that either emit the greatest volume of pollutants
described in subsection (c)(3), or cause the greatest
health risk as determined by the Administrator based on
a residual risk assessment performed pursuant to
section 112(f)(2) of the Clean Air Act (42 U.S.C.
7412(f)(2)) or based on the most recent National Air
Toxics Assessment due to such emissions individually,
as a group, or cumulatively with all hazardous air
pollutants emitted by such sources, and for any other
stationary source on such list for which application of
the methods described in subparagraph (A) alone will
not be sufficient to monitor and report any such
pollutants that are emitted by such stationary source,
employ--
(i) optical remote sensing technology to
provide real-time measurements of air pollutant
concentrations along an open-path; or
(ii) other monitoring technology with the
ability to provide real-time spatial and
temporal data to understand the type and amount
of emissions.
(2) Updates.--
(A) Method 325a and method 325b.--If the
Administrator determines it necessary to update Method
325A and Method 325B to implement this section, the
Administrator shall update such Method 325A and Method
325B not later than 180 days after the date of
enactment of this Act.
(B) New test method.--If the Administrator
determines it necessary to approve a new test method to
implement this section, the Administrator shall
finalize such a method not later than 1 year after the
date of enactment of this Act.
(e) Report.--Not later than 3 years after the date of enactment of
this Act, the Administrator shall report on the results of the program
carried out under subsection (a), including--
(1) the results of fenceline monitoring implemented under
the program under subsection (a);
(2) any enforcement, regulatory, or permitting actions
taken based on such fenceline monitoring; and
(3) whether the Administrator proposes to continue
fenceline monitoring at any or all of the stationary sources on
the list developed under subsection (c)(1), or to implement
fenceline monitoring of any additional stationary sources as
determined under subsection (f).
(f) Determination Regarding Additional Sources.--Not later than 6
years after the date of enactment of this Act, the Administrator shall
make a determination, and publish such determination in the Federal
Register, on whether to add fenceline monitoring for any stationary
sources to--
(1) ensure compliance of such stationary sources with
existing emission standards under section 112 of the Clean Air
Act (42 U.S.C. 7412);
(2) prevent accidental releases; or
(3) protect the health of the communities most exposed to
the emissions of hazardous air pollutants from such stationary
sources to the greatest extent possible.
(g) Determination Regarding Emission Factors.--Not later than 6
years after the date of enactment of this Act, the Administrator shall
complete an evaluation and promulgate a determination whether any
existing emission factors must be updated to better reflect or account
for the results of fenceline monitoring data collected pursuant to
Method 325A or 325B or the program under subsection (a).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $73,000,000 for fiscal year
2022, to remain available until expended.
SEC. 652. COMMUNITY AIR TOXICS MONITORING.
(a) Regulations.--Not later than one year after the date of
enactment of this Act, the Administrator shall promulgate regulations
pursuant to section 112(d) of the Clean Air Act (42 U.S.C. 7412(d)) for
each source category described in subsection (b), that--
(1) require all sources in such source category to
implement the best available form of continuous emissions
monitoring and fenceline monitoring to assure compliance with
the emission standards for hazardous air pollutants;
(2) for facilities in such source category that are
required to submit risk management plans under section 112(r)
of the Clean Air Act, to prevent accidental releases and
provide for effective emergency response;
(3) establish a corrective action level at the fenceline
for at least the top 3 hazardous air pollutants that drive the
cancer, chronic non-cancer, or acute risk for the source
category; and
(4) require a root cause analysis and consequences if such
corrective action level is exceeded.
(b) Source Categories.--The source categories described in this
subsection shall include each category or subcategory of major sources
or area sources containing--
(1) at least one of the stationary sources of hazardous air
pollutants that are on the list developed under section 651(c);
(2) major sources or area sources identified in the most
recent National Emissions Inventory of the Environmental
Protection Agency as emitting ethylene oxide, chloroprene, 1,3-
butadiene, benzene, or formaldehyde;
(3) chemical, petrochemical, or plastics manufacturing
sources or marine vessel loading operations; and
(4) any other major sources of fugitive hazardous air
pollutant emissions for which the Environmental Protection
Agency is subject to a court-ordered or statutory deadline,
engaged in a reconsideration proceeding, or subject to a court
remand to, not later than 2 years after the date of enactment
of this Act, review and determine whether to revise the
emissions standards that apply to such sources.
(c) Determination of Best Available Form of Monitoring.--The
Administrator, in consultation with the Office of Air Quality Planning
and Standards, the Office of Enforcement and Compliance Assurance, and
the Office of Environmental Justice, shall, for purposes of the
regulations promulgated pursuant to subsection (a), determine the best
available form of continuous emissions monitoring and fenceline
monitoring and shall ensure the methods required are at least as
stringent as Method 325A and Method 325B.
(d) Methods and Technologies.--For all stationary sources in the
source categories under subsection (b), the Administrator shall, in the
regulations promulgated pursuant to subsection (a)--
(1) require application, implementation, or employment of--
(A) Method TO-15 or optical remote sensing
technology to provide real-time measurements of air
pollutant concentrations along an open-path; or
(B) other monitoring technology with the ability to
provide real-time spatial and temporal data to
understand the type and amount of emissions; or
(2) provide an explanation of why application of Method TO-
15 or the technologies described in paragraph (1) is not
necessary--
(A) to assure compliance with the emission
standards established under the regulations promulgated
pursuant to subsections (d) and (f) of section 112 of
the Clean Air Act (42 U.S.C. 7412), as applicable; or
(B) to protect the public health.
(e) Precautionary Approach.--In promulgating the corrective action
level for each of the hazardous air pollutants described in subsection
(a)(3), the Administrator shall take a precautionary approach to ensure
that, if the monitored concentration at the fenceline hits a level that
has potential to cause any person to experience impaired quality of
life, become ill, or die from cancer or any other chronic or acute
health impairment related to short- or long-term air pollution exposure
(including any fetal exposure that begins in utero), that the facility
must reduce its emissions to prevent such harm.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $17,500,000 for fiscal year
2022, to remain available until expended.
SEC. 653. CRITERIA POLLUTANT/NAAQS MONITORING NETWORK.
(a) Deployment of NCore Multipollutant Monitoring Stations.--The
Administrator shall require the deployment of an additional 80 NCore
multipollutant monitoring stations.
(b) Deadline.--Not later than 12 months after the date of enactment
of this Act, the Administrator shall ensure all NCore multipollutant
monitoring stations required to be deployed under subsection (a) are
installed and integrated into the air quality monitoring system
established pursuant to section 319 of the Clean Air Act (42 U.S.C.
7619).
(c) Monitoring Results.--Monitoring results from NCore
multipollutant stations deployed pursuant to subsection (a) shall be
used for purposes of comparison to national ambient air quality
standards, and for such other purposes as the Administrator determines
will promote the protection of public health from air pollution.
(d) Locations.--
(1) Vulnerable populations.--
(A) Census tracts.--The Administrator shall ensure
that at least 40 of the NCore multipollutant monitoring
stations required under subsection (a) are sited in
census tracts that each meet one or more of the
following criteria:
(i) The rates of childhood asthma, adult
asthma, chronic obstructive pulmonary disease,
heart disease, or cancer are higher than the
national average for such condition in the
census tract.
(ii) The percentage of people living below
the poverty level, that are above age 18
without a high school diploma, or that are
unemployed, is higher than the national average
in the census tract.
(iii) Two or more major sources (as defined
in section 501(2) of the Clean Air Act (42
U.S.C. 7661(2))) are located within the census
tract and adjacent census tracts combined.
(iv) COVID-19 death rates are at least 10
percent higher than the national average in the
census tract.
(v) There is a higher than average
population in the census tract of vulnerable or
sensitive individuals who may be at greater
risk than the general population of adverse
health effects from exposure to one or more air
pollutants for which national ambient air
quality standards have been established
pursuant to the Clean Air Act (42 U.S.C. 7401
et seq.), including infants, children, pregnant
women, workers, the elderly, or individuals
living in an environmental justice community.
(B) Limitation.--Not more than 1 of the NCore
multipollutant monitoring stations described in
subparagraph (A) may be sited within the same
metropolitan statistical area, municipality, or county.
(2) Siting determinations.--In determining and approving
sites for NCore multipollutant monitoring stations required
under subsection (a), the Administrator shall--
(A) invite proposals from or on behalf of residents
of a community for the siting of such stations in such
community;
(B) prioritize siting of such stations in census
tracts or counties with per capita death rates from
COVID-19 that are at least 10 percent higher than the
national average, as of the date of enactment of this
Act or the date of the proposal; and
(C) prior to making siting determinations, provide
public notice of proposed siting locations and provide
an opportunity for public comment for at least 30 days
thereafter--
(i) in the Federal Register, by email to
persons who have requested notice of proposed
siting determinations; by news release; and
(ii) by posting on the public website of
the Environmental Protection Agency.
(e) Report.--Not later than 12 months after the date of enactment
of this Act, the Administrator shall--
(1) in coordination with the States, complete an
assessment, which includes public input, on the status of all
ambient air quality monitors that are part of Federal, State,
or local networks and used for determining compliance with
national ambient air quality standards to determine whether
each such monitor is operational; and
(2) report to Congress, and publish on the public website
of the Environmental Protection Agency, a list of all non-
operational monitors and an accompanying schedule and plan to
restore all such monitors into full operation within one year.
(f) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $61,000,000 for
fiscal year 2022, to remain available until expended.
(2) Uses.--The Administrator--
(A) may use amounts made available to carry this
section to--
(i) directly to deploy NCore multipollutant
monitoring stations required under subsection
(a); or
(ii) make grants under section 105 of the
Clean Air Act to State and local governments
for deployment and operation of such NCore
multipollutant monitoring stations; and
(B) shall use at least 5 percent, but not more than
10 percent, of amounts made available to carry out this
section to perform maintenance and repairs necessary to
restore to operation to currently non-operational
monitors located in nonattainment areas for ozone or
PM2.5.
SEC. 654. SENSOR MONITORING.
(a) Deployment of Air Quality Sensors.--Not later than 6 months
after the date of enactment of this Act, the Administrator shall deploy
at least 1,000 air quality sensors, that each cost $2,000 or less, in
census tracts or counties with per capita death rates from COVID-19
that are at least 10 percent higher than the national average as of the
date of enactment of this Act.
(b) Pollutants.--Each sensor deployed pursuant to subsection (a)
shall measure ozone, PM2.5, or sulfur dioxide. The Administrator shall
determine which pollutant or pollutants to monitor based on the
pollution sources affecting the area in which the sensor is to be
deployed.
(c) Priority.--The Administrator shall give priority for deployment
of sensors pursuant to subsection (a) to census tracts or counties
that--
(1) lack SLAMS for the pollutant or pollutants that sensors
would be deployed to measure;
(2) have, or are substantially impacted by, significant
emissions of ozone, PM2.5, or sulfur dioxide; and
(3) are not part of an area designated as nonattainment
under the Clean Air Act for the air pollutant or pollutants to
be monitored.
(d) Contracts.--The Administrator shall contract with qualified
nonprofit organizations and State and local air pollution control
agencies to execute deployment of the monitors in a manner that will
ensure representative measurement of ambient air quality, and provide
the public with real-time online access to the data collected.
(e) Determination and Installation.--Not later than 6 months after
one year of monitoring with sensors deployed pursuant to subsection (a)
has been completed, the Administrator shall determine whether data from
the sensor or sensors deployed in a census track or county show air
pollution levels during such year reached 98 percent of the national
ambient air quality standard for any of the air pollutants described in
subsection (b), and not later than 6 months after such determination,
the Administrator shall ensure that Federal Reference Method monitors
or Federal Equivalent Method monitors are installed and in operation
within the census tract or county for each pollutant that reached or
exceeded the 98 percent level.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for fiscal year 2022,
to remain available until expended.
SEC. 655. ENVIRONMENTAL HEALTH DISPARITIES RESEARCH GRANT PROGRAMS.
(a) Centers of Excellence on Environmental Health Disparities
Research Grants.--The Director of the National Institutes of Health, in
coordination with the National Center for Environmental Research at the
Environmental Protection Agency, shall carry out a Centers of
Excellence on Environmental Health Disparities Research grant program.
Such program shall establish and support no fewer than 10 research
centers with 5 year awards to--
(1) conduct basic and applied research on environmentally
driven health disparities;
(2) establish, develop, or expand collaborations with other
researchers and organizations involved in environmental health
disparities and affected communities;
(3) disseminate scientific knowledge to other researchers
and members of affected communities;
(4) recruit and mentor investigators to conduct
environmental health disparities research, including
investigators from health disparities populations; and
(5) other activities, as determined by the Director.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this program $15,000,000 for each of fiscal
years 2022 through 2027.
SEC. 656. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Accidental release.--The term ``accidental release''
has the meaning given such term in section 112(r) of the Clean
Air Act (42 U.S.C. 7412(r)).
(3) Area source; existing source; hazardous air pollutant;
major source; new source; stationary source.--Except as
otherwise provided, the terms ``area source'', ``existing
source'', ``hazardous air pollutant'', ``major source'', ``new
source'', and ``stationary source'' have the meaning given such
terms in section 112(a) of the Clean Air Act (42 U.S.C.
7412(a)).
(4) COVID-19.--The term ``COVID-19'' means the novel
coronavirus disease 2019 that is the subject of the declaration
of a public health emergency by the Secretary of Health and
Human Services pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) on January 27, 2020.
(5) Method 325a.--The term ``Method 325A'' means the Air
Emission Measurement Center promulgated test method titled
``Volatile Organic Compounds from Fugitive and Area Sources:
Sampler Deployment and VOC Sample Collection''.
(6) Method 325b.--The term ``Method 325B'' means the Air
Emission Measurement Center promulgated test method titled
``Volatile Organic Compounds from Fugitive and Area Sources:
Sampler Preparation and Analysis.''
(7) Method to-15.--The term ``Method TO-15'' means the test
method titled ``Determination of Volatile Organic Compounds
(VOCs) In Air Collected In Specially-Prepared Canisters And
Analyzed By Gas Chromatography/Mass Spectrometry (GC/MS)''
published in Compendium of Methods for the Determination of
Toxic Organic Compounds in Ambient Air, Second Edition.
(8) NCore and slams.--The terms ``NCore'' and ``SLAMS''
have the meaning given such terms in section 58.1 of title 40,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(9) Synthetic area source.--The term ``synthetic area
source'' has the meaning given ``synthetic minor HAP source''
in section 49.152 of title 40, Code of Federal Regulations (or
successor regulations).
TITLE VII--SUPER POLLUTANTS
Subtitle A--Methane
SEC. 701. CONTROLLING METHANE EMISSIONS FROM THE OIL AND NATURAL GAS
SECTOR.
(a) National Goals.--The goals of this section are to steadily
reduce the quantity of United States methane emissions from the oil and
natural gas sector such that--
(1) in calendar year 2025, the quantity of United States
methane emissions from the oil and natural gas sector is at
least 65 percent below calendar year 2012 emissions; and
(2) in calendar year 2030, the quantity of United States
methane emissions from the oil and natural gas sector is at
least 90 percent below calendar year 2012 emissions.
(b) Regulations To Meet the National Goals.--
(1) In general.--Using existing authority of the
Environmental Protection Agency, the Administrator shall issue
regulations pursuant to section 111 of the Clean Air Act (42
U.S.C. 7411) to control methane emissions from the oil and
natural gas sector to achieve the national goals established in
subsection (a).
(2) Covered sources.--The regulations promulgated pursuant
to this subsection shall apply to sources of methane from every
segment of oil and natural gas systems, including oil and
natural gas production, processing, transmission, distribution,
and storage.
(3) Meeting the goal for 2025.--
(A) Deadline for issuance.--Not later than 18
months after the date of enactment of this Act, and no
later than December 31, 2022, the Administrator shall
finalize regulations pursuant to section 111 of the
Clean Air Act (42 U.S.C. 7411) to achieve the national
goal established in subsection (a)(1).
(B) Contents.--The regulations required by
subparagraph (A) shall include the following:
(i) The regulations shall provide for the
establishment, implementation, and enforcement
of standards of performance for existing
sources and guidelines for States.
(ii) The regulations shall require States
to submit plans in accordance with section
111(d) of the Clean Air Act (42 U.S.C. 7411(d))
no later than 30 months after the date of
enactment of this Act.
(iii) The regulations shall provide for the
Administrator to prescribe, not later than 42
months after the date of enactment of this Act,
a plan in accordance with such section 111(d)--
(I) for a State that fails to
submit a plan by the deadline specified
in clause (ii); or
(II) for a State for which the
Administrator disapproves the State
plan.
(4) Meeting the goal for 2030.--
(A) In general.--Not later than December 31, 2023,
the Administrator shall finalize regulations pursuant
to section 111 of the Clean Air Act (42 U.S.C. 7411) to
achieve the national goal established in subsection
(a)(2).
(B) Contents.--The regulations required by
subparagraph (A) shall provide for the establishment,
implementation, and enforcement of standards of
performance for new sources and existing sources, and
guidelines for States, that include requirements for--
(i) new and existing natural gas
transmission and distribution pipelines to
reduce methane emissions by application of the
best system of venting and leakage reduction;
(ii) new sources, and existing sources,
with equipment that handles liquefied natural
gas to reduce methane emissions from that
equipment by application of the best system of
emission reduction; and
(iii) new and existing offshore petroleum
and natural gas production facilities to reduce
methane emissions by application of the best
system of emission reduction.
(c) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``existing source'' means an existing source
(as defined in section 111(a) of the Clean Air Act (42 U.S.C.
7411(a))).
(3) The term ``new source'' means a new source (as defined
in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a))).
(4) The term ``standard of performance'' has the meaning
given to such term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)).
SEC. 702. CONTROLLING FLARING.
(a) Regulation of Routine Flaring.--Using existing authority of the
Environmental Protection Agency, the Administrator shall propose no
later than December 31, 2021, and finalize no later than December 31,
2022--
(1) regulations pursuant to section 111(b) of the Clean Air
Act (42 U.S.C. 7411(b)) for the establishment, implementation,
and enforcement of standards of performance for new sources
that prohibit routine flaring of natural gas from such sources;
and
(2) regulations pursuant to section 111(d) of the Clean Air
Act (42 U.S.C. 7411(d)) for the establishment, implementation,
and enforcement of standards of performance for sources, and
guidelines for States, that require existing sources to--
(A) reduce greenhouse gas emissions from routine
flaring such that nationwide flaring is reduced by at
least 80 percent below 2017 levels no later than 2025;
and
(B) reduce greenhouse gas emissions from routine
flaring such that nationwide flaring is reduced by 100
percent below 2017 levels no later than 2028.
(b) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``existing source'' means an existing source
as defined in section 111(a) of the Clean Air Act (42 U.S.C.
7411(a)).
(3) The term ``new source'' means a new source as defined
in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)).
(4) The term ``routine flaring''--
(A) means flaring of natural gas during normal oil
and natural gas production operations in the absence of
sufficient facilities to reinject the produced gas,
utilize it onsite, or dispatch it to a market; and
(B) does not include safety flaring.
(5) The term ``safety flaring'' means flaring of natural
gas that is required to ensure safe operation of the facility
due to some unforeseen condition.
SEC. 703. EMERGING OIL AND NATURAL GAS GREENHOUSE GAS EMISSION
REDUCTION TECHNOLOGIES PROGRAM.
(a) Establishment.--As soon as possible after the date of enactment
of this Act, the Secretary of Energy (in this section referred to as
the ``Secretary'') shall establish a technology commercialization
program to reduce greenhouse gas emissions from the oil and natural gas
sector, and to improve existing technologies and practices to reduce
such emissions.
(b) Priority.--In carrying out the program under subsection (a),
the Secretary shall give priority to projects that develop and bring to
market approaches to reduce carbon dioxide emissions from natural gas
system compression, including the use of electrification.
(c) Conduct of Program.--In carrying out the program under
subsection (a), the Secretary shall carry out science-based activities
to pursue--
(1) improved efficiency of natural gas pipeline systems,
including gas gathering systems and gas transmission systems,
in order to reduce compressor fuel consumption in these
systems, through improved technology and operational practice;
and
(2) lowered barriers to electrification of compression in
pipeline systems.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000, to remain available
until expended.
SEC. 704. IMPROVING THE NATURAL GAS DISTRIBUTION SYSTEM.
(a) Program.--The Secretary of Energy shall establish a grant
program to provide financial assistance to States to offset the
incremental rate increases paid by low-income households resulting from
the implementation of infrastructure replacement, repair, and
maintenance programs that are approved by the rate-setting entity and
designed to accelerate the necessary replacement, repair, or
maintenance of natural gas distribution systems.
(b) Date of Eligibility.--Awards may be provided under this section
to offset rate increases described in subsection (a) occurring on or
after the date of enactment of this Act.
(c) Prioritization.--The Secretary shall collaborate with States to
prioritize the distribution of grants made under this section. At a
minimum, the Secretary shall consider prioritizing the distribution of
grants to States which have--
(1) authorized or adopted enhanced infrastructure
replacement programs or innovative rate recovery mechanisms,
such as infrastructure cost trackers and riders, infrastructure
base rate surcharges, deferred regulatory asset programs, and
earnings stability mechanisms; and
(2) a viable means for delivering financial assistance to
low-income households.
(d) Auditing and Reporting Requirements.--The Secretary shall
establish auditing and reporting requirements for States with respect
to the performance of eligible projects funded pursuant to grants
awarded under this section.
(e) Prevailing Wages.--All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration, or repair work assisted, in whole or in part, by a grant
under this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40. With respect to the labor standards in this subsection, 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.
(f) Definitions.--In this section:
(1) Innovative rate recovery mechanisms.--The term
``innovative rate recovery mechanisms'' means rate structures
that allow State public utility commissions to modify tariffs
and recover costs of investments in utility replacement
incurred between rate cases.
(2) Low-income household.--The term ``low-income
household'' means a household that is eligible to receive
payments under section 2605(b)(2) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $250,000,000 in
each of fiscal years 2022 through 2031.
SEC. 705. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-TO-
ENERGY PROJECTS.
(a) In General.--Subtitle G of the Solid Waste Disposal Act (42
U.S.C. 6971 et seq.) is amended by adding at the end the following:
``SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-
TO-ENERGY PROJECTS.
``(a) Grants.--The Administrator shall establish a grant program to
award grants to States eligible to receive the grants under subsection
(b)(1) to construct large-scale composting or anaerobic digestion food
waste-to-energy projects.
``(b) Eligible States.--
``(1) Eligibility.--In order to be eligible to receive a
grant under this section, a State shall--
``(A) have in effect a plan to limit the quantity
of food waste that may be disposed of in landfills in
the State; and
``(B) provide to the Administrator--
``(i) a written commitment that the State
has read and agrees to comply with the Food
Recovery Hierarchy of the Environmental
Protection Agency, particularly as applied to
apparently wholesome food (as defined in
section 22(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1791(b))) that may be provided
to or received by the State; and
``(ii) a written end-product recycling plan
that provides for the beneficial use of the
material resulting from any anaerobic digestion
food waste-to-energy operation with respect to
which the loan or grant is made, in a manner
that meets all applicable Federal, State, and
local laws that protect human health and the
environment.
``(2) Limitation.--A grant under subsection (a) may not be
used for an anaerobic digester that uses solely manure as
undigested biomass.
``(3) Preference.--The Administrator shall give preference
to grants under subsection (a) for anaerobic digesters that use
primarily nonedible food, crop waste, or nonedible food and
crop waste as undigested biomass.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2022 through 2031.
``(d) State Defined.--In this section, the term `State' means each
State of the United States, the District of Columbia, each territory or
possession of the United States, and each federally recognized Indian
Tribe.''.
(b) Clerical Amendment.--The table of contents for the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) is amended by inserting after the
item relating to section 7010 the following:
``Sec. 7011. Grants for composting and anaerobic digestion food waste-
to-energy projects.''.
Subtitle B--Black Carbon
SEC. 711. DEFINITIONS.
In this subtitle:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``black carbon'' means the primary light
absorbing aerosols, as defined by the Administrator, based on
the best available science.
SEC. 712. REDUCTION OF BLACK CARBON EMISSIONS.
(a) Black Carbon Abatement Report.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall, in consultation
with other appropriate Federal agencies, submit to Congress a
report regarding black carbon emissions.
(2) Contents.--The report under paragraph (1) shall include
the following:
(A) An update of the information that was included
in the report submitted to Congress by the
Environmental Protection Agency titled ``Report to
Congress on Black Carbon'' (March 2012), and a summary
of current information and research that identifies--
(i) an inventory of the major sources of
black carbon emissions in the United States,
including--
(I) an estimate of the quantity of
current and projected future black
carbon emissions; and
(II) the net climate forcing of
such emissions from such sources,
including consideration of co-emissions
of other pollutants;
(ii) effective and cost-effective control
technologies, operations, and strategies for
additional domestic black carbon emissions
reductions, such as diesel retrofit
technologies on existing onroad, nonroad, and
stationary engines, programs to address
residential cookstoves and heating stoves,
programs to address forest and agriculture-
based burning, and programs to address ports,
international shipping, and aviation;
(iii) potential metrics and approaches for
quantifying the climatic effects of black
carbon emissions, including the radiative
forcing and warming effects of such emissions,
that may be used to compare the climate
benefits of different mitigation strategies,
including an assessment of the uncertainty in
such metrics and approaches; and
(iv) the public health and environmental
benefits associated with additional controls
for black carbon emissions.
(B) Recommendations regarding--
(i) development of additional emissions
monitoring techniques and capabilities,
modeling, and other black carbon-related areas
of study;
(ii) areas of focus for additional study of
technologies, operations, and strategies with
the greatest potential to reduce emissions of
black carbon and associated public health,
economic, and environmental impacts associated
with these emissions; and
(iii) actions, in addition to those
identified by the Administrator pursuant to
subsections (b) and (c), that the Federal
Government may take to encourage or require
reductions in black carbon emissions.
(b) Domestic Black Carbon Mitigation.--
(1) Proposed regulations or finding.--Not later than 1 year
after the date of enactment of this Act, the Administrator,
taking into consideration the public health and environmental
impacts of black carbon emissions, including the effects on
global and regional warming, the Arctic, and other snow and
ice-covered surfaces, shall propose--
(A) a finding that regulations that have been
promulgated as of the date of enactment of this Act
pursuant to such authorities adequately reduce
emissions of black carbon by 70 percent relative to
2013 levels by 2025; or
(B) regulations under the authorities of the Clean
Air Act (42 U.S.C. 7401 et seq.) (as such authorities
exist as of the date of the enactment of this Act) to
reduce emissions of black carbon by 70 percent relative
to 2013 levels by 2025.
(2) Final regulations or finding.--Not later than 2 years
after the date of enactment of this Act, the Administrator
shall promulgate--
(A) a final finding described in paragraph (1)(A);
or
(B) final regulations described in paragraph
(1)(B).
(3) Participation by indigenous populations.--The
Administrator shall allow indigenous populations in the Arctic
and other communities disproportionally affected by black
carbon emissions to participate in the regulatory action under
this subsection through negotiated rulemaking or an equivalent
mechanism.
(c) International Black Carbon Mitigation Assistance Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator, in coordination
with the Secretary of State and other appropriate Federal
officials, shall transmit a report to the Congress--
(A) on the amount, type, and direction of all
present United States financial, technical, and related
assistance to foreign countries to reduce, mitigate,
and otherwise abate black carbon emissions; and
(B) identifying opportunities and recommendations
pursuant to paragraph (2).
(2) Other opportunities.--The report required under this
subsection shall identify opportunities and recommendations,
including action under existing statutory and regulatory
authorities, to achieve significant black carbon emission
reductions in foreign countries through technical assistance or
other approaches to--
(A) promote sustainable solutions to bring clean,
efficient, safe, and affordable stoves, fuels, or both
stoves and fuels to residents of developing countries
that are reliant on solid fuels such as wood, dung,
charcoal, coal, or crop residues for home cooking and
heating, so as to help reduce the public health,
environmental, and economic impacts of black carbon
emissions from these sources by--
(i) identifying key regions for large-scale
demonstration efforts, and key partners in each
such region; and
(ii) developing for each such region a
large-scale implementation strategy with a goal
of collectively reaching 100,000,000 homes over
5 years with interventions that will--
(I) increase stove efficiency by
over 50 percent (or such other goal as
determined by the Administrator);
(II) reduce emissions of black
carbon by over 60 percent (or such
other goal as determined by the
Administrator); and
(III) reduce the incidence of
severe pneumonia in children under 5
years old by over 30 percent (or such
other goal as determined by the
Administrator);
(B) make technological improvements to diesel
engines and provide greater access to fuels that emit
less or no black carbon;
(C) reduce unnecessary agricultural or other
biomass burning where feasible alternatives exist;
(D) reduce the amount of heavy fuel oil used by
ships by switching to alternative fuels or installing
technological improvements;
(E) reduce unnecessary fossil fuel burning that
produces black carbon where feasible alternatives
exist;
(F) reduce other sources of black carbon emissions;
and
(G) improve capacity to achieve greater compliance
with existing laws to address black carbon emissions.
(3) Consultation with arctic communities and arctic
council.--The Administrator shall--
(A) require that communities most vulnerable to the
impacts of black carbon, including Arctic indigenous
communities, are consulted throughout the process of
developing and transmitting the report required by this
subsection; and
(B) encourage observers of the Arctic Council
(including India and China) to adopt mitigation plans
consistent with the findings and recommendations of the
Arctic Council's ``Framework for Action on Black Carbon
and Methane''.
TITLE VIII--ECONOMYWIDE POLICIES
Subtitle A--State Climate Plans
SEC. 801. STATE CLIMATE PLANS.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding
after title VI the following new title:
``TITLE VII--STATE CLIMATE PLANS
``SEC. 701. DEFINITIONS.
``In this title:
``(1) 2030 carbon dioxide standard.--The term `2030 carbon
dioxide standard' means a standard which requires each State to
achieve covered emissions of carbon dioxide within such State
by January 1, 2031, at a level to be established by the
Administrator in consideration of the emission reductions
needed to achieve the national interim goal declared by section
101(1) of the CLEAN Future Act.
``(2) 2040 carbon dioxide standard.--The term `2040 carbon
dioxide standard' means a standard which requires each State to
achieve covered emissions of carbon dioxide within such State
by January 1, 2041, at a level to be established by the
Administrator pursuant to section 705.
``(3) 2040 methane standard.--The term `2040 methane
standard' means a standard which requires each State to achieve
covered emissions of methane within such State by January 1,
2041, at a level that is at least 95 percent below such State's
calendar year 2012 emissions of methane.
``(4) Carbon dioxide equivalent.--The term `carbon dioxide
equivalent' means, with respect to a greenhouse gas, the
quantity of such gas that has a global warming potential
equivalent to 1 metric ton of carbon dioxide, as determined
pursuant to table A-1 of subpart A of part 98 of title 40, Code
of Federal Regulations.
``(5) Covered emissions.--
``(A) Subject to subparagraph (B), the term
`covered emissions' means carbon dioxide and methane
emitted by or attributed to sources in a State.
``(B) The term `covered emissions' includes carbon
dioxide and methane emissions that are biogenic
emissions from agriculture and land-use practices only
if such emissions consist of emissions from burning
woody biomass to generate electricity either for sale
to the grid or for onsite industrial use.
``(6) Electric generating unit.--The term `electric
generating unit' means a steam generating unit, integrated
gasification combined cycle, or stationary combustion turbine
that meets the following conditions, as applicable:
``(A) Serves a generator or generators connected to
a utility power distribution system with a nameplate
capacity greater than 25 MW-net.
``(B) Has a base load rating greater than 260
Gigajoules per hour (250 million British Thermal Units
per hour) heat input of fossil fuel (either alone or in
combination with any other fuel).
``(C) Has stationary combustion turbines that are
either a combined cycle or combined heat and power
combustion turbine.
``(7) Greenhouse gas.--The term `greenhouse gas' means each
of the following:
``(A) Carbon dioxide.
``(B) Methane.
``(C) Nitrous oxide.
``(D) Sulfur hexafluoride.
``(E) Hydrofluorocarbons.
``(F) Perfluorocarbons.
``(G) Any other anthropogenic gas designated as a
greenhouse gas by the Administrator or required to be
reported under part 98 of title 40, Code of Federal
Regulations.
``(8) National climate standard.--The term `national
climate standard' means a standard which requires each State to
achieve net-zero covered emissions measured in carbon dioxide
equivalents within such State, after annual accounting for
sources, negative emissions, and sinks of covered emissions
consistent with the reporting of emissions required by this
title by January 1, 2051.
``(9) Negative emissions.--The term `negative emissions'
means greenhouse gases permanently removed from the atmosphere,
other than biogenic removals through land-use and forestry
practices.
``(10) Sink.--The term `sink' means a reservoir of
greenhouse gases removed from the atmosphere through land-use
and forestry practices.
``SEC. 702. INVENTORIES.
``(a) In General.--Not later than 2 years after the date of
enactment of this title, each State shall submit to the Administrator,
with respect to the preceding calendar year, a comprehensive, accurate
inventory of--
``(1) covered emissions, measured in metric tons of carbon
dioxide equivalent, attributed to the combustion of fuels sold
within such State during the respective calendar year;
``(2) actual covered emissions not reported pursuant to
paragraph (1) from all sources emitting at least 25,000 metric
tons of carbon dioxide equivalent during the respective
calendar year located in such State;
``(3) actual covered emissions not reported pursuant to
paragraph (1) or (2) from electric generating units during the
respective calendar year located in such State;
``(4) sinks located in such State during the respective
calendar year, measured in metric tons of carbon dioxide
equivalent;
``(5) negative emissions located in such State during the
respective calendar year, measured in metric tons of carbon
dioxide equivalent; and
``(6) such other data on sources, negative emissions, and
sinks of covered emissions that the Administrator determines
necessary to facilitate the implementation of this title and
the achievement and maintenance of the standards established
under this title.
``(b) Existing Data.--The States may rely on data reported pursuant
to part 98 of title 40, Code of Federal Regulations (or successor
regulations), in developing an inventory under this section, as
appropriate.
``(c) Technical Assistance.--The Administrator shall provide
technical assistance to the States to aid in compliance with the
requirements of this section.
``(d) Updates.--Not later than June 30 of the third calendar year
after the date of enactment of this title, and by June 30 of each year
thereafter, each State shall submit an updated inventory under this
section to the Administrator for the preceding calendar year.
``(e) Sinks.--
``(1) Methodology.--The Administrator shall develop, in
accordance with national inventory accounting guidelines under
the United Nations Framework Convention on Climate Change, a
methodology to quantify, in metric tons of carbon dioxide
equivalent, the greenhouse gases removed from the atmosphere
and sequestered in sinks in the States.
``(2) Process.--For purposes of paragraph (1), the
Administrator--
``(A) shall, not later than 5 years after the date
of enactment of this title, issue such methodology by
proposed regulation;
``(B) shall, not later than 2 years after issuing
such proposed regulation, promulgate such methodology
by final regulation; and
``(C) may from time to time revise such
methodology.
``(3) Delay in reporting requirement.--Notwithstanding the
deadlines in subsections (a) and (d), the reporting requirement
of subsection (a)(4) and subsection (d) with respect to sinks
shall not take effect until June 30 of the second calendar year
following the promulgation of the final methodology required by
paragraph (2)(B).
``SEC. 703. GRANTS FOR PLAN DEVELOPMENT.
``(a) Grants.--The Administrator shall make grants to air pollution
control agencies to assist with the reasonable costs of developing a
State climate plan or plan revision pursuant to this title.
``(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $200,000,000.
``SEC. 704. CLIMATE PLAN PLANNING PERIODS.
``(a) Adoption and Submission.--Each State shall adopt and submit
to the Administrator a climate plan which--
``(1) provides for achieving, by January 1, 2051, the
national climate standard;
``(2) provides for achieving the 2030 carbon dioxide
standard;
``(3) provides for achieving the 2040 carbon dioxide
standard; and
``(4) provides for achieving the 2040 methane standard.
``(b) Planning Period.--For purposes of this title--
``(1) planning period 1 shall be through calendar year
2030;
``(2) planning period 2 shall be for calendar years 2031
through 2040; and
``(3) planning period 3 shall be for calendar years 2041
through 2050.
``(c) Submission Deadlines.--Each State shall submit the plan
required by subsection (a)--
``(1) for planning period 1, not later than 3 years after
the date of enactment of this title;
``(2) for planning period 2, not later than December 31,
2028; and
``(3) for planning period 3, not later than December 31,
2038.
``SEC. 705. REGULATIONS.
``(a) In General.--The Administrator shall--
``(1) not later than 12 months after the date of enactment
of this title, promulgate regulations to implement section 702
which may include revisions, as the Administrator determines
appropriate, to part 98 of title 40, Code of Federal
Regulations, to facilitate the reporting of all emissions
relevant or necessary to implement this title; and
``(2) not later than--
``(A) 18 months after the date of enactment of this
title, promulgate final regulations to carry out this
title for planning period 1;
``(B) January 1, 2027, revise such final
regulations for planning period 2; and
``(C) January 1, 2037, revise such final
regulations for planning period 3.
``(b) Model Control Strategies.--The regulations required by
subsection (a)(2) shall include model control strategies established by
the Administrator, after notice and opportunity for comment, that
States may choose to adopt in climate plans under section 704,
including--
``(1) the climate pollution phaseout control program under
subsection (c);
``(2) a performance-based fuels standard under subsection
(d);
``(3) a carbon removal control strategy under subsection
(e);
``(4) energy efficiency control strategies under subsection
(f);
``(5) provisions to adopt and enforce, pursuant to section
177, California's standards relating to control of emissions
from new motor vehicles or new motor vehicle engines, including
California's zero-emissions vehicle regulations; and
``(6) any other program which, in the judgment of the
Administrator, will facilitate the expeditious progress of the
States toward achieving the standards established under this
title.
``(c) Climate Pollution Phaseout Control Program.--The
Administrator shall establish a model climate pollution phaseout
control program that--
``(1) is administered by the Administrator, with decisions
on matters such as the limit on the aggregated quantity of
covered emissions to be determined after the deadline to submit
the plan for planning period 1;
``(2) addresses covered emissions and covers, at a minimum,
all sources that are--
``(A) located in a State participating in the model
program; and
``(B) emitting 25,000 tons or more of carbon
dioxide equivalent per year;
``(3) determines the number of allowances available each
calendar year, with each allowance authorizing the emission of
1 ton of carbon dioxide equivalent;
``(4) sets a limit on the aggregated quantity of covered
emissions from sources described in paragraph (2) and reduces
such limit annually in a manner consistent with facilitating
achievement of the standards established under this title by
the States participating in the model program;
``(5) provides optional formulas that States participating
in the model program may choose to use in allocating allowances
within the respective State; and
``(6) allows States and sources subject to the program
which hold an allowance or offset credit to, without
restriction, sell, exchange, transfer, hold for compliance, or
request that the Administrator retire the allowance or credit.
``(d) Performance-Based Fuels Standard.--The Administrator shall
establish a model performance-based fuels standard--
``(1) that is based on the average lifecycle greenhouse gas
emissions per unit of energy, of fuels sold or introduced into
commerce, as determined by the Administrator after considering
the aggregate quantity of greenhouse gas emissions (including
direct emissions and significant indirect emissions, such as
significant emissions from land-use changes) related to the
full fuel life cycle, including all stages of fuel and
feedstock production and distribution, from feedstock
generation or extraction through the distribution and delivery
to, and use of, the finished fuel by the ultimate consumer;
``(2) that covers fuels including, at a minimum,
transportation fuels;
``(3) whose objective is to reduce the greenhouse gas
emissions intensity of covered fuels to facilitate achieving
the standards established under this title;
``(4) that requires each fuel provider to demonstrate
compliance with the standard;
``(5) that provides for the generation of credits for fuels
produced or imported that achieve lower greenhouse gas
emissions intensity than is required by the performance-based
fuel standard and allows for banking and trading such credits;
and
``(6) that determines the appropriate amount of credits and
appropriate conditions, if any, on the timing of disbursement,
duration, trading, and use of credits.
``(e) Carbon Removal Control Strategy.--
``(1) In general.--The Administrator, in consultation with
the Secretary of Agriculture and the Secretary of Energy, as
appropriate, shall establish a model carbon removal control
strategy to facilitate practices and activities that result in
net-negative greenhouse gas emissions through natural and
technological solutions.
``(2) Practices and activities.--The model strategy under
paragraph (1)--
``(A) shall limit creditable projects to those that
reduce, avoid, or sequester greenhouse gas emissions
through practices proven to be effective; and
``(B) may include--
``(i) agricultural, grassland, and
rangeland management;
``(ii) forestry and land use activities;
``(iii) manure management and disposal;
``(iv) wastewater and landfill management;
``(v) direct air capture of greenhouse gas
emissions and sequestration; and
``(vi) carbon dioxide capture and
sequestration.
``(3) Methodologies and protocols.--To ensure the
environmental integrity of the model program under paragraph
(1), the Administrator shall include methodologies and
protocols for, with respect to greenhouse gas reductions--
``(A) quantification, including for aggregated
projects;
``(B) verification;
``(C) reporting;
``(D) record-keeping;
``(E) audits; and
``(F) mitigation of leakage.
``(4) Preference.--The model program under paragraph (1)
shall require that greenhouse gas reductions are additional and
permanent.
``(f) Energy Efficiency Control Strategies.--The Administrator, in
consultation with the Secretary of Energy, shall establish model
strategies for carbon dioxide mitigation using energy efficiency for
participating States to facilitate demand-side energy management to
reduce energy use from electricity and fuels used for space and water
heating for industrial, commercial, and residential consumers, which
may include--
``(1) an energy efficiency resource standard;
``(2) a demand response program, including time-based rates
or other forms of financial incentives and direct load control
programs;
``(3) adoption and enforcement of energy- and water-savings
model building codes;
``(4) programs to promote energy efficient retrofits of
existing buildings;
``(5) incentives, rebates, and other financing options for
adoption of cost-effective energy savings technologies,
including ENERGY STAR products, with provisions to ensure that
low-income communities can access these incentives, rebates,
and other financing options;
``(6) programs to promote cost-effective fuel-switching of
residential and commercial building space heating and water
heating loads;
``(7) programs to support adoption and certification to ISO
50001 (or any successor standard) or a comparable energy
management system; and
``(8) practices to measure, verify, and report energy
savings achieved.
``(g) Subsequent Planning Periods.--
``(1) In general.--The requirements of the regulations
under subsection (a)(2) that apply to planning period 1 shall
continue to apply to subsequent planning periods, as
applicable.
``(2) Planning period 2.--
``(A) Targets.--The regulations under subsection
(a)(2) for planning period 2 shall include--
``(i) requirements for maintenance of the
2030 carbon dioxide standard;
``(ii) establishment of, and requirements
and guidance relevant to, the 2040 carbon
dioxide standard; and
``(iii) requirements and guidance relevant
to the 2040 methane standard.
``(B) Considerations for 2040 carbon dioxide
standard.--In determining the 2040 carbon dioxide
standard, the Administrator shall take into
consideration--
``(i) the best available science on the
needed pace of reducing greenhouse gas
emissions to limit global warming to 1.5
Celsius;
``(ii) the international commitments by the
United States to address climate change, so as
to ensure that such standard is, at a minimum,
consistent with such commitments;
``(iii) the degree of progress considered
necessary by calendar year 2040 to maximize the
likelihood that there is an economically and
technically feasible path forward from such
date to achieve the national climate standard;
and
``(iv) the projected emissions reductions
from every State's plan under this title and
projected emissions reductions from all other
enforceable domestic greenhouse gas reduction
measures.
``(3) Planning period 3.--The regulations under subsection
(a)(2) for planning period 3 shall include--
``(A) requirements for maintenance of the 2040
carbon dioxide standard and the 2040 methane standard;
and
``(B) such other provisions as the Administrator
determines necessary for the achievement of the
national climate standard.
``(h) Rulemakings.--In exercising any requirement or authority in
this title to act by regulation, the Administrator shall comply with
the requirements of section 307(d).
``(i) Guidelines, Interpretations, and Information.--In order to
facilitate submission by the States of adequate and approvable plans
consistent with the applicable requirements of this title, the
Administrator shall, as appropriate and from time to time, issue
written guidelines, interpretations, and information to the States
which shall be available to the public.
``SEC. 706. STATE CLIMATE PLAN CONTENTS.
``(a) Required Contents.--Each climate plan or revision thereto
submitted by a State under this title shall be adopted by the State
after reasonable notice and public hearing. Each such climate plan
shall--
``(1) include enforceable emission limitations and other
control measures, means, or techniques (including economic
incentives such as fees, marketable permits, and auctions of
emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the
applicable requirements of this title;
``(2) provide for establishment and operation of
appropriate devices, methods, systems, and procedures necessary
to--
``(A) monitor, compile, and analyze data on covered
emissions, negative emissions, and sinks; and
``(B) upon request, make such data available to the
Administrator;
``(3) include a program to provide for the enforcement of
the emission limitations and other control measures, means, or
techniques described in paragraph (1);
``(4) provide necessary assurances that--
``(A) the State (or, except where the Administrator
determines inappropriate, the general purpose local
government or governments, or a regional agency
designated by the State or general purpose local
government or governments)--
``(i) will have adequate personnel,
funding, and authority under State law to carry
out such climate plan; and
``(ii) is not prohibited by any Federal or
State law from carrying out such climate plan
or any portion thereof;
``(B) the State will apply the requirements of
section 128 to any board or body that approves permits
or enforcement orders under this title; and
``(C) where the State relies on a local or regional
government, agency, or instrumentality for the
implementation of any plan provision, the State will be
responsible for ensuring adequate implementation of
such plan provision;
``(5) require, as may be prescribed by the Administrator--
``(A) the installation, maintenance, and
replacement of equipment, and the implementation of
other necessary steps, by owners or operators of
stationary sources to monitor emissions from sources of
covered emissions;
``(B) periodic reports on the nature and amounts of
emissions and emissions-related data from such sources;
and
``(C) correlation of such reports by the State with
the standards established pursuant to this title, which
reports shall be available on the internet for public
inspection;
``(6) provide for revision of such climate plan--
``(A) from time to time as may be necessary to take
account of revisions of the standards established under
this title or the availability of improved or more
expeditious methods of achieving such standards; and
``(B) whenever the Administrator finds on the basis
of information available to the Administrator that the
climate plan is substantially inadequate to achieve any
of the standards established under this title or to
otherwise comply with any additional requirements
established under this title; and
``(7) provide for consultation and participation by local
political subdivisions affected by the climate plan.
``(b) Just and Equitable Transition.--
``(1) In general.--A State climate plan under this title
shall contain a just and equitable transition element that
addresses how the State will--
``(A) improve public health, resilience, and
environmental outcomes, especially for rural
communities, low-income communities, communities of
color, indigenous communities, deindustrialized
communities, and climate-impacted communities that are
or are likely to be disproportionately affected by
climate change or other pollution; and
``(B) ensure fairness and equity for workers and
communities affected by the implementation of this
title.
``(2) Definitions.--In this subsection--
``(A) the terms `community of color', `indigenous
community', and `low-income community' have the meaning
given such terms in section 601 of the CLEAN Future
Act; and
``(B) the term `climate-impacted communities' has
the meaning given such term in section 1621 of the
Energy Policy Act of 2005.
``(c) Contingency Measures.--A State climate plan under this title
shall provide for the implementation of specific measures that--
``(1) will apply if the State fails to timely achieve an
applicable standard under this title; and
``(2) will apply by operation of the plan without further
action by the State or the Administrator.
``SEC. 707. EPA ACTION ON PLAN SUBMISSIONS.
``(a) Completeness of Plan Submissions.--
``(1) Completeness criteria.--Not later than 18 months
after the date of the enactment of this title, the
Administrator shall promulgate minimum criteria that any State
climate plan or plan revision submitted under this title must
meet before the Administrator is required to act on such
submission. The criteria shall be limited to the information
necessary to enable the Administrator to determine whether the
submission complies with this title.
``(2) Completeness finding.--Not later than 60 days after
the Administrator's receipt of a State climate plan or plan
revision under this title, the Administrator shall determine
whether the minimum criteria promulgated pursuant to paragraph
(1) have been met. If the Administrator fails to determine
whether a State climate plan or plan revision submitted under
this title meets such minimum criteria by the date that is 6
months after receipt of the submission, such plan or plan
revision is deemed to meet such minimum criteria.
``(3) Effect of finding of incompleteness.--Where the
Administrator determines under paragraph (2) that a plan or
plan revision (or part thereof) submitted under this title does
not meet the minimum criteria promulgated pursuant to paragraph
(1), the Administrator shall treat such plan or plan revision
(or, in the Administrator's discretion, part thereof) as having
not been submitted.
``(b) Deadline for Action.--Not later than 12 months after a
determination by the Administrator (or a determination deemed by
operation of law) under subsection (a) that a State has submitted a
plan or plan revision (or, in the Administrator's discretion, part
thereof) that meets the minimum criteria promulgated pursuant to
subsection (a), the Administrator shall act on the submission in
accordance with subsection (c).
``(c) Full and Partial Approval and Disapproval.--In the case of
any submission of a plan or plan revision on which the Administrator is
required to act under subsection (b), the Administrator--
``(1) shall approve such plan or plan revision as a whole
if it meets all of the applicable requirements of this title;
``(2) if a portion of the plan or plan revision meets all
the applicable requirements of this title, may approve the plan
or plan revision in part and disapprove the plan or plan
revision in part; and
``(3) shall not treat the plan revision as meeting the
requirements of this title until the Administrator approves the
entire plan revision as complying with the applicable
requirements of this title.
``(d) Calls for Plan Revisions.--
``(1) In general.--Whenever the Administrator finds that
the applicable climate plan for any State is substantially
inadequate to achieve any applicable standard established under
this title or to maintain the national climate standard, or to
otherwise comply with any requirement of this title, the
Administrator shall require the State to revise the plan as
necessary to correct all such inadequacies.
``(2) Notification.--The Administrator shall notify the
State of such inadequacies, and may establish reasonable
deadlines (not to exceed 12 months after the date of such
notice) for the submission of such plan revisions.
``(3) Public availability.--Such findings and notice shall
be public.
``(e) Plan Revisions.--The Administrator shall not approve a
revision of a climate plan if the revision would interfere with--
``(1) any applicable requirement concerning achievement of
a standard established under this title; or
``(2) any other applicable requirement of this title.
``(f) Corrections.--Whenever the Administrator determines that the
approval or disapproval of any plan or plan revision (or part thereof)
under this section was in error, the Administrator may in the same
manner as the approval or disapproval, revise such action as
appropriate without requiring any further submission from the State.
Such determination and the basis thereof shall be provided to the State
and public.
``(g) Plan Revisions Required in Response to Finding of Plan
Inadequacy.--Any plan revision that is required to be submitted in
response to a finding by the Administrator pursuant to subsection (d)
shall correct the plan inadequacy (or inadequacies) specified by the
Administrator and meet all other applicable plan requirements of this
title.
``(h) Reports.--The Administrator may require a State to submit
reports relating to emissions reductions, vehicle miles traveled,
congestion levels, and any other information the Administrator
determines necessary to assess the development, effectiveness, need for
revision, or implementation of any plan or plan revision required under
this title.
``(i) Comprehensive Document.--Not later than 5 years after the
date of enactment of this title, and every 3 years thereafter, the
Administrator shall assemble and publish a comprehensive document for
each State setting forth all requirements of the applicable climate
plan for such State and shall publish notice in the Federal Register of
the availability of each such document.
``(j) Indian Tribes.--If an Indian tribe submits a climate plan
under this title to the Administrator pursuant to section 301(d), the
Administrator shall review the plan in accordance with the provisions
of this section for review of a State plan, except as otherwise
provided by a regulation consistent with the requirements of this title
promulgated pursuant to section 301(d)(2). When such plan becomes
effective in accordance with the regulations promulgated under section
301(d), the plan shall become applicable to all areas (except as
expressly provided otherwise in the plan) located within the exterior
boundaries of the reservation, notwithstanding the issuance of any
patent and including rights-of-way running through the reservation.
``SEC. 708. METROPOLITAN PLANNING AND TRANSPORTATION CONSEQUENCES.
``(a) In General.--Subsections (c) and (d) of section 176 shall
apply with respect to a climate plan under section 704 to the same
extent and in the same manner as such subsections apply with respect to
an implementation plan under section 110.
``(b) References.--In applying subsection (a) of this section,
references in subsection (c) or (d) of section 176 to national ambient
air quality standards shall be treated as references to the standards
established under this title.
``SEC. 709. JOINT PLANNING.
``(a) In General.--Two or more States may jointly submit climate
plans or components thereof to achieve the standards established under
this title--
``(1) for all of the submitting States; or
``(2) for specific economic sectors in the submitting
States.
``(b) Evaluation of Joint Submissions.--The Administrator shall
treat States that submit climate plans or components jointly pursuant
to subsection (a) as a single jurisdiction when--
``(1) evaluating the adequacy of the joint plan or
component under this title; and
``(2) determining under section 711 whether the States have
achieved the applicable standards established under this title.
``SEC. 710. MAINTENANCE PLANS.
``(a) Plan Revision.--Each State that submits to the Administrator
a request for designation as having achieved the national climate
standard shall submit a revision to the State climate plan for
maintaining the national climate standard for at least 10 years after
such designation.
``(b) Subsequent Plan Revision.--Not later than 8 years after the
Administrator designates a State as achieving the national climate
standard, the State shall submit to the Administrator an additional
revision to the State climate plan for maintaining the national climate
standard for 10 years after the expiration of the 10-year period
referred to in subsection (a).
``(c) Additional Measures.--Each plan revision submitted under this
section shall include in the revision such additional measures, if any,
as may be necessary to ensure maintenance of the national climate
standard.
``(d) Contingency Provisions.--Each plan revision submitted under
this section shall--
``(1) contain such contingency provisions as the
Administrator determines necessary to ensure that the State
will promptly correct any violation of the national climate
standard which occurs after the designation under section 711
of the State as achieving such standard; and
``(2) include in such contingency provisions a requirement
that the State will implement all measures with respect to the
control of covered emissions which were contained in the State
climate plan before such designation.
``SEC. 711. ACHIEVEMENT OF STANDARDS.
``(a) Determination.--
``(1) In general.--As expeditiously as practicable after
any date by which a State is required to achieve a standard
established under this title, but not later than 12 months
after such date, the Administrator shall determine whether each
State achieved the applicable standard by that date.
``(2) Revision.--The Administrator may revise or supplement
a determination under paragraph (1) at any time based on more
complete information or analysis concerning the State's
inventory under section 702.
``(b) Designation.--The Administrator may, upon request by a State,
designate the State as having achieved a standard established under
this title, if--
``(1) the Administrator determines under subsection (a)
that the State has achieved the applicable standard;
``(2) the Administrator has fully approved the climate plan
required by this title for the State;
``(3) the Administrator determines that reduction in
covered emissions is due to permanent and enforceable
reductions in emissions resulting from implementation of the
climate plan and applicable Federal laws or regulations and
other permanent and enforceable reductions;
``(4) if applicable, the Administrator has fully approved
under section 710 a revision by the State to a climate plan for
maintaining the national climate standard; and
``(5) the State has met all requirements applicable under
this title.
``(c) Accounting.--The Administrator shall promulgate regulations
setting forth the manner by which the Administrator will determine
under subsection (a) whether a State has achieved a standard
established under this title. Such regulations shall provide that the
Administrator shall account for offsets possessed and submitted by a
State for purposes of demonstrating achievement of the national climate
standard. In determining whether a State has achieved the national
climate standard, the Administrator shall account for negative
emissions and sinks.
``SEC. 712. NOTICE OF FAILURE TO ACHIEVE A STANDARD.
``Not later than 30 days after making a determination under section
711 that a State has failed to timely achieve a standard established
under this title, the Administrator shall publish a notice in the
Federal Register containing such determination.
``SEC. 713. CONSEQUENCES FOR FAILURE TO ACHIEVE STANDARDS.
``(a) In General.--A State shall submit a revision to its climate
plan in accordance with this section not later than 1 year after--
``(1) the Administrator publishes a notice under section
712 of a determination that such State has failed to timely
achieve a standard established under this title; or
``(2) such State submits an inventory under section 702
demonstrating that it has failed to timely achieve a standard
established under this title, irrespective of whether the
Administrator has published a notice of such failure under
section 712.
``(b) Failure To Achieve 2030 Carbon Dioxide Standard.--
``(1) Required revision.--If a State fails to timely
achieve the 2030 carbon dioxide standard as described in
subsection (a), the State shall submit a plan revision to its
State climate plan that--
``(A) provides for achieving the 2030 carbon
dioxide standard;
``(B) provides for, from the date of such
submission until achieving the 2030 carbon dioxide
standard, an annual reduction in covered emissions
within the State of not less than 5 percent of the
amount of such emissions as reported in the calendar
year 2030 inventory submitted by the State; and
``(C) ensures that the revised plan requires that--
``(i) a permit must be obtained for the
construction and operation of any new or
modified source of covered emissions in the
State that emits 25,000 tons or more per year
of carbon dioxide equivalent;
``(ii) the owner or operator of--
``(I) such a modified source must
offset its increased covered emissions
attributable to such each such
modification by obtaining emissions
reductions from the same source or
other sources in the same State on a 2-
to-1 ratio of emissions reductions to
increased covered emissions by tonnage;
and
``(II) such a new source must
offset its covered emissions by
obtaining emissions reductions from the
same source or other sources in the
same State on a 2-to-1 ratio of
emissions reductions to covered
emissions by tonnage;
``(iii) such covered emissions reductions
must be, by the time a new or modified source
described in clause (i) commences operation, in
effect and enforceable;
``(iv) emissions reductions required under
any Federal or State law other than this title
are not creditable as emissions reductions for
purposes of the offset requirement under this
paragraph; and
``(v) any emissions reductions required
pursuant to this paragraph as a precondition of
the issuance of a permit are federally
enforceable before such permit may be issued.
``(2) Cessation.--The requirements of this subsection cease
to apply with respect to a State described in paragraph (1)
once such State has--
``(A) achieved the 2030 carbon dioxide standard and
received a designation of such achievement under
section 711; and
``(B) obtained the Administrator's approval of a
climate plan for the State for planning period 2,
including a satisfactory demonstration that the plan
will result in achieving the 2040 carbon dioxide
standard.
``(c) Failure To Achieve 2040 Carbon Dioxide Standard.--
``(1) Required revision.--If a State fails to timely
achieve the 2040 carbon dioxide standard as described in
subsection (a), the State shall submit a plan revision for the
applicable State climate plan that--
``(A) provides for achievement of the 2040 carbon
dioxide standard;
``(B) provides for, from the date of such
submission until achievement of the 2040 carbon dioxide
standard, an annual reduction in covered emissions
within the State of not less than 10 percent of the
amount of such emissions as reported in the calendar
year 2040 inventory submitted by the State; and
``(C) ensures that the revised plan includes each
requirement listed in subsection (b)(1)(C), except that
the reference to any 2-to-1 ratio in such subsection
shall be treated as a reference to a 3-to-1 ratio for
purposes of this subsection.
``(2) Cessation.--The requirements of this subsection cease
to apply with respect to a State described in paragraph (1)
once such State has--
``(A) achieved the 2040 carbon dioxide standard and
received a designation of such achievement under
section 711; and
``(B) obtained the Administrator's approval of the
climate plan for the State for planning period 3,
including a satisfactory demonstration that the plan
will result in achieving the national climate standard.
``(d) Failure To Achieve 2040 Methane Standard.--
``(1) Required revision.--If a State fails to timely
achieve the 2040 methane standard as described in subsection
(a), the State shall submit a plan revision for the applicable
State climate plan that--
``(A) provides for achievement of the 2040 methane
standard; and
``(B) provides for, from the date of such
submission until achievement of the 2040 methane
standard, an annual reduction in covered emissions of
methane within the State of not less than 5 percent of
the amount of such emissions as reported in the
calendar year 2040 inventory submitted by the State.
``(2) Cessation.--The requirements of this subsection cease
to apply with respect to a State described in paragraph (1)
once such State has--
``(A) achieved the 2040 methane standard and
received a designation of such achievement under
section 711; and
``(B) obtained the Administrator's approval of the
climate plan for the State for planning period 3,
including a satisfactory demonstration that the plan
will result in achieving the national climate standard.
``(e) Failure To Achieve National Climate Standard.--If a State
fails to timely achieve the national climate standard as described in
subsection (a), the State shall submit a plan revision for the
applicable State climate plan that--
``(1) provides for achievement of the national climate
standard; and
``(2) provides for, from the date of such submission until
achievement of the national climate standard, an annual
reduction in covered emissions within the State of not less
than 10 percent of the amount of such emissions as reported in
the calendar year 2050 inventory submitted by the State.
``(f) Measures To Include.--A plan revision required by this
section shall include such additional measures as the Administrator may
reasonably by regulation prescribe, including measures that can be
feasibly implemented in the State in light of technological
achievability, costs, and any non-air quality and other air quality-
related health and environmental impacts.
``SEC. 714. RACE TO NET-ZERO GRANT PROGRAM.
``(a) Establishment.--Not later than 12 months after the date of
enactment of this title, the Administrator shall establish a grant
program to be known as the Race to Net-Zero Grant Program.
``(b) Distribution.--Sources that paid a carbon fee under section
715 for the current or preceding fiscal year may apply for and receive
funds under the grant program established under subsection (a) in order
to facilitate the achievement of the standards under this title through
the reduction of covered emissions, through the following activities:
``(1) Any project that the Administrator determines will
directly reduce covered emissions at the source receiving the
grant, including any such project for improving energy
efficiency.
``(2) Implementation of the practices and activities
included in the carbon removal model control strategy under
section 705(e).
``(3) Implementation of zero-emissions transportation
technology development and deployment strategies, including
deployment of--
``(A) zero-emission vehicles, including light-,
medium-, and heavy-duty vehicles; and
``(B) distribution and delivery infrastructure to
support zero-emissions vehicle charging and refueling,
including improvements to electrical grid
infrastructure.
``(4) Electrification of residential and commercial energy
uses that results in the reduced demand for natural gas,
heating oil, gasoline, diesel fuel, or propane.
``(5) Emissions reductions from industrial sources.
``(6) Reduction, capture, and use of landfill gas.
``(c) Action by Grantees.--A source that receives funds under this
section shall maintain such records on the use of such funds, including
evidence of compliance with the provisions of this section, as the
Administrator may require.
``(d) Guidelines and Criteria.--The Administrator may issue such
guidelines and criteria for the grant program under this section as the
Administrator determines to be appropriate.
``(e) Davis-Bacon.--Notwithstanding any other provision of law and
in a manner consistent with other provisions in this section, to
receive funding under this section, a source shall provide reasonable
assurances that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or
in part by and through the Federal Government pursuant to this section,
will 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 title 40,
United States Code. With respect to the labor standards specified in
this subsection, 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.
``SEC. 715. FEDERAL BACKSTOP CARBON FEE.
``(a) Application.--
``(1) States in which fee applies.--A carbon fee under this
section shall only be assessed and collected with respect to
covered emissions in--
``(A) a State that does not submit a climate plan
or plan revision required under this title by the
applicable deadline; and
``(B) a State for which the Administrator
disapproves, in whole or in part, the climate plan or
any plan revision required under this title.
``(2) Timing.--A carbon fee under this section shall be
assessed and collected--
``(A) with respect to a State described in
paragraph (1)(A), beginning 180 days after the
applicable deadline described in such paragraph; and
``(B) with respect to a State described in
paragraph (1)(B), beginning 180 days after publication
of the notice of disapproval.
``(b) Carbon Fee.--Subject to subsection (a), the Administrator
shall annually assess and collect a carbon fee from--
``(1) each terminal used for bulk storage of, and each
distributor of, fuels that are described in section 702(a)(1),
as determined by the Administrator, based on the amount of
covered emissions attributable to the combustion of such fuels
sold or transferred by the terminal or distributor for delivery
in each State in which the fee is being assessed; and
``(2) each source of covered emissions that is described in
paragraph (2) or (3) of section 702(a) based on the amount of
covered emissions attributable to such source in the inventory
submitted pursuant to section 702 by a State in which the fee
is being assessed.
``(c) Amount of the Carbon Fee.--Not later than 90 days after a
triggering event described in subsection (a)(1) occurs with respect to
a State, the Administrator shall set the amount of a carbon fee to be
collected under subsection (b). Such amount shall be equal to--
``(1) the number of metric tons of covered emissions,
measured in carbon dioxide equivalent that are attributable, as
described in subsection (b), to the terminal used for bulk
storage of fuels, distributor of fuels, or source of covered
emissions; multiplied by
``(2) a dollar amount which modeling predicts with a high
degree of confidence will reduce covered emissions in the State
so as to put the State on a trajectory to timely achieve the
standards established under this title.
``(d) Exemption and Refund.--The Administrator shall--
``(1) ensure a carbon fee under this section is not
assessed and collected with respect to any nonemitting use
within the State in which the fee is being assessed; and
``(2) provide for the refund of any carbon fee paid under
this section with respect to a nonemitting use within the State
in which the fee is being assessed.
``(e) Availability.--All carbon fees collected under this section
shall be available for, and used solely to fund, the program under
section 714, without further appropriation and without fiscal year
limitation.
``SEC. 716. RULE OF CONSTRUCTION.
``Nothing in this title affects the authorities and obligations of
the Administrator and the States under other titles of this Act to
reduce greenhouse gas emissions that contribute to air pollution which
may reasonably be anticipated to endanger public health or welfare in
the United States or other nations.''.
Subtitle B--Clean Energy and Sustainability Accelerator
SEC. 811. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.
Title XVI of the Energy Policy Act of 2005 (Public Law 109-58, as
amended) is amended by adding at the end the following new subtitle:
``Subtitle C--Clean Energy and Sustainability Accelerator
``SEC. 1621. DEFINITIONS.
``In this subtitle:
``(1) Accelerator.--The term `Accelerator' means the Clean
Energy and Sustainability Accelerator established under section
1622.
``(2) Board.--The term `Board' means the Board of Directors
of the Accelerator.
``(3) Chief executive officer.--The term `chief executive
officer' means the chief executive officer of the Accelerator.
``(4) Climate-impacted communities.--The term `climate-
impacted communities' includes--
``(A) communities of color, which include any
geographically distinct area the population of color of
which is higher than the average population of color of
the State in which the community is located;
``(B) communities that are already or are likely to
be the first communities to feel the direct negative
effects of climate change;
``(C) distressed neighborhoods, demonstrated by
indicators of need, including poverty, childhood
obesity rates, academic failure, and rates of juvenile
delinquency, adjudication, or incarceration;
``(D) low-income communities, defined as any census
block group in which 30 percent or more of the
population are individuals with low income;
``(E) low-income households, defined as a household
with annual income equal to, or less than, the greater
of--
``(i) an amount equal to 80 percent of the
median income of the area in which the
household is located, as reported by the
Department of Housing and Urban Development;
and
``(ii) 200 percent of the Federal poverty
line;
``(F) Tribal communities;
``(G) persistent poverty counties, defined as any
county that has had a poverty rate of 20 percent or
more for the past 30 years as measured by the 2000,
2010, and 2020 decennial censuses;
``(H) communities disproportionately affected by
environmental pollution and other hazards that can lead
to negative public health effects; and
``(I) communities that are economically reliant on
fossil fuel-based industries.
``(5) Climate resilient infrastructure.--The term `climate
resilient infrastructure' means any project that builds or
enhances infrastructure so that such infrastructure--
``(A) is planned, designed, and operated in a way
that anticipates, prepares for, and adapts to changing
climate conditions; and
``(B) can withstand, respond to, and recover
rapidly from disruptions caused by these climate
conditions.
``(6) Electrification.--The term `electrification' means
the installation, construction, or use of end-use electric
technology that replaces existing fossil-fuel-based technology.
``(7) Energy efficiency.--The term `energy efficiency'
means any project, technology, function, or measure that
results in the reduction of energy use required to achieve the
same level of service or output prior to the application of
such project, technology, function, or measure, or
substantially reduces greenhouse gas emissions relative to
emissions that would have occurred prior to the application of
such project, technology, function, or measure.
``(8) Fuel switching.--The term `fuel switching' means any
project that replaces a fossil-fuel-based heating system with
an electric-powered system or one powered by biomass-generated
heat.
``(9) Green bank.--The term `green bank' means a dedicated
public or nonprofit specialized finance entity that--
``(A) is designed to drive private capital into
market gaps for low- and zero-emission goods and
services;
``(B) uses finance tools to mitigate climate
change;
``(C) does not take deposits;
``(D) is funded by government, public, private, or
charitable contributions; and
``(E) invests or finances projects--
``(i) alone; or
``(ii) in conjunction with other investors.
``(10) Qualified projects.--The term `qualified projects'
means the following kinds of technologies and activities that
are eligible for financing and investment from the Clean Energy
and Sustainability Accelerator, either directly or through
State, Territorial, and local green banks funded by the Clean
Energy and Sustainability Accelerator:
``(A) Renewable energy generation, including the
following:
``(i) Solar.
``(ii) Wind.
``(iii) Geothermal.
``(iv) Hydropower.
``(v) Ocean and hydrokinetic.
``(vi) Fuel cell.
``(B) Building energy efficiency, fuel switching,
and electrification.
``(C) Industrial decarbonization.
``(D) Grid technology such as transmission,
distribution, and storage to support clean energy
distribution, including smart-grid applications.
``(E) Agriculture and forestry projects that reduce
net greenhouse gas emissions.
``(F) Clean transportation, including the
following:
``(i) Battery electric vehicles.
``(ii) Plug-in hybrid electric vehicles.
``(iii) Hydrogen vehicles.
``(iv) Other zero-emissions fueled
vehicles.
``(v) Related vehicle charging and fueling
infrastructure.
``(G) Climate resilient infrastructure.
``(H) Any other key areas identified by the Board
as consistent with the mandate of the Accelerator as
described in section 1623.
``(11) Renewable energy generation.--The term `renewable
energy generation' means electricity created by sources that
are continually replenished by nature, such as the sun, wind,
and water.
``SEC. 1622. ESTABLISHMENT.
``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, there shall be established a nonprofit
corporation to be known as the Clean Energy and Sustainability
Accelerator.
``(b) Limitation.--The Accelerator shall not be an agency or
instrumentality of the Federal Government.
``(c) Full Faith and Credit.--The full faith and credit of the
United States shall not extend to the Accelerator.
``(d) Nonprofit Status.--The Accelerator shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``SEC. 1623. MANDATE.
``The Accelerator shall make the United States a world leader in
combating the causes and effects of climate change through the rapid
deployment of mature technologies and scaling of new technologies by
maximizing the reduction of emissions in the United States for every
dollar deployed by the Accelerator, including by--
``(1) providing financing support for investments in the
United States in low- and zero-emissions technologies and
processes in order to rapidly accelerate market penetration;
``(2) catalyzing and mobilizing private capital through
Federal investment and supporting a more robust marketplace for
clean technologies, while avoiding competition with private
investment;
``(3) enabling climate-impacted communities to benefit from
and afford projects and investments that reduce emissions;
``(4) providing support for workers and communities
impacted by the transition to a low-carbon economy;
``(5) supporting the creation of green banks within the
United States where green banks do not exist; and
``(6) causing the rapid transition to a clean energy
economy without raising energy costs to end users and seeking
to lower costs where possible.
``SEC. 1624. FINANCE AND INVESTMENT DIVISION.
``(a) In General.--There shall be within the Accelerator a finance
and investment division, which shall be responsible for--
``(1) the Accelerator's greenhouse gas emissions mitigation
efforts by directly financing qualifying projects or doing so
indirectly by providing capital to State, Territorial, and
local green banks;
``(2) originating, evaluating, underwriting, and closing
the Accelerator's financing and investment transactions in
qualified projects;
``(3) partnering with private capital providers and capital
markets to attract coinvestment from private banks, investors,
and others in order to drive new investment into
underpenetrated markets, to increase the efficiency of private
capital markets with respect to investing in greenhouse gas
reduction projects, and to increase total investment caused by
the Accelerator;
``(4) managing the Accelerator's portfolio of assets to
ensure performance and monitor risk;
``(5) ensuring appropriate debt and risk mitigation
products are offered; and
``(6) overseeing prudent, noncontrolling equity
investments.
``(b) Products and Investment Types.--The finance and investment
division of the Accelerator may provide capital to qualified projects
in the form of--
``(1) senior, mezzanine, and subordinated debt;
``(2) credit enhancements including loan loss reserves and
loan guarantees;
``(3) aggregation and warehousing;
``(4) equity capital; and
``(5) any other financial product approved by the Board.
``(c) State, Territorial, and Local Green Bank Capitalization.--The
finance and investment division of the Accelerator shall make capital
available to State, Territorial, and local green banks to enable such
banks to finance qualifying projects in their markets that are better
served by a locally based entity, rather than through direct investment
by the Accelerator.
``(d) Investment Committee.--The debt, risk mitigation, and equity
investments made by the Accelerator shall be--
``(1) approved by the investment committee of the Board;
and
``(2) consistent with an investment policy that has been
established by the investment committee of the Board in
consultation with the risk management committee of the Board.
``SEC. 1625. START-UP DIVISION.
``There shall be within the Accelerator a Start-up Division, which
shall be responsible for providing technical assistance and start-up
funding to States and other political subdivisions that do not have
green banks to establish green banks in those States and political
subdivisions, including by working with relevant stakeholders in those
States and political subdivisions.
``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING
PROGRAM.
``Not later than 1 year after the date of establishment of the
Accelerator, the Accelerator shall explore the establishment of a
program to provide low- and zero-interest loans, up to 30 years in
length, to any school, metropolitan planning organization, or nonprofit
organization seeking financing for the acquisition of zero-emissions
vehicle fleets or associated infrastructure to support zero-emissions
vehicle fleets.
``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.
``(a) Emissions Reduction Mandate.--In investing in projects that
mitigate greenhouse gas emissions, the Accelerator shall maximize the
reduction of emissions in the United States for every dollar deployed
by the Accelerator.
``(b) Environmental Justice Prioritization.--
``(1) In general.--In order to address environmental
justice needs, the Accelerator shall, as applicable, prioritize
the provision of program benefits and investment activity that
are expected to directly or indirectly result in the deployment
of projects to serve, as a matter of official policy, climate-
impacted communities.
``(2) Minimum percentage.--The Accelerator shall ensure
that over the 30-year period of its charter 40 percent of its
investment activity is directed to serve climate-impacted
communities.
``(c) Consumer Protection.--
``(1) Prioritization.--Consistent with the mandate under
section 1623 to maximize the reduction of emissions in the
United States for every dollar deployed by the Accelerator, the
Accelerator shall prioritize qualified projects according to
benefits conferred on consumers and affected communities.
``(2) Consumer credit protection.--The Accelerator shall
ensure that any residential energy efficiency or distributed
clean energy project in which the Accelerator invests directly
or indirectly complies with the requirements of the Consumer
Credit Protection Act (15 U.S.C. 1601 et seq.), including, in
the case of a financial product that is a residential mortgage
loan, any requirements of title I of that Act relating to
residential mortgage loans (including any regulations
promulgated by the Bureau of Consumer Financial Protection
under section 129C(b)(3)(C) of that Act (15 U.S.C.
1639c(b)(3)(C))).
``(d) Labor.--
``(1) In general.--The Accelerator shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed directly by the
Accelerator will be paid wages not less than those prevailing
on similar construction in the locality, as determined by the
Secretary of Labor under sections 3141 through 3144, 3146, and
3147 of title 40, United States Code.
``(2) Project labor agreement.--The Accelerator shall
ensure that projects financed directly by the Accelerator with
total capital costs of $100,000,000 or greater utilize a
project labor agreement.
``SEC. 1628. EXPLORATION OF ACCELERATED CLEAN ENERGY TRANSITION
PROGRAM.
``Not later than 1 year after the date on which the Accelerator is
established, the Board shall explore the establishment of an
accelerated clean energy transition program--
``(1) to expedite the transition within the power sector to
zero-emissions power generation facilities or assets; and
``(2) to simultaneously invest in local economic
development in communities affected by this transition away
from carbon-intensive facilities or assets.
``SEC. 1629. BOARD OF DIRECTORS.
``(a) In General.--The Accelerator shall operate under the
direction of a Board of Directors, which shall be composed of 7
members.
``(b) Initial Composition and Terms.--
``(1) Selection.--The initial members of the Board shall be
selected as follows:
``(A) Appointed members.--Three members shall be
appointed by the President, with the advice and consent
of the Senate, of whom no more than two shall belong to
the same political party.
``(B) Elected members.--Four members shall be
elected unanimously by the 3 members appointed and
confirmed pursuant to subparagraph (A).
``(2) Terms.--The terms of the initial members of the Board
shall be as follows:
``(A) The 3 members appointed and confirmed under
paragraph (1)(A) shall have initial 5-year terms.
``(B) Of the 4 members elected under paragraph
(1)(B), 2 shall have initial 3-year terms, and 2 shall
have initial 4-year terms.
``(c) Subsequent Composition and Terms.--
``(1) Selection.--Except for the selection of the initial
members of the Board for their initial terms under subsection
(b), the members of the Board shall be elected by the members
of the Board.
``(2) Disqualification.--A member of the Board shall be
disqualified from voting for any position on the Board for
which such member is a candidate.
``(3) Terms.--All members elected pursuant to paragraph (1)
shall have a term of 5 years.
``(d) Qualifications.--The members of the Board shall collectively
have expertise in--
``(1) the fields of clean energy, electric utilities,
industrial decarbonization, clean transportation, resiliency,
and agriculture and forestry practices;
``(2) climate change science;
``(3) finance and investments; and
``(4) environmental justice and matters related to the
energy and environmental needs of climate-impacted communities.
``(e) Restriction on Membership.--No officer or employee of the
Federal or any other level of government may be appointed or elected as
a member of the Board.
``(f) Quorum.--Five members of the Board shall constitute a quorum.
``(g) Bylaws.--
``(1) In general.--The Board shall adopt, and may amend,
such bylaws as are necessary for the proper management and
functioning of the Accelerator.
``(2) Officers.--In the bylaws described in paragraph (1),
the Board shall--
``(A) designate the officers of the Accelerator;
and
``(B) prescribe the duties of those officers.
``(h) Vacancies.--Any vacancy on the Board shall be filled through
election by the Board.
``(i) Interim Appointments.--A member elected to fill a vacancy
occurring before the expiration of the term for which the predecessor
of that member was appointed or elected shall serve for the remainder
of the term for which the predecessor of that member was appointed or
elected.
``(j) Reappointment.--A member of the Board may be elected for not
more than 1 additional term of service as a member of the Board.
``(k) Continuation of Service.--A member of the Board whose term
has expired may continue to serve on the Board until the date on which
a successor member is elected.
``(l) Chief Executive Officer.--The Board shall appoint a chief
executive officer who shall be responsible for--
``(1) hiring employees of the Accelerator;
``(2) establishing the 2 divisions of the Accelerator
described in sections 1624 and 1625; and
``(3) performing any other tasks necessary for the day-to-
day operations of the Accelerator.
``(m) Advisory Committee.--
``(1) Establishment.--The Accelerator shall establish an
advisory committee (in this subsection referred to as the
`advisory committee'), which shall be composed of not more than
13 members appointed by the Board on the recommendation of the
president of the Accelerator.
``(2) Members.--Members of the advisory committee shall be
broadly representative of interests concerned with the
environment, production, commerce, finance, agriculture,
forestry, labor, services, and State Government. Of such
members--
``(A) not fewer than 3 shall be representatives of
the small business community;
``(B) not fewer than 2 shall be representatives of
the labor community, except that no 2 members may be
from the same labor union;
``(C) not fewer than 2 shall be representatives of
the environmental nongovernmental organization
community, except that no 2 members may be from the
same environmental organization;
``(D) not fewer than 2 shall be representatives of
the environmental justice nongovernmental organization
community, except that no 2 members may be from the
same environmental organization;
``(E) not fewer than 2 shall be representatives of
the consumer protection and fair lending community,
except that no 2 members may be from the same consumer
protection or fair lending organization; and
``(F) not fewer than 2 shall be representatives of
the financial services industry with knowledge of and
experience in financing transactions for clean energy
and other sustainable infrastructure assets.
``(3) Meetings.--The advisory committee shall meet not less
frequently than once each quarter.
``(4) Duties.--The advisory committee shall--
``(A) advise the Accelerator on the programs
undertaken by the Accelerator; and
``(B) submit to the Congress an annual report with
comments from the advisory committee on the extent to
which the Accelerator is meeting the mandate described
in section 1623, including any suggestions for
improvement.
``(n) Chief Risk Officer.--
``(1) Appointment.--Subject to the approval of the Board,
the chief executive officer shall appoint a chief risk officer
from among individuals with experience at a senior level in
financial risk management, who--
``(A) shall report directly to the Board; and
``(B) shall be removable only by a majority vote of
the Board.
``(2) Duties.--The chief risk officer, in coordination with
the risk management and audit committees established under
section 1632, shall develop, implement, and manage a
comprehensive process for identifying, assessing, monitoring,
and limiting risks to the Accelerator, including the overall
portfolio diversification of the Accelerator.
``SEC. 1630. ADMINISTRATION.
``(a) Capitalization.--
``(1) In general.--To the extent and in the amounts
provided in advance in appropriations Acts, the Secretary of
Energy shall transfer to the Accelerator--
``(A) $50,000,000,000 on the date on which the
Accelerator is established under section 1622; and
``(B) $10,000,000,000 on October 1 of each of the 5
fiscal years following that date.
``(2) Authorization of appropriations.--For purposes of the
transfers under paragraph (1), there are authorized to be
appropriated--
``(A) $50,000,000,000 for the fiscal year in which
the Accelerator is established under section 1622; and
``(B) $10,000,000,000 for each of the 5 succeeding
fiscal years.
``(b) Charter.--The Accelerator shall establish a charter, the term
of which shall be 30 years.
``(c) Use of Funds and Recycling.--To the extent and in the amounts
provided in advance in appropriations Acts, the Accelerator--
``(1) may use funds transferred pursuant to subsection
(a)(1) to carry out this subtitle, including for operating
expenses; and
``(2) shall retain and manage all repayments and other
revenue received under this subtitle from financing fees,
interest, repaid loans, and other types of funding to carry out
this subtitle, including for--
``(A) operating expenses; and
``(B) recycling such payments and other revenue for
future lending and capital deployment in accordance
with this subtitle.
``(d) Report.--The Accelerator shall submit on a quarterly basis to
the relevant committees of Congress a report that describes the
financial activities, emissions reductions, and private capital
mobilization metrics of the Accelerator for the previous quarter.
``(e) Restriction.--The Accelerator shall not accept deposits.
``(f) Committees.--The Board shall establish committees and
subcommittees, including--
``(1) an investment committee; and
``(2) in accordance with section 1631--
``(A) a risk management committee; and
``(B) an audit committee.
``SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT
COMMITTEE.
``(a) In General.--To assist the Board in fulfilling the duties and
responsibilities of the Board under this subtitle, the Board shall
establish a risk management committee and an audit committee.
``(b) Duties and Responsibilities of Risk Management Committee.--
Subject to the direction of the Board, the risk management committee
established under subsection (a) shall establish policies for and have
oversight responsibility for--
``(1) formulating the risk management policies of the
operations of the Accelerator;
``(2) reviewing and providing guidance on operation of the
global risk management framework of the Accelerator;
``(3) developing policies for--
``(A) investment;
``(B) enterprise risk management;
``(C) monitoring; and
``(D) management of strategic, reputational,
regulatory, operational, developmental, environmental,
social, and financial risks; and
``(4) developing the risk profile of the Accelerator,
including--
``(A) a risk management and compliance framework;
and
``(B) a governance structure to support that
framework.
``(c) Duties and Responsibilities of Audit Committee.--Subject to
the direction of the Board, the audit committee established under
subsection (a) shall have oversight responsibility for--
``(1) the integrity of--
``(A) the financial reporting of the Accelerator;
and
``(B) the systems of internal controls regarding
finance and accounting;
``(2) the integrity of the financial statements of the
Accelerator;
``(3) the performance of the internal audit function of the
Accelerator; and
``(4) compliance with the legal and regulatory requirements
related to the finances of the Accelerator.
``SEC. 1632. OVERSIGHT.
``(a) External Oversight.--The inspector general of the Department
of Energy shall have oversight responsibilities over the Accelerator.
``(b) Reports and Audit.--
``(1) Annual report.--The Accelerator shall publish an
annual report which shall be transmitted by the Accelerator to
the President and the Congress.
``(2) Annual audit of accounts.--The accounts of the
Accelerator shall be audited annually. Such audits shall be
conducted in accordance with generally accepted auditing
standards by independent certified public accountants who are
certified by a regulatory authority of the jurisdiction in
which the audit is undertaken.
``(3) Additional audits.--In addition to the annual audits
under paragraph (2), the financial transactions of the
Accelerator for any fiscal year during which Federal funds are
available to finance any portion of its operations may be
audited by the Government Accountability Office in accordance
with such rules and regulations as may be prescribed by the
Comptroller General of the United States.''.
Subtitle C--Clean Energy Workforce
PART 1--OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT
SEC. 821. NAME OF OFFICE.
(a) In General.--Section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141) is amended--
(1) in the section heading, by striking ``minority economic
impact'' and inserting ``economic impact, diversity, and
employment''; and
(2) in subsection (a), by striking ``Office of Minority
Economic Impact'' and inserting ``Office of Economic Impact,
Diversity, and Employment''.
(b) Conforming Amendment.--The table of contents for the Department
of Energy Organization Act is amended by amending the item relating to
section 211 to read as follows:
``Sec. 211. Office of Economic Impact, Diversity, and Employment.''.
SEC. 822. ENERGY WORKFORCE DEVELOPMENT PROGRAMS.
Section 211 of the Department of Energy Organization Act (42 U.S.C.
7141) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) The Secretary, acting through the Director, shall establish
and carry out the programs described in sections 824 and 825 of the
CLEAN Future Act.''.
SEC. 823. AUTHORIZATION.
Subsection (h) of section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141), as redesignated by section 822 of
this subtitle, is amended by striking ``not to exceed $3,000,000 for
fiscal year 1979, not to exceed $5,000,000 for fiscal year 1980, and
not to exceed $6,000,000 for fiscal year 1981. Of the amounts so
appropriated each fiscal year, not less than 50 percent shall be
available for purposes of financial assistance under subsection (e).''
and inserting ``$100,000,000 for each of fiscal years 2022 through
2031.''.
PART 2--ENERGY WORKFORCE DEVELOPMENT
SEC. 824. ENERGY WORKFORCE DEVELOPMENT.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary, acting through the Director of the Office
of Economic Impact, Diversity, and Employment, shall establish and
carry out a comprehensive, nationwide program to improve education and
training for jobs in energy-related industries in order to increase the
number of skilled workers trained for such jobs.
(b) Direct Assistance.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretary may provide--
(A) financial assistance awards, technical
assistance, and other assistance the Secretary
determines appropriate, to educational institutions and
covered organizations and programs, including those
serving unemployed energy workers; and
(B) internships, fellowships, traineeships, and
apprenticeships at the Department of Energy, including
at the Department of Energy national laboratories.
(2) Distribution.--Subject to subsection (c), the Secretary
shall distribute assistance described in paragraph (1) in a
manner proportional to the needs of energy-related industries
and demand for jobs in energy-related industries, consistent
with information developed under subsection (e).
(c) Priority.--In carrying out the program established under
subsection (a), the Secretary shall--
(1) prioritize the education and training of individuals
from underrepresented communities for jobs in energy-related
industries, including in providing internships, fellowships,
traineeships, apprenticeships, and employment at the Department
of Energy, including at the Department of Energy national
laboratories; and
(2) in providing research grants and technical assistance
to educational institutions, give priority to minority-serving
institutions.
(d) Collaboration and Outreach.--In carrying out the program
established under subsection (a), the Secretary shall--
(1) collaborate with--
(A) to the maximum extent possible, State workforce
development boards, to maximize program efficiency;
(B) educational institutions and covered
organizations and programs;
(C) energy-related industries and covered
organizations and programs to increase the
opportunities for, and enrollment of, students and
other candidates, including students of minority-
serving institutions and unemployed energy workers, to
participate in industry internships, fellowships,
traineeships, and apprenticeships; and
(D) Federal-State Regional Commissions, including
the Appalachia Regional Commission, the Delta Regional
Authority, the Denali Commission, the Northern Border
Regional Commission, the Northern Great Plains Regional
Commission, and the Southeast Crescent Regional
Commission; and
(2) conduct outreach activities to--
(A) encourage individuals from underrepresented
communities and unemployed energy workers to enter into
the STEM fields; and
(B) encourage and foster collaboration,
mentorships, and partnerships among energy-related
industries, and covered organizations and programs,
that provide effective training programs for jobs in
energy-related industries and educational institutions
that seek to establish these types of programs in order
to share best practices and approaches that best suit
local, State, and national needs.
(e) Clearinghouse.--
(1) Establishment.--In carrying out the program established
under subsection (a), the Secretary, in collaboration with the
Commissioner of the Bureau of Labor Statistics, the Secretary
of Commerce, the Director of the Bureau of the Census, and
energy-related industries, shall establish a clearinghouse to--
(A) develop, maintain, and update information and
other resources, by State and by region, on--
(i) training programs for jobs in energy-
related industries; and
(ii) the current and future workforce needs
of energy-related industries, and job
opportunities in such energy-related
industries, including identification of jobs in
energy-related industries for which there is
the greatest demand; and
(B) act as a resource for educational institutions
and covered organizations and programs that would like
to develop and implement training programs for such
jobs.
(2) Report.--The Secretary shall annually publish a report
on the information and other resources developed, maintained,
and updated on the clearinghouse established under paragraph
(1).
(f) Guidelines To Develop Skills for an Energy Industry
Workforce.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretary, in collaboration with the
Secretary of Education, the Secretary of Commerce, the
Secretary of Labor, and the National Science Foundation, shall
develop voluntary guidelines or best practices for educational
institutions to help provide students with the skills necessary
for jobs in energy-related industries, including jobs in--
(A) the energy efficiency industry, including jobs
in energy efficiency (including architecture, design,
and construction of new energy efficient buildings),
conservation, weatherization, retrofitting, inspecting,
auditing, and software development;
(B) the renewable energy industry, including jobs
in the development, engineering, manufacturing, and
production of energy from renewable energy sources
(such as solar, hydropower, wind, and geothermal
energy);
(C) the community energy resiliency industry,
including jobs in the installation of rooftop solar, in
battery storage, and in microgrid technologies;
(D) the fuel cell and hydrogen energy industry;
(E) the advanced automotive technology industry,
including jobs relating to electric vehicle batteries,
connectivity and automation, and advanced combustion
engines;
(F) the manufacturing industry, including jobs as
operations technicians, in operations and design in
additive manufacturing, 3-D printing, and advanced
composites and advanced aluminum and other metal
alloys, and in industrial energy efficiency management
systems, including power electronics, and other
innovative technologies;
(G) the chemical manufacturing industry, including
jobs in construction (such as welders, pipefitters, and
tool and die makers), as instrument and electrical
technicians, machinists, chemical process operators,
engineers, quality and safety professionals, and
reliability engineers;
(H) the utility industry, including jobs in smart
grid technology, cybersecurity management, and the
generation, transmission, and distribution of
electricity and natural gas, such as electricians and
utility dispatchers, technicians, operators,
lineworkers, engineers, scientists, and information
technology specialists;
(I) the alternative fuels industry, including jobs
in biofuel and bioproducts development and production;
(J) the pipeline industry, including jobs in
pipeline construction and maintenance and jobs as
engineers and technical advisors;
(K) the nuclear energy industry, including jobs as
scientists, engineers, technicians, mathematicians, and
security personnel;
(L) the oil and gas industry, including jobs as
scientists, engineers, technicians, mathematicians,
petrochemical engineers, and geologists; and
(M) the coal industry, including jobs as coal
miners, engineers, developers and manufacturers of
state-of-the-art coal facilities, technology vendors,
coal transportation workers and operators, and mining
equipment vendors.
(2) Input.--The Secretary shall solicit input from energy-
related industries in developing guidelines or best practices
under paragraph (1).
(3) Energy efficiency and conservation initiatives.--The
guidelines or best practices developed under paragraph (1)
shall include grade-specific guidelines for elementary schools
and secondary schools for teaching energy efficiency
technology, architecture, design, and construction of new
energy-efficient buildings and building energy retrofits,
manufacturing efficiency technology, community energy
resiliency, and conservation initiatives.
(4) STEM education.--The guidelines or best practices
developed under paragraph (1) shall promote STEM education in
educational institutions as it relates to job opportunities in
energy-related industries listed under such paragraph.
(5) Prohibition.--Nothing in this subsection shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to require or coerce a
State, local educational agency, or educational institution to
adopt or carry out the guidelines or best practices developed
under paragraph (1).
(g) Consolidation.--To the extent practicable, the Secretary shall,
to avoid duplication of efforts, carry out the Equity in Energy
Initiative of the Department of Energy, the Minority Educational
Institution Student Partnership Program of the Department of Energy,
and any other program of the Department of Energy that the Secretary
determines appropriate, through the program established under
subsection (a).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2022 through 2031.
SEC. 825. ENERGY WORKFORCE GRANT PROGRAM.
(a) Program.--
(1) Establishment.--Subject to the availability of
appropriations for such purpose, the Secretary, acting through
the Director of the Office of Economic Impact, Diversity, and
Employment, shall establish and carry out a program to provide
grants to eligible entities to pay the eligible wages of, or
eligible stipends for, individuals during the time period that
such individuals are receiving training to work for an eligible
business.
(2) Guidelines.--Not later than 60 days after the date of
enactment of this Act, the Secretary, in consultation with
eligible businesses, shall establish guidelines that identify--
(A) criteria for wages and stipends to meet to be
eligible for purposes of the program established
pursuant to paragraph (1); and
(B) training that is eligible for purposes of the
program established pursuant to paragraph (1).
(b) Eligibility.--For purposes of this section:
(1) Eligible business.--The term ``eligible business''
means a business that provides services related to--
(A) renewable electric energy generation, including
solar, wind, geothermal, hydropower, and other
renewable electric energy generation technologies;
(B) energy efficiency, including energy-efficient
lighting, heating, ventilation, and air conditioning,
air source heat pumps, advanced building materials,
insulation and air sealing, and other high-efficiency
products and services, including auditing and
inspection, architecture, design, and construction of
new energy efficient buildings and building energy
retrofits;
(C) grid modernization or energy storage, including
smart grid, microgrid and other distributed energy
solutions, demand response management, and home energy
management technology;
(D) advanced fossil energy technology, including--
(i) advanced resource development;
(ii) carbon capture, storage, and use;
(iii) low-carbon power systems;
(iv) efficiency improvements that
substantially reduce emissions; and
(v) direct air capture;
(E) nuclear energy, including research,
development, demonstration, and commercial application
relating to nuclear energy;
(F) cybersecurity for the energy sector, including
infrastructure, emergency planning, coordination,
response, and restoration;
(G) alternative fuels, including biofuel and
bioproduct development and production;
(H) advanced automotive technology, including
electric vehicle batteries, connectivity and
automation, and advanced combustion engines; or
(I) fuel cell and hybrid fuel cell generation.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an eligible business; or
(B) a labor organization, nonprofit organization,
or qualified youth or conservation corps, that provides
training to individuals to work for an eligible
business, or works on behalf of any such eligible
business.
(3) Eligible stipend.--The term ``eligible stipend'' means
a stipend that meets the criteria identified pursuant to the
guidelines established under subsection (a)(2).
(4) Eligible wages.--The term ``eligible wages'' means
wages that meet the criteria identified pursuant to the
guidelines established under subsection (a)(2).
(c) Use of Grants.--
(1) Eligible wages.--An eligible business with--
(A) 20 or fewer employees may use a grant provided
under the program established under subsection (a) to
pay up to--
(i) 45 percent of an employee's eligible
wages for the duration of the applicable
training for such employee, if the training is
provided by the eligible business; and
(ii) 90 percent of an employee's eligible
wages for the duration of the applicable
training for such employee, if the training is
provided by an entity other than the eligible
business;
(B) 21 to 99 employees may use a grant provided
under the program established under subsection (a) to
pay up to--
(i) 37.5 percent of an employee's eligible
wages for the duration of the applicable
training for such employee, if the training is
provided by the eligible business; and
(ii) 75 percent of an employee's eligible
wages for the duration of the applicable
training for such employee, if the training is
provided by an entity other than the eligible
business; and
(C) 100 employees or more may use a grant provided
under the program established under subsection (a) to
pay up to--
(i) 25 percent of an employee's eligible
wages for the duration of the applicable
training for such employee, if the training is
provided by the eligible business; and
(ii) 50 percent of an employee's eligible
wages for the duration of the applicable
training for such employee, if the training is
provided by an entity other than the eligible
business.
(2) Stipend.--An eligible entity may use a grant provided
under the program established under subsection (a) to pay up to
100 percent of an eligible stipend for an individual for the
duration of the applicable training for such individual.
(d) Priority for Targeted Communities.--In providing grants under
the program established under subsection (a), the Secretary shall give
priority to an eligible entity that--
(1) recruits or trains individuals who are--
(A) from the community that the eligible entity
serves; and
(B)(i) from underrepresented communities; or
(ii) unemployed energy workers; and
(2) will provide individuals receiving training with the
opportunity to obtain or retain employment at an eligible
business.
(e) Limit.--An eligible entity may not receive more than $100,000
under the program established under subsection (a) per fiscal year.
(f) Report.--The Secretary shall submit to Congress, annually for
each year the program established under subsection (a) is carried out,
a report on such program, including--
(1) an assessment of such program for the previous year,
including the number of jobs filled by individuals trained
pursuant to such program; and
(2) recommendations on how to improve such program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $70,000,000 for each of fiscal
years 2022 through 2031.
SEC. 826. DEFINITIONS.
In this subtitle:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship 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.).
(2) Covered organizations and programs.--The term ``covered
organizations and programs'' means local workforce development
boards, State workforce development boards, nonprofit
organizations, qualified youth or conservation corps, labor
organizations, pre-apprenticeship programs, and apprenticeship
programs.
(3) Educational institution.--The term ``educational
institution'' means an elementary school, secondary school, or
institution of higher education.
(4) Elementary school and secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given such terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Energy-related industry.--The term ``energy-related
industry'' includes the energy efficiency industry, renewable
energy industry, community energy resiliency industry, fuel
cell and hydrogen energy industry, advanced automotive
technology industry, chemical manufacturing industry, electric
utility industry, gas utility industry, alternative fuels
industry, pipeline industry, nuclear energy industry, oil and
gas industry, and coal industry.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that such term does not include
institutions described in subparagraph (A) or (C) of subsection
(a)(1) of such section 102.
(7) Jobs in energy-related industries.--The term ``jobs in
energy-related industries'' includes manufacturing,
engineering, construction, and retrofitting jobs in energy-
related industries.
(8) 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).
(9) Local workforce development board.--The term ``local
workforce development board'' means a local board, as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(10) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher education
that is of one of the following:
(A) A Hispanic-serving institution (as defined in
section 502(a) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a))).
(B) A Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b))).
(C) An Alaska Native-serving institution (as
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b))).
(D) A Native Hawaiian-serving institution (as
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b))).
(E) A Predominantly Black Institution (as defined
in section 318(b) of the Higher Education Act of 1965
(20 U.S.C. 1059e(b))).
(F) A Native American-serving nontribal institution
(as defined in section 319(b) of the Higher Education
Act of 1965 (20 U.S.C. 1059f(b))).
(G) An Asian American and Native American Pacific
Islander-serving institution (as defined in section
320(b) of the Higher Education Act of 1965 (20 U.S.C.
1059g(b))).
(H) A part B institution (as defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061)).
(11) Pre-apprenticeship program.--The term ``pre-
apprenticeship program''--
(A) means a program or set of strategies that is
designed to prepare individuals to enter and succeed in
an apprenticeship program; and
(B) includes training and training curriculum
aligned with apprenticeship and industry standards to
teach participants necessary industry-related skills
and competencies.
(12) Qualified youth or conservation corps.--The term
``qualified youth or conservation corps'' has the meaning given
such term in section 203(11) of the Public Lands Corps Act of
1993 (16 U.S.C. 1722(11)).
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) State workforce development board.--The term ``State
workforce development board'' means a State board, as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(15) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics.
(16) Underrepresented communities.--The term
``underrepresented communities'' includes religious and ethnic
minorities, women, veterans, individuals with disabilities,
individuals who are socioeconomically disadvantaged,
individuals who are or were foster children, and formerly
incarcerated individuals.
Subtitle D--National Security
SEC. 831. CLIMATE CHANGE NATIONAL SECURITY STRATEGY.
It is the policy of the Federal Government to ensure that the
current impacts of climate change, and those anticipated in the coming
decades, be identified and considered in the development and
implementation of relevant national security doctrine, policies, and
plans.
SEC. 832. COORDINATION ON CLIMATE CHANGE AND NATIONAL SECURITY.
(a) Establishment.--The National Security Advisor and the Director
of the Office of Science and Technology Policy, acting jointly, shall
establish an interagency working group, to be known as the Climate and
National Security Working Group, to coordinate the development of a
strategic approach to identify, assess, and share information on
current and projected climate-related impacts on national security
interests and to inform the development of national security doctrine,
policies, and plans.
(b) Functions.--The Working Group, in close collaboration with the
United States Global Change Research Program, shall--
(1) identify the U.S. national security priorities that are
within the scope of the mission of the Working Group;
(2) develop recommendations for requirements for climate
and social science data and intelligence analyses, as
appropriate, that support national security interests;
(3) catalog climate science data, intelligence analyses,
and other products and programs that support or should be
considered in the development of national security doctrine,
policy, and plans, including--
(A) climate and social science data repositories
and analytical platforms;
(B) climate modeling, simulation, and projection
capabilities; and
(C) information-sharing tools and resources
supporting climate risk analyses and assessments, such
as the Climate Data Initiative, the Climate Resilience
Toolkit, the Global Change Information System, and the
National Climate Assessment;
(4) identify information and program gaps that limit
consideration of climate change-related impacts in developing
national security doctrine, policies, and plans and provide
descriptions of these gaps to Federal science agencies and the
United States intelligence community to inform future research
requirements and priorities, including collection priorities on
climate data, models, simulations, and projections;
(5) facilitate the production and exchange of climate data
and information with relevant stakeholders, including the
United States intelligence community, and private sector
partners, as appropriate;
(6) produce, as appropriate, and make available science-
informed intelligence assessments to agencies having
responsibilities in the development of national security
doctrine, policies, and plans in order to identify climate
change-related impacts and prioritize actions related thereto;
(7) establish, by consensus, guidance for Working Group
members on coordinating, sharing, and exchanging climate
science data among the members, and with the National Science
and Technology Council;
(8) provide a venue for enhancing the understanding of the
links between climate change-related impacts and national
security interests and discussing the opportunities for climate
mitigation and adaptation activities to address national
security issues;
(9) work to improve the Federal Government's capability and
capacity to characterize greenhouse gas sources and sinks
accurately at subcontinental scales;
(10) recommend research guidelines, in coordination with
the National Science and Technology Council, concerning the
Federal Government's ability to detect climate intervention
activities;
(11) develop, by consensus, guidance for Working Group
members on building climate resilience in countries vulnerable
to climate change-related impacts;
(12) take into account defined requirements and current
capabilities described in paragraphs (2) and (3) of this
subsection to facilitate the consideration of climate change-
related impacts into national security doctrine, policies, and
plans;
(13) have classified and unclassified capabilities, as
required and appropriate, to consolidate and make available
climate change-related impact information, intelligence
analyses, and assessments for access and use by Working Group
member agencies;
(14) identify the most current information on regional,
country, and geographic areas most vulnerable to current and
projected impacts of climate variability in the near term,
midterm, and long term (as defined in section 834), in order to
support assessments of national security implications of
climate change, and identify areas most vulnerable to these
impacts during these timeframes;
(15) develop recommendations for the Secretary of State to
help ensure that the work of United States embassies, including
their planning processes, is informed by relevant climate
change-related analyses; and
(16) coordinate on the development of quantitative models,
predictive mapping products, and forecasts to anticipate the
various pathways through which climate change may affect public
health as an issue of national security.
(c) Membership.--
(1) In general.--The members of the Working Group shall
include the following officials and representatives (or their
designees):
(A) The National Security Advisor.
(B) The Director of the Office of Science and
Technology Policy.
(C) The representatives, appointed by the National
Security Advisor and the Director of the Office of
Science and Technology Policy (acting jointly), at the
Assistant Secretary or equivalent level, of--
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Commerce;
(viii) the Department of Health and Human
Services;
(ix) the Department of Transportation;
(x) the Department of Energy;
(xi) the Department of Homeland Security;
(xii) the United States Agency for
International Development;
(xiii) the Environmental Protection Agency;
(xiv) the National Aeronautics and Space
Administration;
(xv) the Office of the Director of National
Intelligence;
(xvi) the U.S. Mission to the United
Nations;
(xvii) the Office of Management and Budget;
(xviii) the Council on Environmental
Quality;
(xix) the Millennium Challenge Corporation;
and
(xx) any other agency or office as
designated by the co-chairs.
(2) Co-chairs.--The National Security Advisor and the
Director of the Office of Science and Technology Policy, or
their designees, shall co-chair the Working Group.
(d) Action Plan.--Not later than 90 days after the date of
enactment of this Act, the Working Group shall, by consensus, develop
an action plan, that--
(1) identifies specific steps that are required to perform
its functions;
(2) includes specific objectives, milestones, timelines,
and identification of agencies responsible for completion of
all actions described therein;
(3) includes recommendations to inform the development of
agency implementation plans, as described in section 833; and
(4) shall be submitted to the co-chairs and the appropriate
congressional committees, including--
(A) the House Committee on Oversight and Reform;
(B) the Senate Committee on Homeland Security and
Governmental Affairs;
(C) the Senate Committee on Armed Services;
(D) the House Committee on Armed Services;
(E) the House Committee on Natural Resources;
(F) the Senate Committee on Environment and Public
Works; and
(G) the House Committee on Energy and Commerce.
SEC. 833. FEDERAL AGENCY IMPLEMENTATION PLAN.
(a) In General.--Not later than 150 days after the date of
enactment of this Act, the departments and agencies listed in section
832(c) shall each develop an appropriate implementation plan supporting
the policy described in section 831. Such implementation plans may be
classified, as required, to meet specific agency requirements.
(b) Contents of Implementation Plans.--Implementation plans shall
consider for inclusion a description of how the respective departments
and agencies will accomplish the following:
(1) Identifying, sustaining, and strengthening climate-
related data repositories, tools, and modeling products that
inform climate change-related impacts on national security.
(2) Identifying climate change-related risks to departments
and agency missions, and risks that may be caused by
departments and agency policies, programs, and actions
concerning international development objectives, fragility, and
regional stability.
(3) Pursuing departments and agency adaptation strategies
and methods that address climate change-related impacts on
national security and homeland defense.
(4) Identifying and implementing climate change-related
information-sharing opportunities and arrangements through
international development activities, military-to-military
engagements, and government-to-government climate-related data
exchanges.
(5) Identifying economic considerations arising from the
impacts of climate change globally and the resulting specific
impacts on national security, including macroeconomic analyses
and data-sharing mechanisms.
(6) Identifying the potential impact of climate change on
human mobility, including migration and displacement, and the
resulting impacts on national security.
(7) Identifying climate change-related impacts on global
water, food security, and nutrition and the resulting impacts
on national security, and recommending actions to mitigate
these impacts.
(8) Identifying climate change-related global health
security concerns affecting humans, animals, and plants, and
developing options to address them.
(9) Developing a department or agency-specific approach to
address climate-related hazards and threats to national
security.
(10) Determining and acting on climate change-related
threats to infrastructure at the asset, system, and regional
level and acting to strengthen the safety, security, and
resilience of infrastructure critical to national security.
(11) Incorporating climate change-related impact
information and considerations into department and agency
technical and executive education and training programs.
(c) Reports.--Federal agencies shall update their implementation
plans required by this section not less than annually.
SEC. 834. DEFINITIONS.
In this subtitle:
(1) Adaptation.--The term ``adaptation'' refers to the
adjustment in natural or human systems in anticipation of or in
response to a changing environment in a way that effectively
uses beneficial opportunities or reduces negative effects.
(2) Climate.--The term ``climate'' refers to the prevailing
meteorological conditions over a period of several decades,
including the typical frequency and duration of extreme storms,
heat waves, precipitation, droughts, cloudiness, winds, ocean
temperatures, and other events that a region is likely to
encounter.
(3) Climate change.--The term ``climate change'' refers to
detectable changes in one or more climate system components
over multiple decades, including--
(A) changes in the average temperature of the
atmosphere or ocean;
(B) changes in regional precipitation, winds, and
cloudiness; and
(C) changes in the severity or duration of extreme
weather, including droughts, floods, and storms.
(4) Climate modeling.--The term ``climate modeling'' refers
to the mathematical representation of the set of interdependent
components of the climate system, including the atmosphere and
ocean, cryosphere, ecology, land use, natural greenhouse gas
emissions, and anthropogenic greenhouse emissions.
(5) Fragility.--The term ``fragility'' refers to a
condition that results from a dysfunctional relationship
between state and society and the extent to which that
relationship fails to produce policy outcomes that are
considered effective or legitimate.
(6) Global health security.--The term ``global health
security''--
(A) refers to activities required, both proactive
and reactive, to minimize vulnerability to acute public
health events that endanger the collective health of
populations living across geographical regions and
international boundaries; and
(B) includes the efforts of the Global Health
Security Agenda to establish capacity to prevent,
detect, and respond to disease threats, whether
naturally occurring, deliberate, or accidental.
(7) Intelligence community.--The term ``intelligence
community'' has the meaning given to that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(8) National security.--The term ``National security''
refers to the protection of the Nation and its people and
interests.
(9) Near term, midterm, and long term.--The terms ``near
term'', ``midterm'', and ``long term'' mean current to 10
years, 10 to 30 years, and more than 30 years, respectively.
(10) Resilience.--The term ``resilience'' refers to the
ability--
(A) to anticipate, prepare for, and adapt to
changing conditions; and
(B) to withstand, respond to, and recover rapidly
from disruptions.
(11) Working group.--The term ``Working Group'' means the
Climate and National Security Working Group established
pursuant to section 832(a).
Subtitle E--Ensuring Just and Equitable Climate Action
SEC. 841. WORKER PROTECTIONS.
(a) Use of American Iron, Steel, and Manufactured Goods.--(1) None
of the funds appropriated or otherwise made available by this Act may
be used for a project for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the
United States.
(2) Paragraph (1) shall not apply in any case or category of cases
in which the head of the Federal department or agency involved finds
that--
(A) applying paragraph (1) would be inconsistent with the
public interest;
(B) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(C) inclusion of iron, steel, and manufactured goods
produced in the United States will increase the cost of the
overall project by more than 25 percent.
(3) If the head of a Federal department or agency determines that
it is necessary to waive the application of paragraph (1) based on a
finding under paragraph (2), the head of the department or agency shall
publish in the Federal Register a detailed written justification as to
why the provision is being waived.
(4) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(b) Davis-Bacon.--Notwithstanding any other provision of law and in
a manner consistent with other provisions in this Act, all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to 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 title 40, United States Code. 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.
(c) Project Labor Agreements.--(1) In awarding any contract in
implementing this Act, a Federal department or agency may, on a
project-by-project basis, require the use of a project labor agreement
by a contractor where use of such an agreement will--
(A) advance the Federal Government's interest in achieving
economy and efficiency in Federal procurement, producing labor-
management stability, and ensuring compliance with laws and
regulations governing safety and health, equal employment
opportunity, labor and employment standards, and other matters;
and
(B) be consistent with law.
(2) If a Federal department or agency determines under paragraph
(1) that the use of a project labor agreement will satisfy the criteria
in subparagraphs (A) and (B) of that paragraph, the department or
agency may, if appropriate, require that every contractor or
subcontractor on the project agree, for that project, to negotiate or
become a party to a project labor agreement with one or more
appropriate labor organizations.
(3) In this section, the term ``project labor agreement'' means a
prehire collective bargaining agreement with one or more labor
organizations that establishes the terms and conditions of employment
for a specific construction project and is an agreement described in
section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)).
SEC. 842. FUNDING FOR ENVIRONMENTAL JUSTICE COMMUNITIES.
The President shall ensure that not less than 40 percent of funds
made available pursuant to this Act are used to support activities that
directly benefit environmental justice communities.
Subtitle F--Climate Risk Disclosures
SEC. 851. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) climate change poses a significant and increasing
threat to the growth and stability of the economy of the United
States;
(2) many sectors of the economy of the United States and
many American businesses are exposed to climate-related risk,
which may include exposure to--
(A) the physical impacts of climate change,
including the rise of the average global temperature,
accelerating sea-level rise, desertification, ocean
acidification, intensification of storms, increase in
heavy precipitation, more frequent and intense
temperature extremes, more severe droughts, and longer
wildfire seasons;
(B) the economic disruptions and security threats
that result from the physical impacts described in
subparagraph (A), including conflicts over scarce
resources, conditions conducive to violent extremism,
the spread of infectious diseases, and forced
migration;
(C) the transition impacts that result as the
global economy transitions to a clean and renewable
energy, low-emissions economy, including financial
impacts as climate change fossil fuel assets becoming
stranded and it becomes uneconomic for companies to
develop fossil fuel assets as policymakers act to limit
the worst impacts of climate change by keeping the rise
in average global temperature to 1.5 degrees Celsius
above pre-industrial levels; and
(D) actions by Federal, State, Tribal, and local
governments to limit the worst effects of climate
change by enacting policies that keep the global
average surface temperature rise to 1.5 degrees Celsius
above pre-industrial levels;
(3) assessing the potential impact of climate-related risks
on national and international financial systems is an urgent
concern;
(4) companies have a duty to disclose financial risks that
climate change presents to their investors, lenders, and
insurers;
(5) the Securities and Exchange Commission has a duty to
promote a risk-informed securities market that is worthy of the
trust of the public as families invest for their futures;
(6) investors, lenders, and insurers are increasingly
demanding climate risk information that is consistent,
comparable, reliable, and clear;
(7) including standardized, material climate change risk
and opportunity disclosure that is useful for decision makers
in annual reports to the Securities and Exchange Commission
will increase transparency with respect to risk accumulation
and exposure in financial markets;
(8) requiring companies to disclose climate-related risk
exposure and risk management strategies will encourage a
smoother transition to a clean and renewable energy, low-
emissions economy and guide capital allocation to mitigate, and
adapt to, the effects of climate change and limit damages
associated with climate-related events and disasters; and
(9) a critical component in fighting climate change is a
transparent accounting of the risks that climate change
presents and the implications of continued inaction with
respect to climate change.
SEC. 852. DISCLOSURES RELATING TO CLIMATE CHANGE.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(s) Disclosures Relating to Climate Change.--
``(1) Definitions.--In this subsection:
``(A) 1.5 degree scenario.--The term `1.5 degree
scenario' means a scenario that aligns with greenhouse
gas emissions pathways that aim for limiting global
warming to 1.5 degrees Celsius above pre-industrial
levels.
``(B) Appropriate climate principals.--The term
`appropriate climate principals' means--
``(i) the Administrator of the
Environmental Protection Agency;
``(ii) the Administrator of the National
Oceanic and Atmospheric Administration;
``(iii) the Director of the Office of
Management and Budget;
``(iv) the Secretary of the Interior;
``(v) the Secretary of Energy; and
``(vi) the head of any other Federal
agency, as determined appropriate by the
Commission.
``(C) Baseline scenario.--The term `baseline
scenario' means a widely recognized analysis scenario
in which levels of greenhouse gas emissions, as of the
date on which the analysis is performed, continue to
grow, resulting in an increase in the global average
temperature of 1.5 degrees Celsius or more above pre-
industrial levels.
``(D) Carbon dioxide equivalent.--The term `carbon
dioxide equivalent' means the number of metric tons of
carbon dioxide emissions with the same global warming
potential as one metric ton of another greenhouse gas,
as determined under table A-1 of subpart A of part 98
of title 40, Code of Federal Regulations, as in effect
on the date of enactment of this subsection.
``(E) Climate change.--The term `climate change'
means a change of climate that is--
``(i) attributed directly or indirectly to
human activity that alters the composition of
the global atmosphere; and
``(ii) in addition to natural climate
variability observed over comparable time
periods.
``(F) Commercial development of fossil fuels.--The
term `commercial development of fossil fuels'
includes--
``(i) exploration, extraction, processing,
exporting, transporting, refining, and any
other significant action with respect to oil,
natural gas, coal, or any byproduct thereof or
any other solid or liquid hydrocarbons that are
commercially produced; or
``(ii) acquiring a license for any activity
described in clause (i).
``(G) Covered issuer.--The term `covered issuer'
means an issuer that is required to file an annual
report under subsection (a) or section 15(d).
``(H) Direct and indirect greenhouse gas
emissions.--The term `direct and indirect greenhouse
gas emissions' includes, with respect to a covered
issuer--
``(i) all direct greenhouse gas emissions
released by the covered issuer;
``(ii) all indirect greenhouse gas
emissions with respect to electricity, heat, or
steam purchased by the covered issuer;
``(iii) significant indirect emissions,
other than the emissions described in clause
(ii), emitted in the value chain of the covered
issuer; and
``(iv) all indirect greenhouse gas
emissions that are attributable to assets owned
or managed, including assets that are partially
owned or managed, by the covered issuer.
``(I) Fossil fuel reserves.--The term `fossil fuel
reserves' has the meaning given the term `reserves'
under the final rule of the Commission titled
`Modernization of Oil and Gas Reporting' (74 Fed. Reg.
2158; published January 14, 2009).
``(J) Greenhouse gas.--The term `greenhouse gas'--
``(i) means carbon dioxide,
hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, sulfur hexafluoride, nitrogen
triflouride, and chlorofluorocarbons;
``(ii) includes any other anthropogenically
emitted gas that the Administrator of the
Environmental Protection Agency determines,
after notice and comment, to contribute to
climate change; and
``(iii) includes any other
anthropogenically emitted gas that the
Intergovernmental Panel on Climate Change
determines to contribute to climate change.
``(K) Greenhouse gas emissions.--The term
`greenhouse gas emissions' means the emissions of
greenhouse gas, expressed in terms of metric tons of
carbon dioxide equivalent.
``(L) Physical risks.--The term `physical risks'
means financial risks to long-lived fixed assets,
locations, operations, or value chains that result from
exposure to physical climate-related effects,
including--
``(i) increased average global temperatures
and increased frequency of temperature
extremes;
``(ii) increased severity and frequency of
extreme weather events;
``(iii) increased flooding;
``(iv) sea level rise;
``(v) ocean acidification;
``(vi) increased frequency of wildfires;
``(vii) decreased arability of farmland;
``(viii) decreased availability of fresh
water; and
``(ix) any other financial risks to long-
lived fixed assets, locations, operations, or
value chains determined appropriate by the
Commission, in consultation with appropriate
climate principals.
``(M) Social cost of carbon.--The term `social cost
of carbon' means the social cost of carbon, as
described in the technical support document entitled
`Technical Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact Analysis
Under Executive Order 12866', published by the
Interagency Working Group on Social Cost of Greenhouse
Gases, United States Government, in August 2016 or any
successor or substantially related estimate of the
monetized damages associated with an incremental
increase in carbon dioxide emissions in a given year.
``(N) Transition risks.--The term `transition
risks' means financial risks that are attributable to
climate change mitigation and adaptation, including
efforts to reduce greenhouse gas emissions and
strengthen resilience to the impacts of climate change,
including--
``(i) costs relating to--
``(I) international treaties and
agreements;
``(II) Federal, State, and local
policy;
``(III) new technologies;
``(IV) changing markets;
``(V) reputational impacts relevant
to changing consumer behavior; and
``(VI) litigation; and
``(ii) assets that may lose value or become
stranded due to any of the costs described in
subclauses (I) through (VI) of clause (i).
``(O) Value chain.--The term `value chain'--
``(i) means the total lifecycle of a
product or service, both before and after
production of the product or service, as
applicable; and
``(ii) may include the sourcing of
materials, production, transportation, and
disposal with respect to the product or service
described in clause (i).
``(2) Findings.--Congress finds that--
``(A) short-, medium-, and long-term financial and
economic risks and opportunities relating to climate
change, and the national and global reduction of
greenhouse gas emissions, constitute information that
issuers--
``(i) may reasonably expect to affect
shareholder decision making; and
``(ii) should regularly identify, evaluate,
and disclose; and
``(B) the disclosure of information described in
paragraph (1) should--
``(i) identify, and evaluate--
``(I) material physical and
transition risks posed by climate
change; and
``(II) the potential financial
impact of such risks;
``(ii) detail any implications such risks
have on corporate strategy;
``(iii) detail any board-level oversight of
material climate related risks and
opportunities;
``(iv) allow for intra- and cross-industry
comparison, to the extent practicable, of
climate-related risk exposure through the
inclusion of standardized industry-specific and
sector-specific disclosure metrics, as
identified by the Commission, in consultation
with the appropriate climate principals;
``(v) allow for tracking of performance
over time with respect to mitigating climate
risk exposure; and
``(vi) incorporate a price on greenhouse
gas emissions in financial analyses that
reflects, at minimum, the social cost of carbon
that is attributable to issuers.
``(3) Disclosure.--Each covered issuer, in any annual
report filed by the covered issuer under subsection (a) or
section 15(d), shall, in accordance with any rules issued by
the Commission pursuant to this subsection, include in each
such report information regarding--
``(A) the identification of, the evaluation of
potential financial impacts of, and any risk-management
strategies relating to--
``(i) physical risks posed to the covered
issuer by climate change; and
``(ii) transition risks posed to the
covered issuer by climate change;
``(B) a description of any established corporate
governance processes and structures to identify,
assess, and manage climate-related risks;
``(C) a description of specific actions that the
covered issuer is taking to mitigate identified risks;
``(D) a description of the resilience of any
strategy the covered issuer has for addressing climate
risks when differing climate scenarios are taken into
consideration; and
``(E) a description of how climate risk is
incorporated into the overall risk management strategy
of the covered issuer.
``(4) Rule of construction.--Nothing in paragraph (3) may
be construed as precluding a covered issuer from including, in
an annual report submitted under subsection (a) or section
15(d), any information not explicitly referenced in such
paragraph.
``(5) Rulemaking.--The Commission, in consultation with the
appropriate climate principals, shall, not later than 2 years
after the date of the enactment of this subsection, issue rules
with respect to the information that a covered issuer is
required to disclose pursuant to this subsection and such rules
shall--
``(A) establish climate-related risk disclosure
rules, which shall--
``(i) be, to the extent practicable,
specialized for industries within specific
sectors of the economy, which shall include--
``(I) the sectors of finance,
insurance, transportation, electric
power, mining, and non-renewable
energy; and
``(II) any other sector determined
appropriate by the Commission, in
consultation with the appropriate
climate principals;
``(ii) include reporting standards for
estimating and disclosing direct and indirect
greenhouse gas emissions by a covered issuer,
and any affiliates of the covered issuer, which
shall--
``(I) disaggregate, to the extent
practicable, total emissions of each
specified greenhouse gas by the covered
issuer; and
``(II) include greenhouse gas
emissions by the covered issuer during
the period covered by the disclosure;
``(iii) include reporting standards for
disclosing, with respect to a covered issuer--
``(I) the total amount of fossil
fuel-related assets owned or managed by
the covered issuer; and
``(II) the percentage of fossil
fuel-related assets as a percentage of
total assets owned or managed by the
covered issuer;
``(iv) specify requirements for, and the
disclosure of, input parameters, assumptions,
and analytical choices to be used in climate
scenario analyses required under subparagraph
(B)(i), including--
``(I) present value discount rates;
and
``(II) time frames to consider,
including 5-, 10-, and 20-year time
frames; and
``(v) include reporting standards and
guidance with respect to the information
required under subparagraph (B)(iii);
``(B) require that a covered issuer, with respect
to a disclosure required under this subsection--
``(i) incorporate into such disclosure--
``(I) quantitative analysis to
support any qualitative statement made
by the covered issuer;
``(II) the rules established under
subparagraph (A);
``(III) industry-specific metrics
that comply with the requirements under
subparagraph (A)(i);
``(IV) specific risk management
actions that the covered issuer is
taking to address identified risks;
``(V) a discussion of the short-,
medium-, and long-term resilience of
any risk management strategy, and the
evolution of applicable risk metrics,
of the covered issuer under each
scenario described in clause (ii); and
``(VI) the total cost attributable
to the direct and indirect greenhouse
gas emissions of the covered issuer,
using, at minimum, the social cost of
carbon;
``(ii) consider, when preparing any
qualitative or quantitative risk analysis
statement contained in the disclosure--
``(I) a baseline scenario that
includes physical impacts of climate
change;
``(II) a 1.5 degrees scenario; and
``(III) any additional climate
analysis scenario considered
appropriate by the Commission, in
consultation with the appropriate
climate principals;
``(iii) if the covered issuer engages in
the commercial development of fossil fuels,
include in the disclosure--
``(I) an estimate of the total and
a disaggregated amount of direct and
indirect greenhouse gas emissions of
the covered issuer that are
attributable to--
``(aa) combustion;
``(bb) flared hydrocarbons;
``(cc) process emissions;
``(dd) directly vented
emissions;
``(ee) fugitive emissions
or leaks; and
``(ff) land use changes;
``(II) a description of--
``(aa) the sensitivity of
fossil fuel reserve levels to
future price projection
scenarios that incorporate the
social cost of carbon;
``(bb) the percentage of
the reserves of the covered
issuer that will be developed
under the scenarios established
in clause (ii), as well as a
forecast for the development
prospects of each reserve under
the scenarios established in
clause (ii);
``(cc) the potential amount
of direct and indirect
greenhouse gas emissions that
are embedded in proved and
probable reserves, with each
such calculation presented as a
total and in subdivided
categories by the type of
reserve;
``(dd) the methodology of
the covered issuer for
detecting and mitigating
fugitive methane emissions,
which shall include the
frequency with which applicable
assets of the covered issuer
are observed for methane leaks,
the processes and technology
that the covered issuer uses to
detect methane leaks, the
percentage of assets of the
covered issuer that the covered
issuer inspects under that
methodology, and quantitative
and time-bound reduction goals
of the issuer with respect to
methane leaks;
``(ee) the amount of water
that the covered issuer
withdraws from freshwater
sources for use and consumption
in operations of the covered
issuer; and
``(ff) the percentage of
the water described in item
(ee) that comes from regions of
water stress or that face
wastewater management
challenges; and
``(III) any other information that
the Commission determines is--
``(aa) necessary;
``(bb) appropriate to
safeguard the public interest;
or
``(cc) directed at ensuring
that investors are informed in
accordance with the findings
described in paragraph (2);
``(C) with respect to a disclosure required under
section 13(s) of the Securities Exchange Act of 1934,
require that a covered issuer include in such
disclosure any other information, or use any climate-
related or greenhouse gas emissions metric, that the
Commission, in consultation with the appropriate
climate principals, determines is--
``(i) necessary;
``(ii) appropriate to safeguard the public
interest; or
``(iii) directed at ensuring that investors
are informed in accordance with the findings
described in paragraph (2); and
``(D) with respect to a disclosure required under
section 13(s) of the Securities Exchange Act of 1934,
establish how and where the required disclosures shall
be addressed in the covered issuer's annual financial
filing.
``(6) Formatting.--The Commission shall require issuers to
disclose information in an interactive data format and shall
develop standards for such format, which shall include
electronic tags for information that the Commission determines
is--
``(A) necessary;
``(B) appropriate to safeguard the public interest;
or
``(C) directed at ensuring that investors are
informed in accordance with the findings described in
paragraph (2).
``(7) Periodic update of rules.--The Commission shall
periodically update the rules issued under this subsection.
``(8) Compilation of information disclosed.--The Commission
shall, to the maximum extent practicable make a compilation of
the information disclosed by issuers under this subsection
publicly available on the website of the Commission and update
such compilation at least once each year.
``(9) Reports.--
``(A) Report to congress.--The Commission shall--
``(i) conduct an annual assessment
regarding the compliance of covered issuers
with the requirements of this subsection;
``(ii) submit to the appropriate
congressional committees a report that contains
the results of each assessment conducted under
clause (i); and
``(iii) make each report submitted under
clause (ii) accessible to the public.
``(B) GAO report.--The Comptroller General of the
United States shall periodically evaluate, and report
to the appropriate congressional committees on, the
effectiveness of the Commission in carrying out and
enforcing this subsection.''.
SEC. 853. BACKSTOP.
If, 2 years after the date of the enactment of this Act, the
Securities and Exchange Commission has not issued the rules required
under section 13(s) of the Securities Exchange Act of 1934, and until
such rules are issued, a covered issuer (as defined in such section
13(s)) shall be deemed in compliance with such section 13(s) if
disclosures set forth in the annual report of such issuer satisfy the
recommendations of the Task Force on Climate-related Financial
Disclosures of the Financial Stability Board as reported in June, 2017,
or any successor report, and as supplemented or adjusted by such rules,
guidance, or other comments from the Securities and Exchange
Commission.
TITLE IX--WASTE REDUCTION
Subtitle A--Clean Air
SEC. 901. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered facility.--The term ``covered facility''
means--
(A) an industrial facility that transforms natural
gas liquids into ethylene and propylene for later
conversion into plastic polymers;
(B) a plastic polymerization or polymer production
facility; and
(C) an industrial facility that repolymerizes
plastic polymers into chemical feedstocks for use in
new products or as fuel.
(3) Covered product.--The term ``covered product'' means--
(A) ethylene;
(B) propylene;
(C) polyethylene in any form (including pellets,
resin, nurdle, powder, and flakes);
(D) polypropylene in any form (including pellets,
resin, nurdle, powder, and flakes);
(E) polyvinyl chloride in any form (including
pellets, resin, nurdle, powder, and flakes); and
(F) other plastic polymer raw materials in any form
(including pellets, resin, nurdle, powder, and flakes).
(4) Environmental justice.--The term ``environmental
justice'' has the meaning given that term in section 601.
(5) Fenceline monitoring.--The term ``fenceline
monitoring'' means continuous, real-time monitoring of ambient
air quality around the entire perimeter of a facility.
(6) Frontline community.--The term ``frontline community''
means an environmental justice community (as defined in section
601) located near a covered facility.
(7) Temporary pause period.--The term ``temporary pause
period'' means the period--
(A) beginning on the date of enactment of this Act;
and
(B) ending on the date that is the first date on
which all regulations required under section 902(c) are
in effect.
(8) Zero-emissions energy.--The term ``zero-emissions
energy'' means energy that is produced without emitting any
greenhouse gas.
SEC. 902. CLEAN AIR.
(a) Temporary Pause.--During the temporary pause period,
notwithstanding any other provision of law--
(1) the Administrator shall not issue a new permit for a
covered facility under the Clean Air Act (42 U.S.C. 7401 et
seq.); and
(2) the Administrator shall object in writing under
subsections (b) and (c) of section 505 of the Clean Air Act (42
U.S.C. 7661d), as applicable, to any new permit for a covered
facility issued under the Clean Air Act (42 U.S.C. 7401 et
seq.) by a State or local government pursuant to delegated
authority.
(b) Study.--
(1) In general.--
(A) Agreement.--The Administrator shall offer to
enter into an agreement with the National Academy of
Sciences and the National Institutes of Health to
conduct a study of--
(i) the existing and planned expansion of
the industry of the producers of covered
products, including the entire supply chain,
end uses, disposal fate, and lifecycle impacts
of covered products;
(ii) the environmental justice and
pollution impacts of covered facilities and the
products of covered facilities;
(iii) the existing standard technologies
and practices of covered facilities with
respect to the discharge and emission of
pollutants into the environment; and
(iv) the best available technologies and
practices that reduce or eliminate the
environmental justice and pollution impacts of
covered facilities and the products of covered
facilities.
(B) Failure to enter agreement.--If the
Administrator fails to enter into an agreement
described in subparagraph (A), the Administrator shall
conduct the study described in such subparagraph.
(2) Requirements.--The study under paragraph (1) shall--
(A) consider--
(i) the direct, indirect, and cumulative
environmental impacts of the industries of
covered facilities to date; and
(ii) the impacts of the planned expansion
of those industries, including local, regional,
national, and international air, water, waste,
climate change, public health, and
environmental justice impacts of those
industries; and
(B) recommend technologies, standards, and
practices to remediate or eliminate the local,
regional, national, and international air, water,
waste, climate change, public health, and environmental
justice impacts of covered facilities and the
industries of covered facilities.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study under
paragraph (1).
(c) Controlling Air Pollution.--
(1) New source performance standards.--
(A) Regulation.--Not later than 3 years after the
date of enactment of this Act, the Administrator shall
finalize regulations pursuant to section 111 of the
Clean Air Act (42 U.S.C. 7411) to limit emissions of
greenhouse gases and other air pollutants from covered
facilities.
(B) New sources.--The regulation required by
subparagraph (A) shall provide for the establishment,
implementation, and enforcement of standards of
performance limiting emissions of greenhouse gases and
other air pollutants under section 111(b) of the Clean
Air Act (42 U.S.C. 7411(b)) for emissions from new,
reconstructed, and modified covered facilities that are
new sources (as defined in section 111(a) of such Act
(42 U.S.C. 7411(a))).
(C) Standards of performance.--The standards of
performance required by subparagraph (B) shall--
(i) require the application of the best
system of emission reduction to include the use
of zero-emissions energy sources, except to the
extent that waste gases are recycled; and
(ii) include necessary conditions and
procedures for the Administrator to determine
that certain activities at covered facilities
require the use of non-zero-emissions energy
sources.
(D) Designation as category of stationary
sources.--The regulation required by subparagraph (A)
shall designate ethylene, propylene, polyethylene, and
polypropylene production facilities as a category of
stationary sources under section 111(b)(1)(A) of the
Clean Air Act (42 U.S.C. 7411(b)(1)(A)).
(E) Protection of frontline communities.--The
regulation required by subparagraph (A) shall include
such updates to existing standards of performance under
section 111 of the Clean Air Act (42 U.S.C. 7411) as
the Administrator determines to be necessary,
accounting for technological advances, to ensure the
protection of the health and welfare of frontline
communities. Such updates shall include--
(i) with respect to, at covered facilities,
storage vessels containing liquid with a vapor
pressure of equal to or more than 5 millimeters
of mercury under actual storage conditions,
ensuring that owners or operators of such
storage vessels use an internal floating or
fixed roof tank connected to a volatile organic
compound control device;
(ii) with respect to elevated or ground-
level flaring at covered facilities, updating
standards to ensure that--
(I) such flaring is permitted only
when necessary for safety reasons; and
(II) such standards are, without
exception, continuously applied;
(iii) with respect to synthetic organic
chemical manufacturing industry (commonly
referred to as ``SOCMI'') equipment used at
covered facilities--
(I) ensuring that owners and
operators of such equipment, wherever
possible, use process units and
components with a leak-less or seal-
less design;
(II) ensuring that owners and
operators of such equipment use optical
gas imaging to identify leaks on a
quarterly basis;
(III) prohibiting the use of open-
ended valves or lines except for safety
reasons;
(IV) lowering the threshold for
``no detectable emissions'' to mean an
instrument reading of less than 50
parts per million above background
concentrations; and
(V) defining a leak as any
instrument reading above the standard
described in subclause (IV);
(iv) with respect to natural gas-fired
steam boilers at covered facilities, ensuring
that such boilers may burn only gaseous fuels,
not solid or liquid fuels; and
(v) with respect to air emissions
monitoring at covered facilities, requiring--
(I) accurate and continuous
emissions monitoring of criteria air
pollutants subject to a standard issued
under section 109 of the Clean Air Act
(42 U.S.C. 7409) for all combustion
devices except non-enclosed flares;
(II) fenceline monitoring for the
pollutants listed in subclause (I) and
other relevant air pollutants; and
(III) accurate and continuous
recordkeeping when monitoring described
in subclauses (I) and (II) is required
and making such records publicly
available.
(2) National emission standards for hazardous air
pollutants.--
(A) Regulation.--Not later than 3 years after the
date of enactment of this Act, the Administrator shall
finalize regulations pursuant to section 112 of the
Clean Air Act (42 U.S.C. 7412) to further limit
emissions of hazardous air pollutants (as defined in
section 112(a) of the Clean Air Act (42 U.S.C. 7412(a))
from covered facilities and benzene waste operations.
(B) Maximum achievable control technology
standards.--The regulations required by subparagraph
(A) shall provide for the establishment,
implementation, and enforcement of updated maximum
achievable control technology standards for covered
facilities and benzene waste operations. Such standards
shall--
(i) at a minimum, prohibit, for any
hazardous air pollutant, an instrument reading
of 50 or more parts per million above
background concentrations;
(ii) define a leak of a hazardous air
pollutant as any instrument reading above the
standard described in clause (i); and
(iii) include necessary conditions and
procedures for the Administrator to determine
whether covered facilities and benzene waste
operations exhibit any such leaks.
(C) Protection of frontline communities.--The
regulation required by subparagraph (A) shall include
such updates to existing requirements under section 112
of the Clean Air Act (42 U.S.C. 7412) as the
Administrator determines to be necessary, accounting
for technological advances, to ensure the protection of
the health and welfare of frontline communities. Such
updates shall include--
(i) disallowing the use of alternative
means of emission limitation for the purpose of
reducing benzene emissions; and
(ii) updating standards for covered
facilities and benzene waste operations in
accordance with subparagraph (B)(ii).
SEC. 903. ENVIRONMENTAL JUSTICE.
(a) In General.--The Administrator shall by rule ensure that--
(1) any proposed permit to be issued under the Clean Air
Act (42 U.S.C. 7401 et seq.) with respect to a covered facility
by the Administrator, or by a State or local agency to which
the Administrator has delegated authority to issue such permit,
is accompanied by an environmental justice assessment that--
(A) assesses the direct and disparate economic,
environmental, and public health impacts of the
proposed permit on frontline communities; and
(B) proposes changes or alterations to the proposed
permit that would, to the maximum extent practicable,
eliminate or mitigate the impacts described in
subparagraph (A);
(2) one or more public meetings is held in frontline
communities prior to the beginning of the public comment period
for the proposed permit;
(3) technical assistance is provided to residents of
frontline communities seeking to participate in the public
comment period for the proposed permit, either from--
(A) the Environmental Protection Agency; or
(B) expert sources chosen by residents of frontline
communities;
(4) each proposed permit and environmental justice
assessment described in paragraph (1) is delivered to
applicable frontline communities at the beginning of the public
comment period for the proposed permit, which shall include
notification through--
(A) direct means; and
(B) publications likely to be obtained by residents
of the frontline community;
(5) the Administrator or the State or local agency
described in paragraph (1), as applicable, shall not approve
the proposed permit unless--
(A) changes or alterations have been incorporated
into the proposed permit that, to the maximum extent
practicable, eliminate or mitigate the environmental
justice impacts described in paragraph (1)(A); and
(B) the changes or alterations described in
subparagraph (A) have been developed with input from
residents or representatives of the frontline community
in which the covered facility to which the proposed
permit would apply is located or seeks to locate; and
(6) the approval of the proposed permit is conditioned on
the covered facility providing comprehensive fenceline
monitoring and response strategies that fully protect public
health and safety and the environment in frontline communities.
(b) Input.--In promulgating a rule to carry out subsection (a),
including any revision to such rule, the Administrator shall solicit
input from--
(1) residents of frontline communities; and
(2) representatives of frontline communities.
(c) Final Rule.--Not later than 3 years after the date of enactment
of this Act, the Administrator shall promulgate a final rule to carry
out subsection (a).
Subtitle B--Product Standards and Producer Responsibility
SEC. 911. PRODUCT STANDARDS AND PRODUCER RESPONSIBILITY.
(a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding at the end the following:
``Subtitle K--Product Standards and Producer Responsibility
``SEC. 12001. DEFINITIONS.
``In this subtitle:
``(1) Beverage.--
``(A) In general.--The term `beverage' means any
drinkable liquid intended for human oral consumption
that is--
``(i) water;
``(ii) flavored, soda, mineral, or coconut
water;
``(iii) beer, wine, liquor, hard cider,
hard seltzer, a wine cooler, or a malt
beverage;
``(iv) a carbonated soft drink;
``(v) tea;
``(vi) coffee;
``(vii) fruit juice;
``(viii) dairy or plant-based milk;
``(ix) kombucha;
``(x) an energy or sports drink;
``(xi) a yogurt drink;
``(xii) a probiotic drink; or
``(xiii) any other drinkable liquid
determined to be appropriate by the
Administrator.
``(B) Exclusions.--The term `beverage' does not
include--
``(i) a product marketed as a liquid meal
replacement with caloric and nutritional value
intended to replace a regular meal;
``(ii) infant formula;
``(iii) a drug regulated under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.);
``(iv) any other beverage that is exempted
by a rule of the Administrator.
``(2) Beverage container.--
``(A) In general.--The term `beverage container'
means an individual and sealed glass, metal, or plastic
bottle, can, or jar that--
``(i) contains a beverage; and
``(ii) the volume of which is not more than
3 liters.
``(B) Exclusion.--The term `beverage container'
does not include a carton, foil pouch, drink box, or
metal container that requires a tool to be opened in
order to be recycled.
``(3) Compostable.--
``(A) In general.--The term `compostable' means,
with respect to a covered product, that the covered
product--
``(i)(I) meets the ASTM International
standard specification for compostable products
numbered D6400 or D6868--
``(aa) as in effect on the date of
enactment of this subtitle; or
``(bb) as revised after the date of
enactment of this subtitle, if the
revision is approved by the
Administrator; and
``(II) is labeled to reflect that the
covered product meets a standard described in
subclause (I);
``(ii) is certified as a compostable
product by an independent party that is
approved by the Administrator; or
``(iii) comprises only--
``(I) wood without any coatings,
additives, or toxic substances; or
``(II) natural or biodegradable
fiber without any coatings, additives,
or toxic substances.
``(B) Exclusion.--The term `compostable' shall not
apply to paper.
``(4) Covered product.--
``(A) In general.--The term `covered product'
means, regardless of recyclability, compostability, or
material type--
``(i) packaging;
``(ii) a food service product;
``(iii) paper; and
``(iv) any other consumer product that is
designed to be disposed of, recycled, or
otherwise discarded after a single use.
``(B) Exclusion.--The term `covered product' does
not include a beverage container.
``(5) Distributor.--The term `distributor' means an entity
that engages in the sale of a covered product or beverage in a
beverage container to a retailer, including any manufacturer
who engages in such sale.
``(6) Food service product.--The term `food service
product' means an item intended to deliver a food product,
regardless of the recyclability or compostability of the item,
including--
``(A) a utensil;
``(B) a straw;
``(C) a drink cup;
``(D) a drink lid;
``(E) a food package;
``(F) a food container;
``(G) a plate;
``(H) a bowl;
``(I) a meat tray; and
``(J) a food wrap.
``(7) Importer.--The term `importer' means any retailer or
manufacturer who directly imports a covered product or beverage
in a beverage container into the United States.
``(8) Manufacturer.--The term `manufacturer' means an
entity bottling, canning, or otherwise filling a covered
product or beverage container for sale to a distributor,
importer, or retailer.
``(9) Packaging.--
``(A) In general.--The term `packaging' means--
``(i) any package or container, regardless
of recyclability or compostability; and
``(ii) any part of a package or container,
regardless of recyclability or compostability,
that includes material that is used for the
containment, protection, handling, delivery,
and presentation of goods that are sold,
offered for sale, or distributed to consumers
in the United States, including through an
internet transaction.
``(B) Inclusions.--The term `packaging' includes--
``(i) a package or container intended for
the consumer market;
``(ii) a package or container designed and
intended to be used or filled at the point of
sale, such as carry-out bags, bulk good bags,
and home delivery food service packaging;
``(iii) a secondary package or container
used to group products for multiunit sale;
``(iv) a tertiary package or container used
for transportation or distribution directly to
a consumer; and
``(v) ancillary elements hung or attached
to a product and performing a packaging
function.
``(C) Exclusion.--The term `packaging' does not
include a package or container designed to store or
protect a product, without being opened or tampered
with, for more than 5 years.
``(10) Paper.--
``(A) In general.--The term `paper' means paper
that is sold, offered for sale, delivered, or
distributed to a consumer or business in the United
States.
``(B) Inclusions.--The term `paper' includes--
``(i) newsprint and inserts;
``(ii) magazines and catalogs;
``(iii) promotional or advertising paper
mail;
``(iv) paper meant for packaging;
``(v) office paper; and
``(vi) telephone or other similar
directories.
``(C) Exclusions.--The term `paper' does not
include--
``(i) a paper product that, due to the
intended use of the paper product, could become
unsafe or unsanitary to recycle; or
``(ii) a bound soft-cover or hard-cover
book.
``(11) Recyclable.--The term `recyclable' means, with
respect to a covered product or beverage container, that--
``(A) the covered product or beverage container is
economically and technically possible to recycle;
``(B) United States processing capacity is in
operation to recycle, with the geographical
distribution of the capacity aligned with the
population of geographical regions of the United
States, of the total quantity of the covered product or
beverage container produced in the United States--
``(i) for each of calendar years 2022
through 2026, not less than 25 percent;
``(ii) for each of calendar years 2027
through 2031, not less than 35 percent;
``(iii) for each of calendar years 2032
through 2036, not less than 50 percent; and
``(iv) for calendar year 2037 and each
calendar year thereafter, not less than 60
percent; and
``(C) the consumer that uses the covered product or
beverage container is not required to remove an
attached component of the covered product or beverage
container, such as a shrink sleeve, label, or filter,
before the covered product or beverage container can be
recycled.
``(12) Recycle; recycling.--
``(A) In general.--The terms `recycle' or
`recycling' mean the series of activities by which a
covered product or beverage container is--
``(i) collected, sorted, and processed; and
``(ii)(I) converted into a raw material
with minimal loss of material quality; or
``(II) used in the production of a new
product, including one that is identical to the
original product.
``(B) Exclusion.--The terms `recycle' or
`recycling' do not include--
``(i) the method of sorting, processing,
and aggregating materials from solid waste that
does not preserve the original material
quality, and, as a result, produces aggregated
material that is no longer usable for its
initial purpose or product and can only be
repurposed for use in a product of lower
quality and lower market value (commonly
referred to as `downcycling');
``(ii) the use of waste--
``(I) as a fuel or fuel substitute;
``(II) for energy production;
``(III) for alternate operating
cover at a landfill; or
``(IV) within the footprint of a
landfill; or
``(iii) the conversion of waste into
alternative products, such as chemicals,
feedstocks, fuels, and energy, through--
``(I) pyrolysis;
``(II) hydropyrolysis;
``(III) methanolysis;
``(IV) gasification;
``(V) enzymatic breakdown; or
``(VI) a similar technology, as
determined by the Administrator.
``(13) Restaurant.--
``(A) In general.--The term `restaurant' means an
establishment the primary business of which is the
preparation of food or beverage--
``(i) for consumption by the public;
``(ii) in a form or quantity that is
consumable immediately at the establishment,
whether or not the food or beverage is consumed
within the confines of the place where the food
or beverage is prepared; or
``(iii) for take-out.
``(B) Inclusion.--The term `restaurant' includes a
fast food establishment.
``(14) Retailer.--The term `retailer' means an entity
that--
``(A) engages in the sale of a covered product or
beverage in a beverage container to a consumer;
``(B) provides a covered product or beverage in a
beverage container to another entity in commerce,
including provision free of charge, such as at a
workplace or event; or
``(C) is an owner or operator of a vending machine
or similar means who engages in the sale or provision
described in (A) or (B) through such vending machine or
similar means.
``(15) Reusable.--The term `reusable' means, with respect
to a covered product or beverage container, that the covered
product or beverage container is physically capable of being
reused repeatedly without degrading the quality or
functionality of the good.
``(16) Toxic substance.--
``(A) In general.--The term `toxic substance' means
any substance, mixture, or compound that--
``(i) may cause personal injury or disease
to humans through ingestion, inhalation, or
absorption through any body surface; and
``(ii) satisfies one or more of the
following conditions:
``(I) The substance, mixture, or
compound is subject to reporting
requirements under--
``(aa) the Emergency
Planning and Community Right-
To-Know Act of 1986 (42 U.S.C.
11001 et seq.);
``(bb) the Comprehensive
Environmental Response,
Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et
seq.); or
``(cc) section 112(r) of
the Clean Air Act (42 U.S.C.
7412(r)).
``(II) Testing has produced
evidence recognized by the National
Institute for Occupational Safety and
Health or the Environmental Protection
Agency that the substance, mixture, or
compound poses acute or chronic health
hazards.
``(III) The Administrator or the
Secretary of Health and Human Services
has issued a public health advisory for
the substance, mixture, or compound.
``(IV) Exposure to the substance,
mixture, or compound is shown by expert
testimony recognized by the
Environmental Protection Agency to
increase the risk of developing a
latent disease.
``(V) The substance, mixture, or
compound is a perfluoroalkyl or
polyfluoroalkyl substance.
``(B) Exclusions.--The term `toxic substance' does
not include--
``(i) a pesticide applied--
``(I) in accordance with Federal,
State, and local laws (including
regulations); and
``(II) in accordance with the
instructions of the manufacturer of the
pesticide; or
``(ii) ammunition, a component of
ammunition, a firearm, an air rifle, discharge
of a firearm or an air rifle, hunting or
fishing equipment, or a component of hunting or
fishing equipment.
``(17) Utensil.--
``(A) In general.--The term `utensil' means a
product designed to be used by a consumer to facilitate
the consumption of a food or beverage.
``(B) Inclusions.--The term `utensil' includes a
knife, a fork, a spoon, a spork, a cocktail pick, a
chopstick, a splash stick, and a stirrer.
``SEC. 12002. RECYCLED CONTENT STANDARDS.
``(a) Plastic Beverage Containers.--
``(1) In general.--Subject to paragraph (2), the
Administrator shall require each manufacturer of plastic
beverage containers to make the plastic beverage containers--
``(A) by 2025, of 25 percent post-consumer recycled
content from United States sources;
``(B) by 2030, of 30 percent post-consumer recycled
content from United States sources;
``(C) by 2035, of 50 percent post-consumer recycled
content from United States sources;
``(D) by 2040, of 80 percent post-consumer recycled
content from United States sources; and
``(E) by such dates thereafter as the Administrator
shall establish, such percentages of post-consumer
recycled content from United States sources as the
Administrator determines by a rule to be appropriate.
``(2) Adjustment.--After consideration of the results of
the study under subsection (b)(1), the Administrator may issue
regulations to modify one or more of the percentages described
in subparagraphs (A) through (D) of paragraph (1).
``(b) Other Covered Products and Beverage Containers.--
``(1) Study.--The Administrator, in coordination with the
Director of the National Institute of Standards and Technology,
the Commissioner of Food and Drugs, and the head of any other
relevant Federal agency, shall carry out a study to determine
the technical and safe minimum post-consumer recycled content
requirements for covered products and beverage containers,
including beverage containers composed of glass, aluminum, and
other materials.
``(2) Report.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subtitle, the Administrator
shall submit to Congress a report describing the
results of the study under paragraph (1), including--
``(i) an estimate of the current and
projected consumption of covered products and
use of beverage containers in the United
States;
``(ii) an estimate of current and projected
future recycling rates of covered products and
beverage containers in the United States;
``(iii) an assessment of techniques and
recommendations to minimize the creation of new
materials for covered products and beverage
containers; and
``(iv) an assessment of--
``(I) post-consumer recycled
content standards for covered products
and beverage containers that are
technologically feasible; and
``(II) the impact of the standards
described in subclause (I) on recycling
rates of covered products and beverage
containers.
``(B) Publication.--On submission of the report
under subparagraph (A) to Congress, the Administrator
shall publish in the Federal Register for public
comment--
``(i) the report; and
``(ii) a description of the actions the
Administrator intends to take during the 1-year
period after the date of publication in the
Federal Register to establish minimum post-
consumer recycled content standards for covered
products and beverage containers.
``(3) Minimum standards.--
``(A) In general.--Not later than 1 year after the
Administrator publishes the report under paragraph
(2)(B), the Administrator shall establish minimum post-
consumer recycled content standards for covered
products and beverage containers.
``(B) Requirement.--The standards established under
subparagraph (A) shall increase the percentage by which
covered products and beverage containers shall be
composed of post-consumer recycled content over a time
period established by the Administrator.
``SEC. 12003. DESIGNING FOR THE ENVIRONMENT.
``(a) In General.--The Administrator shall require each
manufacturer of a covered product or beverage container to design the
covered products and beverage containers to minimize the environmental
and health impacts of the covered products and beverage containers.
``(b) Requirements.--In designing a covered product or beverage
container in accordance with subsection (a), to minimize the impacts of
extraction, manufacture, use, and end-of-life management, a
manufacturer shall consider--
``(1) eliminating or reducing the quantity of material
used;
``(2) eliminating toxic substances;
``(3) designing for reuse, refill, and lifespan extension;
``(4) incorporating recycled materials;
``(5) designing to reduce environmental impacts across the
lifecycle of a product;
``(6) incorporating sustainably and renewably sourced
material;
``(7) optimizing material to use the minimum quantity of
packaging necessary to effectively deliver a product without
damage or spoilage;
``(8) degradability of materials in cold-water
environments; and
``(9) improving recyclability and compostability.
``SEC. 12004. PRODUCT LABELING.
``(a) In General.--A manufacturer shall include labels on covered
products and beverage containers that--
``(1) are easy to read;
``(2) indicate that the covered product or beverage
container is--
``(A) recyclable;
``(B) not recyclable;
``(C) compostable; or
``(D) reusable;
``(3) in the case of a covered product or beverage
container that is not recyclable, does not include the
universal chasing arrows recycling symbol or any other similar
symbol that would lead a consumer to believe that the item
should be sorted for recycling;
``(4) in the case of a plastic bag that is not compostable,
is not tinted green or brown;
``(5) in the case of a compostable bag, is tinted green or
brown and includes information identifying the entity
designated by the Administrator that has certified that the
product is compostable; and
``(6) in the case of a covered product or beverage
container that is compostable, includes a green or brown stripe
or similar marking to identify that the item is compostable.
``(b) Standardized Labels.--The Administrator shall establish or
approve a standardized label for each category of covered product and
beverage container to be used by manufacturers under subsection (a).
``(c) Requirement.--A label described in subsection (a), including
a shrink sleeve--
``(1) shall be compatible with the intended method of
discard for the covered product or beverage container; and
``(2) shall not require removal by consumers in order to be
discarded in the intended method.
``(d) Compatibility.--The Administrator shall encourage label
manufacturers, in coordination with the supply chains of those
manufacturers, including substrate suppliers, converters, and ink
suppliers, to work with the recycling industry to address label
recycling compatibility challenges.
``(e) Wet Wipes.--With respect to the label described in subsection
(a) for a wet wipe product--
``(1) in the case of a wet wipe product sold in the United
States that is intended to be disposed of in the solid waste
stream, the label shall include--
``(A) on the front of the package near the
dispensing point, the statement `Do Not Flush'; and
``(B) in high contrast font and color, a `Do Not
Flush' moniker and symbol that is otherwise in
accordance with the voluntary guidelines for labeling
practices of the nonwoven fabrics industry contained in
the Code of Practice of the Association of the Nonwoven
Fabrics Industry and the European Disposables and
Nonwovens Association, entitled `Communicating
Appropriate Disposal Pathways for Nonwoven Wipes to
Protect Wastewater Systems', second edition, as
published in April 2017;
``(2) in the case of a wet wipe product sold in the United
States that is capable of being, or intended to be, disposed of
in a sewer or septic system the label may include the statement
`flushable', `sewer and septic safe', or other statement that
the product is intended to be disposed of in a sewer or septic
system if the product--
``(A) meets the performance standards for
dispersibility in a sewer system or septic system
established by the International Water Services
Flushability Group (as in effect on the date of
enactment of this subtitle); and
``(B) does not contain chemicals or additives
harmful to the public wastewater infrastructure; and
``(3) in the case of a wet wipe product that is composed of
plastic or other synthetic material, including regenerated
cellulosic fibers--
``(A) the label, marketing claims, or other
advertisements for the product may not identify the
product as `flushable', `sewer and septic safe', or
otherwise intended to be disposed of in a sewer or
septic system; and
``(B) the label shall clearly and conspicuously
state that the product contains plastic or other
synthetic material.
``SEC. 12005. RECYCLING AND COMPOSTING RECEPTACLE LABELING.
``(a) Definitions.--In this section:
``(1) Public space.--The term `public space' means a
business, an airport, a school, a stadium, a government office,
a park, and any other public space, as determined by the
Administrator.
``(2) Recycling or composting receptacle.--The term
`recycling or composting receptacle' means a recycling or
composting bin, cart, or dumpster.
``(3) Residential recycling and composting program.--The
term `residential recycling and composting program' means a
recycling and composting program that services single family
dwellings, multifamily dwellings or facilities, or both.
``(b) In General.--The Administrator shall develop and publish
guidelines for a national standardized labeling system for recycling
and composting receptacles that use a methodology that is consistent
throughout the United States to assist members of the public in
properly recycling and composting. Labels shall--
``(1) use a national standardized methodology of colors,
images, format, and terminology, including to address diverse
ethnic populations;
``(2) be placed on recycling and composting receptacles in
public spaces; and
``(3) communicate to users of those recycling and
composting receptacles--
``(A) the specific recyclables and compostables
accepted locally; and
``(B) the specific rules of sorting for local
recycling and composting systems.
``(c) Development of Labels.--
``(1) In general.--Manufacturers in the United States
shall, in accordance with the guidelines published under
subsection (b), work with State and local governments, as
applicable, to use the national standardized labeling system to
develop labels for use on recycling and composting receptacles
in public spaces.
``(2) Simple and detailed versions.--In developing labels
under paragraph (1), manufacturers shall develop--
``(A) a simple version of the label for use on
recycling and composting receptacles used in public
spaces, which shall communicate general guidance on
local recycling and composting requirements; and
``(B) a detailed version of the label for use on
recycling and composting receptacles used as part of a
residential recycling and composting program, taking
into consideration the complexity of the packaging and
products disposed of by single family dwellings and
multifamily dwellings and facilities.
``(d) Distribution of Labels.--
``(1) Simple version.--
``(A) In general.--Manufacturers and, as
applicable, distributors shall work with State and
local governments, as applicable, to distribute the
simple version of the label developed under subsection
(c)(2)(A) to each customer that owns or operates a
public space within the jurisdiction of the relevant
State or local government.
``(B) Quantity.--The quantity of labels distributed
to an owner or operator of a public space under
subparagraph (A) shall be reasonably sufficient to
ensure that a label may be placed on each recycling and
composting receptacle in that public space.
``(C) Additional labels.--If the quantity of labels
distributed under subparagraph (B) is insufficient,
manufacturers and, as applicable, distributors shall
make available to owners and operators described in
subparagraph (A) additional labels to purchase or
download.
``(D) Requirement of owners and operators.--An
owner or operator of a public space that receives
labels under subparagraph (A) shall display the labels
on the recycling and composting receptacles in that
public space.
``(2) Detailed version.--An owner or operator, including
any municipal or private entity, that services a residential
recycling and composting program shall display a detailed
standardized label developed under subsection (c)(2)(B) on each
recycling and composting receptacle used by the residential
recycling and composting program.
``(e) Groups.--Manufacturers and, as applicable, distributors may
form organizations to act on their behalf to comply with subsections
(c) and (d).
``SEC. 12006. RECYCLING AND COMPOSTING COLLECTION.
``The Administrator, in consultation with manufacturers,
distributors, State and local governments, and affected stakeholders,
shall issue guidance to standardize--
``(1) recycling and composting collection across
communities and States; and
``(2) reporting to the Administrator of rates of recycling,
composting, and other forms of waste management across
communities and States.
``SEC. 12007. PROTECTION OF LOCAL GOVERNMENTS.
``Nothing in this subtitle preempts any State or local law in
effect on or after the date of enactment of this subtitle that--
``(1) requires beverage containers or other covered
products to be made of a greater percentage of post-consumer
recycled content than required under section 12002; or
``(2) in any other way exceeds the requirements of this
subtitle.
``SEC. 12008. ANNUAL ASSESSMENT OF PLASTIC WASTE.
``(a) In General.--The Administrator shall conduct an annual study
on the origins, quantity, and composition of plastic waste in the
municipal solid waste system.
``(b) Contents.--In carrying out subsection (a), the Administrator
shall assess--
``(1) the primary origins of plastic waste that enters the
municipal solid waste system, including from residential,
commercial, or other sources;
``(2) the quantity of plastic waste that enters the
municipal solid waste system, including by product category;
``(3) the quantity of plastic waste recycled, composted,
combusted with or without energy recovery, or landfilled,
including by product category; and
``(4) any other relevant metrics that the Administrator
determines to be appropriate.
``(c) Consultation.--The Administrator may consult with relevant
stakeholders in conducting the study under this section, including
representatives of--
``(1) public and private sector recycling, composting, and
solid waste management industries, including collection
providers;
``(2) recyclers, composters, collection providers, and
other solid waste management industries;
``(3) industry groups or associations;
``(4) any other relevant stakeholder group involved in the
management, transport, or disposal of plastic waste that the
Administrator determines to be appropriate.
``(d) Report.--Not later than 1 year after the date of enactment of
this subtitle, and annually thereafter, the Administrator shall submit
to Congress, and make publicly available on the website of the
Environmental Protection Agency, a report containing the results of the
annual study conducted under this section.
``Subtitle L--Beverage Container Collection
``SEC. 13001. DEFINITIONS.
``In this subtitle:
``(1) Area.--When used in the context of space occupied by
a retailer, the term `area' means--
``(A) the number of square feet of the building or
portion of the building leased or owned by the
retailer; and
``(B) only includes retail space if--
``(i) the retail space is less than 5,000
square feet;
``(ii) the retail space occupies less than
50 percent of the leased or owned space where
retail operations are located; and
``(iii) the nonretail space is used in
whole or in part for the manufacturing of
beverages.
``(2) Beverage.--The term `beverage' has the meaning given
that term in section 12001.
``(3) Beverage container.--The term `beverage container'
has the meaning given that term in section 12001.
``(4) Beverage distributor.--The term `beverage
distributor' means an entity that engages in the sale of a
beverage in a beverage container to a retailer, including any
manufacturer who engages in such sale.
``(5) Beverage importer.--The term `beverage importer'
means any retailer or manufacturer who directly imports a
beverage in a beverage container into the United States.
``(6) Beverage manufacturer.--The term `beverage
manufacturer' means an entity bottling, canning, or otherwise
filling a beverage container for sale to a distributor,
importer, or retailer.
``(7) Beverage retailer.--The term `beverage retailer'
means an entity that--
``(A) engages in the sale of a beverage in a
beverage container to a consumer;
``(B) provides a beverage in a beverage container
to another entity in commerce, including provision free
of charge, such as at a workplace or event; or
``(C) is an owner or operator of a vending machine
or similar means who engages in the sale or provision
described in (A) or (B) through such vending machine or
similar means.
``(8) Category of beverage.--The term `category of
beverage' means one of the following categories of beverage in
a beverage container:
``(A) Water.
``(B) Carbonated soft drinks.
``(C) All other non-alcoholic beverages (excluding
infant formula, liquid meal replacements, and any other
product excluded from the definition of a beverage).
``(D) Alcoholic beverages.
``(E) Beverages containing marijuana or hemp.
``(9) Convenience zone.--The term `convenience zone' means
a convenience zone specified by the Administrator under section
13002(e)(1)(A).
``(10) Recovery rate.--The term `recovery rate' means the
quantity of beverage containers collected divided by the
quantity of beverage containers produced, expressed as a
percentage.
``(11) Redemption center.--The term `redemption center'
means a redemption center described in section 13002(d).
``(12) Return rate.--The term `return rate' means the
number of beverage containers returned for the refund value in
accordance with section 13003(e) during a calendar year and the
number of beverage containers that carry a refund value sold
during that calendar year, calculated separately.
``SEC. 13002. BEVERAGE CONTAINER RECOVERY PROGRAMS.
``(a) In General.--Subject to subsection (b), not later than 5
years after the date of enactment of this subtitle--
``(1) every beverage container sold or offered for sale by
a retailer shall clearly indicate by embossing, a stamp, a
label, or other method securely affixed to the beverage
container, the refund value of the container;
``(2) each retailer shall pay distributors the refund value
for each beverage container delivered;
``(3) on the sale of each beverage container by a retailer,
the retailer may collect a refund value in accordance with
section 13003(e);
``(4) on return of the beverage container to a retailer or
a redemption center by a person, the retailer or redemption
center, as applicable, shall repay a refund value to the
person;
``(5) retailers that are participating in a redemption
center in accordance with subsection (d) shall collectively pay
not less than 50 percent of the cost of operating the
redemption center, which amount shall be apportioned among the
retailers based on the total volume of beverage containers sold
by each retailer;
``(6) a distributor that is a member of a distributor
cooperative under subsection (c) shall retrieve containers from
retailers or redemption centers and pay refunds through the
distributor cooperative in accordance with that subsection;
``(7) a distributor that is not a member of a distributor
cooperative under subsection (c) shall--
``(A) in a timely manner and consistent with
commercial best practices, collect beverage containers
that--
``(i) the distributor distributes to a
retailer; and
``(ii) the retailer or an applicable
redemption center has collected from consumers;
and
``(B) on receipt of each beverage container under
subparagraph (A), pay the retailer or the redemption
center, as applicable, the refund value; and
``(8) by June 1 of each calendar year, a distributor or
importer shall provide to the Administrator a report that lists
the beverage container return data for the previous calendar
year of the distributor or importer, calculated separately for
glass, metal, and plastic beverage containers.
``(b) Exception for States With Existing Programs.--
``(1) In general.--A State that has in effect a beverage
container recovery program the requirements of which are
substantially similar to, or more stringent than, the
requirements of this section may submit to the Administrator a
request to waive the applicability of this section in that
State.
``(2) Requirement.--The Administrator may approve a waiver
under paragraph (1) if the State demonstrates that the beverage
container recovery rate for the program in that State is more
than 75 percent.
``(c) Distributor Cooperatives.--
``(1) In general.--The Administrator may approve the
formation of a distributor cooperative by 2 or more
distributors or importers for the purposes of--
``(A) collecting the refund value of beverage
containers specified from distributors or importers and
refunding to retailers the amount the retailers paid
for the refund value of empty beverage containers;
``(B) paying the refund value for beverage
containers redeemed; and
``(C) processing beverage containers.
``(2) Applications.--
``(A) In general.--Applications to become a
distributor cooperative described in paragraph (1)
shall be submitted to the Administrator.
``(B) Contents.--An application under subparagraph
(A) shall include--
``(i) evidence of consultation with
stakeholders prior to submitting the
application for approval;
``(ii) assurances that--
``(I) the distributor cooperative
will provide an opportunity for
stakeholder input in the implementation
and operation of the activities
described in paragraph (1);
``(II) distributors will pay the
costs of collecting and managing
beverage containers;
``(III) reasonable and free
consumer access to collection
facilities or collection services will
be provided;
``(IV) the distributor cooperative
will make consumers aware of--
``(aa) the activities
described in paragraph (1);
``(bb) the location of
collection facilities or the
availability of collection
services; and
``(cc) how to manage
beverage containers in a safe
manner;
``(V) the distributor cooperative
will have the ability to track the
return rate, the management of costs
incurred by the program, and the
management of environmental impacts of
the program; and
``(VI) the distributor cooperative
will have a dispute resolution
procedure for disputes that arise
during implementation of the activities
under paragraph (1); and
``(iii) such other information as the
Administrator may require.
``(3) Considerations.--In deciding whether to approve an
application under paragraph (2), the Administrator may consider
any of the following:
``(A) The population and geographical area of the
markets in which the distributor cooperative operates.
``(B) The quantity of beverage containers that
distributors expect will be used in a commercial
enterprise, sold, offered for sale, or distributed each
year.
``(C) The quantity of beverage containers that the
distributor cooperative expects to collect each year.
``(D) The size of the population intended to be
served by collection facilities or collection services
of the distributor cooperative.
``(E) The provision of convenient options for the
collection of beverage containers in urban centers and
small, isolated communities, and for persons with
disabilities or who have no access to transportation.
``(F) The manner, kind, and quantity of advertising
and consumer education planned by the distributor to
inform consumers of--
``(i) the location and operation of
collection facilities;
``(ii) the availability of collection
services; and
``(iii) the environmental and economic
benefits of participating in the activities
under paragraph (1).
``(G) The methods of beverage container collection,
storage, transportation, and management.
``(H) Distributor cooperatives in the same
geographical area.
``(I) The structure of financial and operational
cooperation with 2 or more distributors or importers.
``(4) Requirements.--A distributor cooperative under
paragraph (1) shall--
``(A) outline a plan to achieve, or to be capable
of achieving by a reasonable date, which shall be not
later than 2 years after the date of enactment of this
subtitle--
``(i) a 75 percent recovery rate or any
performance measures, performance requirements,
or targets established by the Administrator;
and
``(ii) any performance measures,
performance requirements, or targets in the
plan; and
``(B) submit the plan described in subparagraph (A)
and such additional documentation as the Administrator
determines to be necessary with each report provided to
the Administrator under paragraph (9).
``(5) Compliance.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subtitle, each distributor
and distributor cooperative shall achieve the
applicable target recovery rates established under
paragraph (4)(A)(i).
``(B) Noncompliance.--If a distributor or
distributor cooperative does not achieve an applicable
target recovery rate in accordance with subparagraph
(A), the distributor or distributor cooperative shall--
``(i) submit to the Administrator a plan to
achieve the applicable target recovery rate;
and
``(ii) forfeit to the Administrator the
amount of any unredeemed beverage container
deposits received by the distributor or
distributor cooperative.
``(C) Use of forfeited amounts.--The Administrator
shall use amounts forfeited under subparagraph (B)(ii)
for marketing and outreach relating to the program
under this subtitle.
``(6) Multiple organizations.--A distributor may
participate in more than 1 distributor cooperative only if each
distributor cooperative is established for a different category
of beverage containers or geographic area.
``(7) Participation fees.--
``(A) In general.--A distributor cooperative may
charge each distributor fees for membership that
include, with respect to a distributor, the costs of
collecting or cleaning up the beverage containers of
the distributor.
``(B) Considerations.--In determining the costs of
collection and cleanup described in subparagraph (A),
the distributor cooperative shall take into account--
``(i) the cost to properly manage the
applicable category of beverage container
waste; and
``(ii) the environmental benefits of
beverage containers that--
``(I) are specifically designed to
be reusable or refillable; and
``(II) have a high reuse or refill
rate.
``(8) Revocation.--The Administrator may revoke the
approval of a distributor cooperative for continued or
persistent noncompliance with the requirements of this
subtitle.
``(9) Reports.--Not later than July 1 of each calendar
year, a distributor cooperative shall provide to the
Administrator a report that lists, in aggregate form for all
distributors and importers that participate in the distributor
cooperative, the fee structure, and the beverage container
return data for the previous calendar year, calculated
separately for glass, metal, and plastic beverage containers.
``(d) Redemption Centers.--
``(1) In general.--The Administrator shall approve a
redemption center if the Administrator determines that the
redemption center will provide a convenient service to
consumers for the return of empty beverage containers.
``(2) Requirements.--A redemption center shall--
``(A) be staffed and open--
``(i) each day; and
``(ii) not less than 10 hours each day;
``(B) accept--
``(i) any beverage container; and
``(ii) not less than 350 beverage
containers per person per day;
``(C) provide--
``(i) hand counts by staff of the facility;
``(ii) a drop door for consumers who are
bottle drop account holders to drop off bags of
beverage containers for staff of the facility
to count for a fee; or
``(iii) any other convenient means of
receiving beverage containers, as determined by
the Administrator; and
``(D) be sited in a conveniently accessible
commercial zone, unless the Administrator determines
that another location provides substantially equivalent
service for consumers.
``(3) Factors.--In determining whether to approve a
redemption center under paragraph (1), the Administrator shall
consider--
``(A)(i) the location of the redemption center; and
``(ii) if the redemption center is not located in a
commercial zone, whether the location will have similar
return convenience for consumers as a commercial zone
location;
``(B) the category of beverage containers accepted
at the redemption center;
``(C) retailers occupying 5,000 or more square feet
within a redemption center zone that will be served by
the redemption center and the distance of the retailers
from the redemption center;
``(D) retailers occupying 5,000 or more square feet
within a redemption center zone that will not be served
by the redemption center and the distance of the
retailers from the redemption center;
``(E) days and hours of operation of the redemption
center;
``(F) parking facilities serving the redemption
center;
``(G) evidence showing that the redemption center
meets all applicable local ordinances and zoning
requirements;
``(H) the limitation, if any, on the number of
beverage containers per person per day that the
redemption center will accept;
``(I) 1 or more payment methods offered by the
redemption center for redeemed beverage containers;
``(J) the projected volume of beverage container
returns at the redemption center as compared to the
actual returns at the retailers to be served by the
redemption center;
``(K) a description of how consumers will be
notified of the location, services, and service hours
of the redemption center; and
``(L) any other relevant factor that the
Administrator determines to be fundamental to the
operation of a redemption center.
``(4) Applications.--
``(A) In general.--Any person desiring approval of
a redemption center shall submit an application to the
Administrator.
``(B) Contents.--An application under subparagraph
(A) shall include--
``(i) the name and address of each person
to be responsible for the establishment and
operation of the redemption center;
``(ii) the exact location and mailing
address of the redemption center;
``(iii) the category of beverage containers
that will be accepted at the redemption center;
``(iv) the names and addresses of the
retailers occupying 5,000 or more square feet
within a redemption center zone that will be
served by the redemption center;
``(v) the names and addresses of the
retailers occupying 5,000 or more square feet
within a redemption center zone that will not
be served by the redemption center;
``(vi) the distances from the redemption
center to the retailers occupying 5,000 or more
square feet within a redemption center zone
that will be served;
``(vii) the distances from the redemption
center to retailers occupying 5,000 or more
square feet within a redemption center zone
that will not be served;
``(viii) the days and hours of operation of
the redemption center;
``(ix) a description of parking facilities
to serve the redemption center;
``(x) evidence showing that a redemption
center meets the zoning requirements and other
applicable State and local ordinances of the
regulating jurisdiction;
``(xi) the limitation, if any, on the
number of beverage containers per person per
day that will be accepted at the redemption
center;
``(xii) the 1 or more payment methods for
redeemed beverage containers;
``(xiii) the projected volume of beverage
container returns at the redemption center as
compared to the actual returns at the retailers
to be served by the redemption center;
``(xiv) a description of how consumers will
be notified of the location, services, and
service hours of the redemption center; and
``(xv) such additional information as the
Administrator may require.
``(5) Annual registration.--
``(A) In general.--The 1 or more persons
responsible for the operation of a redemption center
approved by the Administrator under paragraph (1) shall
register the redemption center with the Administrator
and pay the fee determined by the Administrator not
later than July 1 of each calendar year, which
registration shall be in effect for the next calendar
year.
``(B) Contents.--A registration under subparagraph
(A)--
``(i) shall be on a form provided by the
Administrator; and
``(ii) shall contain, at a minimum--
``(I) a list and exact address of
each redemption center that the person
is responsible for operating during the
next calendar year;
``(II) the fee for each redemption
center that the person is responsible
for operating during the next calendar
year; and
``(III) such additional information
as may be required by the
Administrator.
``(C) Withdrawal of approval.--
``(i) In general.--The Administrator shall
withdraw approval of a redemption center if a
person responsible for operating the redemption
center fails to submit the required information
or pay the required fee by July 1 of each
calendar year in accordance with subparagraph
(A).
``(ii) Cessation of operations.--On
withdraw of approval of a redemption center
under clause (i), the redemption center shall
cease all operations until the person
responsible for operating the redemption center
submits the required information or required
fee to the Administrator.
``(6) Standards of cleanliness for redemption centers.--All
persons responsible for the establishment and operation of the
redemption center shall at all times use commercially
reasonable practices to keep the redemption center premises,
including the parking facilities serving the redemption center,
in accordance with applicable law, in good repair, painted,
clean, well-lighted, free of litter and trash, and free of
rodents, vermin, infestations of insects, and their harborages
or breeding places.
``(e) Retailers Within Convenience Zones.--
``(1) In general.--
``(A) In general.--For each redemption center, the
Administrator shall specify not less than 1 and not
more than 2 convenience zones.
``(B) Determination.--The area of each convenience
zone shall be an area surrounding the redemption center
that is based, to the maximum extent practicable, on
the proposal submitted as part of an application for
approval of a redemption center under subsection
(d)(1).
``(C) Guidelines.--The Administrator shall
establish guidelines for determining the surface area
sizes of convenience zones.
``(D) Location.--If the Administrator specifies a
second convenience zone for a redemption center under
subparagraph (A), any point along the interior border
of the second convenience zone shall be not closer to
the redemption center than the exterior border of the
first convenience zone.
``(2) Eligibility.--Any retailer doing business within a
convenience zone that occupies a space of not less than 5,000
square feet in a single area may participate in, be served by,
and be charged the cost of participation in the redemption
center in accordance with subsection (a)(5).
``(3) Participating retailers.--
``(A) First convenience zone.--A retailer described
in paragraph (2) within the first convenience zone that
participates in, is served by, and pays the cost of
participation in the redemption center may refuse to
accept and to pay the refund value of empty beverage
containers.
``(B) Second convenience zone.--A retailer
described in paragraph (2) within the second
convenience zone, if any, that participates in, is
served by, and pays the cost of participation in the
redemption center may refuse to accept and to pay the
refund value of more than 24 individual empty beverage
containers returned by any 1 person during any 1 day.
``(4) Small retailers.--Any retailer doing business within
a convenience zone that occupies a space of less than 5,000
square feet in a single area may refuse to accept and to pay
the refund value of more than 24 individual empty beverage
containers returned by any 1 person during any 1 day.
``(5) Nonparticipating retailers.--
``(A) In general.--Except as provided in
subparagraph (B), any retailer doing business within a
convenience zone that occupies a space of not less than
5,000 square feet in a single area and does not
participate in and is not served by a redemption
center--
``(i) may refuse to accept and to pay the
refund value of more than 350 individual empty
beverage containers returned by any 1 person
during any 1 day; and
``(ii) shall, beginning on the date on
which the redemption center begins accepting
beverage containers--
``(I) provide services equivalent
to the services provided by the
redemption center, including hand
counting and drop off service;
``(II) post in each area where
beverage containers are received a
clearly visible and legible sign that
contains the list of services that
shall be provided by the retailer under
this subparagraph; and
``(III) provide not less than the
greater of--
``(aa) 2 automated reverse
vending machines capable of
processing metal, plastic, and
glass beverage containers; and
``(bb) 1 automated reverse
vending machine described in
item (aa) for each 500,000
beverage containers sold by the
retailer in the previous
calendar year.
``(B) Exception.--
``(i) In general.--Subject to clause (ii),
subparagraph (A) shall not apply to a retailer
described in that subparagraph that sold fewer
than 100,000 beverage containers during the
previous calendar year.
``(ii) Submission.--To be eligible for an
exemption under clause (i), a retailer shall
submit to the Administrator an application
describing the number of beverage containers
sold by the retailer during the previous
calendar year.
``SEC. 13003. ACCEPTANCE AND RETRIEVAL REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c)--
``(1) a retailer or redemption center may not--
``(A) refuse to accept from any person any beverage
container described in subsection (b); or
``(B) refuse to pay in cash the refund value of a
returned beverage container; and
``(2) a distributor may not refuse to retrieve from a
retailer or redemption center any beverage container that--
``(A) has been returned to the retailer or
redemption center in accordance with this subtitle; and
``(B) is of the category of beverage container,
brand of beverage container, and size of beverage
container distributed by the distributor.
``(b) Beverage Container Requirements.--To be eligible for a refund
under this subtitle, a beverage container--
``(1) in the case of a refund provided by a retailer, shall
be the category of beverage sold by the retailer; and
``(2) shall not--
``(A) visibly contain or be contaminated by a
substance other than water, residue of the original
contents, or ordinary dust; or
``(B) be damaged to the extent that the brand
appearing on the container cannot be identified.
``(c) Refusal.--
``(1) In general.--A retailer or redemption center may
refuse to accept from a person a beverage container if--
``(A) the retailer or redemption center has
reasonable grounds to believe that--
``(i) the beverage container was obtained
from or through a distributor without paying
the refund value; or
``(ii) the beverage container has already
been redeemed, such as through a reverse
vending process; or
``(B) in the case of a retailer that is not within
a convenience zone--
``(i) the beverage container exceeds an
applicable limitation described in paragraph
(2); and
``(ii) the retailer posts a clearly visible
and legible sign describing the applicable
limitation described in paragraph (2).
``(2) Limitations.--A retailer described in paragraph
(1)(B) may refuse to accept under that paragraph--
``(A) more than 144 individual beverage containers
returned by any 1 person during any 1 day, if the
retailer occupies a space of 5,000 or more square feet
in a single area;
``(B) more than 50 individual beverage containers
returned by any 1 person during any 1 day, if the
retailer occupies a space of less than 5,000 square
feet in a single area; or
``(C) a beverage container if the retailer has not
offered that category of beverage container for sale
within the 180-day period preceding the attempted
return.
``(d) Notice.--Any requirements established under subsections (b)
and (c) shall be posted in each area where beverage containers are
received on a clearly visible and legible sign.
``(e) Refund Value.--The refund value for a beverage container
shall be not less than 10 cents for each beverage container.
``SEC. 13004. ADMINISTRATION.
``(a) In General.--The Administrator shall ensure that--
``(1) consumers are able to return redeemable beverage
containers to retailers or redemption centers; and
``(2) redemption centers and retailers are able to return
beverage containers to distributors and distributor
cooperatives.
``(b) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subtitle, the Administrator shall promulgate
regulations to carry out this subtitle.
``(2) Review required.--In promulgating or revising
regulations pursuant to paragraph (1), the Administrator
shall--
``(A) review the minimum refund value established
under section 13003(e) not less frequently than once
every 5 years; and
``(B) revise that value as the Administrator
determines to be appropriate.
``(c) Accounting.--
``(1) In general.--Not later than August 1 of each calendar
year, using the beverage container return data provided in
section 13002(a)(8), the Administrator shall--
``(A) calculate for the previous calendar year the
percentage of beverage containers returned for the
refund value specified by material type; and
``(B) post the percentages on the website of the
Environmental Protection Agency.
``(2) Requirements.--The Administrator shall calculate
return data under paragraph (1)--
``(A) for each distributor cooperative;
``(B) for each distributor or importer that does
not participate in a distributor cooperative; and
``(C) for all distributors and importers.
``(d) Nondisclosure.--
``(1) In general.--Except for the percentages described in
subsection (c), in a proceeding for a violation of subsection
(f), or as provided in paragraph (2), the Administrator may not
disclose any information provided by a distributor, an
importer, or a distributor cooperative under section
13002(a)(8).
``(2) Exception.--The Administrator may release aggregate
data of information described in paragraph (1) in such a manner
that does not reveal the sales of any individual distributor.
``(e) Audit.--
``(1) In general.--Not later than 180 days after the date
on which the Administrator receives a report required under
section 13002(a)(8), the Administrator may review or audit the
records of, as applicable, each reporting distributor
cooperative or each reporting distributor or importer that does
not participate in a distributor cooperative.
``(2) Independent audit.--If in the course of a review
described in paragraph (1) the Administrator determines that an
audit of a distributor cooperative, distributor, or importer is
necessary, the Administrator shall require the distributor
cooperative, distributor, or importer to retain an independent
financial audit firm to determine the accuracy of information
contained in the report required under section 13002(a)(8).
``(3) Costs.--The distributor cooperative, distributor, or
importer that is the subject of review under this subsection
shall pay the costs of an audit under paragraph (2).
``(4) Limitation.--An audit under paragraph (2) shall be
limited to the records described in section 13002(a)(8).
``(f) Enforcement.--
``(1) Prohibition.--It shall be unlawful for any person
that is a distributor, distributor cooperative, manufacturer,
importer, retailer, or redemption center--
``(A) to sell, use, import into the United States,
or distribute any beverage container in commerce except
in compliance with this subtitle; or
``(B) to fail to comply with this subtitle.
``(2) Civil penalty.--Any person that violates paragraph
(1) shall be subject to a fine in the amount of $500 for each
violation.
``(3) Separate violations.--Each day on which a person
violates paragraph (1) shall be considered a separate
violation.''.
(b) Clerical Amendment.--The table of contents for the Solid Waste
Disposal Act (Public Law 89-272; 79 Stat. 997) is amended by inserting
after the item relating to section 11011 the following:
``Subtitle K--Product Standards and Producer Responsibility
``Sec. 12001. Definitions.
``Sec. 12002. Recycled content standards.
``Sec. 12003. Designing for the environment.
``Sec. 12004. Product labeling.
``Sec. 12005. Recycling and composting receptacle labeling.
``Sec. 12006. Recycling and composting collection.
``Sec. 12007. Protection of local governments.
``Sec. 12008. Annual assessment of plastic waste.
``Subtitle L--Beverage Container Collection
``Sec. 13001. Definitions.
``Sec. 13002. Beverage container recovery programs.
``Sec. 13003. Acceptance and retrieval requirements.
``Sec. 13004. Administration.''.
SEC. 912. FEDERAL PROCUREMENT.
Section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962) is
amended--
(1) in subsection (e), in the matter preceding paragraph
(1), by striking ``and from time to time, revise'' and
inserting ``review not less frequently than once every 5 years,
and, if appropriate, revise, in consultation with recyclers and
manufacturers of products containing recovered material, not
later than 2 years after the completion of the initial review
after the date of enactment of the CLEAN Future Act and
thereafter, as appropriate''; and
(2) by adding at the end the following:
``(j) Consultation and Provision of Information by Administrator.--
The Administrator shall--
``(1) consult with each procuring agency, including
contractors of the procuring agency, to clarify the
responsibilities of the procuring agency under this section;
and
``(2) provide to each procuring agency information on the
requirements under this section and the responsibilities of the
procuring agency under this section.
``(k) Reports.--The Administrator, in consultation with the
Administrator of General Services, shall submit to Congress an annual
report describing--
``(1) the quantity of federally procured products
containing recovered material listed in the guidelines under
subsection (e); and
``(2) with respect to the products described in paragraph
(1), the percentage of recovered material in each product.''.
SEC. 913. TASK FORCE ON EXTENDED PRODUCER RESPONSIBILITY.
(a) Establishment.--Not later than 60 days after the date of
enactment of this subtitle, the Administrator of the Environmental
Protection Agency shall establish a task force to develop
recommendations on the design of a national extended producer
responsibility system for covered products and beverage containers in
the marketplace.
(b) Membership.--The task force shall be comprised of
representatives from--
(1) States, cities, and counties, including--
(A) small, medium, and large areas; and
(B) urban and rural areas;
(2) Indian Tribes;
(3) product and packaging manufacturers, distributors, and
retailers;
(4) public and private sector recycling, composting, and
solid waste management industries;
(5) collection and cleanup service providers;
(6) retail or service establishments, such as retail
stores, grocery stores, restaurants, hotels, and motels;
(7) environmental, scientific, and advocacy organizations;
(8) public place, freshwater, and marine litter prevention
and cleanup programs;
(9) disability advocacy organizations;
(10) any other Federal agency or office within the
Executive Branch that the Administrator determines to be
appropriate; and
(11) any other relevant stakeholder group that the
Administrator determines to be appropriate.
(c) Functions.--The task force shall--
(1) identify, evaluate, and propose design criteria for a
national extended producer responsibility system that covers
the lifecycle management of covered products and beverage
containers, in addition to any other product categories that
the Administrator determines appropriate;
(2) develop detailed recommendations on the structure of a
national extended producer responsibility system, including--
(A) the scope of regulation;
(B) identification of regulated entities;
(C) how regulated entities may coordinate,
including through Organizations, to fulfill their
obligations under a national extended producer
responsibility system;
(D) the financial and logistical obligations of
regulated entities;
(E) the relationship between regulated entities and
units of Federal, State, and local government; and
(F) any other design criteria that the
Administrator determines to be appropriate; and
(3) in developing recommendations under paragraph (2),
incorporate any findings reported to the task force pursuant to
subsection (d)(3).
(d) Research Grants.--
(1) Program establishment.--Not later than 60 days after
the establishment of the task force under subsection (a), the
Administrator shall establish a program to award grants to
eligible entities to study and provide recommendations on the
design of a national extended producer responsibility system
for covered products and beverage containers, in accordance
with subsection (c)(2).
(2) Eligible entities.--For purposes of this subsection,
eligible entities are--
(A) academic institutions;
(B) nonprofit and research organizations; and
(C) any other organization that the Administrator
determines to be appropriate.
(3) Requirement.--Each eligible entity that receives a
grant under this subsection shall, not later than 180 days
after receiving such grant, report its findings to the task
force established under subsection (a).
(e) Report.--Not later than 1 year after the establishment of the
task force under subsection (a), the task force shall provide
recommendations on the design of a national extended producer
responsibility system developed under subsection (a)(2) to--
(1) the Administrator;
(2) the Committee on Energy and Commerce of the House of
Representatives; and
(3) the Committee on Environment and Public Works of the
Senate.
(f) Definitions.--
(1) In general.--In this section, the terms used have the
meanings given those terms in section 12001 of the Solid Waste
Disposal Act (as added by this subtitle).
(2) Extended producer responsibility.--The term ``extended
producer responsibility'' means a system, strategy, or
regulatory framework in which the producers of certain products
or materials assume responsibility, including both financial
and physical responsibility, for the collection, treatment, and
disposal of such products or materials at the end of their
useful lifetime.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2022,
to remain available until expended.
SEC. 914. NATIONAL ACADEMY OF SCIENCES REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall seek to enter into an
agreement with the National Academy of Sciences under which the
National Academy of Sciences shall agree to conduct a study on single-
use products (as defined in section 921) and bans on such products, in
accordance with the requirements of subsections (b) and (c).
(b) Requirements.--The study required under subsection (a) shall
assess--
(1) best practices for mitigating the negative
environmental effects associated with the disposal of single-
use products;
(2) potential measures to improve the recovery and safe
disposal of single-use products;
(3) the environmental, economic, and any other applicable
effects of existing single-use product bans in the United
States and in other countries;
(4) the efficacy of existing single-use product bans in the
United States and in other countries on achieving their
intended outcomes, including reducing waste;
(5) the effects of producing and distributing reusable
products, which may be used as replacements for single-use
products, on energy demand, air quality, and any other relevant
environmental matters;
(6) recommendations for designing and implementing policies
that limit or ban single-use products; and
(7) any other relevant matters determined to be appropriate
by the Administrator.
(c) Recommendations.--Not later than 2 years after the date on
which the Administrator enters into an agreement with the National
Academy of Sciences under subsection (a), the National Academy of
Sciences shall submit to Congress and the Administrator a report on the
results of such study.
Subtitle C--Zero-Waste Grants
SEC. 921. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Adaptive management practice.--The term ``adaptive
management practice'' means, with respect to use of a grant
under this subtitle, the integration of project design,
management, and monitoring to identify the impacts and outcomes
of such use of a grant as they arise for purposes of adjusting
behaviors to improve outcomes.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Domestically owned and operated.--The term
``domestically owned and operated'' means, with respect to a
business--
(A) the headquarters of such a business is located
within the United States; and
(B) the primary operations of such a business are
carried out in the United States.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a single unit of State, local, or Tribal
government;
(B) a partnership of multiple units of State,
local, or Tribal government;
(C) one or more units of State, local, or Tribal
government in coordination with for-profit or nonprofit
organizations; or
(D) one or more nonprofit organizations.
(5) Embodied energy.--The term ``embodied energy'' means
energy that was used to create a product or material.
(6) Environmental justice community.--The term
``environmental justice community'' has the meaning given that
term in section 601.
(7) Living wage.--The term ``living wage'' means the
minimum income necessary to allow a person working 40 hours per
week to afford the cost of housing, food, and other material
necessities.
(8) Organics recycling.--The term ``organics recycling''
means the biological process by which organic material--
(A) is biologically converted to compost that is
not harmful to humans, plants, or animals; and
(B) is treated in a specialized facility designed
to recycle organic material.
(9) Recycle; recycling.--The terms ``recycle'' and
``recycling'' have the meanings given those terms in section
12001 of the Solid Waste Disposal Act (as added by this title).
(10) Reuse.--The term ``reuse''--
(A) means--
(i) using a product, packaging, or material
more than once for the same or a new function
without requiring additional processing;
(ii) repairing a product, packaging, or
material in such a way that extends its useful
lifetime;
(iii) sharing or renting a product,
packaging, or material in such a way that
extends its useful lifetime; or
(iv) selling or donating a product,
packaging, or material in such a way that
extends its useful lifetime; and
(B) does not include incineration.
(11) Single-use product.--The term ``single-use product''--
(A) means a consumer product that is designed to be
disposed of, recycled, or otherwise discarded after a
single use; and
(B) does not include--
(i) medical equipment, devices, or other
products determined by the Secretary of Health
and Human Services to necessarily be made of
plastic for the protection of public health;
(ii) a personal hygiene product that, due
to the intended use of the product, could
become unsafe or unsanitary to recycle, such as
a diaper; and
(iii) packaging that is--
(I) for any product described in
subparagraph (A); or
(II) used for the shipment of
hazardous materials that is prohibited
from being composed of used materials
under section 178.509 or 178.522 of
title 49, Code of Federal Regulations
(as in effect on the date of enactment
of this subtitle).
(12) Source reduction.--
(A) In general.--The term ``source reduction''
means an activity or process that reduces the
generation of waste at its source, before it can enter
into commerce or the environment.
(B) Inclusions.--The term ``source reduction''
includes--
(i) the redesign of products or materials
such that they can be reused, rather than
disposed of;
(ii) the design and manufacture of products
or materials with minimal packaging intended
for disposal;
(iii) an activity or process that reduces
the amount of waste generated during a
manufacturing process;
(iv) an activity or process that reduces or
eliminates the use of materials that are not
able to be recycled without degrading the
quality of the material; and
(v) any other activity or process that
reduces the weight, volume, or toxicity of
products or materials.
(C) Exclusion.--The term ``source reduction'' does
not include an activity or process used after a product
or material has become waste, such as incineration.
(13) Source separation.--The term ``source separation''--
(A) means the separation of solid waste by material
or commodity type prior to collection, such as
separation into recyclable and non-recyclable materials
or by recyclable commodity; and
(B) does not require the use of technologies that
sort mixed municipal solid waste into recyclable and
non-recyclable materials.
(14) Waste prevention.--The term ``waste prevention'' means
any method to reduce the amount of materials disposed of in
landfills or incinerated, including reuse and recycling.
(15) Zero-emissions vehicle.--The term ``zero-emissions
vehicle'' means a vehicle that produces zero emissions of--
(A) greenhouse gases;
(B) criteria pollutants; and
(C) hazardous air pollutants.
(16) Zero-waste.--The term ``zero-waste'' means the
conservation of all resources by means of responsible
production, consumption, reuse, and recovery of products,
packaging, and materials without--
(A) burning or otherwise destroying embodied
energy; and
(B) a discharge to land, water, or air that results
in adverse human health or environmental effects.
(17) Zero-waste practice.--The term ``zero-waste practice''
means a practice used to help achieve zero-waste, including the
use of source reduction.
SEC. 922. GRANTS FOR ZERO-WASTE PROJECTS.
(a) In General.--The Administrator shall establish and carry out a
program to award grants, on a competitive basis, to eligible entities
to carry out projects described in subsection (b).
(b) Grant Use.--
(1) Organics recycling infrastructure.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project to construct, expand, or modernize
infrastructure required for organics recycling,
including any facility, machinery, or equipment
required for the collection and processing of organic
material on a city-wide or county-wide scale.
(B) Requirements.--Each project carried out under
this paragraph shall result in increased capacity--
(i) to collect and process residential and
commercial organic material, including through
source separation of organic material; and
(ii) to generate environmentally beneficial
byproducts, such as compost with added
nutritional content.
(C) Mixed-waste composting.--A grant received under
this paragraph may not be used to support the
collection or processing of mixed-waste composting.
(2) Electronic waste recycling.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project that enables the recycling or reuse of
electronic devices at the end of their useful lifetime,
including--
(i) constructing, expanding, or modernizing
infrastructure and technology;
(ii) research and development; and
(iii) product refurbishment.
(B) Requirements.--A project carried out under this
paragraph--
(i) may not include an electronic waste
buy-back program--
(I) that provides compensation for
used electronics; and
(II) under which such compensation
may be applied as a credit toward the
purchase of new electronics; and
(ii) shall be carried out by an eligible
entity that is certified to recycle electronics
by an organization that is accredited by--
(I) the National Accreditation
Board of the American National
Standards Institute;
(II) the American Society of
Quality; or
(III) another accrediting body
determined appropriate by the
Administrator.
(3) Source reduction.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project relating to source reduction, which such
project may include, in accordance with subparagraph
(B), carrying out product or manufacturing redesign or
redevelopment to reduce byproducts, packaging, and
other outputs.
(B) Redesign and redevelopment.--An eligible entity
may only carry out a project described in subparagraph
(A)(ii) if--
(i) the applicable manufacturer--
(I) is domestically owned and
operated; and
(II) pays a living wage; and
(ii) the redesign or redevelopment does not
result in--
(I) higher toxicity of the product
or byproducts;
(II) more complicated recyclability
of the product or byproducts; or
(III) increased volume of
byproducts compared with the original
practice.
(4) Market development.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project that--
(i) creates market demand for source
reduction, sorted recyclable commodities, goods
made of sorted recyclable commodities, or
refurbished goods; and
(ii) as applicable, encourages or enables
investment in domestically owned and operated
manufacturing capacity with respect to the list
in clause (i).
(B) Requirements.--Each project carried out under
this section--
(i) shall target easily or commonly
recycled materials which are disproportionately
disposed of in landfills or incinerated;
(ii) shall reduce the volume, weight, or
toxicity of waste and waste byproducts; and
(iii) may not conflict with--
(I) minimum-content laws, such as
post-consumer recycled content
requirements;
(II) beverage container deposits;
(III) programs funded through
retail fees for specific products or
classes of products that use such fees
to collect, treat, or recycle such
products; or
(IV) any applicable recycled
product procurement laws and expanded
sustainable government purchasing
requirements, as identified by the
Administrator.
(5) Zero-emissions collection vehicles.--An eligible entity
receiving a grant under this section may use such grant to
carry out a project to purchase, operate, and maintain zero-
emissions vehicles used to collect material for recycling or
organics recycling.
SEC. 923. GRANTS FOR LANDFILL DIVERSION.
(a) In General.--The Administrator shall establish and carry out a
program to award grants, on a competitive basis, to eligible entities
to develop and implement new requirements, as described in subsection
(b), that reduce the amount of waste disposed of in landfills.
(b) Grant Use.--
(1) Tipping fees.--An eligible entity receiving a grant
under this section may use such grant to develop and implement
zero-waste practices that are accompanied by permanent
increases in tipping, gate, or disposal fees imposed on the
disposal of waste at landfills.
(2) Curbside composting collection.--An eligible entity
receiving a grant under this section may use such grant to
support the implementation of State programs that mandate the
availability of curbside collection of material for organics
recycling for all single-family and multifamily residential
households.
(3) Landfill diversion.--An eligible entity receiving a
grant under this section may use such grant to support the
implementation of statewide requirements that prohibit organic
waste from being sent to landfills.
(c) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a single unit of State government or a
relevant State agency.
SEC. 924. GRANT APPLICATIONS.
(a) Application.--
(1) Criteria for all applicants.--To be eligible to receive
a grant under this subtitle, an eligible entity shall submit to
the Administrator an application at such time and in such form
as the Administrator requires, which shall include
demonstrating that the eligible entity--
(A) has set specific source reduction or waste
prevention targets; and
(B) will carry out a project that meets the
applicable project requirements under section 922(b) or
923(b).
(2) Additional application criteria for nonprofit
organization.--In the case of an application from an eligible
entity that is a nonprofit organization, the application shall
include--
(A) a letter of support for the proposed project
from--
(i) a local unit of government; or
(ii) another nonprofit organization that--
(I) has a demonstrated history of
undertaking work in the geographic
region where the proposed project is to
take place; and
(II) is not involved in the project
being proposed; and
(B) any other information the Administrator may
require.
(b) Priority Factors.--In awarding grants under this subtitle, the
Administrator shall give priority to any eligible entity that--
(1) with respect to an eligible entity that is a State or
unit of local government, has statutorily committed to
implementing one or more zero-waste practices;
(2) demonstrates how use of such grant could lead to the
creation of new jobs that pay a living wage and are, to the
greatest extent practicable, offered to individuals who
experience barriers to employment, as determined by the
Administrator;
(3) will use such grant to carry out source reduction or
waste prevention in schools;
(4) will use such grant to employ an adaptive management
practice to identify, prevent, or address any negative
environmental consequences of a project proposed to be carried
out with a grant under this subtitle;
(5) has a demonstrated need for additional investment in
infrastructure or other resources to achieve source reduction
and waste prevention targets set by the local unit of
government that is responsible for waste management and
recycling in the geographic area;
(6) will use such grant to develop an innovative or new
technology or strategy for source reduction and waste
prevention;
(7) demonstrates how receiving the grant will encourage
further investment in source reduction and waste prevention
activities; or
(8) will incorporate multi-stakeholder involvement,
including nonprofit, commercial, and public sector partners, in
carrying out a project using such grant.
(c) Requirement.--Of the amount made available pursuant to section
927(a), not less than 75 percent shall be allocated to projects that
serve, or are located in, environmental justice communities.
SEC. 925. REPORTING.
Each eligible entity that receives a grant under this subtitle
shall submit to the Administrator a report, at such time and in such
form as the Administrator may require, on the results of the project
carried out with such grant, and such report shall include any relevant
data requested by the Administrator for purposes of tracking the
effectiveness of the programs established under section 922(a) and
923(b).
SEC. 926. ANNUAL CONFERENCE.
In each of calendar years 2022 through 2030, the Administrator
shall convene an annual conference to provide an opportunity for
eligible entities and other relevant stakeholders to share their
experience and expertise in implementing zero-waste practices.
SEC. 927. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants for Zero-Waste Projects.--There is authorized to be
appropriated to carry out section 922 $150,000,000 for each of fiscal
years 2022 through 2031, to remain available until expended.
(b) Grants for Landfill Diversion.--There is authorized to be
appropriated to carry out section 923 $250,000,000 for the period of
fiscal years 2022 through 2031, to remain available until expended.
Subtitle D--Education and Outreach
SEC. 931. DEFINITION OF ADMINISTRATOR.
In this subtitle, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
SEC. 932. CONSUMER RECYCLING EDUCATION AND OUTREACH GRANT PROGRAM.
(a) In General.--The Administrator shall establish a program
(referred to in this section as the ``grant program'') to award
competitive grants to eligible entities to improve the effectiveness of
residential and community recycling programs through public education
and outreach.
(b) Criteria.--The Administrator shall award grants under the grant
program for projects that, by using one or more eligible activities
described in subsection (e)--
(1) inform the public about residential or community
recycling programs;
(2) provide information about the recycled materials that
are accepted as part of a residential or community recycling
program that provides for the separate collection of
residential solid waste from recycled material; and
(3) increase collection rates and decrease contamination in
residential and community recycling programs.
(c) Eligible Entities.--
(1) In general.--An entity that is eligible to receive a
grant under the grant program is--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a nonprofit organization; or
(E) a public-private partnership.
(2) Coordination of activities.--Two or more entities
described in paragraph (1) may receive a grant under the grant
program to coordinate the provision of information to residents
that may access two or more residential recycling programs,
including programs that accept different recycled materials, to
provide to the residents information regarding differences
among those residential recycling programs.
(d) Requirement.--
(1) In general.--To receive a grant under the grant
program, an eligible entity shall demonstrate to the
Administrator that the grant funds will be used to encourage
the collection of recycled materials that are sold to an
existing or developing market.
(2) Business plans and financial data.--
(A) In general.--An eligible entity may make a
demonstration under paragraph (1) through the
submission to the Administrator of appropriate business
plans and financial data.
(B) Confidentiality.--The Administrator shall treat
any business plans or financial data received under
subparagraph (A) as confidential information.
(e) Eligible Activities.--An eligible entity that receives a grant
under the grant program may use the grant funds for activities
including--
(1) public service announcements;
(2) a door-to-door education and outreach campaign;
(3) social media and digital outreach;
(4) an advertising campaign on recycling awareness;
(5) the development and dissemination of--
(A) a toolkit for a municipal and commercial
recycling program;
(B) information on the importance of quality in the
recycling stream;
(C) information on the economic and environmental
benefits of recycling; and
(D) information on what happens to materials after
the materials are placed into a residential or
community recycling program;
(6) businesses recycling outreach;
(7) bin, cart, and other receptacle labeling and signs; and
(8) such other activities that the Administrator determines
are appropriate to carry out the purposes of this section.
(f) Prohibition on Use of Funds.--No funds may be awarded under the
grant program for a residential recycling program that--
(1) does not provide for the separate collection of
residential solid waste (as defined in section 246.101 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this Act)) from recycled material (as defined in
that section), unless the funds are used to promote a
transition to a system that separately collects recycled
materials; or
(2) promotes the establishment of, or conversion to, a
residential collection system that does not provide for the
separate collection of residential solid waste from recycled
material (as those terms are defined under paragraph (1)).
(g) Model Recycling Program Toolkit.--
(1) In general.--In carrying out the grant program, the
Administrator, in consultation with other relevant Federal
agencies, States, Indian Tribes, units of local government,
nonprofit organizations, and the private sector, shall develop
a model recycling program toolkit for States, Indian Tribes,
and units of local government that includes, at a minimum--
(A) a standardized set of terms and examples that
may be used to describe materials that are accepted by
a residential recycling program;
(B) information that the Administrator determines
can be widely applied across residential recycling
programs, taking into consideration the differences in
recycled materials accepted by residential recycling
programs;
(C) educational principles on best practices for
the collection and processing of recycled materials;
(D) a community self-assessment guide to identify
gaps in existing recycling programs;
(E) training modules that enable States and
nonprofit organizations to provide technical assistance
to units of local government;
(F) access to consumer educational materials that
States, Indian Tribes, and units of local government
can adapt and use in recycling programs; and
(G) a guide to measure the effectiveness of a grant
received under the grant program, including
standardized measurements for recycling rates and
decreases in contamination.
(2) Requirement.--In developing the standardized set of
terms and examples under paragraph (1)(A), the Administrator
may not establish any requirements for--
(A) what materials shall be accepted by a
residential recycling program; or
(B) the labeling of products.
(h) School Curriculum.--The Administrator shall provide assistance
to the educational community, including nonprofit organizations, such
as an organization the science, technology, engineering, and
mathematics program of which incorporates recycling, to promote the
introduction of recycling principles and best practices into public
school curricula.
(i) Reports.--
(1) To the administrator.--Not earlier than 180 days, and
not later than 2 years, after the date on which a grant under
the grant program is awarded to an eligible entity, the
eligible entity shall submit to the Administrator a report
describing, by using the guide developed under subsection
(g)(1)(G)--
(A) the change in volume of recycled material
collected through the activities funded with the grant;
(B) the change in participation rate of the
recycling program funded with the grant;
(C) the reduction of contamination in the recycling
stream as a result of the activities funded with the
grant; and
(D) such other information as the Administrator
determines to be appropriate.
(2) To congress.--The Administrator shall submit to
Congress an annual report describing--
(A) the effectiveness of residential recycling
programs awarded funds under the grant program,
including statistics comparing the quantity and quality
of recycled materials collected by those programs, as
described in the reports submitted to the Administrator
under paragraph (1); and
(B) recommendations on additional actions to
improve residential recycling.
SEC. 933. ELECTRONIC WASTE EDUCATION AND AWARENESS.
(a) In General.--The Administrator, in consultation with the
Secretary of Energy, shall establish a program to improve consumer
education and awareness related to the safe disposal and recycling of
batteries and other forms of electronic waste.
(b) Content.--The program established under subsection (a) shall
seek to educate consumers on--
(1) the energy and environmental impacts associated with
the disposal of batteries and other forms of electronic waste;
(2) the benefits of safe disposal of batteries and other
forms of electronic waste; and
(3) how to safely dispose of various types of batteries and
other forms of electronic waste at the end of their useful
lifetime.
(c) Database.--The Administrator shall establish a public database,
available on the Environmental Protection Agency's website, that allows
consumers to locate nearby disposal facilities for batteries and other
forms of electronic waste at the end of their useful lifetime.
SEC. 934. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Administrator to carry out this subtitle $15,000,000 for each of fiscal
years 2022 through 2031.
(b) Requirement.--Of the amount made available under subsection (a)
for a fiscal year, not less than 10 percent shall be allocated to low-
income communities (as defined in section 601).
Subtitle E--Critical Minerals
SEC. 941. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Battery.--The term ``battery'' means a battery that
is--
(A) rechargeable; and
(B) comprised of electrochemical cells, including
lithium-ion cells and other chemistries.
(3) Battery collection point.--The term ``battery
collection point'' means a retail or other service provider
equipped to collect used batteries for safe disposal.
(4) Electronic waste.--The term ``electronic waste'' means
consumer or commercial electronic equipment that is disposed of
at the end of its useful lifetime.
(5) Extended producer responsibility.--The term ``extended
producer responsibility'' means a system, strategy, or
regulatory framework in which the producers of certain products
or materials assume responsibility, including both financial
and physical responsibility, for the collection, treatment, and
disposal of such products or materials at the end of their
useful lifetime.
(6) Municipal solid waste landfill.--The term ``municipal
solid waste landfill'' means a discrete area of land or
excavation that receives household and other nonhazardous
waste.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, and any other territory or
possession of the United States.
SEC. 942. GRANTS FOR BATTERY COLLECTION, RECYCLING, AND REPROCESSING.
(a) State and Local Programs.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall award grants, on a competitive
basis, to States and units of local government to assist in the
establishment or enhancement of programs that address the
collection (commonly referred to as ``take-back''), recycling,
reprocessing, and proper disposal of batteries at the end of
their useful lifetime.
(2) Non-federal cost share.--The Secretary may not provide
to a State or unit of local government a grant under this
subsection in an amount that is greater than 50 percent of the
cost of a project described in paragraph (1).
(3) Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that describes the number of
programs established or enhanced, an estimate of jobs created,
and the quantity of material collected as a result of the
grants awarded under paragraph (1).
(b) Retailers as Collection Points.--
(1) In general.--The Secretary shall award grants, on a
competitive basis, to retailers that sell batteries to
establish, implement, or improve systems for the collection,
recycling, and proper disposal of batteries at the end of their
useful lifetimes, in order to serve as battery collection
points.
(2) Free collection.--The system described in paragraph (1)
shall include collection of used batteries at no cost to
members of the public who use the system.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that describes the number of
battery collection points established, implemented, or improved
and the quantity of material collected as a result of the
grants awarded under paragraph (1).
SEC. 943. BEST PRACTICES FOR COLLECTION OF BATTERIES.
(a) In General.--The Administrator shall develop best practices for
the collection of batteries that may be cost-effectively implemented by
States and units of local government.
(b) Coordination.--The Administrator shall develop best practices
under subsection (a) in coordination with State and local leaders and
relevant stakeholders, including--
(1) battery manufacturers, suppliers, and distributors;
(2) retailers that serve as battery collection points;
(3) solid waste management industries; and
(4) any other relevant stakeholders that the Administrator
determines to be appropriate.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress, and make publicly
available on the website of the Environmental Protection Agency, a
report describing the best practices developed under this section.
SEC. 944. VOLUNTARY LABELING PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, shall establish a program to improve the labeling of
batteries through voluntary measures.
(b) Measures.--The program established in subsection (a) shall seek
to improve battery labeling to--
(1) enable consumers to properly and more easily recycle or
dispose batteries at the end of their useful lifetime;
(2) educate consumers on safety considerations associated
with the recycling and proper disposal of batteries; and
(3) provide consumers with information needed to more
easily locate where to recycle or dispose batteries at the end
of their useful lifetime.
(c) Coordination.--The Secretary shall operate the program
established in subsection (a) in coordination with relevant
stakeholders, including--
(1) battery manufacturers, suppliers, and distributors;
(2) retailers that serve as battery collection points;
(3) solid waste management industries; and
(4) any other relevant stakeholder that the Secretary or
Administrator determines to be appropriate.
SEC. 945. TASK FORCE ON BATTERY PRODUCER RESPONSIBILITY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary, in consultation with the Administrator,
shall establish a task force to develop recommendations on the design
of an extended producer responsibility system for batteries.
(b) Functions.--The task force shall established in subsection (a)
shall--
(1) identify, evaluate, and propose design criteria for an
extended producer responsibility system that covers the
lifecycle management of batteries;
(2) consider product design, collection models, and the
transportation of collected materials;
(3) develop detailed recommendations on the structure of an
extended producer responsibility program for batteries,
including--
(A) the scope of regulation;
(B) identification of regulated entities;
(C) strategies for implementation and enforcement;
(D) the relationship between regulated entities and
units of State and local government; and
(E) any other relevant matter that the Secretary
determines to be appropriate.
(c) Membership.--The task force established in subsection (a) shall
be comprised of representatives from--
(1) States and units of local government;
(2) battery producers, retailers, recyclers, and refiners;
(3) public and private sector recycling, composting, and
solid waste management industries;
(4) any other Federal agency or office within the Executive
Branch that the Secretary or Administrator determines to be
appropriate; and
(5) any other relevant stakeholder group that the Secretary
or Administrator determines to be appropriate.
(d) Report.--Not later than 1 year after the establishment of the
task force in subsection (a), the task force shall submit to Congress
and make publicly available on the websites of the Department of Energy
and the Environmental Protection Agency a report on the design of an
extended producer responsibility system for batteries based on its
findings.
SEC. 946. TASK FORCE ON WIND AND SOLAR RECYCLING.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary, in consultation with the Administrator,
shall convene a task force to improve the recovery, recycling, and
reuse of key components of wind and solar energy technologies.
(b) Study.--The task force shall established in subsection (a)
shall--
(1) identify, assess, and propose design criteria for
strategies that--
(A) reduce the amount of waste created when wind
and solar energy technologies reach the end of their
useful lifetimes;
(B) prevent such waste from being disposed of in
landfills; and
(C) reduce demand for extraction of raw materials
used in wind and solar technologies;
(2) consider both voluntary and mandatory measures as
potential strategies;
(3) assess the environmental implications, cost-
effectiveness, and any other metrics relevant to such
strategies, as determined to be appropriate by the Secretary,
Administrator, or members of the task force; and
(4) propose detailed recommendations on policies needed to
support such strategies.
(c) Membership.--The task force convened under subsection (a) shall
include--
(1) wind and solar energy technology manufacturers,
suppliers, and developers;
(2) representatives from the recycling and solid waste
management industries;
(3) experts in solid waste management, including from
academia, nonprofit organizations, and industry associations;
(4) States and local governments; and
(5) other relevant stakeholders, as determined appropriate
by the Secretary and the Administrator.
(d) Report.--Not later than 1 year after the date on which the
Secretary convenes the task force under subsection (a), the Secretary
shall submit to Congress, and make publicly available on the website of
the Department of Energy, a report that describes the findings of the
study conducted under subsection (b).
SEC. 947. STUDIES ON DISPOSAL AND RECYCLING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall conduct a separate study on each of
the following:
(1) Reducing disposal of electronic waste in landfills.--
Strategies for reducing and preventing the disposal of
electronic waste in municipal solid waste landfills, including
through both voluntary and mandatory measures.
(2) Deposit program for critical minerals.--The feasibility
of establishing, and the proposed design of, a Federal program
modeled on beverage container deposit programs in the United
States that creates a financial incentive for critical mineral
suppliers to recover and recycle critical minerals (as listed
in 83 Fed. Reg. 23295) for use in new products.
(3) Recycler certification.--The feasibility of
establishing, and the proposed design of, a Federal program
to--
(A) create Federal standards, or use standards
developed by a non-Federal entity, for the
certification of critical mineral recycling companies
for purposes of ensuring safety, environmental
stewardship, and other relevant aspects of operations;
and
(B) certify critical mineral recycling companies
based on such standards.
(b) Content.--Each study described in subsection (a) shall identify
and evaluate, with respect to the subject matter of each study--
(1) as applicable, any relevant program carried out by a
State or an industry in the United States;
(2) as applicable, best practices for program design based
on any relevant program carried out by a State or an industry
in the United States;
(3) key program design considerations for establishing
Federal programs;
(4) the potential environmental effects of the measures
described in paragraphs (1) through (3) of subsection (a);
(5) the cost-effectiveness of such measures; and
(6) any other considerations the Secretary determines to be
appropriate.
(c) Reports.--Following the completion of each study required under
this section, the Secretary shall submit to Congress a separate report
for each study that--
(1) describe the results of each study; and
(2) provides recommendations on policy design for each
matter considered under the applicable study.
SEC. 948. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$35,000,000 for each of fiscal years 2022 through 2031.
TITLE X--WORKER AND COMMUNITY TRANSITION
SEC. 1001. DEFINITIONS.
In this title:
(1) Adversely affected community.--The term ``adversely
affected community'' means a unit of local government or an
Indian Tribe (or a political subdivision thereof) that has
been, or is at risk to be, significantly disrupted by the
Nation's transition to net-zero greenhouse gas emissions
through the loss of a significant portion of locally generated
tax revenue or employment due to the closure, or risk of
closure, of an impacted employer within its jurisdiction.
(2) Adversely affected worker.--The term ``adversely
affected worker'' means an individual who has been, or is at
risk to be, totally separated or partially separated from
employment by an impacted employer.
(3) Director.--The term ``Director'' means the Director of
the Office of Energy and Economic Transition.
(4) Impacted employer.--The term ``impacted employer''
means a private entity that is primarily engaged in business
related to--
(A) the extraction of fossil fuels;
(B) the refinement of fossil fuels;
(C) the generation of electricity from fossil
fuels;
(D) the production of energy-intensive industrial
products;
(E) the manufacture of light-, medium-, and heavy-
duty vehicles that utilize an internal combustion
engine and other component parts for such vehicles;
(F) the construction, operation, and maintenance of
infrastructure to deliver fossil fuels for domestic
use; or
(G) other industries significantly disrupted by the
Nation's transition to net-zero greenhouse gas
emissions, as determined by the Director, in
consultation with the Administrator of the
Environmental Protection Agency and the Secretary.
(5) Partial separation.--The terms ``partial separation''
and ``partially separated'' mean, with respect to an individual
who has not been totally separated from employment, that--
(A) the number of hours of work for such individual
has been reduced by an impacted employer to 80 percent
or less of the average number of hours per week such
individual worked per week prior to any separation from
employment; and
(B) the wages for such individual have been reduced
by an impacted employer to 80 percent or less of the
average wages per week while employed by the impacted
employer prior to any separation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Total separation.--The terms ``total separation'' and
``totally separated'' mean the layoff or severance of an
individual from employment by an impacted employer.
SEC. 1002. ENERGY AND ECONOMIC TRANSITION IMPACT STUDIES.
(a) In General.--The Secretary shall seek to enter into an
agreement with the National Academy of Sciences under which the Academy
agrees to conduct studies on matters concerning the potential impacts
of achieving net-zero greenhouse gas emissions on workers and
communities dependent on employment related to fossil fuels as follows:
(1) Not later than 1 year after the date of entry into such
agreement, the Academy shall complete a study focused on
communities that have experienced an energy-related transition
within the previous 10 years, including communities that were
dependent on coal, and submit to the Congress and the Secretary
a report on the results of such study.
(2) Not later than 3 years after the date of entry into
such agreement, the Academy shall complete a study focused on
communities and industries not covered in the study under
paragraph (1) that are likely to experience an energy-related
transition should the United States achieve net-zero greenhouse
gas emissions by 2050, and submit to the Congress and the
Secretary a report on the results of such study.
(b) Timing of Agreement.--The Secretary shall seek to enter into
the agreement described in subsection (a) not later than 180 days after
the date of the enactment of this Act.
(c) Requirements.--The study and report under paragraph (1) of
subsection (a), with respect to communities described in such
paragraph, and the study and report under paragraph (2) of subsection
(a), with respect to communities described in such paragraph, shall--
(1) assess current and foreseeable trends in worker and
community disruptions associated with the Nation's transition
to achieving net-zero greenhouse gas emissions, and the effects
of such trends on the social, economic, and other requirements
of the Nation;
(2) identify types of occupations related to fossil fuels
that may be impacted by the Nation's transition to achieving
net-zero greenhouse gas emissions, including--
(A) occupations involved with--
(i) the extraction of fossil fuels;
(ii) the refinement of fossil fuels;
(iii) the generation of electricity from
fossil fuels;
(iv) the production of energy-intensive
industrial products;
(v) the manufacture of light-, medium-, and
heavy-duty vehicles that utilize an internal
combustion engine and other component parts for
such vehicles; and
(vi) the construction, operation, and
maintenance of infrastructure to deliver fossil
fuels for domestic use; and
(B) for each type of occupation identified under
subparagraph (A), estimates of--
(i) the number of employees serving in each
type of occupation;
(ii) the locations of employees for each
type of occupation;
(iii) the average wages and benefits of
employees for each type of occupation; and
(iv) the average age of employees for each
type of occupation, including an estimate of
the number of employees 55 years of age or
older;
(3) assess impacts and potential impacts associated with
the Nation's transition to achieving net-zero greenhouse gas
emissions on workers in the types of occupations identified
under paragraph (2);
(4) identify skills, including professional certifications,
typically associated with each type of occupation identified
under paragraph (2) and potential occupations utilizing the
same or similar skills in industries not impacted by the
Nation's transition to achieving net-zero greenhouse gas
emissions, including an estimate of average wages and benefits
for each such potential occupation;
(5) identify the ages and locations of, and existing debt
burdens, including debt burdens resulting from Department of
Agriculture Rural Utilities Service loans, related to existing
fossil fuel-powered electricity generating units;
(6) identify--
(A) municipal and county governments that derive--
(i) more than 25 percent of locally
generated tax revenue or employment within the
jurisdiction of the government from industries
employing workers in types of occupations
identified under paragraph (2); and
(ii) more than 50 percent of locally
generated tax revenue or employment within that
jurisdiction from such industries; and
(B) and assess the status and condition of
communities already affected by the transition to
achieving net-zero greenhouse gas emissions, that have
lost significant locally generated tax revenue or
employment within the past 10 years;
(7) assess economic development and alternative employment
opportunities in communities identified in paragraph (6),
including an assessment of existing educational, workforce
development, and infrastructure assets, including
transportation, energy, and digital infrastructure, near
identified communities;
(8) identify commonly occurring municipal and county
government services and programs funded by locally generated
tax revenues in communities identified in paragraph (6),
including--
(A) education;
(B) public safety, including police and fire
departments;
(C) health care;
(D) infrastructure; and
(E) workforce development; and
(9) identify potential strategies, consistent with
achieving net-zero greenhouse gas emissions, to avoid future
disruptions among businesses and workers, including strategies
to reskill workers to fill jobs in emerging and growing
industries.
(d) Recommendations.--The studies and reports under subsection (a)
shall identify actions that could be taken regarding worker and
community transition to net-zero greenhouse gas emissions, including--
(1) compensation packages for employees in types of
occupations identified under subsection (c)(2), including--
(A) transition adjustment assistance, potentially
including support for wages, pension, health care, and
other benefits; and
(B) enabling early retirement for such employees
over the age of 55;
(2) training and further education for employees in
occupations identified under subsection (c)(2), potentially
including job placement and relocation assistance;
(3) economic development and diversification of communities
identified under subsection (c)(6), including employment and
development opportunities associated with environmental
remediation;
(4) financial assistance packages for communities
identified in subsection (c)(6) to provide temporary
replacement of lost locally generated tax revenue; and
(5) recommendations for remedying deficiencies of existing
programs and activities identified in subsection (c), which may
include recommendations for Federal legislation and Executive
action.
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 1003. OFFICE OF ENERGY AND ECONOMIC TRANSITION.
(a) Establishment.--There is established in the Executive Office of
the President an Office of Energy and Economic Transition. The Office
shall be led by a Director who shall be appointed by the President, to
serve at the pleasure of the President, by and with the advice and
consent of the Senate.
(b) Director Qualifications.--The Director shall be a person who,
as a result of training, experience, and attainments, is exceptionally
well qualified to--
(1) appraise programs and activities of the Federal
Government in light of the challenges posed to adversely
affected workers and adversely affected communities;
(2) be conscious of and responsive to the scientific,
economic, social, cultural, and pollution reduction needs and
interests of the Nation; and
(3) formulate and recommend national policies to assist
workers and communities disrupted in the Nation's transition to
achieving net-zero greenhouse gas emissions.
(c) Compensation for Director.--The annual rate of pay for the
Director shall be fixed by the President at a rate that may not exceed
the annual rate of pay for level II of the Executive Schedule.
(d) Duties of Director.--The Director shall assist and advise the
President on policies and programs of the Federal Government affecting
the Nation's transition to achieving net-zero greenhouse gas emissions
by--
(1) administering the programs and activities under this
title;
(2) assisting and advising the President in the preparation
of the Worker and Community Transition Report required under
subsection (g);
(3) reviewing and appraising the various programs and
activities of the Federal Government related to adversely
affected workers and economic development and diversification
of adversely affected communities, and making recommendations
to the President with respect to such programs and activities;
(4) coordinating relevant programs and activities among the
relevant Federal departments and agencies through the
Interagency Energy and Economic Transition Task Force convened
pursuant to section 1004;
(5) coordinating across Federal departments, agencies, and
other initiatives to align energy-related transition strategies
with other national economic development strategies, including
national manufacturing, infrastructure, and environmental
remediation strategies;
(6) in accordance with section 1005, being responsive to
and coordinating with the Stakeholder Advisory Committee
established under such section;
(7) creating and maintaining a website to serve as an
information clearinghouse containing information on relevant
programs and activities from relevant departments and agencies
across the Federal Government to increase awareness of Federal
programs, grants, loans, loan guarantees, and other assistance
and resources the Director determines may assist economic
development and diversification activities in adversely
affected communities and support adversely affected workers;
(8) providing assistance to adversely affected communities,
including technical and financial assistance, and support for
capacity building and planning capabilities by adversely
affected communities and community-based leaders of such
communities, including assistance provided pursuant to section
1006 or through community-based transition hubs pursuant to
section 1007;
(9) collecting, collating, analyzing, and interpreting data
and information on adversely affected workers and economic
development and diversification of adversely affected
communities; and
(10) implementing grant programs or other forms of
financial and technical assistance to support adversely
affected workers and the economic development and
diversification of adversely affected communities as required
by this title or after determining no such similar program or
assistance is being provided by a Federal agency.
(e) Employment of Personnel, Experts, and Consultants.--The Office
may employ such officers and employees as may be necessary to carry out
its duties under this title. In addition, the Office may employ and fix
the compensation of such experts and consultants as may be necessary
for carrying out such duties, in accordance with section 3109 of title
5, United States Code.
(f) Reimbursements.--The Office may accept reimbursements from any
private nonprofit organization or from any department, agency, or
instrumentality of the Federal Government, any State, or local
government, for the reasonable travel expenses incurred by the Director
or an employee of the Office in connection with attendance at any
conference, seminar, or similar meeting conducted for the benefit of
the Office.
(g) Report to Congress.--Beginning in 2023, the President shall
transmit to Congress a report, to be known as the Worker and Community
Transition Report, not less than once every 2 years, which shall set
forth--
(1) the status and condition of workers and communities
disrupted in the Nation's transition to achieving net-zero
greenhouse gas emissions, with an emphasis on economic
development and diversification activities in adversely
affected communities;
(2) current and foreseeable trends in worker and community
disruptions associated with the Nation's transition to
achieving net-zero greenhouse gas emissions, and the effects of
such trends on the social, economic, and other requirements of
the Nation;
(3) a review of the programs and activities (including
regulatory activities) of the Federal Government, State,
Tribal, and local governments, and nongovernmental entities or
individuals that serve adversely affected communities;
(4) recommendations for remedying deficiencies of existing
programs and activities described in paragraph (3), which may
include recommendations for new programs and activities and
legislation to authorize such programs; and
(5) the expenditures of the Office in support of programs
and activities authorized under this title.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 1004. INTERAGENCY ENERGY AND ECONOMIC TRANSITION TASK FORCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director shall convene regularly a task force, to be
known as the Interagency Energy and Economic Transition Task Force, to
enhance the coordination of relevant programs and activities intended
to support adversely affected workers and adversely affected
communities, with an emphasis on economic development and
diversification activities in adversely affected communities.
(b) Composition.--The Task Force shall be comprised of the
following (or a designee):
(1) The Secretary of Energy.
(2) The Secretary of Labor.
(3) The Secretary of Commerce.
(4) The Secretary of Agriculture.
(5) The Secretary of Health and Human Services.
(6) The Secretary of Housing and Urban Development.
(7) The Secretary of the Interior.
(8) The Secretary of Transportation.
(9) The Secretary of the Treasury.
(10) The Secretary of Education.
(11) The Administrator of the Environmental Protection
Agency.
(12) The Administrator of the Small Business
Administration.
(13) The Director of the Office of Management and Budget.
(14) The Chair of the Council on Environmental Quality.
(15) The Chairman of the Appalachian Regional Commission.
(16) Such other Federal officials as determined appropriate
by the Director.
(c) Functions.--The Task Force shall--
(1) report to the President through the Director;
(2) seek to enhance coordination and implementation of
programs and activities related to the duties of the Office of
Energy and Economic Transition in order to ensure that the
administration of programs, activities, and policies across
Federal departments and agencies are carried out in a
consistent and complementary manner;
(3) utilize, to the fullest extent possible, the services,
facilities and information (including statistical information)
of public and private agencies and organizations, and
individuals, in order that duplication of effort and expense
may be avoided; and
(4) identify, based in part on recommendations from the
Stakeholder Advisory Committee established under section 1005
and the public, opportunities to improve support for adversely
affected workers and adversely affected communities for
relevant Federal departments and agencies to take into
consideration and address.
(d) Public Participation.--The Task Force shall--
(1) hold public meetings or otherwise solicit public
participation for the purposes of developing and coordinating
policies and programs of the Federal Government related to
adversely affected workers and adversely affected communities
in the Nation's transition to achieving net-zero greenhouse gas
emissions; and
(2) publish a summary of any comments and recommendations
provided pursuant to paragraph (1).
SEC. 1005. STAKEHOLDER ADVISORY COMMITTEE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director shall establish a committee, to be known as
the Stakeholder Advisory Committee, to consult with representatives of
adversely affected communities, adversely affected workers, industry,
labor unions, economic development experts, State, local, and Tribal
governments, and other organizations and individuals, as determined
appropriate by the Director, to address the needs of workers and
communities affected by the Nation's energy transition to net-zero
greenhouse gas emissions.
(b) Membership.--The Stakeholder Advisory Committee shall be
comprised of members who have knowledge of, or experience relating to,
workers and communities adversely affected by the Nation's energy
transition to net-zero greenhouse gas emissions, with an emphasis on
economic development and diversification activities in adversely
affected communities, and shall include--
(1) representatives from labor unions, including at least
one representative from--
(A) the mining sector;
(B) the electricity generation sector;
(C) the manufacturing sector; and
(D) the transportation sector;
(2) community leaders from adversely affected communities,
including community leaders from Tribal and indigenous
communities;
(3) representatives from State, Tribal, and local
governments;
(4) experts in economic development;
(5) experts in workforce development;
(6) representatives from nongovernmental organizations,
including environmental organizations; and
(7) representatives from the private sector.
(c) Responsibilities.--The Stakeholder Advisory Committee shall
provide independent advice and recommendations to the Director with
respect to issues relating to the duties of the Office of Energy and
Economic Transition, including--
(1) improving participation, cooperation, and communication
between the Office and adversely affected communities;
(2) recommending lessons learned and best practices from
communities, regions, and countries that have gone through, are
going through, or are planning for an energy-related economic
transition;
(3) supporting community-based public meetings, as
described in subsection (f);
(4) soliciting and receiving feedback from community-based
transition hubs receiving grants pursuant to section 1007; and
(5) producing a report within 2 years of establishment, and
every 2 years thereafter, and make recommendations, including
actions that could be taken under executive authority and new
legislation.
(d) Recommendations From the Stakeholder Advisory Committee.--The
Director shall provide a written response to each recommendation
submitted in a report under subsection (c) to the Director by the
Stakeholder Advisory Committee by not later than 180 days after the
date of submission of such report.
(e) Committee Meetings.--
(1) In general.--The Stakeholder Advisory Committee shall
meet not less frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Stakeholder
Advisory Committee shall be held open to the public.
(3) Duties of the director.--The Director (or a designee)
shall--
(A) be present at each meeting of the Stakeholder
Advisory Committee;
(B) ensure that each meeting is conducted in
accordance with an agenda approved in advance by the
Director;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each
meeting of the Stakeholder Advisory Committee;
or
(ii) to make statements at such a meeting,
to the extent that time permits; and
(D) ensure that a high-level representative from
each department and agency from the Interagency Energy
and Economic Transition Task Force convened pursuant to
section 1004 are invited to, and encouraged to attend,
each meeting of the Stakeholder Advisory Committee.
(f) Public Meetings.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and each year thereafter, the Director,
in coordination with the Stakeholder Advisory Committee, shall
hold public meetings to gather input with respect to the duties
of the Office of Energy and Economic Transition and
implementation of this title.
(2) Outreach to adversely affected communities.--The
Director, in advance of the meetings described in subsection
(a), shall hold meetings in multiple adversely affected
communities to provide meaningful community involvement
opportunities.
(3) Coordination with community-based transition hubs.--The
Director, in advance of the meetings described in subsection
(a), shall coordinate and solicit comments from entities
receiving grants under section 1007.
(g) Travel Expenses.--A member of the Stakeholder Advisory
Committee may be allowed travel expenses, including per diem in lieu of
subsistence, at such rate as the Director determines to be appropriate
while away from the home or regular place of business of the member in
the performance of the duties of the Stakeholder Advisory Committee,
including participation in a public meeting pursuant to subsection (f).
(h) Duration.--The Stakeholder Advisory Committee shall remain in
existence unless otherwise provided by law.
SEC. 1006. ASSISTANCE FOR ADVERSELY AFFECTED COMMUNITIES.
(a) In General.--The Director shall establish a program to provide
assistance to eligible local government entities, including making
payments to temporarily replace eligible local revenues of such
entities.
(b) Requirements.--In implementing the program in subsection (a),
the Director shall--
(1) identify problems of counties, regions, metropolitan
areas, Tribal governments, and communities that result from the
cessation of operations by impacted employers;
(2) use and maintain a uniform socioeconomic impact
analysis;
(3) apply consistent policies, practices, and procedures in
the administration of Federal programs that are used to assist
counties, Tribal governments, regions, metropolitan areas,
communities, and businesses;
(4) encourage effective Federal, State, Tribal, county,
regional, metropolitan, and community cooperation and
involvement of public interest groups, labor organizations, and
private sector organizations in community adjustment
activities;
(5) serve as a clearinghouse to exchange information among
Federal, State, county, Tribal, regional, metropolitan, and
community officials involved in community adjustment
activities. Such information may include reports, studies, best
practices, technical information, and sources of public and
private financing; and
(6) support planning activities of counties, Tribal
governments, regions, metropolitan areas, and communities to
promote diversification of local economies.
(c) Community Adjustments to Eligible Local Government Entities.--
The Director shall make annual payments under this section to eligible
local government entities to replace eligible local revenues due to the
cessation of operations by impacted employers located within the
jurisdiction of such local government entities.
(d) Order of Payment.--The date of submission of an eligible local
government entity's application for assistance shall establish the
order in which assistance is paid to program applicants, except that in
no event shall assistance be paid to a local government entity until
such time that an impacted employer has been closed. Any local
government entity seeking assistance under this section shall submit an
affidavit to the Director that an impacted employer has ceased
operating and an estimation of eligible local revenues. After receipt
of such an affidavit under this subsection, the Director shall confirm
such information.
(e) Conditions on Payments and Assistance.--An eligible local
government entity shall--
(1) be eligible for not more than one payment each fiscal
year under this section; and
(2) not receive payments under this section for more than 8
fiscal years.
(f) Determination of Payment Amount.--The amount of a payment under
this section shall be determined by the Director based on the eligible
local revenues from one or more impacted employer to an eligible local
government entity equal to--
(1) 90 percent of eligible local revenues in the first and
second years;
(2) 75 percent of eligible local revenues in the third and
fourth years;
(3) 50 percent of eligible local revenues in the fifth and
sixth years; and
(4) 25 percent of eligible local revenues in the seventh
and eighth years.
(g) Adjustment of Payment Amounts.--Notwithstanding subsection (f),
if the Director determines that the total amount of payments to
eligible local government entities in any year would exceed the amount
of funding made available to carry out this section for that year, the
Director may reduce each eligible local government entity's payment on
a pro rata basis.
(h) Report to the Director.--An eligible local government entity
receiving payment under this section shall be required to submit an
annual report to the Director explaining the use of payments, including
a description of funding used for--
(1) infrastructure;
(2) telecommunications;
(3) education;
(4) health care;
(5) public safety, including police, fire, emergency
response, or other community support services;
(6) drinking water and wastewater services;
(7) economic development and diversification;
(8) employment training, counseling, and placement services
for dislocated workers; and
(9) counseling and other social services for dislocated
workers.
(i) Community Adjustments, Economic Development, and Economic
Diversification Planning.--The Director may make grants and supplement
other Federal funds in order to assist a county, municipality, school
district, special district, or Tribal government in planning for
community adjustments, economic development, and economic
diversification even if such entity is not currently eligible for
assistance under this section if the Director determines that there
exists a reasonable likelihood that such entity may become eligible in
the future.
(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for carrying out this section.
(k) Definitions.--In this section:
(1) Eligible local government entity.--The term ``eligible
local government entity'' means a county, municipality, school
district, special district, or Tribal government that has one
or more impacted employer located within the jurisdiction of
such entity that has ceased operations within the two years
prior to submitting an application to the Director, resulting
in at least a 25 percent reduction in total revenues from the
real property tax collections, royalties, lease payments,
transaction privilege taxes and sales taxes, or payments in
lieu of taxes owed to such entity.
(2) Eligible local revenues.--The term ``eligible local
revenues'' means the amount of real property taxes, royalty or
lease payments, transaction privilege taxes and sales taxes,
and payments in lieu of taxes owed by one or more impacted
employers to a county, municipality, school district, special
district, or Tribal government, based on the average annual
amount owed by such an impacted employer for the 3 years prior
to the cessation of operations by such impacted employer.
SEC. 1007. COMMUNITY-BASED TRANSITION HUB PROGRAM.
(a) In General.--The Director shall establish a program to award
grants to entities described in subsection (b), to be known as
Community-Based Transition Hubs, to carry out the activities described
in subsection (d).
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall demonstrate to the Director that the
entity--
(1) has existing relationships, or could readily establish
relationships, with local employers and employees, local
county, municipal, and Tribal governments, local and regional
economic development and planning organizations, workforce
development, educational, and job training resources, economic
development organizations, community organizations that provide
social services, and other organizations determined appropriate
by the Director;
(2) is capable of carrying out the duties described in
subsection (d);
(3) can meet the standards described in subsection (e); and
(4) can provide information consistent with the standards
developed under subsection (f).
(c) Priority.--In awarding grants under this section, the Director
shall prioritize grants to entities located in communities that--
(1) receive assistance under section 1006; or
(2) the Director determines there is a reasonable
likelihood may receive assistance under section 1006 within 5
years.
(d) Duties.--An entity that receives a grant under this section
shall--
(1) coordinate with the Office of Energy and Economic
Transition and relevant Federal departments and agencies
regarding the latest information, financial and technical
assistance opportunities, and best practices to support workers
and communities adversely affected by the Nation's energy
transition to net-zero greenhouse gas emissions;
(2) provide capacity-building support and technical
assistance, including grant writing assistance, to local
leaders and organizations, including elected leaders, community
leaders, business owners, and labor leaders, to facilitate
community-driven planning processes and on-going program
development and implementation related to assistance to
displaced workers and economic development and diversification;
(3) advise communities that apply for assistance under this
title or under other Federal and State programs, including
providing guidance on the procedures and deadlines for applying
or petitioning for such assistance;
(4) conduct public education activities, including outreach
to adversely affected workers with respect to services and
assistance available through local, State, and Federal
programs;
(5) provide information related to, and when appropriate,
facilitate enrollment in--
(A) training, employment counseling, employment
opportunities, and placement services for adversely
affected workers, available in local and regional
areas, including information on how to apply for such
training and services;
(B) training programs and other services provided
by a State pursuant to title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.) and
available in local and regional areas, including
information on how to apply for such training;
(C) educational opportunities and information
related financial aid, including referring workers to
educational opportunity centers described in section
402F of the Higher Education Act of 1965 (20 U.S.C.
1070a-16), where applicable;
(D) short-term prevocational services, including
development of learning skills, communications skills,
interviewing skills, personal maintenance skills, and
professional conduct to prepare individuals for
employment or training; and
(E) support services in local and regional areas,
including services related to childcare, personal
counseling (including substance abuse treatment,
suicide prevention, and mental health care), family
counseling, bankruptcy and financial counseling,
transportation, dependent care, housing assistance, and
need-related payments;
(6) provide individual employment counseling for adversely
affected workers, including development of an individual
employment plan to identify employment goals and objectives,
and appropriate training to achieve those goals and objectives,
or information to obtain such counseling in local and regional
areas;
(7) provide employment statistics information, including
the provision of accurate information relating to local,
regional, and national labor market areas, including--
(A) job vacancy listings in such labor market
areas;
(B) information on jobs skills necessary to obtain
jobs identified in job vacancy listings described in
subparagraph (A);
(C) information relating to local occupations that
are in demand and earnings potential of such
occupations; and
(D) skills requirements for local occupations
described in subparagraph (C); and
(8) provide information in a manner that is culturally and
linguistically appropriate to the needs of the population being
served.
(e) Standards.--The Director shall establish standards for grant
recipients under this section, including provisions to ensure that any
entity that receives a grant is qualified to engage in the activities
described in this section.
(f) Fair and Impartial Information and Services.--The Director, in
consultation with States, Tribal governments, and relevant Federal
agencies, shall develop standards to ensure that information made
available by grant recipients under this section is accurate and shall
provide such entities with relevant information and technical
assistance to enable grant recipients under this section to better
perform the duties in subsection (d).
(g) Limitations on Grants.--
(1) Period.--In carrying out this section, the Director
shall ensure that the total period of a grant does not exceed 6
years.
(2) Amount.--In carrying out this section, the Director
shall ensure that the total amount awarded to an entity during
the total period of the grant does not exceed $12,000,000.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary for carrying out this section.
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