[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5367 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5367
To direct the Secretary of Energy to establish a program to award
grants for qualifying advanced energy projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2021
Mr. Lamb introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish a program to award
grants for qualifying advanced energy projects, 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 ``Advancing Energy Manufacturing in
Coal Communities Act''.
SEC. 2. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Advanced energy property.--The term ``advanced energy
property'' means--
(A) property designed to be used to produce energy
from the sun, water, wind, geothermal or hydrothermal
(as those terms are defined in section 612 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17191)) resources, enhanced geothermal systems (as
defined in that section), or other renewable resources;
(B) fuel cells, microturbines, or energy storage
systems and components;
(C) electric grid modernization equipment or
components;
(D) property designed to capture, remove, use, or
sequester carbon oxide emissions;
(E) equipment designed to refine, electrolyze, or
blend any fuel, chemical, or product that is--
(i) renewable; or
(ii) low-carbon and low-emission;
(F) property designed to produce energy
conservation technologies (including for residential,
commercial, and industrial applications);
(G)(i) light-, medium-, or heavy-duty electric or
fuel cell vehicles, electric or fuel cell locomotives,
electric or fuel cell maritime vessels, or electric or
fuel cell planes;
(ii) technologies, components, and materials of
those vehicles, locomotives, maritime vessels, or
planes; and
(iii) charging or refueling infrastructure
associated with those vehicles, locomotives, maritime
vessels, or planes;
(H)(i) hybrid vehicles with a gross vehicle weight
rating of not less than 14,000 pounds; and
(ii) technologies, components, and materials for
those vehicles; and
(I) other advanced energy property designed to
reduce greenhouse gas emissions, as may be determined
by the Secretary.
(2) Covered census tract.--The term ``covered census
tract'' means a census tract--
(A) in which, after December 31, 1999, a coal mine
had closed;
(B) in which, after December 31, 2009, a coal-fired
electricity generating unit had been retired; or
(C) that is immediately adjacent to a census tract
described in subparagraph (A) or (B).
(3) Eligible entity.--The term ``eligible entity'' means a
manufacturing firm--
(A) the gross annual sales of which are less than
$100,000,000;
(B) that has fewer than 500 employees at the plant
site of the manufacturing firm; and
(C) the annual energy bills of which total more
than $100,000 but less than $2,500,000.
(4) Minority-owned.--The term ``minority-owned'', with
respect to an eligible entity, means an eligible entity not
less than 51 percent of which is owned by 1 or more individuals
who are--
(A) citizens of the United States; and
(B) Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican,
Native American, or Alaska Native.
(5) Program.--The term ``Program'' means the grant program
established under subsection (b).
(6) Qualifying advanced energy project.--The term
``qualifying advanced energy project'' means a project that--
(A)(i) re-equips, expands, or establishes a
manufacturing or recycling facility for the production
or recycling, as applicable, of advanced energy
property; or
(ii) re-equips an industrial or manufacturing
facility with equipment designed to reduce the
greenhouse gas emissions of that facility substantially
below the greenhouse gas emissions under current best
practices, as determined by the Secretary, through the
installation of--
(I) low- or zero-carbon process heat
systems;
(II) carbon capture, transport,
utilization, and storage systems;
(III) technology relating to energy
efficiency and reduction in waste from
industrial processes; or
(IV) any other industrial technology that
significantly reduces greenhouse gas emissions,
as determined by the Secretary;
(B) has a reasonable expectation of commercial
viability, as determined by the Secretary; and
(C) is located in a covered census tract.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to award
grants to eligible entities to carry out qualifying advanced energy
projects.
(c) Applications.--
(1) In general.--Each eligible entity seeking a grant 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, including a description of the
proposed qualifying advanced energy project to be carried out
using the grant.
(2) Selection criteria.--
(A) Projects.--In selecting eligible entities to
receive grants under the Program, the Secretary shall,
with respect to the qualifying advanced energy projects
proposed by the eligible entities, give higher priority
to projects that--
(i) will provide higher net impact in
avoiding or reducing anthropogenic emissions of
greenhouse gases;
(ii) will result in a higher level of
domestic job creation (both direct and
indirect) during the lifetime of the project;
(iii) will result in a higher level of job
creation in the vicinity of the project,
particularly with respect to--
(I) low-income communities (as
described in section 45D(e) of the
Internal Revenue Code of 1986); and
(II) dislocated workers who were
previously employed in manufacturing,
coal power plants, or coal mining;
(iv) have higher potential for
technological innovation and commercial
deployment;
(v) have a lower levelized cost of--
(I) generated or stored energy; or
(II) measured reduction in energy
consumption or greenhouse gas emission
(based on costs of the full supply
chain); and
(vi) have a shorter project time.
(B) Eligible entities.--In selecting eligible
entities to receive grants under the Program, the
Secretary shall give priority to eligible entities that
are minority-owned.
(d) Prevailing Wages.--To be eligible to receive a grant under the
Program, an eligible entity shall submit to the Secretary a written
assurance that all laborers and mechanics employed by any contractor or
subcontractor in the performance of work funded, in whole or in part,
by the grant shall be paid wages at rates not less than those
prevailing on work of a similar character 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). 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.
(e) Project Completion and Location; Return of Unobligated Funds.--
(1) Completion; return of unobligated funds.--An eligible
entity that receives a grant under the Program shall be
required--
(A) to complete the qualifying advanced energy
project funded by the grant not later than 3 years
after the date of receipt of the grant funds; and
(B) to return to the Secretary any grant funds that
remain unobligated at the end of that 3-year period.
(2) Location.--If the Secretary determines that an eligible
entity awarded a grant under the Program has carried out the
applicable qualifying advanced energy project at a location
that is materially different from the location specified in the
application for the grant, the eligible entity shall be
required to return the grant funds to the Secretary.
(f) Technical Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide technical
assistance on a selective basis to eligible entities that are
seeking a grant under the Program to enhance the impact of the
qualifying advanced energy project to be carried out using the
grant with respect to the selection criteria described in
subsection (c)(2)(A).
(2) Applications.--An eligible entity desiring technical
assistance under paragraph (1) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Factors for consideration.--In selecting eligible
entities for technical assistance under paragraph (1), the
Secretary shall give higher priority to eligible entities that
propose a qualifying advanced energy project that has greater
potential for enhancement of the impact of the project with
respect to the selection criteria described in subsection
(c)(2)(A).
(g) Publication of Grants.--The Secretary shall make publicly
available the identity of each eligible entity awarded a grant under
the Program and the amount of the grant.
(h) Report.--Not later than 4 years after the date of enactment
this Act, the Secretary shall--
(1) review the grants awarded under the Program; and
(2) 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 describing those grants.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Program $750,000,000 for
the period of fiscal years 2022 through 2026.
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