[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5369 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5369
To amend the Internal Revenue Code of 1986 to enhance the qualifying
advanced energy project credit.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2021
Mr. Lamb introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to enhance the qualifying
advanced energy project credit.
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 ``American Jobs in Energy
Manufacturing Act of 2021''.
SEC. 2. ADJUSTMENT OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT.
(a) In General.--Section 48C of the Internal Revenue Code of 1986
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) by inserting ``, any portion of the
qualified investment of which is certified by
the Secretary under subsection (d) as eligible
for a credit under this section'' after ``means
a project'',
(ii) in clause (i)--
(I) by striking ``a manufacturing
facility for the production of'' and
inserting ``an industrial or
manufacturing facility for the
production or recycling of'',
(II) in clause (I), by inserting
``water,'' after ``sun,'',
(III) in clause (II), by striking
``an energy storage system for use with
electric or hybrid-electric motor
vehicles'' and inserting ``energy
storage systems and components'',
(IV) in clause (III), by striking
``grids to support the transmission of
intermittent sources of renewable
energy, including storage of such
energy'' and inserting ``grid
modernization equipment or
components'',
(V) in subclause (IV), by striking
``and sequester carbon dioxide
emissions'' and inserting ``, remove,
use, or sequester carbon oxide
emissions'',
(VI) by striking subclause (V) and
inserting the following:
``(V) equipment designed to refine,
electrolyze, or blend any fuel,
chemical, or product which is--
``(aa) renewable, or
``(bb) low-carbon and low-
emission,'',
(VII) by striking subclause (VI),
(VIII) by redesignating subclause
(VII) as subclause (IX),
(IX) by inserting after subclause
(V) the following new subclauses:
``(VI) property designed to produce
energy conservation technologies
(including residential, commercial, and
industrial applications),
``(VII) light-, medium-, or heavy-
duty electric or fuel cell vehicles, as
well as--
``(aa) technologies,
components, or materials for
such vehicles, and
``(bb) associated charging
or refueling infrastructure,
``(VIII) hybrid vehicles with a
gross vehicle weight rating of not less
than 14,000 pounds, as well as
technologies, components, or materials
for such vehicles, or'', and
(X) in subclause (IX), as so
redesignated, by striking ``and'' at
the end and inserting ``or'', and
(iii) by striking clause (ii) and inserting
the following:
``(ii) which re-equips an industrial or
manufacturing facility with equipment designed
to reduce its greenhouse gas emissions well
below current best practices through the
installation of--
``(I) low- or zero-carbon process
heat systems,
``(II) carbon capture, transport,
utilization and storage systems,
``(III) energy efficiency and
reduction in waste from industrial
processes, or
``(IV) any industrial technology
which significantly reduces greenhouse
gas emissions, as determined by the
Secretary.'',
(B) by redesignating subparagraph (B) as
subparagraph (C), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Additional qualifying advanced energy
projects.--The term `qualifying advanced energy
project' shall also include any project described in
subparagraph (A) which is located in a census tract--
``(i) which, prior to the date of enactment
of the American Jobs in Energy Manufacturing
Act of 2021, had no projects which received a
certification and allocation of credits under
subsection (d), and
``(ii)(I) in which, after December 31,
1999, a coal mine has closed,
``(II) in which, after December 31, 2009, a
coal-fired electric generating unit has been
retired, or
``(III) which is immediately adjacent to a
census tract described in subclause (I) or
(II).'',
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``this
section'' and inserting ``the American Jobs in
Energy Manufacturing Act of 2021'', and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Limitations.--
``(i) Initial allocation.--The total amount
of credits that may be allocated under the
program prior to the date of enactment of the
American Jobs in Energy Manufacturing Act of
2021 shall not exceed $2,300,000,000.
``(ii) Additional allocation.--The total
amount of credits that may be allocated under
the program on or after to the date of
enactment of the American Jobs in Energy
Manufacturing Act of 2021 shall not exceed
$8,000,000,000, of which not greater than
$4,000,000,000 may be allocated to projects
which are not located in a census tract
described in subparagraph (B) of subsection
(c)(1).'',
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``2-
year'' and inserting ``3-year'',
(ii) in subparagraph (B)--
(I) by striking ``1 year'' and
inserting ``18 months'', and
(II) by adding at the end the
following new sentence: ``Not later
than 180 days after the date on which
such evidence was provided by the
applicant, the Secretary shall
determine whether the requirements of
the certification have been met.'', and
(iii) by adding at the end the following
new subparagraph:
``(D) Location of project.--In the case of an
applicant which receives a certification, if the
Secretary determines that the project has been placed
in service at a location which is materially different
than the location specified in the application for such
project, the certification shall no longer be valid.'',
(C) in paragraph (3)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) shall take into consideration only those
projects--
``(i) where there is a reasonable
expectation of commercial viability, and
``(ii) which will ensure laborers and
mechanics employed by contractors and
subcontractors in the performance of any
qualifying advanced energy project shall be
paid wages at rates not less than the
prevailing rates 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'', and
(ii) in subparagraph (B)--
(I) by striking clauses (i) and
(ii) and inserting the following:
``(i) will provide the greatest net impact
in avoiding or reducing anthropogenic emissions
of greenhouse gases (or, in the case of a
project described in subsection (c)(1)(A)(ii),
will provide the greatest reduction of
greenhouse gas emissions as compared to current
best practices),
``(ii) will provide the greatest domestic
job creation (both direct and indirect) during
the credit period,'',
(II) by redesignating clauses (iii)
through (v) as clauses (iv) through
(vi), respectively, and
(III) by inserting after clause
(ii) the following new clause:
``(iii) will provide the greatest job
creation within the vicinity of the project,
particularly with respect to--
``(I) low-income communities (as
described in section 45D(e)), and
``(II) dislocated workers who were
previously employed in manufacturing,
coal power plants, or coal mining,'',
and
(D) in paragraph (4)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) Review and report.--Not later than 4 years
after the date of enactment of the American Jobs in
Energy Manufacturing Act of 2021, the Secretary shall--
``(i) review the credits allocated under
this section as of such date, and
``(ii) submit a report regarding the
allocation of such credits to--
``(I) the Committee on Finance and
the Committee on Energy and Natural
Resources of the Senate, and
``(II) the Committee on Ways and
Means and the Committee on Energy and
Commerce of the House of
Representatives.'', and
(ii) by adding at the end the following new
subparagraph:
``(D) Special rule.--For purposes of reallocating
credits pursuant to this paragraph, the limitation
under paragraph (1)(B)(ii) with respect to allocation
of credits to projects which are not located in a
census tract described in subparagraph (B) of
subsection (c)(1) shall not apply.'',
(3) in subsection (e), by inserting ``45Q,'' after
``section'', and
(4) by adding at the end the following new subsection:
``(f) Technical Assistance.--For purposes of assisting with
applications for certification under subsection (d), the Secretary of
Energy shall provide technical assistance to any State (or political
subdivision thereof), tribe, or economic development organization
which, prior to the date of enactment of the American Jobs in Energy
Manufacturing Act of 2021--
``(1) had no applicants for certification under such
subsection, or
``(2) had less than 2 qualifying advanced energy projects
which received an allocation of credits under such
subsection.''.
(b) Authorization of Appropriations.--To carry out subsection (f)
of section 48C of the Internal Revenue Code of 1986 (as added by
subsection (a)(4)), there is authorized to be appropriated to the State
Energy Program of the Department of Energy, out of moneys in the
Treasury not otherwise appropriated, $500,000, to remain available
until expended.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2021.
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