[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9046 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9046
To establish a program to issue rebates for energy efficiency
improvements at industrial facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. Michael F. Doyle of Pennsylvania (for himself and Mr. Casten)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To establish a program to issue rebates for energy efficiency
improvements at industrial facilities, 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; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Industrial
Efficiency Incentive Act''.
(b) Definitions.--In this Act:
(1) Certified energy expert.--The term ``certified energy
expert'' means an expert that has been identified, through
testing and review by an independent, accredited certification
body that has been approved by the Secretary of Energy, as
meeting the Department of Energy's criteria for providing
energy efficiency and carbon reducing services to an eligible
facility.
(2) Eligible facility.--The term ``eligible facility''
means a nonpower industrial facility.
(3) Industrial assessment centers.--The term ``Industrial
Assessment Centers'' means the Industrial Assessment Centers of
the Department of Energy.
(4) Qualified entity.--The term ``qualified entity'' means
the owner or operator of an eligible facility.
(5) Qualified technology.--The term ``qualified
technology'' means any technology--
(A) that is used at an eligible facility; and
(B) that--
(i) the use of which can be demonstrated to
result in energy efficiency improvements of at
least 20 percent over an eligible facility's
existing technology and does not increase scope
1 greenhouse gas emissions or scope 2
greenhouse gas emissions, as such terms are
defined by the Administrator of the
Environmental Protection Agency, of the
eligible facility;
(ii) the use of which can be demonstrated
to reduce the amount of water used by at least
20 percent over an eligible facility's existing
technology; or
(iii) replaces fossil fuel-fired technology
at an eligible facility.
(6) Utility.--The term ``utility'' means a regulated entity
that provides electricity, natural gas, or water service to an
eligible facility.
(7) Working group.--The term ``Working Group'' means the
Industrial Efficiency Working Group established under section
4(a).
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) reduce greenhouse gas emissions from the industrial
sector;
(2) maximize the energy efficiency and water use efficiency
of United States industrial facilities;
(3) make industrial facilities more financially viable by
making energy efficiency improvements at such facilities that
lower energy costs;
(4) create opportunities for energy efficiency
manufacturing and installation jobs across the United States;
and
(5) make the United States industrial sector the cleanest
in the world.
SEC. 3. SUSTAINABLE INDUSTRY REBATE PROGRAM.
(a) In General.--The Secretary of Energy shall establish a program,
to be known as the ``Sustainable Industry Rebate Program'', under which
the Secretary of Energy shall issue rebates to qualified entities for
purchases of qualified technology.
(b) Process.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy, in consultation
with the Secretary of the Treasury, shall--
(A) develop and make available rebate forms which
qualified entities shall use to request a rebate issued
under the Sustainable Industry Rebate Program; and
(B) establish a database and information technology
system, to be known as the ``Federal Rebate Processing
System'', which shall be used by qualified entities to
submit forms made available under subparagraph (A) for
the purpose of requesting a rebate issued under the
Sustainable Industry Rebate Program.
(2) Requirements.--To be eligible to receive a rebate
issued under the Sustainable Industry Rebate Program, a
qualified entity shall submit to the Secretary of Energy a
completed form made available under paragraph (1)(A) at such
time and containing such information as the Secretary of Energy
may require, which at a minimum such form shall--
(A) demonstrate--
(i) that the qualified entity purchased a
qualified technology;
(ii) that such qualified technology is
eligible for the Sustainable Industry Rebate
Program;
(iii) whether such qualified technology is
eligible for any of the additional rebate
amounts provided in subsection (d)(2); and
(iv) as applicable, whether any technology
replaced by the qualified technology has been
permanently decommissioned; and
(B) include information on--
(i) the amount of the reduction in energy
or water use to be achieved by implementation
of the qualified technology; and
(ii) the amount of any reduction in
greenhouse gas emissions that results from
replacing an existing technology with the
qualified technology.
(c) Sustainable Industry Database.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Energy shall
establish and maintain on the website of the Department of
Energy a national database, to be known as the ``Sustainable
Industry Database'', to provide information on the Sustainable
Industry Rebate Program.
(2) Inclusions.--The Sustainable Industry Database shall
include--
(A) a list of the technologies that the Working
Group determines are qualified technologies;
(B) a list of the qualified technologies that are
eligible for the Made in America additional rebate
amounts provided in subsection (d)(2)(A);
(C) instructions for how a qualified entity may
apply for a rebate issued under the Sustainable
Industry Rebate Program;
(D) instructions for how to petition the Working
Group to request an addition to a list of qualified
technologies included by subparagraph (A) or
subparagraph (B);
(E) instructions for how to petition the Working
Group to recognize technologies that individually do
not qualify for the rebate but can be combined and used
to provide a benefit equal to or greater than a
qualified technology, such as pumps and pipes used
together; and
(F) any additional information determined
appropriate by the Secretary of Energy.
(d) Authorized Amount of Rebate.--
(1) Base rebates.--The base amount of a rebate issued under
the Sustainable Industry Rebate Program shall be equal to the
amount that is--
(A) for a qualified entity with more than 500
employees, 25 percent of the total cost to purchase the
qualified technology; and
(B) for a qualified entity with fewer than 500
employees, 40 percent of the total cost to purchase the
qualified technology.
(2) Additional rebate amounts.--In addition to the base
amount described in paragraph (1), the total amount of a rebate
issued under the Sustainable Industry Rebate Program may be
increased by--
(A) if the majority of the components of the
purchased qualified technology were manufactured in the
United States, the amount that is equal to 15 percent
of the total cost to purchase the qualified technology;
and
(B) if the qualified technology facilitates a
switch from a fossil fuel-fired energy source to a
zero-carbon energy source, the amount that is equal to
10 percent of the total cost to purchase the qualified
technology.
(3) Cost to purchase qualified technology.--For the purpose
of determining the amount of a rebate issued under the
Sustainable Industry Rebate Program, the total cost to purchase
the qualified technology shall include all costs associated
with--
(A) the purchase and installation of the qualified
technology; and
(B) the removal of any existing technology as a
result of such purchase and installation.
(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.
SEC. 4. INDUSTRIAL EFFICIENCY WORKING GROUP.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Energy shall establish the
Industrial Efficiency Working Group.
(b) Membership.--
(1) Appointment.--The Working Group shall be comprised of
members who shall be appointed by the Secretary of Energy, in
consultation with the Directors of the Advanced Manufacturing
Office, the Building Technology Office, and the Office of
Energy Efficiency and Renewable Energy of the Department of
Energy.
(2) Representation.--Members of the Working group shall
include--
(A) at least one representative from each relevant
Federal agency, as determined by the Secretary of
Energy;
(B) at least one representative from each relevant
office of the Department of Energy;
(C) at least one representative from labor groups;
(D) representatives from the research community,
which shall include at least one representative from
academia and at least one representative from any
relevant National Laboratories;
(E) at least one representative from
nongovernmental organizations;
(F) representatives from energy efficiency program
administrators;
(G) representatives from industry and trade
associations; 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 from industry, academia, independent
researchers, and public and private entities.
(3) Chair.--The Secretary of Energy shall designate a
member of the Working Group to serve as the Chair.
(c) Duties.--The Working Group shall--
(1) develop the list of qualified technologies to be
included in the Sustainable Industry Database under section
3(c)(2)(A);
(2) develop the list of the qualified technologies that
meet the Made in America requirements for additional rebate
amounts to be included in the Sustainable Industry Database
under section 3(c)(2)(B);
(3) determine if any technologies for which a petition is
submitted pursuant to section 3(c)(2)(D) should be added to the
applicable list;
(4) periodically revise the lists developed under
paragraphs (1) and (2), which includes revising such lists to
remove, as necessary, any technology that is no longer
determined to be a qualified technology; and
(5) identify technology gaps in industrial efficiency, and
make recommendations to address such gaps.
(d) Meetings.--
(1) Frequency.--The Working Group shall meet not less
frequently than twice 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.--Not later than 180 days after the date of enactment of
this Act, and not less frequently than once every year thereafter, the
Working Group shall submit to the Secretary of Energy a report that
includes--
(1) the list of qualified technologies developed under
subsection (c)(1);
(2) the list of the qualified technologies developed under
subsection (c)(2); and
(3) an identification of which technologies were added or
removed from the lists described in paragraphs (1) and (2).
(f) Coordination.--In carrying out this section, the Secretary of
Energy shall, to the maximum extent possible--
(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 (established under
section 455 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17114)); and
(3) leverage existing resources and programs of the
Department of Energy.
SEC. 5. SAVE CARBON NOW PROGRAM.
(a) In General.--
(1) Identification of facilities.--The Secretary of Energy
shall, after consultation with the Administrator of the
Environmental Protection Agency, identify the 3,000 eligible
facilities in the United States that emit the most greenhouse
gases.
(2) Assessments and technical assistance.--With respect to
each facility identified in paragraph (1), the Secretary of
Energy shall offer to--
(A) carry out an assessment of such facility in
accordance with subsection (b); and
(B) provide technical assistance to such facility
to assist with developing and carrying out a plan, in
accordance with subsection (c), to implement
recommendations provided by the assessment carried out
under subparagraph (A).
(b) Assessments.--
(1) Requirements.--Assessments carried out under subsection
(a)(2)(A) shall--
(A) analyze the energy use and costs of the
facility; and
(B) provide recommendations to--
(i) maximize the energy efficiency of
industrial processes and cross-cutting systems
at the facility;
(ii) reduce greenhouse gas emissions of the
facility;
(iii) improve the efficient use of water in
manufacturing or industrial processes at the
facility;
(iv) prevent air and water pollution and
minimize waste from the facility; and
(v) reduce energy and water use, and
greenhouse gas emissions, of the facility,
including by making--
(I) motor system improvements,
including to fan, pump, compressed air,
and other motor-driven equipment;
(II) steam system improvements;
(III) heating, ventilating, and
air-conditioning system improvements;
(IV) lighting system improvements;
(V) process equipment or
operational improvements; or
(VI) water system improvements.
(2) Assessment teams.--The assessments carried out under
subsection (a)(2)(A) shall be conducted by teams of experts
made up of--
(A) staff of the Department of Energy;
(B) experts from the National Laboratories;
(C) experts from the Manufacturing USA Program
established under section 34 of the National Institute
of Standards and Technology Act (15 U.S.C. 278s);
(D) faculty and staff from the Industrial
Assessment Centers; and
(E) other certified energy experts contracted by
the Department of Energy.
(c) Implementation Plans.--
(1) Requirements.--Implementation plans developed pursuant
to subsection (a)(2)(B) shall, with respect to the
recommendations included in the assessment--
(A) include information on any assistance or
training needs necessary to implement such
recommendations;
(B) include information on any new or upgraded
equipment necessary to implement such recommendations;
(C) include information on research and development
activities that would assist with implementing such
recommendations;
(D) identify local partners that can be leveraged
to implement such recommendations;
(E) identify steps needed to implement a strategic
energy management program at the facility; and
(F) identify Federal, State, and utility assistance
programs that may be used to implement such
recommendations.
(2) Coordination.--In providing technical assistance to
carry out an implementation plan under this section, the
Secretary of Energy shall coordinate, as appropriate, with--
(A) relevant Federal agencies; and
(B) private and public sector entities, including
State energy offices, utility regulatory agencies,
Indian Tribes, economic development authorities, and
utilities.
(d) Limitations.--The Secretary of Energy may not, with respect to
a facility identified under subsection (a)(1), expend more than
$500,000 in carrying out an assessment and providing technical
assistance to such facility under this section.
(e) Reporting.--
(1) In general.--The Secretary of Energy shall submit to
Congress a report on the assessments carried out and the
technical assistance provided under this section by not later
than one year after the date of enactment of this Act, and
every two years thereafter.
(2) Inclusion.--The report submitted under paragraph (1)
shall include information on--
(A) the number of facilities assessed under this
section;
(B) the total number of recommendations provided
pursuant to this section and the expected effect of
such recommendations, if implemented, on energy and
water use and greenhouse gas emissions of such
facilities;
(C) the amount of any reductions in energy use of
such facilities achieved by implementing such
recommendations;
(D) the amount of any reductions in greenhouse gas
emissions of such facilities achieved by implementing
such recommendations;
(E) the amount of any reductions in water use of
such facilities achieved by implementing such
recommendations; and
(F) the amount of any reductions in costs to such
facilities achieved by implementing such
recommendations.
(3) Confidential information.--The Secretary of Energy may
not include any confidential information relating to such
facilities in any report under this subsection.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000,000 for fiscal years
2022 through 2026, to remain available until expended.
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