[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3205 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3205
To establish an advanced industrial facilities deployment program and a
State flex-tech energy program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2021
Mr. Ossoff introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish an advanced industrial facilities deployment program and a
State flex-tech energy program, 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 ``Industrial Energy-Efficient
Technology Act of 2021''.
SEC. 2. ADVANCED INDUSTRIAL FACILITIES DEPLOYMENT PROGRAM.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $4,000,000,000, to
remain available until September 30, 2026, to carry out this section.
(b) Program.--The Secretary shall use funds appropriated by
subsection (a) to establish a program to provide financial assistance,
on a competitive basis, to eligible entities to carry out projects
for--
(1) the purchase and installation, or implementation, of
advanced industrial technology at an eligible facility;
(2) retrofits, upgrades to, or operational improvements at
an eligible facility to install or implement advanced
industrial technology; or
(3) engineering studies and other work needed to prepare an
eligible facility for activities described in paragraph (1) or
(2).
(c) Application.--To be eligible to receive financial assistance
under the program established under subsection (b), 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,
including the expected greenhouse gas emissions reductions to be
achieved by carrying out the proposed project.
(d) Priority.--In providing financial assistance under the program
established under subsection (b), the Secretary shall give priority
consideration to projects on the basis of, as determined by the
Secretary--
(1) the expected greenhouse gas emissions reductions to be
achieved by the project;
(2) the extent to which the project would provide the
greatest benefit for the greatest number of people within the
area in which the eligible facility is located; and
(3) whether the eligible entity participates or would
participate in a partnership with purchasers of the output of
the eligible facility.
(e) Cost Share.--The Federal share of the cost of a project carried
out using financial assistance provided under this section shall not
exceed 50 percent.
(f) Administrative Costs.--Of amounts made available under
subsection (a), the Secretary shall reserve $200,000,000 for the
administrative costs of carrying out this section.
(g) Definitions.--In this section:
(1) Advanced industrial technology.--The term ``advanced
industrial technology'' means technology or processes designed
to accelerate greenhouse gas emissions reduction progress to
net-zero at an eligible facility, as determined by the
Secretary, including--
(A) industrial energy efficiency technologies;
(B) equipment to electrify industrial processes;
(C) equipment to utilize low- or zero-carbon fuels,
feedstocks, and energy sources;
(D) low- or zero-carbon process heat systems; and
(E) carbon capture, transport, utilization, and
storage systems.
(2) Eligible entity.--The term ``eligible entity'' means
the owner or operator of an eligible facility.
(3) Eligible facility.--The term ``eligible facility''
means a domestic, non-Federal, nonpower industrial or
manufacturing facility engaged in energy-intensive industrial
processes, including production processes for iron, steel,
steel mill products, aluminum, cement, concrete, glass, pulp,
paper, and industrial ceramics.
(4) Financial assistance.--The term ``financial
assistance'' means a grant, rebate, direct loan, or cooperative
agreement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. STATE FLEX-TECH ENERGY PROGRAM.
(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. FLEX-TECH ENERGY PROGRAM TO ENHANCE MANUFACTURING
COMPETITIVENESS.
``(a) Financial Assistance.--Upon request from the State energy
agency of a State that has an approved State energy conservation plan
in effect under this part, or an Indian Tribe, the Secretary shall
provide financial assistance to the State energy agency or Indian Tribe
to be used for the development, implementation, improvement, or
expansion of a flex-tech energy program described in subsection (b)
(referred to in this section as a `flex-tech energy program') to
enhance manufacturing competitiveness.
``(b) Flex-Tech Energy Program.--
``(1) In general.--A flex-tech energy program shall
include--
``(A) provision of technical and administrative
assistance to manufacturers through qualified
engineering firms, as determined by the State energy
agency or Indian Tribe;
``(B) provision of financial assistance to
manufacturers for--
``(i) energy studies of manufacturing
facilities that are conducted by qualified
engineering firms, as determined by the State
energy agency or Indian Tribe; and
``(ii) the implementation of measures and
recommendations identified in energy studies
conducted under clause (i), including the
design, acquisition, installation, testing,
operation, maintenance, and repair of energy-
and water-using systems, resiliency-related
measures, emissions reduction-related measures,
utility cost savings measures, and measures
related to advanced manufacturing technologies
and artificial intelligence; and
``(C) reporting on the monitoring, tracking, and
success metrics of the flex-tech energy program.
``(2) Studies.--An energy study of a manufacturing facility
conducted pursuant to paragraph (1)(B)(i) may include--
``(A) an evaluation of the energy-using systems of
the facility, including an evaluation of the
performance of energy-using systems relative to design
intent, operational needs of the facility and occupants
of the facility, and operation and maintenance
procedures;
``(B) an evaluation of emissions related to the
facility, including greenhouse gas emissions, and
recommendations on sustainability planning and
practices;
``(C) an evaluation of potential energy efficiency,
water efficiency, greenhouse gas emissions mitigation,
and load reduction measures for the facility;
``(D) an evaluation of potential on-site energy
measures, including grid-interactive efficiency
systems, combined heat and power, efficient compressed
air systems, energy storage, energy management systems,
renewable thermal systems, and electrification or other
forms of fuel switching;
``(E) recommendations on the use of new
technologies at the facility; and
``(F) detailed estimates of potential
implementation costs, operating cost savings, energy
savings, emissions reductions, and simple payback
periods for measures and recommendations identified as
part of the energy study.
``(3) Use of funds.--
``(A) In general.--Of the amount of financial
assistance received pursuant to this section for a
fiscal year, a State energy agency or Indian Tribe
shall use--
``(i) not more than 50 percent for energy
studies;
``(ii) not more than 50 percent to support
the implementation of recommendations from
those energy studies; and
``(iii) not more than 10 percent for
administrative expenses, including outreach and
technical assistance.
``(B) Individual manufacturing facility.--A State
energy agency that receives financial assistance
pursuant to this section for a fiscal year may not use
more than 5 percent of that financial assistance with
respect to a single manufacturing facility.
``(C) Financing.--To the extent practicable, a
State energy agency or Indian Tribe shall implement a
flex-tech energy program using funding provided under
this Act, public financing, private financing, and any
other sources of funds.
``(4) Determination of qualified engineering firms.--A
State energy agency or Indian Tribe administering a flex-tech
energy program shall maintain and regularly update a publicly
available list of qualified engineering firms that are approved
by the State energy agency or Indian Tribe, as applicable, to
provide assistance to manufacturers pursuant to this section.
``(c) Technical Assistance.--
``(1) In general.--On request of a State energy agency or
Indian Tribe, the Secretary shall provide information and
technical assistance in the development, implementation,
improvement, or expansion of a flex-tech energy program.
``(2) Inclusions.--Technical assistance provided pursuant
to paragraph (1) may include, with respect to manufacturers
that employ fewer than 500 full-time equivalent employees at a
manufacturing facility, program design options--
``(A) to meet the needs of such manufacturers; and
``(B) to encourage the use of advanced
manufacturing processes by such manufacturers,
including use of additive manufacturing, advanced
sensors and controls, techniques to reduce embedded
emissions, and advanced composite materials.
``(d) Funding.--
``(1) Allocation.--Except as provided in paragraph (2), to
the extent practicable, the Secretary shall allocate funding
made available to carry out this section for each fiscal year
in accordance with the formula used for distribution of Federal
financial assistance provided pursuant to this part to States
that have in effect an approved State energy conservation plan
under this part.
``(2) Indian tribes.--The Secretary shall set aside and
distribute not less than 5 percent of amounts made available
for each fiscal year to carry out this section to provide
financial assistance--
``(A) to Indian Tribes; or
``(B) directly to manufacturers located in Indian
Country or, in the case of Alaska, an Alaska Native
Village Statistical Area, as identified by the Bureau
of the Census.
``(3) Supplement.--Financial assistance provided to a State
energy agency or Indian Tribe pursuant to this section shall be
used to supplement, not supplant, any Federal, State, or other
funds otherwise made available to that State energy agency or
Indian Tribe under this part.
``(e) Definitions.--In this section:
``(1) Indian country.--The term `Indian Country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(2) 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).
``(3) State energy agency.--The term `State energy agency'
has the meaning given the term in section 391.''.
(b) Authorization of Appropriations.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
(1) by striking ``(f) For the purpose'' and inserting the
following:
``(f) Authorization of Appropriations.--
``(1) In general.--For the purpose'';
(2) in paragraph (1) (as so designated), by striking ``2007
through 2012'' and inserting ``2022 through 2026''; and
(3) by adding at the end the following:
``(2) Flex-tech energy program.--In addition to the amounts
authorized to be appropriated under paragraph (1), for the
purposes of carrying out section 367, there are authorized to
be appropriated $100,000,000 for each of fiscal years 2022
through 2026.''.
(c) Conforming Amendment.--The table of contents for the Energy
Policy and Conservation Act is amended by adding after the item related
to section 366 the following:
``Sec. 367. Flex-tech energy program to enhance manufacturing
competitiveness.''.
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