[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3987 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3987
To require the Secretary of Energy to provide grants and loan
guarantees for commercial-scale implementation of transformative
industrial technologies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2022
Mr. Heinrich (for himself and Mr. Casey) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to provide grants and loan
guarantees for commercial-scale implementation of transformative
industrial technologies, 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 ``First Three Act of 2022''.
SEC. 2. COMMERCIAL-SCALE IMPLEMENTATION OF TRANSFORMATIVE INDUSTRIAL
TECHNOLOGIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
any of the following entities:
(A) An owner of an industrial plant at which an
eligible technology would be implemented.
(B)(i) A provider that--
(I) manufactures an eligible technology; or
(II) implements or integrates an eligible
technology at an industrial plant; or
(ii) any other entity involved in the
implementation of eligible technology at an industrial
plant.
(C) A consortium or partnership of 1 or more
entities described in subparagraphs (A) and (B).
(2) Eligible project.--The term ``eligible project'' means
the implementation of an eligible technology at an industrial
plant in a State.
(3) Eligible project costs.--The term ``eligible project
costs'' means any capital, installation, engineering,
construction, and permitting costs related to carrying out an
eligible project.
(4) Eligible technology.--The term ``eligible technology''
means any technology that, as determined by the Secretary--
(A) is an innovative technology (as described in
section 454(b)(1) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17113(b)(1)));
(B) is demonstrated to be technically viable at
pilot scale and ready for commercial-scale
implementation;
(C) is able to significantly reduce the energy use
or greenhouse gas emissions of the process with respect
to which the eligible technology is implemented,
relative to the technology available on the date of
enactment of this Act; and
(D) has the potential to significantly reduce
annual United States industrial energy use or
greenhouse gas emissions, relative to the United States
industrial energy use or greenhouse gas emissions in
calendar year 2021, if the eligible technology is
widely implemented at the appropriate industrial plants
in the United States.
(5) Program.--The term ``program'' means the program
established under subsection (b).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) any territory or possession of the United
States.
(b) Establishment.--Subject to the availability of appropriations,
the Secretary shall establish a program under which the Secretary shall
provide grants and loan guarantees to eligible entities to carry out
eligible projects.
(c) Applications.--
(1) In general.--To apply for a grant or loan guarantee
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) Selection.--In evaluating applications submitted under
paragraph (1), the Secretary shall select applications that
will result in the greatest--
(A) improvement to the competitiveness of United
States industry in global markets;
(B) reduction in energy use; or
(C) reduction in greenhouse gas emissions.
(3) Consultation.--In evaluating applications submitted
under paragraph (1), the Secretary shall solicit input from
outside technical and industry experts on the specific industry
sectors in which the eligible technologies would be
implemented.
(d) Grants and Loan Guarantees.--
(1) In general.--In carrying out the program, the
Secretary--
(A) shall provide grants or loan guarantees to
carry out not more than 3 eligible projects in each
category of eligible technology; and
(B) may provide a grant and a loan guarantee to the
same eligible entity.
(2) Grant amounts.--The amount of a grant that may be
provided under the program to carry out an eligible project in
each category of eligible technology shall be not more than the
following:
(A) 60 percent of the total eligible project costs
for the first eligible project awarded a grant in that
category.
(B) 45 percent of the total eligible project costs
for the second eligible project awarded a grant in that
category.
(C) 30 percent of the total eligible project costs
for the third eligible project awarded a grant in that
category.
(3) Loan guarantee amounts.--
(A) In general.--The Secretary may not provide a
loan guarantee under the program for an amount that is
greater than 80 percent of the eligible project costs.
(B) Grant and loan guarantee.--If an eligible
entity is provided a grant and a loan guarantee under
the program, the loan guarantee may not exceed the
amount that is equal to 80 percent of the amount that
is equal to the difference between--
(i) the eligible project cost; and
(ii) the amount of the grant.
(4) Project milestones.--The Secretary shall--
(A) work with each grant or loan guarantee
recipient under the program to develop project
milestones; and
(B) issue the grant amount or loan guarantee, as
applicable, after that recipient has demonstrated that
the eligible project has reached those project
milestones.
(e) Monitoring and Reporting.--
(1) In general.--The Secretary shall annually submit to
Congress a report describing the eligible projects that were
carried out using grants and loan guarantees provided under the
program.
(2) Proprietary and competitive information.--The Secretary
shall exclude from each report submitted under paragraph (1)
any proprietary or competitive information relating to the
eligible entities that were provided a grant or loan guarantee,
or eligible technologies that were implemented, under the
program.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section, to remain
available until expended--
(1) $500,000,000 for fiscal year 2022; and
(2) $1,000,000,000 for each of fiscal years 2023 through
2031.
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