[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4566 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4566
To amend the Energy Independence and Security Act of 2007 to establish
a regional clean energy innovation program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2022
Ms. Cortez Masto (for herself and Mr. Lujan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Energy Independence and Security Act of 2007 to establish
a regional clean energy innovation 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 ``Regional Clean Energy Innovation Act
of 2022''.
SEC. 2. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
(a) In General.--Subtitle C of title IX of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17371 et seq.) is amended by adding
at the end the following:
``SEC. 936. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means any
of the following:
``(A) An institution of higher education or a
consortium of institutions of higher education.
``(B) A workforce training provider, including a
vocational school and community college.
``(C) A private sector entity or group of private
sector entities, including a trade or industry
association.
``(D) A nonprofit organization.
``(E) A community group.
``(F) A labor group.
``(G) A National Laboratory.
``(H) A venture development organization.
``(I) A community development financial
institution.
``(J) A minority depository institution.
``(K) A worker cooperative membership association.
``(L) A State or local employee ownership or
cooperative development center.
``(M) An organization focused on clean energy
technology innovation or entrepreneurship.
``(N) A business accelerator or incubator.
``(O) An economic development organization.
``(P) A manufacturing facility or organization.
``(Q) A clean energy incubator or clean energy
accelerator.
``(R) A multi-institutional collaboration of at
least 3 institutions.
``(S) Any other entity that the Secretary
determines to be relevant.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a partnership of not less than 2 covered
entities; and
``(B) a regional clean energy innovation
partnership in existence as of the date of enactment of
the Regional Clean Energy Innovation Act of 2022.
``(3) Program.--The term `program' means the Regional Clean
Energy Innovation Program established under subsection (b).
``(4) Regional clean energy innovation partnership.--The
term `regional clean energy innovation partnership' means a
partnership--
``(A) among--
``(i) a government entity, including a unit
of State, local, or Tribal government; and
``(ii) not less than 2 covered entities;
and
``(B) that carries out or coordinates activities or
programs that further the purposes of the program
described in subsection (c), including the activities
described in subsection (f).
``(b) Establishment.--The Secretary shall establish a research,
development, demonstration, and commercial application program, to be
known as the `Regional Clean Energy Innovation Program', to enhance the
economic, environmental, and energy security of the United States and
accelerate the pace of innovation of diverse clean energy technologies
through the formation of new, or support of existing, regional clean
energy innovation partnerships that--
``(1) account for the diverse domestic energy resources
available in the United States;
``(2) are responsive to the needs of industry, workforce,
policy landscape, and clean energy innovation capabilities of
the region served by a regional clean energy innovation
partnership;
``(3) enhance and accelerate clean energy innovation;
``(4) are located in diverse geographic regions of the
United States, including United States territories; and
``(5) maximize the opportunities for cooperation between
institutions of higher education, industry, State and local
governments, and nonprofit research institutions with shared
areas of energy expertise.
``(c) Purposes.--The purposes of the program are--
``(1) to improve the competitiveness of the United States
in clean energy technology research, development,
demonstration, and commercial application; and
``(2) to support the development of clean energy tools and
technologies best suited for use in diverse regions of the
United States, including in rural, tribal, and low-income
communities.
``(d) Grants.--
``(1) In general.--Under the program, the Secretary shall
competitively award grants to--
``(A) eligible entities described in subsection
(a)(2)(A) to establish new regional clean energy
innovation partnerships; and
``(B) eligible entities described in subsection
(a)(2)(B) to support ongoing activities of those
eligible entities, in accordance with the requirements
of the program.
``(2) Grant amount.--The amount of a grant awarded to an
eligible entity under the program in a calendar year--
``(A) shall not exceed $10,000,000; and
``(B) shall be, subject to a waiver by the
Secretary, less than the amount of a grant awarded to
the eligible entity under the program the previous
calendar year, if applicable.
``(3) Administrative costs.--The Secretary may allow an
eligible entity awarded a grant under the program to allocate a
portion of the grant funds for administrative or indirect
costs.
``(4) Non-federal cost share.--In the case of a grant
awarded under the program that has a term of 3 or more years,
the Secretary shall require, as a condition of receipt of the
grant funds, that the non-Federal share of the cost of
activities carried out using the grant funds shall be not less
than 50 percent of the cost of the activities during the third,
fourth, and fifth year of the grant, as applicable.
``(5) Duration.--
``(A) In general.--The term of a grant awarded
under the program shall not exceed 5 years.
``(B) Renewal.--A grant awarded to an eligible
entity under the program may be renewed for a period of
not more than 5 years, subject to a rigorous merit
review based on the progress of the regional clean
energy innovation partnership in achieving the purposes
of the program described in subsection (c) and the
metrics developed under subsection (h)(2).
``(6) Termination.--The Secretary may terminate grant
funding under the program to an eligible entity during the
performance period if the Secretary determines that the
applicable regional clean energy innovation partnership is
underperforming.
``(e) Applications.--
``(1) In general.--An eligible entity shall submit to the
Secretary an application to receive a grant under the program
at such time, in such manner, and containing such information
as the Secretary may require, including--
``(A) a list of members of the proposed or existing
regional clean energy innovation partnership, the roles
of those members, and any other relevant stakeholders;
``(B) a description of--
``(i) the geographical region served, or to
be served, by the regional clean energy
innovation partnership;
``(ii)(I) the activities that the proposed
or existing regional clean energy innovation
partnership intends to undertake; and
``(II) the manner in which those activities
will achieve the purposes of the program
described in subsection (c) and the proposed
outcomes described in clause (iii); and
``(iii) the proposed outcomes of the
regional clean energy innovation partnership;
``(C) an assessment of--
``(i) the relevant clean energy innovation
assets needed in the geographical region
identified under subparagraph (B)(i) to achieve
the proposed outcomes described in subparagraph
(B)(iii), such as education and training
programs, research facilities, infrastructure
or site development, access to capital,
manufacturing capabilities, or other assets;
and
``(ii) the clean energy resource potential
of that geographical region;
``(D) a plan for attracting additional funds,
including identification of non-Federal funding
sources, to deliver the proposed outcomes described in
subparagraph (B)(iii);
``(E) a plan for partnering and collaborating with
community development financial institutions, minority
depository institutions, labor and community groups,
worker cooperative membership associations, local and
State employee ownership and cooperative development
centers, and other local institutions--
``(i) to promote employee, community, and
public ownership in the clean energy sector;
and
``(ii) to advance models of local economic
development that build and retain wealth in the
region;
``(F) a plan for sustaining the activities of the
regional clean energy innovation partnership after
funds received under the program have been expended;
and
``(G) a proposed budget, including financial
contributions from non-Federal sources.
``(2) Selection considerations.--In awarding grants under
the program, the Secretary shall, to the maximum extent
practicable--
``(A) give special consideration to applications
from eligible entities located in rural, tribal, and
low-income communities; and
``(B) ensure geographic diversity among the
eligible entities awarded grants.
``(f) Permissible Activities.--Activities that may be carried out
by a regional clean energy innovation partnership established or
supported using a grant awarded under the program shall include--
``(1) facilitating the commercial application of clean
energy products, processes, and services, including through
research, development, demonstration, or technology transfer;
``(2) improving strategic and cost-effective coordination
among the partners of the regional clean energy innovation
partnership;
``(3) improving stakeholder involvement in developing the
goals and activities of the regional clean energy innovation
partnership;
``(4) assessing different incentive mechanisms for clean
energy development and commercial application in the region
served by the regional clean energy innovation partnership;
``(5) hosting events and conferences;
``(6) establishing and updating roadmaps to measure
progress on relevant goals, including goals relevant to metrics
developed under subsection (h)(2); and
``(7) any other activity determined appropriate by the
Secretary to achieve the purposes of the program described in
subsection (c).
``(g) Planning Awards.--The Secretary may competitively award
grants to a covered entity or a government entity, including a State,
local, or tribal government, or unit of such government, in an amount
not greater than $2,000,000, for a term of not more than 2 years, to
conduct planning for the purpose of establishing a regional clean
energy innovation partnership.
``(h) Administration.--
``(1) Best practices.--As part of the program, the
Secretary shall support the gathering, analysis, and
dissemination of information on best practices for developing
and operating successful regional clean energy innovation
partnerships.
``(2) Metrics.--The Secretary shall collaborate with
program evaluation experts to develop and make publicly
available metrics by which to measure the progress of a
regional clean energy innovation partnership in achieving the
purposes of the program described in subsection (c), including,
as a result of activities carried out under the regional clean
energy innovation partnership--
``(A) the number and quality of--
``(i) new clean energy companies created in
the region, including clean energy companies
created or preserved through employee ownership
and cooperative development;
``(ii) new or expanded workforce
development or training programs in the region;
and
``(iii) support services provided to clean
energy technology developers in the region;
``(B) changes in clean energy employment in the
region;
``(C) the amount of capital investment in clean
energy companies in the region; and
``(D) the completion of new or updated clean energy
resource assessments in the region.
``(3) Coordination.--In carrying out the program, the
Secretary shall coordinate with, and avoid unnecessary
duplication of--
``(A) activities under other research entities of
the Department, including the National Laboratories,
the Office of Science, the Advanced Research Projects
Agency--Energy, the Office of Technology Transitions,
Energy Innovation Hubs, and Energy Frontier Research
Centers; and
``(B) relevant programs at other Federal agencies,
including--
``(i) programs under the Office of
Innovation and Entrepreneurship of the Economic
Development Administration;
``(ii) the regional innovation program
established under section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15
U.S.C. 3722);
``(iii) the Hollings Manufacturing
Extension Partnership established under section
25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k);
``(iv) the Manufacturing USA Program
established under section 34 of the National
Institute of Standards and Technology Act (15
U.S.C. 278s);
``(v) the Defense Manufacturing Community
Support Program established under section 846
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10
U.S.C. 2501 note; Public Law 115-232);
``(vi) the Office of Economic Adjustment of
the Department of Defense;
``(vii) programs under the rural
development mission area of the Department of
Agriculture; and
``(viii) programs under the energy and
mineral resources mission area of the
Department of the Interior.
``(4) Conflicts of interest.--In carrying out the program,
the Secretary shall maintain conflict of interest procedures
consistent with the conflict of interest procedures of the
Department.
``(i) Reports and Plan.--
``(1) Annual report.--As part of the annual budget of the
Department submitted to Congress for a fiscal year, the
Secretary shall annually submit to Congress a report that
describes the activities carried out by each regional clean
energy innovation partnership established or supported using
grants awarded under the program during the fiscal year covered
by the report.
``(2) Strategic plan.--Not later than 1 year after the date
of enactment of the Regional Clean Energy Innovation Act of
2022, and not less frequently than once every 5 years
thereafter, the Secretary shall submit to Congress a 5-year
strategic plan describing how the Secretary shall utilize
regional clean energy innovation partnerships to deploy clean
energy technologies.
``(3) Evaluation by comptroller general.--Not later than 3
years after the date of enactment of the Regional Clean Energy
Innovation Act of 2022, and every 3 years thereafter, the
Comptroller General of the United States shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an evaluation of the operation of the
program during the most recent 3-year period, including--
``(A) an assessment of the progress made in
achieving the purposes described in subsection (c)
based on the metrics developed under subsection (h)(2);
``(B) the short-term and long-term metrics used to
determine the success of the program under subsection
(h)(2), and any recommended changes to those metrics;
``(C) the regional clean energy innovation
partnerships established or supported by grants
received under the program; and
``(D) any recommendations for improvement to the
program.
``(j) Security.--In carrying out this section, the Secretary shall
ensure that proper security controls are in place to protect sensitive
information, as appropriate.
``(k) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2022 through 2026.
``(2) Additional funding.--The Secretary may accept funds
from other Federal agencies to support funding and activities
under the program.
``(3) No funds for construction.--None of the funds made
available to carry out the program may be used for
construction.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Energy Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1497) is amended by adding at the end of the items relating
to subtitle C of title IX the following:
``Sec. 936. Regional Clean Energy Innovation Program.''.
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