[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8769 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8769
To provide financial assistance to States and Indian Tribes for the
development, implementation, improvement, or expansion of a flex-tech
energy program to enhance manufacturing competitiveness, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2024
Mr. Tonko introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide financial assistance to States and Indian Tribes for the
development, implementation, improvement, or expansion of a flex-tech
energy program to enhance manufacturing competitiveness, 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 ``State Industrial Competitiveness Act
of 2024''.
SEC. 2. 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 in effect an approved State energy
conservation plan under this part, or an Indian Tribe, the Secretary
shall provide financial assistance to such 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) to enhance manufacturing competitiveness.
``(b) Flex-Tech Energy Program Elements.--
``(1) In general.--A flex-tech energy program may 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--
``(i) for energy studies of manufacturing
facilities that are conducted by qualified
engineering firms; and
``(ii) to support the implementation of the
measures and recommendations identified in
energy studies conducted pursuant to 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 monitoring, tracking, and
success metrics of the program.
``(2) Studies.--An energy study of a manufacturing facility
conducted pursuant to paragraph (1)(B) may include--
``(A) an evaluation of the energy-using systems of
the facility, including evaluation of the performance
of such systems relative to design intent, operational
needs of the facility and its occupants, 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, industrial heat
pumps, 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 by the applicable manufacturer; and
``(F) detailed estimates of potential
implementation costs, operating cost savings, energy
savings, emissions reductions, and simple payback
periods, for measures and recommendations identified in
such study.
``(3) 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 to provide assistance to
manufacturers pursuant to this section.
``(c) 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 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 U.S.
Census Bureau, for energy studies and implementation of
the measures and recommendations identified in such
energy studies, as described in subsection (b)(1)(B).
``(3) Use of funds.--
``(A) Energy studies; administrative expenses.--A
State energy agency or Indian Tribe that receives
financial assistance pursuant to this section for a
fiscal year may not--
``(i) use more than 50 percent of such
financial assistance for energy studies;
``(ii) use more than 50 percent of such
financial assistance to support the
implementation of recommendations from such
energy studies; and
``(iii) use more than 10 percent of such
financial assistance for administrative
expenses, including for 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 the greater of $100,000 or 5 percent of such
financial assistance with respect to an individual
manufacturing facility.
``(4) 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 such State under this part.
``(5) Financing.--To the extent practicable, a State energy
agency or Indian Tribe shall implement a flex-tech energy
program described in subsection (b) using funding provided
under this Act, public financing, private financing, or any
other sources of funds.
``(d) Technical Assistance.--
``(1) In general.--Upon 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
described in subsection (b).
``(2) Inclusions.--Technical assistance provided pursuant
to paragraph (1) may include program design options to, with
respect to manufacturers that employ fewer than 500 full-time
equivalent employees at a manufacturing facility--
``(A) meet the needs of such manufacturers; and
``(B) 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.
``(e) Definitions.--In this section:
``(1) Indian country.--The term `Indian Country' means--
``(A) all land within the limits of any Indian
reservation under the jurisdiction of the United States
Government, notwithstanding the issuance of any patent,
and, including rights-of-way running through the
reservation;
``(B) all dependent Indian communities within the
borders of the United States whether within the
original or subsequently acquired territory thereof,
and whether within or without the limits of a State;
and
``(C) all Indian allotments, the Indian titles to
which have not been extinguished, including rights-of-
way running through the same.
``(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 such term in section 391(10).''.
(b) 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.''.
(c) Authorization of Appropriations.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by adding at
the end the following:
``(3) Flex-tech energy program.--In addition to the
authorization of appropriations 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 2025
through 2029.''.
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