CHAPTER 162 —ENERGY INFRASTRUCTURE
SUBCHAPTER I—GRID INFRASTRUCTURE AND RESILIENCY
Part A—Grid Infrastructure Resilience and Reliability
Part A–1—Electric Transmission
Part B—Cybersecurity
SUBCHAPTER II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
SUBCHAPTER III—FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Part A—Nuclear Energy Infrastructure
Part B—Miscellaneous
SUBCHAPTER IV—ENERGY INFORMATION ADMINISTRATION
SUBCHAPTER V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Part A—Residential and Commercial Energy Efficiency
Part A–1—Residential Efficiency and Electrification Rebates
Part B—Buildings
Part C—Smart Manufacturing
Part D—Schools and Nonprofits
Part E—Miscellaneous
SUBCHAPTER VI—WAGE RATE REQUIREMENTS
SUBCHAPTER VII—MISCELLANEOUS
§18701. Definitions
In this division:
(1) Department
The term "Department" means the Department of Energy.
(2) Indian Tribe
The term "Indian Tribe" has the meaning given the term in
(3) Secretary
The term "Secretary" means the Secretary of Energy.
(
Editorial Notes
References in Text
This division, referred to in text, is div. D of
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
SUBCHAPTER I—GRID INFRASTRUCTURE AND RESILIENCY
Part A—Grid Infrastructure Resilience and Reliability
§18711. Preventing outages and enhancing the resilience of the electric grid
(a) Definitions
In this section:
(1) Disruptive event
The term "disruptive event" means an event in which operations of the electric grid are disrupted, preventively shut off, or cannot operate safely due to extreme weather, wildfire, or a natural disaster.
(2) Eligible entity
The term "eligible entity" means—
(A) an electric grid operator;
(B) an electricity storage operator;
(C) an electricity generator;
(D) a transmission owner or operator;
(E) a distribution provider;
(F) a fuel supplier; and
(G) any other relevant entity, as determined by the Secretary.
(3) Natural disaster
The term "natural disaster" has the meaning given the term in
(4) Power line
The term "power line" includes a transmission line or a distribution line, as applicable.
(5) Program
The term "program" means the program established under subsection (b).
(b) Establishment of program
Not later than 180 days after November 15, 2021, the Secretary shall establish a program under which the Secretary shall make grants to eligible entities, States, and Indian Tribes in accordance with this section.
(c) Grants to eligible entities
(1) In general
The Secretary may make a grant under the program to an eligible entity to carry out activities that—
(A) are supplemental to existing hardening efforts of the eligible entity planned for any given year; and
(B)(i) reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire; or
(ii) increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events.
(2) Application
(A) In general
An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(B) Requirement
As a condition of receiving a grant under the program, an eligible entity shall submit to the Secretary, as part of the application of the eligible entity submitted under subparagraph (A), a report detailing past, current, and future efforts by the eligible entity to reduce the likelihood and consequences of disruptive events.
(3) Limitation
The Secretary may not award a grant to an eligible entity in an amount that is greater than the total amount that the eligible entity has spent in the previous 3 years on efforts to reduce the likelihood and consequences of disruptive events.
(4) Priority
In making grants to eligible entities under the program, the Secretary shall give priority to projects that, in the determination of the Secretary, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events.
(5) Small utilities set aside
The Secretary shall ensure that not less than 30 percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year.
(d) Grants to States and Indian Tribes
(1) In general
The Secretary, in accordance with this subsection, may make grants under the program to States and Indian Tribes, which each State or Indian Tribe may use to award grants to eligible entities.
(2) Annual application
(A) In general
For each fiscal year, to be eligible to receive a grant under this subsection, a State or Indian Tribe shall submit to the Secretary an application that includes a plan described in subparagraph (B).
(B) Plan required
A plan prepared by a State or Indian Tribe for purposes of an application described in subparagraph (A) shall—
(i) describe the criteria and methods that will be used by the State or Indian Tribe to award grants to eligible entities;
(ii) be adopted after notice and a public hearing; and
(iii) describe the proposed funding distributions and recipients of the grants to be provided by the State or Indian Tribe.
(3) Distribution of funds
(A) In general
The Secretary shall provide grants to States and Indian Tribes under this subsection based on a formula determined by the Secretary, in accordance with subparagraph (B).
(B) Requirement
The formula referred to in subparagraph (A) shall be based on the following factors:
(i) The total population of the State or Indian Tribe.
(ii)(I) The total area of the State or the land of the Indian Tribe; or
(II) the areas in the State or on the land of the Indian Tribe with a low ratio of electricity customers per mileage of power lines.
(iii) The probability of disruptive events in the State or on the land of the Indian Tribe during the previous 10 years, as determined based on the number of federally declared disasters or emergencies in the State or on the land of the Indian Tribe, as applicable, including—
(I) disasters for which Fire Management Assistance Grants are provided under
(II) major disasters declared by the President under
(III) emergencies declared by the President under
(IV) any other federally declared disaster or emergency in the State or on the land of the Indian Tribe.
(iv) The number and severity, measured by population and economic impacts, of disruptive events experienced by the State or Indian Tribe on or after January 1, 2011.
(v) The total amount, on a per capita basis, of public and private expenditures during the previous 10 years to carry out mitigation efforts to reduce the likelihood and consequences of disruptive events in the State or on the land of the Indian Tribe, with States or Indian Tribes with higher per capita expenditures receiving additional weight or consideration as compared to States or Indian Tribes with lower per capita expenditures.
(C) Annual update of data used in distribution of funds
Beginning 1 year after November 15, 2021, the Secretary shall annually update—
(i) all data relating to the factors described in subparagraph (B); and
(ii) all other data used in distributing grants to States and Indian Tribes under this subsection.
(4) Oversight
The Secretary shall ensure that each grant provided to a State or Indian Tribe under the program is allocated, pursuant to the applicable plan of the State or Indian Tribe, to eligible entities for projects within the State or on the land of the Indian Tribe.
(5) Priority
In making grants to eligible entities using funds made available to the applicable State or Indian Tribe under the program, the State or Indian Tribe shall give priority to projects that, in the determination of the State or Indian Tribe, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events.
(6) Small utilities set aside
A State or Indian Tribe receiving a grant under the program shall ensure that, of the amounts made available to eligible entities from funds made available to the State or Indian Tribe under the program, the percentage made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year is not less than the percentage of all customers in the State or Indian Tribe that are served by those eligible entities.
(7) Technical assistance and administrative expenses
Of the amounts made available to a State or Indian Tribe under the program each fiscal year, the State or Indian Tribe may use not more than 5 percent for—
(A) providing technical assistance under subsection (g)(1)(A); and
(B) administrative expenses associated with the program.
(8) Matching requirement
Each State and Indian Tribe shall be required to match 15 percent of the amount of each grant provided to the State or Indian Tribe under the program.
(e) Use of grants
(1) In general
A grant awarded to an eligible entity under the program may be used for activities, technologies, equipment, and hardening measures to reduce the likelihood and consequences of disruptive events, including—
(A) weatherization technologies and equipment;
(B) fire-resistant technologies and fire prevention systems;
(C) monitoring and control technologies;
(D) the undergrounding of electrical equipment;
(E) utility pole management;
(F) the relocation of power lines or the reconductoring of power lines with low-sag, advanced conductors;
(G) vegetation and fuel-load management;
(H) the use or construction of distributed energy resources for enhancing system adaptive capacity during disruptive events, including—
(i) microgrids; and
(ii) battery-storage subcomponents;
(I) adaptive protection technologies;
(J) advanced modeling technologies;
(K) hardening of power lines, facilities, substations, of 1 other systems; and
(L) the replacement of old overhead conductors and underground cables.
(2) Prohibitions and limitations
(A) In general
A grant awarded to an eligible entity under the program may not be used for—
(i) construction of a new—
(I) electric generating facility; or
(II) large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events; or
(ii) cybersecurity.
(B) Certain investments eligible for recovery
(i) In general
An eligible entity may not seek cost recovery for the portion of the cost of any system, technology, or equipment that is funded through a grant awarded under the program.
(ii) Savings provision
Nothing in this subparagraph prohibits an eligible entity from recovering through traditional or incentive-based ratemaking any portion of an investment in a system, technology, or equipment that is not funded by a grant awarded under the program.
(C) Application limitations
An eligible entity may not submit an application for a grant provided by the Secretary under subsection (c) and a grant provided by a State or Indian Tribe pursuant to subsection (d) during the same application cycle.
(f) Distribution of funding
Of the amounts made available to carry out the program for a fiscal year, the Secretary shall ensure that—
(1) 50 percent is used to award grants to eligible entities under subsection (c); and
(2) 50 percent is used to make grants to States and Indian Tribes under subsection (d).
(g) Technical and other assistance
(1) In general
The Secretary, States, and Indian Tribes may—
(A) provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events; and
(B) promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events.
(2) Use of funds by the Secretary
Of the amounts made available to the Secretary to carry out the program each fiscal year, the Secretary may use not more than 5 percent for—
(A) providing technical assistance under paragraph (1)(A); and
(B) administrative expenses associated with the program.
(h) Matching requirement
(1) In general
Except as provided in paragraph (2), an eligible entity that receives a grant under this section shall be required to match 100 percent of the amount of the grant.
(2) Exception for small utilities
An eligible entity that sells not more than 4,000,000 megawatt hours of electricity per year shall be required to match 1/3 of the amount of the grant.
(i) Biennial report to Congress
(1) In general
Not later than 2 years after November 15, 2021, and every 2 years thereafter through 2026, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the program.
(2) Requirements
The report under paragraph (1) shall include information and data on—
(A) the costs of the projects for which grants are awarded to eligible entities;
(B) the types of activities, technologies, equipment, and hardening measures funded by those grants; and
(C) the extent to which the ability of the power grid to withstand disruptive events has increased.
(j) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the program $5,000,000,000 for the period of fiscal years 2022 through 2026.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18712. Electric grid reliability and resilience research, development, and demonstration
(a) Definition of Federal financial assistance
In this section, the term "Federal financial assistance" has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations.
(b) Energy infrastructure Federal financial assistance program
(1) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means each of—
(i) a State;
(ii) a combination of 2 or more States;
(iii) an Indian Tribe;
(iv) a unit of local government; and
(v) a public utility commission.
(B) Program
The term "program" means the competitive Federal financial assistance program established under paragraph (2).
(2) Establishment
Not later than 180 days after November 15, 2021, the Secretary shall establish a program, to be known as the "Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency", to provide, on a competitive basis, Federal financial assistance to eligible entities to carry out the purpose described in paragraph (3).
(3) Purpose
The purpose of the program is to coordinate and collaborate with electric sector owners and operators—
(A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and
(B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis.
(4) Applications
To be eligible to receive Federal financial assistance 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, including a description of—
(A) how the Federal financial assistance would be used;
(B) the expected beneficiaries, and
(C) in the case of a proposal from an eligible entity described in paragraph (1)(A)(ii), how the proposal would improve regional energy infrastructure.
(5) Selection
The Secretary shall select eligible entities to receive Federal financial assistance under the program on a competitive basis.
(6) Cost share
(7) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection, $5,000,000,000 for the period of fiscal years 2022 through 2026.
(c) Energy improvement in rural or remote areas
(1) Definition of rural or remote area
In this subsection, the term "rural or remote area" means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants.
(2) Required activities
The Secretary shall carry out activities to improve in rural or remote areas of the United States—
(A) the resilience, safety, reliability, and availability of energy; and
(B) environmental protection from adverse impacts of energy generation.
(3) Federal financial assistance
The Secretary, in consultation with the Secretary of the Interior, may provide Federal financial assistance to rural or remote areas for the purpose of—
(A) overall cost-effectiveness of energy generation, transmission, or distribution systems;
(B) siting or upgrading transmission and distribution lines;
(C) reducing greenhouse gas emissions from energy generation by rural or remote areas;
(D) providing or modernizing electric generation facilities;
(E) developing microgrids; and
(F) increasing energy efficiency.
(4) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection, $1,000,000,000 for the period of fiscal years 2022 through 2026.
(d) Energy infrastructure resilience framework
(1) In general
The Secretary, in collaboration with the Secretary of Homeland Security, the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and interested energy infrastructure stakeholders, shall develop common analytical frameworks, tools, metrics, and data to assess the resilience, reliability, safety, and security of energy infrastructure in the United States, including by developing and storing an inventory of easily transported high-voltage recovery transformers and other required equipment.
(2) Assessment and report
(A) Assessment
The Secretary shall carry out an assessment of—
(i) with respect to the inventory of high-voltage recovery transformers, new transformers, and other equipment proposed to be developed and stored under paragraph (1)—
(I) the policies, technical specifications, and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers;
(II) the technical specifications for high-voltage recovery transformers;
(III) where inventory of high-voltage recovery transformers should be stored;
(IV) the quantity of high-voltage recovery transformers necessary for the inventory;
(V) how the stored inventory of high-voltage recovery transformers would be secured and maintained;
(VI) how the high-voltage recovery transformers may be transported;
(VII) opportunities for developing new flexible advanced transformer designs; and
(VIII) whether new Federal regulations or cost-sharing requirements are necessary to carry out the storage of high-voltage recovery transformers; and
(ii) any efforts carried out by industry as of the date of the assessment—
(I) to share transformers and equipment;
(II) to develop plans for next generation transformers; and
(III) to plan for surge and long-term manufacturing of, and long-term standardization of, transformer designs.
(B) Protection of information
Information that is provided to, generated by, or collected by the Secretary under subparagraph (A) shall be considered to be critical electric infrastructure information under
(C) Report
Not later than 180 days after November 15, 2021, the Secretary shall submit to Congress a report describing the results of the assessment carried out under subparagraph (A).
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18713. Transmission facilitation program
(a) Definitions
In this section:
(1) Capacity contract
The term "capacity contract" means a contract entered into by the Secretary and an eligible entity under subsection (e)(1)(A) for the right to the use of the transmission capacity of an eligible project.
(2) Eligible electric power transmission line
The term "eligible electric power transmission line" means an electric power transmission line that is capable of transmitting not less than—
(A) 1,000 megawatts; or
(B) in the case of a project that consists of upgrading an existing transmission line or constructing a new transmission line in an existing transmission, transportation, or telecommunications infrastructure corridor, 500 megawatts.
(3) Eligible entity
The term "eligible entity" means an entity seeking to carry out an eligible project.
(4) Eligible project
The term "eligible project" means a project (including any related facility)—
(A) to construct a new or replace an existing eligible electric power transmission line;
(B) to increase the transmission capacity of an existing eligible electric power transmission line; or
(C) to connect an isolated microgrid to an existing transmission, transportation, or telecommunications infrastructure corridor located in Alaska, Hawaii, or a territory of the United States.
(5) Fund
The term "Fund" means the Transmission Facilitation Fund established by subsection (d)(1).
(6) Program
The term "program" means the Transmission Facilitation Program established by subsection (b).
(7) Related facility
(A) In general
The term "related facility" means a facility related to an eligible project described in paragraph (4).
(B) Exclusions
The term "related facility" does not include—
(i) facilities used primarily to generate electric energy; or
(ii) facilities used in the local distribution of electric energy.
(b) Establishment
There is established a program, to be known as the "Transmission Facilitation Program", under which the Secretary shall facilitate the construction of electric power transmission lines and related facilities in accordance with subsection (e).
(c) Applications
(1) In general
To be eligible for assistance under this section, 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) Procedures
The Secretary shall establish procedures for the solicitation and review of applications from eligible entities.
(d) Funding
(1) Transmission Facilitation Fund
There is established in the Treasury a fund, to be known as the "Transmission Facilitation Fund", consisting of—
(A) all amounts received by the Secretary, including receipts, collections, and recoveries, from any source relating to expenses incurred by the Secretary in carrying out the program, including—
(i) costs recovered pursuant to paragraph (4);
(ii) amounts received as repayment of a loan issued to an eligible entity under subsection (e)(1)(B); and
(iii) amounts contributed by eligible entities for the purpose of carrying out an eligible project with respect to which the Secretary is participating with the eligible entity under subsection (e)(1)(C);
(B) all amounts borrowed from the Secretary of the Treasury by the Secretary for the program under paragraph (2); and
(C) any amounts appropriated to the Secretary for the program.
(2) Borrowing authority
The Secretary of the Treasury may, without further appropriation and without fiscal year limitation, loan to the Secretary on such terms as may be fixed by the Secretary and the Secretary of the Treasury, such sums as, in the judgment of the Secretary, are from time to time required for the purpose of carrying out the program, not to exceed, in the aggregate (including deferred interest), $2,500,000,000 in outstanding repayable balances at any 1 time.
(3) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the program, including for any administrative expenses of carrying out the program that are not recovered under paragraph (4), $10,000,000 for each of fiscal years 2022 through 2026.
(4) Cost recovery
(A) In general
Except as provided in subparagraph (B), the cost of any facilitation activities carried out by the Secretary under subsection (e)(1) shall be collected—
(i) from eligible entities receiving the benefit of the applicable facilitation activity, on a schedule to be determined by the Secretary; or
(ii) with respect to a contracted transmission capacity under subsection (e)(1)(A) through rates charged for the use of the contracted transmission capacity.
(B) Forgiveness of balances
(i) Termination or end of useful life
If, at the end of the useful life of an eligible project or the termination of a capacity contract under subsection (f)(5), there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven.
(ii) Unconstructed projects
Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven.
(C) Recovery of costs of eligible projects
The Secretary may collect the costs of any activities carried out by the Secretary with respect to an eligible project in which the Secretary participates with an eligible entity under subsection (e)(1)(C) through rates charged to customers benefitting from the new transmission capability provided by the eligible project.
(e) Facilitation of eligible projects
(1) In general
To facilitate eligible projects, the Secretary may—
(A) subject to subsections (f) and (i), enter into a capacity contract with respect to an eligible project prior to the date on which the eligible project is completed;
(B) subject to subsections (g) and (i), issue a loan to an eligible entity for the costs of carrying out an eligible project; or
(C) subject to subsections (h) and (i), participate with an eligible entity in designing, developing, constructing, operating, maintaining, or owning an eligible project.
(2) Requirement
The provision and receipt of assistance for an eligible project under paragraph (1) shall be subject to such terms and conditions as the Secretary determines to be appropriate—
(A) to ensure the success of the program; and
(B) to protect the interests of the United States.
(f) Capacity contracts
(1) Purpose
In entering into capacity contracts under subsection (e)(1)(A), the Secretary shall seek to enter into capacity contracts that will encourage other entities to enter into contracts for the transmission capacity of the eligible project.
(2) Payment
The amount paid by the Secretary to an eligible entity under a capacity contract for the right to the use of the transmission capacity of an eligible project shall be—
(A) the fair market value for the use of the transmission capacity, as determined by the Secretary, taking into account, as the Secretary determines to be necessary, the comparable value for the use of the transmission capacity of other electric power transmission lines; and
(B) on a schedule and in such divided amounts, which may be a single amount, that the Secretary determines are likely to facilitate construction of the eligible project, taking into account standard industry practice and factors specific to each applicant, including, as applicable—
(i) potential review by a State regulatory entity of the revenue requirement of an electric utility; and
(ii) the financial model of an independent transmission developer.
(3) Limitations
A capacity contract shall—
(A) be for a term of not more than 40 years; and
(B) be for not more than 50 percent of the total proposed transmission capacity of the applicable eligible project.
(4) Transmission marketing
(A) In general
If the Secretary has not terminated a capacity contract under paragraph (5) before the applicable eligible project enters into service, the Secretary may enter into 1 or more contracts with a third party to market the transmission capacity of the eligible project to which the Secretary holds rights under the capacity contract.
(B) Return
Subject to subparagraph (D), the Secretary shall seek to ensure that any contract entered into under subparagraph (A) maximizes the financial return to the Federal Government.
(C) Competitive solicitation
The Secretary shall only select third parties for contracts under this paragraph through a competitive solicitation.
(D) Requirement
The marketing of capacity pursuant to this subsection, including any marketing by a third party under subparagraph (A), shall be undertaken consistent with the requirements of the Federal Power Act (
(5) Termination
(A) In general
The Secretary shall seek to terminate a capacity contract as soon as practicable after determining that sufficient transmission capacity of the eligible project has been secured by other entities to ensure the long-term financial viability of the eligible project, including through 1 or more transfers under subparagraph (B).
(B) Transfer
On payment to the Secretary by a third party for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may transfer the rights to that transmission capacity to that third party.
(C) Relinquishment
On payment to the Secretary by the applicable eligible entity for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may relinquish the rights to that transmission capacity to the eligible entity.
(D) Requirement
A payment under subparagraph (B) or (C) shall be in an amount sufficient for the Secretary to recover any remaining costs incurred by the Secretary with respect to the quantity of transmission capacity affected by the transfer under subparagraph (B) or the relinquishment under subparagraph (C), as applicable.
(6) Other Federal capacity positions
The existence of a capacity contract does not preclude a Federal entity, including a Federal power marketing administration, from otherwise securing transmission capacity at any time from an eligible project, to the extent that the Federal entity is authorized to secure that transmission capacity.
(7) Form of financial assistance
Entering into a capacity contract under subsection (e)(1)(A) shall be considered a form of financial assistance described in section 1508.1(q)(1)(vii) of title 40, Code of Federal Regulations (as in effect on November 15, 2021).
(8) Transmission planning region consultation
Prior to entering into a capacity contract under this subsection, the Secretary shall consult with the relevant transmission planning region regarding the transmission planning region's identification of needs, and the Secretary shall minimize, to the extent possible, duplication or conflict with the transmission planning region's needs determination and selection of projects that meet such needs.
(g) Interest rate on loans
The rate of interest to be charged in connection with any loan made by the Secretary to an eligible entity under subsection (e)(1)(B) shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan.
(h) Public-private partnerships
The Secretary may participate with an eligible entity with respect to an eligible project under subsection (e)(1)(C) if the Secretary determines that the eligible project—
(1)(A) is located in an area designated as a national interest electric transmission corridor pursuant to section 216(a) of the Federal Power Act [
(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity across more than 1 State or transmission planning region;
(2) is consistent with efficient and reliable operation of the transmission grid;
(3) will be operated in conformance with prudent utility practices;
(4) will be operated in conformance with the rules of—
(A) a Transmission Organization (as defined in section 3 of the Federal Power Act (
(B) a regional reliability organization; and
(5) is not duplicative of the functions of existing transmission facilities that are the subject of ongoing siting and related permitting proceedings.
(i) Certification
Prior to taking action to facilitate an eligible project under subparagraph (A), (B), or (C) of subsection (e)(1), the Secretary shall certify that—
(1) the eligible project is in the public interest;
(2) the eligible project is unlikely to be constructed in as timely a manner or with as much transmission capacity in the absence of facilitation under this section, including with respect to an eligible project for which a Federal investment tax credit may be allowed; and
(3) it is reasonable to expect that the proceeds from the eligible project will be adequate, as applicable—
(A) to recover the cost of a capacity contract entered into under subsection (e)(1)(A);
(B) to repay a loan provided under subsection (e)(1)(B); or
(C) to repay any amounts borrowed from the Secretary of the Treasury under subsection (d)(2).
(j) Other authorities, limitations, and effects
(1) Participation
The Secretary may permit other entities to participate in the financing, construction, and ownership of eligible projects facilitated under this section.
(2) Operations and maintenance
Facilitation by the Secretary of an eligible project under this section does not create any obligation on the part of the Secretary to operate or maintain the eligible project.
(3) Federal facilities
For purposes of cost recovery under subsection (d)(4) and repayment of a loan issued under subsection (e)(1)(B), each eligible project facilitated by the Secretary under this section shall be treated as separate and distinct from—
(A) each other eligible project; and
(B) all other Federal power and transmission facilities.
(4) Effect on ancillary services authority and obligations
Nothing in this section confers on the Secretary or any Federal power marketing administration any additional authority or obligation to provide ancillary services to users of transmission facilities constructed or upgraded under this section.
(5) Effect on Western Area Power Administration projects
Nothing in this section affects—
(A) any pending project application before the Western Area Power Administration under
(B) any agreement entered into by the Western Power Administration under that section.
(6) Third-party finance
Nothing in this section precludes an eligible project facilitated under this section from being eligible as a project under
(7) Limitation on loans
An eligible project may not be the subject of both—
(A) a loan under subsection (e)(1)(B); and
(B) a Federal loan under
(8) Considerations
In evaluating eligible projects for possible facilitation under this section, the Secretary shall prioritize projects that, to the maximum extent practicable—
(A) use technology that enhances the capacity, efficiency, resiliency, or reliability of an electric power transmission system, including—
(i) reconductoring of an existing electric power transmission line with advanced conductors; and
(ii) hardware or software that enables dynamic line ratings, advanced power flow control, or grid topology optimization;
(B) will improve the resiliency and reliability of an electric power transmission system;
(C) facilitate interregional transfer capacity that supports strong and equitable economic growth; and
(D) contribute to national or subnational goals to lower electricity sector greenhouse gas emissions.
(
Editorial Notes
References in Text
The Federal Power Act, referred to in subsec. (f)(4)(D), is act June 10, 1920, ch. 285,
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Part A–1—Electric Transmission
§18715. Transmission facility financing
(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, $2,000,000,000, to remain available through September 30, 2030, to carry out this section: Provided, That the Secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after September 30, 2031.
(b) Use of funds
The Secretary shall use the amounts made available by subsection (a) to carry out a program to pay the costs of direct loans to non-Federal borrowers, subject to the limitations that apply to loan guarantees under section 50141(d) and under such terms and conditions as the Secretary determines to be appropriate, for the construction or modification of electric transmission facilities designated by the Secretary to be necessary in the national interest under
(c) Loans
A direct loan provided under this section—
(1) shall have a term that does not exceed the lesser of—
(A) 90 percent of the projected useful life, in years, of the eligible transmission facility; and
(B) 30 years;
(2) shall not exceed 80 percent of the project costs; and
(3) shall, on first issuance, be subject to the condition that the direct loan is not subordinate to other financing.
(d) Interest rates
A direct loan provided under this section shall bear interest at a rate determined by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date on which the direct loan is made.
(e) Definition of direct loan
In this section, the term "direct loan" has the meaning given the term in
(
Editorial Notes
References in Text
Section 50141(d), referred to in subsec. (b), is section 50141(d) of
Codification
Section was enacted as part of
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" means the Secretary of Energy, see section 50111 of
§18715a. Grants to facilitate the siting of interstate electricity transmission lines
(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, $760,000,000, to remain available through September 30, 2029, for making grants in accordance with this section and for administrative expenses associated with carrying out this section.
(b) Use of funds
(1) In general
The Secretary may make a grant under this section to a siting authority for, with respect to a covered transmission project, any of the following activities:
(A) Studies and analyses of the impacts of the covered transmission project.
(B) Examination of up to 3 alternate siting corridors within which the covered transmission project feasibly could be sited.
(C) Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction, or under the auspices of a Transmission Organization (as defined in
(D) Participation by the siting authority in regulatory proceedings at the Federal Energy Regulatory Commission or a State regulatory commission for determining applicable rates and cost allocation for the covered transmission project.
(E) Other measures and actions that may improve the chances of, and shorten the time required for, approval by the siting authority of the application relating to the siting or permitting of the covered transmission project, as the Secretary determines appropriate.
(2) Economic development
The Secretary may make a grant under this section to a siting authority, or other State, local, or Tribal governmental entity, for economic development activities for communities that may be affected by the construction and operation of a covered transmission project, provided that the Secretary shall not enter into any grant agreement pursuant to this section that could result in any outlays after September 30, 2031.
(c) Conditions
(1) Final decision on application
In order to receive a grant for an activity described in subsection (b)(1), the Secretary shall require a siting authority to agree, in writing, to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project not later than 2 years after the date on which such grant is provided, unless the Secretary authorizes an extension for good cause.
(2) Federal share
The Federal share of the cost of an activity described in subparagraph (C) or (D) of subsection (b)(1) shall not exceed 50 percent.
(3) Economic development
The Secretary may only disburse grant funds for economic development activities under subsection (b)(2)—
(A) to a siting authority upon approval by the siting authority of the applicable covered transmission project; and
(B) to any other State, local, or Tribal governmental entity upon commencement of construction of the applicable covered transmission project in the area under the jurisdiction of the entity.
(d) Returning funds
If a siting authority that receives a grant for an activity described in subsection (b)(1) fails to use all grant funds within 2 years of receipt, the siting authority shall return to the Secretary any such unused funds.
(e) Definitions
In this section:
(1) Covered transmission project
The term "covered transmission project" means a high-voltage interstate or offshore electricity transmission line—
(A) that is proposed to be constructed and to operate—
(i) at a minimum of 275 kilovolts of either alternating-current or direct-current electric energy by an entity; or
(ii) offshore and at a minimum of 200 kilovolts of either alternating-current or direct-current electric energy by an entity; and
(B) for which such entity has applied, or informed a siting authority of such entity's intent to apply, for regulatory approval.
(2) Siting authority
The term "siting authority" means a State, local, or Tribal governmental entity with authority to make a final determination regarding the siting, permitting, or regulatory status of a covered transmission project that is proposed to be located in an area under the jurisdiction of the entity.
(
Editorial Notes
Codification
Section was enacted as part of
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary" and "State" as used in this section, see section 50111 of
§18715b. Interregional and offshore wind electricity transmission planning, modeling, and analysis
(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, $100,000,000, to remain available through September 30, 2031, to carry out this section.
(b) Use of funds
The Secretary shall use amounts made available under subsection (a)—
(1) to pay expenses associated with convening relevant stakeholders to address the development of interregional electricity transmission and transmission of electricity that is generated by offshore wind; and
(2) to conduct planning, modeling, and analysis regarding interregional electricity transmission and transmission of electricity that is generated by offshore wind, taking into account the local, regional, and national economic, reliability, resilience, security, public policy, and environmental benefits of interregional electricity transmission and transmission of electricity that is generated by offshore wind, including planning, modeling, and analysis, as the Secretary determines appropriate, pertaining to—
(A) clean energy integration into the electric grid, including the identification of renewable energy zones;
(B) the effects of changes in weather due to climate change on the reliability and resilience of the electric grid;
(C) cost allocation methodologies that facilitate the expansion of the bulk power system;
(D) the benefits of coordination between generator interconnection processes and transmission planning processes;
(E) the effect of increased electrification on the electric grid;
(F) power flow modeling;
(G) the benefits of increased interconnections or interties between or among the Western Interconnection, the Eastern Interconnection, the Electric Reliability Council of Texas, and other interconnections, as applicable;
(H) the cooptimization of transmission and generation, including variable energy resources, energy storage, and demand-side management;
(I) the opportunities for use of nontransmission alternatives, energy storage, and grid-enhancing technologies;
(J) economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind;
(K) evaluation of existing rights-of-way and the need for additional transmission corridors; and
(L) a planned national transmission grid, which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms.
(
Editorial Notes
Codification
Section was enacted as part of
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" means the Secretary of Energy, see section 50111 of
Part B—Cybersecurity
§18721. Enhancing grid security through public-private partnerships
(a) Definitions
In this section:
(1) Bulk-power system; Electric Reliability Organization
The terms "bulk-power system" and "Electric Reliability Organization" has the meaning given the terms in
(2) Electric utility; State regulatory authority
The terms "electric utility" and "State regulatory authority" have the meanings given the terms in
(b) Program to promote and advance physical security and cybersecurity of electric utilities
(1) Establishment
The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other relevant Federal agencies, State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, shall carry out a program—
(A) to develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities;
(B) to assist with threat assessment and cybersecurity training for electric utilities;
(C) to provide technical assistance for electric utilities subject to the program;
(D) to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks;
(E) to advance, in partnership with electric utilities, the cybersecurity of third-party vendors that manufacture components of the electric grid;
(F) to increase opportunities for sharing best practices and data collection within the electric sector; and
(G) to assist, in the case of electric utilities that own defense critical electric infrastructure (as defined in
(i) to identify unprotected avenues for cyber-enabled sabotage that would have catastrophic effects to national security; and
(ii) to recommend and implement engineering protections to ensure continued operations of identified critical functions even in the face of constant cyber attacks and achieved perimeter access by sophisticated adversaries.
(2) Scope
In carrying out the program under paragraph (1), the Secretary shall—
(A) take into consideration—
(i) the different sizes of electric utilities; and
(ii) the regions that electric utilities serve;
(B) prioritize electric utilities with fewer available resources due to size or region; and
(C) to the maximum extent practicable, use and leverage—
(i) existing Department and Department of Homeland Security programs; and
(ii) existing programs of the Federal agencies determined to be appropriate under paragraph (1).
(c) Report on cybersecurity of distribution systems
Not later than 1 year after November 15, 2021, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other Federal agencies, State regulatory authorities, and industry stakeholders, shall submit to Congress a report that assesses—
(1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems, including behind-the-meter generation, storage, and load management devices, to address threats to, and vulnerabilities of, electricity distribution systems; and
(2) the implementation of the priorities, policies, procedures, and actions assessed under paragraph (1), including—
(A) an estimate of potential costs and benefits of the implementation; and
(B) an assessment of any public-private cost-sharing opportunities.
(d) Protection of information
Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system—
(1) shall be exempt from disclosure under
(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18722. Energy cyber sense program
(a) Definitions
In this section:
(1) Bulk-power system
The term "bulk-power system" has the meaning given the term in
(2) Program
The term "program" means the voluntary Energy Cyber Sense program established under subsection (b).
(b) Establishment
The Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall establish a voluntary Energy Cyber Sense program to test the cybersecurity of products and technologies intended for use in the energy sector, including in the bulk-power system.
(c) Program requirements
In carrying out subsection (b), the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall—
(1) establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the energy sector, including products relating to industrial control systems and operational technologies, such as supervisory control and data acquisition systems;
(2) for products and technologies tested under the program, establish and maintain cybersecurity vulnerability reporting processes and a related database that are integrated with Federal vulnerability coordination processes;
(3) provide technical assistance to electric utilities, product manufacturers, and other energy sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program;
(4) biennially review products and technologies tested under the program for cybersecurity vulnerabilities and provide analysis with respect to how those products and technologies respond to and mitigate cyber threats;
(5) develop guidance that is informed by analysis and testing results under the program for electric utilities and other components of the energy sector for the procurement of products and technologies;
(6) provide reasonable notice to, and solicit comments from, the public prior to establishing or revising the testing process under the program;
(7) oversee the testing of products and technologies under the program; and
(8) consider incentives to encourage the use of analysis and results of testing under the program in the design of products and technologies for use in the energy sector.
(d) Protection of information
Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any component of the energy sector, including any electric utility or the bulk-power system—
(1) shall be exempt from disclosure under
(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
(e) Federal Government liability
Nothing in this section authorizes the commencement of an action against the United States with respect to the testing of a product or technology under the program.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18723. Rural and municipal utility advanced cybersecurity grant and technical assistance program
(a) Definitions
In this section:
(1) Advanced cybersecurity technology
The term "advanced cybersecurity technology" means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of electric utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in
(2) Bulk-power system
The term "bulk-power system" has the meaning given the term in
(3) Eligible entity
The term "eligible entity" means—
(A) a rural electric cooperative;
(B) a utility owned by a political subdivision of a State, such as a municipally owned electric utility;
(C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State;
(D) a not-for-profit entity that is in a partnership with not fewer than 6 entities described in subparagraph (A), (B), or (C); and
(E) an investor-owned electric utility that sells less than 4,000,000 megawatt hours of electricity per year.
(4) Program
The term "Program" means the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program established under subsection (b).
(b) Establishment
Not later than 180 days after November 15, 2021, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and the Electricity Subsector Coordinating Council, shall establish a program, to be known as the "Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program", to provide grants and technical assistance to, and enter into cooperative agreements with, eligible entities to protect against, detect, respond to, and recover from cybersecurity threats.
(c) Objectives
The objectives of the Program shall be—
(1) to deploy advanced cybersecurity technologies for electric utility systems; and
(2) to increase the participation of eligible entities in cybersecurity threat information sharing programs.
(d) Awards
(1) In general
The Secretary—
(A) shall award grants and provide technical assistance under the Program to eligible entities on a competitive basis;
(B) shall develop criteria and a formula for awarding grants and providing technical assistance under the Program;
(C) may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection (c); and
(D) shall establish a process to ensure that all eligible entities are informed about and can become aware of opportunities to receive grants or technical assistance under the Program.
(2) Priority for grants and technical assistance
In awarding grants and providing technical assistance under the Program, the Secretary shall give priority to an eligible entity that, as determined by the Secretary—
(A) has limited cybersecurity resources;
(B) owns assets critical to the reliability of the bulk-power system; or
(C) owns defense critical electric infrastructure (as defined in
(e) Protection of information
Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system—
(1) shall be exempt from disclosure under
(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
(f) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for the period of fiscal years 2022 through 2026.
(
Editorial Notes
Amendments
2022—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18724. Enhanced grid security
(a) Definitions
In this section:
(1) Electric utility
The term "electric utility" has the meaning given the term in
(2) E-ISAC
The term "E-ISAC" means the Electricity Information Sharing and Analysis Center.
(b) Cybersecurity for the energy sector research, development, and demonstration program
(1) In general
The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as determined appropriate, other Federal agencies, the energy sector, the States, Indian Tribes, Tribal organizations, territories or freely associated states, and other stakeholders, shall develop and carry out a program—
(A) to develop advanced cybersecurity applications and technologies for the energy sector—
(i) to identify and mitigate vulnerabilities, including—
(I) dependencies on other critical infrastructure;
(II) impacts from weather and fuel supply;
(III) increased dependence on inverter-based technologies; and
(IV) vulnerabilities from unpatched hardware and software systems; and
(ii) to advance the security of field devices and third-party control systems, including—
(I) systems for generation, transmission, distribution, end use, and market functions;
(II) specific electric grid elements including advanced metering, demand response, distribution, generation, and electricity storage;
(III) forensic analysis of infected systems;
(IV) secure communications; and
(V) application of in-line edge security solutions;
(B) to leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture;
(C) to perform pilot demonstration projects with the energy sector to gain experience with new technologies;
(D) to develop workforce development curricula for energy sector-related cybersecurity; and
(E) to develop improved supply chain concepts for secure design of emerging digital components and power electronics.
(2) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $250,000,000 for the period of fiscal years 2022 through 2026.
(c) Energy sector operational support for cyberresilience program
(1) In general
The Secretary may develop and carry out a program—
(A) to enhance and periodically test—
(i) the emergency response capabilities of the Department; and
(ii) the coordination of the Department with other agencies, the National Laboratories, and private industry;
(B) to expand cooperation of the Department with the intelligence community for energy sector-related threat collection and analysis;
(C) to enhance the tools of the Department and E-ISAC for monitoring the status of the energy sector;
(D) to expand industry participation in E-ISAC; and
(E) to provide technical assistance to small electric utilities for purposes of assessing and improving cybermaturity levels and addressing gaps identified in the assessment.
(2) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026.
(d) Modeling and assessing energy infrastructure risk
(1) In general
The Secretary, in coordination with the Secretary of Homeland Security, shall develop and carry out an advanced energy security program to secure energy networks, including—
(A) electric networks;
(B) natural gas networks; and
(C) oil exploration, transmission, and delivery networks.
(2) Security and resiliency objective
The objective of the program developed under paragraph (1) is to increase the functional preservation of electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances.
(3) Eligible activities
In carrying out the program developed under paragraph (1), the Secretary may—
(A) develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired;
(B) provide modeling at the national level to predict impacts from natural or human-made events;
(C) add physical security to the cybersecurity maturity model;
(D) conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid, including providing mitigation recommendations;
(E) conduct research on hardening solutions for critical components of the electric grid;
(F) conduct research on mitigation and recovery solutions for critical components of the electric grid; and
(G) provide technical assistance to States and other entities for standards and risk analysis.
(4) Savings provision
Nothing in this section authorizes new regulatory requirements.
(5) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18725. Cybersecurity plan
(a) In general
The Secretary may require, as the Secretary determines appropriate, a recipient of any award or other funding under this division—
(1) to submit to the Secretary, prior to the issuance of the award or other funding, a cybersecurity plan that demonstrates the cybersecurity maturity of the recipient in the context of the project for which that award or other funding was provided; and
(2) establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project.
(b) Contents of cybersecurity plan
A cybersecurity plan described in subsection (a) shall, at a minimum, describe how the recipient described in that subsection—
(1) plans to maintain cybersecurity between networks, systems, devices, applications, or components—
(A) within the proposed solution of the project; and
(B) at the necessary external interfaces at the proposed solution boundaries;
(2) will perform ongoing evaluation of cybersecurity risks to address issues as the issues arise throughout the life of the proposed solution;
(3) will report known or suspected network or system compromises of the project to the Secretary; and
(4) will leverage applicable cybersecurity programs of the Department, including cyber vulnerability testing and security engineering evaluations.
(c) Additional guidance
Each recipient described in subsection (a) should—
(1) maximize the use of open guidance and standards, including, wherever possible—
(A) the Cybersecurity Capability Maturity Model of the Department (or a successor model); and
(B) the Framework for Improving Critical Infrastructure Cybersecurity of the National Institute of Standards and Technology; and
(2) document—
(A) any deviation from open standards; and
(B) the utilization of proprietary standards where the recipient determines that such deviation necessary.
(d) Coordination
The Office of Cybersecurity, Energy Security, and Emergency Response of the Department shall review each cybersecurity plan submitted under subsection (a) to ensure integration with Department research, development, and demonstration programs.
(e) Protection of information
Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system—
(1) shall be exempt from disclosure under
(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
(
Editorial Notes
References in Text
This division, referred to in subsec. (a), is div. D of
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18726. Savings provision
Nothing in this part affects the authority, existing on the day before November 15, 2021, of any other Federal department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency in title XXII of the Homeland Security Act of 2002 (
(
Editorial Notes
References in Text
The Homeland Security Act of 2002, referred to in text, is
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
SUBCHAPTER II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
§18741. Battery processing and manufacturing
(a) Definitions
In this section:
(1) Advanced battery
The term "advanced battery" means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid.
(2) Advanced battery component
(A) In general
The term "advanced battery component" means a component of an advanced battery.
(B) Inclusions
The term "advanced battery component" includes materials, enhancements, enclosures, anodes, cathodes, electrolytes, cells, and other associated technologies that comprise an advanced battery.
(3) Battery material
The term "battery material" means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component.
(4) Eligible entity
The term "eligible entity" means an entity described in any of paragraphs (1) through (5) of
(5) Foreign entity of concern
The term "foreign entity of concern" means a foreign entity that is—
(A) designated as a foreign terrorist organization by the Secretary of State under
(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the "SDN list");
(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) 1 of title 10);
(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—
(i)
(ii)
(iii)
(iv) the Arms Export Control Act (
(v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (
(vi) the Export Control Reform Act of 2018 (
(vii) the International Emergency Economic Powers Act (
(E) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.
(6) Manufacturing
The term "manufacturing", with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively.
(7) Processing
The term "processing", with respect to battery material, means the refining of materials, including the treating, baking, and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing.
(8) Recycling
The term "recycling" means the recovery of materials from advanced batteries to be reused in similar applications, including the extracting, processing, and recoating of battery materials and advanced battery components.
(b) Battery material processing grants
(1) In general
Not later than 180 days after November 15, 2021, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the "Battery Material Processing Grant Program" (referred to in this subsection as the "program"), under which the Secretary shall award grants in accordance with this subsection.
(2) Purposes
The purposes of the program are—
(A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain;
(B) to expand the capabilities of the United States in advanced battery manufacturing;
(C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and
(D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries.
(3) Grants
(A) In general
Under the program, the Secretary shall award grants to eligible entities—
(i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials;
(ii) to construct 1 or more new commercial-scale battery material processing facilities in the United States; and
(iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary.
(B) Amount limitation
The amount of a grant awarded under the program shall be not less than—
(i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii).
(C) Priority; consideration
In awarding grants to eligible entities under the program, the Secretary shall—
(i) give priority to an eligible entity that—
(I) is located and operates in the United States;
(II) is owned by a United States entity;
(III) deploys North American-owned intellectual property and content;
(IV) represents consortia or industry partnerships; and
(V) will not use battery material supplied by or originating from a foreign entity of concern; and
(ii) take into consideration whether a project—
(I) provides workforce opportunities in low- and moderate-income communities;
(II) encourages partnership with universities and laboratories to spur innovation and drive down costs;
(III) partners with Indian Tribes; and
(IV) takes into account—
(aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and
(bb) supply chain logistics.
(4) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.
(c) Battery manufacturing and recycling grants
(1) In general
Not later than 180 days after November 15, 2021, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the "program").
(2) Purpose
The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain.
(3) Grants
(A) In general
Under the program, the Secretary shall award grants to eligible entities—
(i) to carry out 1 or more demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling;
(ii) to construct 1 or more new commercial-scale advanced battery component manufacturing, advanced battery manufacturing, or recycling facilities in the United States; and
(iii) to retool, retrofit, or expand 1 or more existing facilities located in the United States and determined qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing, and recycling.
(B) Amount limitation
The amount of a grant awarded under the program shall be not less than—
(i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii).
(C) Priority; consideration
In awarding grants to eligible entities under the program, the Secretary shall—
(i) give priority to an eligible entity that—
(I) is located and operates in the United States;
(II) is owned by a United States entity;
(III) deploys North American-owned intellectual property and content;
(IV) represents consortia or industry partnerships; and
(V)(aa) if the eligible entity will use the grant for advanced battery component manufacturing, will not use battery material supplied by or originating from a foreign entity of concern; or
(bb) if the eligible entity will use the grant for battery recycling, will not export recovered critical materials to a foreign entity of concern; and
(ii) take into consideration whether a project—
(I) provides workforce opportunities in low- and moderate-income or rural communities;
(II) provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs;
(III) encourages partnership with universities and laboratories to spur innovation and drive down costs;
(IV) partners with Indian Tribes;
(V) takes into account—
(aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and
(bb) supply chain logistics; and
(VI) utilizes feedstock produced in the United States.
(4) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.
(d) Reporting requirements
Not later than 1 year after November 15, 2021, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of—
(1) the number of grant applications received;
(2) the number of grants awarded and the amount of each award;
(3) the purpose and status of each project carried out using a grant; and
(4) any other information the Secretary determines necessary.
(e) Lithium-Ion Battery Recycling Prize Competition
(1) In general
The Secretary shall continue to carry out the Lithium-Ion Battery Recycling Prize Competition of the Department established pursuant to
(2) Authorization of appropriations for pilot projects
(A) In general
There is authorized to be appropriated to the Secretary to carry out Phase III of the competition, $10,000,000 for fiscal year 2022, to remain available until expended.
(B) Use of funds
The Secretary may use amounts made available under subparagraph (A)—
(i) to increase the number of winners of Phase III of the competition;
(ii) to increase the amount awarded to each winner of Phase III of the competition; and
(iii) to carry out any other activity that is consistent with the goals of Phase III of the competition, as determined by the Secretary.
(f) Battery and critical mineral recycling
(1) Definitions
In this subsection:
(A) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(B) Battery
The term "battery" means a device that—
(i) consists of 1 or more electrochemical cells that are electrically connected; and
(ii) is designed to store and deliver electric energy.
(C) Battery producer
The term "battery producer" means, with respect to a covered battery or covered battery-containing product that is sold, offered for sale, or distributed for sale in the United States, including through retail, wholesale, business-to-business, and online sale, the following applicable entity:
(i) A person who—
(I) manufactures the covered battery or covered battery-containing product; and
(II) sells or offers for sale the covered battery or covered battery-containing product under the brand of that person.
(ii) If there is no person described in clause (i) with respect to the covered battery or covered battery-containing product, the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold, offered for sale, or distributed, regardless of whether the trademark of the brand is registered.
(iii) If there is no person described in clause (i) or (ii) with respect to the covered battery or covered battery-containing product, a person that imports the covered battery or covered battery-containing product into the United States for sale or distribution.
(D) Covered battery
The term "covered battery" means a new or unused primary battery or rechargeable battery.
(E) Covered battery-containing product
The term "covered battery-containing product" means a new or unused product that contains or is packaged with a primary battery or rechargeable battery.
(F) Critical mineral
The term "critical mineral" has the meaning given the term in
(G) Primary battery
The term "primary battery" means a nonrechargeable battery that weighs not more than 4.4 pounds, including an alkaline, carbon-zinc, and lithium metal battery.
(H) Rechargeable battery
(i) In general
The term "rechargeable battery" means a battery that—
(I) contains 1 or more voltaic or galvanic cells that are electrically connected to produce electric energy;
(II) is designed to be recharged;
(III) weighs not more than 11 pounds; and
(IV) has a watt-hour rating of not more than 300 watt-hours.
(ii) Exclusions
The term "rechargeable battery" does not include a battery that—
(I) contains electrolyte as a free liquid; or
(II) employs lead-acid technology, unless that battery is sealed and does not contain electrolyte as a free liquid.
(I) Recycling
The term "recycling" means the series of activities—
(i) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products;
(ii) that may include collection, processing, and brokering; and
(iii) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products.
(2) Battery recycling research, development, and demonstration grants
(A) In general
The Secretary, in coordination with the Administrator, shall award multiyear grants to eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries, including by addressing—
(i) recycling activities;
(ii) the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling, reuse, recovery, and recycling of battery components and materials;
(iii) strategies to increase consumer acceptance of, and participation in, the recycling of batteries;
(iv) the extraction or recovery of critical minerals from batteries that are recycled;
(v) the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals;
(vi) safe disposal of waste materials and components recovered during the recycling process;
(vii) the protection of the health and safety of all persons involved in, or in proximity to, recycling and reprocessing activities, including communities located near recycling and materials reprocessing facilities;
(viii) mitigation of environmental impacts that arise from recycling batteries, including disposal of toxic reagents and byproducts related to recycling processes;
(ix) protection of data privacy associated with collected covered battery-containing products;
(x) the optimization of the value of material derived from recycling batteries; and
(xi) the cost-effectiveness and benefits of the reuse and recycling of batteries and critical minerals.
(B) Eligible entities
The Secretary, in coordination with the Administrator, may award a grant under subparagraph (A) to—
(i) an institution of higher education;
(ii) a National Laboratory;
(iii) a Federal research agency;
(iv) a State research agency;
(v) a nonprofit organization;
(vi) an industrial entity;
(vii) a manufacturing entity;
(viii) a private battery-collection entity;
(ix) an entity operating 1 or more battery recycling activities;
(x) a State or municipal government entity;
(xi) a battery producer;
(xii) a battery retailer; or
(xiii) a consortium of 2 or more entities described in clauses (i) through (xii).
(C) Applications
(i) In general
To be eligible to receive a grant under subparagraph (A), an eligible entity described in subparagraph (B) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(ii) Contents
An application submitted under clause (i) shall describe how the project will promote collaboration among—
(I) battery producers and manufacturers;
(II) battery material and equipment manufacturers;
(III) battery recyclers, collectors, and refiners; and
(IV) retailers.
(D) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this paragraph $60,000,000 for the period of fiscal years 2022 through 2026.
(3) State and local programs
(A) In general
The Secretary, in coordination with the Administrator, shall establish a program under which the Secretary shall award grants, on a competitive basis, to States and units of local government to assist in the establishment or enhancement of State battery collection, recycling, and reprocessing programs.
(B) Non-Federal cost share
The non-Federal share of the cost of a project carried out using a grant under this paragraph shall be 50 percent of the cost of the project.
(C) Report
Not later than 2 years after November 15, 2021, and annually thereafter, the Secretary shall submit to Congress a report that describes the number of battery collection points established or enhanced, an estimate of jobs created, and the quantity of material collected as a result of the grants awarded under subparagraph (A).
(D) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this paragraph $50,000,000 for the period of fiscal years 2022 through 2026.
(4) Retailers as collection points
(A) In general
The Secretary shall award grants, on a competitive basis, to retailers that sell covered batteries or covered battery-containing products to establish and implement a system for the acceptance and collection of covered batteries and covered battery-containing products, as applicable, for reuse, recycling, or proper disposal.
(B) Collection system
A system described in subparagraph (A) shall include take-back of covered batteries—
(i) at no cost to the consumer; and
(ii) on a regular, convenient, and accessible basis.
(C) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this paragraph $15,000,000 for the period of fiscal years 2022 through 2026.
(5) Task force on producer responsibilities
(A) In general
The Secretary, in coordination with the Administrator, shall convene a task force to develop an extended battery producer responsibility framework that—
(i) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements, product design, collection models, and transportation of collected materials;
(ii) provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework; and
(iii) outlines regulatory pathways for effective recycling.
(B) Task force members
Members of the task force convened under subparagraph (A) shall include—
(i) battery producers, manufacturers, retailers, recyclers, and collectors or processors;
(ii) States and municipalities; and
(iii) other relevant stakeholders, such as environmental, energy, or consumer organizations, as determined by the Secretary.
(C) Report
Not later than 1 year after the date on which the Secretary, in coordination with Administrator, convenes the task force under subparagraph (A), the Secretary shall submit to Congress a report that—
(i) describes the extended producer responsibility framework developed by the task force;
(ii) includes the recommendations of the task force on how best to implement a mandatory pay-in or other enforcement mechanism to ensure that battery producers and sellers are contributing to the recycling of batteries; and
(iii) suggests regulatory pathways for effective recycling.
(6) Effect on Mercury-Containing and Rechargeable Battery Management Act
Nothing in this subsection, or any regulation, guideline, framework, or policy adopted or promulgated pursuant to this subsection, shall modify or otherwise affect the provisions of the Mercury-Containing and Rechargeable Battery Management Act (
(
Editorial Notes
References in Text
The Arms Export Control Act, referred to in subsec. (a)(5)(D)(iv), is
The Export Control Reform Act of 2018, referred to in subsec. (a)(5)(D)(vi), is subtitle B (§§1741–1781) of title XVII of div. A of
The International Emergency Economic Powers Act, referred to in subsec. (a)(5)(D)(vii), is title II of
The Mercury-Containing and Rechargeable Battery Management Act, referred to in subsec. (f)(6), is
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
1 See References in Text note below.
2 So in original. Probably should be "or".
§18742. Advanced energy manufacturing and recycling grant program
(a) Definitions
In this section:
(1) Advanced energy property
The term "advanced energy property" means—
(A) property designed to be used to produce energy from the sun, water, wind, geothermal or hydrothermal (as those terms are defined in
(B) fuel cells, microturbines, or energy storage systems and components;
(C) electric grid modernization equipment or components;
(D) property designed to capture, remove, use, or sequester carbon oxide emissions;
(E) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product that is—
(i) renewable; or
(ii) low-carbon and low-emission;
(F) property designed to produce energy conservation technologies (including for residential, commercial, and industrial applications);
(G)(i) light-, medium-, or heavy-duty electric or fuel cell vehicles, electric or fuel cell locomotives, electric or fuel cell maritime vessels, or electric or fuel cell planes;
(ii) technologies, components, and materials of those vehicles, locomotives, maritime vessels, or planes; and
(iii) charging or refueling infrastructure associated with those vehicles, locomotives, maritime vessels, or planes;
(H)(i) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds; and
(ii) technologies, components, and materials for those vehicles; and
(I) other advanced energy property designed to reduce greenhouse gas emissions, as may be determined by the Secretary.
(2) Covered census tract
The term "covered census tract" means a census tract—
(A) in which, after December 31, 1999, a coal mine had closed;
(B) in which, after December 31, 2009, a coal-fired electricity generating unit had been retired; or
(C) that is immediately adjacent to a census tract described in subparagraph (A) or (B).
(3) Eligible entity
The term "eligible entity" means a manufacturing firm—
(A) the gross annual sales of which are less than $100,000,000;
(B) that has fewer than 500 employees at the plant site of the manufacturing firm; and
(C) the annual energy bills of which total more than $100,000 but less than $2,500,000.
(4) Minority-owned
The term "minority-owned", with respect to an eligible entity, means an eligible entity not less than 51 percent of which is owned by 1 or more individuals who are—
(A) citizens of the United States; and
(B) Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native.
(5) Program
The term "Program" means the grant program established under subsection (b).
(6) Qualifying advanced energy project
The term "qualifying advanced energy project" means a project that—
(A)(i) re-equips, expands, or establishes a manufacturing or recycling facility for the production or recycling, as applicable, of advanced energy property; or
(ii) re-equips an industrial or manufacturing facility with equipment designed to reduce the greenhouse gas emissions of that facility substantially below the greenhouse gas emissions under current best practices, as determined by the Secretary, through the installation of—
(I) low- or zero-carbon process heat systems;
(II) carbon capture, transport, utilization, and storage systems;
(III) technology relating to energy efficiency and reduction in waste from industrial processes; or
(IV) any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary;
(B) has a reasonable expectation of commercial viability, as determined by the Secretary; and
(C) is located in a covered census tract.
(b) Establishment
Not later than 180 days after November 15, 2021, the Secretary shall establish a program to award grants to eligible entities to carry out qualifying advanced energy projects.
(c) Applications
(1) In general
Each eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the proposed qualifying advanced energy project to be carried out using the grant.
(2) Selection criteria
(A) Projects
In selecting eligible entities to receive grants under the Program, the Secretary shall, with respect to the qualifying advanced energy projects proposed by the eligible entities, give higher priority to projects that—
(i) will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases;
(ii) will result in a higher level of domestic job creation (both direct and indirect) during the lifetime of the project;
(iii) will result in a higher level of job creation in the vicinity of the project, particularly with respect to—
(I) low-income communities (as described in section 45D(e) of the Internal Revenue Code of 1986); and
(II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;
(iv) have higher potential for technological innovation and commercial deployment;
(v) have a lower levelized cost of—
(I) generated or stored energy; or
(II) measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain); and
(vi) have a shorter project time.
(B) Eligible entities
In selecting eligible entities to receive grants under the Program, the Secretary shall give priority to eligible entities that are minority-owned.
(d) Project completion and location; return of unobligated funds
(1) Completion; return of unobligated funds
An eligible entity that receives a grant under the Program shall be required—
(A) to complete the qualifying advanced energy project funded by the grant not later than 3 years after the date of receipt of the grant funds; and
(B) to return to the Secretary any grant funds that remain unobligated at the end of that 3-year period.
(2) Location
If the Secretary determines that an eligible entity awarded a grant under the Program has carried out the applicable qualifying advanced energy project at a location that is materially different from the location specified in the application for the grant, the eligible entity shall be required to return the grant funds to the Secretary.
(e) Technical assistance
(1) In general
Not later than 180 days after November 15, 2021, the Secretary shall provide technical assistance on a selective basis to eligible entities that are seeking a grant under the Program to enhance the impact of the qualifying advanced energy project to be carried out using the grant with respect to the selection criteria described in subsection (c)(2)(A).
(2) Applications
An eligible entity desiring technical assistance under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(3) Factors for consideration
In selecting eligible entities for technical assistance under paragraph (1), the Secretary shall give higher priority to eligible entities that propose a qualifying advanced energy project that has greater potential for enhancement of the impact of the project with respect to the selection criteria described in subsection (c)(2)(A).
(f) Publication of grants
The Secretary shall make publicly available the identity of each eligible entity awarded a grant under the Program and the amount of the grant.
(g) Report
Not later than 4 years after November 15, 2021, the Secretary shall—
(1) review the grants awarded under the Program; and
(2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing those grants.
(h) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the Program $750,000,000 for the period of fiscal years 2022 through 2026.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18743. Critical minerals mining and recycling research
(a) Definitions
In this section:
(1) Critical mineral
The term "critical mineral" has the meaning given the term in
(2) Critical minerals and metals
The term "critical minerals and metals" includes any host mineral of a critical mineral.
(3) Director
The term "Director" means the Director of the Foundation.
(4) End-to-end
The term "end-to-end", with respect to the integration of mining or life cycle of minerals, means the integrated approach of, or the lifecycle determined by, examining the research and developmental process from the mining of the raw minerals to its processing into useful materials, its integration into components and devices, the utilization of such devices in the end-use application to satisfy certain performance metrics, and the recycling or disposal of such devices.
(5) Foreign entity of concern
The term "foreign entity of concern" means a foreign entity that is—
(A) designated as a foreign terrorist organization by the Secretary of State under
(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) 1 of title 10);
(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—
(i)
(ii)
(iii)
(iv) the Arms Export Control Act (
(v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (
(vi) the Export Control Reform Act of 2018 (
(vii) the International Emergency Economic Powers Act (
(E) determined by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.
(6) Foundation
The term "Foundation" means the National Science Foundation.
(7) Institution of higher education
The term "institution of higher education" has the meaning given the term in
(8) National Laboratory
The term "National Laboratory" has the meaning given the term in
(9) Recycling
The term "recycling" means the process of collecting and processing spent materials and devices and turning the materials and devices into raw materials or components that can be reused either partially or completely.
(10) Secondary recovery
The term "secondary recovery" means the recovery of critical minerals and metals from discarded end-use products or from waste products produced during the metal refining and manufacturing process, including from mine waste piles, acid mine drainage sludge, or byproducts produced through legacy mining and metallurgy activities.
(b) Critical minerals mining and recycling research and development
(1) In general
In order to support supply chain resiliency, the Secretary, in coordination with the Director, shall issue awards, on a competitive basis, to eligible entities described in paragraph (2) to support basic research that will accelerate innovation to advance critical minerals mining, recycling, and reclamation strategies and technologies for the purposes of—
(A) making better use of domestic resources; and
(B) eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.
(2) Eligible entities
Entities eligible to receive an award under paragraph (1) are the following:
(A) Institutions of higher education.
(B) National Laboratories.
(C) Nonprofit organizations.
(D) Consortia of entities described in subparagraphs (A) through (C), including consortia that collaborate with private industry.
(3) Use of funds
Activities funded by an award under this section may include—
(A) advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction and production—
(i) to improve existing, or to develop new, supply chains of critical minerals; and
(ii) to yield more efficient, economical, and environmentally benign mining practices;
(B) advancing critical mineral processing research activities to improve separation, alloying, manufacturing, or recycling techniques and technologies that can decrease the energy intensity, waste, potential environmental impact, and costs of those activities;
(C) advancing research and development of critical minerals mining and recycling technologies that take into account the potential end-uses and disposal of critical minerals, in order to improve end-to-end integration of mining and technological applications;
(D) conducting long-term earth observation of reclaimed mine sites, including the study of the evolution of microbial diversity at those sites;
(E) examining the application of artificial intelligence for geological exploration of critical minerals, including what size and diversity of data sets would be required;
(F) examining the application of machine learning for detection and sorting of critical minerals, including what size and diversity of data sets would be required;
(G) conducting detailed isotope studies of critical minerals and the development of more refined geologic models; or
(H) providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers.
(c) Critical minerals interagency subcommittee
(1) In general
In order to support supply chain resiliency, the Critical Minerals Subcommittee of the National Science and Technology Council (referred to in this subsection as the "Subcommittee") shall coordinate Federal science and technology efforts to ensure secure and reliable supplies of critical minerals to the United States.
(2) Purposes
The purposes of the Subcommittee shall be—
(A) to advise and assist the National Science and Technology Council, including the Committee on Homeland and National Security of the National Science and Technology Council, on United States policies, procedures, and plans relating to critical minerals, including—
(i) Federal research, development, and deployment efforts to optimize methods for extractions, concentration, separation, and purification of conventional, secondary, and unconventional sources of critical minerals, including research that prioritizes end-to-end integration of mining and recycling techniques and the end-use target for critical minerals;
(ii) efficient use and reuse of critical minerals, including recycling technologies for critical minerals and the reclamation of critical minerals from components, such as spent batteries;
(iii) addressing the technology transitions between research or lab-scale mining and recycling and commercialization of these technologies;
(iv) the critical minerals workforce of the United States; and
(v) United States private industry investments in innovation and technology transfer from federally funded science and technology;
(B) to identify emerging opportunities, stimulate international cooperation, and foster the development of secure and reliable supply chains of critical minerals, including activities relating to the reuse of critical minerals via recycling;
(C) to ensure the transparency of information and data related to critical minerals; and
(D) to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being, and industrial production.
(3) Responsibilities
In carrying out paragraphs (1) and (2), the Subcommittee may, taking into account the findings and recommendations of relevant advisory committees—
(A) provide recommendations on how Federal agencies may improve the topographic, geologic, and geophysical mapping of the United States and improve the discoverability, accessibility, and usability of the resulting and existing data, to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security;
(B) assess the progress toward developing critical minerals recycling and reprocessing technologies;
(C) assess the end-to-end lifecycle of critical minerals, including for mining, usage, recycling, and end-use material and technology requirements;
(D) examine, and provide recommendations for, options for accessing and developing critical minerals through investment and trade with allies and partners of the United States;
(E) evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry;
(F) assess the need for, and make recommendations to address, the challenges the United States critical minerals supply chain workforce faces, including—
(i) aging and retiring personnel and faculty;
(ii) public perceptions about the nature of mining and mineral processing; and
(iii) foreign competition for United States talent;
(G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance—
(i) scientific and technical capabilities across critical mineral supply chains, including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification, more efficient use, recycling, and substitution for critical minerals; and
(ii) cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environmental health and safety research and development; and
(H) report to the appropriate committees of Congress on activities and findings under this subsection.
(4) Mandatory responsibilities
In carrying out paragraphs (1) and (2), the Subcommittee shall, taking into account the findings and recommendations of relevant advisory committees, identify and evaluate Federal policies and regulations that restrict the mining of critical minerals.
(d) Grant program for processing of critical minerals and development of critical minerals and metals
(1) Establishment
The Secretary, in consultation with the Director, the Secretary of the Interior, and the Secretary of Commerce, shall establish a grant program to finance pilot projects for—
(A) the processing or recycling of critical minerals in the United States; or
(B) the development of critical minerals and metals in the United States
(2) Limitation on grant awards
A grant awarded under paragraph (1) may not exceed $10,000,000.
(3) Economic viability
In awarding grants under paragraph (1), the Secretary shall give priority to projects that the Secretary determines are likely to be economically viable over the long term.
(4) Secondary recovery
In awarding grants under paragraph (1), the Secretary shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals.
(5) Domestic priority
In awarding grants for the development of critical minerals and metals under paragraph (1)(B), the Secretary shall prioritize pilot projects that will process the critical minerals and metals domestically.
(6) Prohibition on processing by foreign entity of concern
In awarding grants under paragraph (1), the Secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern.
(7) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the grant program established under paragraph (1) $100,000,000 for each of fiscal years 2021 through 2024.
(
Editorial Notes
References in Text
The Arms Export Control Act, referred to in subsec. (a)(5)(D)(iv), is
The Export Control Reform Act of 2018, referred to in subsec. (a)(5)(D)(vi), is subtitle B (§§1741–1781) of title XVII of div. A of
The International Emergency Economic Powers Act, referred to in subsec. (a)(5)(D)(vii), is title II of
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
1 See References in Text note below.
2 So in original. Probably should be "or".
§18744. 21st Century Energy Workforce Advisory Board
(a) Establishment
The Secretary shall establish a board, to be known as the "21st Century Energy Workforce Advisory Board", to develop a strategy for the Department that, with respect to the role of the Department in the support and development of a skilled energy workforce—
(1) meets the current and future industry and labor needs of the energy sector;
(2) provides opportunities for students to become qualified for placement in traditional energy sector and emerging energy sector jobs;
(3) identifies areas in which the Department can effectively utilize the technical expertise of the Department to support the workforce activities of other Federal agencies;
(4) strengthens and engages the workforce training programs of the Department and the National Laboratories in carrying out the Equity in Energy Initiative of the Department and other Department workforce priorities;
(5) develops plans to support and retrain displaced and unemployed energy sector workers; and
(6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian Tribes, women, veterans, and socioeconomically disadvantaged individuals.
(b) Membership
(1) In general
The Board shall be composed of not fewer than 10 and not more than 15 members, with the initial members of the Board to be appointed by the Secretary not later than 1 year after November 15, 2021.
(2) Requirement
The Board shall include not fewer than 1 representative of a labor organization with significant energy experience who has been nominated by a national labor federation.
(3) Qualifications
Each individual appointed to the Board under paragraph (1) shall have expertise in—
(A) the field of economics or workforce development;
(B) relevant traditional energy industries or emerging energy industries, including energy efficiency;
(C) secondary or postsecondary education;
(D) energy workforce development or apprenticeship programs of States or units of local government;
(E) relevant organized labor organizations; or
(F) bringing underrepresented groups, including racial and ethnic minorities, women, veterans, and socioeconomically disadvantaged individuals, into the workforce.
(c) Advisory Board review and recommendations
(1) Determination by Board
In developing the strategy required under subsection (a), the Board shall—
(A) determine whether there are opportunities to more effectively and efficiently use the capabilities of the Department in the development of a skilled energy workforce;
(B) identify ways in which the Department could work with other relevant Federal agencies, States, units of local government, institutions of higher education, labor organizations, Indian Tribes and tribal organizations, and industry in the development of a skilled energy workforce, subject to applicable law;
(C) identify ways in which the Department and National Laboratories can—
(i) increase outreach to minority-serving institutions; and
(ii) make resources available to increase the number of skilled minorities and women trained to go into the energy and energy-related manufacturing sectors;
(iii) increase outreach to displaced and unemployed energy sector workers; and
(iv) make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce; and
(D)(i) identify the energy sectors in greatest need of workforce training; and
(ii) in consultation with the Secretary of Labor, develop recommendations for the skills necessary to develop a workforce trained to work in those energy sectors.
(2) Required analysis
In developing the strategy required under subsection (a), the Board shall analyze the effectiveness of—
(A) existing Department-directed support; and
(B) existing energy workforce training programs.
(3) Report
(A) In general
Not later than 1 year after the date on which the Board is established under this section, and biennially thereafter until the date on which the Board is terminated under subsection (f), the Board shall submit to the Secretary a report containing, with respect to the strategy required under subsection (a)—
(i) the findings of the Board; and
(ii) the proposed energy workforce strategy of the Board.
(B) Response of the Secretary
Not later than 90 days after the date on which a report is submitted to the Secretary under subparagraph (A), the Secretary shall—
(i) submit to the Board a response to the report that—
(I) describes whether the Secretary approves or disapproves of each recommendation of the Board under subparagraph (A); and
(II) if the Secretary approves of a recommendation, provides an implementation plan for the recommendation; and
(ii) submit to Congress—
(I) the report of the Board under subparagraph (A); and
(II) the response of the Secretary under clause (i).
(C) Public availability of report
(i) In general
The Board shall make each report under subparagraph (A) available to the public on the earlier of—
(I) the date on which the Board receives the response of the Secretary under subparagraph (B)(i); and
(II) the date that is 90 days after the date on which the Board submitted the report to the Secretary.
(ii) Requirement
If the Board has received a response to a report from the Secretary under subparagraph (B)(i), the Board shall make that response publicly available with the applicable report.
(d) Report by the Secretary
Not later than 180 days before the date of expiration of a term of the Board under subsection (f), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that—
(1) describes the effectiveness and accomplishments of the Board during the applicable term;
(2) contains a determination of the Secretary as to whether the Board should be renewed; and
(3) if the Secretary determines that the Board should be renewed, any recommendations as to whether and how the scope and functions of the Board should be modified.
(e) Outreach to minority-serving institutions, veterans, and displaced and unemployed energy workers
In developing the strategy under subsection (a), the Board shall—
(1) give special consideration to increasing outreach to minority-serving institutions, veterans, and displaced and unemployed energy workers;
(2) make resources available to—
(A) minority-serving institutions, with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors;
(B) institutions that serve veterans, with the objective of increasing the number veterans in the energy industry by ensuring that veterans have the credentials and training necessary to secure careers in the energy industry; and
(C) institutions that serve displaced and unemployed energy workers to increase the number of individuals trained for jobs in the energy industry;
(3) encourage the energy industry to improve the opportunities for students of minority-serving institutions, veterans, and displaced and unemployed energy workers to participate in internships, preapprenticeships, apprenticeships, and cooperative work-study programs in the energy industry; and
(4) work with the National Laboratories to increase the participation of underrepresented groups, veterans, and displaced and unemployed energy workers in internships, fellowships, training programs, and employment at the National Laboratories.
(f) Term
(1) In general
Subject to paragraph (2), the Board shall terminate on September 30, 2026.
(2) Extensions
The Secretary may renew the Board for 1 or more 5-year periods by submitting, not later than the date described in subsection (d), a report described in that subsection that contains a determination by the Secretary that the Board should be renewed.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
SUBCHAPTER III—FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Part A—Nuclear Energy Infrastructure
§18751. Infrastructure planning for micro and small modular nuclear reactors
(a) Definitions
In this section:
(1) Advanced nuclear reactor
The term "advanced nuclear reactor" has the meaning given the term in
(2) Isolated community
The term "isolated community" has the meaning given the term in
(3) Micro-reactor
The term "micro-reactor" means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts.
(4) National Laboratory
The term "National Laboratory" has the meaning given the term in
(5) Small modular reactor
The term "small modular reactor" means an advanced nuclear reactor—
(A) with a rated capacity of less than 300 electrical megawatts; and
(B) that can be constructed and operated in combination with similar reactors at a single site.
(b) Report
Not later than 180 days after November 15, 2021, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro-reactors and small modular reactors.
(c) Elements
The report required by subsection (b) shall address the following:
(1) An evaluation by the Department of current resilience and carbon reduction requirements for energy for facilities of the Department to determine whether changes are needed to address—
(A) the need to provide uninterrupted power to facilities of the Department for at least 3 days during power grid failures;
(B) the need for protection against cyber threats and electromagnetic pulses; and
(C) resilience to extreme natural events, including earthquakes, volcanic activity, tornados, hurricanes, floods, tsunamis, lahars, landslides, seiches, a large quantity of snowfall, and very low or high temperatures.
(2) A strategy of the Department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the Department.
(3) A strategy to partner with private industry to develop and deploy micro-reactors and small modular reactors to remote communities in order to replace diesel generation and other fossil fuels.
(4) An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro-reactors and small modular reactors and to co-located nuclear facilities with the capability to provide dedicated power to the facility of the Department during a grid outage or failure.
(5) The plans of the Department—
(A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026;
(B) for deploying a small modular reactor to produce energy for use by a facility of the Department in the United States by 2029; and
(C) to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs.
(d) Financial and technical assistance for siting micro-reactors, small modular reactors, and advanced nuclear reactors
(1) In general
The Secretary shall offer financial and technical assistance to entities to conduct feasibility studies for the purpose of identifying suitable locations for the deployment of micro-reactors, small modular reactors, and advanced nuclear reactors in isolated communities.
(2) Requirement
Prior to providing financial and technical assistance under paragraph (1), the Secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities.
(3) Limitation
The Secretary shall not disburse more than 50 percent of the amounts available for financial assistance under this subsection to the National Laboratories.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18752. Property interests relating to certain projects and protection of information relating to certain agreements
(a) 1 Property interests relating to federally funded advanced nuclear reactor projects
(1) Definitions
In this section:
(A) Advanced nuclear reactor
The term "advanced nuclear reactor" has the meaning given the term in
(B) Property interest
(i) In general
Except as provided in clause (ii), the term "property interest" means any interest in real property or personal property (as those terms are defined in section 200.1 of title 2, Code of Federal Regulations (as in effect on November 15, 2021)).
(ii) Exclusion
The term "property interest" does not include any interest in intellectual property developed using funding provided under a project described in paragraph (3).
(2) Assignment of property interests
The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3).
(3) Project described
A project referred to in paragraph (2) is—
(A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of November 15, 2021;
(B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading "Nuclear Energy" under the heading "ENERGY PROGRAMS" in title III of division C of the Further Consolidated Appropriations Act, 2020 (
(C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or
(D) a project—
(i) relating to advanced nuclear reactors; and
(ii) for which Federal funding is provided under a program focused on development and demonstration.
(4) Retroactive vesting
The vesting of fee title or any other property interest assigned under paragraph (2) shall be retroactive to the date on which the applicable project first received Federal funding as described in any of subparagraphs (A) through (D) of paragraph (3).
(
Editorial Notes
References in Text
The Further Consolidated Appropriations Act, 2020, referred to in subsec. (a)(3)(B), is
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
1 So in original. No subsec. (b) has been enacted.
§18753. Civil nuclear credit program
(a) Definitions
In this section:
(1) Certified nuclear reactor
The term "certified nuclear reactor" means a nuclear reactor that—
(A) competes in a competitive electricity market; and
(B) is certified under subsection (c)(2)(A)(i) to submit a sealed bid in accordance with subsection (d).
(2) Credit
The term "credit" means a credit allocated to a certified nuclear reactor under subsection (e)(2).
(b) Establishment of program
The Secretary shall establish a civil nuclear credit program—
(1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and
(2) to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (e) to receive credits under paragraph (2) of that subsection.
(c) Certification
(1) Application
(A) In general
In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including—
(i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including—
(I) the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated;
(II) any private or publicly available data with respect to current or projected bulk power market prices;
(III) out-of-market revenue streams;
(IV) operations and maintenance costs;
(V) capital costs, including fuel; and
(VI) operational and market risks;
(ii) an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations;
(iii) known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and
(iv) a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated—
(I) without receiving additional credits; or
(II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period.
(B) Timeline
The Secretary shall accept applications described in subparagraph (A)—
(i) until the date that is 120 days after November 15, 2021; and
(ii) not less frequently than every year thereafter.
(C) Payments from State programs
(i) In general
The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on November 15, 2021.
(ii) Requirement
An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments.
(2) Determination to certify
(A) Determination
(i) In general
Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Secretary shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph.
(ii) Minimum requirements
To the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if—
(I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors;
(II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and
(III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor—
(aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations) 1 of the nuclear reactor; and
(bb) poses no significant safety hazards.
(iii) Priority
In determining whether to certify a nuclear reactor under clause (i), the Secretary shall give priority to a nuclear reactor that uses, to the maximum extent available, uranium that is produced, converted, enriched, and fabricated into fuel assemblies in the United States.
(B) Notice
For each application received under paragraph (1)(A), the Secretary shall provide to the applicable owner or operator, as applicable—
(i) a notice of the certification of the applicable nuclear reactor; or
(ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied.
(d) Bidding process
(1) In general
Subject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that—
(A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in subsection (c)(1)(A)(i)(I); and
(B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated.
(2) Requirement
The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Secretary has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection.
(e) Allocation
(1) Auction
Notwithstanding
(A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and
(B) select certified nuclear reactors to be allocated credits.
(2) Credits
Subject to subsection (f)(2), on selection under paragraph (1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of the selection.
(3) Requirement
To the maximum extent practicable, the Secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible.
(f) Renewal
(1) In general
The owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section.
(2) Limitation
Notwithstanding any other provision of this section, the Secretary may not allocate any credits after September 30, 2031.
(g) Additional requirements
(1) Audit
During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Secretary shall periodically audit the certified nuclear reactor.
(2) Recapture
The Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)—
(A) terminates operations; or
(B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor.
(3) Confidentiality
The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used.
(h) Report
Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include—
(1) an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability;
(2) a quantification of the ratepayer savings achieved under this section; and
(3) any recommendations to renew or expand the credits.
(i) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026.
(
Statutory Notes and Related Subsidiaries
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For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
1 So in original. Probably should be followed by a second closing parenthesis.
Part B—Miscellaneous
§18761. Clean energy demonstration program on current and former mine land
(a) Definitions
In this section:
(1) Clean energy project
The term "clean energy project" means a project that demonstrates 1 or more of the following technologies:
(A) Solar.
(B) Micro-grids.
(C) Geothermal.
(D) Direct air capture.
(E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration.
(F) Energy storage, including pumped storage hydropower and compressed air storage.
(G) Advanced nuclear technologies.
(2) Economically distressed area
The term "economically distressed area" means an area described in
(3) Mine land
The term "mine land" means—
(A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (
(B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the "Mining Law of 1872") (
(4) Program
The term "program" means the demonstration program established under subsection (b).
(b) Establishment
The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land.
(c) Selection of demonstration projects
(1) In general
In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects.
(2) Eligibility
To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability.
(3) Priority
In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will—
(A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project;
(B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions;
(C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project;
(D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly—
(i) in economically distressed areas; and
(ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;
(E) have the greatest potential for technological innovation and commercial deployment;
(F) have the lowest levelized cost of generated or stored energy;
(G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and
(H) have the shortest project time from permitting to completion.
(4) Project selection
The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor.
(5) Compatibility with existing operations
Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm—
(A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and
(B) the valid existing rights of any mining claimholders or operators.
(d) Consultation
The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites.
(e) Technical assistance
The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid.
(f) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.
(
Editorial Notes
References in Text
The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (a)(3)(A), is
The Mining Law of 1872, referred to in subsec. (a)(3)(B), is act May 10, 1872, ch. 152,
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
SUBCHAPTER IV—ENERGY INFORMATION ADMINISTRATION
§18771. Definitions
In this subchapter:
(1) Administrator
The term "Administrator" means the Administrator of the Energy Information Administration.
(2) Annual Critical Minerals Outlook
The term "Annual Critical Minerals Outlook" means the Annual Critical Minerals Outlook prepared under
(3) Critical mineral
The term "critical mineral" has the meaning given the term in
(4) Household energy burden
The term "household energy burden" means the quotient obtained by dividing—
(A) the residential energy expenditures (as defined in section 440.3 of title 10, Code of Federal Regulations (as in effect on November 15, 2021)) of the applicable household; by
(B) the annual income of that household.
(5) Household with a high energy burden
The term "household with a high energy burden" has the meaning given the term in section 440.3 of title 10, Code of Federal Regulations (as in effect on November 15, 2021).
(6) Large manufacturing facility
The term "large manufacturing facility" means a manufacturing facility that—
(A) annually consumes more than 35,000 megawatt-hours of electricity; or
(B) has a peak power demand of more than 10 megawatts.
(7) Load-serving entity
The term "load-serving entity" has the meaning given the term in
(8) Miscellaneous electric load
The term "miscellaneous electric load" means electricity that—
(A) is used by an appliance or device—
(i) within a building; or
(ii) to serve a building; and
(B) is not used for heating, ventilation, air conditioning, lighting, water heating, or refrigeration.
(9) Regional Transmission Organization
The term "Regional Transmission Organization" has the meaning given the term in
(10) Rural area
The term "rural area" has the meaning given the term in
(
Statutory Notes and Related Subsidiaries
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For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18772. Data collection in the electricity sector
(a) Dashboard
(1) Establishment
(A) In general
Not later than 90 days after November 15, 2021, the Administrator shall establish an online database to track the operation of the bulk power system in the contiguous 48 States (referred to in this section as the "Dashboard").
(B) Improvement of existing dashboard
The Dashboard may be established through the improvement, in accordance with this subsection, of an existing dashboard of the Energy Information Administration, such as—
(i) the U.S. Electric System Operating Data dashboard; or
(ii) the Hourly Electric Grid Monitor.
(2) Expansion
(A) In general
Not later than 1 year after November 15, 2021, the Administrator shall expand the Dashboard to include, to the maximum extent practicable, hourly operating data collected from the electricity balancing authorities that operate the bulk power system in all of the several States, each territory of the United States, and the District of Columbia.
(B) Types of data
The hourly operating data collected under subparagraph (A) may include data relating to—
(i) total electricity demand;
(ii) electricity demand by subregion;
(iii) short-term electricity demand forecasts;
(iv) total electricity generation;
(v) net electricity generation by fuel type, including renewables;
(vi) electricity stored and discharged;
(vii) total net electricity interchange;
(viii) electricity interchange with directly interconnected balancing authorities; and
(ix) where available, the estimated marginal greenhouse gas emissions per megawatt hour of electricity generated—
(I) within the metered boundaries of each balancing authority; and
(II) for each pricing node.
(b) Mix of energy sources
(1) In general
Not later than 1 year after November 15, 2021, the Administrator shall establish, in accordance with
(A) measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency;
(B) other data collected by the Environmental Protection Agency or other relevant Federal agencies, as the Administrator determines to be appropriate; and
(C) data collected by State or regional energy credit registries.
(2) Outcomes
The system established under paragraph (1) shall result in an integrated dataset that includes, for any given time—
(A) the net generation of electricity by megawatt hour within the metered boundaries of each balancing authority; and
(B) where available, the average and marginal greenhouse gas emissions by megawatt hour of electricity generated within the metered boundaries of each balancing authority.
(3) Real-time data dissemination
To the maximum extent practicable, the system established under paragraph (1) shall disseminate data—
(A) on a real-time basis; and
(B) through an application programming interface that is publicly accessible.
(4) Complementary efforts
The system established under paragraph (1) shall complement any existing data dissemination efforts of the Administrator that make use of electricity generation data, such as electricity demand by subregion and electricity interchange with directly interconnected balancing authorities.
(c) Observed characteristics of bulk power system resource integration
(1) In general
Not later than 1 year after November 15, 2021, the Administrator shall establish a system to provide to the public timely data on the integration of energy resources into the bulk power system and the electric distribution grids in the United States, and the observed effects of that integration.
(2) Requirements
In carrying out paragraph (1), the Administrator shall seek to improve the temporal and spatial resolution of data relating to how grid operations are changing, such as through—
(A) thermal generator cycling to accommodate intermittent generation;
(B) generation unit self-scheduling practices;
(C) renewable source curtailment;
(D) utility-scale storage;
(E) load response;
(F) aggregations of distributed energy resources at the distribution system level;
(G) power interchange between directly connected balancing authorities;
(H) expanding Regional Transmission Organization balancing authorities;
(I) improvements in real-time—
(i) accuracy of locational marginal prices; and
(ii) signals to flexible demand; and
(J) disruptions to grid operations, including disruptions caused by cyber sources, physical sources, extreme weather events, or other sources.
(d) Distribution system operations
(1) In general
Not later than 1 year after November 15, 2021, the Administrator shall establish a system to provide to the public timely data on the operations of load-serving entities in the electricity grids of the United States.
(2) Requirements
(A) In general
In carrying out paragraph (1), the Administrator shall—
(i) not less frequently than annually, provide data on—
(I) the delivered generation resource mix for each load-serving entity; and
(II) the distributed energy resources operating within each service area of a load-serving entity;
(ii) harmonize the data on delivered generation resource mix described in clause (i)(I) with measurements of greenhouse gas emissions collected by the Environmental Protection Agency;
(iii) to the maximum extent practicable, disseminate the data described in clause (i)(I) and the harmonized data described in clause (ii) on a real-time basis; and
(iv) provide historical data, beginning with the earliest calendar year practicable, but not later than calendar year 2020, on the delivered generation resource mix described in clause (i)(I).
(B) Data on the delivered generation resource mix
In collecting the data described in subparagraph (A)(i)(I), the Administrator shall—
(i) use existing voluntary industry methodologies, including reporting protocols, databases, and emissions and energy use tracking software that provide consistent, timely, and accessible carbon emissions intensity rates for delivered electricity;
(ii) consider that generation and transmission entities may provide data on behalf of load-serving entities;
(iii) to the extent that the Administrator determines necessary, and in a manner designed to protect confidential information, require each load-serving entity to submit additional information as needed to determine the delivered generation resource mix of the load-serving entity, including financial or contractual agreements for power and generation resource type attributes with respect to power owned by or retired by the load-serving entity; and
(iv) for any portion of the generation resource mix of a load-serving entity that is otherwise unaccounted for, develop a methodology to assign to the load-serving entity a share of the otherwise unaccounted for resource mix of the relevant balancing authority.
(
Statutory Notes and Related Subsidiaries
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For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18773. Expansion of energy consumption surveys
(a) In general
Not later than 2 years after November 15, 2021, the Administrator shall implement measures to expand the Manufacturing Energy Consumption Survey, the Commercial Building Energy Consumption Survey, and the Residential Energy Consumption Survey to include data on energy end use in order to facilitate the identification of—
(1) opportunities to improve energy efficiency and energy productivity;
(2) changing patterns of energy use; and
(3) opportunities to better understand and manage miscellaneous electric loads.
(b) Requirements
(1) In general
In carrying out subsection (a), the Administrator shall—
(A) increase the scope and frequency of data collection on energy end uses and services;
(B) use new data collection methods and tools in order to obtain more comprehensive data and reduce the burden on survey respondents, including by—
(i) accessing other existing data sources; and
(ii) if feasible, developing online and real-time reporting systems;
(C) identify and report community-level economic and environmental impacts, including with respect to—
(i) the reliability and security of the energy supply; and
(ii) local areas with households with a high energy burden; and
(D) improve the presentation of data, including by—
(i) enabling the presentation of data in an interactive cartographic format on a national, regional, State, and local level with the functionality of viewing various economic, energy, and demographic measures on an individual basis or in combination; and
(ii) incorporating the results of the data collection, methods, and tools described in subparagraphs (A) and (B) into existing and new digital distribution methods.
(2) Manufacturing Energy Consumption Survey
With respect to the Manufacturing Energy Consumption Survey, the Administrator shall—
(A) implement measures to provide more detailed representations of data by region;
(B) for large manufacturing facilities, break out process heat use by required process temperatures in order to facilitate the identification of opportunities for cost reductions and energy efficiency or energy productivity improvements;
(C) collect information on—
(i) energy source-switching capabilities, especially with respect to thermal processes and the efficiency of thermal processes;
(ii) the use of electricity, biofuels, hydrogen, or other alternative fuels to produce process heat; and
(iii) the use of demand response; and
(D) identify current and potential future industrial clusters in which multiple firms and facilities in a defined geographic area share the costs and benefits of infrastructure for clean manufacturing, such as—
(i) hydrogen generation, production, transport, use, and storage infrastructure; and
(ii) carbon dioxide capture, transport, use, and storage infrastructure.
(3) Residential Energy Consumption Survey
With respect to the Residential Energy Consumption Survey, the Administrator shall—
(A) implement measures to provide more detailed representations of data by—
(i) geographic area, including by State (for each State);
(ii) building type, including multi-family buildings;
(iii) household income;
(iv) location in a rural area; and
(v) other demographic characteristics, as determined by the Administrator; and
(B) report measures of—
(i) household electrical service capacity;
(ii) access to utility demand-side management programs and bill credits;
(iii) characteristics of the energy mix used to generate electricity in different regions; and
(iv) the household energy burden for households—
(I) in different geographic areas;
(II) by electricity, heating, and other end-uses; and
(III) with different demographic characteristics that correlate with increased household energy burden, including—
(aa) having a low household income;
(bb) being a minority household;
(cc) residing in manufactured or multifamily housing;
(dd) being in a fixed or retirement income household;
(ee) residing in rental housing; and
(ff) other factors, as determined by the Administrator.
(
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§18774. Data collection on electric vehicle integration with the electricity grids
(a) In general
Not later than 1 year after November 15, 2021, the Administrator shall develop and implement measures to expand data collection with respect to electric vehicle integration with the electricity grids.
(b) Sources of data
The sources of the data collected pursuant to subsection (a) may include—
(1) host-owned or charging-network-owned electric vehicle charging stations;
(2) aggregators of charging-network electricity demand;
(3) electric utilities offering managed-charging programs;
(4) individual, corporate, or public owners of electric vehicles; and
(5) balancing authority analyses of—
(A) transformer loading congestion; and
(B) distribution-system congestion.
(c) Consultation and coordination
In carrying out subsection (a), the Administrator may consult and enter into agreements with other institutions having relevant data and data collection capabilities, such as—
(1) the Secretary of Transportation;
(2) the Secretary;
(3) the Administrator of the Environmental Protection Agency;
(4) States or State agencies; and
(5) private entities.
(
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§18775. Plan for the modeling and forecasting of demand for minerals used in the energy sector
(a) Plan
(1) In general
Not later than 180 days after November 15, 2021, the Administrator, in coordination with the Director of the United States Geological Survey, shall develop a plan for the modeling and forecasting of demand for energy technologies, including for energy production, transmission, or storage purposes, that use minerals that are or could be designated as critical minerals.
(2) Inclusions
The plan developed under paragraph (1) shall identify—
(A) the type and quantity of minerals consumed, delineated by energy technology;
(B) existing markets for manufactured energy-producing, energy-transmission, and energy-storing equipment; and
(C) emerging or potential markets for new energy-producing, energy-transmission, and energy-storing technologies entering commercialization.
(b) Metrics
The plan developed under subsection (a)(1) shall produce forecasts of energy technology demand—
(1) over the 1-year, 5-year, and 10-year periods beginning on the date on which development of the plan is completed;
(2) by economic sector; and
(3) according to any other parameters that the Administrator, in collaboration with the Secretary of the Interior, acting through the Director of the United States Geological Survey, determines are needed for the Annual Critical Minerals Outlook.
(c) Collaboration
The Administrator shall develop the plan under subsection (a)(1) in consultation with—
(1) the Secretary with respect to the possible trajectories of emerging energy-producing and energy-storing technologies; and
(2) the Secretary of the Interior, acting through the Director of the United States Geological Survey—
(A) to ensure coordination;
(B) to avoid duplicative effort; and
(C) to align the analysis of demand with data and analysis of where the minerals are produced, refined, and subsequently processed into materials and parts that are used to build energy technologies.
(
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§18776. Expansion of international energy data
(a) In general
Not later than 1 year after November 15, 2021, the Administrator shall implement measures to expand and improve the international energy data resources of the Energy Information Administration in order to understand—
(1) the production and use of energy in various countries;
(2) changing patterns of energy use internationally;
(3) the relative costs and environmental impacts of energy production and use internationally; and
(4) plans for or construction of major energy facilities or infrastructure.
(b) Requirements
In carrying out subsection (a), the Administrator shall—
(1) work with, and leverage the data resources of, the International Energy Agency;
(2) include detail on energy consumption by fuel, economic sector, and end use within countries for which data are available;
(3) collect relevant measures of energy use, including—
(A) cost; and
(B) emissions intensity; and
(4) provide tools that allow for straightforward country-to-country comparisons of energy production and consumption across economic sectors and end uses.
(
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§18777. Harmonization of efforts and data
Not later than 1 year after November 15, 2021, the Administrator shall establish a system to harmonize, to the maximum extent practicable and consistent with data integrity—
(1) the data collection efforts of the Administrator, including any data collection required under this subchapter, with the data collection efforts of—
(A) the Environmental Protection Agency, as the Administrator determines to be appropriate;
(B) other relevant Federal agencies, as the Administrator determines to be appropriate; and
(C) State or regional energy credit registries, as the Administrator determines to be appropriate;
(2) the data collected under this subchapter, including the operating data on electricity generation collected under
(3) the efforts of the Administrator to identify and report relevant impacts, opportunities, and patterns with respect to energy use, including the identification of community-level economic and environmental impacts required under
(
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SUBCHAPTER V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Part A—Residential and Commercial Energy Efficiency
§18791. Definitions
In this part:
(1) Priority State
The term "priority State" means a State that—
(A) is eligible for funding under the State Energy Program; and
(B)(i) is among the 15 States with the highest annual per-capita combined residential and commercial sector energy consumption, as most recently reported by the Energy Information Administration; or
(ii) is among the 15 States with the highest annual per-capita energy-related carbon dioxide emissions by State, as most recently reported by the Energy Information Administration.
(2) Program
The term "program" means the program established under
(3) State
The term "State" means a State (as defined in
(4) State Energy Program
The term "State Energy Program" means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act (
(
Editorial Notes
References in Text
The Energy Policy and Conservation Act, referred to in par. (4), is
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§18792. Energy efficiency revolving loan fund capitalization grant program
(a) In general
Not later than 1 year after November 15, 2021, under the State Energy Program, the Secretary shall establish a program under which the Secretary shall provide capitalization grants to States to establish a revolving loan fund under which the State shall provide loans and grants, as applicable, in accordance with this section.
(b) Distribution of funds
(1) All States
(A) In general
Of the amounts made available under subsection (j), the Secretary shall use 40 percent to provide capitalization grants to States that are eligible for funding under the State Energy Program, in accordance with the allocation formula established under section 420.11 of title 10, Code of Federal Regulations (or successor regulations).
(B) Remaining funding
After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining States seeking capitalization grants under that subparagraph.
(2) Priority States
(A) In general
Of the amounts made available under subsection (j), the Secretary shall use 60 percent to provide supplemental capitalization grants to priority States in accordance with an allocation formula determined by the Secretary.
(B) Remaining funding
After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining priority States seeking supplemental capitalization grants under that subparagraph.
(C) Grant amount
(i) Maximum amount
The amount of a supplemental capitalization grant provided to a State under this paragraph shall not exceed $15,000,000.
(ii) Supplement not supplant
A supplemental capitalization grant received by a State under this paragraph shall supplement, not supplant, a capitalization grant received by that State under paragraph (1).
(c) Applications for capitalization grants
A State seeking a capitalization grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
(1) a detailed explanation of how the grant will be used, including a plan to establish a new revolving loan fund or use an existing revolving loan fund;
(2) the need of eligible recipients for loans and grants in the State for assistance with conducting energy audits;
(3) a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the State; and
(4) in the case of a priority State seeking a supplemental capitalization grant under subsection (b)(2), a justification for needing the supplemental funding.
(d) Timing
(1) In general
The Secretary shall establish a timeline with dates by, or periods by the end of, which a State shall—
(A) on receipt of a capitalization grant under the program, deposit the grant funds into a revolving loan fund; and
(B) begin using the capitalization grant as described in subsection (e)(1).
(2) Use of grant
Under the timeline established under paragraph (1), a State shall be required to begin using a capitalization grant not more than 180 days after the date on which the grant is received.
(e) Use of grant funds
(1) In general
A State that receives a capitalization grant under the program—
(A) shall provide loans in accordance with paragraph (2); and
(B) may provide grants in accordance with paragraph (3).
(2) Loans
(A) Commercial energy audit
(i) In general
A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a commercial energy audit.
(ii) Audit requirements
A commercial energy audit conducted using a loan provided under clause (i) shall—
(I) determine the overall consumption of energy of the facility of the eligible recipient;
(II) identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient, including through energy efficient—
(aa) lighting;
(bb) heating, ventilation, and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building envelopes;
(III) estimate the energy and cost savings potential of the opportunities identified in subclause (II) using software approved by the Secretary;
(IV) identify—
(aa) the period and level of peak energy demand for each building within the facility of the eligible recipient; and
(bb) the sources of energy consumption that are contributing the most to that period of peak energy demand;
(V) recommend controls and management systems to reduce or redistribute peak energy consumption; and
(VI) estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented, using software approved by the Secretary.
(iii) Additional audit inclusions
A commercial energy audit conducted using a loan provided under clause (i) may recommend strategies to increase energy efficiency of the facility of the eligible recipient through use of electric systems or other high-efficiency systems utilizing fuels, including natural gas and hydrogen.
(iv) Eligible recipients
An eligible recipient under clause (i) is a business that—
(I) conducts the majority of its business in the State that provides the loan under that clause; and
(II) owns or operates—
(aa) 1 or more commercial buildings; or
(bb) commercial space within a building that serves multiple functions, such as a building for commercial and residential operations.
(B) Residential energy audits
(i) In general
A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a residential energy audit.
(ii) Residential energy audit requirements
A residential energy audit conducted using a loan under clause (i) shall—
(I) utilize the same evaluation criteria as the Home Performance Assessment used in the Energy Star program established under
(II) recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient, including through energy efficient—
(aa) lighting;
(bb) heating, ventilation, and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building envelopes;
(III) recommend controls and management systems to reduce or redistribute peak energy consumption;
(IV) compare the energy consumption of the residential building of the eligible recipient to comparable residential buildings in the same geographic area; and
(V) provide a Home Energy Score, or equivalent score (as determined by the Secretary), for the residential building of the eligible recipient by using the Home Energy Score Tool of the Department or an equivalent scoring tool.
(iii) Additional audit inclusions
A residential energy audit conducted using a loan provided under clause (i) may recommend strategies to increase energy efficiency of the facility of the eligible recipient through use of electric systems or other high-efficiency systems utilizing fuels, including natural gas and hydrogen.
(iv) Eligible recipients
An eligible recipient under clause (i) is—
(I) an individual who owns—
(aa) a single family home;
(bb) a condominium or duplex; or
(cc) a manufactured housing unit; or
(II) a business that owns or operates a multifamily housing facility.
(C) Commercial and residential energy upgrades and retrofits
(i) In general
A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (ii) to carry out upgrades or retrofits of building infrastructure and systems that—
(I) are recommended in the commercial energy audit or residential energy audit, as applicable, completed for the building or facility of the eligible recipient;
(II) satisfy at least 1 of the criteria in the Home Performance Assessment used in the Energy Star program established under
(III) improve, with respect to the building or facility of the eligible recipient—
(aa) the physical comfort of the building or facility occupants;
(bb) the energy efficiency of the building or facility; or
(cc) the quality of the air in the building or facility; and
(IV)(aa) are lifecycle cost-effective; and
(bb)(AA) reduce the energy intensity of the building or facility of the eligible recipient; or
(BB) improve the control and management of energy usage of the building or facility to reduce demand during peak times.
(ii) Eligible recipients
An eligible recipient under clause (i) is an eligible recipient described in subparagraph (A)(iv) or (B)(iv) that—
(I) has completed a commercial energy audit described in subparagraph (A) or a residential energy audit described in subparagraph (B) using a loan provided under the applicable subparagraph; or
(II) has completed a commercial energy audit or residential energy audit that—
(aa) was not funded by a loan under this paragraph; and
(bb)(AA) meets the requirements for the applicable audit under subparagraph (A) or (B), as applicable; or
(BB) the Secretary determines is otherwise satisfactory.
(iii) Loan term
(I) In general
A loan provided under this subparagraph shall be required to be fully amortized by the earlier of—
(aa) subject to subclause (II), the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life; and
(bb) 15 years after those upgrades or retrofits are installed.
(II) Calculation
For purposes of subclause (I)(aa), in the case of a loan being used to fund multiple upgrades or retrofits, the longest-lived upgrade or retrofit shall be used to calculate the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life.
(D) Referral to qualified contractors
Following the completion of an audit under subparagraph (A) or (B) by an eligible recipient of a loan under the applicable subparagraph, the State may refer the eligible recipient to a qualified contractor, as determined by the State, to estimate—
(i) the upfront capital cost of each recommended upgrade; and
(ii) the total upfront capital cost of implementing all recommended upgrades.
(E) Loan recipients
Each State providing loans under this paragraph shall, to the maximum extent practicable, provide loans to eligible recipients that do not have access to private capital.
(3) Grants and technical assistance
(A) In general
A State that receives a capitalization grant under the program may use not more than 25 percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph (B) to carry out the activities described in subparagraphs (A), (B), and (C) of paragraph (2).
(B) Eligible entity
An entity eligible for a grant or technical assistance under subparagraph (A) is—
(i) a business that—
(I) is an eligible recipient described in paragraph (2)(A)(iv); and
(II) has fewer than 500 employees; or
(ii) a low-income individual (as defined in
(4) Final assessment
A State that provides a capitalization grant under paragraph (2)(C) to an eligible recipient described in clause (ii) of that paragraph may, not later than 1 year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed, provide to the eligible recipient a loan or, in accordance with paragraph (3), a grant to conduct a final energy audit that assesses the total energy savings from the upgrades or retrofits.
(5) Administrative expenses
A State that receives a capitalization grant under the program may use not more than 10 percent of the grant funds for administrative expenses.
(f) Coordination with existing programs
A State receiving a capitalization grant under the program is encouraged to utilize and build on existing programs and infrastructure within the State that may aid the State in carrying out a revolving loan fund program.
(g) Leveraging private capital
A State receiving a capitalization grant under the program shall, to the maximum extent practicable, use the grant to leverage private capital.
(h) Outreach
The Secretary shall engage in outreach to inform States of the availability of capitalization grants under the program.
(i) Report
Each State that receives a capitalization grant under the program shall, not later than 2 years after a grant is received, submit to the Secretary a report that describes—
(1) the number of recipients to which the State has distributed—
(A) loans for—
(i) commercial energy audits under subsection (e)(2)(A);
(ii) residential energy audits under subsection (e)(2)(B);
(iii) energy upgrades and retrofits under subsection (e)(2)(C); and
(B) grants under subsection (e)(3); and
(2) the average capital cost of upgrades and retrofits across all commercial energy audits and residential energy audits that were conducted in the State using loans provided by the State under subsection (e).
(j) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for fiscal year 2022, to remain available until expended.
(
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§18793. Energy auditor training grant program
(a) Definitions
In this section:
(1) Covered certification
The term "covered certification" means any of the following certifications:
(A) The American Society of Heating, Refrigerating and Air-Conditioning Engineers Building Energy Assessment Professional certification.
(B) The Association of Energy Engineers Certified Energy Auditor certification.
(C) The Building Performance Institute Home Energy Professional Energy Auditor certification.
(D) The Residential Energy Services Network Home Energy Rater certification.
(E) Any other third-party certification recognized by the Department.
(F) Any third-party certification that the Secretary determines is equivalent to the certifications described in subparagraphs (A) through (E).
(2) Eligible State
The term "eligible State" means a State that—
(A) has a demonstrated need for assistance for training energy auditors; and
(B) meets any additional criteria determined necessary by the Secretary.
(b) Establishment
Under the State Energy Program, the Secretary shall establish a competitive grant program under which the Secretary shall award grants to eligible States to train individuals to conduct energy audits or surveys of commercial and residential buildings.
(c) Applications
(1) In general
A State seeking a grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the energy auditor training program plan described in paragraph (2).
(2) Energy auditor training program plan
An energy auditor training program plan submitted with an application under paragraph (1) shall include—
(A)(i) a proposed training curriculum for energy audit trainees; and
(ii) an identification of the covered certification that those trainees will receive on completion of that training curriculum;
(B) the expected per-individual cost of training;
(C) a plan for connecting trainees with employment opportunities; and
(D) any additional information required by the Secretary.
(d) Amount of grant
The amount of a grant awarded to an eligible State under subsection (b)—
(1) shall be determined by the Secretary, taking into account the population of the eligible State; and
(2) shall not exceed $2,000,000 for any eligible State.
(e) Use of funds
(1) In general
An eligible State that receives a grant under subsection (b) shall use the grant funds—
(A) to cover any cost associated with individuals being trained or certified to conduct energy audits by—
(i) the State; or
(ii) a State-certified third party training program; and
(B) subject to paragraph (2), to pay the wages of a trainee during the period in which the trainee receives training and certification.
(2) Limitation
Not more than 10 percent of grant funds provided under subsection (b) to an eligible State may be used for the purpose described in paragraph (1)(B).
(f) Consultation
In carrying out this section, the Secretary shall consult with the Secretary of Labor.
(g) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $40,000,000 for the period of fiscal years 2022 through 2026.
(
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Part A–1—Residential Efficiency and Electrification Rebates
§18795. Home energy performance-based, whole-house rebates
(a) Appropriation
(1) In general
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, $4,300,000,000, to remain available through September 30, 2031, to carry out a program to award grants to State energy offices to develop and implement a HOMES rebate program.
(2) Allocation of funds
(A) In general
The Secretary shall reserve funds made available under paragraph (1) for each State energy office—
(i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
(B) Additional funds
Not earlier than 2 years after August 16, 2022, any money reserved under subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a HOMES rebate program using a grant received under this section in proportion to the amount distributed to those State energy offices under subparagraph (A)(ii).
(3) Administrative expenses
Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for—
(A) administrative purposes; and
(B) providing technical assistance relating to activities carried out under this section.
(b) Application
A State energy office seeking a grant under this section shall submit to the Secretary an application that includes a plan to implement a HOMES rebate program, including a plan—
(1) to use procedures, as approved by the Secretary, for determining the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit that are calibrated to historical energy usage for a home consistent with BPI 2400, for purposes of modeled performance home rebates;
(2) to use open-source advanced measurement and verification software, as approved by the Secretary, for determining and documenting the monthly and hourly (if available) weather-normalized energy use of a home before and after the implementation of a home energy efficiency retrofit, for purposes of measured performance home rebates;
(3) to value savings based on time, location, or greenhouse gas emissions;
(4) for quality monitoring to ensure that each home energy efficiency retrofit for which a rebate is provided is documented in a certificate that—
(A) is provided by the contractor and certified by a third party to the homeowner; and
(B) details the work performed, the equipment and materials installed, and the projected energy savings or energy generation to support accurate valuation of the retrofit;
(5) to provide a contractor performing a home energy efficiency retrofit or an aggregator who has the right to claim a rebate $200 for each home located in a disadvantaged community that receives a home energy efficiency retrofit for which a rebate is provided under the program; and
(6) to ensure that a homeowner or aggregator does not receive a rebate for the same upgrade through both a HOMES rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(7).
(c) HOMES rebate program
(1) In general
A HOMES rebate program carried out by a State energy office receiving a grant pursuant to this section shall provide rebates to homeowners and aggregators for whole-house energy saving retrofits begun on or after August 16, 2022, and completed by not later than September 30, 2031.
(2) Amount of rebate
Subject to paragraph (3), under a HOMES rebate program, the amount of a rebate shall not exceed—
(A) for individuals and aggregators carrying out energy efficiency upgrades of single-family homes—
(i) in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, the lesser of—
(I) $2,000; and
(II) 50 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of—
(I) $4,000; and
(II) 50 percent of the project cost; and
(iii) for measured energy savings, in the case of a home or portfolio of homes that achieves energy savings of not less than 15 percent—
(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use for the average home in the State; or
(II) 50 percent of the project cost;
(B) for multifamily building owners and aggregators carrying out energy efficiency upgrades of multifamily buildings—
(i) in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, $2,000 per dwelling unit, with a maximum of $200,000 per multifamily building;
(ii) in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, $4,000 per dwelling unit, with a maximum of $400,000 per multifamily building; or
(iii) for measured energy savings, in the case of a multifamily building or portfolio of multifamily buildings that achieves energy savings of not less than 15 percent—
(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use per dwelling unit for the average multifamily building in the State; or
(II) 50 percent of the project cost; and
(C) for individuals and aggregators carrying out energy efficiency upgrades of a single-family home occupied by a low- or moderate-income household or a multifamily building not less than 50 percent of the dwelling units of which are occupied by low- or moderate-income households—
(i) in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, the lesser of—
(I) $4,000 per single-family home or dwelling unit; and
(II) 80 percent of the project cost;
(ii) in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of—
(I) $8,000 per single-family home or dwelling unit; and
(II) 80 percent of the project cost; and
(iii) for measured energy savings, in the case of a single-family home, multifamily building, or portfolio of single-family homes or multifamily buildings that achieves energy savings of not less than 15 percent—
(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $4,000 for a 20 percent reduction of energy use per single-family home or dwelling unit, as applicable, for the average single-family home or multifamily building in the State; or
(II) 80 percent of the project cost.
(3) Rebates to low- or moderate-income households
On approval from the Secretary, notwithstanding paragraph (2), a State energy office carrying out a HOMES rebate program using a grant awarded pursuant to this section may increase rebate amounts for low- or moderate-income households.
(4) Use of funds
A State energy office that receives a grant pursuant to this section may use not more than 20 percent of the grant amount for planning, administration, or technical assistance related to a HOMES rebate program.
(5) Data access guidelines
The Secretary shall develop and publish guidelines for States relating to residential electric and natural gas energy data sharing.
(6) Exemption
Activities carried out by a State energy office using a grant awarded pursuant to this section shall not be subject to the expenditure prohibitions and limitations described in section 420.18 of title 10, Code of Federal Regulations.
(7) Prohibition on combining rebates
A rebate provided by a State energy office under a HOMES rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a high-efficiency electric home rebate program (as defined in
(d) Definitions
In this section:
(1) Disadvantaged community
The term "disadvantaged community" means a community that the Secretary determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged.
(2) HOMES rebate program
The term "HOMES rebate program" means a Home Owner Managing Energy Savings rebate program established by a State energy office as part of an approved State energy conservation plan under the State Energy Program.
(3) Low- or moderate-income household
The term "low- or moderate-income household" means an individual or family the total annual income of which is less than 80 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 80 percent of area median income.
(
Editorial Notes
Codification
Section was enacted as part of
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "greenhouse gas", "Secretary", "State", "State energy office", and "State Energy Program" as used in this section, see section 50111 of
§18795a. High-efficiency electric home rebate program
(a) Appropriations
(1) Funds to State energy offices and Indian Tribes
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, to carry out a program—
(A) to award grants to State energy offices to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $4,275,000,000, to remain available through September 30, 2031; and
(B) to award grants to Indian Tribes to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $225,000,000, to remain available through September 30, 2031.
(2) Allocation of funds
(A) State energy offices
The Secretary shall reserve funds made available under paragraph (1)(A) for each State energy office—
(i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
(B) Indian Tribes
The Secretary shall reserve funds made available under paragraph (1)(B)—
(i) in a manner determined appropriate by the Secretary; and
(ii) to be distributed to an Indian Tribe if the application of the Indian Tribe under subsection (b) is approved.
(C) Additional funds
Not earlier than 2 years after August 16, 2022, any money reserved under—
(i) subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a high-efficiency electric home rebate program in proportion to the amount distributed to those State energy offices under that clause; and
(ii) subparagraph (B) but not distributed under clause (ii) of that subparagraph shall be redistributed to the Indian Tribes operating a high-efficiency electric home rebate program in proportion to the amount distributed to those Indian Tribes under that clause.
(3) Administrative expenses
Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for—
(A) administrative purposes; and
(B) providing technical assistance relating to activities carried out under this section.
(b) Application
A State energy office or Indian Tribe seeking a grant under the program shall submit to the Secretary an application that includes a plan to implement a high-efficiency electric home rebate program, including—
(1) a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project;
(2) a plan to allow rebates for qualified electrification projects at the point of sale in a manner that ensures that the income eligibility of an eligible entity seeking a rebate may be verified at the point of sale;
(3) a plan to ensure that an eligible entity does not receive a rebate for the same qualified electrification project through both a high-efficiency electric home rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(8); and
(4) any additional information that the Secretary may require.
(c) High-efficiency electric home rebate program
(1) In general
Under the program, the Secretary shall award grants to State energy offices and Indian Tribes to establish a high-efficiency electric home rebate program under which rebates shall be provided to eligible entities for qualified electrification projects.
(2) Guidelines
The Secretary shall prescribe guidelines for high-efficiency electric home rebate programs, including guidelines for providing point of sale rebates in a manner consistent with the income eligibility requirements under this section.
(3) Amount of rebate
(A) Appliance upgrades
The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of an appliance under a qualified electrification project shall be—
(i) not more than $1,750 for a heat pump water heater;
(ii) not more than $8,000 for a heat pump for space heating or cooling; and
(iii) not more than $840 for—
(I) an electric stove, cooktop, range, or oven; or
(II) an electric heat pump clothes dryer.
(B) Nonappliance upgrades
The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of a nonappliance upgrade under a qualified electrification project shall be—
(i) not more than $4,000 for an electric load service center upgrade;
(ii) not more than $1,600 for insulation, air sealing, and ventilation; and
(iii) not more than $2,500 for electric wiring.
(C) Maximum rebate
An eligible entity receiving multiple rebates under this section may receive not more than a total of $14,000 in rebates.
(4) Limitations
A rebate provided using funding under this section shall not exceed—
(A) in the case of an eligible entity described in subsection (d)(1)(A)—
(i) 50 percent of the cost of the qualified electrification project for a household the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified electrification project for a household the annual income of which is less than 80 percent of the area median income;
(B) in the case of an eligible entity described in subsection (d)(1)(B)—
(i) 50 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is less than 80 percent of the area median income; or
(C) in the case of an eligible entity described in subsection (d)(1)(C)—
(i) 50 percent of the cost of the qualified electrification project for a household—
(I) on behalf of which the eligible entity is working; and
(II) the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified electrification project for a household—
(I) on behalf of which the eligible entity is working; and
(II) the annual income of which is less than 80 percent of the area median income.
(5) Amount for installation of upgrades
(A) In general
In the case of an eligible entity described in subsection (d)(1)(C) that receives a rebate under the program and performs the installation of the applicable qualified electrification project, a State energy office or Indian Tribe shall provide to that eligible entity, in addition to the rebate, an amount that—
(i) does not exceed $500; and
(ii) is commensurate with the scale of the upgrades installed as part of the qualified electrification project, as determined by the Secretary.
(B) Treatment
An amount received under subparagraph (A) by an eligible entity described in that subparagraph shall not be subject to the requirement under paragraph (6).
(6) Requirement
An eligible entity described in subparagraph (C) of subsection (d)(1) shall discount the amount of a rebate received for a qualified electrification project from any amount charged by that eligible entity to the eligible entity described in subparagraph (A) or (B) of that subsection on behalf of which the qualified electrification project is carried out.
(7) Exemption
Activities carried out by a State energy office using a grant provided under the program shall not be subject to the expenditure prohibitions and limitations described in section 420.18 of title 10, Code of Federal Regulations.
(8) Prohibition on combining rebates
A rebate provided by a State energy office or Indian Tribe under a high-efficiency electric home rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a HOMES rebate program (as defined in
(9) Administrative costs
A State energy office or Indian Tribe that receives a grant under the program shall use not more than 20 percent of the grant amount for planning, administration, or technical assistance relating to a high-efficiency electric home rebate program.
(d) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means—
(A) a low- or moderate-income household;
(B) an individual or entity that owns a multifamily building not less than 50 percent of the residents of which are low- or moderate-income households; and
(C) a governmental, commercial, or nonprofit entity, as determined by the Secretary, carrying out a qualified electrification project on behalf of an entity described in subparagraph (A) or (B).
(2) High-efficiency electric home rebate program
The term "high-efficiency electric home rebate program" means a rebate program carried out by a State energy office or Indian Tribe pursuant to subsection (c) using a grant received under the program.
(3) Indian Tribe
The term "Indian Tribe" has the meaning given the term in
(4) Low- or moderate-income household
The term "low- or moderate-income household" means an individual or family the total annual income of which is less than 150 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 150 percent of area median income.
(5) Program
The term "program" means the program carried out by the Secretary under subsection (a)(1).
(6) Qualified electrification project
(A) In general
The term "qualified electrification project" means a project that—
(i) includes the purchase and installation of—
(I) an electric heat pump water heater;
(II) an electric heat pump for space heating and cooling;
(III) an electric stove, cooktop, range, or oven;
(IV) an electric heat pump clothes dryer;
(V) an electric load service center;
(VI) insulation;
(VII) air sealing and materials to improve ventilation; or
(VIII) electric wiring;
(ii) with respect to any appliance described in clause (i), the purchase of which is carried out—
(I) as part of new construction;
(II) to replace a nonelectric appliance; or
(III) as a first-time purchase with respect to that appliance; and
(iii) is carried out at, or relating to, a single-family home or multifamily building, as applicable and defined by the Secretary.
(B) Exclusions
The term "qualified electrification project" does not include any project with respect to which the appliance, system, equipment, infrastructure, component, or other item described in subclauses (I) through (VIII) of subparagraph (A)(i) is not certified under the Energy Star program established by
(
Editorial Notes
Codification
Section was enacted as part of
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary", "State energy office", and "State Energy Program" as used in this section, see section 50111 of
§18795b. State-based home energy efficiency contractor training grants
(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, $200,000,000, to remain available through September 30, 2031, to carry out a program to provide financial assistance to States to develop and implement a State program described in
(b) Use of funds
A State may use amounts received under subsection (a)—
(1) to reduce the cost of training contractor employees;
(2) to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and
(3) to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a).
(c) Administrative expenses
Of the amounts received by a State under subsection (a), a State shall use not more than 10 percent for administrative expenses associated with developing and implementing a State program pursuant to that subsection.
(
Editorial Notes
Codification
Section was enacted as part of
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary", "State", and "State Energy Program" as used in this section, see section 50111 of
Part B—Buildings
§18801. Building, training, and assessment centers
(a) In general
The Secretary shall provide grants to institutions of higher education (as defined in
(1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation;
(4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians;
(5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and
(6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States.
(b) Coordination and nonduplication
(1) In general
The Secretary shall coordinate the program with the industrial research and assessment centers program under
(2) Collocation
To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with industrial research and assessment centers (as defined in
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18802. Career skills training
(a) Definition of eligible entity
In this section, the term "eligible entity" means a nonprofit partnership that—
(1) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor-management training programs;
(2) may include workforce investment boards, community-based organizations, qualified service and conservation corps, educational institutions, small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and
(3) demonstrates—
(A) experience in implementing and operating worker skills training and education programs;
(B) the ability to identify and involve in training programs carried out under this section, target populations of individuals who would benefit from training and be actively involved in activities relating to energy efficiency and renewable energy industries; and
(C) the ability to help individuals achieve economic self-sufficiency.
(b) Establishment
The Secretary shall award grants to eligible entities to pay the Federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies.
(c) Federal share
The Federal share of the cost of carrying out a career skills training program described in subsection (b) shall be 50 percent.
(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18803. Commercial building energy consumption information sharing
(a) Definitions
In this section:
(1) Administrator
The term "Administrator" means the Administrator of the Energy Information Administration.
(2) Agreement
The term "Agreement" means the agreement entered into under subsection (b).
(3) Survey
The term "Survey" means the Commercial Building Energy Consumption Survey.
(b) Authorization of Agreement
Not later than 120 days after November 15, 2021, the Administrator and the Administrator of the Environmental Protection Agency shall sign, and submit to Congress, an information sharing agreement relating to commercial building energy consumption data.
(c) Content of Agreement
The Agreement shall—
(1) provide, to the extent permitted by law, that—
(A) the Administrator shall have access to building-specific data in the Portfolio Manager database of the Environmental Protection Agency; and
(B) the Administrator of the Environmental Protection Agency shall have access to building-specific data collected by the Survey;
(2) describe the manner in which the Administrator shall use the data described in paragraph (1) and subsection (d);
(3) describe and compare—
(A) the methodologies that the Energy Information Administration, the Environmental Protection Agency, and State and local government managers use to maximize the quality, reliability, and integrity of data collected through the Survey, the Portfolio Manager database of the Environmental Protection Agency, and State and local building energy disclosure laws (including regulations), respectively, and the manner in which those methodologies can be improved; and
(B) consistencies and variations in data for the same buildings captured in—
(i)(I) the 2018 Survey cycle; and
(II) each subsequent Survey cycle; and
(ii) the Portfolio Manager database of the Environmental Protection Agency; and
(4) consider whether, and the methods by which, the Administrator may collect and publish new iterations of Survey data every 3 years—
(A) using the Survey processes of the Administrator; or
(B) as supplemented by information in the Portfolio Manager database of the Environmental Protection Agency.
(d) Data
The data referred in subsection (c)(2) includes data that—
(1) is collected through the Portfolio Manager database of the Environmental Protection Agency;
(2) is required to be publicly available on the internet under State and local government building energy disclosure laws (including regulations); and
(3) includes information on private sector buildings that are not less than 250,000 square feet.
(e) Protection of information
In carrying out the agreement, the Administrator and the Administrator of the Environmental Protection Agency shall protect information in accordance with—
(1)
(2) subchapter III of
(3) any other applicable law (including regulations).
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Part C—Smart Manufacturing
§18811. Definitions
In this part:
(1) Energy management system
The term "energy management system" means a business management process based on standards of the American National Standards Institute that enables an organization to follow a systematic approach in achieving continual improvement of energy performance, including energy efficiency, security, use, and consumption.
(2) Industrial research and assessment center
The term "industrial research and assessment center" means a center located at an institution of higher education, a trade school, a community college, or a union training program that—
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant site; and
(C) identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements, waste minimization, pollution prevention, and productivity improvement.
(3) Information and communication technology
The term "information and communication technology" means any electronic system or equipment (including the content contained in the system or equipment) used to create, convert, communicate, or duplicate data or information, including computer hardware, firmware, software, communication protocols, networks, and data interfaces.
(4) Institution of higher education
The term "institution of higher education" has the meaning given the term in
(5) North American Industry Classification System
The term "North American Industry Classification System" means the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data relating to the business economy of the United States.
(6) Small and medium manufacturers
The term "small and medium manufacturers" means manufacturing firms—
(A) classified in the North American Industry Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than $100,000,000;
(C) with fewer than 500 employees at the plant site; and
(D) with annual energy bills totaling more than $100,000 and less than $3,500,000.
(7) Smart manufacturing
The term "smart manufacturing" means advanced technologies in information, automation, monitoring, computation, sensing, modeling, artificial intelligence, analytics, and networking that—
(A) digitally—
(i) simulate manufacturing production lines;
(ii) operate computer-controlled manufacturing equipment;
(iii) monitor and communicate production line status; and
(iv) manage and optimize energy productivity and cost throughout production;
(B) model, simulate, and optimize the energy efficiency of a factory building;
(C) monitor and optimize building energy performance;
(D) model, simulate, and optimize the design of energy efficient and sustainable products, including the use of digital prototyping and additive manufacturing to enhance product design;
(E) connect manufactured products in networks to monitor and optimize the performance of the networks, including automated network operations; and
(F) digitally connect the supply chain network.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18812. Leveraging existing agency programs to assist small and medium manufacturers
The Secretary shall expand the scope of technologies covered by the industrial research and assessment centers of the Department—
(1) to include smart manufacturing technologies and practices; and
(2) to equip the directors of the industrial research and assessment centers with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices, including energy management systems, to manufacturers.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18813. Leveraging smart manufacturing infrastructure at National Laboratories
(a) Study
(1) In general
Not later than 180 days after November 15, 2021, the Secretary shall conduct a study on how the Department can increase access to existing high-performance computing resources in the National Laboratories, particularly for small and medium manufacturers.
(2) Inclusions
In identifying ways to increase access to National Laboratories under paragraph (1), the Secretary shall—
(A) focus on increasing access to the computing facilities of the National Laboratories; and
(B) ensure that—
(i) the information from the manufacturer is protected; and
(ii) the security of the National Laboratory facility is maintained.
(3) Report
Not later than 1 year after November 15, 2021, the Secretary shall submit to Congress a report describing the results of the study.
(b) Actions for increased access
The Secretary shall facilitate access to the National Laboratories studied under subsection (a) for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the National Laboratories to enhance the manufacturing competitiveness of the United States.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18814. State manufacturing leadership
(a) Financial assistance authorized
The Secretary may provide financial assistance on a competitive basis to States for the establishment of programs to be used as models for supporting the implementation of smart manufacturing technologies.
(b) Applications
(1) In general
To be eligible to receive financial assistance under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(2) Criteria
The Secretary shall evaluate an application for financial assistance under this section on the basis of merit using criteria identified by the Secretary, including—
(A) technical merit, innovation, and impact;
(B) research approach, workplan, and deliverables;
(C) academic and private sector partners; and
(D) alternate sources of funding.
(c) Requirements
(1) Term
The term of an award of financial assistance under this section shall not exceed 3 years.
(2) Maximum amount
The amount of an award of financial assistance under this section shall be not more than $2,000,000.
(3) Matching requirement
Each State that receives financial assistance under this section shall contribute matching funds in an amount equal to not less than 30 percent of the amount of the financial assistance.
(d) Use of funds
A State may use financial assistance provided under this section—
(1) to facilitate access to high-performance computing resources for small and medium manufacturers; and
(2) to provide assistance to small and medium manufacturers to implement smart manufacturing technologies and practices.
(e) Evaluation
The Secretary shall conduct semiannual evaluations of each award of financial assistance under this section—
(1) to determine the impact and effectiveness of programs funded with the financial assistance; and
(2) to provide guidance to States on ways to better execute the program of the State.
(f) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18815. Report
The Secretary annually shall submit to Congress and make publicly available a report on the progress made in advancing smart manufacturing in the United States.
(
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Part D—Schools and Nonprofits
§18831. Grants for energy efficiency improvements and renewable energy improvements at public school facilities
(a) Definitions
In this section:
(1) Alternative fueled vehicle
The term "alternative fueled vehicle" has the meaning given the term in
(2) Alternative fueled vehicle infrastructure
The term "alternative fueled vehicle infrastructure" means infrastructure used to charge or fuel an alternative fueled vehicle.
(3) Eligible entity
The term "eligible entity" means a consortium of—
(A) 1 local educational agency; and
(B) 1 or more—
(i) schools;
(ii) nonprofit organizations that have the knowledge and capacity to partner and assist with energy improvements;
(iii) for-profit organizations that have the knowledge and capacity to partner and assist with energy improvements; or
(iv) community partners that have the knowledge and capacity to partner and assist with energy improvements.
(4) Energy improvement
The term "energy improvement" means—
(A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building;
(B) any improvement, repair, or renovation to, or installation in, a school that—
(i) leads to an improvement in teacher and student health, including indoor air quality; and
(ii) achieves energy savings;
(C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies;
(D) the installation of alternative fueled vehicle infrastructure on school grounds for—
(i) exclusive use of school buses, school fleets, or students; or
(ii) the general public; and
(E) the purchase or lease of alternative fueled vehicles to be used by a school, including school buses, fleet vehicles, and other operational vehicles.
(5) High school
The term "high school" has the meaning given the term in
(6) Local educational agency
The term "local educational agency" has the meaning given the term in
(7) Nonprofit organization
The term "nonprofit organization" means—
(A) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or
(B) a mutual or cooperative electric company described in section 501(c)(12) of such Code.
(8) Partnering local educational agency
The term "partnering local educational agency", with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity.
(b) Grants
The Secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section.
(c) Applications
(1) In general
An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(2) Contents
The application submitted under paragraph (1) shall include each of the following:
(A) A needs assessment of the current condition of the school and school facilities that would receive the energy improvements if the application were approved.
(B) A draft work plan of the intended achievements of the eligible entity at the school.
(C) A description of the energy improvements that the eligible entity would carry out at the school if the application were approved.
(D) A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C).
(E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable.
(F) An assessment of the expected energy efficiency, energy savings, and safety benefits of the energy improvements.
(G) A cost estimate of the proposed energy improvements.
(H) An identification of other resources that are available to carry out the activities for which grant funds are requested under this section, including the availability of utility programs and public benefit funds.
(d) Priority
(1) In general
In awarding grants under this section, the Secretary shall give priority to an eligible entity—
(A) that has renovation, repair, and improvement funding needs;
(B)(i) that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (
(ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census; and
(C) that leverages private sector investment through energy-related performance contracting.
(2) High school students
In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(B)(i) shall be calculated using data from the schools that feed into the high school.
(e) Competitive criteria
The competitive criteria used by the Secretary to award grants under this section shall include the following:
(1) The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local educational agency for those energy improvements, including consideration of—
(A) the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, modernization, and major repair projects for schools;
(B) the ability of the partnering local educational agency to issue bonds or receive other funds to support the current infrastructure needs of the partnering local educational agency for schools; and
(C) the bond rating of the partnering local educational agency.
(2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements.
(3) The potential energy efficiency and safety benefits from the proposed energy improvements.
(f) Use of grant amounts
(1) In general
Except as provided in this subsection, an eligible entity receiving a grant under this section shall use the grant amounts only to make the energy improvements described in the application submitted by the eligible entity under subsection (c).
(2) Operation and maintenance training
An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training.
(3) Third-party investigation and analysis
An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning.
(4) Continuing education
An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements.
(g) Competition in contracting
If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process—
(1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and
(2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out.
(h) Best practices
The Secretary shall develop and publish guidelines and best practices for activities carried out under this section.
(i) Report by eligible entity
An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing—
(1) the use of the grant funds for energy improvements;
(2) the estimated cost savings realized by those energy improvements;
(3) the results of any third-party investigation and analysis conducted relating to those energy improvements;
(4) the use of any utility programs and public benefit funds; and
(5) the use of performance tracking for energy improvements, such as—
(A) the Energy Star program established under
(B) the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for existing buildings.
(j) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.
(
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (a)(7), is classified generally to Title 26, Internal Revenue Code.
The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(1)(B)(i), is act June 4, 1946, ch. 281,
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18832. Energy efficiency materials pilot program
(a) Definitions
In this section:
(1) Applicant
The term "applicant" means a nonprofit organization that applies for a grant under this section.
(2) Energy-efficiency material
(A) In general
The term "energy-efficiency material" means a material (including a product, equipment, or system) the installation of which results in a reduction in use by a nonprofit organization of energy or fuel.
(B) Inclusions
The term "energy-efficiency material" includes—
(i) a roof or lighting system or component of the system;
(ii) a window;
(iii) a door, including a security door; and
(iv) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system).
(3) Nonprofit building
The term "nonprofit building" means a building operated and owned by an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
(b) Establishment
Not later than 1 year after November 15, 2021, the Secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials.
(c) Grants
(1) In general
The Secretary may award grants under the program established under subsection (b).
(2) Application
The Secretary may award a grant under paragraph (1) if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe.
(3) Criteria for grant
In determining whether to award a grant under paragraph (1), the Secretary shall apply performance-based criteria, which shall give priority to applicants based on—
(A) the energy savings achieved;
(B) the cost effectiveness of the use of energy-efficiency materials;
(C) an effective plan for evaluation, measurement, and verification of energy savings; and
(D) the financial need of the applicant.
(4) Limitation on individual grant amount
Each grant awarded under this section shall not exceed $200,000.
(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.
(
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (a)(3), is classified generally to Title 26, Internal Revenue Code.
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Part E—Miscellaneous
§18841. Survey, analysis, and report on employment and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States
(a) Energy Jobs Council
(1) Establishment
The Secretary shall establish a council, to be known as the "Energy Jobs Council" (referred to in this section as the "Council").
(2) Membership
The Council shall be comprised of—
(A) to be appointed by the Secretary—
(i) 1 or more representatives of the Energy Information Administration; and
(ii) 1 or more representatives of a State energy office that are serving as members of the State Energy Advisory Board established by
(B) to be appointed by the Secretary of Commerce—
(i) 1 or more representatives of the Department of Commerce; and
(ii) 1 or more representatives of the Bureau of the Census;
(C) 1 or more representatives of the Bureau of Labor Statistics, to be appointed by the Secretary of Labor; and
(D) 1 or more representatives of any other Federal agency the assistance of which is required to carry out this section, as determined by the Secretary, to be appointed by the head of the applicable agency.
(b) Survey and analysis
(1) In general
The Council shall—
(A) conduct a survey of employers in the energy, energy efficiency, and motor vehicle sectors of the economy of the United States; and
(B) perform an analysis of the employment figures and demographics in those sectors, including the number of personnel in each sector who devote a substantial portion of working hours, as determined by the Secretary, to regulatory compliance matters.
(2) Methodology
In conducting the survey and analysis under paragraph (1), the Council shall employ a methodology that—
(A) was approved in 2016 by the Office of Management and Budget for use in the document entitled "OMB Control Number 1910–5179";
(B) uses a representative, stratified sampling of businesses in the United States; and
(C) is designed to elicit a comparable number of responses from businesses in each State and with the same North American Industry Classification System codes as were received for the 2016 and 2017 reports entitled "U.S. Energy and Employment Report".
(3) Consultation
In conducting the survey and analysis under paragraph (1), the Council shall consult with key stakeholders, including—
(A) as the Council determines to be appropriate, the heads of relevant Federal agencies and offices, including—
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the Census;
(iv) the Commissioner of the Bureau of Labor Statistics; and
(v) the Administrator of the Environmental Protection Agency;
(B) States;
(C) the State Energy Advisory Board established by
(D) energy industry trade associations.
(c) Report
(1) In general
Not later than 1 year after November 15, 2021, and annually thereafter, the Secretary shall—
(A) make publicly available on the website of the Department a report, to be entitled the "U.S. Energy and Employment Report", describing the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States, and the average number of hours devoted to regulatory compliance, based on the survey and analysis conducted under subsection (b); and
(B) subject to the requirements of subchapter III of
(2) Contents
(A) In general
The report under paragraph (1) shall include employment figures and demographic data for—
(i) the energy sector of the economy of the United States, including—
(I) the electric power generation and fuels sector; and
(II) the transmission, storage, and distribution sector;
(ii) the energy efficiency sector of the economy of the United States; and
(iii) the motor vehicle sector of the economy of the United States.
(B) Inclusion
With respect to each sector described in subparagraph (A), the report under paragraph (1) shall include employment figures and demographic data sorted by—
(i) each technology, subtechnology, and fuel type of those sectors; and
(ii) subject to the requirements of the Confidential Information Protection and Statistical Efficiency Act of 2002 (
(I) each State;
(II) each territory of the United States;
(III) the District of Columbia; and
(IV) each county (or equivalent jurisdiction) in the United States.
(
Editorial Notes
References in Text
The Confidential Information Protection and Statistical Efficiency Act of 2002, referred to in subsec. (c)(2)(B)(ii), is title V of
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18842. Model guidance for combined heat and power systems and waste heat to power systems
(a) Definitions
In this section:
(1) Additional services
The term "additional services" means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2) Waste heat to power system
The term "waste heat to power system" means a system that generates electricity through the recovery of waste energy.
(3) Other terms
(A) Purpa
The terms "electric consumer", "electric utility", "interconnection service", "nonregulated electric utility", and "State regulatory authority" have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 (
(B) EPCA
The terms "combined heat and power system" and "waste energy" have the meanings given those terms in
(b) Review
(1) In general
Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power systems.
(2) Inclusion
The review under this subsection shall include a review of existing rules and procedures relating to—
(A) determining and assigning costs of interconnection service and additional services; and
(B) ensuring adequate cost recovery by an electric utility for interconnection service and additional services.
(c) Model guidance
(1) In general
Not later than 18 months after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1).
(2) Current best practices
The model guidance issued under this subsection shall reflect, to the maximum extent practicable, current best practices to encourage the deployment of combined heat and power systems and waste heat to power systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks to which the units connect, including—
(A) relevant current standards developed by the Institute of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by—
(i) States; or
(ii) associations of State regulatory agencies.
(3) Factors for consideration
In establishing the model guidance under this subsection, the Secretary shall take into consideration—
(A) the appropriateness of using standards or procedures for interconnection service that vary based on unit size, fuel type, or other relevant characteristics;
(B) the appropriateness of establishing fast-track procedures for interconnection service;
(C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of November 15, 2021;
(D) the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services;
(E) the appropriate duration, magnitude, or usage of demand charge ratchets;
(F) potential alternative arrangements with respect to the procurement of additional services, including—
(i) contracts tailored to individual electric consumers for additional services;
(ii) procurement of additional services by an electric utility from a competitive market; and
(iii) waivers of fees or rates for additional services for small electric consumers; and
(G) outcomes such as increased electric reliability, fuel diversification, enhanced power quality, and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems.
(
Editorial Notes
References in Text
The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a)(3)(A), is
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
SUBCHAPTER VI—WAGE RATE REQUIREMENTS
§18851. Wage rate requirements
(a) Davis-Bacon
All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this division or an amendment made by this division shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of
(b) Authority
With respect to the labor standards specified in subsection (a), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (
(
Editorial Notes
References in Text
This division, referred to in subsec. (a), is div. D of
The Davis-Bacon Act, referred to in subsec. (a), is act Mar. 3, 1931, ch. 411,
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b), is set out in the Appendix to Title 5, Government Organization and Employees.
SUBCHAPTER VII—MISCELLANEOUS
§18861. Office of Clean Energy Demonstrations
(a) Definitions
In this section:
(1) Covered project
The term "covered project" means a demonstration project of the Department that—
(A) receives or is eligible to receive funding from the Secretary; and
(B) is authorized under—
(i) this division; or
(ii) the Energy Act of 2020 (
(2) Program
The term "program" means the program established under subsection (b).
(b) Establishment
The Secretary, in coordination with the heads of relevant program offices of the Department, including the Office of Technology Transitions, the Loan Program Office, and all applied program offices, shall establish a program to conduct project management and oversight of covered projects, including by—
(1) conducting evaluations of proposals for covered projects before the selection of a covered project for funding;
(2) conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and
(3) ensuring a balanced portfolio of investments in covered projects.
(c) Duties
The Secretary shall appoint a head of the program who shall, in coordination with the heads of relevant program offices of the Department—
(1) evaluate proposals for covered projects, including scope, technical specifications, maturity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based on economic and policy projections;
(2) develop independent cost estimates for a proposal for a covered project, if appropriate;
(3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project;
(4) oversee the execution of covered projects that receive funding from the Secretary, including reconciling estimated costs as compared to actual costs;
(5) conduct reviews of ongoing covered projects, including—
(A) evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones; and
(B) providing the evaluations under subparagraph (A) to the Secretary; and
(6) assess the lessons learned in overseeing covered projects and implement improvements in the process of evaluating and overseeing covered projects.
(d) Employees
To carry out the program, the Secretary may hire appropriate personnel, including by using the authorities in
(e) Additional authority
The Secretary may solicit, select, and manage covered projects directly through the program.
(f) Project termination
Should an ongoing covered project receive an unfavorable review under subsection (c)(5), the Secretary or their designee may cease funding the covered project and reallocate the remaining funds to new or existing covered projects carried out by that program office.
(g) Coordination
In carrying out the program, the head of the program shall coordinate with—
(1) project management and acquisition management entities with the Department, including the Office of Project Management; and
(2) professional organizations in project management, construction, cost estimation, and other relevant fields.
(h) Reports
(1) Report by Secretary
In accordance with
(A) the covered projects under the purview of the program; and
(B) the review of each covered project carried out under subsection (c)(5).
(2) Report by Comptroller General
Not later than 3 years after November 15, 2021, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the operation of the program, including—
(A) a description of the processes and procedures used by the program to evaluate proposals of covered projects and the oversight of covered projects; and
(B) any recommended changes in the program, including changes to—
(i) the processes and procedures described in subparagraph (A); and
(ii) the structure of the program, for the purpose of better carrying out the program.
(i) Omitted
(
Editorial Notes
References in Text
This division, referred to in subsec. (a)(1)(B)(i), is div. D of
The Energy Act of 2020, referred to in subsec. (a)(1)(B)(ii), is div. Z of
Codification
Section is comprised of section 41201 of div. D of
Amendments
2022—Subsec. (b).
Subsec. (d).
Subsecs. (e) to (i).
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of