II 

117TH CONGRESS 

2D SESSION S. 4566 

To amend the Energy Independence and Security Act of 2007 to establish 

a regional clean energy innovation program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2022 

Ms. CORTEZ MASTO (for herself and Mr. LUJA ́N) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Energy Independence and Security Act of 

2007 to establish a regional clean energy innovation program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regional Clean Energy 

5 Innovation Act of 2022’’. 

6 SEC. 2. REGIONAL CLEAN ENERGY INNOVATION PROGRAM. 

7 (a) IN GENERAL.—Subtitle C of title IX of the En8 ergy Independence and Security Act of 2007 (42 U.S.C. 


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1 17371 et seq.) is amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 936. REGIONAL CLEAN ENERGY INNOVATION PRO4 GRAM. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) COVERED ENTITY.—The term ‘covered en7 tity’ means any of the following: 

8 ‘‘(A) An institution of higher education or 

9 a consortium of institutions of higher education. 

10 ‘‘(B) A workforce training provider, includ11 ing a vocational school and community college. 

12 ‘‘(C) A private sector entity or group of 

13 private sector entities, including a trade or in14 dustry association. 

15 ‘‘(D) A nonprofit organization. 

16 ‘‘(E) A community group. 

17 ‘‘(F) A labor group. 

18 ‘‘(G) A National Laboratory. 

19 ‘‘(H) A venture development organization. 

20 ‘‘(I) A community development financial 

21 institution. 

22 ‘‘(J) A minority depository institution. 

23 ‘‘(K) A worker cooperative membership as24 sociation. 


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1 ‘‘(L) A State or local employee ownership 

2 or cooperative development center. 

3 ‘‘(M) An organization focused on clean en4 ergy technology innovation or entrepreneurship. 

5 ‘‘(N) A business accelerator or incubator. 

6 ‘‘(O) An economic development organiza7 tion. 

8 ‘‘(P) A manufacturing facility or organiza9 tion. 

10 ‘‘(Q) A clean energy incubator or clean en11 ergy accelerator. 

12 ‘‘(R) A multi-institutional collaboration of 

13 at least 3 institutions. 

14 ‘‘(S) Any other entity that the Secretary 

15 determines to be relevant. 

16 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means— 

18 ‘‘(A) a partnership of not less than 2 cov19 ered entities; and 

20 ‘‘(B) a regional clean energy innovation 

21 partnership in existence as of the date of enact22 ment of the Regional Clean Energy Innovation 

23 Act of 2022. 


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1 ‘‘(3) PROGRAM.—The term ‘program’ means 

2 the Regional Clean Energy Innovation Program es3 tablished under subsection (b). 

4 ‘‘(4) REGIONAL CLEAN ENERGY INNOVATION

5 PARTNERSHIP.—The term ‘regional clean energy in6 novation partnership’ means a partnership— 

7 ‘‘(A) among— 

8 ‘‘(i) a government entity, including a 

9 unit of State, local, or Tribal government; 

10 and 

11 ‘‘(ii) not less than 2 covered entities; 

12 and 

13 ‘‘(B) that carries out or coordinates activi14 ties or programs that further the purposes of 

15 the program described in subsection (c), includ16 ing the activities described in subsection (f). 

17 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab18 lish a research, development, demonstration, and commer19 cial application program, to be known as the ‘Regional 

20 Clean Energy Innovation Program’, to enhance the eco21 nomic, environmental, and energy security of the United 

22 States and accelerate the pace of innovation of diverse 

23 clean energy technologies through the formation of new, 

24 or support of existing, regional clean energy innovation 

25 partnerships that— 


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1 ‘‘(1) account for the diverse domestic energy re2 sources available in the United States; 

3 ‘‘(2) are responsive to the needs of industry, 

4 workforce, policy landscape, and clean energy inno5 vation capabilities of the region served by a regional 

6 clean energy innovation partnership; 

7 ‘‘(3) enhance and accelerate clean energy inno8 vation; 

9 ‘‘(4) are located in diverse geographic regions of 

10 the United States, including United States terri11 tories; and 

12 ‘‘(5) maximize the opportunities for cooperation 

13 between institutions of higher education, industry, 

14 State and local governments, and nonprofit research 

15 institutions with shared areas of energy expertise. 

16 ‘‘(c) PURPOSES.—The purposes of the program are— 

17 ‘‘(1) to improve the competitiveness of the 

18 United States in clean energy technology research, 

19 development, demonstration, and commercial appli20 cation; and 

21 ‘‘(2) to support the development of clean energy 

22 tools and technologies best suited for use in diverse 

23 regions of the United States, including in rural, trib24 al, and low-income communities. 

25 ‘‘(d) GRANTS.— 


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1 ‘‘(1) IN GENERAL.—Under the program, the 

2 Secretary shall competitively award grants to— 

3 ‘‘(A) eligible entities described in sub4 section (a)(2)(A) to establish new regional clean 

5 energy innovation partnerships; and 

6 ‘‘(B) eligible entities described in sub7 section (a)(2)(B) to support ongoing activities 

8 of those eligible entities, in accordance with the 

9 requirements of the program. 

10 ‘‘(2) GRANT AMOUNT.—The amount of a grant 

11 awarded to an eligible entity under the program in 

12 a calendar year— 

13 ‘‘(A) shall not exceed $10,000,000; and 

14 ‘‘(B) shall be, subject to a waiver by the 

15 Secretary, less than the amount of a grant 

16 awarded to the eligible entity under the pro17 gram the previous calendar year, if applicable. 

18 ‘‘(3) ADMINISTRATIVE COSTS.—The Secretary 

19 may allow an eligible entity awarded a grant under 

20 the program to allocate a portion of the grant funds 

21 for administrative or indirect costs. 

22 ‘‘(4) NON-FEDERAL COST SHARE.—In the case 

23 of a grant awarded under the program that has a 

24 term of 3 or more years, the Secretary shall require, 

25 as a condition of receipt of the grant funds, that the 


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1 non-Federal share of the cost of activities carried 

2 out using the grant funds shall be not less than 50 

3 percent of the cost of the activities during the third, 

4 fourth, and fifth year of the grant, as applicable. 

5 ‘‘(5) DURATION.— 

6 ‘‘(A) IN GENERAL.—The term of a grant 

7 awarded under the program shall not exceed 5 

8 years. 

9 ‘‘(B) RENEWAL.—A grant awarded to an 

10 eligible entity under the program may be re11 newed for a period of not more than 5 years, 

12 subject to a rigorous merit review based on the 

13 progress of the regional clean energy innovation 

14 partnership in achieving the purposes of the 

15 program described in subsection (c) and the 

16 metrics developed under subsection (h)(2). 

17 ‘‘(6) TERMINATION.—The Secretary may termi18 nate grant funding under the program to an eligible 

19 entity during the performance period if the Sec20 retary determines that the applicable regional clean 

21 energy innovation partnership is underperforming. 

22 ‘‘(e) APPLICATIONS.— 

23 ‘‘(1) IN GENERAL.—An eligible entity shall sub24 mit to the Secretary an application to receive a 

25 grant under the program at such time, in such manVerDate Sep 11 2014 22:03 Jul 22, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4566.IS S4566

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1 ner, and containing such information as the Sec2 retary may require, including— 

3 ‘‘(A) a list of members of the proposed or 

4 existing regional clean energy innovation part5 nership, the roles of those members, and any 

6 other relevant stakeholders; 

7 ‘‘(B) a description of— 

8 ‘‘(i) the geographical region served, or 

9 to be served, by the regional clean energy 

10 innovation partnership; 

11 ‘‘(ii)(I) the activities that the pro12 posed or existing regional clean energy in13 novation partnership intends to undertake; 

14 and 

15 ‘‘(II) the manner in which those ac16 tivities will achieve the purposes of the pro17 gram described in subsection (c) and the 

18 proposed outcomes described in clause (iii); 

19 and 

20 ‘‘(iii) the proposed outcomes of the re21 gional clean energy innovation partnership; 

22 ‘‘(C) an assessment of— 

23 ‘‘(i) the relevant clean energy innova24 tion assets needed in the geographical re25 gion identified under subparagraph (B)(i) 


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1 to achieve the proposed outcomes described 

2 in subparagraph (B)(iii), such as education 

3 and training programs, research facilities, 

4 infrastructure or site development, access 

5 to capital, manufacturing capabilities, or 

6 other assets; and 

7 ‘‘(ii) the clean energy resource poten8 tial of that geographical region; 

9 ‘‘(D) a plan for attracting additional 

10 funds, including identification of non-Federal 

11 funding sources, to deliver the proposed out12 comes described in subparagraph (B)(iii); 

13 ‘‘(E) a plan for partnering and collabo14 rating with community development financial 

15 institutions, minority depository institutions, 

16 labor and community groups, worker coopera17 tive membership associations, local and State 

18 employee ownership and cooperative develop19 ment centers, and other local institutions— 

20 ‘‘(i) to promote employee, community, 

21 and public ownership in the clean energy 

22 sector; and 

23 ‘‘(ii) to advance models of local eco24 nomic development that build and retain 

25 wealth in the region; 


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1 ‘‘(F) a plan for sustaining the activities of 

2 the regional clean energy innovation partnership 

3 after funds received under the program have 

4 been expended; and 

5 ‘‘(G) a proposed budget, including finan6 cial contributions from non-Federal sources. 

7 ‘‘(2) SELECTION CONSIDERATIONS.—In award8 ing grants under the program, the Secretary shall, 

9 to the maximum extent practicable— 

10 ‘‘(A) give special consideration to applica11 tions from eligible entities located in rural, trib12 al, and low-income communities; and 

13 ‘‘(B) ensure geographic diversity among 

14 the eligible entities awarded grants. 

15 ‘‘(f) PERMISSIBLE ACTIVITIES.—Activities that may 

16 be carried out by a regional clean energy innovation part17 nership established or supported using a grant awarded 

18 under the program shall include— 

19 ‘‘(1) facilitating the commercial application of 

20 clean energy products, processes, and services, in21 cluding through research, development, demonstra22 tion, or technology transfer; 

23 ‘‘(2) improving strategic and cost-effective co24 ordination among the partners of the regional clean 

25 energy innovation partnership; 


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1 ‘‘(3) improving stakeholder involvement in de2 veloping the goals and activities of the regional clean 

3 energy innovation partnership; 

4 ‘‘(4) assessing different incentive mechanisms 

5 for clean energy development and commercial appli6 cation in the region served by the regional clean en7 ergy innovation partnership; 

8 ‘‘(5) hosting events and conferences; 

9 ‘‘(6) establishing and updating roadmaps to 

10 measure progress on relevant goals, including goals 

11 relevant to metrics developed under subsection 

12 (h)(2); and 

13 ‘‘(7) any other activity determined appropriate 

14 by the Secretary to achieve the purposes of the pro15 gram described in subsection (c). 

16 ‘‘(g) PLANNING AWARDS.—The Secretary may com17 petitively award grants to a covered entity or a govern18 ment entity, including a State, local, or tribal government, 

19 or unit of such government, in an amount not greater than 

20 $2,000,000, for a term of not more than 2 years, to con21 duct planning for the purpose of establishing a regional 

22 clean energy innovation partnership. 

23 ‘‘(h) ADMINISTRATION.— 

24 ‘‘(1) BEST PRACTICES.—As part of the pro25 gram, the Secretary shall support the gathering, 


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1 analysis, and dissemination of information on best 

2 practices for developing and operating successful re3 gional clean energy innovation partnerships. 

4 ‘‘(2) METRICS.—The Secretary shall collaborate 

5 with program evaluation experts to develop and 

6 make publicly available metrics by which to measure 

7 the progress of a regional clean energy innovation 

8 partnership in achieving the purposes of the pro9 gram described in subsection (c), including, as a re10 sult of activities carried out under the regional clean 

11 energy innovation partnership— 

12 ‘‘(A) the number and quality of— 

13 ‘‘(i) new clean energy companies cre14 ated in the region, including clean energy 

15 companies created or preserved through 

16 employee ownership and cooperative devel17 opment; 

18 ‘‘(ii) new or expanded workforce devel19 opment or training programs in the region; 

20 and 

21 ‘‘(iii) support services provided to 

22 clean energy technology developers in the 

23 region; 

24 ‘‘(B) changes in clean energy employment 

25 in the region; 


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1 ‘‘(C) the amount of capital investment in 

2 clean energy companies in the region; and 

3 ‘‘(D) the completion of new or updated 

4 clean energy resource assessments in the re5 gion. 

6 ‘‘(3) COORDINATION.—In carrying out the pro7 gram, the Secretary shall coordinate with, and avoid 

8 unnecessary duplication of— 

9 ‘‘(A) activities under other research enti10 ties of the Department, including the National 

11 Laboratories, the Office of Science, the Ad12 vanced Research Projects Agency—Energy, the 

13 Office of Technology Transitions, Energy Inno14 vation Hubs, and Energy Frontier Research 

15 Centers; and 

16 ‘‘(B) relevant programs at other Federal 

17 agencies, including— 

18 ‘‘(i) programs under the Office of In19 novation and Entrepreneurship of the Eco20 nomic Development Administration; 

21 ‘‘(ii) the regional innovation program 

22 established under section 27 of the Steven23 son-Wydler Technology Innovation Act of 

24 1980 (15 U.S.C. 3722); 


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1 ‘‘(iii) the Hollings Manufacturing Ex2 tension Partnership established under sec3 tion 25 of the National Institute of Stand4 ards and Technology Act (15 U.S.C. 

5 278k); 

6 ‘‘(iv) the Manufacturing USA Pro7 gram established under section 34 of the 

8 National Institute of Standards and Tech9 nology Act (15 U.S.C. 278s); 

10 ‘‘(v) the Defense Manufacturing Com11 munity Support Program established under 

12 section 846 of the John S. McCain Na13 tional Defense Authorization Act for Fiscal 

14 Year 2019 (10 U.S.C. 2501 note; Public 

15 Law 115–232); 

16 ‘‘(vi) the Office of Economic Adjust17 ment of the Department of Defense; 

18 ‘‘(vii) programs under the rural devel19 opment mission area of the Department of 

20 Agriculture; and 

21 ‘‘(viii) programs under the energy and 

22 mineral resources mission area of the De23 partment of the Interior. 

24 ‘‘(4) CONFLICTS OF INTEREST.—In carrying 

25 out the program, the Secretary shall maintain conVerDate Sep 11 2014 22:03 Jul 22, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4566.IS S4566

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1 flict of interest procedures consistent with the con2 flict of interest procedures of the Department. 

3 ‘‘(i) REPORTS AND PLAN.— 

4 ‘‘(1) ANNUAL REPORT.—As part of the annual 

5 budget of the Department submitted to Congress for 

6 a fiscal year, the Secretary shall annually submit to 

7 Congress a report that describes the activities car8 ried out by each regional clean energy innovation 

9 partnership established or supported using grants 

10 awarded under the program during the fiscal year 

11 covered by the report. 

12 ‘‘(2) STRATEGIC PLAN.—Not later than 1 year 

13 after the date of enactment of the Regional Clean 

14 Energy Innovation Act of 2022, and not less fre15 quently than once every 5 years thereafter, the Sec16 retary shall submit to Congress a 5-year strategic 

17 plan describing how the Secretary shall utilize re18 gional clean energy innovation partnerships to de19 ploy clean energy technologies. 

20 ‘‘(3) EVALUATION BY COMPTROLLER GEN21 ERAL.—Not later than 3 years after the date of en22 actment of the Regional Clean Energy Innovation 

23 Act of 2022, and every 3 years thereafter, the 

24 Comptroller General of the United States shall sub25 mit to the Committee on Science, Space, and TechVerDate Sep 11 2014 22:03 Jul 22, 2022 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4566.IS S4566

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1 nology of the House of Representatives and the 

2 Committee on Energy and Natural Resources of the 

3 Senate an evaluation of the operation of the pro4 gram during the most recent 3-year period, includ5 ing— 

6 ‘‘(A) an assessment of the progress made 

7 in achieving the purposes described in sub8 section (c) based on the metrics developed 

9 under subsection (h)(2); 

10 ‘‘(B) the short-term and long-term metrics 

11 used to determine the success of the program 

12 under subsection (h)(2), and any recommended 

13 changes to those metrics; 

14 ‘‘(C) the regional clean energy innovation 

15 partnerships established or supported by grants 

16 received under the program; and 

17 ‘‘(D) any recommendations for improve18 ment to the program. 

19 ‘‘(j) SECURITY.—In carrying out this section, the 

20 Secretary shall ensure that proper security controls are 

21 in place to protect sensitive information, as appropriate. 

22 ‘‘(k) FUNDING.— 

23 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to the SecVerDate Sep 11 2014 22:03 Jul 22, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4566.IS S4566

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1 retary to carry out this section $50,000,000 for each 

2 of fiscal years 2022 through 2026. 

3 ‘‘(2) ADDITIONAL FUNDING.—The Secretary 

4 may accept funds from other Federal agencies to 

5 support funding and activities under the program. 

6 ‘‘(3) NO FUNDS FOR CONSTRUCTION.—None of 

7 the funds made available to carry out the program 

8 may be used for construction.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the Energy Independence and Security 

11 Act of 2007 (Public Law 110–140; 121 Stat. 1497) is 

12 amended by adding at the end of the items relating to 

13 subtitle C of title IX the following: 

‘‘Sec. 936. Regional Clean Energy Innovation Program.’’. 

Æ 


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