### §17113b. Advanced industrial facilities deployment program

#### (a) Office of Clean Energy Demonstrations

In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Clean Energy Demonstrations, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,812,000,000, to remain available through September 30, 2026, to carry out this section.

#### (b) Financial assistance

The Secretary shall use funds appropriated by subsection (a) to provide financial assistance, on a competitive basis, to eligible entities to carry out projects for—

(1) the purchase and installation, or implementation, of advanced industrial technology at an eligible facility;

(2) retrofits, upgrades to, or operational improvements at an eligible facility to install or implement advanced industrial technology; or

(3) engineering studies and other work needed to prepare an eligible facility for activities described in paragraph (1) or (2).

#### (c) Application

To be eligible to receive financial assistance under subsection (b), 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 the expected greenhouse gas emissions reductions to be achieved by carrying out the project.

#### (d) Priority

In providing financial assistance under subsection (b), the Secretary shall give priority consideration to projects on the basis of, as determined by the Secretary—

(1) the expected greenhouse gas emissions reductions to be achieved by carrying out the project;

(2) the extent to which the project would provide the greatest benefit for the greatest number of people within the area in which the eligible facility is located; and

(3) whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility.

#### (e) Cost share

The Secretary shall require an eligible entity to provide not less than 50 percent of the cost of a project carried out pursuant to this section.

#### (f) Administrative costs

The Secretary shall reserve not more than $300,000,000 of amounts made available under subsection (a) for administrative costs of carrying out this section.

#### (g) Definitions

In this section:

#### (1) Advanced industrial technology

The term "advanced industrial technology" means a technology directly involved in an industrial process, as described in any of paragraphs (1) through (6) of section 17113(c) of this title, and designed to accelerate greenhouse gas emissions reduction progress to net-zero at an eligible facility, as determined by the Secretary.

#### (2) Eligible entity

The term "eligible entity" means the owner or operator of an eligible facility.

#### (3) Eligible facility

The term "eligible facility" means a domestic, non-Federal, nonpower industrial or manufacturing facility engaged in energy-intensive industrial processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, industrial ceramics, chemicals, and other energy intensive industrial processes, as determined by the Secretary.

#### (4) Financial assistance

The term "financial assistance" means a grant, rebate, direct loan, or cooperative agreement.

(Pub. L. 117–169, title V, §50161, Aug. 16, 2022, 136 Stat. 2049.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of Pub. L. 117–169, and not as part of the Energy Independence and Security Act of 2007 which comprises this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Definitions

Pub. L. 117–169, title V, §50111, Aug. 16, 2022, 136 Stat. 2033, provided that:

"In this subtitle [subtitle A (§§50111–50173) of title V of Pub. L. 117–169, enacting this section, sections 16517, 18715 to 18715b, and 18795 to 18795b of this title, and amending sections 16511, 16512, and 17013 of this title and section 3502 of Title 25, Indians]:

"(1) Greenhouse gas.—The term 'greenhouse gas' has the meaning given the term in section 1610(a) of the Energy Policy Act of 1992 (42 U.S.C. 13389(a)).

"(2) Secretary.—The term 'Secretary' means the Secretary of Energy.

"(3) State.—The term 'State' means a State, the District of Columbia, and a United States Insular Area (as that term is defined in section 50211 [of Pub. L. 117–169; 43 U.S.C. 3006 note]).

"(4) State energy office.—The term 'State energy office' has the meaning given the term in section 124(a) of the Energy Policy Act of 2005 (42 U.S.C. 15821(a)).

"(5) State energy program.—The term 'State Energy Program' means the State Energy Program established pursuant to part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326)."