II 

★(Star Print)

115TH CONGRESS 

1ST SESSION S. 987 

To transition away from fossil fuel sources of energy to 100 percent clean 

and renewable energy by 2050, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2017 

Mr. MERKLEY (for himself, Mr. SANDERS, Mr. MARKEY, and Mr. BOOKER) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To transition away from fossil fuel sources of energy to 

100 percent clean and renewable energy by 2050, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘100 by ’50 Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes; statement of policy. 

Sec. 3. Definitions. 


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TITLE I—CLEAN AND RENEWABLE ENERGY FOR ALL 

Sec. 101. Making public transportation affordable and accessible. 

Sec. 102. Making solar energy affordable and accessible to low-income and disadvantaged families. 

Sec. 103. Making energy efficiency retrofits affordable and accessible to low-income and disadvantaged families. 

Sec. 104. Making electricity affordable for low income and disadvantaged families. 

Sec. 105. Increasing sustainable community development capacity. 

Sec. 106. Training workers for jobs in clean energy. 

Sec. 107. Requirements for apprenticeship programs and employment of targeted workers. 

TITLE II—JUST TRANSITION FOR WORKERS 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Subtitle A—Adjustment Assistance Program 

PART I—GROUP CERTIFICATION

Sec. 211. Petitions. 

Sec. 212. Group eligibility requirements. 

Sec. 213. Determinations and certifications. 

Sec. 214. Subpoena power. 

Sec. 215. Judicial review. 

PART II—INDIVIDUAL APPLICATIONS; TERMINATION OF ASSISTANCE

Sec. 221. Adjustment assistance. 

Sec. 222. Termination of adjustment assistance. 

PART III—FEDERALLY FUNDED UNEMPLOYMENT COMPENSATION

Sec. 231. Temporary additional unemployment compensation program for certain adversely affected workers. 

Sec. 232. Permanent State requirement for the provision of additional unemployment compensation for certain adversely affected workers. 

PART IV—OTHER BENEFITS AND SERVICES

Sec. 241. Eligibility for premium subsidy credit and cost sharing benefits for 

health insurance. 

Sec. 242. Training and support for employment. 

Sec. 243. Additional pensions benefits. 

PART V—FUNDING

Sec. 251. Establishment of Clean Energy Workers Trust Fund. 

Sec. 252. Modifications to rules relating to inverted corporations. 

PART VI—MISCELLANEOUS PROVISIONS

Sec. 261. Credit for hiring unemployed certified adversely affected workers. 

Sec. 262. Enforcement. 

Sec. 263. Benefit information to workers. 

Sec. 264. Amendment to Surface Mining Control and Reclamation Act of 1977. 


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Sec. 265. Regulations. 

Subtitle B—Workplace Democracy Act 

Sec. 271. Short title. 

Sec. 272. Streamlining certification for labor organizations. 

Sec. 273. Facilitating initial collective bargaining agreements. 

Subtitle C—Community Need-Based Economic Transition Assistance Program 

Sec. 281. Community need-based economic transition assistance program. 

Sec. 282. Economic development grant programs. 

Sec. 283. Need-based water, broadband, and electric grid infrastructure investment program. 

TITLE III—GREENING THE GRID 

Subtitle A—Fossil Fuel Phaseout 

Sec. 301. Fossil fuel phaseout. 

Subtitle B—Enhancing Grid Reliability 

Sec. 311. Enhancing grid reliability. 

Subtitle C—Making Clean and Renewable Energy Affordable 

PART I—REDUCING CARBON POLLUTION AND CREATING JOBS BY

TRANSITIONING TO SUSTAINABLE ENERGY SOURCES

Sec. 321. Extension and modification of credits with respect to facilities producing energy from certain renewable resources. 

Sec. 322. Extension and modification of energy credit. 

Sec. 323. Permanent extension of qualifying advanced energy project credit. 

Sec. 324. Promoting access to renewable energy and energy efficiency for taxexempt organizations. 

PART II—SAVING CONSUMERS AND BUSINESSES MONEY BY PROMOTING

ENERGY EFFICIENCY

Sec. 326. Permanent extension of energy efficient commercial buildings deduction. 

Sec. 327. Permanent extension of new energy efficient home credit. 

Sec. 328. Permanent extension and refundability of credit for nonbusiness energy property. 

Sec. 329. Permanent extension, modification, and refundability of credit for 

residential energy efficient property. 

TITLE IV—ELECTRIFYING THE ENERGY ECONOMY 

Subtitle A—General Provisions 

Sec. 401. National zero-emission vehicle standard. 

Sec. 402. Carbon fee for aviation, maritime transportation, and rail. 

Sec. 403. Accelerating the deployment of zero-emission vehicles in communities. 

Sec. 404. Accelerating the deployment of zero-emission vehicle fleets. 

Sec. 405. Decarbonizing America’s highways. 

Sec. 406. Accelerating the deployment of zero-emission aviation, rail, and maritime transportation. 


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Sec. 407. Accelerating the deployment of zero-emission residential and commercial heating. 

Subtitle B—Helping Americans Move Beyond Oil 

Sec. 411. Permanent extension, increase, and refundability of credit for qualified new plug in electric drive motor vehicles. 

Sec. 412. Permanent extension of credit for hybrid medium- and heavy-duty 

trucks. 

Sec. 413. Extension of second generation biofuel producer credit. 

Sec. 414. Extension of special allowance for second generation biofuel plant 

property. 

Sec. 415. Extension and modification of the alternative fuel vehicle refueling 

property credit. 

TITLE V—ENDING NEW FOSSIL FUEL INVESTMENTS 

Subtitle A—Ending New Fossil Fuel Investments 

Sec. 501. Moratorium on new major fossil fuel projects. 

Sec. 502. Ending fossil fuel subsidies. 

Subtitle B—Ending Fossil Fuel Subsidies 

Sec. 511. Termination of various tax expenditures relating to fossil fuels. 

Sec. 512. Uniform 7-year amortization for geological and geophysical expenditures. 

Sec. 513. Natural gas gathering lines treated as 15-year property. 

Sec. 514. Repeal of domestic manufacturing deduction for hard mineral mining. 

Sec. 515. Limitation on deduction for income attributable to domestic production of oil, natural gas, or primary products thereof. 

Sec. 516. Termination of last-in, first-out method of inventory for oil, natural 

gas, and coal companies. 

Sec. 517. Repeal of percentage depletion for coal and hard mineral fossil fuels. 

Sec. 518. Termination of capital gains treatment for royalties from coal. 

Sec. 519. Modifications of foreign tax credit rules applicable to oil, natural gas, 

and coal companies which are dual capacity taxpayers. 

Sec. 520. Increase in Oil Spill Liability Trust Fund financing rate. 

Sec. 521. Application of certain environmental taxes to synthetic crude oil. 

Sec. 522. Denial of deduction for removal costs and damages for certain oil 

spills. 

Sec. 523. Tax on crude oil and natural gas produced from the outer Continental Shelf in the Gulf of Mexico. 

Sec. 524. Repeal of corporate income tax exemption for publicly traded partnerships with qualifying income and gains from activities relating 

to fossil fuels. 

TITLE VI—MAINTAINING AMERICAN COMPETITIVENESS 

Sec. 601. Purposes; definitions. 

Sec. 602. Leveling playing field for domestic manufacturers. 

Sec. 603. Making American manufacturing energy efficient. 

TITLE VII—MOBILIZING AMERICAN RESOURCES 

Sec. 701. National Climate Change Council. 

Sec. 702. Climate Fund; climate bonds. 

Sec. 703. Accelerating 100 percent locally. 


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Sec. 704. Climate justice resiliency. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Tax amendments review. 

1 SEC. 2. FINDINGS; PURPOSES; STATEMENT OF POLICY. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) from 1880 through 2015, global tempera4 tures have increased by about 1.06 degrees Celsius; 

5 (2) the vast majority of global warming that 

6 has occurred over the 50-year period ending on the 

7 date of enactment of this Act was due to human ac8 tivities, primarily the burning of fossil fuels; 

9 (3) emissions of greenhouse gases and atmos10 pheric concentrations of greenhouse gases continue 

11 to rise, which results in a continued warming trend; 

12 (4) global warming already has a significant im13 pact on the economy, including the farming, fishing, 

14 forestry, and recreation industries; 

15 (5) the significant impacts of global warming 

16 that are already occurring will be amplified by a 

17 global temperature increases, resulting in increased 

18 droughts, rising seas, mass extinctions, heat waves, 

19 desertification, wildfires, acidifying oceans, signifi20 cant economic disruption, and security threats; 

21 (6) low-income communities, communities of 

22 color, indigenous communities and other environ23 mental justice communities in the United States are 


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1 inordinately exposed to pollution from fossil fuels, 

2 and climate impacts will be disproportionately felt by 

3 those communities; 

4 (7) the world is facing a climate emergency; 

5 (8) people in States and local communities 

6 across the United States are engaging in and win7 ning the fight to mobilize to solve the climate crisis; 

8 and 

9 (9) the Federal Government has thus far failed 

10 to adequately address the climate crisis. 

11 (b) PURPOSES.—The purposes of this Act are— 

12 (1) to reduce, in conjunction with other laws 

13 and policies, emissions of carbon pollution to ensure 

14 that the contribution of the United States to global 

15 climate change is lower than the level required to 

16 keep global average temperature increases below 

17 dangerous levels; 

18 (2) to implement solutions that acknowledge the 

19 intersections of environmental degradation that per20 petuate racial, social, and economic inequities; 

21 (3) to protect the lives of low-income and dis22 advantaged communities and invest in those commu23 nities; 


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1 (4) to empower communities to prepare for, and 

2 react to, the impacts of climate change that are al3 ready being experienced; 

4 (5) to demonstrate to the international commu5 nity a commitment by the Federal Government to 

6 aggressively reduce carbon pollution; 

7 (6) to create jobs for all individuals, especially 

8 in communities with high rates of unemployment or 

9 underemployment, and build a sustainable economy; 

10 and 

11 (7) to ensure universal access to clean and re12 newable energy for all homes and businesses in the 

13 United States. 

14 (c) STATEMENT OF POLICY.—It is the policy of the 

15 United States that— 

16 (1) the United States should aggressively re17 duce carbon pollution as rapidly as practicable, and 

18 achieve 100 percent clean and renewable energy not 

19 later than 2050; and 

20 (2) the Federal Government should do every21 thing in its power— 

22 (A) to protect public health and environ23 ment; 

24 (B) to avoid the most dangerous impacts 

25 of climate change; and 


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1 (C) to promote a rapid, just, and equitable 

2 transition to a clean energy economy. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency. 

8 (2) CLIMATE FUND.—The term ‘‘Climate 

9 Fund’’ means the Climate Fund established by sec10 tion 702(a). 

11 (3) COUNCIL.—The term ‘‘Council’’ means the 

12 National Climate Change Council established by sec13 tion 701(b). 

14 (4) DISADVANTAGED COMMUNITY.— 

15 (A) IN GENERAL.—The term ‘‘disadvan16 taged community’’ means a community that is 

17 disadvantaged based on geographic, public 

18 health, environmental hazard, or socioeconomic 

19 criteria. 

20 (B) INCLUSIONS.—The term ‘‘disadvan21 taged community’’ includes— 

22 (i) an area burdened by cumulative 

23 environmental pollution or other hazard 

24 that can lead to a negative public health 

25 effect; 


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1 (ii) an area with a concentration of 

2 people that— 

3 (I) are low-income; 

4 (II) have high unemployment; 

5 (III) have a high rent burden; 

6 (IV) have a low level of home 

7 ownership; 

8 (V) have a low level of edu9 cational attainment; or 

10 (VI) are members of groups that 

11 have historically experienced discrimi12 nation on the basis of race or eth13 nicity; and 

14 (iii) an area that is vulnerable to the 

15 impact of climate change such as flooding, 

16 storm surges, and urban heat island ef17 fects. 

18 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

19 has the meaning given the term in section 4 of the 

20 Indian Self-Determination and Education Assistance 

21 Act (25 U.S.C. 5304). 

22 (6) LOW-INCOME COMMUNITY.—The term ‘‘low23 income community’’ means a census or tribal block 

24 group in which not less than 50 percent of houseVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 holds have an annual income that is less than 80 

2 percent of the greater of— 

3 (A) the annual median gross income for 

4 the area in which the census or tribal block 

5 group is located; and 

6 (B) the annual median gross income for 

7 the State in which the census or tribal block 

8 group is located. 

9 (7) RAIL.— 

10 (A) IN GENERAL.—The term ‘‘rail’’ means 

11 any entity transporting goods or passengers op12 erating on the general railroad system of trans13 portation (as defined in Appendix A of part A 

14 of title 49, Code of Federal Regulations (or suc15 cessor regulations)). 

16 (B) EXCLUSION.—The term ‘‘rail’’ does 

17 not include rapid transit operations in an urban 

18 area not connected to the general railroad sys19 tem of transportation (as defined in Appendix 

20 A of part 209 of title 49, Code of Federal Reg21 ulations (or successor regulations)). 

22 (8) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Energy. 

24 (9) STATE.—The term ‘‘State’’ means— 

25 (A) a State; 


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1 (B) the District of Columbia; 

2 (C) the Commonwealth of Puerto Rico; 

3 and 

4 (D) any other territory or possession of the 

5 United States. 

6 (10) ZERO-EMISSION VEHICLE.—The term 

7 ‘‘zero-emission vehicle’’ means a vehicle that pro8 duces zero exhaust emissions of any criteria pollut9 ant, precursor pollutant, or greenhouse gas in any 

10 mode of operation or condition, as determined by the 

11 Administrator. 

12 TITLE I—CLEAN AND 

13 RENEWABLE ENERGY FOR ALL 

14 SEC. 101. MAKING PUBLIC TRANSPORTATION AFFORDABLE 

15 AND ACCESSIBLE. 

16 (a) ESTABLISHMENT.—The Secretary shall establish 

17 a zero-emission vehicle-based public transportation pro18 gram (referred to in this section as the ‘‘Program’’). 

19 (b) GOALS.—The goals of the Program are— 

20 (1) to facilitate affordable and accessible zero21 emission vehicle-based public transportation; 

22 (2) to establish regionally appropriate, inter23 operable models for zero-emission vehicle-based pub24 lic transportation in diverse communities throughout 

25 the United States; 


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1 (3) to encourage the innovation and investment 

2 necessary to achieve mass market modes of zero3 emission vehicle-based public transportation; and 

4 (4) to reduce and displace fossil fuel use and 

5 reduce greenhouse gas emissions by accelerating the 

6 deployment of zero-emission vehicle-based public 

7 transportation in the United States. 

8 (c) COMPETITIVE GRANTS.— 

9 (1) IN GENERAL.—The Secretary shall establish 

10 a competitive process to select communities for the 

11 Program to receive grants. 

12 (2) COMMUNITY SELECTION CRITERIA.—Not 

13 later than 150 days after the date of enactment of 

14 this Act, the Secretary shall publish a set of selec15 tion criteria for the grants competition that— 

16 (A) shall prioritize communities that dem17 onstrate affordable modes of access to zero18 emission vehicle-based public transportation for 

19 disadvantaged communities; 

20 (B) shall ensure, to the maximum extent 

21 practicable, that— 

22 (i) the combination of selected com23 munities is diverse in population, popu24 lation density, demographics, urban and 


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1 suburban composition, typical commuting 

2 patterns, and climate; 

3 (ii) at least 1 community selected has 

4 a population of less than 500,000; and 

5 (iii) grants are of a sufficient amount 

6 such that each community will be able to 

7 provide broadly accessible zero-emission ve8 hicle-based public transportation through9 out the community; 

10 (C) may give preference to applicants pro11 posing a greater non-Federal cost share; and 

12 (D) in considering community plans, shall 

13 take into account previous Department of En14 ergy and other Federal investments to ensure 

15 that the maximum domestic benefit from Fed16 eral investments is realized. 

17 (3) APPLICATIONS.— 

18 (A) IN GENERAL.—Not later than 150 

19 days after the date of publication by the Sec20 retary of selection criteria described in para21 graph (2), any State, tribal, or local govern22 ment, or group of State, tribal, or local govern23 ments may apply to the Secretary to receive a 

24 grant under this subsection. 

25 (B) JOINT SPONSORSHIP.— 


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1 (i) IN GENERAL.—An application sub2 mitted under subparagraph (A) may be 

3 jointly sponsored by electric utilities, auto4 mobile manufacturers, technology pro5 viders, carsharing companies or organiza6 tions, third-party zero-emission vehicle 

7 service providers, nongovernmental organi8 zations, or other appropriate entities. 

9 (ii) DISBURSEMENT OF GRANTS.—A 

10 grant provided under this subsection shall 

11 only be disbursed to a State, tribal, or 

12 local government, or group of State, tribal, 

13 or local governments, regardless of whether 

14 the application is jointly sponsored under 

15 clause (i). 

16 (4) SELECTION.—Not later than 120 days after 

17 an application deadline has been established under 

18 subparagraph (A), the Secretary shall announce the 

19 names of the communities selected under this sub20 section. 

21 (5) COMMUNITY PLANS.—Plans for the deploy22 ment of zero-emission vehicle-based public transpor23 tation shall include— 

24 (A) a proposed level of cost sharing; 


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1 (B) documentation demonstrating a project 

2 involving relevant stakeholders, including— 

3 (i) a list of stakeholders that in4 cludes— 

5 (I) elected and appointed officials 

6 from each of the participating State, 

7 local, and tribal governments; 

8 (II) all relevant generators and 

9 distributors of electricity; 

10 (III) State utility regulatory au11 thorities; 

12 (IV) departments of public works 

13 and transportation; 

14 (V) as appropriate, owners and 

15 operators of regional electric power 

16 distribution and transmission facili17 ties; and 

18 (VI) as appropriate, other exist19 ing community coalitions recognized 

20 by the Department of Energy; 

21 (ii) evidence of the commitment of the 

22 stakeholders to participate in the project; 

23 (iii) a clear description of the role and 

24 responsibilities of each stakeholder; and 


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1 (iv) a plan for continuing the engage2 ment and participation of the stakeholders, 

3 as appropriate, throughout the implemen4 tation of the deployment plan; 

5 (C) descriptions of incentives for economi6 cally disadvantaged residents in the community 

7 to ensure affordable access to zero-emission ve8 hicle-based public transportation, in addition to 

9 any Federal incentives; 

10 (D) a timeline for the deployment of zero11 emission vehicle-based public transportation; 

12 (E) a plan for monitoring and evaluating 

13 the implementation of the plan, including 

14 metrics for assessing the success of the deploy15 ment and an approach to updating the plan, as 

16 appropriate; and 

17 (F) a description of the manner in which 

18 any grant funds applied for under paragraph 

19 (3) will be used and the proposed local cost 

20 share for the funds. 

21 (d) FUNDING.—The Secretary shall use to carry out 

22 this section not more than $30,000,000,000 for each fiscal 

23 year from the Climate Fund. 


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1 SEC. 102. MAKING SOLAR ENERGY AFFORDABLE AND AC2 CESSIBLE TO LOW-INCOME AND DISADVAN3 TAGED FAMILIES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ADMINISTRATIVE EXPENSE.—The term 

6 ‘‘administrative expense’’ has the meaning given the 

7 term by the Secretary. 

8 (2) COMMUNITY SOLAR FACILITY.—The term 

9 ‘‘community solar facility’’ means a community10 based distributed photovoltaic solar electricity gener11 ating facility that, as determined by the Secretary— 

12 (A) is owned by a subscriber organization; 

13 (B) has a nameplate rating of 2 megawatts 

14 or less; 

15 (C) is located in or near a community of 

16 subscribers to whom the beneficial use of the 

17 electricity generated by the facility belongs; and 

18 (D) reserves not less than 25 percent of 

19 the quantity of electricity generated by the fa20 cility for households in low-income communities 

21 and disadvantaged communities that are sub22 scribers to the facility. 

23 (3) ELIGIBLE ENTITY.— 

24 (A) IN GENERAL.—The term ‘‘eligible enti25 ty’’ means— 

26 (i) a low-income household; 


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1 (ii) a household in a disadvantaged 

2 community; 

3 (iii) a unit of State, territorial, or 

4 local government; 

5 (iv) an Indian tribe; 

6 (v) a Native Hawaiian community7 based organization; 

8 (vi) a rural area (as defined in section 

9 343(a) of the Consolidated Farm and 

10 Rural Development Act (7 U.S.C. 

11 1991(a))); and 

12 (vii) any other national or regional en13 tity that— 

14 (I) deploys a safe, high-quality 

15 photovoltaic solar electricity gener16 ating facility for consumers under a 

17 model that maximizes energy savings 

18 to those consumers; and 

19 (II) has experience, as deter20 mined by the Secretary, in the instal21 lation of solar systems using a job 

22 training or community volunteer23 based installation model. 


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1 (B) LOAN PROGRAM.—With respect to a 

2 loan provided under this section, the term ‘‘eli3 gible entity’’ means— 

4 (i) an entity described in clauses (i) 

5 through (vi) of subparagraph (A); and 

6 (ii) a private entity that— 

7 (I) deploys a safe, high-quality 

8 photovoltaic solar electricity gener9 ating facility for consumers under a 

10 model that maximizes energy savings 

11 to those consumers; and 

12 (II) will install solar systems 

13 using a job training installation 

14 model. 

15 (4) GRANT-ELIGIBLE HOUSEHOLD.—The term 

16 ‘‘grant-eligible household’’ means a household the 

17 members of which— 

18 (A) earn an income equal to 80 percent or 

19 less of the applicable area median income, as 

20 defined for the applicable year by the Secretary 

21 of Housing and Urban Development; and 

22 (B) reside in an owner-occupied home. 

23 (5) LOW-INCOME HOUSEHOLD.—The term 

24 ‘‘low-income household’’ means a household with an 

25 income equal to 80 percent or less of the applicable 


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1 area median income, as defined for the applicable 

2 year by the Secretary of Housing and Urban Devel3 opment. 

4 (6) MULTI-FAMILY AFFORDABLE HOUSING.— 

5 The term ‘‘multi-family affordable housing’’ means 

6 any federally subsidized affordable housing complex 

7 in which not less than 50 percent of the units are 

8 reserved for low-income households and households 

9 in disadvantaged communities. 

10 (7) NATIVE HAWAIIAN COMMUNITY-BASED OR11 GANIZATION.—The term ‘‘Native Hawaiian commu12 nity-based organization’’ means any organization 

13 that is composed primarily of Native Hawaiians 

14 from a specific community and that assists in the 

15 social, cultural, and educational development of Na16 tive Hawaiians in that community. 

17 (8) PHOTOVOLTAIC SOLAR ELECTRICITY GEN18 ERATING FACILITY.—The term ‘‘photovoltaic solar 

19 electricity generating facility’’ means— 

20 (A) a generator that creates electricity 

21 from light photons; and 

22 (B) the accompanying hardware enabling 

23 that electricity to flow— 

24 (i) onto the electric grid; or 

25 (ii) into an energy storage device. 


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1 (9) SUBSCRIBER.—The term ‘‘subscriber’’ 

2 means an electricity consumer who— 

3 (A) owns a subscription, or an equivalent 

4 unit or share of the capacity or generation, of 

5 a community solar facility; 

6 (B) has identified 1 or more physical loca7 tions— 

8 (i) to which the subscription will be 

9 attributed; 

10 (ii) within the same electric utility 

11 service territory, or within the same geo12 graphical area, as the community solar fa13 cility, in accordance with applicable State 

14 and local law; and 

15 (iii) that may change from time to 

16 time, subject to the condition that the 

17 physical location shall be within the geo18 graphical limits allowed for a subscriber of 

19 the applicable community solar facility; 

20 and 

21 (C) confirms the status of the consumer as 

22 a low-income household, or a household in a 

23 disadvantaged community, for each applicable 

24 fiscal year. 


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1 (10) SUBSCRIPTION.—The term ‘‘subscription’’ 

2 means a share in the capacity, or a proportional in3 terest in the solar electricity generation, of a com4 munity solar facility. 

5 (11) UNDERSERVED AREA.—The term ‘‘under6 served area’’ means— 

7 (A) a geographical area with low or no 

8 photovoltaic solar deployment, as determined by 

9 the Secretary; or 

10 (B) trust land, as defined in section 3765 

11 of title 38, United States Code. 

12 (b) ESTABLISHMENT OF LOAN AND GRANT PRO13 GRAM.— 

14 (1) IN GENERAL.—The Secretary shall establish 

15 a program under which the Secretary shall provide 

16 loans and grants to eligible entities for use in ac17 cordance with this section. 

18 (2) FUNDING.— 

19 (A) IN GENERAL.—Subject to the avail20 ability of appropriations, the Secretary shall 

21 make grants and issue loans in accordance with 

22 this subsection. 

23 (B) LOANS.—Subject to subparagraph 

24 (D), not more than 50 percent of funds made 

25 available under subparagraph (A) for a fiscal 


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1 year shall be used to provide loans to eligible 

2 entities for— 

3 (i) community solar facilities; or 

4 (ii) multi-family affordable housing 

5 solar installations. 

6 (C) GRANTS.—After allocating amounts to 

7 carry out subparagraph (B), the Secretary shall 

8 use the remaining funds made available under 

9 subparagraph (A) for a fiscal year to provide 

10 grants to eligible entities— 

11 (i) to pay the upfront costs of photo12 voltaic solar electricity generating facilities 

13 installed on properties of grant-eligible 

14 households; or 

15 (ii) for any other eligible use described 

16 in subsection (e). 

17 (D) INCREASE IN LOAN AMOUNT.—Not18 withstanding subparagraph (B), if the Sec19 retary determines that more than 50 percent of 

20 the amounts described in that subparagraph are 

21 necessary for any of fiscal years 2018 through 

22 2050 to provide loans to encourage innovative 

23 financing and installation models to reach un24 derserved markets, the Secretary may use more 


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1 than 50 percent of those amounts to provide 

2 those loans. 

3 (3) GOALS AND ACCOUNTABILITY.— 

4 (A) IN GENERAL.—In providing loans and 

5 grants under this subsection, the Secretary 

6 shall take such actions as may be necessary to 

7 ensure that— 

8 (i) the assistance provided under this 

9 subsection is used to facilitate and encour10 age innovative solar installation and fi11 nancing models, under which the recipients 

12 develop and install photovoltaic solar elec13 tricity generating facilities that provide sig14 nificant savings to low-income households 

15 and households in disadvantaged commu16 nities while providing job training or com17 munity engagement opportunities with re18 spect to each solar system installed; 

19 (ii) loan and grant recipients— 

20 (I) install not less than 600 kilo21 watts of photovoltaic solar energy dur22 ing the 2-year period ending on the 

23 date on which the loan or grant is 

24 provided to ensure consumer protec25 tion; or 


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1 (II) before the date on which the 

2 goal described in subclause (I) is 

3 achieved, enter into partnership with 

4 an entity that— 

5 (aa) has not less than 2 

6 years of experience deploying 

7 solar photovoltaic systems for 

8 low-income households and 

9 households in disadvantaged com10 munities in a manner that maxi11 mizes the savings benefits of 

12 solar access; and 

13 (bb) was primarily respon14 sible for the installation of at 

15 least 2 megawatts of solar energy 

16 during the 2-year period ending 

17 on the date on which the loan or 

18 grant is provided; 

19 (iii) the photovoltaic solar electricity 

20 generating facilities installed using assist21 ance provided under this subsection are 

22 safe, high-quality systems that comply with 

23 local building and safety codes and stand24 ards; 


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1 (iv) the provision of assistance under 

2 this subsection establishes and fosters a 

3 partnership between the Federal Govern4 ment and eligible entities, resulting in effi5 cient development of solar installations 

6 with— 

7 (I) minimal governmental inter8 vention; 

9 (II) limited governmental regula10 tion; and 

11 (III) significant involvement by 

12 nonprofit and private entities; 

13 (v) solar projects installed using as14 sistance provided under this subsection— 

15 (I) shall include job training; and 

16 (II) may include community par17 ticipation in which job trainees and 

18 volunteers assist in the development of 

19 solar projects; 

20 (vi) assistance provided under this 

21 subsection gives priority to development 

22 in— 

23 (I) areas with low photovoltaic 

24 penetration; 

25 (II) rural areas; 


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1 (III) Indian tribal areas; and 

2 (IV) other underserved areas, in3 cluding Alaskan Native and Appa4 lachian communities; 

5 (vii) solar systems are developed using 

6 assistance provided under this subsection 

7 on a geographically diverse basis among 

8 the eligible entities; and 

9 (viii) to the maximum extent prac10 ticable, solar installation activities for 

11 which assistance is provided under this 

12 section leverage, or connect grant-eligible 

13 households to, federally or locally sub14 sidized weatherization and energy effi15 ciency efforts that meet or exceed local en16 ergy efficiency standards. 

17 (B) DETERMINATION.—If, at any time, the 

18 Secretary determines that any goal described in 

19 subparagraph (A) cannot be met by providing 

20 assistance in accordance with this subsection, 

21 the Secretary shall immediately submit to the 

22 appropriate committees of Congress a written 

23 notice of that determination, including any pro24 posed changes necessary to achieve the goal. 

25 (4) COMMUNITY SOLAR FACILITIES.— 


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1 (A) IN GENERAL.—A community solar fa2 cility may use a loan provided under this sub3 section only to offset the costs of generation 

4 and provision of solar energy to low-income 

5 households, and households in disadvantaged 

6 communities, that are subscribers of the com7 munity solar facility. 

8 (B) TRANSFER AND ASSIGNMENT OF SUB9 SCRIPTIONS.—A subscription to a community 

10 solar facility that receives assistance under this 

11 subsection may be transferred or assigned by 

12 the subscriber to— 

13 (i) any subscriber organization; or 

14 (ii) any individual or entity who quali15 fies to be a subscriber to that community 

16 solar facility. 

17 (C) TREATMENT.— 

18 (i) IN GENERAL.—No owner, oper19 ator, or subscriber of a community solar 

20 facility that receives assistance under this 

21 subsection shall be subject to regulation by 

22 the Federal Energy Regulatory Commis23 sion solely as a result of an interest in the 

24 community solar facility. 


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1 (ii) PRICE OF SUBSCRIPTION.—The 

2 price paid for any subscription to a com3 munity solar facility shall not be subject to 

4 the regulation of any Federal department, 

5 agency, or commission. 

6 (c) NATIONAL COMPETITION.— 

7 (1) IN GENERAL.—The Secretary shall select el8 igible entities to receive loans or grants under this 

9 section through a nationwide competitive process, to 

10 be established by the Secretary. 

11 (2) APPLICATIONS.—To be eligible to receive a 

12 loan or grant under this section, an eligible entity 

13 shall submit to the Secretary an application at such 

14 time, in such manner, and containing such informa15 tion as the Secretary may require. 

16 (3) REQUIREMENTS.—In selecting eligible enti17 ties to receive loans or grants under this section, the 

18 Secretary shall, at a minimum— 

19 (A) require that the eligible entity— 

20 (i) enter into a grant or loan agree21 ment, as applicable, under subsection (d); 

22 and 

23 (ii) has obtained financial commit24 ments (or has demonstrated the capacity 


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1 to obtain financial commitments) necessary 

2 to comply with that agreement; 

3 (B) ensure that loans and grants are pro4 vided, and amounts are used, in a manner that 

5 results in geographical diversity throughout the 

6 United States and within States, territories, 

7 and Indian tribal land among photovoltaic solar 

8 electricity generating facilities installed using 

9 the assistance provided under this section; 

10 (C) to the maximum extent practicable, ex11 pand photovoltaic solar energy availability to— 

12 (i) geographical areas, throughout the 

13 United States and within States, terri14 tories, and Indian tribal land, with— 

15 (I) low photovoltaic solar pene16 tration; or 

17 (II) a higher cost burden with re18 spect to the deployment or installation 

19 of photovoltaic solar electricity gener20 ating facilities; 

21 (ii) rural communities; 

22 (iii) Indian tribes; and 

23 (iv) other underserved areas, including 

24 Appalachian and Alaska Native commu25 nities; 


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1 (D) take into account the warranty period 

2 and quality of the applicable photovoltaic solar 

3 electricity generating facility equipment and any 

4 necessary interconnecting equipment; and 

5 (E) ensure that all calculations for esti6 mated household energy savings are based sole7 ly on electricity offsets from the photovoltaic 

8 solar electricity generating facilities. 

9 (d) LOAN AND GRANT AGREEMENTS.— 

10 (1) IN GENERAL.—As a condition of receiving a 

11 loan or grant under this section, an eligible entity 

12 shall enter into a loan or grant agreement, as appli13 cable, with the Secretary. 

14 (2) REQUIREMENTS.—A loan or grant agree15 ment under this subsection shall— 

16 (A) require the eligible entity— 

17 (i) to use the assistance provided 

18 under this section only in accordance with 

19 this section; 

20 (ii) to install such quantity of solar 

21 systems with such defined capacity target 

22 (expressed in megawatts) as may be estab23 lished by the Secretary, taking into consid24 eration the costs associated with carrying 

25 out loan or grant obligations in the areas 


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1 in which the solar systems will be devel2 oped; 

3 (iii) to use the assistance in a manner 

4 that leverages other sources of funding 

5 (other than loans or grants under this sec6 tion), including private or public funds, in 

7 developing the solar projects; and 

8 (iv) to establish loan terms, if applica9 ble, that maximize the benefit to the low10 income households, and households in dis11 advantaged communities, receiving solar 

12 energy from the eligible entity; 

13 (B) require the Secretary to rescind any 

14 amounts provided to the eligible entity that are 

15 not used during the 2-year period beginning on 

16 the date on which the amounts are initially dis17 tributed to the eligible entity, except in any case 

18 in which the eligible entity has demonstrated to 

19 the satisfaction of the Secretary that a longer 

20 period, not to exceed 3 years after the date of 

21 initial distribution, is necessary to deliver pro22 posed services; 

23 (C) with respect to a loan provided under 

24 this section, establish— 


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1 (i) an interest rate equal to the cost 

2 of funds to the Department of the Treas3 ury for obligations of comparable maturity 

4 to the loan as of the date on which the 

5 loan agreement is entered into; and 

6 (ii) a payout time that maximizes the 

7 savings to customers during the effective 

8 period of the agreement; and 

9 (D) contain such other terms as the Sec10 retary may require to ensure compliance with 

11 the requirements of this section. 

12 (e) USE.—An eligible entity shall use a loan or grant 

13 provided under this section for the purpose of developing 

14 new photovoltaic solar projects in the United States for 

15 low-income households, households in disadvantaged com16 munities, and individuals who otherwise would likely be 

17 unable to afford or purchase photovoltaic solar systems 

18 through 1 or more of the following activities: 

19 (1) PHOTOVOLTAIC SOLAR EQUIPMENT AND IN20 STALLATION.—To pay the costs of— 

21 (A) solar equipment, including only photo22 voltaic solar equipment and storage and all 

23 hardware or software components relating to 

24 safely producing, monitoring, and connecting 


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1 the system to the electric grid or onsite storage; 

2 and 

3 (B) installation, including all direct labor 

4 associated with installing the photovoltaic solar 

5 equipment. 

6 (2) JOB TRAINING.—To fund onsite job train7 ing and community or volunteer engagement, includ8 ing— 

9 (A) only job training costs directly associ10 ated with the solar projects funded under this 

11 section; and 

12 (B) job training opportunities that may 

13 cover the full range of the solar value chain, 

14 such as marketing and outreach, customer ac15 quisition, system design, and installation posi16 tions. 

17 (3) DEPLOYMENT SUPPORT.—To fund entities 

18 that have a demonstrated ability, as determined by 

19 the Secretary— 

20 (A) to advise State and local entities re21 garding solar policy, regulatory, and program 

22 design to continue and expand the work of the 

23 entities in low-income communities and dis24 advantaged communities; 


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1 (B) to foster community outreach and edu2 cation regarding the benefits of photovoltaic 

3 solar energy for low-income communities and 

4 disadvantaged communities; or 

5 (C) to provide apprenticeship program op6 portunities registered and approved by— 

7 (i) the Office of Apprenticeship of the 

8 Department of Labor pursuant to part 29 

9 of title 29, Code of Federal Regulations (or 

10 successor regulations); or 

11 (ii) a State Apprenticeship Agency 

12 recognized by that Office. 

13 (4) ADMINISTRATION.—To pay the administra14 tive expenses of the eligible entity, including 

15 preproject feasibility efforts, in carrying out the du16 ties of the Secretary associated with delivering pro17 posed services, except that not more than 15 percent 

18 of the total amount of the assistance provided to the 

19 eligible entity under this section may be used for ad20 ministrative expenses. 

21 (f) COMPLIANCE.— 

22 (1) RECORDS AND AUDITS.—During the period 

23 beginning on the date of initial distribution to an eli24 gible entity of a loan or grant under this section and 

25 ending on the termination date of the loan or grant 


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1 under subsection (g), the eligible entity shall main2 tain such records and adopt such administrative 

3 practices as the Secretary may require to ensure 

4 compliance with the requirements of this section and 

5 the applicable loan or grant agreement. 

6 (2) DETERMINATION BY SECRETARY.—If the 

7 Secretary determines that an eligible entity that re8 ceives a grant or loan under this section has not, 

9 during the 2-year period beginning on the date of 

10 initial distribution to the eligible entity of the assist11 ance (or such longer period as is established under 

12 subsection (d)(2)(B)), substantially fulfilled the obli13 gations of the eligible entity under the applicable 

14 loan or grant agreement, the Secretary shall— 

15 (A) rescind the balance of any funds dis16 tributed to, but not used by, the eligible entity 

17 under this section; and 

18 (B) use those amounts to provide other 

19 loans or grants in accordance with this section. 

20 (g) TERMINATION.—The Secretary shall terminate a 

21 loan or grant provided under this section on the date on 

22 which the Secretary makes a determination that the total 

23 amount of the loan or grant (excluding any interest, fees, 

24 and other earnings of the loan or grant) has been— 

25 (1) fully expended by the eligible entity; or 


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1 (2) returned to the Secretary. 

2 (h) REGULATIONS.—Not later than 90 days after the 

3 date of enactment of this Act, the Secretary shall promul4 gate such regulations as the Secretary determines to be 

5 necessary to carry out this section, to take effect on the 

6 date of promulgation. 

7 (i) FUNDING.—The Secretary shall use to carry out 

8 this section not more than $10,000,000,000 for each fiscal 

9 year from the Climate Fund. 

10 SEC. 103. MAKING ENERGY EFFICIENCY RETROFITS AF11 FORDABLE AND ACCESSIBLE TO LOW-IN12 COME AND DISADVANTAGED FAMILIES. 

13 (a) WEATHERIZATION ASSISTANCE PROGRAM.—Sec14 tion 422 of the Energy Conservation and Production Act 

15 (42 U.S.C. 6872) is amended to read as follows: 

16 ‘‘SEC. 422. FUNDING. 

17 ‘‘The Secretary shall use to carry out the weatheriza18 tion program under this part from amounts in the Climate 

19 Fund established by section 702(a) of the 100 by ’50 Act 

20 not more than $10,000,000,000 for each fiscal year.’’. 

21 (b) TECHNICAL CORRECTION.—Section 415 of the 

22 Energy Conservation and Production Act (42 U.S.C. 

23 6865) is amended in subsections (d) and (e)(1)(A) by 

24 striking ‘‘section 422(b)’’ each place it appears and insert25 ing ‘‘section 422’’. 


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1 SEC. 104. MAKING ELECTRICITY AFFORDABLE FOR LOW IN2 COME AND DISADVANTAGED FAMILIES. 

3 Section 2602 of the Low-Income Home Energy As4 sistance Act of 1981 (42 U.S.C. 8621) is amended— 

5 (1) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) FUNDING.—The Secretary shall use to carry out 

8 this title (other than section 2607A) from amounts in the 

9 Climate Fund established by section 702(a) of the 100 by 

10 ’50 Act not more than $24,000,000,000 for each fiscal 

11 year.’’; and 

12 (2) in subsection (c), by striking 

13 ‘‘appropriated’’and inserting ‘‘made available’’. 

14 SEC. 105. INCREASING SUSTAINABLE COMMUNITY DEVEL15 OPMENT CAPACITY. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE COMMUNITY DEVELOPMENT OR18 GANIZATION.—The term ‘‘eligible community devel19 opment organization’’ means— 

20 (A) a unit of general local government (as 

21 defined in section 104 of the Cranston-Gonzalez 

22 National Affordable Housing Act (42 U.S.C. 

23 12704)); 

24 (B) a community housing development or25 ganization (as defined in section 104 of the 


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1 Cranston-Gonzalez National Affordable Hous2 ing Act (42 U.S.C. 12704)); 

3 (C) an Indian tribe; 

4 (D) a tribally designated housing entity (as 

5 defined in section 4 of the Native American 

6 Housing Assistance and Self-Determination Act 

7 of 1996 (25 U.S.C. 4103)); and 

8 (E) a public housing agency (within the 

9 meaning of section 3(b) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437a(b))). 

11 (2) NONPROFIT ORGANIZATION.—The term 

12 ‘‘nonprofit organization’’ has the meaning given the 

13 term in section 104 of the Cranston-Gonzalez Na14 tional Affordable Housing Act (42 U.S.C. 12704). 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Housing and Urban Development. 

17 (b) GRANTS TO NONPROFIT ORGANIZATIONS.—The 

18 Secretary may make grants to nonprofit organizations to 

19 provide training, education, support, or advice to an eligi20 ble community development organization or qualified 

21 youth service and conservation corps— 

22 (1) to improve energy efficiency; 

23 (2) to design strategies to maximize energy effi24 ciency; and 

25 (3) to promote— 


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1 (A) resource conservation and reuse; 

2 (B) the installation or construction of re3 newable energy technologies or facilities, such 

4 as wind, wave, solar, and geothermal energy; 

5 and 

6 (C) the effective use of existing infrastruc7 ture in affordable housing and economic devel8 opment activities in low-income communities 

9 and disadvantaged communities. 

10 (c) APPLICATION.—To be eligible for a grant under 

11 this section, a nonprofit organization shall prepare and 

12 submit to the Secretary an application at such time, in 

13 such manner, and containing such information as the Sec14 retary may require. 

15 (d) AWARD OF CONTRACTS.—Contracts for architec16 tural or engineering services funded with amounts from 

17 grants made under this section shall be awarded in accord18 ance with chapter 11 of title 40, United States Code. 

19 (e) FUNDING.—For fiscal year 2018 and each fiscal 

20 year thereafter, the Secretary shall use to carry out this 

21 section from amounts in the Climate Fund not more than 

22 a total of $2,000,000,000. 

23 SEC. 106. TRAINING WORKERS FOR JOBS IN CLEAN EN24 ERGY. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi2 ble partnership’’ means a partnership that in3 cludes— 

4 (A) not less than 1— 

5 (i) local educational agency that is eli6 gible for funding under section 131 of the 

7 Carl D. Perkins Career and Technical 

8 Education Act of 2006 (20 U.S.C. 2351); 

9 or 

10 (ii) area career and technical edu11 cation school or educational service agency 

12 described in subsection (e) or (f) of such 

13 section; 

14 (B) not less than 1 postsecondary institu15 tion eligible for funding under section 132 of 

16 such Act (20 U.S.C. 2352); and 

17 (C) representatives of the community, in18 cluding nonprofit organizations, business enti19 ties, labor organizations, or industry entities 

20 that have experience in fields described in sub21 section (b)(1). 

22 (2) PROGRAM OF STUDY.—The term ‘‘program 

23 of study’’ means a program of study for a field de24 scribed in subsection (b)(1) that contains the infor25 mation described in section 122(c)(1)(A) of the Carl 


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1 D. Perkins Career and Technical Education Act of 

2 2006 (20 U.S.C. 2342(c)(1)(A)). 

3 (b) PROGRAM AUTHORIZED.— 

4 (1) IN GENERAL.—The Secretary of Education 

5 is authorized to award grants, on a competitive 

6 basis, to eligible partnerships to enable the eligible 

7 partnerships to develop programs of study that are 

8 focused on emerging careers and jobs in the fields 

9 of clean energy, renewable energy, energy efficiency, 

10 climate change mitigation, and climate change adap11 tation. 

12 (2) CONSULTATION.—The Secretary of Edu13 cation shall consult with the Secretary of Labor and 

14 the Secretary prior to the issuance of a solicitation 

15 for grant applications under this section. 

16 (c) APPLICATION.— 

17 (1) IN GENERAL.—An eligible partnership seek18 ing a grant under this section shall submit an appli19 cation to the Secretary of Education at such time 

20 and in such manner as such Secretary may require. 

21 (2) CONTENTS.—Each application submitted 

22 under this subsection shall include— 

23 (A) a description of the eligible partnership 

24 and the roles and responsibilities of each part25 ner in the partnership, and a demonstration of 


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1 each partner’s capacity to support the program 

2 of study; 

3 (B)(i) a description of each career area 

4 within a field described in subsection (b)(1) to 

5 be developed through the grant and the reason 

6 for choosing such field; and 

7 (ii) evidence of the labor market need to 

8 prepare students in such career area; 

9 (C) a description of the program of study 

10 proposed to be funded by the grant, including— 

11 (i) whether such program of study is 

12 a new or existing program (as of the date 

13 of the application); and 

14 (ii) the secondary and postsecondary 

15 components of such program of study; 

16 (D) a description of the students to be 

17 served by the program of study; 

18 (E) a description of how the proposed pro19 gram of study will be replicable and dissemi20 nated to schools outside of the partnership, in21 cluding schools in urban and rural areas; 

22 (F) a description of the applied learning 

23 that will be incorporated into the program of 

24 study and how the applied learning will incor25 porate or reinforce academic learning; 


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1 (G) a description of how the proposed pro2 gram of study will be delivered; 

3 (H) a description of how the program of 

4 study will provide accessibility to students, es5 pecially economically disadvantaged, low-per6 forming, urban, and rural students; 

7 (I) a description of how the program will 

8 address placement of students in non-tradi9 tional fields, as defined in section 3 of the Carl 

10 D. Perkins Career and Technical Education Act 

11 of 2006 (20 U.S.C. 2302); and 

12 (J) a description of how the applicant pro13 poses to consult or has consulted with a labor 

14 organization, labor management partnership, 

15 apprenticeship program, or joint apprenticeship 

16 and training program, that provides education 

17 and training in the field of study for which the 

18 applicant proposes to develop a curriculum. 

19 (d) PRIORITY.—In awarding grants under this sec20 tion, the Secretary of Education shall give priority to any 

21 application that proposes— 

22 (1) to use innovative means to deliver the pro23 posed program of study to students, educators, and 

24 instructors outside of the eligible partnership; 


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1 (2) to focus on low-performing students and 

2 special populations, as defined in section 3 of the 

3 Carl D. Perkins Career and Technical Education 

4 Act of 2006 (20 U.S.C. 2302); 

5 (3) to provide a comprehensive plan to enroll 

6 economically disadvantaged students in the program 

7 of study; and 

8 (4) to provide a comprehensive plan to ensure 

9 that all students can complete programs of study 

10 supported by a grant under this section without bor11 rowing Federal or private education loans. 

12 (e) PEER REVIEW.— 

13 (1) IN GENERAL.—The Secretary of Education 

14 shall convene a peer review process to review appli15 cations for grants under this section and to make 

16 recommendations regarding the selection of grant17 ees. 

18 (2) MEMBERSHIP.—Members of the peer review 

19 committee shall include in a balanced manner (to 

20 the maximum extent practicable)— 

21 (A) educators who have experience imple22 menting curricula with comparable purposes; 

23 and 

24 (B) business and industry experts in fields 

25 described in subsection (b)(1). 


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1 (f) USE OF FUNDS.—An eligible partnership receiv2 ing a grant under this section shall use grant funds for 

3 the development, implementation, and dissemination of 1 

4 or more programs of study in a career area related to a 

5 field described in subsection (b)(1). 

6 (g) FUNDING.—For fiscal year 2018 and each fiscal 

7 year thereafter, the Secretary of Education shall use to 

8 carry out this section from amounts in the Climate Fund 

9 not more than a total of $400,000,000. 

10 SEC. 107. REQUIREMENTS FOR APPRENTICESHIP PRO11 GRAMS AND EMPLOYMENT OF TARGETED 

12 WORKERS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) QUALIFIED APPRENTICESHIP OR OTHER

15 TRAINING PROGRAM.—The term ‘‘qualified appren16 ticeship or other training program’’ means— 

17 (A) an apprenticeship or other training 

18 program that qualifies as an employee welfare 

19 benefit plan (as defined in section 3 of the Em20 ployee Retirement Income Security Act of 1974 

21 (29 U.S.C. 1002)), in which— 

22 (i) not later than 18 months after the 

23 date of enactment of this Act, not less 

24 than 50 percent of participating first-year 


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1 apprentices or trainees are projected to be 

2 targeted workers; and 

3 (ii) not later than 4 years after the 

4 date of enactment of this Act, not less 

5 than 30 percent of all apprentices or train6 ees are projected to be targeted workers; 

7 and 

8 (B) in any case in which the Secretary of 

9 Labor certifies that a qualified apprenticeship 

10 or other training program described in subpara11 graph (A) for a craft or trade classification of 

12 workers that a prospective contractor or sub13 contractor intends to employ is not operated in 

14 the locality in which a project will be per15 formed, an apprenticeship or other training pro16 gram that is not an employee welfare benefit 

17 plan (as so defined) if the Secretary of Labor 

18 determines that the apprenticeship or other 

19 training program— 

20 (i) is registered with the Office of Ap21 prenticeship of the Department of Labor 

22 or a State apprenticeship agency recog23 nized by the Office of Apprenticeship for 

24 Federal purposes; and 


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1 (ii) meets the requirements of sub2 paragraph (A). 

3 (2) TARGETED WORKER.—The term ‘‘targeted 

4 worker’’ means an individual who— 

5 (A) resides in the same labor market area 

6 (as defined in section 3 of the Workforce Inno7 vation and Opportunity Act (29 U.S.C. 3102)) 

8 as the area in which the applicable project will 

9 be carried out; and 

10 (B) is— 

11 (i) a member of a targeted group 

12 (within the meaning of section 51 of the 

13 Internal Revenue Code of 1986) and re14 sides in a census tract in which not less 

15 than 20 percent of the households have in16 comes that are below the most recent an17 nual Federal Poverty Income Guidelines 

18 published by the Department of Health 

19 and Human Services; 

20 (ii) a member of a family that re21 ceived an annual family income that, dur22 ing the 2-year period prior to employment 

23 on the project or admission to the 

24 preapprenticeship program, did not exceed 

25 200 percent of the most recent annual 


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1 Federal Poverty Income Guidelines pub2 lished by the Department of Health and 

3 Human Services, excluding— 

4 (I) unemployment compensation; 

5 (II) child support payments; 

6 (III) cash payments under a Fed7 eral, State, or local income-based pub8 lic assistance program; and 

9 (IV) benefits under the old-age, 

10 survivors, and disability insurance 

11 benefits program established under 

12 title II of the Social Security Act (42 

13 U.S.C. 401 et seq.); or 

14 (iii) a member of a disadvantaged 

15 community. 

16 (b) PREAPPRENTICESHIP REQUIREMENTS.—Each 

17 contractor and subcontractor on any contract for con18 struction services for a project funded directly by, or as19 sisted in whole or in part by or through, the Federal Gov20 ernment pursuant to this Act or an amendment made by 

21 this Act shall agree to provide not less than 1 percent of 

22 the contract amount to fund preapprenticeship programs 

23 that— 

24 (1) demonstrate the ability to recruit, train, 

25 and prepare for admission to apprenticeship proVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 grams individuals who qualify as targeted workers; 

2 and 

3 (2) arrange to provide individuals who success4 fully complete the preapprenticeship program to 

5 qualified apprenticeship or other training programs. 

6 (c) QUALIFIED APPRENTICESHIP AND OTHER

7 TRAINING PROGRAMS.—Each contractor and subcon8 tractor that seeks to provide construction services on 

9 projects funded directly by, or assisted in whole or in part 

10 by or through, the Federal Government pursuant to this 

11 Act or an amendment made by this Act shall submit ade12 quate assurances with the bid or proposal of the con13 tractor or subcontractor that the contractor or subcon14 tractor participates in a qualified apprenticeship or other 

15 training program for each craft or trade classification of 

16 worker that the contractor or subcontractor intends to em17 ploy to perform work on the project. 

18 (d) EMPLOYMENT OF TARGETED WORKERS.— 

19 (1) IN GENERAL.—Each contractor and subcon20 tractor on each project funded directly by, or as21 sisted in whole or in part by or through, the Federal 

22 Government pursuant to this Act or an amendment 

23 made by this Act shall— 

24 (A) to the maximum extent practicable, en25 sure that not less than 15 percent of all hours 


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1 worked by newly hired laborers and mechanics 

2 employed on the project be performed by tar3 geted workers; and 

4 (B) establish a goal that at least 30 per5 cent of all hours worked by newly hired laborers 

6 and mechanics employed on the project be per7 formed by targeted workers. 

8 (2) RELIANCE ON IDENTIFICATION OF TAR9 GETED WORKERS.—For purposes of this subsection, 

10 contractors and subcontractors may rely on the iden11 tification of individuals as targeted workers by a 

12 qualified apprenticeship or other training program. 

13 TITLE II—JUST TRANSITION FOR 

14 WORKERS 

15 SEC. 201. SHORT TITLE. 

16 This title may be cited as the ‘‘Clean Energy Worker 

17 Just Transition Act’’. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

20 (1) ADVERSELY AFFECTED EMPLOYMENT.— 

21 The term ‘‘adversely affected employment’’ means 

22 employment in an applicable firm. 

23 (2) ADVERSELY AFFECTED WORKER.—The 

24 term ‘‘adversely affected worker’’ means an indi25 vidual who, because of lack of work in adversely afVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 fected employment, has been totally or partially sep2 arated from such employment, or has been threat3 ened to be totally or partially separated from such 

4 employment. 

5 (3) ADJUSTMENT ASSISTANCE.—The term ‘‘ad6 justment assistance’’ means any compensation, cred7 it, benefit, funding, training, or service provided 

8 under subtitle A through any option described in 

9 paragraph (1), (2), or (3) of section 221(b). 

10 (4) APPLICABLE FIRM.—The term ‘‘applicable 

11 firm’’ means, as applicable— 

12 (A) the firm, or subdivision of a firm, for 

13 which the group of workers who are petitioning 

14 for certification under section 211 work; 

15 (B) the firm, or subdivision of a firm, for 

16 which a group of certified adversely affected 

17 workers work; 

18 (C) a group of firms within close geo19 graphic proximity, as determined by the Sec20 retary, for which a group of workers who are 

21 petitioning for certification under section 211 

22 work; or 

23 (D) a group of firms within a close geo24 graphic proximity, as determined by the SecVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 retary, for which a group of certified adversely 

2 affected workers work. 

3 (5) CERTIFIED ADVERSELY AFFECTED WORK4 ER.—The term ‘‘certified adversely affected worker’’ 

5 means an adversely affected worker covered by a 

6 certification issued under section 213(a)(2). 

7 (6) CERTIFIED OR RECOGNIZED LABOR ORGANI8 ZATION.—The term ‘‘certified or recognized labor or9 ganization’’ means a labor organization that is cer10 tified or recognized under section 9 of the National 

11 Labor Relations Act (29 U.S.C. 159) as the rep12 resentative of the workers involved. 

13 (7) ENERGY INDUSTRY.—The term ‘‘energy in14 dustry’’ means a commercial sector, as determined 

15 by the Secretary, that— 

16 (A) extracts, transports, or uses as a direct 

17 input energy resources or electricity; or 

18 (B) is otherwise dependent on the genera19 tion or consumption of energy resources or elec20 tricity. 

21 (8) PARTIAL SEPARATION.—The term ‘‘partial 

22 separation’’ means, with respect to an individual 

23 who has not been totally separated, that such indi24 vidual has experienced— 


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1 (A) a reduction in hours of work to 80 per2 cent or less of the individual’s average weekly 

3 hours in adversely affected employment; and 

4 (B) a reduction in wages to 80 percent or 

5 less of the individual’s average weekly wage in 

6 such adversely affected employment. 

7 (9) PARTIALLY SEPARATED.—The term ‘‘par8 tially separated’’ means, with respect to an indi9 vidual who has not been totally separated, that such 

10 individual is experiencing partial separation. 

11 (10) RAPID RESPONSE ACTIVITY.—The term 

12 ‘‘rapid response activity’’ has the meaning given the 

13 term in section 3 of the Workforce Innovation and 

14 Opportunity Act (29 U.S.C. 3102) except that— 

15 (A) a reference in such section to a State 

16 shall be considered to be a reference to the Sec17 retary; and 

18 (B) the reference in such section to funds 

19 shall be considered to be a reference to funds 

20 reserved by the Secretary under section 

21 242(b)(1). 

22 (11) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Labor. 

24 (12) THREATENED.—The term ‘‘threatened’’, 

25 with respect to total or partial separation, means 


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1 that an individual is aware of imminent total or par2 tial separation from employment with an applicable 

3 firm or with a company with which the applicable 

4 firm is contracted to provide goods or services. 

5 (13) TOTAL SEPARATION.—The term ‘‘total 

6 separation’’ means the layoff or severance of an indi7 vidual from employment with an applicable firm. 

8 (14) TOTALLY SEPARATED.—The term ‘‘totally 

9 separated’’ means, with respect to an individual, 

10 that such individual is experiencing total separation. 

11 Subtitle A—Adjustment Assistance 

12 Program 

13 PART I—GROUP CERTIFICATION 

14 SEC. 211. PETITIONS. 

15 (a) IN GENERAL.—A petition for a group of workers 

16 to be certified under section 213 for eligibility to apply 

17 for adjustment assistance may be submitted to the Sec18 retary by any of the following: 

19 (1) Not less than 3 workers on behalf of the 

20 group of workers petitioning for such certification. 

21 (2) A certified or recognized labor organization, 

22 or any other duly authorized representative of such 

23 workers (as determined by the Secretary), rep24 resenting not less than 3 of the workers in the 

25 group. 


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1 (3) The applicable firm. 

2 (b) ACTIONS BY THE SECRETARY.—On receipt of a 

3 petition submitted under subsection (a), the Secretary 

4 shall— 

5 (1) ensure that rapid response activities and ap6 propriate career services (as described in section 134 

7 of the Workforce Innovation and Opportunity Act 

8 (29 U.S.C. 3174)) authorized under other Federal 

9 laws are made available to the workers covered by 

10 the petition to the extent authorized under such 

11 laws; 

12 (2) verify the information included in the peti13 tion; and 

14 (3) publish notice in the Federal Register and 

15 on the Web site of the Department of Labor that 

16 the Secretary has received such petition and has ini17 tiated an investigation into whether the group of 

18 workers shall be certified under section 213. 

19 (c) HEARING.— 

20 (1) IN GENERAL.—If an individual who submits 

21 a petition under subsection (a), or any other indi22 vidual determined by the Secretary to have a sub23 stantial interest in the outcome of the decision of the 

24 Secretary regarding certification under section 213, 


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1 submits a request for a hearing in accordance with 

2 paragraph (2), the Secretary shall— 

3 (A) provide for a public hearing; and 

4 (B) afford such individual an opportunity 

5 to be present, produce evidence, and be heard. 

6 (2) SUBMISSION.—The request under para7 graph (1) shall be submitted to the Secretary not 

8 later than 10 days after the date on which the Sec9 retary publishes notice in the Federal Register under 

10 subsection (b)(3). 

11 SEC. 212. GROUP ELIGIBILITY REQUIREMENTS. 

12 (a) CRITERIA.— 

13 (1) IN GENERAL.—A group of workers shall be 

14 certified by the Secretary as eligible to apply for ad15 justment assistance pursuant to a petition filed 

16 under section 211, if the Secretary determines 

17 that— 

18 (A) such petition covers not less than 3 

19 workers who are similarly situated as— 

20 (i) workers who work or have worked 

21 for the same applicable firm; 

22 (ii) workers who are totally or par23 tially separated, or threatened to be totally 

24 or partially separated, due to the same 

25 local or regional circumstance; or 


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1 (iii) workers who are serviced by the 

2 same one-stop center described in section 

3 121 of the Workforce Innovation and Op4 portunity Act (29 U.S.C. 3151); 

5 (B) such workers are workers who work in 

6 an industry that is a qualifying industry, as de7 termined under paragraph (2); 

8 (C) a significant number or proportion of 

9 the workers working for the applicable firm 

10 have become totally or partially separated or 

11 are threatened to become totally or partially 

12 separated; 

13 (D)(i) sales or production of the applicable 

14 firm have decreased absolutely; 

15 (ii) the applicable firm has been closed, re16 located, or acquired from another entity or for17 eign country; or 

18 (iii) the sales, production, or services of the 

19 applicable firm have caused a shift that has 

20 contributed to the total or partial separation, or 

21 threatened total or partial separation, of such 

22 workers; and 

23 (E) the total or partial separation, threat24 ened total or partial separation, or any of the 


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1 actions described in subparagraph (D), are di2 rectly attributable to— 

3 (i) actions by the Federal Govern4 ment; 

5 (ii) the low cost of competing alter6 native forms of energy; or 

7 (iii) other reasons as determined by 

8 the Secretary. 

9 (2) QUALIFYING INDUSTRY.— 

10 (A) INITIAL PERIOD.—For any group fil11 ing a petition under section 211 on a date that 

12 is during the period beginning on the date of 

13 enactment of this Act and ending on the date 

14 that is 5 years after such date of enactment, a 

15 qualifying industry shall be a coal-related or 

16 coal-dependent industry, as determined by the 

17 Secretary. 

18 (B) SUBSEQUENT YEARS.— 

19 (i) SYSTEM.—For any group filing a 

20 petition under section 211 on a date that 

21 is after the 5-year period described in sub22 paragraph (A), the Secretary shall estab23 lish a system in accordance with this sub24 paragraph for determining industries (in 

25 addition to the coal-related or coal-dependVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 ent industry) to add as qualifying indus2 tries. 

3 (ii) QUALIFICATIONS.—To be added 

4 as a qualifying industry under clause (i), 

5 an industry shall be— 

6 (I) an energy industry; and 

7 (II) an industry for which the 

8 Secretary, in consultation with the 

9 Secretary of Commerce, has deter10 mined that, during the 5-year period 

11 preceding the determination of the 

12 Secretary under this subparagraph, 

13 not less than 20 percent of the work14 ers in such industry are totally or par15 tially separated or are threatened to 

16 become totally or partially separated. 

17 (iii) TIMING.—On the date that is 5 

18 years after the date of enactment of this 

19 Act, and each year thereafter, the Sec20 retary, in consultation with the Secretary 

21 of Commerce, shall determine if any indus22 try meets the qualifications under clause 

23 (ii) and add any such industry as a quali24 fying industry. 


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1 (C) INDEFINITELY QUALIFIED.—Notwith2 standing any other provision in this paragraph, 

3 an industry that is a qualifying industry, under 

4 subparagraph (A) or (B), shall indefinitely re5 main a qualifying industry. 

6 (b) BASIS FOR SECRETARY’S DETERMINATIONS.— 

7 (1) IN GENERAL.—The Secretary shall, in de8 termining whether to certify a group of workers 

9 under section 213, obtain from the workers, the ap10 plicable firm, or a customer of the applicable firm, 

11 information the Secretary determines to be nec12 essary to make such certification, through question13 naires and in any other manner that the Secretary 

14 determines appropriate. 

15 (2) STANDARDS; CRITERIA.—The Secretary 

16 shall establish— 

17 (A) standards, including data require18 ments, to investigate petitions filed under sec19 tion 211; and 

20 (B) criteria for making determinations 

21 under section 213. 

22 (3) ADDITIONAL INFORMATION.—The Secretary 

23 may seek additional information to determine wheth24 er to certify a group of workers— 

25 (A) by contacting— 


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1 (i) officials or workers of the applica2 ble firm; 

3 (ii) officials of a certified or recog4 nized labor organization or other duly au5 thorized representative of the group of 

6 workers; 

7 (iii) State or regional departments of 

8 labor, energy, the environment, economic 

9 development, or commerce or that regulate 

10 utilities; or 

11 (iv) the Administrator, the Secretary, 

12 the Federal Energy Regulatory Commis13 sion, the Secretary of the Army (acting 

14 through the Chief of Engineers), the Sec15 retary of the Interior, the United States 

16 Geological Survey, the Secretary of Agri17 culture, the Secretary of Commerce, or the 

18 Secretary of the Treasury, as applicable; 

19 and 

20 (B) by using any other available sources of 

21 information. 

22 (4) VERIFICATION OF INFORMATION.— 

23 (A) CERTIFICATION.—The Secretary shall 

24 require the worker, applicable firm, or a cus25 tomer of such firm to certify— 


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1 (i) all information obtained under 

2 paragraph (1) through questionnaires; and 

3 (ii) all other information obtained 

4 under paragraph (1) from such worker, 

5 firm, or customer on which the Secretary 

6 relies in making a determination under 

7 section 213, unless the Secretary has a 

8 reasonable basis for determining that such 

9 information is accurate and complete with10 out being certified. 

11 (B) USE OF SUBPOENAS.— 

12 (i) IN GENERAL.—Except as provided 

13 in clause (ii), if a worker, applicable firm, 

14 or customer of such firm fails to provide 

15 information requested by the Secretary 

16 under paragraph (1) within 20 days after 

17 the date of such request, the Secretary 

18 shall obtain such information by subpoena 

19 in accordance with section 214. 

20 (ii) EXCEPTION.—The requirement 

21 under clause (i) shall not apply if the 

22 worker, applicable firm, or customer of 

23 such firm demonstrates to the satisfaction 

24 of the Secretary that such worker, firm, or 


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1 customer will provide the information with2 in a reasonable period of time. 

3 (C) PROTECTION OF CONFIDENTIAL IN4 FORMATION.— 

5 (i) IN GENERAL.—The Secretary may 

6 not release information obtained under 

7 paragraph (1) that the Secretary considers 

8 to be confidential business information or 

9 personally identifiable information unless 

10 the worker, applicable firm, or customer 

11 whose information is at issue had notice, 

12 at the time of submission, that the infor13 mation would be released by the Secretary, 

14 or such worker, applicable firm, or cus15 tomer subsequently consents to the release 

16 of the information. 

17 (ii) EXCEPTION.—Nothing in this 

18 subparagraph prohibits the Secretary from 

19 providing the confidential business infor20 mation described in clause (i) to a court in 

21 camera or to another party under a protec22 tive order issued by a court. 

23 SEC. 213. DETERMINATIONS AND CERTIFICATIONS. 

24 (a) IN GENERAL.—As soon as practicable after the 

25 date on which a petition is filed under section 211 and, 


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1 subject to subsection (e), not later than 40 days after that 

2 date, the Secretary shall— 

3 (1) determine whether the petitioning group 

4 meets the requirements under section 212(a); and 

5 (2) issue a certification of eligibility to apply for 

6 adjustment assistance covering the workers in any 

7 group which meets such requirements. 

8 (b) DATE OF SEPARATION.—Each certification 

9 issued under subsection (a)(2) shall specify the date on 

10 which the total or partial separation began or threatened 

11 to begin. 

12 (c) PUBLICATION.— 

13 (1) IN GENERAL.—Not later than 5 days after 

14 reaching a determination on a petition filed under 

15 section 211, the Secretary shall publish a summary 

16 of the determination in the Federal Register and on 

17 the Web site of the Department of Labor, together 

18 with the reasons of the Secretary for making such 

19 determination. 

20 (2) LIMITATION ON PERSONAL INFORMATION.— 

21 The publication under paragraph (1)— 

22 (A) shall not include any personal informa23 tion, including names, of workers certified; and 

24 (B) may include information regarding the 

25 applicable firm. 


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1 (d) TERMINATION OF CERTIFICATION.—Whenever 

2 the Secretary determines, with respect to any certification 

3 of eligibility of the workers of an applicable firm, that total 

4 or partial separations, or threatened total or partial sepa5 rations, from such firm are no longer attributable to the 

6 factors described in subparagraph (E) of section 

7 212(a)(1), the Secretary shall— 

8 (1) terminate such certification; and 

9 (2) promptly have notice of such termination, 

10 and the reasons for such termination, published in 

11 the Federal Register and on the Web site of the De12 partment of Labor. 

13 (e) EXTENSION.—The Secretary may have an exten14 sion for completing the determination or issuance under 

15 subsection (a) if any individual fails to comply with the 

16 requirements for providing information under section 

17 212(b). 

18 SEC. 214. SUBPOENA POWER. 

19 (a) IN GENERAL.—In the case described in section 

20 212(b)(4)(B), the Secretary may require by subpoena the 

21 attendance of witnesses and the production of evidence 

22 necessary for the Secretary to make a determination under 

23 section 213. 

24 (b) CONTUMACY.—If a person refuses to obey a sub25 poena issued under subsection (a), a United States district 


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1 court within the jurisdiction of which the relevant pro2 ceeding under this title is conducted may, on petition by 

3 the Secretary, issue an order requiring compliance with 

4 such subpoena. 

5 SEC. 215. JUDICIAL REVIEW. 

6 A denial of a certification under section 213 shall be 

7 subject to judicial review in accordance with chapter 7 of 

8 title 5, United States Code. 

9 PART II—INDIVIDUAL APPLICATIONS; 

10 TERMINATION OF ASSISTANCE 

11 SEC. 221. ADJUSTMENT ASSISTANCE. 

12 (a) IN GENERAL.—In accordance with this part, the 

13 Secretary shall award adjustment assistance for a cal14 endar year to any individual who— 

15 (1) submits an application for an adjustment 

16 assistance option under any of paragraphs (1) 

17 through (3) of subsection (b) to the Secretary in a 

18 manner determined by the Secretary; 

19 (2) is determined by the Secretary to be a cer20 tified adversely affected worker as of the date on 

21 which such individual submits the application; and 

22 (3) meets all requirements under this section 

23 with respect to the applicable adjustment assistance 

24 option. 


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1 (b) OPTIONS.—For a calendar year, an individual 

2 may apply for adjustment assistance under not more than 

3 1 of the following options: 

4 (1) OPTION A.—Option A shall consist of ad5 justment assistance that is— 

6 (A) federally funded unemployment com7 pensation under part III, and the amendments 

8 made by such part; 

9 (B) premium subsidy credits and cost 

10 sharing benefits for health insurance under sec11 tion 241, and the amendments made by such 

12 section; and 

13 (C) additional pension benefits under sec14 tion 243, and the amendment made by such 

15 section. 

16 (2) OPTION B.—Option B shall consist of ad17 justment assistance that is— 

18 (A)(i) funding in an amount equal to the 

19 cost of attendance (as defined in section 472 of 

20 the Higher Education Act of 1965 (20 U.S.C. 

21 1087ll)), for a program of education or training 

22 of not more than 4 years at a public institution 

23 of higher education (as defined in section 102 

24 of such Act (20 U.S.C. 1002)), subject to para25 graph (4); or 


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1 (ii)(I) training services and appropriate ca2 reer services under section 242; 

3 (II) job search allowances and relocation 

4 allowances under section 242, for individuals 

5 who meet the requirements under subsections 

6 (d) and (e) of that section, respectively; and 

7 (III) an amount for living expenses that is 

8 based on, and calculated in the same manner 

9 as, the cost of attendance, as defined in that 

10 section, for the training services and career 

11 services, subject to paragraph (4); and 

12 (B) premium subsidy credits and cost 

13 sharing benefits for health insurance under sec14 tion 241, and the amendments made by such 

15 section, and additional pension benefits under 

16 section 243, and the amendment made by such 

17 section. 

18 (3) OPTION C.—Option C shall— 

19 (A) be for an individual who is 62 years of 

20 age or older on the date on which such indi21 vidual submits an application under subsection 

22 (a) and— 

23 (i) retires from the adversely affected 

24 employment not later than 120 days after 


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1 the date on which such individual becomes 

2 a certified adversely affected worker; or 

3 (ii) in the case of an individual whose 

4 adversely affected employment was at an 

5 applicable firm that is no longer capable of 

6 providing the full retirement pension and 

7 health care benefits as promised, has re8 tired prior to the date on which such indi9 vidual becomes a certified adversely af10 fected worker; and 

11 (B) consist of adjustment assistance that 

12 is— 

13 (i) the premium subsidy credits and 

14 cost sharing benefits for health insurance 

15 under section 241, and the amendments 

16 made by such section; and 

17 (ii) additional pension benefits under 

18 section 243, and the amendment made by 

19 such section. 

20 (4) SPECIAL RULE.—Any amount provided for 

21 the cost of attendance of a program of education or 

22 training under paragraph (2)(A)(i), or for living ex23 penses related to training services under paragraph 

24 (2)(A)(ii), shall be reduced by any amount provided 

25 toward such cost of attendance or living expenses 


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1 under section 242, section 401 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1070a), or any other 

3 Federal grant assistance program. 

4 (c) REAPPLICATION PROCESS.—An individual who 

5 has received adjustment assistance for a calendar year 

6 shall reapply for such assistance for any subsequent cal7 endar year subject to subsection (d). 

8 (d) LIMITATIONS.— 

9 (1) OPTION A.—An individual may receive ad10 justment assistance under subsection (b)(1) for not 

11 more than 3 years. 

12 (2) OPTION B.—An individual may receive ad13 justment assistance under subsection (b)(2) for not 

14 more than 4 years. 

15 (e) FLEXIBILITY IN OPTIONS.—During a calendar 

16 year, an individual receiving adjustment assistance under 

17 an option under subsection (b) may terminate adjustment 

18 assistance under that option and apply to receive adjust19 ment assistance under a different option under such sub20 section. 

21 SEC. 222. TERMINATION OF ADJUSTMENT ASSISTANCE. 

22 (a) DEFINITION OF COMPARABLE BENEFITS.—In 

23 this section, the term ‘‘comparable benefits’’ means bene24 fits that provide the individual with not less than 90 per25 cent of the salary, pension benefits, and health care beneVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 fits provided to the individual by the applicable firm imme2 diately prior to the individual becoming an adversely af3 fected worker. 

4 (b) NOTIFICATION OF COMPARABLE BENEFITS.— 

5 Not later than 60 days after obtaining comparable bene6 fits, an individual receiving adjustment assistance shall 

7 notify the Secretary of such comparable benefits. 

8 (c) TERMINATION.—Any adjustment assistance pro9 vided to an individual under this subtitle shall terminate 

10 not later than 60 days after the date on which such indi11 vidual obtains comparable benefits. 

12 PART III—FEDERALLY FUNDED UNEMPLOYMENT 

13 COMPENSATION 

14 SEC. 231. TEMPORARY ADDITIONAL UNEMPLOYMENT COM15 PENSATION PROGRAM FOR CERTAIN AD16 VERSELY AFFECTED WORKERS. 

17 (a) FEDERAL-STATE AGREEMENTS.—Any State that 

18 desires to do so may enter into and participate in an 

19 agreement under this section with the Secretary. Any 

20 State that is a party to an agreement under this section 

21 may, upon providing 30 days’ written notice to the Sec22 retary, terminate such agreement. 

23 (b) PROVISIONS OF AGREEMENT.— 

24 (1) IN GENERAL.—Any agreement under sub25 section (a) shall provide that the State agency of the 


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1 State will make payments of temporary additional 

2 unemployment compensation to applicable individ3 uals who— 

4 (A) have exhausted all rights to regular 

5 compensation under the State law or under 

6 Federal law with respect to a benefit year; 

7 (B) have no rights to regular compensation 

8 with respect to a week under such law or any 

9 other State unemployment compensation law or 

10 to compensation under any other Federal law; 

11 (C) are not receiving compensation with 

12 respect to such week under the unemployment 

13 compensation law of Canada; and 

14 (D) are able to work, available to work, 

15 and actively seeking work. 

16 (2) EXHAUSTION OF BENEFITS.—For purposes 

17 of paragraph (1)(A), an applicable individual shall 

18 be deemed to have exhausted such individual’s rights 

19 to regular compensation under a State law when— 

20 (A) no payments of regular compensation 

21 can be made under such law because such indi22 vidual has received all regular compensation 

23 available to such individual based on employ24 ment or wages during such individual’s base pe25 riod; or 


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1 (B) such individual’s rights to such com2 pensation have been terminated by reason of 

3 the expiration of the benefit year with respect 

4 to which such rights existed. 

5 (3) WEEKLY BENEFIT AMOUNT, ETC.— 

6 (A) IN GENERAL.—Subject to paragraph 

7 (4), for purposes of any agreement under this 

8 section— 

9 (i) the amount of temporary addi10 tional unemployment compensation that 

11 shall be payable to any applicable indi12 vidual for any week of total unemployment 

13 shall be equal to the amount of the regular 

14 compensation (including dependents’ allow15 ances) payable to such individual during 

16 such individual’s benefit year under the 

17 State law for a week of total unemploy18 ment; 

19 (ii) subject to subparagraph (B), the 

20 terms and conditions of the State law 

21 which apply to claims for regular com22 pensation and to the payment thereof (in23 cluding terms and conditions relating to 

24 availability for work, active search for 

25 work, and refusal to accept work) shall 


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1 apply to claims for temporary additional 

2 unemployment compensation and the pay3 ment thereof, except— 

4 (I) that an applicable individual 

5 shall not be eligible for temporary ad6 ditional unemployment compensation 

7 unless, in the base period with respect 

8 to which such individual exhausted all 

9 rights to regular compensation under 

10 the State law, such individual had 20 

11 weeks of full-time insured employment 

12 or the equivalent in insured wages, as 

13 determined under the provisions of 

14 the State law implementing section 

15 202(a)(5) of the Federal-State Ex16 tended Unemployment Compensation 

17 Act of 1970 (26 U.S.C. 3304 note; 

18 Public Law 91–373); and 

19 (II) where otherwise inconsistent 

20 with the provisions of this section or 

21 with the regulations or operating in22 structions of the Secretary promul23 gated to carry out this section; and 

24 (iii) the maximum amount of tem25 porary additional unemployment compensaVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 tion payable to any applicable individual is 

2 156 weeks. 

3 (B) EXCEPTION.—Under an agreement 

4 under this section, temporary additional unem5 ployment compensation shall not be denied 

6 under subparagraph (A) to an applicable indi7 vidual for any week by reason of a failure to ac8 cept an offer of, or apply for, work if the work 

9 does not provide for comparable benefits (as de10 fined in section 222(c)). 

11 (4) NO NEW BENEFIT YEAR.—In determining 

12 the amount under paragraph (3), a State shall not 

13 establish a new benefit year with respect to applica14 ble individuals. 

15 (5) COORDINATION RULE.—Notwithstanding 

16 any other provision of Federal law (and if the State 

17 law permits), the Governor of a State that is in an 

18 extended benefit period may provide for the payment 

19 of emergency unemployment compensation prior to 

20 temporary additional unemployment compensation to 

21 applicable individuals who otherwise meet the re22 quirements of this section. 

23 (6) UNAUTHORIZED ALIENS INELIGIBLE.—A 

24 State shall require as a condition of temporary addi25 tional unemployment compensation that each alien 


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1 who receives such compensation must be legally au2 thorized to work in the United States, as defined for 

3 purposes of the Federal Unemployment Tax Act (26 

4 U.S.C. 3301 et seq.). In determining whether an 

5 alien meets the requirements of this subsection, a 

6 State must follow the procedures provided in section 

7 1137(d) of the Social Security Act (42 U.S.C. 

8 1320b–7(d)). 

9 (c) PAYMENTS TO STATES.— 

10 (1) IN GENERAL.— 

11 (A) FULL REIMBURSEMENT.—There shall 

12 be paid to each State which has entered into an 

13 agreement under this section an amount equal 

14 to 100 percent of— 

15 (i) the total amount of additional 

16 weeks of temporary additional unemploy17 ment compensation paid to applicable indi18 viduals by the State pursuant to such 

19 agreement; and 

20 (ii) any additional administrative ex21 penses incurred by the State by reason of 

22 such agreement (as determined by the Sec23 retary). 

24 (B) TERMS OF PAYMENTS.—Sums payable 

25 to any State by reason of such State’s having 


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1 an agreement under this section shall be pay2 able, either in advance or by way of reimburse3 ment (as determined by the Secretary), in such 

4 amounts as the Secretary estimates the State 

5 will be entitled to receive under this section for 

6 a period, reduced or increased, as the case may 

7 be, by any amount by which the Secretary finds 

8 that his estimates for any prior period were 

9 greater or less than the amounts which should 

10 have been paid to the State. Such estimates 

11 may be made on the basis of such statistical, 

12 sampling, or other method as may be agreed 

13 upon by the Secretary and the State agency of 

14 the State involved. 

15 (2) CERTIFICATIONS.—The Secretary shall 

16 from time to time certify to the Secretary of the 

17 Treasury for payment to each State the sums pay18 able to such State under this section. 

19 (3) FUNDING.—Payments to States under an 

20 agreement under this section shall be made from the 

21 Trust Fund established under section 251. 

22 (d) FRAUD AND OVERPAYMENTS.— 

23 (1) IN GENERAL.—If an individual knowingly 

24 has made, or caused to be made by another, a false 

25 statement or representation of a material fact, or 


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1 knowingly has failed, or caused another to fail, to 

2 disclose a material fact, and as a result of such false 

3 statement or representation or of such nondisclosure 

4 such individual has received an amount of temporary 

5 additional unemployment compensation to which 

6 such individual was not entitled, such individual— 

7 (A) shall be ineligible for further tem8 porary additional unemployment compensation 

9 in accordance with the provisions of the applica10 ble State unemployment compensation law re11 lating to fraud in connection with a claim for 

12 unemployment compensation; and 

13 (B) shall be subject to prosecution under 

14 section 1001 of title 18, United States Code. 

15 (2) REPAYMENT.—In the case of individuals 

16 who have received amounts of temporary additional 

17 unemployment compensation to which they were not 

18 entitled, the State shall require such individuals to 

19 repay the amounts of such temporary additional un20 employment compensation to the State agency, ex21 cept that the State agency may waive such repay22 ment if it determines that— 

23 (A) the payment of such temporary addi24 tional unemployment compensation was without 

25 fault on the part of any such individual; and 


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1 (B) such repayment would be contrary to 

2 equity and good conscience. 

3 (3) RECOVERY BY STATE AGENCY.— 

4 (A) IN GENERAL.—The State agency shall 

5 recover the amount to be repaid, or any part 

6 thereof, by deductions from any temporary ad7 ditional unemployment compensation payable to 

8 such individual under this section or from any 

9 unemployment compensation payable to such 

10 individual under any State or Federal unem11 ployment compensation law administered by the 

12 State agency or under any other State or Fed13 eral law administered by the State agency 

14 which provides for the payment of any assist15 ance or allowance with respect to any week of 

16 unemployment, during the 3-year period after 

17 the date such individual received the payment 

18 of the temporary additional unemployment com19 pensation to which the individual was not enti20 tled, in accordance with the same procedures as 

21 apply to the recovery of overpayments of reg22 ular unemployment benefits paid by the State. 

23 (B) OPPORTUNITY FOR HEARING.—No re24 payment shall be required, and no deduction 

25 shall be made, until a determination has been 


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1 made, notice thereof and an opportunity for a 

2 fair hearing has been given to the individual, 

3 and the determination has become final. 

4 (4) REVIEW.—Any determination by a State 

5 agency under this subsection shall be subject to re6 view in the same manner and to the same extent as 

7 determinations under the State unemployment com8 pensation law, and only in that manner and to that 

9 extent. 

10 (e) APPLICABILITY.— 

11 (1) IN GENERAL.—An agreement entered into 

12 under this section shall apply to weeks of unemploy13 ment— 

14 (A) beginning after the date on which such 

15 agreement is entered into; and 

16 (B) ending on or before January 1, 2020. 

17 (2) TERMINATION.—No temporary additional 

18 unemployment compensation under this section shall 

19 be payable for any week subsequent to the last week 

20 described in paragraph (1)(B). 

21 (f) DEFINITIONS.—In this section: 

22 (1) APPLICABLE INDIVIDUAL.—The term ‘‘ap23 plicable individual’’ means, with respect to a week of 

24 temporary additional unemployment compensation, 

25 an individual who— 


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1 (A) is a certified adversely affected worker 

2 (as defined in section 202) for such week; and 

3 (B) has been awarded adjustment assist4 ance for option A under section 221(b) for such 

5 week. 

6 (2) EB PROGRAM DEFINITIONS.—The terms 

7 ‘‘compensation’’, ‘‘regular compensation’’, ‘‘extended 

8 compensation’’, ‘‘benefit year’’, ‘‘base period’’, 

9 ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ 

10 have the respective meanings given such terms under 

11 section 205 of the Federal-State Extended Unem12 ployment Compensation Act of 1970 (26 U.S.C. 

13 3304 note). 

14 SEC. 232. PERMANENT STATE REQUIREMENT FOR THE 

15 PROVISION OF ADDITIONAL UNEMPLOYMENT 

16 COMPENSATION FOR CERTAIN ADVERSELY 

17 AFFECTED WORKERS. 

18 (a) UNEMPLOYMENT COMPENSATION.—Chapter 23 

19 of subtitle C of the Internal Revenue Code of 1986 is 

20 amended— 

21 (1) in section 3304(a)— 

22 (A) in paragraph (18), by striking ‘‘and’’ 

23 at the end; 

24 (B) by redesignating paragraph (19) as 

25 paragraph (20); and 


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1 (C) by inserting after paragraph (18) the 

2 following new paragraph: 

3 ‘‘(19) additional unemployment compensation 

4 for applicable individuals shall be payable as pro5 vided in section 3312; and’’; and 

6 (2) by adding at the end the following: 

7 ‘‘SEC. 3312. ADDITIONAL UNEMPLOYMENT COMPENSATION 

8 FOR CERTAIN ADVERSELY AFFECTED WORK9 ERS. 

10 ‘‘(a) ADDITIONAL UNEMPLOYMENT COMPENSA11 TION.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) IN GENERAL.—For purposes of sec14 tion 3304(a)(19), a State law shall provide that 

15 payment of additional unemployment compensa16 tion shall be made to applicable individuals 

17 who— 

18 ‘‘(i) have exhausted all rights to reg19 ular compensation under the State law or 

20 under Federal law with respect to a benefit 

21 year; 

22 ‘‘(ii) have no rights to regular com23 pensation with respect to a week under 

24 such law or any other State unemployment 


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1 compensation law or to compensation 

2 under any other Federal law; 

3 ‘‘(iii) are not receiving compensation 

4 with respect to such week under the unem5 ployment compensation law of Canada; and 

6 ‘‘(iv) are able to work, available to 

7 work, and actively seeking work. 

8 ‘‘(B) EXCEPTION.—Additional unemploy9 ment compensation shall not be denied under 

10 subparagraph (A) to an applicable individual 

11 for any week by reason of a failure to accept an 

12 offer of, or apply for, work if the work does not 

13 provide for comparable benefits (as defined in 

14 section 232(c) of the Clean Energy Worker 

15 Just Transition Act). 

16 ‘‘(2) EXHAUSTION OF BENEFITS.—For pur17 poses of paragraph (1)(A), an applicable individual 

18 shall be deemed to have exhausted such individual’s 

19 rights to regular compensation under a State law 

20 when— 

21 ‘‘(A) no payments of regular compensation 

22 can be made under such law because such indi23 vidual has received all regular compensation 

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1 ment or wages during such individual’s base pe2 riod; or 

3 ‘‘(B) such individual’s rights to such com4 pensation have been terminated by reason of 

5 the expiration of the benefit year with respect 

6 to which such rights existed. 

7 ‘‘(3) WEEKLY BENEFIT AMOUNT, ETC.— 

8 ‘‘(A) IN GENERAL.—Subject to paragraph 

9 (4), for purposes of this section— 

10 ‘‘(i) the amount of additional unem11 ployment compensation which shall be pay12 able to any applicable individual for any 

13 week of total unemployment shall be equal 

14 to the amount of the regular compensation 

15 (including dependents’ allowances) payable 

16 to such individual during such individual’s 

17 benefit year under the State law for a 

18 week of total unemployment; 

19 ‘‘(ii) the terms and conditions of the 

20 State law which apply to claims for regular 

21 compensation and to the payment thereof 

22 (including terms and conditions relating to 

23 availability for work, active search for 

24 work, and refusal to accept work) shall 

25 apply to claims for additional unemployVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 ment compensation and the payment there2 of, except— 

3 ‘‘(I) that an applicable individual 

4 shall not be eligible for additional un5 employment compensation unless, in 

6 the base period with respect to which 

7 such individual exhausted all rights to 

8 regular compensation under the State 

9 law, such individual had 20 weeks of 

10 full-time insured employment or the 

11 equivalent in insured wages, as deter12 mined under the provisions of the 

13 State law implementing section 

14 202(a)(5) of the Federal-State Ex15 tended Unemployment Compensation 

16 Act of 1970 (26 U.S.C. 3304 note); 

17 and 

18 ‘‘(II) where otherwise incon19 sistent with the provisions of this sec20 tion or with the regulations or oper21 ating instructions of the Secretary of 

22 Labor promulgated to carry out this 

23 section; and 


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1 ‘‘(iii) the maximum amount of addi2 tional unemployment compensation payable 

3 to any applicable individual is 156 weeks. 

4 ‘‘(B) TRANSITION FOR APPLICABLE INDI5 VIDUALS RECEIVING COMPENSATION UNDER

6 THE TEMPORARY ADDITIONAL UNEMPLOYMENT

7 COMPENSATION PROGRAM.—In the case of an 

8 applicable individual who received temporary 

9 additional unemployment compensation under 

10 section 231 of the Clean Energy Worker Just 

11 Transition Act for weeks ending prior to Janu12 ary 1, 2020— 

13 ‘‘(i) the number of weeks described in 

14 subparagraph (A)(iii) shall be reduced by 

15 the number of weeks such individual re16 ceived the temporary additional unemploy17 ment compensation under such section 

18 231; and 

19 ‘‘(ii) in determining the amount under 

20 subparagraph (A) for such individual, the 

21 State shall use the same benefit year as 

22 was used for such individual under such 

23 section 231. 

24 ‘‘(4) NO NEW BENEFIT YEAR.—In determining 

25 the amount under paragraph (3), a State shall not 


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1 establish a new benefit year with respect to applica2 ble individuals. 

3 ‘‘(5) COORDINATION RULE.—Notwithstanding 

4 any other provision of Federal law (and if the State 

5 law permits), the Governor of a State that is in an 

6 extended benefit period may provide for the payment 

7 of emergency unemployment compensation prior to 

8 additional unemployment compensation to applicable 

9 individuals who otherwise meet the requirements of 

10 this section. 

11 ‘‘(6) UNAUTHORIZED ALIENS INELIGIBLE.—A 

12 State shall require as a condition of additional un13 employment compensation that each alien who re14 ceives such compensation must be legally authorized 

15 to work in the United States, as defined for pur16 poses of the Federal Unemployment Tax Act (26 

17 U.S.C. 3301 et seq.). In determining whether an 

18 alien meets the requirements of this subsection, a 

19 State must follow the procedures provided in section 

20 1137(d) of the Social Security Act (42 U.S.C. 

21 1320b–7(d)). 

22 ‘‘(b) PAYMENTS TO STATES.— 

23 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) FULL REIMBURSEMENT.—There shall 

2 be paid to each State an amount equal to 100 

3 percent of— 

4 ‘‘(i) the total amount of additional un5 employment compensation paid to applica6 ble individuals by the State pursuant to 

7 this section; and 

8 ‘‘(ii) any additional administrative ex9 penses incurred by the State by reason of 

10 this section (as determined by the Sec11 retary of Labor). 

12 ‘‘(B) TERMS OF PAYMENTS.—Sums pay13 able to any State by reason of this section shall 

14 be payable, either in advance or by way of reim15 bursement (as determined by the Secretary of 

16 Labor), in such amounts as the Secretary of 

17 Labor estimates the State will be entitled to re18 ceive under this section for a period, reduced or 

19 increased, as the case may be, by any amount 

20 by which the Secretary of Labor finds that his 

21 estimates for any prior period were greater or 

22 less than the amounts which should have been 

23 paid to the State. Such estimates may be made 

24 on the basis of such statistical, sampling, or 

25 other method as may be agreed upon by the 


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1 Secretary of Labor and the State agency of the 

2 State involved. 

3 ‘‘(2) CERTIFICATIONS.—The Secretary of 

4 Labor shall from time to time certify to the Sec5 retary of the Treasury for payment to each State the 

6 sums payable to such State under this section. 

7 ‘‘(3) FUNDING.—Payments to States under an 

8 agreement under this section shall be made from the 

9 Clean Energy Workers Trust Fund established 

10 under section 251 of the Clean Energy Worker Just 

11 Transition Act. 

12 ‘‘(c) FRAUD AND OVERPAYMENTS.— 

13 ‘‘(1) IN GENERAL.—If an individual knowingly 

14 has made, or caused to be made by another, a false 

15 statement or representation of a material fact, or 

16 knowingly has failed, or caused another to fail, to 

17 disclose a material fact, and as a result of such false 

18 statement or representation or of such nondisclosure 

19 such individual has received an amount of additional 

20 unemployment compensation to which such indi21 vidual was not entitled, such individual— 

22 ‘‘(A) shall be ineligible for further addi23 tional unemployment compensation in accord24 ance with the provisions of the applicable State 

25 unemployment compensation law relating to 


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1 fraud in connection with a claim for unemploy2 ment compensation; and 

3 ‘‘(B) shall be subject to prosecution under 

4 section 1001 of title 18, United States Code. 

5 ‘‘(2) REPAYMENT.—In the case of individuals 

6 who have received amounts of additional unemploy7 ment compensation to which they were not entitled, 

8 the State shall require such individuals to repay the 

9 amounts of such additional unemployment com10 pensation to the State agency, except that the State 

11 agency may waive such repayment if it determines 

12 that— 

13 ‘‘(A) the payment of such additional unem14 ployment compensation was without fault on 

15 the part of any such individual; and 

16 ‘‘(B) such repayment would be contrary to 

17 equity and good conscience. 

18 ‘‘(3) RECOVERY BY STATE AGENCY.— 

19 ‘‘(A) IN GENERAL.—The State agency 

20 shall recover the amount to be repaid, or any 

21 part thereof, by deductions from any additional 

22 unemployment compensation payable to such 

23 individual under this section or from any unem24 ployment compensation payable to such indi25 vidual under any State or Federal unemployVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 ment compensation law administered by the 

2 State agency or under any other State or Fed3 eral law administered by the State agency 

4 which provides for the payment of any assist5 ance or allowance with respect to any week of 

6 unemployment, during the 3-year period after 

7 the date such individuals received the payment 

8 of the additional unemployment compensation 

9 to which they were not entitled, in accordance 

10 with the same procedures as apply to the recov11 ery of overpayments of regular unemployment 

12 benefits paid by the State. 

13 ‘‘(B) OPPORTUNITY FOR HEARING.—No 

14 repayment shall be required, and no deduction 

15 shall be made, until a determination has been 

16 made, notice thereof and an opportunity for a 

17 fair hearing has been given to the individual, 

18 and the determination has become final. 

19 ‘‘(4) REVIEW.—Any determination by a State 

20 agency under this subsection shall be subject to re21 view in the same manner and to the same extent as 

22 determinations under the State unemployment com23 pensation law, and only in that manner and to that 

24 extent. 

25 ‘‘(d) DEFINITIONS.—In this section: 


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1 ‘‘(1) APPLICABLE INDIVIDUAL.—The term ‘ap2 plicable individual’ means, with respect to a week of 

3 additional unemployment compensation, an indi4 vidual who— 

5 ‘‘(A) is a certified adversely affected work6 er (as defined in section 202 of the Clean En7 ergy Worker Just Transition Act) for such 

8 week; and 

9 ‘‘(B) has been awarded adjustment assist10 ance for option A under section 221(b)(1) of 

11 such Act for such week. 

12 ‘‘(2) EB PROGRAM DEFINITIONS.—The terms 

13 ‘compensation’, ‘regular compensation’, ‘extended 

14 compensation’, ‘benefit year’, ‘base period’, ‘State’, 

15 ‘State agency’, ‘State law’, and ‘week’ have the re16 spective meanings given such terms under section 

17 205 of the Federal-State Extended Unemployment 

18 Compensation Act of 1970 (26 U.S.C. 3304 note).’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 23 of subtitle C of the Internal Revenue Code 

21 of 1986 is amended by adding at the end the following 

22 item: 

‘‘Sec. 3312. Additional unemployment compensation.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on January 1, 2020, and shall 


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1 apply to weeks of unemployment ending on or after such 

2 date. 

3 PART IV—OTHER BENEFITS AND SERVICES 

4 SEC. 241. ELIGIBILITY FOR PREMIUM SUBSIDY CREDIT AND 

5 COST SHARING BENEFITS FOR HEALTH IN6 SURANCE. 

7 (a) PREMIUM SUBSIDY CREDIT.— 

8 (1) IN GENERAL.—Paragraph (1) of section 

9 36B(c) of the Internal Revenue Code of 1986 is 

10 amended by adding at the end the following new 

11 subparagraph: 

12 ‘‘(E) SPECIAL RULE FOR CERTAIN CER13 TIFIED ADVERSELY AFFECTED WORKERS.—If— 

14 ‘‘(i) a taxpayer has a household in15 come which is not greater than 100 per16 cent of an amount equal to the poverty line 

17 for a family of the size involved, and 

18 ‘‘(ii) the taxpayer is a certified ad19 versely affected worker under section 202 

20 of the Clean Energy Worker Just Transi21 tion Act and has been awarded adjustment 

22 assistance under Option A, Option B, or 

23 Option C of section 211(b) of such Act, 

24 the taxpayer shall, for purposes of the credit 

25 under this section, be treated as an applicable 


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1 taxpayer with a household income which is 

2 equal to 100 percent of the poverty line for a 

3 family of the size involved.’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by this subsection shall apply to months beginning 

6 after December 31, 2017. 

7 (b) COST SHARING.—The second sentence of section 

8 1402(b) of the Patient Protection and Affordable Care Act 

9 is amended by striking ‘‘section 36B(c)(1)(B)’’ and insert10 ing ‘‘subparagraph (C) or (E) of section 36B(c)(1)’’. 

11 SEC. 242. TRAINING AND SUPPORT FOR EMPLOYMENT. 

12 (a) DEFINITIONS.—In this section: 

13 (1) CAREER SERVICES.—The term ‘‘career serv14 ices’’ means services described in section 134(c)(2) 

15 of the Workforce Innovation and Opportunity Act 

16 (29 U.S.C. 3174(c)(2)). 

17 (2) ELIGIBLE ADVERSELY AFFECTED WORK18 ER.—The term ‘‘eligible adversely affected worker’’ 

19 means a certified adversely affected worker who has 

20 been awarded adjustment assistance under section 

21 221(b)(2). 

22 (3) SUITABLE EMPLOYMENT.—The term ‘‘suit23 able employment’’, used with respect to an eligible 

24 adversely affected worker, means employment— 


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1 (A) at a wage that is not less than 90 per2 cent of the wage the worker received on the day 

3 before the date described in section 213(b); and 

4 (B) that meets such other requirements as 

5 the Secretary may specify. 

6 (4) TRAINING SERVICES.—The term ‘‘training 

7 services’’ means services provided under section 

8 134(c)(3) of the Workforce Innovation and Oppor9 tunity Act (29 U.S.C. 3174(c)(3)). 

10 (b) FUNDING.—Each fiscal year, the Secretary shall 

11 use a portion of the funds made available under section 

12 251 to carry out this section. From that portion, the Sec13 retary shall— 

14 (1) reserve an amount for the Secretary to use 

15 in ensuring the availability of rapid response activi16 ties and career services under section 211(b)(1); 

17 (2) reserve an amount to grant job search al18 lowances under subsection (d); 

19 (3) reserve an amount to grant relocation allow20 ance under subsection (e); and 

21 (4) use the remainder of the portion to carry 

22 out subsection (c). 

23 (c) CAREER SERVICES AND TRAINING SERVICES.— 

24 (1) FUNDING.—Each fiscal year, the Secretary 

25 shall use the remainder described in subsection 


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1 (b)(4) to provide career services and training serv2 ices to eligible adversely affected workers, or to con3 tribute to the costs of the one-stop delivery system 

4 involved. 

5 (2) TREATMENT OF FUNDS.—The Secretary 

6 shall treat the funds in that remainder as if the 

7 funds are part of the amount described in section 

8 132(b)(2)(B) of the Workforce Innovation and Op9 portunity Act (29 U.S.C. 3172(b)(2)(B)), except 

10 that— 

11 (A) all funds in that remainder may only 

12 be used to provide career services and training 

13 services to eligible adversely affected worker, or 

14 to contribute to the costs of the one-stop deliv15 ery system involved, as described in section 

16 133(b)(5)(B)(ii) of the Workforce Innovation 

17 and Opportunity Act (29 U.S.C. 

18 3173(b)(5)(B)(ii)); 

19 (B) the funds in that remainder shall not 

20 be counted for purposes of applying section 

21 132(b)(2)(B)(iii) or 133(b)(2)(B)(iii) of that 

22 Act (29 U.S.C. 3172(b)(2)(B)(iii), 

23 3173(b)(2)(B)(iii)); and 


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1 (C) section 133(b)(4) of that Act (29 

2 U.S.C. 3173(b)(4)) shall not apply to the funds 

3 in that remainder. 

4 (d) JOB SEARCH ALLOWANCES.— 

5 (1) JOB SEARCH ALLOWANCE AUTHORIZED.— 

6 (A) DISTRIBUTIONS.— 

7 (i) INITIAL DISTRIBUTION.—The Sec8 retary shall establish procedures for an ini9 tial distribution to States of reserved funds 

10 described in subsection (b)(2) and available 

11 for a fiscal year. Such procedures may in12 clude the distribution of funds pursuant to 

13 requests submitted by States in need of 

14 such funds. 

15 (ii) SUBSEQUENT DISTRIBUTION.— 

16 The Secretary shall establish procedures 

17 for the distribution to States of the re18 served funds that remain available for the 

19 fiscal year after the initial distribution re20 quired under clause (i). Such procedures 

21 may include the distribution of funds pur22 suant to requests submitted by States in 

23 need of such funds. 

24 (B) STATE USE OF FUNDS.—Each State 

25 may use funds distributed to the State under 


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1 subparagraph (A) to allow an eligible adversely 

2 affected worker who has completed a program 

3 of training services or has received appropriate 

4 career services to file an application with the 

5 Secretary for payment of a job search allow6 ance. 

7 (C) APPROVAL OF APPLICATIONS.—The 

8 Secretary may grant an allowance pursuant to 

9 an application filed under subparagraph (B) 

10 when all of the following apply: 

11 (i) ASSIST ELIGIBLE ADVERSELY AF12 FECTED WORKER.—The allowance is paid 

13 to assist a worker described in subpara14 graph (B) in securing a job within the 

15 United States. 

16 (ii) LOCAL EMPLOYMENT NOT AVAIL17 ABLE.—The Secretary determines that the 

18 worker cannot reasonably be expected to 

19 secure suitable employment in the com20 muting area in which the worker resides. 

21 (iii) APPLICATION.—The worker has 

22 filed an application for the allowance with 

23 the Secretary at such time and containing 

24 such information as the Secretary may de25 termine. 


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1 (2) AMOUNT OF ALLOWANCE.— 

2 (A) IN GENERAL.—Any allowance granted 

3 under paragraph (1) shall provide reimburse4 ment to the worker of not more than 90 percent 

5 of the necessary job search expenses of the 

6 worker as prescribed by the Secretary in regula7 tions. 

8 (B) MAXIMUM ALLOWANCE.—Reimburse9 ment under this paragraph may not exceed 

10 $1,250 for any worker. 

11 (C) EXCEPTION.—Notwithstanding sub12 paragraphs (A) and (B), a State may reimburse 

13 any worker described in paragraph (1)(B) for 

14 necessary expenses incurred by the worker in 

15 participating in a job search program approved 

16 by the Secretary. 

17 (e) RELOCATION ALLOWANCES.— 

18 (1) RELOCATION ALLOWANCE AUTHORIZED.— 

19 (A) DISTRIBUTIONS.— 

20 (i) INITIAL DISTRIBUTION.—The Sec21 retary shall establish procedures for an ini22 tial distribution to States of reserved funds 

23 described in subsection (b)(3) and available 

24 for a fiscal year. Such procedures may in25 clude the distribution of funds pursuant to 


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1 requests submitted by States in need of 

2 such funds. 

3 (ii) SUBSEQUENT DISTRIBUTION.— 

4 The Secretary shall establish procedures 

5 for the distribution to States of the re6 served funds that remain available for the 

7 fiscal year after the initial distribution re8 quired under clause (i). Such procedures 

9 may include the distribution of funds pur10 suant to requests submitted by States in 

11 need of such funds. 

12 (B) STATE USE OF FUNDS.—Each State 

13 may use funds distributed to the State under 

14 subparagraph (A) to allow an eligible adversely 

15 affected worker to file an application for a relo16 cation allowance with the Secretary, and the 

17 Secretary may grant the relocation allowance, 

18 subject to the terms and conditions of this sub19 section. 

20 (2) CONDITIONS FOR GRANTING ALLOWANCE.— 

21 The relocation allowance may be granted if all of the 

22 following terms and conditions are met: 

23 (A) ASSIST ELIGIBLE ADVERSELY AF24 FECTED WORKER.—The relocation allowance 

25 will assist an eligible adversely affected worker 


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1 in relocating within the United States to receive 

2 training services or for employment. 

3 (B) LOCAL EMPLOYMENT NOT AVAIL4 ABLE.—The Secretary determines that the 

5 worker cannot reasonably be expected to se6 cure— 

7 (i) in the case of a worker relocating 

8 to receive training services, suitable train9 ing services in the commuting area in 

10 which the worker resides; and 

11 (ii) in the case of a worker relocating 

12 for employment, suitable employment in 

13 that commuting area. 

14 (C) SEPARATION OR THREAT.—The work15 er is totally or partially separated, or is threat16 ened to become totally or partially separated, 

17 from employment at the time relocation com18 mences. 

19 (D) SUITABLE TRAINING OR EMPLOY20 MENT.—The worker— 

21 (i) in the case of a worker relocating 

22 to receive training services or for employ23 ment after receiving training services, ob24 tains approval from the Secretary for the 

25 program of training services involved; or 


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1 (ii) in the case of a worker relocating 

2 for employment, has obtained suitable em3 ployment affording a reasonable expecta4 tion of long-term duration in the area in 

5 which the worker wishes to relocate, or has 

6 obtained a bona fide offer of such employ7 ment. 

8 (E) APPLICATION.—The worker filed an 

9 application with the Secretary before— 

10 (i) in the case of a worker relocating 

11 for employment or to receive training serv12 ices, the later of— 

13 (I) the 425th day after the date 

14 of the certification under section 212 

15 that covers the worker; or 

16 (II) the 425th day after the date 

17 of the worker’s last total separation; 

18 or 

19 (ii) in the case of a worker relocating 

20 for employment after receiving training 

21 services, the date that is the 182d day 

22 after the date on which the worker con23 cluded a program of training services ap24 proved by the Secretary under subpara25 graph (D)(i). 


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1 (3) AMOUNT OF ALLOWANCE.—Any relocation 

2 allowance granted to a worker under paragraph (1) 

3 shall include— 

4 (A) not more than 90 percent of the rea5 sonable and necessary expenses (including sub6 sistence and transportation expenses at levels 

7 not exceeding those allowable as specified in 

8 regulations prescribed by the Secretary) in9 curred in transporting the worker, the worker’s 

10 family, and household effects; and 

11 (B) a lump sum equivalent to 3 times the 

12 worker’s average weekly wage, up to a max13 imum payment of $1,250. 

14 (4) LIMITATIONS.—A relocation allowance may 

15 not be granted to a worker unless— 

16 (A) in the case of a worker relocating for 

17 employment or to receive training services, the 

18 relocation occurs within 182 days after the fil19 ing of the application for relocation assistance; 

20 or 

21 (B) in the case of a worker relocating for 

22 employment after receiving training services, 

23 the relocation occurs within 182 days after the 

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1 proved by the Secretary under paragraph 

2 (2)(D)(i). 

3 SEC. 243. ADDITIONAL PENSIONS BENEFITS. 

4 (a) IN GENERAL.—In the case that, with respect to 

5 a certified adversely affected worker, the amount of pen6 sion plan benefits guaranteed under section 4022 or 

7 4022A of the Employee Retirement Income Security Act 

8 of 1974 (29 U.S.C. 1322, 1322a), subject to section 

9 4022B of such Act (29 U.S.C. 1322b) is less than the 

10 amount of the nonforfeitable benefit to which such em11 ployee was entitled under the terms of the pension plan 

12 of the applicable firm immediately before the date of the 

13 insolvency of such applicable firm, the Pension Benefit 

14 Guaranty Corporation shall make payments to such cer15 tified adversely affected worker or to the multiemployer 

16 plan of the certified adversely affected worker, as applica17 ble, on a monthly basis in an amount equal to— 

18 (1) the excess of— 

19 (A) the amount to which the employee was 

20 so entitled; over 

21 (B) the amount so guaranteed; and 

22 (2) the payments otherwise made to such work23 er in accordance with section 4022 or 4022A of the 

24 Employee Retirement Income Security Act of 1974 


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1 (29 U.S.C. 1322, 1322a), subject to section 4022B 

2 of such Act (29 U.S.C. 1322b). 

3 (b) TRANSFERS FROM FUND.—Each fiscal quarter, 

4 the Secretary of Labor shall transfer from the Trust Fund 

5 established under section 251 to the fund established 

6 under subsection (i) of section 4005 of the Employee Re7 tirement Income Security Act (29 U.S.C. 1305) (as added 

8 by subsection (c)), an amount equal to the aggregate pay9 ments that are expected to be made under subsection 

10 (a)(1) by the Pension Benefit Guaranty Corporation in the 

11 subsequent fiscal quarter. The Secretary of Labor may ad12 just the amounts so transferred for a fiscal quarter to ac13 count for any overpayment or underpayment so made in 

14 a previous fiscal quarter. 

15 (c) PBGC FUND.—Section 4005 of the Employee Re16 tirement Income Security Act of 1974 (29 U.S.C. 1305) 

17 is amended by adding at the end the following: 

18 ‘‘(i) An eighth fund shall be established and credited 

19 with any amounts transferred in accordance with section 

20 243(b) of the Clean Energy Worker Just Transition Act. 

21 Such amounts shall be made available to make payments 

22 in accordance with section 243(a) of such Act.’’. 


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1 PART V—FUNDING 

2 SEC. 251. ESTABLISHMENT OF CLEAN ENERGY WORKERS 

3 TRUST FUND. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Treasury of the United States a trust fund to be known 

6 as the ‘‘Clean Energy Workers Trust Fund’’ (referred to 

7 in this title as the ‘‘Trust Fund’’), consisting of such 

8 amounts as may be appropriated to the Trust Fund under 

9 subsection (b). 

10 (b) AMOUNTS IN TRUST FUND.—There is appro11 priated to the Trust Fund, on an annual basis, an amount 

12 equal to the increase in revenues to the Treasury resulting 

13 from the amendments made by section 252. 

14 (c) EXPENDITURES FROM TRUST FUND.— 

15 (1) IN GENERAL.—Except as provided under 

16 paragraph (2), amounts in the Trust Fund shall be 

17 available without further appropriation— 

18 (A) to carry out— 

19 (i) the group certification and indi20 vidual application provisions under parts I 

21 and II of this subtitle, respectively; 

22 (ii) adjustment assistance provided 

23 through any option under section 221(b) 

24 (subject to paragraph (2)); and 

25 (iii) sections 262 and 263; and 


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1 (B) for the administrative costs associated 

2 with carrying out subparagraph (A) and this 

3 section. 

4 (2) TAX CREDITS AND INCENTIVES.—From 

5 time to time there shall be transferred from the 

6 Trust Fund to the general fund of the Treasury 

7 amounts equal to the decrease in revenues to the 

8 Treasury resulting from the amendments made by 

9 sections 241 and 261. 

10 (3) AVAILABILITY.—The amounts in the Trust 

11 Fund shall be available for the purposes described in 

12 paragraphs (1) and (2) to the Secretary and the 

13 head of any other agency as necessary to carry out 

14 such purposes. 

15 SEC. 252. MODIFICATIONS TO RULES RELATING TO IN16 VERTED CORPORATIONS. 

17 (a) IN GENERAL.—Subsection (b) of section 7874 of 

18 the Internal Revenue Code of 1986 is amended to read 

19 as follows: 

20 ‘‘(b) INVERTED CORPORATIONS TREATED AS DO21 MESTIC CORPORATIONS.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding section 

23 7701(a)(4), a foreign corporation shall be treated for 

24 purposes of this title as a domestic corporation if— 


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1 ‘‘(A) such corporation would be a surro2 gate foreign corporation if subsection (a)(2) 

3 were applied by substituting ‘80 percent’ for 

4 ‘60 percent’, or 

5 ‘‘(B) such corporation is an inverted do6 mestic corporation. 

7 ‘‘(2) INVERTED DOMESTIC CORPORATION.—For 

8 purposes of this subsection, a foreign corporation 

9 shall be treated as an inverted domestic corporation 

10 if, pursuant to a plan (or a series of related trans11 actions)— 

12 ‘‘(A) the entity completes after May 8, 

13 2014, the direct or indirect acquisition of— 

14 ‘‘(i) substantially all of the properties 

15 held directly or indirectly by a domestic 

16 corporation, or 

17 ‘‘(ii) substantially all of the assets of, 

18 or substantially all of the properties consti19 tuting a trade or business of, a domestic 

20 partnership, and 

21 ‘‘(B) after the acquisition, either— 

22 ‘‘(i) more than 50 percent of the stock 

23 (by vote or value) of the entity is held— 

24 ‘‘(I) in the case of an acquisition 

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1 tion, by former shareholders of the 

2 domestic corporation by reason of 

3 holding stock in the domestic corpora4 tion, or 

5 ‘‘(II) in the case of an acquisition 

6 with respect to a domestic partner7 ship, by former partners of the do8 mestic partnership by reason of hold9 ing a capital or profits interest in the 

10 domestic partnership, or 

11 ‘‘(ii) the management and control of 

12 the expanded affiliated group which in13 cludes the entity occurs, directly or indi14 rectly, primarily within the United States, 

15 and such expanded affiliated group has 

16 significant domestic business activities. 

17 ‘‘(3) EXCEPTION FOR CORPORATIONS WITH

18 SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN

19 COUNTRY OF ORGANIZATION.—A foreign corporation 

20 described in paragraph (2) shall not be treated as an 

21 inverted domestic corporation if after the acquisition 

22 the expanded affiliated group which includes the en23 tity has substantial business activities in the foreign 

24 country in which or under the law of which the enti25 ty is created or organized when compared to the 


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1 total business activities of such expanded affiliated 

2 group. For purposes of subsection (a)(2)(B)(iii) and 

3 the preceding sentence, the term ‘substantial busi4 ness activities’ shall have the meaning given such 

5 term under regulations in effect on May 8, 2014, ex6 cept that the Secretary may issue regulations in7 creasing the threshold percent in any of the tests 

8 under such regulations for determining if business 

9 activities constitute substantial business activities for 

10 purposes of this paragraph. 

11 ‘‘(4) MANAGEMENT AND CONTROL.—For pur12 poses of paragraph (2)(B)(ii)— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 prescribe regulations for purposes of deter15 mining cases in which the management and 

16 control of an expanded affiliated group is to be 

17 treated as occurring, directly or indirectly, pri18 marily within the United States. The regula19 tions prescribed under the preceding sentence 

20 shall apply to periods after May 8, 2014. 

21 ‘‘(B) EXECUTIVE OFFICERS AND SENIOR

22 MANAGEMENT.—Such regulations shall provide 

23 that the management and control of an ex24 panded affiliated group shall be treated as oc25 curring, directly or indirectly, primarily within 


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1 the United States if substantially all of the ex2 ecutive officers and senior management of the 

3 expanded affiliated group who exercise day-to4 day responsibility for making decisions involving 

5 strategic, financial, and operational policies of 

6 the expanded affiliated group are based or pri7 marily located within the United States. Indi8 viduals who in fact exercise such day-to-day re9 sponsibilities shall be treated as executive offi10 cers and senior management regardless of their 

11 title. 

12 ‘‘(5) SIGNIFICANT DOMESTIC BUSINESS ACTIVI13 TIES.—For purposes of paragraph (2)(B)(ii), an ex14 panded affiliated group has significant domestic 

15 business activities if at least 25 percent of— 

16 ‘‘(A) the employees of the group are based 

17 in the United States, 

18 ‘‘(B) the employee compensation incurred 

19 by the group is incurred with respect to employ20 ees based in the United States, 

21 ‘‘(C) the assets of the group are located in 

22 the United States, or 

23 ‘‘(D) the income of the group is derived in 

24 the United States, 


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1 determined in the same manner as such determina2 tions are made for purposes of determining substan3 tial business activities under regulations referred to 

4 in paragraph (3) as in effect on May 8, 2014, but 

5 applied by treating all references in such regulations 

6 to ‘foreign country’ and ‘relevant foreign country’ as 

7 references to ‘the United States’. The Secretary may 

8 issue regulations decreasing the threshold percent in 

9 any of the tests under such regulations for deter10 mining if business activities constitute significant 

11 domestic business activities for purposes of this 

12 paragraph.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Clause (i) of section 7874(a)(2)(B) of such 

15 Code is amended by striking ‘‘after March 4, 2003,’’ 

16 and inserting ‘‘after March 4, 2003, and before May 

17 9, 2014,’’. 

18 (2) Subsection (c) of section 7874 of such Code 

19 is amended— 

20 (A) in paragraph (2)— 

21 (i) by striking ‘‘subsection 

22 (a)(2)(B)(ii)’’ and inserting ‘‘subsections 

23 (a)(2)(B)(ii) and (b)(2)(B)(i)’’, and 

24 (ii) by inserting ‘‘or (b)(2)(A)’’ after 

25 ‘‘(a)(2)(B)(i)’’ in subparagraph (B), 


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1 (B) in paragraph (3), by inserting ‘‘or 

2 (b)(2)(B)(i), as the case may be,’’ after 

3 ‘‘(a)(2)(B)(ii)’’, 

4 (C) in paragraph (5), by striking ‘‘sub5 section (a)(2)(B)(ii)’’ and inserting ‘‘sub6 sections (a)(2)(B)(ii) and (b)(2)(B)(i)’’, and 

7 (D) in paragraph (6), by inserting ‘‘or in8 verted domestic corporation, as the case may 

9 be,’’ after ‘‘surrogate foreign corporation’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years ending after May 

12 8, 2014. 

13 PART VI—MISCELLANEOUS PROVISIONS 

14 SEC. 261. CREDIT FOR HIRING UNEMPLOYED CERTIFIED 

15 ADVERSELY AFFECTED WORKERS. 

16 (a) INCLUSION IN WORK OPPORTUNITY CREDIT.— 

17 Paragraph (1) of section 51(d) of the Internal Revenue 

18 Code of 1986 is amended by striking ‘‘or’’ at the end of 

19 subparagraph (I), by striking the period at the end of sub20 paragraph (J) and inserting ‘‘, or’’, and by adding at the 

21 end the following new subparagraph: 

22 ‘‘(K) a qualified adversely affected energy 

23 industry unemployed worker.’’. 

24 (b) DEFINITION OF QUALIFIED ADVERSELY AF25 FECTED ENERGY INDUSTRY UNEMPLOYED WORKER.— 


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1 Subsection (d) of section 51 of the Internal Revenue Code 

2 of 1986 is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(16) QUALIFIED ADVERSELY AFFECTED EN5 ERGY INDUSTRY UNEMPLOYED WORKER.—The term 

6 ‘qualified adversely affected energy industry unem7 ployed worker’ means any individual who— 

8 ‘‘(A) is a certified adversely affected work9 er under section 202 of the Clean Energy 

10 Worker Just Transition Act and whose status 

11 as such has not been terminated before the date 

12 the individual begins work for the employer, 

13 ‘‘(B) is certified by the designated local 

14 agency as— 

15 ‘‘(i) having aggregate periods of un16 employment during the 1-year period end17 ing on the hiring date which equal or ex18 ceed 4 weeks (but less than 6 months), or 

19 ‘‘(ii) having aggregate periods of un20 employment during the 1-year period end21 ing on the hiring date which equal or ex22 ceed 6 months.’’. 

23 (c) INCREASED CREDIT AMOUNT FOR LONG-TERM

24 UNEMPLOYED WORKERS.—Section 51(b)(3) of the Inter25 nal Revenue Code of 1986 is amended— 


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1 (1) by striking ‘‘and’’ before ‘‘$24,000’’, and 

2 (2) by inserting ‘‘, and $14,000 per year in the 

3 case of any individual who is a qualified adversely 

4 affected energy industry unemployed worker by rea5 son of subsection (d)(16)(B)(ii)’’ after ‘‘subsection 

6 (d)(3)(A)(ii)(II)’’. 

7 (d) CREDIT LIMITED TO INDIVIDUALS HIRED FOR

8 COMPARABLE OCCUPATION.—Subsection (b) of section 51 

9 of the Internal Revenue Code of 1986 is amended by add10 ing at the end the following new paragraph: 

11 ‘‘(4) SPECIAL RULE FOR QUALIFIED AD12 VERSELY AFFECTED ENERGY INDUSTRY UNEM13 PLOYED WORKERS.—The term ‘qualified wages’ 

14 shall not include any wages paid to qualified ad15 versely affected energy industry unemployed worker 

16 unless the position for which such worker is hired 

17 for is a comparable occupation as determined under 

18 section 222 of the Clean Energy Worker Just Tran19 sition Act.’’. 

20 (e) TERMINATION PROVISION NOT TO APPLY.— 

21 Paragraph (4) of section 51(c) of the Internal Revenue 

22 Code of 1986 is amended by adding at the end the fol23 lowing new sentence: ‘‘The preceding sentence shall not 

24 apply with respect to amounts paid or incurred to qualified 

25 adversely affected energy industry unemployed workers.’’. 


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1 (f) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to individuals who begin work for 

3 the employer after December 31, 2017. 

4 SEC. 262. ENFORCEMENT. 

5 (a) VIOLATIONS.—It shall be a violation of this sub6 title to for any person to— 

7 (1) make a false statement of a material fact 

8 knowing it to be false, or knowingly fail to disclose 

9 a material fact, for the purpose of obtaining or in10 creasing for that person or for any other person any 

11 payment authorized to be furnished under this sub12 title; or 

13 (2) make a false statement of a material fact 

14 knowing it to be false, or knowingly fail to disclose 

15 a material fact, when providing information to the 

16 Secretary during an investigation of a petition under 

17 section 211. 

18 (b) PENALTIES.—Any person who commits a viola19 tion under subsection (a) shall be imprisoned for not more 

20 than 1 year, fined under title 18, United States Code, or 

21 both. 

22 SEC. 263. BENEFIT INFORMATION TO WORKERS. 

23 (a) GENERAL INFORMATION.—The Secretary shall 

24 provide— 

25 (1) full information to workers about— 


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1 (A) the adjustment assistance available 

2 under this subtitle; and 

3 (B) the petition and application proce4 dures, and the appropriate filing dates, for such 

5 adjustment assistance; 

6 (2) whatever assistance is necessary to enable 

7 groups of workers to prepare petitions or applica8 tions for such adjustment assistance; 

9 (3) the applicable eligible agency, as defined in 

10 section 3 of the Carl D. Perkins Career and Tech11 nical Education Act of 2006 (20 U.S.C. 2302), or 

12 any equivalent agency, and public or private agen13 cies, institutions, and employers, as appropriate, 

14 with information of each certification issued under 

15 section 213 and of projections, if available, of the 

16 needs for training under section 242 as a result of 

17 such certification; and 

18 (4) labor organizations and other community 

19 organizations with funding from the Trust Fund es20 tablished under section 251, to conduct community 

21 outreach to educate adversely affected workers about 

22 such adjustment assistance. 

23 (b) WRITTEN NOTICE TO INDIVIDUALS.—The Sec24 retary shall provide written notice through the mail of the 

25 adjustment assistance available under this subtitle to each 


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1 worker whom the Secretary has reason to believe is cov2 ered by a certification under section 213— 

3 (1) at the time such certification is made, if the 

4 worker was partially or totally separated, or threat5 ened to become totally or partially separated, from 

6 the adversely affected employment before such cer7 tification, or 

8 (2) at the time of the total or partial separa9 tion, or threatened total or partial separation, of the 

10 worker from the adversely affected employment, if 

11 paragraph (1) does not apply. 

12 (c) PUBLISHED NOTICE.—The Secretary shall pub13 lish notice of the adjustment assistance available under 

14 this subtitle to workers covered by each certification issued 

15 under section 213 in newspapers of general circulation in 

16 the areas in which such workers reside. 

17 (d) NOTIFICATION TO DEPARTMENT OF COM18 MERCE.—Not later than 60 days after the date of enact19 ment of this Act, and each year thereafter, the Secretary 

20 shall prepare and submit a report to the Department of 

21 Commerce on the geographic location and sector impli22 cated by each certification issued under section 213. 


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1 SEC. 264. AMENDMENT TO SURFACE MINING CONTROL AND 

2 RECLAMATION ACT OF 1977. 

3 Section 402(i)(2) of the Surface Mining Control and 

4 Reclamation Act of 1977 (30 U.S.C. 1232(i)(2)) is 

5 amended— 

6 (1) by striking ‘‘Subject to’’ and inserting the 

7 following: 

8 ‘‘(A) IN GENERAL.—Subject to’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(B) EXCESS AMOUNTS.— 

11 ‘‘(i) IN GENERAL.—Subject to para12 graph (3), and after all transfers referred 

13 to in subparagraph (A) and paragraph (1) 

14 have been made, any amounts remaining 

15 after the application of paragraph (3)(A) 

16 (without regard to this subparagraph) shall 

17 be transferred to the trustees of the 1974 

18 UMWA Pension Plan and used solely to 

19 pay pension benefits required under such 

20 plan. 

21 ‘‘(ii) 1974 UMWA PENSION PLAN.— 

22 For purposes of this subparagraph, the 

23 term ‘1974 UMWA Pension Plan’ means a 

24 pension plan referred to in section 

25 9701(a)(3) of the Internal Revenue Code 

26 of 1986 but without regard to whether 


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1 participation in such plan is limited to in2 dividuals who retired in 1976 and there3 after.’’. 

4 SEC. 265. REGULATIONS. 

5 The Secretary shall promulgate regulations to carry 

6 out this subtitle. 

7 Subtitle B—Workplace Democracy 

8 Act 

9 SEC. 271. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Workplace Democ11 racy for a Clean Energy Future’’. 

12 SEC. 272. STREAMLINING CERTIFICATION FOR LABOR OR13 GANIZATIONS. 

14 (a) IN GENERAL.—Section 9(c) of the National 

15 Labor Relations Act (29 U.S.C. 159(c)) is amended by 

16 adding at the end the following: 

17 ‘‘(6) Notwithstanding any other provision of this sec18 tion, whenever a petition shall have been filed by an em19 ployee or group of employees or any individual or labor 

20 organization acting in their behalf alleging that a majority 

21 of employees in a unit appropriate for the purposes of col22 lective bargaining wish to be represented by an individual 

23 or labor organization for such purposes, the Board shall 

24 investigate the petition. If the Board finds that a majority 

25 of the employees in a unit appropriate for bargaining has 


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1 signed valid authorizations designating the individual or 

2 labor organization specified in the petition as their bar3 gaining representative and that no other individual or 

4 labor organization is currently certified or recognized as 

5 the exclusive representative of any of the employees in the 

6 unit, the Board shall not direct an election but shall certify 

7 the individual or labor organization as the representative 

8 described in subsection (a). 

9 ‘‘(7) The Board shall develop guidelines and proce10 dures for the designation by employees of a bargaining 

11 representative in the manner described in paragraph (6). 

12 Such guidelines and procedures shall include— 

13 ‘‘(A) model collective bargaining authorization 

14 language that may be used for purposes of making 

15 the designations described in paragraph (6); and 

16 ‘‘(B) procedures to be used by the Board to es17 tablish the validity of signed authorizations desig18 nating bargaining representatives.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) NATIONAL LABOR RELATIONS BOARD.—Sec21 tion 3(b) of the National Labor Relations Act (29 

22 U.S.C. 153(b)) is amended, in the second sentence— 

23 (A) by striking ‘‘and to’’ and inserting 

24 ‘‘to’’; and 


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1 (B) by striking ‘‘and certify the results 

2 thereof,’’ and inserting ‘‘, and to issue certifi3 cations as provided for in that section,’’. 

4 (2) UNFAIR LABOR PRACTICES.—Section 8(b) 

5 of the National Labor Relations Act (29 U.S.C. 

6 158(b)) is amended— 

7 (A) in paragraph (7)(B) by striking ‘‘, or’’ 

8 and inserting ‘‘or a petition has been filed 

9 under section 9(c)(6), or’’; and 

10 (B) in paragraph (7)(C) by striking ‘‘when 

11 such a petition has been filed’’ and inserting 

12 ‘‘when such a petition other than a petition 

13 under section 9(c)(6) has been filed’’. 

14 SEC. 273. FACILITATING INITIAL COLLECTIVE BARGAINING 

15 AGREEMENTS. 

16 Section 8 of the National Labor Relations Act (29 

17 U.S.C. 158) is amended by adding at the end the fol18 lowing: 

19 ‘‘(h) Whenever collective bargaining is for the pur20 pose of establishing an initial agreement following certifi21 cation or recognition, the provisions of subsection (d) shall 

22 be modified as follows: 

23 ‘‘(1) Not later than 10 days after receiving a 

24 written request for collective bargaining from an in25 dividual or labor organization that has been newly 


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1 organized or certified as a representative as defined 

2 in section 9(a), or within such further period as the 

3 parties agree upon, the parties shall meet and com4 mence to bargain collectively and shall make every 

5 reasonable effort to conclude and sign a collective 

6 bargaining agreement. 

7 ‘‘(2) If after the expiration of the 90-day period 

8 beginning on the date on which bargaining is com9 menced, or such additional period as the parties may 

10 agree upon, the parties have failed to reach an 

11 agreement, either party may notify the Federal Me12 diation and Conciliation Service of the existence of 

13 a dispute and request mediation. Whenever such a 

14 request is received, it shall be the duty of the Service 

15 promptly to put itself in communication with the 

16 parties and to use its best efforts, by mediation and 

17 conciliation, to bring them to agreement. 

18 ‘‘(3) If after the expiration of the 30-day period 

19 beginning on the date on which the request for me20 diation is made under paragraph (2), or such addi21 tional period as the parties may agree upon, the 

22 Service is not able to bring the parties to agreement 

23 by conciliation, the Service shall refer the dispute to 

24 an arbitration board established in accordance with 

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1 ice. The arbitration panel shall render a decision set2 tling the dispute and such decision shall be binding 

3 upon the parties for a period of 2 years, unless 

4 amended during such period by written consent of 

5 the parties.’’. 

6 Subtitle C—Community Need7 Based Economic Transition As8 sistance Program 

9 SEC. 281. COMMUNITY NEED-BASED ECONOMIC TRANSI10 TION ASSISTANCE PROGRAM. 

11 (a) ELIGIBLE COUNTY DEFINED.—In this subtitle, 

12 the term ‘‘eligible county’’ means a county or an Indian 

13 tribe eligible for assistance under this subtitle— 

14 (1) in which not less than 35 certified adversely 

15 affected workers reside; and 

16 (2) that is certified by the Secretary under sub17 section (b). 

18 (b) CERTIFICATION.—The Secretary shall certify an 

19 eligible county not later than 20 days after the date on 

20 which the Secretary determines that at least 35 workers 

21 residing in the county are certified adversely affected 

22 workers. 

23 (c) NOTIFICATION.—After the Secretary certifies a 

24 county as an eligible county under this section, the Sec25 retary shall provide notice of the certification— 


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1 (1) to the county government; or 

2 (2) if the county does not have a county govern3 ment, to the most localized relevant regional or 

4 State government. 

5 (d) APPLICATION.—After the date on which the Sec6 retary certifies a county under this section, the county 

7 may apply for a grant under each of subsections (a) 

8 through (c) of section 282 and each of subsections (a) 

9 through (e) of section 283. 

10 SEC. 282. ECONOMIC DEVELOPMENT GRANT PROGRAMS. 

11 (a) APPALACHIAN REGIONAL COMMISSION.— 

12 (1) IN GENERAL.—The Appalachian Regional 

13 Commission established by section 14301(a) of title 

14 40, United States Code (referred to in this sub15 section as the ‘‘Commission’’), shall award grants to 

16 eligible counties to support economic development 

17 planning and implementation activities in those 

18 counties, including— 

19 (A) developing entrepreneurial ecosystems; 

20 (B) facilitating access to capital invest21 ments and new markets; and 

22 (C) addressing barriers relating to ade23 quate water, sewer, and telecommunications in24 frastructure. 


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1 (2) REGULATIONS; GUIDANCE.—The Commis2 sion may issue such regulations and guidance to 

3 carry out this subsection as the Commission deter4 mines to be necessary. 

5 (3) FUNDING.—The Commission shall use to 

6 carry out this subsection not more than $40,000,000 

7 for each of fiscal years 2016 through 2025 from the 

8 Climate Fund. 

9 (b) ECONOMIC DEVELOPMENT ADMINISTRATION.— 

10 (1) IN GENERAL.—The Assistant Secretary of 

11 Commerce for Economic Development (referred to in 

12 this subsection as the ‘‘Assistant Secretary’’) shall— 

13 (A) advance and coordinate regional place14 based innovation efforts for the Federal Gov15 ernment; and 

16 (B) provide planning and coordination as17 sistance to eligible counties and other Federal 

18 agencies to assist in economic development ac19 tivities under this subtitle. 

20 (2) REGULATIONS; GUIDANCE.—The Assistant 

21 Secretary may issue such regulations and guidance 

22 to carry out this subsection as the Assistant Sec23 retary determines to be necessary. 

24 (3) FUNDING.—The Assistant Secretary shall 

25 use to carry out this subsection not more than 


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1 $10,000,000 for each of fiscal years 2016 through 

2 2025 from the Climate Fund. 

3 (c) NEW DEVELOPMENT AND JOBS IN ABANDONED

4 MINE LAND COMMUNITIES.— 

5 (1) IN GENERAL.—The Director of the Office of 

6 Surface Mining Reclamation and Enforcement (re7 ferred to in this subsection as the ‘‘Director’’) shall 

8 award grants to eligible counties for activities relat9 ing to the reclamation of abandoned coal mine land 

10 sites and associated polluted waters. 

11 (2) PURPOSE.—The purpose of the grant pro12 gram under this subsection is to promote sustainable 

13 redevelopment in eligible counties. 

14 (3) SELECTION.—The Director shall award 

15 grants based on economic factors, including— 

16 (A) the unemployment rate in the eligible 

17 county; 

18 (B) the amount and severity of problems 

19 in the eligible county relating to abandoned coal 

20 mine land and water problems; and 

21 (C) whether, in the determination of the 

22 Director, reclamation activities to promote eco23 nomic development would assist the eligible 

24 county. 


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1 (4) REGULATIONS; GUIDANCE.—In consultation 

2 with States, Indian tribes, and other stakeholders, 

3 the Director may issue such regulations and guid4 ance to carry out this subsection as the Director de5 termines to be necessary. 

6 (5) FUNDING.—The Director shall use to carry 

7 out this subsection not more than $250,000,000 for 

8 each of fiscal years 2016 through 2025 from the Cli9 mate Fund. 

10 (d) SMALL BUSINESS ADMINISTRATION.— 

11 (1) IN GENERAL.—The Administrator of the 

12 Small Business Administration shall award grants to 

13 members of disadvantaged communities to support 

14 entrepreneurial opportunities, such as starting or ex15 panding small businesses or nonprofit organizations 

16 that— 

17 (A) promote improvements in energy effi18 ciency; 

19 (B) design strategies to maximize energy 

20 efficiency; and 

21 (C) promote— 

22 (i) resource conservation and reuse; 

23 (ii) the installation or construction of 

24 renewable energy technologies or facilities, 


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1 such as wind, wave, solar, and geothermal 

2 energy; and 

3 (iii) the effective use of existing infra4 structure in affordable housing and eco5 nomic development activities in low-income 

6 communities and disadvantaged commu7 nities. 

8 (2) REGULATIONS; GUIDANCE.—The Adminis9 trator of the Small Business Administration may 

10 issue such regulations and guidance to carry out this 

11 subsection as the Administrator of the Small Busi12 ness Administration determines to be necessary. 

13 (3) FUNDING.—The Administrator of the Small 

14 Business Administration shall use to carry out this 

15 subsection not more than $50,000,000 for each of 

16 fiscal years 2018 through 2050 from the Climate 

17 Fund. 

18 SEC. 283. NEED-BASED WATER, BROADBAND, AND ELEC19 TRIC GRID INFRASTRUCTURE INVESTMENT 

20 PROGRAM. 

21 (a) STATE DRINKING WATER TREATMENT REVOLV22 ING LOAN FUNDS.—The Administrator shall award to eli23 gible counties capitalization grants for the purpose of es24 tablishing a drinking water treatment revolving loan fund 


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1 under section 1452(a) of the Safe Drinking Water Act (42 

2 U.S.C. 300j–12(a)). 

3 (b) WATER INFRASTRUCTURE FINANCE AND INNO4 VATION.—The Administrator shall provide to eligible 

5 counties long-term, low-interest loans for large water in6 frastructure projects that are not eligible for funding from 

7 a State revolving loan fund, in accordance with the Water 

8 Infrastructure Finance and Innovation Act of 2014 (33 

9 U.S.C. 3901 et seq.). 

10 (c) BROADBAND INITIATIVES PROGRAM.—The Sec11 retary of Agriculture shall provide to eligible counties 

12 loans and loan guarantees under the broadband initiatives 

13 program established under title VI of the Rural Elec14 trification Act of 1936 (7 U.S.C. 950bb et seq.) to expand 

15 the access to, and quality of, broadband service across the 

16 rural United States. 

17 (d) BROADBAND TECHNOLOGY OPPORTUNITIES PRO18 GRAM.—The Assistant Secretary of Commerce for Com19 munications and Information shall award to eligible coun20 ties grants for purposes of the Broadband Technology Op21 portunities Program established under section 6001(a) of 

22 the American Recovery and Reinvestment Act of 2009 (47 

23 U.S.C. 1305(a)), including providing access to, and im24 proving, broadband service to underserved areas of the 

25 United States. 


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1 (e) ELECTRIC GRID INFRASTRUCTURE.—The Sec2 retary shall award to eligible counties grants for expenses 

3 necessary for— 

4 (1) electricity delivery and energy reliability ac5 tivities to modernize the electric grid, including ac6 tivities relating to— 

7 (A) demand-responsive equipment; 

8 (B) enhanced security and reliability of en9 ergy infrastructure; 

10 (C) energy storage research, development, 

11 demonstration, and deployment; 

12 (D) facilitating recovery from disruptions 

13 to the energy supply; and 

14 (E) high-voltage transmission lines to 

15 bring utility-scale hydro, wind, solar, and geo16 thermal generation to demand centers; and 

17 (2) implementation of the programs authorized 

18 under title XIII of the Energy Independence and Se19 curity Act of 2007 (42 U.S.C. 17381 et seq.). 

20 (f) GRANT AND LOAN SELECTION AND MANAGE21 MENT.— 

22 (1) IN GENERAL.—In carrying out this section, 

23 the Secretary of the Treasury, in consultation with 

24 the Assistant Secretary of Commerce for Economic 

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1 ment boards established under sections 101 and 107 

2 of the Workforce Innovation and Opportunity Act 

3 (29 U.S.C. 3111, 3122), shall determine the per4 centage of funds made available to allocate to each 

5 agency carrying out a loan or grant program under 

6 subsections (a) through (e). 

7 (2) SELECTION.—To the maximum extent prac8 ticable, in selecting grant and loan applicants under 

9 this section, the heads of the agencies carrying out 

10 the grant and loan programs shall consult and co11 ordinate with the Assistant Secretary of Commerce 

12 for Economic Development. 

13 (g) FUNDING.—There shall be used to carry out this 

14 section from the Climate Fund $7,000,000,000 for the pe15 riod of fiscal years 2016 through 2025. 

16 TITLE III—GREENING THE GRID 

17 Subtitle A—Fossil Fuel Phaseout 

18 SEC. 301. FOSSIL FUEL PHASEOUT. 

19 (a) IN GENERAL.—Title VI of the Public Utility Reg20 ulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is 

21 amended by adding at the end the following: 

22 ‘‘SEC. 610. FOSSIL FUEL PHASEOUT. 

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


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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Environ3 mental Protection Agency. 

4 ‘‘(2) BASE QUANTITY OF ELECTRICITY.—The 

5 term ‘base quantity of electricity’ means the total 

6 quantity of electric energy sold by a retail electric 

7 supplier, expressed in terms of megawatt hours, to 

8 electric customers for purposes other than resale 

9 during the most recent calendar year for which in10 formation is available. 

11 ‘‘(3) FOSSIL FUEL ENERGY.—The term ‘fossil 

12 fuel energy’ means electric energy generated, in 

13 whole or in part, by a fossil fuel resource. 

14 ‘‘(4) FOSSIL FUEL ENERGY CREDIT.—The term 

15 ‘fossil fuel energy credit’ means a credit issued 

16 under subsection (f) that represents 1 megawatt 

17 hour of fossil fuel energy. 

18 ‘‘(5) FOSSIL FUEL RESOURCE.—The term ‘fos19 sil fuel resource’ means coal, oil, gas, oil shale, or 

20 tar sands. 

21 ‘‘(6) RETAIL ELECTRIC SUPPLIER.— 

22 ‘‘(A) IN GENERAL.—The term ‘retail elec23 tric supplier’ means an entity that sold not less 

24 than 1,000 megawatt hours of electric energy to 


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1 electric consumers for purposes other than re2 sale during the preceding calendar year. 

3 ‘‘(B) INCLUSION.—The term ‘retail electric 

4 supplier’ includes an entity that generates not 

5 less than 1,000 megawatt hours of electric en6 ergy for use by the entity. 

7 ‘‘(7) RETIRE.—The term ‘retire’, with respect 

8 to a fossil fuel energy credit, means to disqualify the 

9 fossil fuel energy credit for any subsequent use 

10 under this section, including sale, transfer, ex11 change, or submission in satisfaction of a compliance 

12 obligation. 

13 ‘‘(b) COMPLIANCE.—For calendar year 2022 and 

14 each calendar year thereafter, each retail electric supplier 

15 shall meet the requirements of subsections (c) and (d) by 

16 submitting to the Administrator, not later than April 1 

17 of the following calendar year, as applicable— 

18 ‘‘(1) for a retail electric supplier that exceeds 

19 the maximum allowable percentage of fossil fuel en20 ergy generation for the applicable calendar year, as 

21 determined under subsection (c), a quantity of fossil 

22 fuel energy credits sufficient to offset that excess, as 

23 determined and certified by the Administrator; or 

24 ‘‘(2) for a retail electric supplier that does not 

25 exceed the maximum allowable percentage of fossil 


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1 fuel energy generation for the applicable calendar 

2 year, as determined under subsection (c), a certifi3 cation of that compliance, as the Administrator de4 termines to be appropriate. 

5 ‘‘(c) MAXIMUM ALLOWABLE ANNUAL PERCENTAGE

6 OF FOSSIL FUEL ENERGY SALES.—For calendar years 

7 2022 through 2050, in annual increments, the maximum 

8 annual percentage of the base quantity of electricity of a 

9 retail electric supplier that may be generated from fossil 

10 fuel resources, or otherwise credited towards the percent11 age requirement pursuant to subsection (e), shall be the 

12 applicable percentage specified in the following table: 

‘‘Maximum Allowable Annual Percentage of Fossil Fuel Energy 

Sales 

Calendar Year Percentage 

2022 ................................................................................................ 70.0

2023 ................................................................................................ 67.5

2024 ................................................................................................ 65.0

2025 ................................................................................................ 62.5

2026 ................................................................................................ 60.0

2027 ................................................................................................ 57.5

2028 ................................................................................................ 55.0

2029 ................................................................................................ 52.5

2030 ................................................................................................ 50.0

2031 ................................................................................................ 47.5

2032 ................................................................................................ 45.0

2033 ................................................................................................ 42.5

2034 ................................................................................................ 40.0

2035 ................................................................................................ 37.5

2036 ................................................................................................ 35.0

2037 ................................................................................................ 32.5

2038 ................................................................................................ 30.0

2039 ................................................................................................ 27.5

2040 ................................................................................................ 25.0

2041 ................................................................................................ 22.5

2042 ................................................................................................ 20.0

2043 ................................................................................................ 17.5

2044 ................................................................................................ 15.0

2045 ................................................................................................ 12.5


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‘‘Maximum Allowable Annual Percentage of Fossil Fuel Energy 

Sales—Continued 

Calendar Year Percentage 

2046 ................................................................................................ 10.0

2047 ................................................................................................ 7.5

2048 ................................................................................................ 5.0

2049 ................................................................................................ 2.5

2050 ................................................................................................ 0.0. 

1 ‘‘(d) REQUIREMENT FOR 2050 AND THEREAFTER.— 

2 For calendar year 2050 and each calendar year thereafter, 

3 a retail electric supplier shall not generate or sell any fossil 

4 fuel energy. 

5 ‘‘(e) FOSSIL FUEL ENERGY CREDITS.— 

6 ‘‘(1) IN GENERAL.—A retail electric supplier 

7 may satisfy the requirements of subsection (b) 

8 through the submission of fossil fuel energy cred9 its— 

10 ‘‘(A) issued to the retail electric supplier 

11 under subsection (f); or 

12 ‘‘(B) obtained by purchase, transfer, or ex13 change under subsection (g), subject to any 

14 emissions adjustment under subsection 

15 (f)(3)(B). 

16 ‘‘(2) LIMITATION.—A fossil fuel energy credit 

17 may be counted toward compliance with subsection 

18 (b) only once. 

19 ‘‘(f) ISSUANCE OF FOSSIL FUEL ENERGY CRED20 ITS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this section, the Adminis3 trator shall establish by rule a program— 

4 ‘‘(A) to verify and issue fossil fuel energy 

5 credits to retail electric suppliers; 

6 ‘‘(B) to track the sale, transfer, exchange, 

7 carry over, and retirement of fossil fuel energy 

8 credits; and 

9 ‘‘(C) to enforce the requirements of this 

10 section. 

11 ‘‘(2) APPLICATION.— 

12 ‘‘(A) IN GENERAL.—To continue selling or 

13 generating fossil fuel energy as a retail electric 

14 supplier, or otherwise to be issued fossil fuel en15 ergy credits, a retail electric supplier shall sub16 mit to the Administrator an application for the 

17 issuance of fossil fuel energy credits. 

18 ‘‘(B) CONTENTS.—The application under 

19 subparagraph (A) shall indicate— 

20 ‘‘(i) the quantity of electric energy 

21 sold to electric consumers, expressed in 

22 megawatt hours of electric energy, for pur23 poses other than resale during the pre24 ceding calendar year; 

25 ‘‘(ii) if applicable— 


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1 ‘‘(I) the total quantity of electric 

2 energy generated by the retail electric 

3 supplier for use by the retail electric 

4 supplier; 

5 ‘‘(II) the type and quantity of 

6 each energy resource that is used to 

7 produce any energy sold to electric 

8 consumers or used by the retail elec9 tric supplier; and 

10 ‘‘(III) the location at which the 

11 fossil fuel energy will be produced; 

12 and 

13 ‘‘(iii) any other information the Ad14 ministrator determines to be appropriate. 

15 ‘‘(3) QUANTITY OF FOSSIL FUEL ENERGY

16 CREDITS.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graphs (B) through (D), the Administrator 

19 shall issue a quantity of fossil fuel energy cred20 its for a calendar year that is equal to the 

21 amount by which fossil fuel energy sales have 

22 been reduced during the period beginning on 

23 January 1, 2000, and ending on December 31 

24 of the preceding calendar year. 


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1 ‘‘(B) MAXIMUM QUANTITY.—On approval 

2 of an application under paragraph (2), the max3 imum quantity of fossil fuel energy credits that 

4 may be issued by the Administrator to any re5 tail electric supplier for a calendar year shall be 

6 equal to a quantity of fossil fuel energy credits 

7 equal to the difference between— 

8 ‘‘(i) the maximum annual percentage 

9 of fossil fuel energy sales, expressed in 

10 megawatt hours, for the applicable cal11 endar year; and 

12 ‘‘(ii) the actual quantity, expressed in 

13 megawatt hours, of fossil fuel energy sold 

14 by the retail electric supplier during the 

15 applicable calendar year. 

16 ‘‘(C) EMISSIONS ADJUSTMENT.— 

17 ‘‘(i) IN GENERAL.—The Administrator 

18 may adjust the calculation of the actual 

19 quantity of fossil fuel energy generation by 

20 setting standard emissions factors based 

21 on the lifecycle greenhouse gas emissions 

22 of specific types of fossil fuel energy-gener23 ating facilities. 


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1 ‘‘(ii) LIFECYCLE EMISSIONS OF NON2 FOSSIL ENERGY RESOURCES.—The Admin3 istrator shall— 

4 ‘‘(I) evaluate the lifecycle emis5 sions of non-fossil energy resources, 

6 including upstream emissions such as 

7 greenhouse gas emissions associated 

8 with mining; and 

9 ‘‘(II) reduce any allocation of 

10 credits on the basis of that lifecycle 

11 evaluation. 

12 ‘‘(D) LIMITATION.— 

13 ‘‘(i) IN GENERAL.—This paragraph 

14 applies only to retail electric suppliers that 

15 do not sell or generate fossil fuel energy in 

16 excess of the maximum allowable annual 

17 percentage of fossil fuel energy generation 

18 for the applicable calendar year, as deter19 mined under subsection (c). 

20 ‘‘(ii) PROHIBITION.—The Adminis21 trator may not issue a fossil fuel energy 

22 credit for a calendar year to any retail 

23 electric supplier that exceeds the maximum 

24 allowable annual percentage of fossil fuel 

25 energy sales for that calendar year. 


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1 ‘‘(4) CREDIT BANKING.—A fossil fuel energy 

2 credit for any calendar year that is not submitted to 

3 comply with the maximum allowable percentage of 

4 fossil fuel energy requirement of subsection (c) for 

5 that calendar year may be carried forward for use 

6 in accordance with this section within the next 5 

7 years, but not later than 2049. 

8 ‘‘(g) FOSSIL FUEL ENERGY CREDIT TRADING.— 

9 ‘‘(1) IN GENERAL.—A fossil fuel energy credit 

10 for any calendar year before 2050 that is not sub11 mitted to comply with the maximum allowable per12 centage of fossil fuel energy requirement of sub13 section (c) for that calendar year may be sold, trans14 ferred, or exchanged by the retail electric supplier to 

15 which the fossil fuel energy credit is issued or by any 

16 other retail electric supplier that acquires the fossil 

17 fuel energy credit. 

18 ‘‘(2) LIMITATIONS.— 

19 ‘‘(A) IN GENERAL.—The sale, transfer, or 

20 exchange of fossil fuel energy credits may only 

21 occur between retail electric suppliers. 

22 ‘‘(B) RIGHTS.—A retail electric supplier 

23 shall be the only entity that may obtain legal 

24 rights to a fossil fuel energy credit. 


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1 ‘‘(C) HOTSPOTS.—The Administrator 

2 shall— 

3 ‘‘(i) evaluate trading to determine if 

4 trading results in the unsafe concentration 

5 of pollution in any area to any population; 

6 and 

7 ‘‘(ii) if any unsafe concentration of 

8 pollution is identified, halt the sale of cred9 its to entities— 

10 ‘‘(I) within the identified area; or 

11 ‘‘(II) that purchase electricity 

12 from a facility that would exacerbate 

13 pollution in the identified area, as de14 termined by the Administrator. 

15 ‘‘(3) DELEGATION.—The Administrator may 

16 delegate to an appropriate market-making entity the 

17 administration of a national tradeable fossil fuel en18 ergy credit market for purposes of creating a trans19 parent national market for the sale or trade of fossil 

20 fuel energy credits. 

21 ‘‘(h) FOSSIL FUEL ENERGY CREDIT RETIREMENT.— 

22 ‘‘(1) IN GENERAL.—Any retail electric supplier 

23 that obtains legal rights to a fossil fuel energy credit 

24 may retire the fossil fuel energy credit in any cal25 endar year. 


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1 ‘‘(2) USE OF RETIRED FOSSIL FUEL ENERGY

2 CREDIT.—A fossil fuel energy credit retired under 

3 paragraph (1) may not be used for compliance with 

4 subsection (b) in— 

5 ‘‘(A) the calendar year in which the fossil 

6 fuel energy credit is retired; or 

7 ‘‘(B) any subsequent calendar year. 

8 ‘‘(i) INFORMATION COLLECTION.—The Adminis9 trator may collect the information necessary to verify and 

10 audit— 

11 ‘‘(1) the annual fossil fuel energy sales or gen12 eration of any retail electric supplier; 

13 ‘‘(2) a fossil fuel energy credit submitted by a 

14 retail electric supplier pursuant to subsection (b)(1); 

15 ‘‘(3) the validity of a fossil fuel energy credit 

16 submitted for compliance by a retail electric supplier 

17 to the Administrator; and 

18 ‘‘(4) the quantity of electricity sales of all retail 

19 electric suppliers. 

20 ‘‘(j) STATE PROGRAMS.— 

21 ‘‘(1) IN GENERAL.—Nothing in this section di22 minishes any authority of a State or political sub23 division of a State— 

24 ‘‘(A) to adopt or enforce any law (includ25 ing regulations) respecting electricity; or 


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1 ‘‘(B) to regulate an electric utility. 

2 ‘‘(2) COMPLIANCE WITH SECTION.—No law or 

3 regulation of a State or political subdivision of a 

4 State shall relieve any electric utility from compli5 ance with any requirement otherwise applicable 

6 under this section. 

7 ‘‘(k) REGULATIONS.—Not later than 1 year after the 

8 date of enactment of this section, the Administrator shall 

9 promulgate regulations to implement this section. 

10 ‘‘(l) ENFORCEMENT.— 

11 ‘‘(1) CIVIL PENALTY.— 

12 ‘‘(A) IN GENERAL.—A retail electric sup13 plier that fails to comply with subsection (b) 

14 shall be liable for a civil penalty, assessed by 

15 the Administrator, in an amount that is equal 

16 to twice the average value of the aggregate 

17 quantity of fossil fuel energy credits that the re18 tail electric supplier failed to submit in violation 

19 of that subsection, as determined by the Admin20 istrator. 

21 ‘‘(B) ENFORCEMENT.—The Administrator 

22 shall assess any civil penalty under subpara23 graph (A). 

24 ‘‘(C) DEPOSIT.—With respect to any civil 

25 penalty paid to the Administrator pursuant to 


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1 subparagraph (A), the Administrator shall de2 posit the amount in the Climate Fund estab3 lished by section 702(a) of the 100 by ’50 Act. 

4 ‘‘(2) INJUNCTION.—After calendar year 2050, 

5 the Administrator may issue an injunction on the 

6 purchase or generation of fossil fuel energy by a re7 tail electric supplier.’’. 

8 (b) TABLE OF CONTENTS AMENDMENT.—The table 

9 of contents of the Public Utility Regulatory Policies Act 

10 of 1978 (16 U.S.C. prec. 2601) is amended by adding at 

11 the end of the items relating to title VI the following: 

‘‘Sec. 609. Rural and remote communities electrification grants. 

‘‘Sec. 610. Fossil fuel phaseout.’’. 

12 Subtitle B—Enhancing Grid 

13 Reliability 

14 SEC. 311. ENHANCING GRID RELIABILITY. 

15 (a) ENERGY STORAGE AND DISPATCHABLE ENERGY

16 GRANT PROGRAM.— 

17 (1) ESTABLISHMENT.—The Secretary shall es18 tablish a competitive grant program for utility-scale 

19 demonstration projects for energy storage and 

20 dispatchable concentrated solar thermal, geothermal, 

21 and ocean power energy technologies, or other 

22 emerging dispatchable technologies, as identified by 

23 the Secretary. 


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1 (2) FEDERAL COST SHARE.—The Secretary 

2 may provide a grant under this subsection in an 

3 amount that is equal to not more than 20 percent 

4 of the total costs incurred in connection with the de5 velopment, construction, acquisition of components 

6 for, or engineering of a demonstration project re7 ferred to in paragraph (1). 

8 (3) NO OWNERSHIP INTEREST.—The United 

9 States shall hold no equity or other ownership inter10 est in a qualified advanced electric transmission 

11 manufacturing plant or qualified advanced electric 

12 transmission property for which funds are provided 

13 under this subsection. 

14 (4) FUNDING.—The Secretary shall use to 

15 carry out this subsection not more than 

16 $10,000,000,000 for each fiscal year from the Cli17 mate Fund. 

18 (b) INTERSTATE COMPETITIVE RENEWABLE ENERGY

19 ZONES.—The Federal Power Act is amended by inserting 

20 after section 216 (16 U.S.C. 824p) the following: 

21 ‘‘SEC. 216A. INTERSTATE COMPETITIVE RENEWABLE EN22 ERGY ZONES. 

23 ‘‘(a) PURPOSES.—The purposes of this section are— 

24 ‘‘(1) to provide greater certainty for— 


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1 ‘‘(A) renewable energy project developers 

2 by encouraging preconstruction capacity com3 mitments by transmitting utilities; and 

4 ‘‘(B) transmitting utilities by encouraging 

5 preconstruction financial commitments from 

6 project developers; and 

7 ‘‘(2) to expedite transmission and renewable en8 ergy generation projects through Federal permitting 

9 processes. 

10 ‘‘(b) DEFINITIONS.—In this section: 

11 ‘‘(1) COMMISSION.—The term ‘Commission’ 

12 means the Federal Energy Regulatory Commission. 

13 ‘‘(2) RENEWABLE ENERGY PROJECT DEVEL14 OPER.—The term ‘renewable energy project devel15 oper’ means an entity that is responsible for siting 

16 renewable energy generation projects, as identified 

17 by the Commission. 

18 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

19 the Secretary of Energy. 

20 ‘‘(4) ZONE.—The term ‘zone’ means an inter21 state competitive renewable energy zone established 

22 under subsection (c)(1). 

23 ‘‘(c) RENEWABLE ENERGY ZONES.— 

24 ‘‘(1) ESTABLISHMENT.—Not later than 180 

25 days after the date of conclusion of the consultation 


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1 required under paragraph (2), after providing public 

2 notice and an opportunity to comment, the Commis3 sion, in coordination with the Secretary, shall estab4 lish zones, to be known as ‘interstate competitive re5 newable energy zones’, in accordance with the pur6 poses described in subsection (a)— 

7 ‘‘(A) to expedite— 

8 ‘‘(i) the construction of interstate 

9 transmission facilities; and 

10 ‘‘(ii) transmission facilities crossing 2 

11 or more grid interconnections; and 

12 ‘‘(B) to facilitate the deployment of renew13 able energy resources in areas in which renew14 able energy resources and suitable land areas 

15 are sufficient to develop generating capacity. 

16 ‘‘(2) CONSULTATION.—During the 2-year pe17 riod beginning on the date of enactment of this sec18 tion, the Commission, in coordination with the Sec19 retary and the heads of other relevant Federal agen20 cies, shall carry out appropriate consultation with 

21 States and Indian tribes (or any entity designated 

22 by a State or Indian tribe), Federal power mar23 keting agencies, Transmission Organizations, trans24 mitting utilities, and renewable energy project develVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 opers with respect to identifying appropriate loca2 tions for zones— 

3 ‘‘(A) in accordance with the purposes de4 scribed in paragraph (1); 

5 ‘‘(B) taking into consideration reliability, 

6 congestion, cybersecurity, environmental im7 pact, and cost effectiveness; and 

8 ‘‘(C) in a manner that ensures that the 

9 processing and permitting of renewable energy 

10 facilities and transmission facilities comply with 

11 applicable requirements of Federal law. 

12 ‘‘(3) IDENTIFICATION OF GRID-PLANNING ENTI13 TIES.—Not later than 90 days after the date of con14 clusion of the consultation required under paragraph 

15 (2), any entity described in that paragraph that in16 tends to support the purposes described in sub17 section (a) in the grid planning activities of the enti18 ty shall submit to the Commission a notice of that 

19 intent. 

20 ‘‘(d) PRECONSTRUCTION COMMITMENTS.—Not later 

21 than 90 days after the date of establishment of the zones 

22 under subsection (c)(1), the Commission, in coordination 

23 with each relevant grid-planning entity identified under 

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1 vene, interested stakeholders within each zone for pur2 poses of— 

3 ‘‘(1) construction planning; and 

4 ‘‘(2) encouraging— 

5 ‘‘(A) financial commitments by renewable 

6 energy project developers to transmitting utili7 ties; and 

8 ‘‘(B) commitments of transmission access 

9 by transmitting utilities to renewable energy 

10 project developers. 

11 ‘‘(e) CONSTRUCTION PLANNING.—Not later than 180 

12 days after the date of establishment of the zones under 

13 subsection (c)(1), the Commission, in coordination with 

14 each relevant grid-planning entity identified under sub15 section (c)(3), shall develop a plan for each zone relating 

16 to construction of the transmission capacity necessary to 

17 deliver to electric customers, in a manner that is most ben18 eficial and cost-effective to the customers, the renewable 

19 electricity generation capacity within the zone. 

20 ‘‘(f) COORDINATION WITH STATE AND REGIONAL

21 PLANNING PROCESSES.—The Commission shall provide 

22 support for, and may participate as requested in, State 

23 and regional grid planning processes that, as determined 

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1 state transmission lines to facilitate the deployment of re2 newable energy resources.’’. 

3 Subtitle C—Making Clean and 

4 Renewable Energy Affordable 

5 PART I—REDUCING CARBON POLLUTION AND 

6 CREATING JOBS BY TRANSITIONING TO SUS7 TAINABLE ENERGY SOURCES 

8 SEC. 321. EXTENSION AND MODIFICATION OF CREDITS 

9 WITH RESPECT TO FACILITIES PRODUCING 

10 ENERGY FROM CERTAIN RENEWABLE RE11 SOURCES. 

12 (a) PERMANENT EXTENSION FOR CERTAIN FACILI13 TIES.—Section 45(d) of the Internal Revenue Code of 

14 1986 is amended— 

15 (1) in paragraph (4), by striking ‘‘and which’’ 

16 and all that follows through the period and inserting 

17 the following: ‘‘and, in the case of a facility using 

18 solar energy, which is placed in service before Janu19 ary 1, 2006.’’, 

20 (2) in paragraph (6), by striking ‘‘and the con21 struction of which begins before January 1, 2017’’, 

22 (3) in paragraph (7), by striking ‘‘and the con23 struction of which begins before January 1, 2017’’, 

24 (4) in paragraph (9)(A)— 


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1 (A) in clause (i), by striking ‘‘and before 

2 January 1, 2017’’, and 

3 (B) in clause (ii), by striking ‘‘and the con4 struction of which begins before January 1, 

5 2017’’, and 

6 (5) in paragraph (11)(B), by striking ‘‘and the 

7 construction of which begins before January 1, 

8 2017’’. 

9 (b) EXTENSION FOR WIND FACILITIES.— 

10 (1) IN GENERAL.—Section 45(d)(1) of the In11 ternal Revenue Code of 1986 is amended by striking 

12 ‘‘January 1, 2020’’ and inserting ‘‘January 1, 

13 2034’’. 

14 (2) MODIFICATION OF PHASEOUT.—Paragraph 

15 (5) of section 45(b) of such Code is amended— 

16 (A) by striking ‘‘and’’ at the end of sub17 paragraph (B), 

18 (B) by striking ‘‘January 1, 2020, 60 per19 cent.’’ in subparagraph (C) and inserting ‘‘Jan20 uary 1, 2031, 60 percent, and’’, and 

21 (C) by adding at the end the following new 

22 subparagraph: 

23 ‘‘(D) in the case of any facility the con24 struction of which begins after December 31, 


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1 2030, and before January 1, 2034, 80 per2 cent.’’. 

3 (c) EXTENSION OF ELECTION TO TREAT QUALIFIED

4 FACILITIES OTHER THAN BIOMASS FACILITIES AS EN5 ERGY PROPERTY.— 

6 (1) IN GENERAL.—Section 48(a)(5)(C) of the 

7 Internal Revenue Code of 1986 is amended— 

8 (A) by striking ‘‘and the construction of 

9 which begins before January 1, 2017 (January 

10 1, 2020, in the case of any facility which is de11 scribed in paragraph (1) of section 45(d))’’ in 

12 clause (ii), and 

13 (B) by adding at the end the following new 

14 flush sentence: 

15 ‘‘Such term shall not include any facility de16 scribed in section 45(d)(1) the construction of 

17 which begins after December 31, 2033.’’. 

18 (2) EXCLUSION OF BIOMASS FACILITIES.— 

19 Clause (i) of section 48(a)(5)(C) of such Code is 

20 amended by striking ‘‘(2), (3),’’. 

21 (3) MODIFICATION OF PHASEOUT PERCENTAGE

22 FOR WIND FACILITIES.—Subparagraph (E) of sec23 tion 48(a)(5) of such Code is amended— 

24 (A) by striking ‘‘and’’ at the end of clause 

25 (ii), 


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1 (B) by striking ‘‘January 1, 2020, 60 per2 cent.’’ in clause (iii) and inserting ‘‘January 1, 

3 2031, 60 percent, and’’, and 

4 (C) by adding at the end the following new 

5 clause: 

6 ‘‘(d) in the case of any facility the 

7 construction of which begins after Decem8 ber 31, 2030, and before January 1, 2034, 

9 80 percent.’’. 

10 (d) EFFECTIVE DATES.—The amendments made by 

11 this section shall take effect on January 1, 2017. 

12 SEC. 322. EXTENSION AND MODIFICATION OF ENERGY 

13 CREDIT. 

14 (a) PERMANENT EXTENSION FOR CERTAIN PROP15 ERTY.—Section 48 of the Internal Revenue Code of 1986 

16 is amended— 

17 (1) in subsection (a)(3)(A)— 

18 (A) in clause (ii), by striking ‘‘but only 

19 with respect to periods ending before January 

20 1, 2017’’, and 

21 (B) in clause (vii), by striking ‘‘, but only 

22 with respect to periods ending before January 

23 1, 2017’’, and 

24 (2) in subsection (c)— 


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1 (A) in paragraph (1), by striking subpara2 graph (D), 

3 (B) in paragraph (2), by striking subpara4 graph (D), 

5 (C) in paragraph (3)(A), by inserting 

6 ‘‘and’’ at the end of clause (ii), by striking ‘‘, 

7 and’’ at the end of clause (iii) and inserting a 

8 period, and by striking clause (iv), and 

9 (D) in paragraph (4), by striking subpara10 graph (C). 

11 (b) SOLAR ENERGY PROPERTY.— 

12 (1) EXTENSION.—Section 48(a)(2)(A)(i)(II) of 

13 the Internal Revenue Code of 1986 is amended by 

14 striking ‘‘January 1, 2022’’ and inserting ‘‘January 

15 1, 2034’’. 

16 (2) MODIFICATION OF PHASEOUT.—Subpara17 graph (A) of section 48(a)(6) of the Internal Rev18 enue Code of 1986 is amended— 

19 (A) by striking ‘‘and’’ at the end of clause 

20 (i), 

21 (B) by striking ‘‘January 1, 2022, 22 per22 cent.’’ in clause (ii) and inserting ‘‘January 1, 

23 2030, 22 percent’’, and 

24 (C) by adding at the end the following new 

25 clauses: 


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1 ‘‘(i) in the case of any facility the con2 struction of which begins after December 

3 31, 2030, and before January 1, 2032, 18 

4 percent, and 

5 ‘‘(ii) in the case of any facility the 

6 construction of which begins after Decem7 ber 31, 2031, and before January 1, 2034, 

8 14 percent.’’. 

9 (c) EXTENSION OF 30-PERCENT INVESTMENT CRED10 IT FOR OFFSHORE WIND ENERGY FACILITIES.— 

11 (1) IN GENERAL.— 

12 (A) IN GENERAL.—Clause (i) of section 

13 48(a)(2)(A) of the Internal Revenue Code of 

14 1986 is amended by striking ‘‘and’’ at the end 

15 of subclause (IV) and by adding at the end the 

16 following new subclause: 

17 ‘‘(V) qualified offshore wind en18 ergy property, and’’. 

19 (B) QUALIFIED OFFSHORE WIND ENERGY

20 PROPERTY DEFINED.—Subsection (c) of section 

21 48 of such Code is amended by adding at the 

22 end the following new paragraph: 

23 ‘‘(5) QUALIFIED OFFSHORE WIND ENERGY

24 PROPERTY.— 


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1 ‘‘(A) IN GENERAL.—The term ‘qualified 

2 offshore wind energy property’ means property 

3 which is part of a qualified offshore wind facil4 ity. 

5 ‘‘(B) QUALIFIED OFFSHORE WIND FACIL6 ITY.—For purposes of subparagraph (A), the 

7 term ‘qualified offshore wind facility’ means 

8 any facility which— 

9 ‘‘(i) uses wind to generate electricity, 

10 and 

11 ‘‘(ii) is located in— 

12 ‘‘(I) the inland navigable waters 

13 of the United States, including the 

14 Great Lakes, or 

15 ‘‘(II) the coastal waters of the 

16 United States, including the territorial 

17 seas of the United States, the exclu18 sive economic zone of the United 

19 States, and the outer Continental 

20 Shelf of the United States.’’. 

21 (C) CONFORMING AMENDMENT.—Subpara22 graph (A) of section 48(a)(3) of such Code is 

23 amended by striking ‘‘or’’ at the end of clause 

24 (vi), by inserting ‘‘or’’ at the end of clause (vii), 


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1 and by adding at the end the following new 

2 clause: 

3 ‘‘(viii) qualified offshore wind energy 

4 property,’’. 

5 (D) COORDINATION WITH CREDIT FOR

6 OTHER WIND FACILITIES.—Section 48(a)(5)(C) 

7 of such Code is amended by adding at the end 

8 the following new sentence: 

9 ‘‘Such term shall not include any facility which 

10 is a qualified offshore wind facility (as defined 

11 in subsection (c)(5)).’’. 

12 (d) LIMITATION ON CREDIT FOR ONSHORE WIND

13 FACILITIES.—Subparagraph (A) of section 48(a)(5) of the 

14 Internal Revenue Code of 1986 is amended to read as fol15 lows: 

16 ‘‘(E) LIMITATION FOR ONSHORE WIND FA17 CILITIES.—In the case of a qualified investment 

18 credit facility described in section 45(d)(1), the 

19 credit otherwise determined under the section 

20 with respect to qualified property which is part 

21 of such facility shall not exceed an amount 

22 equal to $200 for each kilowatt hour of capacity 

23 of such facility.’’. 

24 (e) CREDIT FOR QUALIFIED ELECTRICAL TRANS25 MISSION PROPERTY.— 


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1 (1) IN GENERAL.—Section 48(a)(3)(A) of the 

2 Internal Revenue Code of 1986 is amended by add3 ing at the end the following: 

4 ‘‘(viii) qualified electrical transmission 

5 property.’’. 

6 (2) QUALIFIED ELECTRICAL TRANSMISSION

7 PROPERTY.—Section 48(c) of the Internal Revenue 

8 Code of 1986, as amended by subsection (c), is 

9 amended by adding at the end the following new 

10 paragraph: 

11 ‘‘(6) QUALIFIED ELECTRICAL TRANSMISSION

12 PROPERTY.—The term ‘qualified electrical trans13 mission property’ means an interstate electrical 

14 transmission system, including technologies listed in 

15 section 1223 of the Energy Policy Act of 2005, 

16 which is capable of carrying or transmitting at least 

17 69 kilovolts.’’. 

18 (f) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to property placed in service in 

20 taxable year beginning after the date of the enactment of 

21 this Act. 

22 (g) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to periods after December 31, 

24 2016, under rules similar to the rules of section 48(m) 

25 of the Internal Revenue Code of 1986 (as in effect on the 


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1 day before the date of the enactment of the Revenue Rec2 onciliation Act of 1990). 

3 SEC. 323. PERMANENT EXTENSION OF QUALIFYING AD4 VANCED ENERGY PROJECT CREDIT. 

5 (a) IN GENERAL.—Section 48C(d)(1)(B) of the In6 ternal Revenue Code of 1986 is amended— 

7 (1) by inserting ‘‘in any calendar year’’ after 

8 ‘‘allocated under the program’’, and 

9 (2) by striking ‘‘$2,300,000,000’’ and inserting 

10 ‘‘$1,000,000,000’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 48C(d)(2)(A) of such Code is 

13 amended by striking ‘‘during the 2-year period be14 ginning on the date the Secretary establishes the 

15 program under paragraph (1)’’. 

16 (2) Section 48C(d)(4) of such Code is amended 

17 by striking subparagraphs (A) and (B) and inserting 

18 the following: 

19 ‘‘(A) REVIEW.—Not later than 4 years 

20 after the close of any calendar year for which 

21 allocations were made under this section, the 

22 Secretary shall review the credits allocated 

23 under this section for such calendar year. 

24 ‘‘(B) REDISTRIBUTION.—The Secretary 

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1 tion for a calendar year if the Secretary deter2 mines that any certification made pursuant to 

3 paragraph (2) has been revoked pursuant to 

4 paragraph (2)(B) because the project subject to 

5 the certification has been delayed as a result of 

6 third-party opposition or litigation to the pro7 posed project.’’. 

8 (3) Section 48C(d)(4)(C) of such Code is 

9 amended by striking ‘‘the Secretary is authorized to 

10 conduct an additional program for applications for 

11 certification’’ and inserting ‘‘notwithstanding para12 graph (2)(A), the Secretary is authorized to accept 

13 additional applications for certification with respect 

14 to such amounts.’’. 

15 SEC. 324. PROMOTING ACCESS TO RENEWABLE ENERGY 

16 AND ENERGY EFFICIENCY FOR TAX-EXEMPT 

17 ORGANIZATIONS. 

18 (a) IN GENERAL.—Upon application, the Secretary 

19 of the Treasury shall, subject to the requirements of this 

20 section, provide a grant to each eligible entity who places 

21 in service specified energy property to reimburse such per22 son for a portion of the expense of such property as pro23 vided in subsection (b). No grant shall be made under this 

24 section with respect to any property unless such property 

25 is placed in service after 2016. 


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1 (b) GRANT AMOUNT.— 

2 (1) IN GENERAL.—The amount of the grant 

3 under subsection (a) with respect to any specified 

4 energy property shall be the applicable percentage of 

5 the basis of such property. 

6 (2) APPLICABLE PERCENTAGE.—For purposes 

7 of paragraph (1), the term ‘‘applicable percentage’’ 

8 means— 

9 (A) 30 percent in the case of any property 

10 described in paragraphs (1) through (4) of sub11 section (d), and 

12 (B) 10 percent in the case of any other 

13 property. 

14 (3) LIMITATIONS.—In the case of property de15 scribed in paragraph (1), (2), (3), (6), or (7) of sub16 section (d), the amount of any grant under this sec17 tion with respect to such property shall not exceed 

18 the limitation described in section 48(a)(5)(E), 

19 48(a)(6), 48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) of 

20 the Internal Revenue Code of 1986, respectively, 

21 with respect to such property. 

22 (c) TIME FOR PAYMENT OF GRANT.—The Secretary 

23 of the Treasury shall make payment of any grant under 

24 subsection (a) during the 60-day period beginning on the 

25 later of— 


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1 (1) the date of the application for such grant, 

2 or 

3 (2) the date the specified energy property for 

4 which the grant is being made is placed in service. 

5 (d) SPECIFIED ENERGY PROPERTY.—For purposes 

6 of this section, the term ‘‘specified energy property’’ 

7 means any of the following: 

8 (1) QUALIFIED FACILITIES.—Any qualified 

9 property (as defined in section 48(a)(5)(D) of the 

10 Internal Revenue Code of 1986) which is part of a 

11 qualified facility (within the meaning of section 45 

12 of such Code) described in paragraph (1), (4), (6), 

13 (7), (9), or (11) of section 45(d) of such Code. 

14 (2) QUALIFIED FUEL CELL PROPERTY.—Any 

15 qualified fuel cell property (as defined in section 

16 48(c)(1) of such Code). 

17 (3) SOLAR PROPERTY.—Any property described 

18 in clause (i) or (ii) of section 48(a)(3)(A) of such 

19 Code. 

20 (4) QUALIFIED SMALL WIND ENERGY PROP21 ERTY.—Any qualified small wind energy property 

22 (as defined in section 48(c)(4) of such Code). 

23 (5) GEOTHERMAL PROPERTY.—Any property 

24 described in clause (iii) of section 48(a)(3)(A) of 

25 such Code. 


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1 (6) QUALIFIED MICROTURBINE PROPERTY.— 

2 Any qualified microturbine property (as defined in 

3 section 48(c)(2) of such Code). 

4 (7) COMBINED HEAT AND POWER SYSTEM

5 PROPERTY.—Any combined heat and power system 

6 property (as defined in section 48(c)(3) of such 

7 Code). 

8 (8) GEOTHERMAL HEAT PUMP PROPERTY.— 

9 Any property described in clause (vii) of section 

10 48(a)(3)(A) of such Code. 

11 Such term shall not include any property unless deprecia12 tion (or amortization in lieu of depreciation) is allowable 

13 with respect to such property. 

14 (e) APPLICATION OF CERTAIN RULES.—In making 

15 grants under this section, the Secretary of the Treasury 

16 shall apply rules similar to the rules of section 50 of the 

17 Internal Revenue Code of 1986 (other than subsection 

18 (b)(3) thereof). In applying such rules, if the property is 

19 disposed of, or otherwise ceases to be specified energy 

20 property, the Secretary of the Treasury shall provide for 

21 the recapture of the appropriate percentage of the grant 

22 amount in such manner as the Secretary of the Treasury 

23 determines appropriate. 

24 (f) ELIGIBLE ENTITY.—For purposes of this section, 

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1 scribed in section 501(c) of the Internal Revenue Code of 

2 1986 and exempt from tax under section 501(a) of such 

3 Code. 

4 (g) DEFINITIONS.—Terms used in this section which 

5 are also used in section 45 or 48 of the Internal Revenue 

6 Code of 1986 shall have the same meaning for purposes 

7 of this section as when used in such section 45 or 48. 

8 Any reference in this section to the Secretary of the Treas9 ury shall be treated as including the Secretary’s delegate. 

10 (h) APPROPRIATIONS.—There is hereby appropriated 

11 to the Secretary of the Treasury such sums as may be 

12 necessary to carry out this section. 

13 PART II—SAVING CONSUMERS AND BUSINESSES 

14 MONEY BY PROMOTING ENERGY EFFICIENCY 

15 SEC. 326. PERMANENT EXTENSION OF ENERGY EFFICIENT 

16 COMMERCIAL BUILDINGS DEDUCTION. 

17 (a) IN GENERAL.—Section 179D of the Internal Rev18 enue Code of 1986 is amended by striking subsection (h). 

19 (b) UPDATE OF STANDARD.— 

20 (1) IN GENERAL.—Section 179D of the Inter21 nal Revenue Code of 1986 is amended by striking 

22 ‘‘Standard 90.1-2007’’ each place it appears and in23 serting ‘‘the applicable ASHRAE standard’’. 


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1 (2) APPLICABLE ASHRAE STANDARD.—Section 

2 179D(c)(2) of such Code is amended to read as fol3 lows: 

4 ‘‘(2) APPLICABLE ASHRAE STANDARD.—The 

5 term ‘applicable ASHRAE standard’ means— 

6 ‘‘(A) Standard 90.1–2013 of the American 

7 Society of Heating, Refrigerating, and Air Con8 ditioning Engineers and the Illuminating Engi9 neering Society of North America, or 

10 ‘‘(B) in the case of any subsequent stand11 ard adopted by the American Society of Heat12 ing, Refrigerating, and Air Conditioning Engi13 neers which supersedes the standard described 

14 in subparagraph (A), such subsequent stand15 ard.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to property placed in service after 

18 December 31, 2016. 

19 SEC. 327. PERMANENT EXTENSION OF NEW ENERGY EFFI20 CIENT HOME CREDIT. 

21 (a) IN GENERAL.—Section 45L of the Internal Rev22 enue Code of 1986 is amended by striking subsection (g). 

23 (b) UPDATE OF STANDARD.— 

24 (1) IN GENERAL.—Section 45L of the Internal 

25 Revenue Code of 1986 is amended by striking ‘‘the 


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1 standards of chapter 4 of the 2006 International 

2 Energy Conservation Code, as such Code (including 

3 supplements) is in effect on January 1, 2006’’ each 

4 place it appears and inserting ‘‘the applicable stand5 ards’’. 

6 (2) APPLICABLE STANDARDS.—Section 45L of 

7 such Code, as amended by subsection (a), is amend8 ed by adding at the end the following new sub9 section: 

10 ‘‘(g) APPLICABLE STANDARDS.—For purposes of this 

11 section, the term ‘applicable standards’ means, with re12 spect to any dwelling unit, the standards in effect for resi13 dential building energy efficiency under the International 

14 Energy Conservation Code on the first day of the taxable 

15 year in which construction for the dwelling unit com16 menced.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to homes acquired after December 

19 31, 2016. 

20 SEC. 328. PERMANENT EXTENSION AND REFUNDABILITY 

21 OF CREDIT FOR NONBUSINESS ENERGY 

22 PROPERTY. 

23 (a) PERMANENT EXTENSION.—Section 25C of the 

24 Internal Revenue Code of 1986 is amended by striking 

25 subsection (g). 


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1 (b) UPDATE OF STANDARDS.— 

2 (1) QUALIFIED ENERGY EFFICIENCY IMPROVE3 MENTS.— 

4 (A) IN GENERAL.—Section 25C(c)(2)(C) of 

5 the Internal Revenue Code of 1986 is amended 

6 by striking ‘‘the prescriptive criteria for such 

7 component established by the 2009 Inter8 national Energy Conservation Code, as such 

9 Code (including supplements) is in effect on the 

10 date of the enactment of the American Recov11 ery and Reinvestment Tax Act of 2009’’ and in12 serting ‘‘the applicable IECC standards’’. 

13 (B) APPLICABLE IECC STANDARDS.—Sec14 tion 25C(c) of such Code is amended by adding 

15 at the end the following new paragraph: 

16 ‘‘(5) APPLICABLE IECC STANDARDS.—For pur17 poses of this section, the term ‘applicable IECC 

18 standards’ means, with respect to any building enve19 lope component, the prescriptive criteria for such 

20 component in effect under the International Energy 

21 Conservation Code on the first day of the taxable 

22 year for which the credit is allowed.’’. 

23 (2) ENERGY EFFICIENT PROPERTY.— 

24 (A) HEAT PUMPS AND AIR CONDI25 TIONERS.— 


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1 (i) IN GENERAL.—Section 25C(d)(3) 

2 of the Internal Revenue Code of 1986 is 

3 amended by striking ‘‘the Consortium for 

4 Energy Efficiency, as in effect on January 

5 1, 2009’’ each place it appears and insert6 ing ‘‘the applicable CEE standards’’. 

7 (ii) APPLICABLE CEE STANDARDS.— 

8 Section 25C(d) of such Code is amended 

9 by adding at the end the following new 

10 paragraph: 

11 ‘‘(7) APPLICABLE CEE STANDARDS.—For pur12 poses of this section, the term ‘applicable CEE 

13 standards’ means, with respect to any property, the 

14 standards established by the Consortium for Energy 

15 Efficiency that are in effect for such property on the 

16 first day of the taxable year for which the credit is 

17 allowed.’’. 

18 (B) OTHER ENERGY EFFICIENT BUILDING

19 PROPERTY.—Paragraph (3) of section 25C(d) 

20 of such Code is amended— 

21 (i) in subparagraph (A), by inserting 

22 ‘‘and meets Energy Star program certifi23 cation requirements as of the first day of 

24 the taxable year in which the property 

25 placed in service’’ after ‘‘procedure’’, 


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1 (ii) in subparagraph (C), by inserting 

2 ‘‘and meets Energy Star program certifi3 cation requirements as of the first day of 

4 the taxable year in which the property 

5 placed in service’’ after ‘‘90 percent’’, and 

6 (iii) in subparagraph (E)— 

7 (I) by striking ‘‘and which’’ and 

8 inserting ‘‘which’’, and 

9 (II) by inserting ‘‘, and which 

10 meets Energy Star program certifi11 cation requirements as of the first day 

12 of the taxable year in which the prop13 erty placed in service’’ after ‘‘75 per14 cent’’. 

15 (C) FURNACES AND HOT WATER BOIL16 ERS.—Paragraph (4) of section 25C(d) of such 

17 Code is amended by inserting ‘‘and meets En18 ergy Star program certification requirements as 

19 of the first day of the taxable year in which the 

20 property placed in service’’ after ‘‘95’’. 

21 (D) ADVANCED MAIN AIR CIRCULATING

22 FANS.—Paragraph (5) of section 25C(d) of 

23 such Code is amended— 

24 (i) by striking ‘‘and which’’ and in25 serting ‘‘, which’’, and 


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1 (ii) by inserting ‘‘, and which meets 

2 Energy Star program certification require3 ments as of the first day of the taxable 

4 year in which the property placed in serv5 ice’’ after ‘‘test procedures)’’. 

6 (c) CREDIT MADE REFUNDABLE.— 

7 (1) CREDIT MOVED TO SUBPART RELATING TO

8 REFUNDABLE CREDITS.—The Internal Revenue 

9 Code of 1986 is amended— 

10 (A) by redesignating section 25C as section 

11 36C, and 

12 (B) by moving section 36C (as amended by 

13 subsections (a) and (b) and as redesignated by 

14 subparagraph (A)) from subpart A of part IV 

15 of subchapter A of chapter 1 to the location im16 mediately before section 37 in subpart C of part 

17 IV of subchapter A of chapter 1. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) Section 1016(a)(33) of such Code is 

20 amended— 

21 (i) by striking ‘‘section 25C(f)’’ and 

22 inserting ‘‘section 36C(f)’’, and 

23 (ii) by striking ‘‘under section 25C’’ 

24 and inserting ‘‘under section 36C’’. 


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1 (B) The table of sections for subpart A of 

2 part IV of subchapter A of chapter 1 of such 

3 Code is amended by striking the item relating 

4 to section 25C. 

5 (C) Paragraph (2) of section 1324(b) of 

6 title 31, United States Code, is amended by in7 serting ‘‘36C,’’ after ‘‘36B,’’. 

8 (D) The table of sections for subpart C of 

9 part IV of subchapter A of chapter 1 of the In10 ternal Revenue Code of 1986 is amended by in11 serting after the item relating to section 36B 

12 the following new item: 

‘‘36C. Nonbusiness energy property.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to property placed in service after 

15 December 31, 2016. 

16 SEC. 329. PERMANENT EXTENSION, MODIFICATION, AND 

17 REFUNDABILITY OF CREDIT FOR RESIDEN18 TIAL ENERGY EFFICIENT PROPERTY. 

19 (a) PERMANENT EXTENSION.—Section 25D of the 

20 Internal Revenue Code of 1986 is amended by striking 

21 subsection (h). 

22 (b) MAINTENANCE OF PHASEOUT PERCENTAGE FOR

23 CERTAIN SOLAR PROPERTY.—Paragraph (3) of section 

24 25D(g) of the Internal Revenue Code of 1986 is amended 

25 by striking ‘‘and before January 1, 2022,’’. 


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1 (c) CREDIT ALLOWED FOR ENERGY STORAGE PROP2 ERTY.— 

3 (1) IN GENERAL.—Section 25D(a) of the Inter4 nal Revenue Code of 1986 is amended by adding at 

5 the end the following new paragraph: 

6 ‘‘(6) 30 percent of the qualified energy storage 

7 property expenditures made by the taxpayer during 

8 the taxable year.’’. 

9 (2) QUALIFIED ENERGY STORAGE PROPERTY

10 EXPENDITURES.—Section 25D(d) of such Code is 

11 amended by adding at the end the following new 

12 paragraph: 

13 ‘‘(6) QUALIFIED ENERGY STORAGE PROPERTY

14 EXPENDITURE.—The term ‘qualified energy storage 

15 property expenditure’ means an expenditure for 

16 property— 

17 ‘‘(A) which is— 

18 ‘‘(i) located in a dwelling unit located 

19 in the United States and used by the tax20 payer as a residence, 

21 ‘‘(ii) directly connected to the elec22 trical grid, and 

23 ‘‘(iii) designed to receive electrical en24 ergy, to store such energy, and— 


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1 ‘‘(I) to convert such energy to 

2 electricity and deliver such electricity 

3 for sale, or 

4 ‘‘(II) to use such energy to pro5 vide improved reliability or economic 

6 benefits to the grid, or 

7 ‘‘(B) which is— 

8 ‘‘(i) part of a dwelling unit located in 

9 the United States which is— 

10 ‘‘(I) connected to the electrical 

11 grid, and 

12 ‘‘(II) used by the taxpayer as a 

13 residence, 

14 ‘‘(ii) connected to— 

15 ‘‘(I) qualified solar electric prop16 erty, or 

17 ‘‘(II) qualified small wind energy 

18 property, and 

19 ‘‘(iii) designed to receive electrical en20 ergy, store such energy, and to convert 

21 such energy to electricity for use by the 

22 taxpayer.’’. 

23 (d) CREDIT MADE REFUNDABLE.— 


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1 (1) CREDIT MOVED TO SUBPART RELATING TO

2 REFUNDABLE CREDITS.—The Internal Revenue 

3 Code of 1986 is amended— 

4 (A) by redesignating section 25D as sec5 tion 36D, and 

6 (B) by moving section 36D (as amended 

7 by subsections (a) and (b) and as redesignated 

8 by subparagraph (A)) from subpart A of part 

9 IV of subchapter A of chapter 1 to the location 

10 immediately before section 37 in subpart C of 

11 part IV of subchapter A of chapter 1 (as 

12 amended by section 323). 

13 (2) CONFORMING AMENDMENTS.— 

14 (A) Section 36C(e)(1) of the Internal Rev15 enue Code of 1986 (as redesignated by section 

16 323) is amended by striking ‘‘25D(e)’’ and in17 serting ‘‘36D(e)’’. 

18 (B) Section 45(d)(1) of such Code is 

19 amended by striking ‘‘section 25D’’ and insert20 ing ‘‘section 36D’’. 

21 (C) Section 1016(a)(34) of such Code is 

22 amended— 

23 (i) by striking ‘‘section 25D(f)’’ and 

24 inserting ‘‘section 36D(f)’’, and 


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1 (ii) by striking ‘‘under section 25D’’ 

2 and inserting ‘‘under section 36D’’. 

3 (D) The table of sections for subpart A of 

4 part IV of subchapter A of chapter 1 of such 

5 Code is amended by striking the item relating 

6 to section 25D. 

7 (E) Paragraph (2) of section 1324(b) of 

8 title 31, United States Code, as amended by 

9 this Act, is amended by inserting ‘‘36D,’’ after 

10 ‘‘36C,’’. 

11 (F) The table of sections for subpart C of 

12 part IV of subchapter A of chapter 1 of the In13 ternal Revenue Code of 1986, as amended by 

14 this Act, is amended by inserting after the item 

15 relating to section 36C the following new item: 

‘‘36D. Residential energy efficient property.’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to property placed in service after 

18 December 31, 2016. 

19 TITLE IV—ELECTRIFYING THE 

20 ENERGY ECONOMY 

21 Subtitle A—General Provisions 

22 SEC. 401. NATIONAL ZERO-EMISSION VEHICLE STANDARD. 

23 (a) NATIONAL ZERO-EMISSION VEHICLE STAND24 ARD.—Part A of title II of the Clean Air Act (42 U.S.C. 


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1 7521 et seq.) is amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 220. NATIONAL ZERO-EMISSION VEHICLE STANDARD. 

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

5 ‘‘(1) BASE QUANTITY OF NEW MOTOR VEHICLE

6 SALES.—The term ‘base quantity of new motor vehi7 cle sales’ means the total quantity of new motor ve8 hicles sold by a vehicle manufacturer during the 

9 most recent calendar year. 

10 ‘‘(2) HYBRID ELECTRIC VEHICLE.—The term 

11 ‘hybrid electric vehicle’ means a new qualified hybrid 

12 motor vehicle (as defined in section 30B(d)(3) of the 

13 Internal Revenue Code of 1986). 

14 ‘‘(3) RETIRE.—The term ‘retire’, with respect 

15 to a zero-emission vehicle credit, means to disqualify 

16 the zero-emission vehicle credit for any subsequent 

17 use under this section, including sale, transfer, ex18 change, or submission in satisfaction of a compliance 

19 obligation. 

20 ‘‘(4) VEHICLE MANUFACTURER.— 

21 ‘‘(A) IN GENERAL.—The term ‘vehicle 

22 manufacturer’ means an entity that— 

23 ‘‘(i) engaged in the manufacturing of 

24 new motor vehicles; and 


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1 ‘‘(ii) sold not fewer than 100 new 

2 motor vehicles to ultimate purchasers, ei3 ther directly or through an affiliate, such 

4 as a dealer. 

5 ‘‘(B) EXCLUSIONS.—The term ‘vehicle 

6 manufacturer’ does not include— 

7 ‘‘(i) a motor vehicle parts supplier; or 

8 ‘‘(ii) a dealer. 

9 ‘‘(5) ZERO-EMISSION VEHICLE.—The term 

10 ‘zero-emission vehicle’ means a motor vehicle that 

11 produces zero exhaust emissions of any criteria pol12 lutant, precursor pollutant, or greenhouse gas in any 

13 mode of operation or condition, as determined by the 

14 Administrator. 

15 ‘‘(b) COMPLIANCE.—For calendar year 2030 and 

16 each calendar year thereafter, each vehicle manufacturer 

17 shall meet the requirements of subsections (c) and (d) by 

18 submitting to the Administrator, not later than April 1 

19 of the following calendar year, as applicable— 

20 ‘‘(1) for a vehicle manufacturer that fails to 

21 meet the minimum required percentage of new zero22 emission vehicle sales for the applicable calendar 

23 year, as determined under subsection (c), a quantity 

24 of zero-emission vehicle credits sufficient to offset 

25 that excess, as determined by the Administrator; or 


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1 ‘‘(2) for a vehicle manufacturer that meets or 

2 exceeds the minimum required percentage of new 

3 zero-emission vehicle sales for the applicable cal4 endar year, as determined under subsection (c), a 

5 certification of that compliance, as the Adminis6 trator determines to be appropriate. 

7 ‘‘(c) MINIMUM REQUIRED ANNUAL PERCENTAGE OF

8 NEW ZERO-EMISSION VEHICLE SALES.—For calendar 

9 years 2030 through 2040, in annual increments, the min10 imum annual percentage of the base quantity of new 

11 motor vehicle sales of a vehicle manufacturer that shall 

12 be zero-emission vehicles, or otherwise credited towards 

13 the percentage requirement pursuant to subsection (e), 

14 shall be the applicable percentage specified in the following 

15 table: 

‘‘Minimum Required Annual Percentage of New Zero-Emission 

Vehicle Sales 

Calendar Year Percentage 

2030 ................................................................................................ 50.0

2031 ................................................................................................ 55.0

2032 ................................................................................................ 60.0

2033 ................................................................................................ 65.0

2034 ................................................................................................ 70.0

2035 ................................................................................................ 75.0

2036 ................................................................................................ 80.0

2037 ................................................................................................ 85.0

2038 ................................................................................................ 90.0

2039 ................................................................................................ 95.0

2040 ................................................................................................ 100.0. 

16 ‘‘(d) REQUIREMENT FOR 2040 AND THEREAFTER.— 

17 For calendar year 2040 and each calendar year thereafter, 


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1 a vehicle manufacturer shall sell only zero-emission vehi2 cles. 

3 ‘‘(e) ZERO-EMISSION VEHICLE CREDITS.— 

4 ‘‘(1) IN GENERAL.—A vehicle manufacturer 

5 may satisfy the requirements of subsection (b) 

6 through the submission of zero-emission vehicle 

7 credits— 

8 ‘‘(A) issued to the vehicle manufacturer 

9 under subsection (f); or 

10 ‘‘(B) obtained by purchase, transfer, or ex11 change under subsection (g). 

12 ‘‘(2) LIMITATION.—A zero-emission vehicle 

13 credit may be counted toward compliance with sub14 section (b) only once. 

15 ‘‘(f) ISSUANCE OF ZERO-EMISSION VEHICLE CRED16 ITS.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this section, the Adminis19 trator shall establish by rule a program— 

20 ‘‘(A) to verify and issue zero-emission vehi21 cle credits to vehicle manufacturers; 

22 ‘‘(B) to track the sale, transfer, exchange, 

23 carry over, and retirement of zero-emission ve24 hicle credits; and 


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1 ‘‘(C) to enforce the requirements of this 

2 section. 

3 ‘‘(2) APPLICATION.— 

4 ‘‘(A) IN GENERAL.—A vehicle manufac5 turer that sold, either directly or through an af6 filiate, such as a dealer, a new zero-emission ve7 hicle or a hybrid electric vehicle in the United 

8 States may apply to the Administrator for the 

9 issuance of a zero-emission vehicle credit. 

10 ‘‘(B) ELIGIBILITY.—To be eligible for the 

11 issuance of a zero-emission vehicle credit, a ve12 hicle manufacturer shall demonstrate to the Ad13 ministrator that the vehicle manufacturer sold 1 

14 or more zero-emission vehicles or hybrid electric 

15 vehicles in the previous calendar year. 

16 ‘‘(C) CONTENTS.—The application shall 

17 indicate— 

18 ‘‘(i) the type of zero-emission vehicle 

19 or hybrid electric vehicle that was sold; 

20 ‘‘(ii) the State in which the zero-emis21 sion vehicle or hybrid electric vehicle was 

22 sold; and 

23 ‘‘(iii) any other information deter24 mined to be appropriate by the Adminis25 trator. 


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1 ‘‘(D) AGGREGATION.—An application for a 

2 zero-emission vehicle credit under subparagraph 

3 (A) may aggregate information on all zero-emis4 sion vehicles and hybrid electric vehicles sold by 

5 the vehicle manufacturer in the applicable cal6 endar year. 

7 ‘‘(3) QUANTITY OF ZERO-EMISSION VEHICLE

8 CREDITS.— 

9 ‘‘(A) ZERO-EMISSION VEHICLES.—The Ad10 ministrator shall issue to a vehicle manufac11 turer the application under paragraph (2) of 

12 which is approved 1 zero-emission vehicle credit 

13 for each zero-emission vehicle sold in the United 

14 States. 

15 ‘‘(B) HYBRID ELECTRIC VEHICLES.—For a 

16 hybrid electric vehicle sold by a vehicle manu17 facturer the application under paragraph (2) of 

18 which is approved, the Administrator shall issue 

19 a partial zero-emission vehicle credit based on 

20 the estimated proportion of the mileage driven 

21 on the battery of the hybrid electric vehicle, as 

22 determined by the Administrator. 

23 ‘‘(C) FUEL-EFFICIENT VEHICLES.—The 

24 Administrator may issue a partial zero-emission 

25 vehicle credit for a motor vehicle that consumes 


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1 less gasoline, as compared to comparable motor 

2 vehicles (as identified by the Administrator), 

3 based on the estimated proportion of fuel sav4 ings, determined by the Administrator. 

5 ‘‘(D) CREDIT BANKING.—A zero-emission 

6 vehicle credit issued for any calendar year that 

7 is not submitted to comply with the minimum 

8 annual percentage of new zero-emission vehicles 

9 requirement of subsection (c) during that cal10 endar year may be carried forward for use pur11 suant to subsection (b)(1) within the next 5 

12 years, but not later than 2040. 

13 ‘‘(g) ZERO-EMISSION VEHICLE CREDIT TRADING.— 

14 ‘‘(1) IN GENERAL.—A zero-emission vehicle 

15 credit for any calendar year before 2040 that is not 

16 submitted to the Administrator to comply with the 

17 minimum annual percentage of new zero-emission 

18 vehicles requirement of subsection (c) for that cal19 endar year may be sold, transferred, or exchanged 

20 by the vehicle manufacturer to which the credit is 

21 issued or by any other entity that acquires the zero22 emission vehicle credit. 

23 ‘‘(2) DELEGATION.—The Administrator may 

24 delegate to an appropriate market-making entity the 

25 administration of a national tradeable zero-emission 


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1 vehicle credit market for purposes of creating a 

2 transparent national market for the sale or trade of 

3 zero-emission vehicle credits. 

4 ‘‘(h) ZERO-EMISSION VEHICLE CREDIT RETIRE5 MENT.— 

6 ‘‘(1) IN GENERAL.—Any entity that obtains 

7 legal rights to a zero-emission vehicle credit may re8 tire the zero-emission vehicle credit in any calendar 

9 year. 

10 ‘‘(2) USE OF RETIRED ZERO-EMISSION VEHICLE

11 CREDIT.—A zero-emission vehicle credit retired 

12 under paragraph (1) may not be used for compliance 

13 with subsection (b) in— 

14 ‘‘(A) the calendar year in which the zero15 emission vehicle credit is retired; or 

16 ‘‘(B) any subsequent calendar year. 

17 ‘‘(i) INFORMATION COLLECTION.—The Adminis18 trator may collect the information necessary to verify and 

19 audit— 

20 ‘‘(1) the annual sales of motor vehicles of any 

21 vehicle manufacturer; 

22 ‘‘(2) a zero-emission vehicle credit submitted by 

23 a vehicle manufacturer pursuant to subsection 

24 (b)(1); 


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1 ‘‘(3) the validity of a zero-emission vehicle cred2 it submitted for compliance by a vehicle manufac3 turer to the Administrator; and 

4 ‘‘(4) the quantity of motor vehicle sales in the 

5 United States of all vehicle manufacturers. 

6 ‘‘(j) STATE PROGRAMS.— 

7 ‘‘(1) IN GENERAL.—Nothing in this section di8 minishes any authority of a State or political sub9 division of a State to adopt or enforce any law (in10 cluding regulations) relating to motor vehicles. 

11 ‘‘(2) COMPLIANCE WITH SECTION.—No law or 

12 regulation of a State or political subdivision of a 

13 State shall relieve any vehicle manufacturer from 

14 compliance with any requirement otherwise applica15 ble under this section. 

16 ‘‘(k) REGULATIONS.—Not later than 1 year after the 

17 date of enactment of this section, the Administrator shall 

18 promulgate regulations to implement this section. 

19 ‘‘(l) ENFORCEMENT.— 

20 ‘‘(1) CIVIL PENALTY.— 

21 ‘‘(A) IN GENERAL.—A vehicle manufac22 turer that fails to comply with subsection (b) 

23 shall be liable for a civil penalty, assessed by 

24 the Administrator, in an amount that is equal 

25 to twice the average value of the aggregate 


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1 quantity of zero-emission vehicle credits that 

2 the vehicle manufacturer failed to submit in vio3 lation of that subsection, as determined by the 

4 Administrator. 

5 ‘‘(B) ENFORCEMENT.—The Administrator 

6 shall assess any civil penalty under subpara7 graph (A). 

8 ‘‘(C) DEPOSIT.—With respect to any civil 

9 penalty paid to the Administrator pursuant to 

10 subparagraph (A), the Administrator shall de11 posit the amount in the Climate Fund estab12 lished by section 702(a) of the 100 by ’50 Act. 

13 ‘‘(2) INJUNCTION.—After calendar year 2040, 

14 the Administrator may issue an injunction on the 

15 manufacture of any motor vehicles other than zero16 emission vehicles by a vehicle manufacturer.’’. 

17 (b) TABLE OF CONTENTS AMENDMENT.—The table 

18 of contents of the Clean Air Act (42 U.S.C. prec. 7401) 

19 is amended by adding at the end of the items relating to 

20 part A of title II the following: 

‘‘Sec. 220. Zero-emission vehicle standard.’’. 

21 SEC. 402. CARBON FEE FOR AVIATION, MARITIME TRANS22 PORTATION, AND RAIL. 

23 (a) DEFINITIONS.—In this section: 

24 (1) CARBON FEE.—The term ‘‘carbon fee’’ 

25 means the carbon fee imposed under subsection (b). 


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1 (2) CARBON POLLUTING SUBSTANCE.—The 

2 term ‘‘carbon polluting substance’’ means coal (in3 cluding lignite and peat), petroleum and any petro4 leum product, or natural gas that, when combusted 

5 or otherwise used, will release greenhouse gas emis6 sions. 

7 (3) COMMERCIAL AVIATION.—The term ‘‘com8 mercial aviation’’ means any aircraft operation in9 volving the transportation of passengers, cargo, or 

10 mail for hire. 

11 (4) MARITIME TRANSPORTATION.—The term 

12 ‘‘maritime transportation’’ means the shipment of 

13 goods, cargo, and people by sea and other water14 ways. 

15 (b) CARBON FEE.—The Secretary of the Treasury, 

16 in consultation with the Council, shall impose a carbon 

17 fee, in accordance with this section, on any owner or oper18 ator of an entity within the eligible sectors listed in sub19 section (d) to transition those sectors away from fossil fuel 

20 usage. 

21 (c) AMOUNT.— 

22 (1) IN GENERAL.—The amount of the carbon 

23 fee shall be assessed per ton of carbon dioxide equiv24 alent (including carbon dioxide equivalent content of 


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1 methane) of the carbon polluting substance used as 

2 fuel, as determined by the Council. 

3 (2) FRACTIONAL PART OF TON.—In the case of 

4 a fraction of a ton of a carbon polluting substance, 

5 the carbon fee shall be the same fraction of the 

6 amount of the fee imposed on a whole ton of the car7 bon polluting substance. 

8 (3) APPLICABLE AMOUNT.—For purposes of 

9 this subsection, the amount of the carbon fee shall 

10 be not less than the social cost of carbon, as deter11 mined by the Administrator. 

12 (d) ELIGIBLE SECTORS.—An owner or operator of an 

13 entity shall be subject to a carbon fee if the entity is a 

14 part of— 

15 (1) commercial aviation; 

16 (2) maritime transportation; or 

17 (3) rail. 

18 (e) USE OF COLLECTED CARBON FEE.—Funds col19 lected under this section shall be used, as determined by 

20 the Council, to establish or fund programs, including those 

21 established under section 406, to assist eligible sectors de22 scribed in subsection (d) with transitioning away from fos23 sil fuel usage. 


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1 SEC. 403. ACCELERATING THE DEPLOYMENT OF ZERO2 EMISSION VEHICLES IN COMMUNITIES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) CHARGING INFRASTRUCTURE.—The term 

5 ‘‘charging infrastructure’’ means any property (not 

6 including a building) used for the recharging of a 

7 zero-emission vehicle, including electrical panel up8 grades, wiring, conduits, trenching, pedestals, and 

9 related equipment. 

10 (2) DEPLOYMENT COMMUNITY.—The term ‘‘de11 ployment community’’ means a community selected 

12 by the Secretary to be part of the Program. 

13 (3) FEDERAL-AID SYSTEM OF HIGHWAYS.—The 

14 term ‘‘Federal-aid system of highways’’ means the 

15 National Highway System described in section 103 

16 of title 23, United States Code. 

17 (4) PROGRAM.—The term ‘‘Program’’ means 

18 the zero-emission vehicle deployment community pro19 gram established under subsection (b)(1). 

20 (b) ESTABLISHMENT.— 

21 (1) IN GENERAL.—The Secretary shall establish 

22 a zero-emission vehicle deployment communities pro23 gram. 

24 (2) EXISTING ACTIVITIES.—In carrying out the 

25 Program, the Secretary shall coordinate and supple26 ment, not supplant, any ongoing zero-emission vehiVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 cle deployment activities under section 131 of the 

2 Energy Independence and Security Act of 2007 (42 

3 U.S.C. 17011). 

4 (3) DEPLOYMENT.— 

5 (A) IN GENERAL.—The Secretary shall es6 tablish a competitive process to select deploy7 ment communities for the Program. 

8 (B) ELIGIBLE ENTITIES.—In selecting 

9 participants for the Program, the Secretary 

10 shall only consider applications submitted by 

11 State, tribal, or local government entities (or 

12 groups of State, tribal, or local government en13 tities). 

14 (C) SELECTION.—Not later than 1 year 

15 after the date of enactment of this Act and not 

16 later than 1 year after the date on which any 

17 subsequent amounts are appropriated for the 

18 Program, the Secretary shall select the deploy19 ment communities under this paragraph. 

20 (c) GOALS.—The goals of the Program are— 

21 (1) to facilitate the rapid deployment of zero22 emission vehicles in various regions and regulatory 

23 environments, including— 


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1 (A) the deployment of 1,000,000 zero2 emission vehicles in the deployment commu3 nities selected under subsection (d)(2); 

4 (B) the near-term achievement of signifi5 cant market penetration in deployment commu6 nities; and 

7 (C) supporting the achievement of signifi8 cant market penetration nationally; 

9 (2) to establish regionally appropriate, inter10 operable models for the rapid deployment of zero11 emission vehicles nationally, including regionally ap12 propriate approaches for the cost-effective deploy13 ment of a sufficient quantity of single-family and 

14 multifamily residential, workplace, and publicly 

15 available charging infrastructure or zero-emission ve16 hicle-refueling infrastructure; 

17 (3) to increase consumer knowledge and accept18 ance of, and exposure to, zero-emission vehicles; 

19 (4) to encourage the innovation and investment 

20 necessary to achieve mass market deployment of 

21 zero-emission vehicles; 

22 (5) to demonstrate the integration of zero-emis23 sion vehicles into electricity distribution systems and 

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1 ing grid system performance, security, and reli2 ability; 

3 (6) to demonstrate protocols and communica4 tion standards that facilitate vehicle integration into 

5 the grid and provide seamless charging for con6 sumers traveling through multiple utility distribution 

7 systems; 

8 (7) to investigate differences among deployment 

9 communities and to develop best practices for imple10 menting vehicle electrification in various commu11 nities, including best practices for planning for and 

12 facilitating the construction of residential, work13 place, and publicly available infrastructure to sup14 port zero-emission vehicles; 

15 (8) to collect comprehensive data on the pur16 chase and use of zero-emission vehicles, including 

17 charging or refueling profile data at unit and aggre18 gate levels, to inform best practices for rapidly de19 ploying zero-emission vehicles in other locations, in20 cluding for the installation of charging infrastruc21 ture or zero-emission vehicle-refueling infrastructure; 

22 (9) to reduce and displace petroleum use and 

23 reduce greenhouse gas emissions by accelerating the 

24 deployment of zero-emission vehicles in the United 

25 States; and 


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1 (10) to increase domestic manufacturing capac2 ity and commercialization in a manner that will es3 tablish the United States as a world leader in zero4 emission vehicle technologies. 

5 (d) DEPLOYMENT COMMUNITY SELECTION CRI6 TERIA.— 

7 (1) IN GENERAL.—The Secretary shall ensure, 

8 to the maximum extent practicable, that selected de9 ployment communities serve as models of deploy10 ment for various communities across the United 

11 States. 

12 (2) SELECTION.—In selecting communities 

13 under this section, the Secretary— 

14 (A) shall ensure, to the maximum extent 

15 practicable, that— 

16 (i) the combination of selected com17 munities is diverse in population, popu18 lation density, demographics, urban and 

19 suburban composition, typical commuting 

20 patterns, climate, and type of utility (in21 cluding investor-owned, publicly owned, co22 operatively owned, distribution-only, and 

23 vertically integrated utilities); 

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1 tribution, and at least 1 deployment com2 munity is located in each Petroleum Ad3 ministration for Defense District; 

4 (iii) at least 1 deployment community 

5 selected has a population of less than 

6 500,000; 

7 (iv) grants are of a sufficient amount 

8 such that each deployment community will 

9 achieve significant market penetration, 

10 particularly into the mainstream consumer 

11 market; and 

12 (v) the deployment communities are 

13 representative of other communities across 

14 the United States; 

15 (B) is encouraged to select a combination 

16 of deployment communities that includes mul17 tiple models or approaches for deploying zero18 emission vehicles that the Secretary believes are 

19 reasonably likely to be effective, including mul20 tiple approaches to the deployment of charging 

21 infrastructure or zero-emission vehicle-refueling 

22 infrastructure; 

23 (C) shall prioritize deployment commu24 nities that demonstrate affordable modes of acVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 cess to zero-emission vehicles for low-income 

2 communities and disadvantaged communities; 

3 (D) in addition to the criteria described in 

4 subparagraph (A), may give preference to appli5 cants proposing a greater non-Federal cost 

6 share; and 

7 (E) when considering deployment commu8 nity plans, shall take into account previous De9 partment of Energy and other Federal invest10 ments to ensure that the maximum domestic 

11 benefit from Federal investments is realized. 

12 (3) CRITERIA.— 

13 (A) IN GENERAL.—Not later than 120 

14 days after the date of enactment of this Act, 

15 and not later than 90 days after the date on 

16 which any subsequent amounts are appro17 priated for the Program, the Secretary shall 

18 publish criteria for the selection of deployment 

19 communities that include requirements that ap20 plications be submitted by a State, tribal, or 

21 local government entity (or groups of State, 

22 tribal, or local government entities). 

23 (B) APPLICATION REQUIREMENTS.—The 

24 criteria published by the Secretary under subVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 paragraph (A) shall include application require2 ments that, at a minimum, include— 

3 (i) achievable goals and methodologies 

4 for— 

5 (I) the number of zero-emission 

6 vehicles to be deployed in the commu7 nity; 

8 (II) the expected percentage of 

9 light-duty vehicle sales that would be 

10 sales of zero-emission vehicles; 

11 (III) the adoption of zero-emis12 sion vehicles (including medium- or 

13 heavy-duty vehicles) in private and 

14 public fleets during the 3-year dura15 tion of the Program; and 

16 (IV) a method to generate rev17 enue to maintain the infrastructure 

18 investments made by the Program 

19 after the termination of the Program; 

20 (ii) data that demonstrate that— 

21 (I) the public is likely to embrace 

22 zero-emission vehicles, which may in23 clude— 

24 (aa) the quantity of zero25 emission vehicles purchased; 


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1 (bb) the number of individ2 uals on a waiting list to purchase 

3 a zero-emission vehicle; 

4 (cc) projections of the quan5 tity of zero-emission vehicles sup6 plied to dealers; and 

7 (dd) any assessment of the 

8 quantity of charging infrastruc9 ture or zero-emission vehicle-re10 fueling infrastructure installed or 

11 for which permits have been 

12 issued; and 

13 (II) automobile manufacturers 

14 and dealers will be able to provide and 

15 service the targeted number of zero16 emission vehicles in the community 

17 for the duration of the program; 

18 (iii) clearly defined geographical 

19 boundaries of the proposed deployment 

20 area; 

21 (iv) a community deployment plan for 

22 the deployment of zero-emission vehicles, 

23 charging infrastructure or zero-emission 

24 vehicle-refueling infrastructure, and serv25 ices in the community; 


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1 (v) assurances that a majority of the 

2 vehicle deployments anticipated in the plan 

3 will be personal vehicles authorized to trav4 el on the Federal-aid system of highways, 

5 and secondarily, private or public sector 

6 zero-emission fleet vehicles, but may also 

7 include— 

8 (I) private or public sector zero9 emission fleet vehicles; 

10 (II) medium- and heavy-duty 

11 zero-emission vehicles; and 

12 (III) any other zero-emission ve13 hicle authorized to travel on the Fed14 eral-aid system of highways; and 

15 (vi) any other merit-based criteria, as 

16 determined by the Secretary. 

17 (4) COMMUNITY DEPLOYMENT PLANS.—Plans 

18 for the deployment of zero-emission vehicles shall in19 clude— 

20 (A) a proposed level of cost sharing in ac21 cordance with subsection (e)(2)(C); 

22 (B) documentation demonstrating a de23 ployment community project involving relevant 

24 stakeholders, including— 


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1 (i) a list of stakeholders that in2 cludes— 

3 (I) elected and appointed officials 

4 from each of the participating State, 

5 local, and tribal governments; 

6 (II) all relevant generators and 

7 distributors of electricity; 

8 (III) State utility regulatory au9 thorities; 

10 (IV) departments of public works 

11 and transportation; 

12 (V) owners and operators of 

13 property that will be essential to the 

14 deployment of a sufficient level of 

15 publicly available charging infrastruc16 ture or zero-emission vehicle-refueling 

17 infrastructure (including privately 

18 owned parking lots or structures and 

19 commercial entities with public access 

20 locations); 

21 (VI) zero-emission vehicle manu22 facturers or retailers; 

23 (VII) third-party providers of 

24 residential, workplace, private, and 

25 publicly available charging infrastrucVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 ture or zero-emission vehicle-refueling 

2 infrastructure or services; 

3 (VIII) owners of any major fleet 

4 that will participate in the applicable 

5 deployment community project; 

6 (IX) as appropriate, owners and 

7 operators of regional electric power 

8 distribution and transmission facili9 ties; and 

10 (X) as appropriate, other existing 

11 deployment community coalitions rec12 ognized by the Department of Energy; 

13 (ii) evidence of the commitment of the 

14 stakeholders to participate in the project; 

15 (iii) a clear description of the role and 

16 responsibilities of each stakeholder; and 

17 (iv) a plan for continuing the engage18 ment and participation of the stakeholders, 

19 as appropriate, throughout the implemen20 tation of the deployment plan; 

21 (C) a description of the number of zero22 emission vehicles anticipated to be zero-emission 

23 personal vehicles and the number of zero-emis24 sion vehicles anticipated to be privately owned 

25 fleet or public fleet vehicles; 


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1 (D) a plan for deploying residential, work2 place, private, and publicly available charging 

3 infrastructure or zero-emission vehicle-refueling 

4 infrastructure, including— 

5 (i) an assessment of the number of 

6 consumers who will have access to private 

7 residential charging infrastructure or zero8 emission vehicle-refueling infrastructure in 

9 single-family or multifamily residences; 

10 (ii) options for accommodating zero11 emission vehicle owners who are not able 

12 to charge vehicles at their place of resi13 dence; 

14 (iii) an assessment of the number of 

15 consumers who will have access to work16 place charging infrastructure or zero-emis17 sion vehicle-refueling infrastructure; 

18 (iv) a plan for ensuring that the 

19 charging infrastructure or zero-emission 

20 vehicle be able to send and receive the in21 formation needed to interact with the grid 

22 and be compatible with smart grid tech23 nologies to the extent feasible; 

24 (v) an estimate of the number and 

25 distribution of publicly and privately owned 


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1 charging or refueling stations that will be 

2 publicly or commercially available; 

3 (vi) an estimate of the quantity of 

4 charging infrastructure or zero-emission 

5 vehicle-refueling infrastructure that will be 

6 privately funded or located on private 

7 property; and 

8 (vii) a description of equipment to be 

9 deployed, including assurances that, to the 

10 maximum extent practicable, equipment to 

11 be deployed will meet open, nonproprietary 

12 standards for connecting to zero-emission 

13 vehicles that— 

14 (I) are commonly accepted by in15 dustry at the time the equipment is 

16 being acquired; or 

17 (II) meet the standards developed 

18 by the Director of the National Insti19 tute of Standards and Technology 

20 under section 1305 of the Energy 

21 Independence and Security Act of 

22 2007 (42 U.S.C. 17385); 

23 (E) 1 or more plans for effective mar24 keting of and consumer education relating to 


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1 zero-emission vehicles, charging or refueling 

2 services, and charging infrastructure; 

3 (F) descriptions of updated building codes 

4 (or a plan to update building codes before or 

5 during the grant period) to include charging in6 frastructure or dedicated circuits for charging 

7 infrastructure, as appropriate, in new construc8 tion and major renovations; 

9 (G) descriptions of updated construction 

10 permitting or inspection processes (or a plan to 

11 update construction permitting or inspection 

12 processes) to allow for expedited installation of 

13 charging infrastructure or zero-emission vehicle14 refueling infrastructure for purchasers of zero15 emission vehicles, including a permitting proc16 ess that allows a vehicle purchaser to have 

17 charging infrastructure or zero-emission vehicle18 refueling infrastructure installed in a timely 

19 manner; 

20 (H) descriptions of updated zoning, park21 ing rules, or other local ordinances as are nec22 essary to facilitate the installation of publicly 

23 available charging infrastructure or zero-emis24 sion vehicle-refueling infrastructure and to 

25 allow for access to publicly available charging 


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1 infrastructure or zero-emission vehicle-refueling 

2 infrastructure, as appropriate; 

3 (I) descriptions of incentives for residents 

4 in a deployment community who purchase and 

5 register a new zero-emission vehicle, in addition 

6 to any Federal incentives, including— 

7 (i) a rebate of part of the purchase 

8 price of the zero-emission vehicle; 

9 (ii) reductions in sales taxes or reg10 istration fees; 

11 (iii) rebates or reductions in the costs 

12 of permitting, purchasing, or installing 

13 home zero-emission vehicle charging infra14 structure or zero-emission vehicle-refueling 

15 infrastructure; and 

16 (iv) rebates or reductions in State or 

17 local toll road access charges; 

18 (J) additional consumer benefits, such as 

19 preferred parking spaces or single-rider access 

20 to high-occupancy vehicle lanes for zero-emis21 sion vehicles; 

22 (K) a proposed plan for making necessary 

23 utility and grid upgrades, including economi24 cally sound and cybersecure information techVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 nology upgrades and employee training, and a 

2 plan for recovering the cost of the upgrades; 

3 (L) a description of utility, grid operator, 

4 or (if appropriate) competitive charging service 

5 providers, policies, and plans for accommo6 dating the deployment of zero-emission vehicles, 

7 including— 

8 (i) rate structures or competitive 

9 charging or refueling service provisions and 

10 billing protocols for the charging or refuel11 ing of zero-emission vehicles; 

12 (ii) analysis of potential impacts to 

13 the grid; 

14 (iii) plans for using information tech15 nology or third-party aggregators— 

16 (I) to minimize the effects of 

17 charging on peak loads; 

18 (II) to enhance reliability; and 

19 (III) to provide other grid bene20 fits; and 

21 (iv) plans for working with smart grid 

22 technologies or third-party aggregators for 

23 the purposes of smart charging and for al24 lowing 2-way communication; 


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1 (M) a plan for a sustainable business 

2 model that will ensure cost effective mainte3 nance, operation, and expansion of the charging 

4 infrastructure or zero-emission vehicle-refueling 

5 infrastructure and charging or refueling serv6 ices; 

7 (N) a deployment timeline; 

8 (O) a plan for monitoring and evaluating 

9 the implementation of the plan, including 

10 metrics for assessing the success of the deploy11 ment and an approach to updating the plan, as 

12 appropriate; and 

13 (P) a description of the manner in which 

14 any grant funds applied for under subsection 

15 (e) will be used and the proposed local cost 

16 share for the funds. 

17 (e) APPLICATIONS AND GRANTS.— 

18 (1) APPLICATIONS.— 

19 (A) IN GENERAL.—Not later than 150 

20 days after the date of publication by the Sec21 retary of selection criteria described in sub22 section (d)(3), any State, tribal, or local govern23 ment, or group of State, tribal, or local govern24 ments may apply to the Secretary to become a 

25 deployment community. 


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1 (B) JOINT SPONSORSHIP.— 

2 (i) IN GENERAL.—An application sub3 mitted under subparagraph (A) may be 

4 jointly sponsored by electric utilities, auto5 mobile manufacturers, technology pro6 viders, carsharing companies or organiza7 tions, third-party zero-emission vehicle 

8 service providers, or other appropriate enti9 ties. 

10 (ii) DISBURSEMENT OF GRANTS.—A 

11 grant provided under this subsection shall 

12 only be disbursed to a State, tribal, or 

13 local government, or group of State, tribal, 

14 or local governments, regardless of whether 

15 the application is jointly sponsored under 

16 clause (i). 

17 (2) GRANTS.— 

18 (A) IN GENERAL.—In each application, the 

19 applicant may request up to $250,000,000 in fi20 nancial assistance from the Secretary to fund 

21 projects in the deployment community. 

22 (B) USE OF FUNDS.—Funds provided 

23 through a grant under this paragraph may be 

24 used to help implement the plan for the deployVerDate Sep 11 2014 23:05 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 ment of zero-emission vehicles included in the 

2 application, including— 

3 (i) reducing the cost and increasing 

4 the consumer adoption of zero-emission ve5 hicles through incentives as described in 

6 subsection (d)(4)(I); 

7 (ii) planning for and installing charg8 ing infrastructure or zero-emission vehicle9 refueling infrastructure, including offering 

10 additional incentives as described in sub11 section (d)(4)(I); 

12 (iii) updating building codes, zoning 

13 or parking rules, or permitting or inspec14 tion processes as described in subpara15 graphs (F), (G), and (H) of subsection 

16 (d)(4); 

17 (iv) workforce training, including 

18 training of permitting officials; 

19 (v) public education and marketing 

20 described in the proposed marketing plan; 

21 (vi) supplementing (and not sup22 planting) the number of zero-emission ve23 hicles that are purchased by State, local, 

24 and tribal governments; and 


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1 (vii) necessary utility and grid up2 grades as described in subsection 

3 (d)(4)(K). 

4 (C) COST SHARING.— 

5 (i) IN GENERAL.—A grant provided 

6 under this paragraph shall be subject to a 

7 minimum non-Federal cost-sharing re8 quirement of 20 percent. 

9 (ii) NON-FEDERAL SOURCES.—The 

10 Secretary shall— 

11 (I) determine the appropriate 

12 cost share for each selected applicant; 

13 and 

14 (II) require that not less than 20 

15 percent of the cost of an activity fund16 ed by a grant under this paragraph be 

17 provided by a non-Federal source. 

18 (iii) REDUCTION.—The Secretary may 

19 reduce or eliminate the cost-sharing re20 quirement described in clause (i), as the 

21 Secretary determines to be necessary. 

22 (iv) CALCULATION OF AMOUNT.—In 

23 calculating the amount of the non-Federal 

24 share under this section, the Secretary— 


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1 (I) may include allowable costs in 

2 accordance with the applicable cost 

3 principles, including— 

4 (aa) cash; 

5 (bb) personnel costs; 

6 (cc) the value of a service, 

7 other resource, or third party in8 kind contribution determined in 

9 accordance with the applicable 

10 circular of the Office of Manage11 ment and Budget; 

12 (dd) indirect costs or facili13 ties and administrative costs; or 

14 (ee) any funds received 

15 under the power program of the 

16 Tennessee Valley Authority or 

17 any Power Marketing Adminis18 tration (except to the extent that 

19 such funds are made available 

20 under an annual appropriations 

21 Act); 

22 (II) shall include contributions 

23 made by State, tribal, or local govern24 ment entities and private entities; and 

25 (III) shall not include— 


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1 (aa) revenues or royalties 

2 from the prospective operation of 

3 an activity beyond the time con4 sidered in the grant; 

5 (bb) proceeds from the pro6 spective sale of an asset of an ac7 tivity; or 

8 (cc) other appropriated Fed9 eral funds. 

10 (v) REPAYMENT OF FEDERAL

11 SHARE.—The Secretary shall not require 

12 repayment of the Federal share of a cost13 shared activity under this section as a con14 dition of providing a grant. 

15 (vi) TITLE TO PROPERTY.—The Sec16 retary may vest title or other property in17 terests acquired under projects funded 

18 under this Act in any entity, including the 

19 United States. 

20 (D) OTHER FEDERAL ASSISTANCE.—The 

21 Secretary shall consider the receipt of other 

22 Federal funds received by the applicant in de23 termining the cost share of the applicant. 

24 (3) SELECTION.—Not later than 120 days after 

25 an application deadline has been established under 


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1 paragraph (1), the Secretary shall announce the 

2 names of the deployment communities selected under 

3 this subsection. 

4 (f) REPORTING REQUIREMENTS.— 

5 (1) IN GENERAL.—The Secretary shall— 

6 (A) determine what data will be required 

7 to be collected by participants in deployment 

8 communities and submitted to the Department 

9 of Energy to allow for analysis of the deploy10 ment communities; 

11 (B) provide for the protection of consumer 

12 privacy, as appropriate; and 

13 (C) develop metrics to evaluate the per14 formance of the deployment communities. 

15 (2) PROVISION OF DATA.—As a condition of 

16 participation in the Program, a deployment commu17 nity shall provide any data identified by the Sec18 retary under paragraph (1). 

19 (3) REPORTS.— 

20 (A) INTERIM REPORT.—Not later than 3 

21 years after the date of enactment of this Act, 

22 the Secretary shall submit to Congress an in23 terim report that contains— 

24 (i) a description of the status of— 


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1 (I) the deployment communities 

2 and the implementation of the deploy3 ment plan of each deployment commu4 nity; 

5 (II) the rate of vehicle manufac6 turing deployment and market pene7 tration of zero-emission vehicles; and 

8 (III) the deployment of residen9 tial and publicly available infrastruc10 ture; 

11 (ii) a description of the challenges ex12 perienced and lessons learned from the 

13 Program to date, including the activities 

14 described in clause (i); and 

15 (iii) an analysis of the data collected 

16 under this subsection. 

17 (B) FINAL REPORT.—On completion of the 

18 Program, the Secretary shall submit to Con19 gress a final report that contains— 

20 (i) updates on the information de21 scribed in subparagraph (A); 

22 (ii) a description of the successes and 

23 failures of the Program; 


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1 (iii) recommendations on whether to 

2 promote further deployment of zero-emis3 sion vehicles; and 

4 (iv) if additional deployment commu5 nities are recommended, information on— 

6 (I) the number of additional de7 ployment communities that should be 

8 selected; 

9 (II) the manner in which criteria 

10 for selection should be updated; 

11 (III) the manner in which incen12 tive structures for deployment should 

13 be changed; and 

14 (IV) whether other forms of on15 board energy storage for zero-emission 

16 vehicles should be included. 

17 (g) PROPRIETARY INFORMATION.—The Secretary 

18 shall, as appropriate, provide for the protection of propri19 etary information and intellectual property rights in car20 rying out the Program. 

21 (h) FUNDING.—The Secretary shall use to carry out 

22 this section not more than $12,500,000,000 for each fiscal 

23 year from the Climate Fund. 


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1 SEC. 404. ACCELERATING THE DEPLOYMENT OF ZERO2 EMISSION VEHICLE FLEETS. 

3 (a) ESTABLISHMENT.—The Secretary shall establish 

4 a zero-emission vehicle private fleet upgrade program (re5 ferred to in this section as the ‘‘Program’’). 

6 (b) COMPETITIVE GRANTS.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 a competitive process to select zero-emission vehicle 

9 fleets for the Program to receive grants. 

10 (2) ELIGIBLE ENTITIES.—In selecting partici11 pants for the Program under paragraph (1), the 

12 Secretary shall only consider applications (including 

13 joint applications) submitted by companies that— 

14 (A) are private, nongovernmental entities; 

15 (B) are headquartered in the United 

16 States; and 

17 (C) plan to purchase, or enter into con18 tracts for hire, not fewer than 100 zero-emis19 sion vehicles. 

20 (3) SELECTION CRITERIA.—Not later than 120 

21 days after the date of enactment of this Act, the 

22 Secretary shall publish a set of selection criteria for 

23 the grant competition that includes— 

24 (A) offering the highest cost-share relative 

25 to the value of the Federal grant offered under 

26 the Program; 


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1 (B) to the maximum extent practicable, 

2 serving as a model of deployment for other pri3 vate companies across the United States; and 

4 (C) meeting other criteria considered ap5 propriate by the Secretary. 

6 (4) APPLICATIONS AND GRANTS.— 

7 (A) IN GENERAL.—Not later than 120 

8 days after the date of publication by the Sec9 retary of the selection criteria described in 

10 paragraph (3), any company that meets the eli11 gibility criteria described in paragraph (2) may 

12 apply to the Secretary to receive a grant. 

13 (B) GRANTS.— 

14 (i) IN GENERAL.—In each application, 

15 the applicant may apply for a grant of not 

16 more than $20,000,000. 

17 (ii) USE OF FUNDS.—Funds provided 

18 through a grant under this subsection may 

19 be used— 

20 (I) to purchase zero-emission ve21 hicles; 

22 (II) to plan for and install zero23 emission vehicle charging or refueling 

24 infrastructure; and 


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1 (III) to carry out other activities 

2 considered appropriate by the Sec3 retary. 

4 (iii) COST SHARING.— 

5 (I) IN GENERAL.—A grant pro6 vided under this subsection shall be 

7 subject to a minimum non-Federal 

8 cost-sharing requirement of 80 per9 cent. 

10 (II) NON-FEDERAL SOURCES.— 

11 The Secretary shall determine the ap12 propriate cost share for each selected 

13 applicant. 

14 (III) REDUCTION.—The Sec15 retary may reduce or eliminate the 

16 cost-sharing requirement described in 

17 subclause (I), as the Secretary deter18 mines to be necessary. 

19 (IV) REPAYMENT OF FEDERAL

20 SHARE.—The Secretary shall not re21 quire repayment of the Federal share 

22 of a cost-shared activity under this 

23 section as a condition of providing a 

24 grant. 


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1 (V) TITLE TO PROPERTY.—The 

2 receipt of Federal funds under this 

3 section shall not prohibit the pur4 chaser of a vehicle, equipment, or 

5 other property from retaining sole, 

6 permanent title to the vehicle, equip7 ment, or property at the conclusion of 

8 the Program. 

9 (iv) OTHER FEDERAL ASSISTANCE.— 

10 The Secretary shall consider the receipt of 

11 other Federal funds by the applicant in de12 termining the cost share of the applicant. 

13 (C) SELECTION.—Not later than 120 days 

14 after the application deadline established under 

15 subparagraph (A), the Secretary shall announce 

16 the names of the applicants selected to receive 

17 grants under this section. 

18 (5) REPORTING REQUIREMENTS.— 

19 (A) IN GENERAL.—The Secretary shall— 

20 (i) determine what data will be re21 quired to be collected by participants in 

22 the Program and submitted to the Sec23 retary to permit analysis of the Program; 

24 and 


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1 (ii) develop metrics to determine the 

2 success of the deployment communities. 

3 (B) PROVISION OF DATA.—As a condition 

4 of participation in the Program, an applicant 

5 shall provide any data determined by the Sec6 retary under subparagraph (A). 

7 (C) PROPRIETARY INFORMATION.—In car8 rying out this paragraph, the Secretary shall, as 

9 appropriate, provide for the protection of pro10 prietary information and intellectual property 

11 rights. 

12 (c) FUNDING.—The Secretary shall use to carry out 

13 this section not more than $12,500,000,000 for each fiscal 

14 year from the Climate Fund. 

15 SEC. 405. DECARBONIZING AMERICA’S HIGHWAYS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ALTERNATIVE FUEL ROUTE.—The term 

18 ‘‘alternative fuel route’’ means a highway corridor 

19 that has been designated under section 151(a) of 

20 title 23, United States Code. 

21 (2) DECARBONIZATION.—The term 

22 ‘‘decarbonization’’ means reducing and eliminating 

23 the use of fossil fuels such as coal, oil, or natural 

24 gas. 


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1 (3) NATIONAL HIGHWAY SYSTEM.—The term 

2 ‘‘National Highway System’’ has the meaning given 

3 the term in section 101 of title 23, United States 

4 Code. 

5 (4) PROGRAM.—The term ‘‘Program’’ means 

6 the national highway decarbonization program estab7 lished under subsection (b). 

8 (5) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Transportation. 

10 (b) ESTABLISHMENT.—The Secretary shall establish 

11 a national highway decarbonization program. 

12 (c) GOALS.—The goals of the Program are— 

13 (1) to accelerate the deployment of alternative 

14 fuel and charging infrastructure along the National 

15 Highway System; 

16 (2) to reduce and displace fossil fuel use and 

17 greenhouse gas emissions due to vehicles traveling 

18 on the National Highway System; and 

19 (3) to encourage the innovation and investment 

20 necessary for zero-emissions vehicles to travel long 

21 distances. 

22 (d) COMPETITIVE GRANTS.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 a competitive process to select projects that lead to 

25 the decarbonization of the National Highway System 


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1 and alternative fuel routes through research, devel2 opment, and deployment of the infrastructure and 

3 technologies necessary to support long-distance trav4 el of zero-emissions vehicles. 

5 (2) ELIGIBLE ENTITIES.—In selecting partici6 pants for the Program under paragraph (1), the 

7 Secretary shall only consider applications (including 

8 joint applications) submitted by entities that— 

9 (A) are private nongovernmental entities; 

10 and 

11 (B) are headquartered in the United 

12 States. 

13 (3) SELECTION CRITERIA.—Not later than 120 

14 days after the date of enactment of this Act, the 

15 Secretary shall publish a set of selection criteria for 

16 the grant competition that includes— 

17 (A) offering the highest cost-share relative 

18 to the value of the Federal grant offered under 

19 the Program; 

20 (B) to the maximum extent practicable, 

21 serving as a model of deployment for other pri22 vate entities across the United States; and 

23 (C) such other criteria as the Secretary de24 termines to be appropriate. 

25 (4) APPLICATIONS AND GRANTS.— 


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1 (A) IN GENERAL.—Not later than 120 

2 days after the date of publication by the Sec3 retary of the selection criteria described in 

4 paragraph (3), any eligible entity under para5 graph (2) may apply to the Secretary to receive 

6 a grant. 

7 (B) GRANTS.— 

8 (i) IN GENERAL.—In each application, 

9 the applicant may apply for a grant of not 

10 more than $50,000,000. 

11 (ii) USE OF FUNDS.—Funds provided 

12 by a grant under this subsection may be 

13 used— 

14 (I) to deploy technologies and in15 frastructure that support long-dis16 tance travel of zero-emissions vehicles, 

17 including— 

18 (aa) battery-charging sta19 tions; 

20 (bb) battery-swap facilities; 

21 (cc) hydrogen refueling sta22 tions; 

23 (dd) catenary systems; and 


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1 (ee) second-generation ad2 vanced biofuels refueling stations; 

3 and 

4 (II) to carry such other activities 

5 as the Secretary determines to be ap6 propriate. 

7 (iii) COST SHARING.— 

8 (I) IN GENERAL.—A grant pro9 vided under this subsection shall be 

10 subject to a minimum non-Federal 

11 cost-sharing requirement of 80 per12 cent. 

13 (II) NON-FEDERAL SOURCES.— 

14 The Secretary shall determine the ap15 propriate cost share for each selected 

16 applicant. 

17 (III) REDUCTION.—The Sec18 retary may reduce or eliminate the 

19 cost-sharing requirement described in 

20 subclause (I), as the Secretary deter21 mines to be necessary. 

22 (IV) REPAYMENT OF FEDERAL

23 SHARE.—The Secretary shall not re24 quire repayment of the Federal share 

25 of a cost-shared activity under this 


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1 section as a condition of providing a 

2 grant. 

3 (5) REPORTING REQUIREMENTS.— 

4 (A) IN GENERAL.—The Secretary shall— 

5 (i) determine what data will be re6 quired to be collected by participants in 

7 the Program and submitted to the Sec8 retary to permit analysis of the Program; 

9 and 

10 (ii) develop metrics to determine the 

11 success of the deployment communities. 

12 (B) PROVISION OF DATA.—As a condition 

13 of participation in the Program, an applicant 

14 shall provide any data determined by the Sec15 retary under subparagraph (A). 

16 (C) PROPRIETARY INFORMATION.—In car17 rying out this paragraph, the Secretary shall, as 

18 appropriate, provide for the protection of pro19 prietary information and intellectual property 

20 rights. 

21 (e) FUNDING.—The Secretary shall use to carry out 

22 this section not more than $2,000,000,000 for each fiscal 

23 year from the Climate Fund. 


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1 SEC. 406. ACCELERATING THE DEPLOYMENT OF ZERO2 EMISSION AVIATION, RAIL, AND MARITIME 

3 TRANSPORTATION. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COMMERCIAL AVIATION.—The term ‘‘com6 mercial aviation’’ means any aircraft operation in7 volving the transportation of passengers, cargo, or 

8 mail for hire. 

9 (2) MARITIME TRANSPORTATION.—The term 

10 ‘‘maritime transportation’’ means the shipment of 

11 goods, cargo, and people by sea and other water12 ways. 

13 (3) PROGRAM.—The term ‘‘Program’’ means 

14 the national grant program established under sub15 section (b). 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Transportation. 

18 (b) ESTABLISHMENT.—The Secretary shall establish 

19 a national grant program to promote and accelerate the 

20 elimination of fossil fuel usage for the commercial avia21 tion, maritime transportation, and rail sectors. 

22 (c) GOALS.—The goals of the Program are— 

23 (1) to accelerate the development and deploy24 ment of low carbon fuels and alternative fuel tech25 nologies for aircraft, ships, and rail; 


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1 (2) to reduce and displace fossil fuel use and 

2 greenhouse gas emissions due to the commercial 

3 aviation, maritime transportation and rail sectors; 

4 and 

5 (3) to encourage the innovation and investment 

6 necessary for reaching the purpose of this section 

7 described in subsection (d)(1) by 2050. 

8 (d) COMPETITIVE GRANTS.— 

9 (1) IN GENERAL.—The Secretary shall establish 

10 a competitive process to select projects that lead to 

11 the reduction of fossil fuels use in the commercial 

12 aviation, maritime transportation, and rail sectors. 

13 (2) ELIGIBLE ENTITIES.—In selecting partici14 pants for the Program under paragraph (1), the 

15 Secretary shall only consider an application (includ16 ing a joint application) submitted by an applicant 

17 that is— 

18 (A) a private, nongovernmental entity that 

19 is headquartered in the United States; 

20 (B) a State; 

21 (C) a group of States; 

22 (D) an Interstate Compact; 

23 (E) a public agency established by 1 or 

24 more States; or 

25 (F) an Indian tribe or tribal organization. 


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1 (3) SELECTION CRITERIA.—Not later than 120 

2 days after the date of enactment of this Act, the 

3 Secretary shall publish a set of selection criteria for 

4 the grant competition that includes— 

5 (A) offering the highest cost-share relative 

6 to the value of the Federal grant offered under 

7 the Program; 

8 (B) to the maximum extent practicable, 

9 serving as a model of research, development, 

10 and deployment for other private entities across 

11 the United States; and 

12 (C) meeting such other criteria as the Sec13 retary determines to be appropriate. 

14 (4) APPLICATIONS AND GRANTS.— 

15 (A) IN GENERAL.—Not later than 120 

16 days after the date of publication by the Sec17 retary of the selection criteria described in 

18 paragraph (3), any entity that meets the eligi19 bility criteria described in paragraph (2) may 

20 apply to the Secretary to receive a grant. 

21 (B) GRANTS.— 

22 (i) IN GENERAL.—In each application, 

23 the applicant may apply for a grant of not 

24 more than $100,000,000. 


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1 (ii) USE OF FUNDS.—Funds provided 

2 by a grant under this subsection may be 

3 used— 

4 (I) primarily to deploy zero emis5 sions and alternative fuel technologies 

6 for commercial aviation, maritime 

7 transportation, and rail including— 

8 (aa) electrification; 

9 (bb) hydrogen fuel cells; 

10 (cc) second-generation ad11 vanced biofuels; and 

12 (dd) fuel efficiency; and 

13 (II) to carry out other activities 

14 considered appropriate by the Sec15 retary. 

16 (iii) COST SHARING.— 

17 (I) IN GENERAL.—A grant pro18 vided under this subsection shall be 

19 subject to a minimum non-Federal 

20 cost-sharing requirement of 80 per21 cent. 

22 (II) NON-FEDERAL SOURCES.— 

23 The Secretary shall determine the ap24 propriate cost share for each selected 

25 applicant. 


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1 (III) REDUCTION.—The Sec2 retary may reduce or eliminate the 

3 cost-sharing requirement described in 

4 subclause (I), as the Secretary deter5 mines to be necessary. 

6 (IV) REPAYMENT OF FEDERAL

7 SHARE.—The Secretary shall not re8 quire repayment of the Federal share 

9 of a cost-shared activity under this 

10 section as a condition of providing a 

11 grant. 

12 (5) REPORTING REQUIREMENTS.— 

13 (A) IN GENERAL.—The Secretary shall— 

14 (i) determine what data will be re15 quired to be collected by participants in 

16 the Program and submitted to the Sec17 retary to permit analysis of the Program; 

18 and 

19 (ii) develop metrics to determine the 

20 success of the deployment communities. 

21 (B) PROVISION OF DATA.—As a condition 

22 of participation in the Program, an applicant 

23 shall provide any data determined by the Sec24 retary under subparagraph (A). 


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1 (C) PROPRIETARY INFORMATION.—In car2 rying out this paragraph, the Secretary shall, as 

3 appropriate, provide for the protection of pro4 prietary information and intellectual property 

5 rights. 

6 (e) FUNDING.—The Secretary shall use to carry out 

7 the Program— 

8 (1) climate fees imposed under section 402; and 

9 (2) not more than $12,000,000,000 for each 

10 fiscal year from the Climate Fund. 

11 SEC. 407. ACCELERATING THE DEPLOYMENT OF ZERO12 EMISSION RESIDENTIAL AND COMMERCIAL 

13 HEATING. 

14 (a) DEFINITIONS.—In this section: 

15 (1) FOSSIL FUEL HEATING SYSTEM.—The term 

16 ‘‘fossil fuel heating system’’ means any boiler, fur17 nace, hot water heater, or forced air system that 

18 uses coal, oil, natural gas, propane, or any other fos19 sil fuel, as determined by the Secretary. 

20 (2) PROGRAM.—The term ‘‘Program’’ means 

21 the zero-emission residential and commercial heating 

22 program established under subsection (b). 

23 (3) RETAIL ELECTRIC SUPPLIER.—The term 

24 ‘‘retail electric supplier’’ means an entity that sold 

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1 ergy to electric consumers for purposes other than 

2 resale during the preceding calendar year. 

3 (4) RETAIL NATURAL GAS SUPPLIER.—The 

4 term ‘‘retail natural gas supplier’’ means an entity 

5 that sold not less than 100,000 cubic feet of natural 

6 gas to natural gas customers for purposes other 

7 than resale during the preceding calendar year. 

8 (b) ESTABLISHMENT.—The Secretary shall establish 

9 a zero-emission residential and commercial heating pro10 gram. 

11 (c) COMPETITIVE GRANTS.— 

12 (1) IN GENERAL.—The Secretary shall establish 

13 a competitive process for the Program to make 

14 grants. 

15 (2) ELIGIBLE ENTITIES.—In selecting partici16 pants for the Program, the Secretary shall only con17 sider applications (including joint applications) sub18 mitted by— 

19 (A) retail electric suppliers; 

20 (B) retail natural gas suppliers; 

21 (C) States; and 

22 (D) Indian tribes. 

23 (3) SELECTION CRITERIA.— 

24 (A) IN GENERAL.—Not later than 120 

25 days after the date of enactment of this Act, 


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1 and not later than 90 days after the date on 

2 which any subsequent amounts are made avail3 able for the Program, the Secretary shall pub4 lish criteria for the selection of applicants, in5 cluding criteria prioritizing applications— 

6 (i) with the highest non-Federal cost 

7 share relative to the value of the Federal 

8 grant offered under the Program; 

9 (ii) that deliver the most rapid reduc10 tions in emissions due to fossil fuel heating 

11 energy; and 

12 (iii) that meet other criteria consid13 ered appropriate by the Secretary. 

14 (B) APPLICATION REQUIREMENTS.—The 

15 applications submitted by eligible entities under 

16 paragraph (2) shall describe how selection cri17 teria under subparagraph (A) are met, includ18 ing a description of— 

19 (i) the non-Federal cost-share; and 

20 (ii) the manner in which the applicant 

21 will measure and verify the planned energy 

22 savings. 

23 (4) APPLICATIONS AND GRANTS.— 

24 (A) IN GENERAL.—Not later than 120 

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1 retary of the selection criteria described in 

2 paragraph (3), any entity that meets the eligi3 bility criteria described in paragraph (2) may 

4 apply to the Secretary to receive a grant. 

5 (B) GRANTS.— 

6 (i) IN GENERAL.—In each application, 

7 the applicant may apply for a grant of not 

8 more than $20,000,000. 

9 (ii) USE OF FUNDS.—Funds provided 

10 by a grant under this subsection may be 

11 used— 

12 (I) to replace any fossil fuel heat13 ing system with a zero-emission heat14 ing system; 

15 (II) to provide incentives to own16 ers to replace any fossil fuel heating 

17 system with a zero-emission heating 

18 system; 

19 (III) to reduce emissions in an 

20 existing natural gas distribution sys21 tem; and 

22 (IV) to replace any fossil fuel 

23 heating system with a heating system 

24 that is at least 50 percent more en25 ergy efficient. 


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1 (iii) COST SHARING.— 

2 (I) IN GENERAL.—A grant pro3 vided under this subsection to a pri4 vate, for-profit entity shall be subject 

5 to a minimum non-Federal cost-shar6 ing requirement of 50 percent. 

7 (II) NON-FEDERAL SOURCES.— 

8 The Secretary shall determine the ap9 propriate cost share for each selected 

10 applicant. 

11 (III) REDUCTION.—The Sec12 retary may reduce or eliminate the 

13 cost-sharing requirement described in 

14 subclause (I), as the Secretary deter15 mines to be necessary. 

16 (IV) REPAYMENT OF FEDERAL

17 SHARE.—The Secretary shall not re18 quire repayment of the Federal share 

19 of a cost-shared activity under this 

20 section as a condition of providing a 

21 grant. 

22 (iv) OTHER FEDERAL ASSISTANCE.— 

23 The Secretary shall consider the receipt of 

24 other Federal funds by the applicant in de25 termining the cost share of the applicant. 


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1 (C) SELECTION.—Not later than 120 days 

2 after the application deadline established under 

3 subparagraph (A), the Secretary shall announce 

4 the applicants selected to receive grants under 

5 this section. 

6 (5) REPORTING REQUIREMENTS.— 

7 (A) IN GENERAL.—The Secretary shall de8 termine what data will be required to be col9 lected by participants in the Program and sub10 mitted to the Secretary to permit analysis of 

11 the Program. 

12 (B) PROVISION OF DATA.—As a condition 

13 of participation in the Program, an applicant 

14 shall provide any data determined by the Sec15 retary under subparagraph (A). 

16 (C) PROPRIETARY INFORMATION.—In car17 rying out this paragraph, the Secretary shall, as 

18 appropriate, provide for the protection of pro19 prietary information and intellectual property 

20 rights. 

21 (6) ADDITIONAL AUTHORITIES.—To ensure the 

22 transition to 100 percent clean and renewable en23 ergy by 2050, starting in 2035, the Secretary, in 

24 consultation with the Council, shall have the author25 ity to set standards for residential and commercial 


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1 heating systems that eliminate fossil fuel emissions 

2 by 2050. 

3 (d) FUNDING.—The Secretary shall use to carry out 

4 this section not more than $10,000,000,000 for each fiscal 

5 year from the Climate Fund. 

6 Subtitle B—Helping Americans 

7 Move Beyond Oil 

8 SEC. 411. PERMANENT EXTENSION, INCREASE, AND 

9 REFUNDABILITY OF CREDIT FOR QUALIFIED 

10 NEW PLUG IN ELECTRIC DRIVE MOTOR VEHI11 CLES. 

12 (a) REPEAL OF PHASEOUT.—Section 30D of the In13 ternal Revenue Code of 1986 is amended by striking sub14 section (e). 

15 (b) EXTENSION FOR 2-WHEELED VEHICLES.—Sub16 paragraph (E) of section 30D(g)(3) of the Internal Rev17 enue Code of 1986 is amended to read as follows: 

18 ‘‘(E) is acquired— 

19 ‘‘(i) in the case of a vehicle that has 

20 2 wheels, after December 31, 2014, and 

21 ‘‘(ii) in the case of a vehicle that has 

22 3 wheels, after December 31, 2017.’’. 

23 (c) INCREASE IN DOLLAR LIMITATION FOR BATTERY

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1 nal Revenue Code of 1986 is amended by striking 

2 ‘‘$5,000’’ and inserting ‘‘$7,500’’. 

3 (d) PERSONAL CREDIT MADE REFUNDABLE.— 

4 (1) IN GENERAL.—Section 30D(c)(2) of the In5 ternal Revenue Code of 1986 is amended by striking 

6 ‘‘subpart A’’ and inserting ‘‘subpart C’’. 

7 (2) TECHNICAL AMENDMENT.—Paragraph (2) 

8 of section 1324(b) of title 31, United States Code, 

9 as amended by this Act, is amended by inserting 

10 ‘‘30D(c)(2),’’ after ‘‘36D,’’. 

11 (e) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to vehicles acquired after Decem13 ber 31, 2016. 

14 SEC. 412. PERMANENT EXTENSION OF CREDIT FOR HYBRID 

15 MEDIUM- AND HEAVY-DUTY TRUCKS. 

16 (a) IN GENERAL.—Section 30B(k) of the Internal 

17 Revenue Code of 1986 is amended— 

18 (1) by striking ‘‘after’’ in the matter before 

19 paragraph (1), 

20 (2) by inserting ‘‘after’’ before ‘‘December’’ 

21 each place it appears, and 

22 (3) in paragraph (3), by inserting ‘‘and before 

23 the date of the enactment of the Energy Policy Mod24 ernization Act of 2017’’ after ‘‘December 31, 

25 2009,’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to property purchased after the 

3 date of the enactment of this Act. 

4 SEC. 413. EXTENSION OF SECOND GENERATION BIOFUEL 

5 PRODUCER CREDIT. 

6 (a) IN GENERAL.—Clause (i) of section 40(b)(6)(J) 

7 of the Internal Revenue Code of 1986 is amended by strik8 ing ‘‘January 1, 2017’’ and inserting ‘‘January 1, 2025’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this subsection shall apply to qualified second generation 

11 biofuel production after December 31, 2016. 

12 SEC. 414. EXTENSION OF SPECIAL ALLOWANCE FOR SEC13 OND GENERATION BIOFUEL PLANT PROP14 ERTY. 

15 (a) IN GENERAL.—Subparagraph (D) of section 

16 168(l)(2) of the Internal Revenue Code of 1986 is amend17 ed to read as follows: 

18 ‘‘(D) the construction of which begins be19 fore January 1, 2025.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall apply to property placed in service after 

22 December 31, 2016. 


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1 SEC. 415. EXTENSION AND MODIFICATION OF THE ALTER2 NATIVE FUEL VEHICLE REFUELING PROP3 ERTY CREDIT. 

4 (a) IN GENERAL.—Section 30C of the Internal Rev5 enue Code of 1986 is amended— 

6 (1) by amending subsection (c) to read as fol7 lows: 

8 ‘‘(c) QUALIFIED ALTERNATIVE FUEL VEHICLE RE9 FUELING PROPERTY.—For purposes of this section, the 

10 term ‘qualified alternative fuel vehicle refueling property’ 

11 means any of the following: 

12 ‘‘(1) A pump or blender pump that is capable 

13 of dispensing a fuel mixture that is at least 50 per14 cent ethanol. 

15 ‘‘(2) A pump or blender pump that is capable 

16 of dispensing a fuel mixture that is at least 50 per17 cent biodiesel or renewable diesel. 

18 ‘‘(3) A pump that is capable of dispensing a 

19 biofuel and petroleum blend, at least 50 percent of 

20 which is a renewable fuel (as defined in section 

21 211(o)(1) of the Clean Air Act (42 U.S.C. 

22 7545(o)(1))). 

23 ‘‘(4) A direct current electric charging station 

24 with a power rating of at least 40 kilowatts. 

25 ‘‘(5) An alternating current electric charging 

26 station with a voltage rating between 208 volts and 


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1 240 volts and a power rating between 2.5 kilowatts 

2 and 20 kilowatts. 

3 ‘‘(6) Hydrogen fuel-cell refilling infrastructure. 

4 ‘‘(7) Any other infrastructure that the Adminis5 trator may prescribe by regulation that is capable of 

6 dispensing a fuel that is not less than a 50-percent 

7 mixture of a renewable fuel (as defined in section 

8 211(o)(1) of the Clean Air Act (42 U.S.C. 

9 7545(o)(1))).’’, 

10 (2) in subsection (e)— 

11 (A) by striking paragraphs (5) through 

12 (7), and 

13 (B) by inserting after paragraph (4) the 

14 following new paragraph: 

15 ‘‘(5) RECAPTURE RULES.—The Secretary shall, 

16 by regulations, provide for recapturing the benefit of 

17 any credit allowable under subsection (a) with re18 spect to any property which ceases to be property el19 igible for such credit.’’, and 

20 (3) by amending subsection (g) to read as fol21 lows: 

22 ‘‘(g) TERMINATION.—This section shall not apply to 

23 any property placed in service after December 31, 2024.’’. 


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1 (4) EFFECTIVE DATE.—The amendments made 

2 by this section shall apply to property placed in serv3 ice after December 31, 2016. 

4 TITLE V—ENDING NEW FOSSIL 

5 FUEL INVESTMENTS 

6 Subtitle A—Ending New Fossil 

7 Fuel Investments 

8 SEC. 501. MORATORIUM ON NEW MAJOR FOSSIL FUEL 

9 PROJECTS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) FOSSIL FUEL ENERGY.—The term ‘‘fossil 

12 fuel energy’’ means electric energy generated, in 

13 whole or in part, by a fossil fuel resource. 

14 (2) FOSSIL FUEL RESOURCE.— 

15 (A) IN GENERAL.—The term ‘‘fossil fuel 

16 resource’’ means all forms of coal, oil, and gas. 

17 (B) INCLUSIONS.—The term ‘‘fossil fuel 

18 resource’’ includes— 

19 (i) bitumen from oil sands; 

20 (ii) kerogen from oil shale; 

21 (iii) liquids manufactured from coal; 

22 (iv) coal bed methane; 

23 (v) methane hydrates; 

24 (vi) light oil derived from shale or 

25 other formations; 


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1 (vii) natural gas liquids; and 

2 (viii) all conventionally and unconven3 tionally produced hydrocarbons. 

4 (3) GATHERING LINE.—The term ‘‘gathering 

5 line’’ has the meaning given the term in section 

6 195.2 of title 49, Code of Federal Regulations (as 

7 in effect on the date of enactment of this Act). 

8 (4) INTERSTATE PIPELINE.—The term ‘‘inter9 state pipeline’’ has the meaning given the term in 

10 section 195.2 of title 49, Code of Federal Regula11 tions (as in effect on the date of enactment of this 

12 Act). 

13 (b) MORATORIUM.—Subject to subsection (e), begin14 ning on January 1, 2021, there shall be a moratorium on 

15 Federal permit approval for— 

16 (1) any new electric generating facility that 

17 generates fossil fuel energy through the combustion 

18 of any fossil fuel resource; 

19 (2) any new gathering line or interstate pipeline 

20 for the transport of any fossil fuel resource that— 

21 (A) crosses Federal land or navigable 

22 water; or 

23 (B) requires the use of eminent domain on 

24 private property; 


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1 (3) any maintenance activity relating to an ex2 isting gathering line or interstate pipeline for the 

3 transport of a fossil fuel resource that expands the 

4 carrying capacity of the gathering line or interstate 

5 pipeline by more than 5 percent; 

6 (4) any new import or export terminal for fossil 

7 fuel resources; 

8 (5) any maintenance activity relating to an ex9 isting import or export terminal for a fossil fuel re10 source that expands the import or export capacity 

11 for a fossil fuel resource; and 

12 (6) any new refinery of a fossil fuel resource. 

13 (c) ENFORCEMENT.—The Administrator may seek an 

14 injunction on the construction of any facility described in 

15 subsection (b) that begins on or after January 1, 2021. 

16 (d) FEDERAL PERMITS.—The Administrator, in co17 ordination with the head of the applicable Federal agency, 

18 shall deny any application submitted to the head of that 

19 Federal agency on or after January 1, 2021, for a permit 

20 for any facility described in subsection (b). 

21 (e) EXEMPTION.—During the period beginning on 

22 January 1, 2021, and ending on December 31, 2029, any 

23 entity seeking to construct a new electric generating facil24 ity that generates fossil fuel energy through the combus25 tion of natural gas may submit to the Administrator an 


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1 application for a waiver of the moratorium under this sec2 tion, including a demonstration by the entity that— 

3 (1) the electricity will primarily be used to bal4 ance nonfossil fuel resources; and 

5 (2) nonfossil fuel resources will not be available 

6 to maintain reliability while achieving compliance 

7 with the applicable requirements of section 220 of 

8 the Clean Air Act (42 U.S.C. 7401 et seq.) (as 

9 added by section 401(a)). 

10 (f) TRIBAL CONSULTATION.— 

11 (1) IN GENERAL.—If an application for routing 

12 or siting approval, or permit or right-of-way was 

13 granted, approved, or issued on or after February 8, 

14 2017, for any facility described in subsection (b) 

15 without the consultation required under Executive 

16 Order 13175 (25 U.S.C. 5301 note; relating to trib17 al consultation), or without the informed and ex18 press consent of the applicable Indian tribe, the Ad19 ministrator or appropriate agency head shall order 

20 an immediate suspension of any preconstruction, 

21 construction, or any other activity within, on, under, 

22 or through the approved route or right-of-way or 

23 permitted area. 

24 (2) DURATION.—The suspension described in 

25 paragraph (1) shall remain in full force and effect 


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1 until conclusion of the appropriate administrative 

2 proceeding. 

3 (g) EMINENT DOMAIN.—Any application, permit, or 

4 right-of-way granted or issued for any facility described 

5 in subsection (b) that, on or after February 8, 2017, trig6 gers the use of eminent domain shall be null and void. 

7 SEC. 502. ENDING FOSSIL FUEL SUBSIDIES. 

8 (a) FOSSIL FUEL.—In this section, the term ‘‘fossil 

9 fuel’’ means coal, petroleum, natural gas, or any derivative 

10 of coal, petroleum, or natural gas that is used for fuel. 

11 (b) ROYALTY RELIEF.— 

12 (1) OUTER CONTINENTAL SHELF LANDS ACT.— 

13 Section 8(a)(3) of the Outer Continental Shelf 

14 Lands Act (43 U.S.C. 1337(a)(3)) is amended— 

15 (A) by striking subparagraph (B); and 

16 (B) by redesignating subparagraph (C) as 

17 subparagraph (B). 

18 (2) ENERGY POLICY ACT OF 2005.— 

19 (A) INCENTIVES FOR NATURAL GAS PRO20 DUCTION FROM DEEP WELLS IN THE SHALLOW

21 WATERS OF THE GULF OF MEXICO.—Section 

22 344 of the Energy Policy Act of 2005 (42 

23 U.S.C. 15904) is repealed. 


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1 (B) DEEP WATER PRODUCTION.—Section 

2 345 of the Energy Policy Act of 2005 (42 

3 U.S.C. 15905) is repealed. 

4 (3) FUTURE PROVISIONS.—Notwithstanding 

5 any other provision of law (including regulations), 

6 royalty relief shall not be permitted under a lease 

7 issued under section 8 of the Outer Continental 

8 Shelf Lands Act (43 U.S.C. 1337). 

9 (c) ROYALTIES UNDER MINERAL LEASING ACT.— 

10 (1) COAL LEASES.—Section 7(a) of the Mineral 

11 Leasing Act (30 U.S.C. 207(a)) is amended in the 

fourth sentence by striking ‘‘121 12 ⁄2 per centum’’ and 

inserting ‘‘183 13 ⁄4 percent’’. 

14 (2) LEASES ON LAND ON WHICH OIL OR NAT15 URAL GAS IS DISCOVERED.—Section 14 of the Min16 eral Leasing Act (30 U.S.C. 223) is amended in the 

fourth sentence by striking ‘‘121 17 ⁄2 per centum’’ and 

inserting ‘‘183 18 ⁄4 percent’’. 

19 (3) LEASES ON LAND KNOWN OR BELIEVED TO

20 CONTAIN OIL OR NATURAL GAS.—Section 17 of the 

21 Mineral Leasing Act (30 U.S.C. 226) is amended— 

22 (A) in subsection (b)— 

23 (i) in paragraph (1)(A), in the fifth 

24 sentence, by striking ‘‘12.5 percent’’ and 

inserting ‘‘183 25 ⁄4 percent’’; and 


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1 (ii) in paragraph (2)(A)(ii), by striking ‘‘121 2 ⁄2 per centum’’ and inserting 

‘‘183 3 ⁄4 percent’’; 

4 (B) in subsection (c)(1), in the second sen5 tence, by striking ‘‘12.5 percent’’ and inserting 

‘‘183 6 ⁄4 percent’’; 

(C) in subsection (l), by striking ‘‘121 7 ⁄2 per 

8 centum’’ each place it appears and inserting 

‘‘183 9 ⁄4 percent’’; and 

10 (D) in subsection (n)(1)(C), by striking 

‘‘121⁄2 per centum’’ and inserting ‘‘183 11 ⁄4 per12 cent’’. 

13 (d) ELIMINATION OF INTEREST PAYMENTS FOR ROY14 ALTY OVERPAYMENTS.—Section 111 of the Federal Oil 

15 and Gas Royalty Management Act of 1982 (30 U.S.C. 

16 1721) is amended by adding at the end the following: 

17 ‘‘(k) PAYMENT OF INTEREST.—Interest shall not be 

18 paid on any overpayment.’’. 

19 (e) OFFSHORE FACILITATES AND PIPELINE OPERA20 TORS.—Section 1004(a) of the Oil Pollution Act of 1990 

21 (33 U.S.C. 2704(a)) is amended— 

22 (1) in paragraph (3), by striking ‘‘plus 

23 $75,000,000; and’’ and inserting ‘‘and the liability 

24 of the responsible party under section 1002;’’; 

25 (2) in paragraph (4)— 


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1 (A) by inserting ‘‘(except an onshore pipe2 line transporting diluted bitumen, bituminous 

3 mixtures, or any oil manufactured from bitu4 men)’’ after ‘‘for any onshore facility’’; and 

5 (B) by striking the period at the end and 

6 inserting ‘‘; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(5) for any onshore facility transporting di9 luted bitumen, bituminous mixtures, or any oil man10 ufactured from bitumen, the liability of the respon11 sible party under section 1002.’’. 

12 (f) LIMITATION ON INTERNATIONAL FINANCIAL IN13 STITUTION FUNDING OF FOSSIL FUEL PROJECTS.— 

14 (1) RESCISSION OF FUNDS.—Except as pro15 vided in paragraph (3), effective on the date of en16 actment of this Act, there are rescinded all unobli17 gated balances of amounts made available by the 

18 United States— 

19 (A) to the International Bank for Recon20 struction and Development and the Inter21 national Development Association (collectively 

22 known as the ‘‘World Bank’’) or any other 

23 international financial institution (as defined in 

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S 987 IS1S 

1 cial Institutions Act (22 U.S.C. 262r(c)(2))); 

2 and 

3 (B) to carry out any project that supports 

4 the construction of new fossil-fueled power 

5 plants. 

6 (2) LIMITATION ON USE OF FUTURE FUNDS.— 

7 Except as provided in paragraph (3), and notwith8 standing any other provision of law, any amounts 

9 made available by the United States to the World 

10 Bank or any other international financial institution 

11 on or after the date of enactment of this Act may 

12 not be used to carry out any project that facilitates 

13 additional consumption or production of fossil-fuel 

14 based energy. 

15 (3) EXCEPTION.—Paragraphs (1) and (2) shall 

16 not apply to a fossil-fueled power plant project lo17 cated in a least developed country (as that term is 

18 defined by the United Nations) if— 

19 (A) no other economically feasible alter20 native exists; and 

21 (B) the project uses the most efficient 

22 technology available. 

23 (g) INCENTIVES FOR INNOVATIVE TECHNOLOGIES.— 

24 (1) IN GENERAL.—Section 1703 of the Energy 

25 Policy Act of 2005 (42 U.S.C. 16513) is amended— 


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1 (A) in subsection (b)— 

2 (i) by striking paragraph (2); 

3 (ii) by redesignating paragraphs (3) 

4 through (9) as paragraphs (2) through (8), 

5 respectively; and 

6 (iii) by striking paragraph (10); 

7 (B) by striking subsection (c); and 

8 (C) by redesignating subsections (d) and 

9 (e) as subsections (c) and (d), respectively. 

10 (2) CONFORMING AMENDMENT.—Section 1704 

11 of the Energy Policy Act of 2005 (42 U.S.C. 16514) 

12 is amended— 

13 (A) by striking the section designation and 

14 heading and all that follows through ‘‘There 

15 are’’ in subsection (a) and inserting the fol16 lowing: 

17 ‘‘SEC. 1704. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘There are’’; and 

19 (B) by striking subsection (b). 

20 (h) RURAL UTILITY SERVICE LOAN GUARANTEES.— 

21 Notwithstanding any other provision of law, the Secretary 

22 of Agriculture may not make a loan under title III of the 

23 Rural Electrification Act of 1936 (7 U.S.C. 931 et seq.) 

24 to an applicant for the purpose of carrying out any project 

25 that will use fossil fuel. 


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1 (i) LIMITATION ON FUNDS TO THE OVERSEAS PRI2 VATE INVESTMENT CORPORATION OR THE EXPORT-IM3 PORT BANK OF THE UNITED STATES FOR FINANCING

4 PROJECTS, TRANSACTIONS, OR OTHER ACTIVITIES THAT

5 SUPPORT FOSSIL FUEL.— 

6 (1) RESCISSION OF FUNDS.—Except as pro7 vided in paragraph (3), effective on the date of en8 actment of this Act, there are rescinded all unobli9 gated balances of amounts made available to the 

10 Overseas Private Investment Corporation or the Ex11 port-Import Bank of the United States to carry out 

12 any project, transaction, or other activity that sup13 ports the production or use of fossil fuels. 

14 (2) LIMITATION ON USE OF FUTURE FUNDS.— 

15 Except as provided in paragraph (3), and notwith16 standing any other provision of law, any amounts 

17 made available to the Overseas Private Investment 

18 Corporation or the Export-Import Bank of the 

19 United States on or after the date of enactment of 

20 this Act may not be used to carry out any project, 

21 transaction, or other activity that facilitates addi22 tional consumption or production of fossil-fuel based 

23 energy. 

24 (3) EXCEPTION.—Paragraphs (1) and (2) shall 

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1 cated in a least developed country (as that term is 

2 defined by the United Nations) if— 

3 (A) no other economically feasible alter4 native exists; and 

5 (B) the project uses the most efficient 

6 technology available. 

7 (j) TRANSPORTATION FUNDS FOR GRANTS, LOANS, 

8 LOAN GUARANTEES, AND OTHER DIRECT ASSISTANCE.— 

9 Notwithstanding any other provision of law, any amounts 

10 made available to the Department of Transportation may 

11 not be used to award any grant, loan, loan guarantee, or 

12 provide any other direct assistance to any rail or port 

13 project that transports fossil fuel. 

14 (k) POWDER RIVER BASIN.— 

15 (1) DESIGNATION OF THE POWDER RIVER

16 BASIN AS A COAL PRODUCING REGION.—Not later 

17 than 90 days after the date of enactment of this 

18 Act, the Director of the Bureau of Land Manage19 ment shall designate the Powder River Basin as a 

20 coal producing region. 

21 (2) REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Director of the 

23 Bureau of Land Management shall submit to Con24 gress a report that includes— 


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1 (A) a study of the fair market value and 

2 the amount of royalties paid on coal leases in 

3 the Powder River Basin compared to other na4 tional and international coal markets; and 

5 (B) any policy recommendations to capture 

6 the future market value of the coal leases in the 

7 Powder River Basin. 

8 (l) REPORTS.— 

9 (1) DEFINITION OF FOSSIL FUEL PRODUCTION

10 SUBSIDY.—In this subsection, the term ‘‘subsidy for 

11 fossil fuel production’’ means any direct funding, tax 

12 treatment or incentive, risk-reduction benefit, financ13 ing assistance or guarantee, royalty relief, or other 

14 provision that provides a financial benefit to a fossil 

15 fuel company for the production of fossil fuels. 

16 (2) REPORT TO CONGRESS.—Not later than 1 

17 year after the date of enactment of this Act, the 

18 Secretary of the Treasury, in coordination with the 

19 Secretary, shall submit to Congress a report detail20 ing each Federal law (including regulations), other 

21 than those amended by this Act, as in effect on the 

22 date on which the report is submitted, that includes 

23 a subsidy for fossil-fuel production. 

24 (3) REPORT ON MODIFIED RECOVERY PE25 RIOD.— 


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1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the Sec3 retary, in coordination with the Commissioner 

4 of Internal Revenue, shall submit to Congress a 

5 report on the applicable recovery period under 

6 the accelerated cost recovery system provided in 

7 section 168 of the Internal Revenue Code of 

8 1986 for each type of property involved in fossil 

9 fuel production, including pipelines, power gen10 eration property, refineries, and drilling equip11 ment, to determine if any assets are receiving 

12 a subsidy for fossil fuel production. 

13 (B) ELIMINATION OF SUBSIDY.—In the 

14 case of any type of property that the Commis15 sioner of Internal Revenue determines is receiv16 ing a subsidy for fossil fuel production under 

17 such section 168, for property placed in service 

18 in taxable years beginning after the date of 

19 such determination, such section 168 shall not 

20 apply. The preceding sentence shall not apply to 

21 any property with respect to a taxable year un22 less such determination is published before the 

23 first day of such taxable year. 


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1 Subtitle B—Ending Fossil Fuel 

2 Subsidies 

3 SEC. 511. TERMINATION OF VARIOUS TAX EXPENDITURES 

4 RELATING TO FOSSIL FUELS. 

5 (a) IN GENERAL.—Subchapter C of chapter 80 of the 

6 Internal Revenue Code of 1986 is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 7875. TERMINATION OF CERTAIN PROVISIONS RELAT9 ING TO FOSSIL-FUEL INCENTIVES. 

10 ‘‘(a) IN GENERAL.—The following provisions shall 

11 not apply to taxable years beginning after the date of the 

12 enactment of this section: 

13 ‘‘(1) Section 43 (relating to enhanced oil recov14 ery credit). 

15 ‘‘(2) Section 45I (relating to credit for pro16 ducing oil and natural gas from marginal wells). 

17 ‘‘(3) Section 45K (relating to credit for pro18 ducing fuel from a nonconventional source). 

19 ‘‘(4) Section 193 (relating to tertiary 

20 injectants). 

21 ‘‘(5) Section 199(d)(9) (relating to special rule 

22 for taxpayers with oil related qualified production 

23 activities income). 

24 ‘‘(6) Section 461(i)(2) (relating to special rule 

25 for spudding of oil or natural gas wells). 


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1 ‘‘(7) Section 469(c)(3) (relating to working in2 terests in oil and natural gas property). 

3 ‘‘(8) Section 613A (relating to limitations on 

4 percentage depletion in case of oil and natural gas 

5 wells). 

6 ‘‘(9) Section 617 (relating to deduction and re7 capture of certain mining exploration expenditures). 

8 ‘‘(b) PROVISIONS RELATING TO PROPERTY.—The 

9 following provisions shall not apply to property placed in 

10 service after the date of the enactment of this section: 

11 ‘‘(1) Subparagraph (C)(iii) of section 168(e)(3) 

12 (relating to classification of certain property). 

13 ‘‘(2) Section 169 (relating to amortization of 

14 pollution control facilities) with respect to any at15 mospheric pollution control facility. 

16 ‘‘(c) PROVISIONS RELATING TO COSTS AND EX17 PENSES.—The following provisions shall not apply to costs 

18 or expenses paid or incurred after the date of the enact19 ment of this section: 

20 ‘‘(1) Section 179B (relating to deduction for 

21 capital costs incurred in complying with Environ22 mental Protection Agency sulfur regulations). 

23 ‘‘(2) Section 263(c) (relating to intangible drill24 ing and development costs) with respect to costs in 

25 the case of oil and natural gas wells. 


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1 ‘‘(3) Section 468 (relating to special rules for 

2 mining and solid waste reclamation and closing 

3 costs). 

4 ‘‘(d) 5-YEAR CARRYBACK FOR MARGINAL OIL AND

5 NATURAL GAS WELL PRODUCTION CREDIT.—Section 

6 39(a)(3) (relating to 5-year carryback for marginal oil and 

7 natural gas well production credit) shall not apply to cred8 its determined in taxable years beginning after the date 

9 of the enactment of the this section. 

10 ‘‘(e) CREDIT FOR CARBON DIOXIDE SEQUESTRA11 TION.—Section 45Q (relating to credit for carbon dioxide 

12 sequestration) shall not apply to carbon dioxide captured 

13 after the date of the enactment of this section. 

14 ‘‘(f) ALLOCATED CREDITS.—No new credits shall be 

15 certified under section 48A (relating to qualifying ad16 vanced coal project credit) or section 48B (relating to 

17 qualifying gasification project credit) after the date of the 

18 enactment of this section. 

19 ‘‘(g) ARBITRAGE BONDS.—Section 148(b)(4) (relat20 ing to safe harbor for prepaid natural gas) shall not apply 

21 to obligations issued after the date of the enactment of 

22 this section.’’. 

23 (b) CONFORMING AMENDMENT.—The table of sec24 tions for subchapter C of chapter 90 is amended by adding 

25 at the end the following new item: 

‘‘Sec. 7875. Termination of certain provisions.’’. 


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1 SEC. 512. UNIFORM 7-YEAR AMORTIZATION FOR GEOLOGI2 CAL AND GEOPHYSICAL EXPENDITURES. 

3 (a) IN GENERAL.—Section 167(h) of the Internal 

4 Revenue Code of 1986 is amended— 

5 (1) by striking ‘‘24-month period’’ each place it 

6 appears in paragraphs (1) and (4) and inserting ‘‘7- 

7 year period’’, and 

8 (2) by striking paragraph (5). 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to amounts paid or incurred after 

11 the date of the enactment of this Act. 

12 SEC. 513. NATURAL GAS GATHERING LINES TREATED AS 15- 

13 YEAR PROPERTY. 

14 (a) IN GENERAL.—Subparagraph (E) of section 

15 168(e)(3) of the Internal Revenue Code of 1986 is amend16 ed by striking ‘‘and’’ at the end of clause (viii), by striking 

17 the period at the end of clause (ix) and inserting ‘‘, and’’, 

18 and by adding at the end the following new clause: 

19 ‘‘(x) any natural gas gathering line 

20 the original use of which commences with 

21 the taxpayer after the date of the enact22 ment of this clause.’’. 

23 (b) ALTERNATIVE SYSTEM.—The table contained in 

24 section 168(g)(3)(B) of the Internal Revenue Code of 


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S 987 IS1S 

1 1986 is amended by inserting after the item relating to 

2 subparagraph (E)(ix) the following new item: 

‘‘(E)(x) .................................................................................................... 22’’. 

3 (c) CONFORMING AMENDMENT.—Clause (iv) of sec4 tion 168(e)(3)(C) of the Internal Revenue Code of 1986 

5 is amended by inserting ‘‘and on or before the date of the 

6 enactment of subparagraph (E)(x)’’ after ‘‘April 11, 

7 2005’’. 

8 (d) EFFECTIVE DATE.— 

9 (1) IN GENERAL.—The amendments made by 

10 this section shall apply to property placed in service 

11 on and after the date of the enactment of this Act. 

12 (2) EXCEPTION.—The amendments made by 

13 this section shall not apply to any property with re14 spect to which the taxpayer or a related party has 

15 entered into a binding contract for the construction 

16 thereof on or before the date of the enactment of 

17 this Act, or, in the case of self-constructed property, 

18 has started construction on or before such date. 

19 SEC. 514. REPEAL OF DOMESTIC MANUFACTURING DEDUC20 TION FOR HARD MINERAL MINING. 

21 (a) IN GENERAL.—Subparagraph (B) of section 

22 199(c)(4) of the Internal Revenue Code of 1986 is amend23 ed by striking ‘‘or’’ at the end of clause (ii), by striking 

24 the period at the end of clause (iii) and inserting ‘‘, or’’, 

25 and by adding at the end the following new clause: 


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1 ‘‘(iv) the mining of any hard min2 eral.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to taxable years beginning after 

5 the date of the enactment of this Act. 

6 SEC. 515. LIMITATION ON DEDUCTION FOR INCOME AT7 TRIBUTABLE TO DOMESTIC PRODUCTION OF 

8 OIL, NATURAL GAS, OR PRIMARY PRODUCTS 

9 THEREOF. 

10 (a) DENIAL OF DEDUCTION.—Paragraph (4) of sec11 tion 199(c) of the Internal Revenue Code of 1986 is 

12 amended by adding at the end the following new subpara13 graph: 

14 ‘‘(E) SPECIAL RULE FOR OIL, NATURAL

15 GAS, AND COAL INCOME.—The term ‘domestic 

16 production gross receipts’ shall not include 

17 gross receipts from the production, refining, 

18 processing, transportation, or distribution of oil, 

19 natural gas, or coal, or any primary product 

20 (within the meaning of subsection (d)(9)) there21 of.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 this section shall apply to taxable years beginning after 

24 the date of the enactment of this Act. 


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1 SEC. 516. TERMINATION OF LAST-IN, FIRST-OUT METHOD 

2 OF INVENTORY FOR OIL, NATURAL GAS, AND 

3 COAL COMPANIES. 

4 (a) IN GENERAL.—Section 472 of the Internal Rev5 enue Code of 1986 is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(h) TERMINATION FOR OIL, NATURAL GAS, AND

8 COAL COMPANIES.—Subsection (a) shall not apply to any 

9 taxpayer that is in the trade or business of the production, 

10 refining, processing, transportation, or distribution of oil, 

11 natural gas, or coal for any taxable year beginning after 

12 the date of enactment of this subsection.’’. 

13 (b) ADDITIONAL TERMINATION.—Section 473 of the 

14 Internal Revenue Code of 1986 is amended by adding at 

15 the end the following new subsection: 

16 ‘‘(h) TERMINATION FOR OIL, NATURAL GAS, AND

17 COAL COMPANIES.—This section shall not apply to any 

18 taxpayer that is in the trade or business of the production, 

19 refining, processing, transportation, or distribution of oil, 

20 natural gas, or coal for any taxable year beginning after 

21 the date of enactment of this subsection.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to taxable years beginning after 

24 the date of enactment of this Act. 


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1 SEC. 517. REPEAL OF PERCENTAGE DEPLETION FOR COAL 

2 AND HARD MINERAL FOSSIL FUELS. 

3 (a) IN GENERAL.—Section 613 of the Internal Rev4 enue Code of 1986 is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(f) TERMINATION WITH RESPECT TO COAL AND

7 HARD MINERAL FOSSIL FUELS.—In the case of coal, lig8 nite, and oil shale (other than oil shale described in sub9 section (b)(5)), the allowance for depletion shall be com10 puted without reference to this section for any taxable 

11 year beginning after the date of the enactment of this sub12 section.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) COAL AND LIGNITE.—Section 613(b)(4) of 

15 the Internal Revenue Code of 1986 is amended by 

16 striking ‘‘coal, lignite,’’. 

17 (2) OIL SHALE.—Section 613(b)(2) of such 

18 Code is amended to read as follows: 

19 ‘‘(2) 15 PERCENT.—If, from deposits in the 

20 United States, gold, silver, copper, and iron ore.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to taxable years beginning after 

23 the date of the enactment of this Act. 


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1 SEC. 518. TERMINATION OF CAPITAL GAINS TREATMENT 

2 FOR ROYALTIES FROM COAL. 

3 (a) IN GENERAL.—Subsection (c) of section 631 of 

4 the Internal Revenue Code of 1986 is amended— 

5 (1) by striking ‘‘coal (including lignite), or iron 

6 ore’’ and inserting ‘‘iron ore’’, 

7 (2) by striking ‘‘coal or iron ore’’ each place it 

8 appears and inserting ‘‘iron ore’’, 

9 (3) by striking ‘‘iron ore or coal’’ each place it 

10 appears and inserting ‘‘iron ore’’, and 

11 (4) by striking ‘‘COAL OR’’ in the heading. 

12 (b) CONFORMING AMENDMENT.—The heading of sec13 tion 631 of the Internal Revenue Code of 1986 is amended 

14 by striking ‘‘, COAL,’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to dispositions after the date of 

17 the enactment of this Act. 

18 SEC. 519. MODIFICATIONS OF FOREIGN TAX CREDIT RULES 

19 APPLICABLE TO OIL, NATURAL GAS, AND 

20 COAL COMPANIES WHICH ARE DUAL CAPAC21 ITY TAXPAYERS. 

22 (a) IN GENERAL.—Section 901 of the Internal Rev23 enue Code of 1986 is amended by redesignating subsection 

24 (n) as subsection (o) and by inserting after subsection (m) 

25 the following new subsection: 


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1 ‘‘(n) SPECIAL RULES RELATING TO OIL, NATURAL

2 GAS, AND COAL COMPANIES WHICH ARE DUAL CAPACITY

3 TAXPAYERS.— 

4 ‘‘(1) GENERAL RULE.—Notwithstanding any 

5 other provision of this chapter, any amount paid or 

6 accrued to a foreign country or possession of the 

7 United States for any period by a dual capacity tax8 payer which is in the trade or business of the pro9 duction, refining, processing, transportation, or dis10 tribution of oil, natural gas, or coal shall not be con11 sidered a tax— 

12 ‘‘(A) if, for such period, the foreign coun13 try or possession does not impose a generally 

14 applicable income tax, or 

15 ‘‘(B) to the extent such amount exceeds 

16 the amount (determined in accordance with reg17 ulations) which— 

18 ‘‘(i) is paid by such dual capacity tax19 payer pursuant to the generally applicable 

20 income tax imposed by the country or pos21 session, or 

22 ‘‘(ii) would be paid if the generally ap23 plicable income tax imposed by the country 

24 or possession were applicable to such dual 

25 capacity taxpayer. 


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1 Nothing in this paragraph shall be construed to 

2 imply the proper treatment of any such amount not 

3 in excess of the amount determined under subpara4 graph (B). 

5 ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur6 poses of this subsection, the term ‘dual capacity tax7 payer’ means, with respect to any foreign country or 

8 possession of the United States, a person who— 

9 ‘‘(A) is subject to a levy of such country or 

10 possession, and 

11 ‘‘(B) receives (or will receive) directly or 

12 indirectly a specific economic benefit (as deter13 mined in accordance with regulations) from 

14 such country or possession. 

15 ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— 

16 For purposes of this subsection— 

17 ‘‘(A) IN GENERAL.—The term ‘generally 

18 applicable income tax’ means an income tax (or 

19 a series of income taxes) which is generally im20 posed under the laws of a foreign country or 

21 possession on income derived from the conduct 

22 of a trade or business within such country or 

23 possession. 


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1 ‘‘(B) EXCEPTIONS.—Such term shall not 

2 include a tax unless it has substantial applica3 tion, by its terms and in practice, to— 

4 ‘‘(i) persons who are not dual capacity 

5 taxpayers, and 

6 ‘‘(ii) persons who are citizens or resi7 dents of the foreign country or posses8 sion.’’. 

9 (b) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—The amendments made by 

11 this section shall apply to taxes paid or accrued in 

12 taxable years beginning after the date of the enact13 ment of this Act. 

14 (2) CONTRARY TREATY OBLIGATIONS

15 UPHELD.—The amendments made by this section 

16 shall not apply to the extent contrary to any treaty 

17 obligation of the United States. 

18 SEC. 520. INCREASE IN OIL SPILL LIABILITY TRUST FUND 

19 FINANCING RATE. 

20 (a) IN GENERAL.—Subparagraph (B) of section 

21 4611(c)(2) of the Internal Revenue Code of 1986 is 

22 amended— 

23 (1) by striking ‘‘and’’ at the end of clause (i), 

24 (2) in clause (ii)— 


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1 (A) by inserting ‘‘and before January 1, 

2 2018,’’ after ‘‘December 31, 2016,’’, and 

3 (B) by striking the period and inserting ‘‘, 

4 and’’, and 

5 (3) by adding at the end the following new 

6 clause: 

7 ‘‘(iii) in the case of crude oil received 

8 or petroleum products entered after De9 cember 31, 2017, 10 cents a barrel.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to crude oil received and petroleum 

12 products entered after the date of the enactment of this 

13 Act. 

14 SEC. 521. APPLICATION OF CERTAIN ENVIRONMENTAL 

15 TAXES TO SYNTHETIC CRUDE OIL. 

16 (a) IN GENERAL.—Paragraph (1) of section 4612(a) 

17 of the Internal Revenue Code of 1986 is amended to read 

18 as follows: 

19 ‘‘(1) CRUDE OIL.— 

20 ‘‘(A) IN GENERAL.—The term ‘crude oil’ 

21 includes crude oil condensates, natural gasoline, 

22 and synthetic crude oil. 

23 ‘‘(B) SYNTHETIC CRUDE OIL.—For pur24 poses of subparagraph (A), the term ‘synthetic 

25 crude oil’ means any bitumen and bituminous 


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1 mixtures, any oil manufactured from bitumen 

2 and bituminous mixtures, and any liquid fuel 

3 manufactured from coal.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 this section shall apply to oil and petroleum products re6 ceived or entered during calendar quarters beginning more 

7 than 60 days after the date of the enactment of this Act. 

8 SEC. 522. DENIAL OF DEDUCTION FOR REMOVAL COSTS 

9 AND DAMAGES FOR CERTAIN OIL SPILLS. 

10 (a) IN GENERAL.—Part IX of subchapter B of chap11 ter 1 of the Internal Revenue Code of 1986 is amended 

12 by adding at the end the following new section: 

13 ‘‘SEC. 280I. EXPENSES FOR REMOVAL COSTS AND DAMAGES 

14 RELATING TO CERTAIN OIL SPILL LIABILITY. 

15 ‘‘No deduction shall be allowed under this chapter for 

16 any amount paid or incurred with respect to any costs or 

17 damages for which the taxpayer is liable under section 

18 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702).’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for part IX of subchapter B of chapter 1 of such Code 

21 is amended by adding at the end the following new item: 

‘‘Sec. 280I. Expenses for removal costs and damages relating to certain oil spill 

liability.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to any liability arising 


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1 in taxable years ending after the date of the enactment 

2 of this Act. 

3 SEC. 523. TAX ON CRUDE OIL AND NATURAL GAS PRO4 DUCED FROM THE OUTER CONTINENTAL 

5 SHELF IN THE GULF OF MEXICO. 

6 (a) IN GENERAL.—Subtitle E of the Internal Rev7 enue Code of 1986 is amended by adding at the end the 

8 following new chapter: 

9 ‘‘CHAPTER 56—TAX ON SEVERANCE OF 

10 CRUDE OIL AND NATURAL GAS FROM 

11 THE OUTER CONTINENTAL SHELF IN 

12 THE GULF OF MEXICO 

‘‘Sec. 5901. Imposition of tax. 

‘‘Sec. 5902. Taxable crude oil or natural gas and removal price. 

‘‘Sec. 5903. Special rules and definitions. 

13 ‘‘SEC. 5901. IMPOSITION OF TAX. 

14 ‘‘(a) IN GENERAL.—In addition to any other tax im15 posed under this title, there is hereby imposed a tax equal 

16 to 13 percent of the removal price of any taxable crude 

17 oil or natural gas removed from the premises during any 

18 taxable period. 

19 ‘‘(b) CREDIT FOR FEDERAL ROYALTIES PAID.— 

20 ‘‘(1) IN GENERAL.—There shall be allowed as a 

21 credit against the tax imposed by subsection (a) with 

22 respect to the production of any taxable crude oil or 

23 natural gas an amount equal to the aggregate 


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1 amount of royalties paid under Federal law with re2 spect to such production. 

3 ‘‘(2) LIMITATION.—The aggregate amount of 

4 credits allowed under paragraph (1) to any taxpayer 

5 for any taxable period shall not exceed the amount 

6 of tax imposed by subsection (a) for such taxable pe7 riod. 

8 ‘‘(c) TAX PAID BY PRODUCER.—The tax imposed by 

9 this section shall be paid by the producer of the taxable 

10 crude oil or natural gas. 

11 ‘‘SEC. 5902. TAXABLE CRUDE OIL OR NATURAL GAS AND RE12 MOVAL PRICE. 

13 ‘‘(a) TAXABLE CRUDE OIL OR NATURAL GAS.—For 

14 purposes of this chapter, the term ‘taxable crude oil or 

15 natural gas’ means crude oil or natural gas which is pro16 duced from Federal submerged lands on the outer Conti17 nental Shelf in the Gulf of Mexico pursuant to a lease 

18 entered into with the United States which authorizes the 

19 production. 

20 ‘‘(b) REMOVAL PRICE.—For purposes of this chap21 ter— 

22 ‘‘(1) IN GENERAL.—Except as otherwise pro23 vided in this subsection, the term ‘removal price’ 

24 means— 


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1 ‘‘(A) in the case of taxable crude oil, the 

2 amount for which a barrel of such crude oil is 

3 sold, and 

4 ‘‘(B) in the case of taxable natural gas, the 

5 amount per 1,000 cubic feet for which such 

6 natural gas is sold. 

7 ‘‘(2) SALES BETWEEN RELATED PERSONS.—In 

8 the case of a sale between related persons, the re9 moval price shall not be less than the constructive 

10 sales price for purposes of determining gross income 

11 from the property under section 613. 

12 ‘‘(3) OIL OR NATURAL GAS REMOVED FROM

13 PROPERTY BEFORE SALE.—If crude oil or natural 

14 gas is removed from the property before it is sold, 

15 the removal price shall be the constructive sales 

16 price for purposes of determining gross income from 

17 the property under section 613. 

18 ‘‘(4) REFINING BEGUN ON PROPERTY.—If the 

19 manufacture or conversion of crude oil into refined 

20 products begins before such oil is removed from the 

21 property— 

22 ‘‘(A) such oil shall be treated as removed 

23 on the day such manufacture or conversion be24 gins, and 


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1 ‘‘(B) the removal price shall be the con2 structive sales price for purposes of determining 

3 gross income from the property under section 

4 613. 

5 ‘‘(5) PROPERTY.—The term ‘property’ has the 

6 meaning given such term by section 614. 

7 ‘‘SEC. 5903. SPECIAL RULES AND DEFINITIONS. 

8 ‘‘(a) ADMINISTRATIVE REQUIREMENTS.— 

9 ‘‘(1) WITHHOLDING AND DEPOSIT OF TAX.— 

10 The Secretary shall provide for the withholding and 

11 deposit of the tax imposed under section 5901 on a 

12 quarterly basis. 

13 ‘‘(2) RECORDS AND INFORMATION.—Each tax14 payer liable for tax under section 5901 shall keep 

15 such records, make such returns, and furnish such 

16 information (to the Secretary and to other persons 

17 having an interest in the taxable crude oil or natural 

18 gas) with respect to such oil as the Secretary may 

19 by regulations prescribe. 

20 ‘‘(3) TAXABLE PERIODS; RETURN OF TAX.— 

21 ‘‘(A) TAXABLE PERIOD.—Except as pro22 vided by the Secretary, each calendar year shall 

23 constitute a taxable period. 


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1 ‘‘(B) RETURNS.—The Secretary shall pro2 vide for the filing, and the time for filing, of the 

3 return of the tax imposed under section 5901. 

4 ‘‘(b) DEFINITIONS.—For purposes of this chapter— 

5 ‘‘(1) PRODUCER.—The term ‘producer’ means 

6 the holder of the economic interest with respect to 

7 the crude oil or natural gas. 

8 ‘‘(2) CRUDE OIL.—The term ‘crude oil’ includes 

9 crude oil condensates and natural gasoline. 

10 ‘‘(3) PREMISES AND CRUDE OIL PRODUCT.— 

11 The terms ‘premises’ and ‘crude oil product’ have 

12 the same meanings as when used for purposes of de13 termining gross income from the property under sec14 tion 613. 

15 ‘‘(c) ADJUSTMENT OF REMOVAL PRICE.—In deter16 mining the removal price of oil or natural gas from a prop17 erty in the case of any transaction, the Secretary may ad18 just the removal price to reflect clearly the fair market 

19 value of oil or natural gas removed. 

20 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 

21 such regulations as may be necessary or appropriate to 

22 carry out the purposes of this chapter.’’. 

23 (b) DEDUCTIBILITY OF TAX.—The first sentence of 

24 section 164(a) of the Internal Revenue Code of 1986 is 


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1 amended by inserting after paragraph (4) the following 

2 new paragraph: 

3 ‘‘(5) The tax imposed by section 5901(a) (after 

4 application of section 5901(b)) on the severance of 

5 crude oil or natural gas from the outer Continental 

6 Shelf in the Gulf of Mexico.’’. 

7 (c) CLERICAL AMENDMENT.—The table of chapters 

8 for subtitle E is amended by adding at the end the fol9 lowing new item: 

‘‘CHAPTER 56. Tax on severance of crude oil and natural gas 

from the outer Continental Shelf in the Gulf of 

Mexico.’’. 

10 (d) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to crude oil or natural gas removed 

12 after December 31, 2017. 

13 SEC. 524. REPEAL OF CORPORATE INCOME TAX EXEMP14 TION FOR PUBLICLY TRADED PARTNERSHIPS 

15 WITH QUALIFYING INCOME AND GAINS FROM 

16 ACTIVITIES RELATING TO FOSSIL FUELS. 

17 (a) IN GENERAL.—Section 7704(d)(1) of the Inter18 nal Revenue Code of 1986 is amended— 

19 (1) by striking subparagraph (E), 

20 (2) by redesignating subparagraphs (F) and 

21 (G) as subparagraphs (E) and (F), respectively, and 

22 (3) by striking the flush matter at the end. 

23 (b) CONFORMING AMENDMENT.—Section 

24 988(c)(1)(E)(iii)(III) of the Internal Revenue Code of 


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1 1986 is amended by striking ‘‘or (G)’’ and inserting ‘‘or 

2 (F)’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to taxable years beginning after 

5 the date of the enactment of this Act. 

6 TITLE VI—MAINTAINING 

7 AMERICAN COMPETITIVENESS 

8 SEC. 601. PURPOSES; DEFINITIONS. 

9 (a) PURPOSES.—The purposes of this title are— 

10 (1) to ensure that the shift to a clean energy 

11 economy in the United States is not eroded by the 

12 transition to foreign countries of the manufacturing 

13 of goods in energy-intensive industrial sectors; 

14 (2) to ensure the competitiveness of United 

15 States manufacturing and industry; 

16 (3) to make trade a tool for the mitigation of 

17 emissions, rather than the source of a substantial in18 crease, as determined by the National Climate 

19 Change Council, in greenhouse gas emissions by in20 dustrial entities located in foreign countries caused 

21 by an increased cost of production in the United 

22 States resulting from the implementation of this 

23 Act; 

24 (4) to provide an incentive for high-emissions 

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1 tions and address the greenhouse gas emissions of 

2 those countries; and 

3 (5) to prevent an increase in greenhouse gas 

4 emissions from foreign countries as a result of direct 

5 and indirect compliance costs incurred under this 

6 title. 

7 (b) DEFINITIONS.—In this title: 

8 (1) CLIMATE DUTY.—The term ‘‘climate duty’’ 

9 means a duty assessed by the United States on the 

10 importation into the customs territory of the United 

11 States of a covered good. 

12 (2) COVERED GOOD.—The term ‘‘covered good’’ 

13 means a good that is entered under a heading or 

14 subheading of the Harmonized Tariff Schedule of 

15 the United States that corresponds to the North 

16 American Industrial Classification System code for 

17 an eligible industrial sector, as established in the 

18 concordance between North American Industrial 

19 Classification System codes and the Harmonized 

20 Tariff Schedule of the United States prepared by the 

21 United States Census Bureau. 

22 (3) ELIGIBLE INDUSTRIAL SECTOR.—The term 

23 ‘‘eligible industrial sector’’ means an industrial sec24 tor in the United States that is subject to a climate 

25 duty, as determined under section 602(a). 


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1 (4) ENERGY-INTENSIVE.—The term ‘‘energy-in2 tensive’’, with respect to an industrial sector, means 

3 that the industrial sector has an energy intensity of 

4 not less than 5 percent, as calculated based on the 

5 quotient obtained by dividing, as determined using 

6 the average of the 3 most recent calendar years for 

7 which data are available— 

8 (A) the cost of the electricity and fuel pur9 chased by the industrial sector; by 

10 (B) the total value of the sales of the in11 dustrial sector. 

12 (5) INCREMENTAL COST.—The term ‘‘incre13 mental cost’’ means the increased cost of production 

14 of a covered good due to compliance with applicable 

15 energy and climate laws (including regulations) and 

16 subsidies of— 

17 (A) the United States; or 

18 (B) a foreign country. 

19 (6) INDUSTRIAL SECTOR.— 

20 (A) IN GENERAL.—The term ‘‘industrial 

21 sector’’ means any sector that— 

22 (i) is in the manufacturing sector (as 

23 defined in North American Industrial Clas24 sification System codes 31, 32, and 33); or 


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1 (ii) beneficiates or otherwise processes 

2 (including through agglomeration) a metal 

3 ore, including— 

4 (I) iron or copper ore; 

5 (II) soda ash; and 

6 (III) phosphate. 

7 (B) EXCLUSION.—The term ‘‘industrial 

8 sector’’ does not include any sector involving 

9 only the extraction of— 

10 (i) a metal ore; 

11 (ii) soda ash; or 

12 (iii) phosphate. 

13 (7) TRADE-INTENSIVE.—The term ‘‘trade-in14 tensive’’, with respect to an industrial sector, means 

15 that not less than 15 percent of domestic consump16 tion from the industrial sector is a result of importa17 tion, as calculated based on the quotient obtained by 

18 dividing, as determined using the average of the 3 

19 most recent calendar years for which data are avail20 able— 

21 (A) the value of the total imports of the in22 dustrial sector; by 

23 (B) the number equal to the sum of— 

24 (i) the number equal to the difference 

25 between— 


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1 (I) the domestic production of 

2 the industrial sector; and 

3 (II) the exports of the industrial 

4 sector; and 

5 (ii) the value of the imports of the in6 dustrial sector. 

7 SEC. 602. LEVELING PLAYING FIELD FOR DOMESTIC MANU8 FACTURERS. 

9 (a) ELIGIBLE INDUSTRIAL SECTORS.— 

10 (1) DESIGNATION.—Not later than 1 year after 

11 the date of enactment of this Act, the Administrator, 

12 by regulation, shall designate, in accordance with 

13 paragraph (2) and with the advice of the Council, 

14 each eligible industrial sector that is subject to a cli15 mate duty under this section. 

16 (2) DETERMINATION.—An industrial sector 

17 shall be an eligible industrial sector if the industrial 

18 sector— 

19 (A) is— 

20 (i) energy-intensive; and 

21 (ii) trade-intensive; or 

22 (B) has an energy intensity of not less 

23 than 20 percent, as determined by the Council, 

24 based on the quotient obtained by dividing, as 

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1 cent calendar years for which data are avail2 able— 

3 (i) the cost of electricity and fuel pur4 chased by the industrial sector; by 

5 (ii) the value of the sales of the indus6 trial sector. 

7 (3) PUBLICATION AND UPDATING OF LIST.— 

8 Not later than 1 year after the date of enactment 

9 of this Act, and not less frequently than once every 

10 3 years thereafter, the Administrator shall publish 

11 or update, as applicable, in the Federal Register a 

12 list of eligible industrial sectors designated under 

13 paragraph (1). 

14 (b) REGULATIONS.— 

15 (1) IN GENERAL.—The President, in consulta16 tion with the Administrator, with the concurrence of 

17 the Council and the Commissioner of U.S. Customs 

18 and Border Protection, shall promulgate regulations 

19 that— 

20 (A) establish— 

21 (i) a list of countries from which the 

22 United States imports covered goods; 

23 (ii) a methodology for calculating— 

24 (I) the incremental cost of pro25 ducing covered goods in— 


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1 (aa) the United States; and 

2 (bb) each foreign country in3 cluded on the list under clause 

4 (i); and 

5 (II) subject to subsection 

6 (c)(3)(A), the amount of the climate 

7 duty to be imposed on imports of cov8 ered goods from each eligible indus9 trial sector; 

10 (iii) a list of the climate duties to be 

11 applied to imports from each eligible indus12 trial sector, as determined in accordance 

13 with the methodology under clause (ii)(II); 

14 and 

15 (iv) procedures to prevent circumven16 tion of the climate duty for a covered good 

17 that is manufactured or processed in more 

18 than 1 foreign country; 

19 (B) subject to subsection (c)(3)(B), require 

20 the payment of an appropriate climate duty for 

21 the importation into the customs territory of 

22 the United States of covered goods; and 

23 (C) describe the procedures to be applied 

24 by U.S. Customs and Border Protection relat25 ing to the declaration and entry of covered 


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1 goods into the customs territory of the United 

2 States. 

3 (2) REVISIONS.—Not less frequently than once 

4 every 3 years, the President, with the advice of the 

5 Council, shall publish in the Federal Register revised 

6 incremental cost calculations for the United States 

7 and foreign countries, to be determined in accord8 ance with paragraph (1)(A)(ii)(I), as necessary to 

9 account for any modifications during the preceding 

10 3 calendar years to applicable climate- and energy11 related laws (including regulations). 

12 (c) IMPOSITION OF CLIMATE DUTY ON IMPORTED

13 COVERED GOODS.— 

14 (1) IN GENERAL.—The owner or operator of an 

15 entity that imports a covered good shall pay to the 

16 Commissioner of U.S. Customs and Border Protec17 tion the climate duty required under subsection (b) 

18 with respect to the applicable eligible industrial sec19 tor. 

20 (2) WAIVERS.— 

21 (A) PETITION.—The owner or operator of 

22 an entity that imports a covered good may sub23 mit to the President a petition for a waiver of 

24 the climate duty required for the covered good 

25 under this subsection. 


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1 (B) APPROVAL.—The President shall pro2 vide to an owner or operator the waiver re3 quested in a petition submitted under subpara4 graph (A), if the owner or operator dem5 onstrates to the satisfaction of the President 

6 that the covered good imported by the owner or 

7 operator has an energy intensity or trade inten8 sity, as calculated in accordance with paragraph 

9 (5) or (8), respectively, of section 601(b), equal 

10 to less than the energy intensity or trade inten11 sity calculated for the overall eligible industrial 

12 sector in which the covered good is classified. 

13 (3) LIMITATIONS.— 

14 (A) MAXIMUM AMOUNT.—A climate duty 

15 imposed on the importation of a covered good 

16 pursuant to this subsection shall not exceed an 

17 amount equal to the incremental cost of domes18 tic production of the covered good, as deter19 mined in accordance with subsection 

20 (b)(1)(A)(ii)(I). 

21 (B) EXEMPTED FOREIGN COUNTRIES.—A 

22 product that originates from a foreign country 

23 that meets any of the following criteria shall be 

24 exempt from a climate duty under this sub25 section: 


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1 (i) The United Nations has identified 

2 the country as among the least developed 

3 of developing countries. 

4 (ii) The country has been determined 

5 to be responsible for less than 0.5 percent 

6 of total global greenhouse gas emissions. 

7 (iii) The country has been determined 

8 to be responsible for less than 5 percent of 

9 United States imports for an eligible in10 dustrial sector. 

11 (iv) The country is a party to an 

12 international agreement to which the 

13 United States is also a party that includes 

14 a nationally enforceable and economywide 

15 greenhouse gas emissions reduction com16 mitment for that country, which is at least 

17 as stringent as the commitment of the 

18 United States. 

19 (v) The country is party to a multilat20 eral or bilateral emissions reduction agree21 ment to which the United States is also a 

22 party relating to an applicable eligible in23 dustrial sector. 

24 (vi) The country has an annual energy 

25 intensity, as calculated in accordance with 


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1 section 601(b)(5), for an eligible industrial 

2 sector that is not greater than the energy 

3 intensity for the eligible industrial sector in 

4 the United States during the most recent 

5 3-calendar-year period for which data are 

6 available. 

7 SEC. 603. MAKING AMERICAN MANUFACTURING ENERGY 

8 EFFICIENT. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means an energy-intensive manufacturer that— 

12 (A) is a nongovernmental entity; and 

13 (B) is headquartered in the United States. 

14 (2) ENERGY-INTENSIVE MANUFACTURER.— 

15 (A) IN GENERAL.—The term ‘‘energy-in16 tensive manufacturer’’ means a private entity 

17 operating in an industrial sector that uses an 

18 onsite fossil fuel heating system in a manufac19 turing process. 

20 (B) INCLUSIONS.—The term ‘‘energy-in21 tensive manufacturer’’ includes an entity de22 scribed in subparagraph (A) that— 

23 (i) manufactures steel or cement; 

24 (ii) is a pulp or paper mill; or 


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1 (iii) operates in an energy-intensive 

2 industrial sector. 

3 (3) FOSSIL FUEL HEATING SYSTEM.—The term 

4 ‘‘fossil fuel heating system’’ means a boiler, furnace, 

5 hot water heater, or forced air system that uses coal, 

6 oil, natural gas, propane, or any other fossil fuel, as 

7 determined by the Secretary. 

8 (4) PROGRAM.—The term ‘‘Program’’ means 

9 the energy-efficient manufacturing program estab10 lished under subsection (b)(1). 

11 (b) ENERGY EFFICIENT MANUFACTURING PRO12 GRAM.— 

13 (1) ESTABLISHMENT.—The Secretary shall es14 tablish program, to be known as an ‘‘energy-efficient 

15 manufacturing program’’. 

16 (2) COMPETITIVE GRANTS.— 

17 (A) IN GENERAL.—In carrying out the 

18 Program, the Secretary shall provide grants, on 

19 a competitive basis, to eligible entities to imple20 ment energy efficiency improvements at facili21 ties in the United States. 

22 (B) SELECTION CRITERIA.—Not later than 

23 120 days after the date of enactment of this 

24 Act, and not later than 90 days after the date 

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1 priated to carry out the Program, the Secretary 

2 shall publish criteria for the selection of eligible 

3 entities to receive grants under the Program, 

4 including criteria prioritizing the applications 

5 submitted under subparagraph (C) based on— 

6 (i) the non-Federal cost-share, relative 

7 to the value of the grant; 

8 (ii) the rapidity of the achievement of 

9 reductions in emissions due to the replace10 ment of a fossil fuel heating system as de11 scribed in subparagraph (F)(i); 

12 (iii) the ability to use the energy effi13 ciency improvements funded by the grant 

14 as a model of deployment of zero-emission 

15 heating technologies across the United 

16 States; and 

17 (iv) such other achievements as the 

18 Secretary considers to be appropriate. 

19 (C) APPLICATIONS.— 

20 (i) IN GENERAL.—To be eligible to re21 ceive a grant under this paragraph, an eli22 gible entity or consortium of eligible enti23 ties shall submit to the Secretary an appli24 cation or joint application, respectively, in 

25 accordance with clause (ii), by not later 


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1 than 120 days after the date of publication 

2 by the Secretary of the selection criteria 

3 under subparagraph (B). 

4 (ii) INCLUSIONS.—An application sub5 mitted under this subparagraph shall in6 clude a description of the means by 

7 which— 

8 (I) the eligible entity or consor9 tium, as applicable, will— 

10 (aa) achieve compliance with 

11 any applicable selection criteria 

12 under subparagraph (B); and 

13 (bb) measure and verify pro14 posed energy savings; and 

15 (II) to the maximum extent prac16 ticable, the energy efficiency improve17 ments proposed to be achieved using 

18 the grant could be used as a model of 

19 deployment for other manufacturers 

20 across the United States. 

21 (D) SELECTION.—Not later than 120 days 

22 after the deadline described in subparagraph 

23 (C)(i), the Secretary shall select eligible entities 

24 to receive grants under the Program. 


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1 (E) MAXIMUM AMOUNT.—The amount of a 

2 grant provided under the Program shall not ex3 ceed $100,000,000. 

4 (F) USE OF FUNDS.—An eligible entity or 

5 consortium, as applicable, shall use a grant pro6 vided under the Program— 

7 (i) to replace a fossil fuel heating sys8 tem with— 

9 (I) a zero-emission heating sys10 tem; or 

11 (II) a heating system that is at 

12 least 50 percent more energy efficient; 

13 or 

14 (ii) to make energy efficiency improve15 ments that reduce the total electricity 

16 usage of each applicable eligible entity by 

17 not less than 10 percent. 

18 (3) COST SHARING.— 

19 (A) IN GENERAL.—The non-Federal share 

20 of the cost of each activity carried out using a 

21 grant provided under the Program shall be— 

22 (i) determined by the Secretary, tak23 ing into consideration the receipt of any 

24 other Federal funds by the applicable eligi25 ble entity; but 


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1 (ii) not less than 20 percent. 

2 (B) NO REPAYMENT OF FEDERAL

3 SHARE.—The Secretary shall not require repay4 ment of the Federal share of an activity carried 

5 out using a grant provided under the Program 

6 as a condition of providing the grant. 

7 (4) REPORTS.— 

8 (A) IN GENERAL.—For purposes of ana9 lyzing the Program, the Secretary shall deter10 mine the data required to be submitted to the 

11 Secretary by eligible entities as a condition of 

12 receiving grants under the Program. 

13 (B) PROPRIETARY INFORMATION.—In car14 rying out this paragraph, the Secretary shall 

15 provide appropriate protections for— 

16 (i) proprietary information; and 

17 (ii) intellectual property rights. 

18 (c) FUNDING.—The Secretary shall use to carry out 

19 this section not more than $2,000,000,000 for each fiscal 

20 year from the Climate Fund. 

21 TITLE VII—MOBILIZING 

22 AMERICAN RESOURCES 

23 SEC. 701. NATIONAL CLIMATE CHANGE COUNCIL. 

24 (a) DEFINITION OF FOSSIL FUEL.—In this section, 

25 the term ‘‘fossil fuel’’ has the meaning given the term 


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1 ‘‘fossil fuel resource’’ in section 610(a) of the Public Util2 ity Regulatory Policies Act of 1978. 

3 (b) ESTABLISHMENT.—There is established in the 

4 Executive Office of the President a council, to be known 

5 as the ‘‘National Climate Change Council’’, to coordinate 

6 all activities and programs of the Federal Government re7 lating to the transition from fossil fuels by January 1, 

8 2050. 

9 (c) MEMBERSHIP.—The membership of the Council 

10 shall consist of— 

11 (1) the Secretary; 

12 (2) the Secretary of Education; 

13 (3) the Secretary of Housing and Urban Devel14 opment; 

15 (4) the Secretary of Labor; 

16 (5) the Secretary of Transportation; 

17 (6) the Secretary of the Treasury; 

18 (7) the Administrator; 

19 (8) the Chair of the Council on Environmental 

20 Quality; 

21 (9) the Director of the National Economic 

22 Council; and 

23 (10) the Director of the Office of Science and 

24 Technology Policy. 

25 (d) DUTIES.— 


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1 (1) 2050 PLANS.— 

2 (A) IN GENERAL.—The Council shall de3 velop plans to ensure that each sector in the 

4 United States that combusts fossil fuels transi5 tions away from fossil fuel emissions by Janu6 ary 1, 2050, in accordance with this subsection. 

7 (B) PROPOSED PLANS.—Not later than 1 

8 year after the date of enactment of this Act, the 

9 Council shall— 

10 (i) identify each sector in the United 

11 States economy that combusts fossil fuels; 

12 and 

13 (ii) publish in the Federal Register a 

14 proposed plan to transition that sector 

15 away from fossil fuels. 

16 (C) FINAL PLANS.—Not later than 2 years 

17 after the date of enactment of this Act, the 

18 Council shall publish in the Federal Register 

19 the final plan developed under this paragraph 

20 for each sector. 

21 (D) REQUIREMENTS.— 

22 (i) USE OF EXISTING AUTHORITIES.— 

23 The Council shall— 

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1 cute each plan developed under this 

2 paragraph; and 

3 (II) identify any new statutory 

4 authority necessary to execute each 

5 plan. 

6 (ii) PUBLIC COMMENT.—The Council 

7 shall provide notice and an opportunity for 

8 public comment for a period of not less 

9 than 90 days for each plan developed 

10 under this paragraph. 

11 (2) SUBMISSION TO CONGRESS.—Not later than 

12 60 days after the date of publication of a final plan 

13 under paragraph (1)(C) with respect to which the 

14 Council identifies under paragraph (1)(D)(i)(II) a 

15 new statutory authority necessary to execute the 

16 plan, the Council shall submit to Congress draft leg17 islative text for that new authority. 

18 (3) 5-YEAR REVIEWS.—Not less frequently than 

19 once every 5 years, the Council shall review and up20 date, as necessary, each plan developed under this 

21 subsection, taking into consideration— 

22 (A) new market conditions; 

23 (B) advances in technology; and 

24 (C) such other factors as the Council de25 termines to be appropriate. 


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1 (4) 2040 REVIEW.—Not later than January 1, 

2 2040, the Council shall— 

3 (A) identify any sector that is not expected 

4 to achieve compliance with the targets estab5 lished for the sector in an applicable plan under 

6 this subsection by December 31, 2040; and 

7 (B) establish a program to reduce emis8 sions from that sector through investment in 

9 international clean and renewable energy 

10 projects. 

11 (e) NEW GRANT PROGRAM AUTHORITY.— 

12 (1) IN GENERAL.—The Council may establish 

13 such new programs as the Council determines to be 

14 appropriate to provide grants for not more than 20 

15 percent of the costs incurred in connection with the 

16 acquisition of components for, or the development, 

17 construction, or engineering of, activities and pro18 grams described in a plan developed under sub19 section (d). 

20 (2) FUNDING.—The Council may use to carry 

21 out this subsection such amounts in the Climate 

22 Fund as are not otherwise expended to carry out 

23 this Act and the amendments made by this Act. 

24 (f) CARBON FEES.—If, in conducting the 2040 re25 view under subsection (d)(4) for any sector (other than 


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1 sectors covered under section 101 and title II), the Council 

2 determines that new authority is necessary to meet a tar3 get established under subsection (d), the Secretary of the 

4 Treasury may, in consultation with the Council, assess the 

5 fees necessary to meet the target under subsection (d). 

6 SEC. 702. CLIMATE FUND; CLIMATE BONDS. 

7 (a) CLIMATE FUND.— 

8 (1) ESTABLISHMENT.—There is established in 

9 the Treasury of the United States a fund, to be 

10 known as the ‘‘Climate Fund’’. 

11 (2) RESPONSIBILITY OF SECRETARY.—The Sec12 retary of the Treasury (or a designee) (referred to 

13 in this section as the ‘‘Secretary’’) shall take such 

14 actions as the Secretary determines to be necessary 

15 to assist in implementing the establishment of the 

16 Climate Fund in accordance with this Act. 

17 (3) USE OF FUNDS.— 

18 (A) IN GENERAL.—Any amounts deposited 

19 in the Climate Fund shall only be used to carry 

20 out this Act and the amendments made by this 

21 Act. 

22 (B) ALLOCATION.—Not later than the date 

23 that is 14 days before the first day of each ap24 plicable fiscal year, the Council shall make a de25 termination regarding the allocation of funds 


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1 pursuant to subparagraph (A) for the following 

2 fiscal year. 

3 (C) MINIMUM ALLOCATION.—For each fis4 cal year, at least 40 percent of the funds depos5 ited in the Climate Fund shall be used to carry 

6 out title I, the amendments made by title I, and 

7 section 704. 

8 (b) CLIMATE BONDS.— 

9 (1) INITIAL CAPITALIZATION.—During the 1- 

10 year period beginning on the date of enactment of 

11 this Act, the Secretary shall issue climate bonds in 

12 an amount not to exceed $150,000,000,000 on the 

13 credit of the United States, the proceeds of which 

14 shall be deposited in the Climate Fund. 

15 (2) FUTURE CAPITALIZATION.—After the expi16 ration of the 1-year period described in paragraph 

17 (1), the Secretary may issue additional climate 

18 bonds on the credit of the United States in excess 

19 of the limitation established under that paragraph, 

20 in an amount not to exceed $150,000,000,000 for 

21 each fiscal year. 

22 (c) INTEREST.—A climate bond shall bear interest at 

23 the rate the Secretary sets for Treasury bonds. 

24 (d) PROMOTION.— 


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1 (1) IN GENERAL.—The Secretary shall take 

2 such actions, independently and in conjunction with 

3 financial institutions offering climate bonds, to pro4 mote the purchase of climate bonds, including cam5 paigns describing the financial and social benefits of 

6 purchasing climate bonds. 

7 (2) PROMOTIONAL ACTIVITIES.—The pro8 motional activities under paragraph (1) may include 

9 advertisements, pamphlets, or other promotional ma10 terials— 

11 (A) in periodicals; 

12 (B) on billboards and other outdoor 

13 venues; 

14 (C) on television; 

15 (D) on radio; 

16 (E) on the Internet; 

17 (F) within financial institutions that offer 

18 climate bonds; or 

19 (G) any other venues or outlets the Sec20 retary may identify. 

21 (3) LIMITATION.—There are authorized to be 

22 appropriated for the promotional activities under 

23 this subsection not more than— 


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1 (A) $10,000,000 for the first fiscal year 

2 beginning after the date of enactment of this 

3 Act; and 

4 (B) $2,000,000 for each fiscal year there5 after. 

6 (e) FAIR WORKING WAGES AND DAVIS-BACON COM7 PLIANCE.— 

8 (1) IN GENERAL.—All laborers and mechanics 

9 employed on projects funded directly by or assisted 

10 in whole or in part by the Climate Fund under this 

11 Act shall be paid wages at rates not less than those 

12 prevailing on projects of a character similar in the 

13 locality as determined by the Secretary of Labor in 

14 accordance with subchapter IV of chapter 31 of part 

15 A of subtitle II of title 40, United States Code (com16 monly referred to as the ‘‘Davis-Bacon Act’’). 

17 (2) AUTHORITY.—With respect to the labor 

18 standards specified in this subsection, the Secretary 

19 of Labor shall have the authority and functions set 

20 forth in Reorganization Plan Numbered 14 of 1950 

21 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

22 title 40, United States Code. 

23 SEC. 703. ACCELERATING 100 PERCENT LOCALLY. 

24 (a) ESTABLISHMENT OF GRANT PROGRAM.— 


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1 (1) IN GENERAL.—The Secretary shall establish 

2 a program under which the Secretary shall provide 

3 grants, on a competitive basis, to units of tribal and 

4 local government or consortia of those units to plan 

5 and implement a transition to 100-percent clean and 

6 renewable energy. 

7 (2) GOALS.—The goals of the program under 

8 this subsection are— 

9 (A) to facilitate the rapid transition to 

10 100-percent clean and renewable energy at the 

11 municipal and regional levels throughout the 

12 United States by providing— 

13 (i) planning grants to support nec14 essary activities to transition to 100-per15 cent clean and renewable energy; and 

16 (ii) implementation grants for commu17 nities that— 

18 (I) have completed the planning 

19 process; and 

20 (II) are ready to begin imple21 menting 100-percent clean and renew22 able energy plans; 

23 (B) to encourage the adoption of clean and 

24 renewable energy resources at the local and re25 gional levels, while increasing the access that 


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1 low-income communities and disadvantaged 

2 communities have to the many benefits of clean 

3 energy, most notably— 

4 (i) improved environmental quality; 

5 (ii) healthier living conditions; and 

6 (iii) lower energy costs; 

7 (C) to increase knowledge and acceptance 

8 of, and exposure to, clean and renewable energy 

9 practices for consumers, businesses, and local 

10 elected officials and planning staff; 

11 (D) to encourage the innovation and in12 vestment necessary to achieve large-scale de13 ployment of clean and renewable energy; 

14 (E) to investigate differences in energy use 

15 among communities and develop best practices 

16 for transitioning to clean and renewable energy 

17 in various communities and regions throughout 

18 the United States; and 

19 (F) to reduce and displace petroleum use 

20 and reduce greenhouse gas emissions by accel21 erating the transition to clean and renewable 

22 energy at the local and regional levels in the 

23 United States. 

24 (b) APPLICATIONS.— 


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1 (1) IN GENERAL.—To be eligible to receive a 

2 grant under this subsection, a unit of tribal or local 

3 government, or a consortium of 1 or more such 

4 units, shall submit to the Secretary an application in 

5 such manner and containing such information as the 

6 Secretary determines to be appropriate, by not later 

7 than 150 days after the date of publication by the 

8 Secretary of selection criteria under subsection 

9 (c)(3). 

10 (2) JOINT SPONSORSHIP.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), an application submitted under 

13 paragraph (1) may be jointly sponsored by— 

14 (i) electric utilities; 

15 (ii) clean energy equipment manufac16 turers; 

17 (iii) technology providers; or 

18 (iv) such other entities as the Sec19 retary determines to be appropriate. 

20 (B) DISBURSEMENT OF GRANTS.—A grant 

21 provided under this section shall only be dis22 bursed to a unit of tribal or local government, 

23 or a consortium of those units, regardless of 

24 whether the application is jointly sponsored 

25 under subparagraph (A). 


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1 (c) SELECTION.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of this Act, and not later than 

4 1 year after the date on which any subsequent 

5 amounts are made available to carry out this section, 

6 the Secretary shall select the units of tribal or local 

7 government and consortia of those units to receive 

8 grants under this section, taking into consideration 

9 the factors and criteria described in paragraphs (2) 

10 and (3). 

11 (2) FACTORS FOR CONSIDERATION.—In select12 ing units of government and consortia to receive 

13 grants under this subsection, the Secretary— 

14 (A) shall ensure, to the maximum extent 

15 practicable, that— 

16 (i) the combination of selected units is 

17 diverse with respect to— 

18 (I) population, population den19 sity, and demographics; 

20 (II) urban and suburban com21 position; 

22 (III) typical commuting patterns; 

23 (IV) climate; 

24 (V) geographical distribution; 

25 and 


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1 (VI) applicable types of utilities 

2 (including investor-owned, publicly 

3 owned, cooperatively owned, distribu4 tion-only, and vertically integrated 

5 utilities); and 

6 (ii) at least 1 unit of government se7 lected serves a population of less than 

8 500,000; 

9 (B) in addition to the factors described in 

10 subparagraph (A), may give preference to appli11 cants proposing a greater non-Federal cost12 share; 

13 (C) shall prioritize the provision of grants 

14 for communities that demonstrate affordable 

15 modes of transitioning to clean and renewable 

16 energy for residents of low-income communities 

17 and disadvantaged communities; and 

18 (D) shall take into consideration previous 

19 investments by the Department of Energy and 

20 other Federal departments and agencies to en21 sure that the maximum domestic benefit from 

22 Federal investments is realized. 

23 (3) SELECTION CRITERIA.— 

24 (A) IN GENERAL.—Not later than 120 

25 days after the date of enactment of this Act, 


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1 and not later than 90 days after the date on 

2 which any subsequent amounts are made avail3 able to carry out this section, the Secretary 

4 shall publish criteria for the selection of units 

5 of tribal and local government to receive grants 

6 under this section. 

7 (B) APPLICATION REQUIREMENTS.—The 

8 criteria published by the Secretary under sub9 paragraph (A) shall include the following appli10 cation requirements: 

11 (i) A proposed level of cost sharing, in 

12 accordance with subsection (f)(2). 

13 (ii) A description of the relevant 

14 stakeholders that the applicant will involve, 

15 including— 

16 (I) elected and appointed offi17 cials; 

18 (II) all relevant generators and 

19 distributors of electricity; 

20 (III) State utility regulatory au21 thorities; 

22 (IV) departments of public works 

23 and affordable housing; 

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1 ing environmental justice consider2 ations; 

3 (VI) entities representing low-in4 come communities and disadvantaged 

5 communities; and 

6 (VII) third-party providers of re7 newable energy and energy efficiency 

8 services. 

9 (iii) A cost proposal describing funds 

10 that would be used to support and ensure 

11 the participation of community groups 

12 from all economic levels in stakeholder 

13 meetings. 

14 (iv) A description of the means by 

15 which the planning process will take into 

16 consideration the needs of environmental 

17 justice populations, low-income commu18 nities, and disadvantaged communities. 

19 (v) For planning grants, a proposed 

20 schedule for the planning process. 

21 (vi) For implementation grants— 

22 (I) a proposed implementation 

23 schedule; 

24 (II) a description of— 


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1 (aa) the role that energy ef2 ficiency improvements will play in 

3 the implementation process; 

4 (bb) any technical assistance 

5 the applicant will seek as part of 

6 the implementation process; 

7 (cc) updated construction 

8 permitting or inspection proc9 esses (or a plan to update con10 struction permitting or inspection 

11 processes) to allow for expedited 

12 installation of renewable energy 

13 equipment; 

14 (dd) the means by which 

15 local women-owned, minority16 owned, or veteran-owned busi17 nesses will be involved in the im18 plementation process; and 

19 (ee) any workforce develop20 ment and professional develop21 ment activities that will be incor22 porated into the implementation 

23 process; 

24 (III) a proposed plan for— 


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1 (aa) making necessary util2 ity and grid upgrades, including 

3 a plan for recovering the cost of 

4 the upgrades; and 

5 (bb) monitoring and evalu6 ating the implementation of the 

7 applicable plan, including metrics 

8 for assessing the success of im9 plementation and an approach to 

10 updating the plan, as appro11 priate; and 

12 (IV) such other merit-based cri13 teria as the Secretary determines to 

14 be appropriate. 

15 (d) MAXIMUM AMOUNT.—The amount of a grant pro16 vided under this section shall not exceed $1,000,000. 

17 (e) USE OF FUNDS.—A recipient of a grant provided 

18 under this section shall use the grant to design or imple19 ment a plan for transition by the community served by 

20 the recipient to 100-percent clean and renewable energy. 

21 (f) COST SHARING.— 

22 (1) IN GENERAL.—The non-Federal share of 

23 the cost of each activity carried out using a grant 

24 provided under this section— 


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1 (A) shall be determined by the Secretary in 

2 accordance with paragraph (2), taking into con3 sideration the receipt of any other Federal 

4 funds by the applicant; 

5 (B) shall be not less than 60 percent; and 

6 (C) may be reduced or eliminated by the 

7 Secretary, as the Secretary determines to be 

8 necessary. 

9 (2) CALCULATION OF AMOUNT.—In calculating 

10 the amount of the non-Federal share under this sec11 tion, the Secretary— 

12 (A) may include allowable costs in accord13 ance with applicable cost principles, including— 

14 (i) cash; 

15 (ii) personnel costs; 

16 (iii) the value of a service, other re17 source, or third-party in-kind contribution 

18 determined in accordance with the applica19 ble circular of the Office of Management 

20 and Budget; 

21 (iv) indirect costs or facilities and ad22 ministrative costs; or 

23 (v) any funds received under the 

24 power program of the Tennessee Valley 

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1 istration (except to the extent that such 

2 funds are made available under an annual 

3 appropriations Act); 

4 (B) shall include contributions made by 

5 State, tribal, or local government entities and 

6 private entities; and 

7 (C) shall not include— 

8 (i) revenues or royalties from the pro9 spective operation of an activity beyond the 

10 period covered by the grant; or 

11 (ii) proceeds from the prospective sale 

12 of an asset of an activity. 

13 (3) NO REPAYMENT OF FEDERAL SHARE.—The 

14 Secretary shall not require repayment of the Federal 

15 share of an activity carried out using a grant pro16 vided under this section as a condition of providing 

17 the grant. 

18 (g) REPORTS.— 

19 (1) IN GENERAL.—For purposes of analyzing 

20 the grant program under this section, the Secretary 

21 shall— 

22 (A) determine the data required to be sub23 mitted to the Secretary by grant recipients as 

24 a condition of receiving grants; and 


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1 (B) develop metrics to evaluate the per2 formance of the grant recipients. 

3 (2) PRIVACY PROTECTIONS.—In carrying out 

4 this subsection, the Secretary shall provide appro5 priate protections for consumer privacy. 

6 (h) FUNDING.—The Secretary shall use to carry out 

7 this section not more than $1,000,000,000 for each fiscal 

8 year from the Climate Fund. 

9 SEC. 704. CLIMATE JUSTICE RESILIENCY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) CLIMATE IMPACTS.— 

12 (A) IN GENERAL.—The term ‘‘climate im13 pacts’’ means the damage to the health of 

14 human and natural environments, habitats, and 

15 the economy caused by factors such as erratic 

16 climate and weather extremes due to excess car17 bon pollution in the atmosphere. 

18 (B) INCLUSIONS.—The term ‘‘climate im19 pacts’’ includes— 

20 (i) the increased frequency of— 

21 (I) extreme weather, such as hur22 ricanes, tornadoes, and snowstorms; 

23 (II) floods; 

24 (III) wildfires; 

25 (IV) droughts; 


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1 (V) disease; and 

2 (VI) heatwaves; 

3 (ii) sea level rise; 

4 (iii) ocean acidification; and 

5 (iv) altered— 

6 (I) ecosystems and habitats; and 

7 (II) soil health and crop avail8 ability. 

9 (2) CLIMATE JUSTICE RESILIENCY PROJECT.— 

10 The term ‘‘climate justice resiliency project’’ means 

11 a project, plan, fund, or other proposal to mitigate 

12 climate impacts on a climate resiliency hotspot com13 munity. 

14 (3) CLIMATE RESILIENCY HOTSPOT COMMU15 NITY.—The term ‘‘climate resiliency hotspot commu16 nity’’ means a community that is— 

17 (A) likely to experience climate impacts; 

18 (B) traditionally unable to afford the man19 agement or mitigation of climate impacts; and 

20 (C) likely to receive a high score in the re21 port described in subsection (i). 

22 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means— 

24 (A) a State; 

25 (B) an Indian tribe; 


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1 (C) a territory; 

2 (D) a municipality; 

3 (E) a county; 

4 (F) a locality; 

5 (G) a native Hawaiian community; and 

6 (H) a nonprofit community organization. 

7 (b) ESTABLISHMENT.—The Administrator, in con8 sultation with the Council, shall establish a Climate Jus9 tice Resiliency Grant Program to provide block grants to 

10 eligible entities to promote climate justice resiliency 

11 projects described in subsection (g). 

12 (c) ENVIRONMENTAL JUSTICE STUDY.— 

13 (1) IN GENERAL.—To facilitate administration 

14 of grants under this section, not later than 1 year 

15 after the date of enactment of this Act, the Council 

16 shall conduct a county-by-county or equivalent re17 gional or tribal environmental justice study to iden18 tify climate resiliency hotspot communities. 

19 (2) REQUIREMENTS.—The study described in 

20 paragraph (1)— 

21 (A) shall be conducted in consultation 

22 with— 

23 (i) climate resiliency hotspot commu24 nities; and 


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1 (ii) communities that are likely to re2 ceive a high score in the report described 

3 in subsection (i); 

4 (B) shall identify localities based on geo5 graphical proximity to climate impacts, socio6 economic, public health, and environmental haz7 ard criteria; and 

8 (C) may include an area— 

9 (i) that is disproportionately affected 

10 by climate impacts or other hazards that 

11 lead to negative public health effects, expo12 sure, or environmental degradation; 

13 (ii) with a concentration of individuals 

14 who have— 

15 (I) a low income; 

16 (II) high unemployment; 

17 (III) a low level of homeowner18 ship; 

19 (IV) a high rent burden; 

20 (V) a low level of educational at21 tainment; or 

22 (VI) a disproportionate health 

23 burden; or 

24 (iii) with a climate-sensitive popu25 lation. 


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1 (d) ELIGIBILITY FOR GRANT FUNDS.— 

2 (1) IN GENERAL.—To be eligible to receive a 

3 grant under this section, an eligible entity shall sub4 mit to the Council a plan for a climate justice resil5 iency investment for not less than 5 years that de6 scribes climate justice resiliency projects prioritized 

7 based on the study carried out under subsection (c). 

8 (2) CONTENTS.—The multiyear plan described 

9 in paragraph (1) shall include— 

10 (A) a description of— 

11 (i) the proposed climate justice resil12 iency project; and 

13 (ii) the climate resiliency hotspot com14 munities intended to benefit from the pro15 posed climate justice resiliency project; 

16 (B) the expected climate resiliency im17 provement benefits; and 

18 (C) a funding level request. 

19 (e) APPLICATION PROCESS.—The Council shall es20 tablish application requirements for participation in the 

21 Climate Justice Resiliency Grant Program established 

22 under subsection (b). 

23 (f) GRANT FUNDS.—The Administrator, in consulta24 tion with the Council, shall award to eligible entities grant 


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1 funds commensurate with the duration and scope of the 

2 proposed climate justice resiliency project. 

3 (g) CLIMATE JUSTICE RESILIENCY PROJECTS.— 

4 (1) IN GENERAL.—Subject to paragraph (2), an 

5 eligible entity may use grant funds made available 

6 under this section to carry out a climate justice re7 siliency project, including— 

8 (A) a project related to— 

9 (i) climate impact disaster adaptation 

10 and planning; 

11 (ii) wetland restoration; 

12 (iii) mine reclamation; 

13 (iv) a seawall, levee, or other coastal 

14 flood mitigation effort; 

15 (v) the development of— 

16 (I) a community evacuation plan; 

17 (II) resources for safe and com18 plete evacuation; 

19 (III) a community plan for re20 turning after an evacuation; or 

21 (IV) a plan for funding for the 

22 relocation of Indian tribes in the event 

23 of a climate impact disaster; 

24 (vi) brownfields redevelopment; 

25 (vii) rural water and waste disposal; 


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1 (viii) lead and asbestos hazard reduc2 tion in homes with high flood, hurricane, 

3 or sea level rise exposure risk; 

4 (ix) flood and wildfire mapping, plan5 ning, and adaptation; 

6 (x) public transportation; 

7 (xi) vehicle traffic emissions exposure 

8 reduction; 

9 (xii) a road or bridge that facilitates 

10 disaster evacuation; 

11 (xiii) a local food cooperative or mar12 ket; 

13 (xiv) public sewage; 

14 (xv) broadband Internet; 

15 (xvi) a microgrid; 

16 (xvii) air conditioning units for low-in17 come housing; or 

18 (xviii) emergency communication in19 frastructure; 

20 (B) a fund established to assist evacuees to 

21 return home after an evacuation; or 

22 (C) a disaster loan. 

23 (2) EXCLUSIONS.—An eligible entity shall not 

24 use funds made available under this section to carry 

25 out an activity relating to— 


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1 (A) the generation of electricity; 

2 (B) carbon capture or sequestration; or 

3 (C) a highway. 

4 (h) COST-SHARING REQUIREMENT.—The Council— 

5 (1) shall require eligible entities that receive 

6 funds under this section to enter into a cost-sharing 

7 agreement for, at a minimum, 20 percent of the 

8 total cost of the proposed climate justice resiliency 

9 project; and 

10 (2) may, at the discretion of the Council, waive 

11 the cost-sharing requirement described in paragraph 

12 (1). 

13 (i) REPORT TO CONGRESS.—Not later than 180 days 

14 after the date of enactment of this Act, the Council shall 

15 submit to the appropriate committees of Congress a report 

16 that describes— 

17 (1) in detail the manner in which this section 

18 will be carried out; and 

19 (2) the results of the study required under sub20 section (c), including a score for each locality stud21 ied based on the level of climate impacts experienced 

22 by the locality. 

23 (j) REGULATIONS.—The Administrator, in consulta24 tion with the Council, may promulgate regulations to carry 

25 out this section. 


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1 (k) FUNDING.—The Administrator shall use to carry 

2 out this section from the Climate Fund not more than— 

3 (1) $2,000,000,000 for the first fiscal year be4 ginning after the date of enactment of this Act 

5 through fiscal year 2030; and 

6 (2) $10,000,000 for each fiscal year thereafter. 

7 TITLE VIII—MISCELLANEOUS 

8 SEC. 801. TAX AMENDMENTS REVIEW. 

9 Not later than December 31, 2035, the Secretary, in 

10 consultation with the Secretary of the Treasury, shall— 

11 (1) review the amendments to the Internal Rev12 enue Code of 1986 made by this Act to determine 

13 if the amendments are effective and should continue; 

14 and 

15 (2) report to Congress any recommended modi16 fications to the amendments. 

Æ 


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