I 

116TH CONGRESS 

2D SESSION H. R. 7516 

To advance innovation in and deployment of zero-emission electricity 

technology, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2020 

Ms. DEGETTE (for herself, Mr. HUFFMAN, and Mr. PETERS) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, Ways and Means, Transportation and Infrastructure, and Education and Labor, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To advance innovation in and deployment of zero-emission 

electricity technology, 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 ‘‘Clean Energy Innovation and Deployment Act of 2020’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—INVESTMENT IN CLEAN ENERGY TECHNOLOGY 

INNOVATION 

Sec. 100. Purpose. 

Subtitle A—Clean Energy Deployment Administration 

Sec. 101. Definitions. 

Sec. 102. Energy technology deployment goals. 

Sec. 103. Clean Energy Deployment Administration. 

Sec. 104. Administration functions. 

Sec. 105. Improvements to existing clean energy investment programs. 

Sec. 106. Federal credit authority. 

Sec. 107. General provisions. 

Subtitle B—Beneficial Electrification 

Sec. 111. Innovation in electric vehicles through the advanced technology manufacturing incentive program. 

Sec. 112. Deployment of electric vehicles through tax credits. 

Sec. 113. Deployment of electric vehicle charging infrastructure through supply 

equipment programs. 

Sec. 114. Deployment of energy efficient buildings through tax credits. 

Sec. 115. Deployment of energy efficient buildings through grants. 

Subtitle C—Zero-Emission Electricity Generation Technology 

Sec. 121. Deployment of solar and wind technology through tax credits. 

Sec. 122. Energy tax credit monetization. 

Sec. 123. Innovation in energy storage through research, development, and 

demonstration. 

Sec. 124. Deployment of energy storage through tax credits. 

Sec. 125. Normalization opt-out for utilities. 

Sec. 126. Deployment of carbon capture utilization and storage through tax 

credits. 

Sec. 127. Innovation in advanced nuclear technology through demonstration. 

Sec. 128. Innovation in carbon removal, utilization, and storage through research, development, and demonstration. 

Sec. 129. Deployment of electric grid modernization through grants. 

Sec. 130. Prize competition for electricity-related technologies for remote communities. 

Sec. 131. Report to Congress. 

Subtitle D—Davis-Bacon Compliance 

Sec. 141. Davis-Bacon compliance. 

TITLE II—ZERO-EMISSION ELECTRICITY STANDARD 

Sec. 200. Purpose. 

Subtitle A—Zero-Emission Electricity Standard 

Sec. 201. Definitions. 

Sec. 202. Zero-emission electricity requirement. 

Sec. 203. Zero-emission electricity credit trading program. 

Sec. 204. Determination and issuance of quantity of zero-emission electricity 

credits. 


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Sec. 205. Carbon Mitigation Fund. 

Sec. 206. State programs. 

Sec. 207. Report to Congress. 

Sec. 208. Information collection. 

Sec. 209. Civil penalties. 

Sec. 210. Regulations. 

Subtitle B—Methane Regulation 

Sec. 211. Methane regulation. 

TITLE III—INCENTIVES FOR THE ACCELERATED DEPLOYMENT 

OF 100-PERCENT ZERO-EMISSION ELECTRICITY SYSTEM 

Sec. 300. Purpose. 

Sec. 301. Zero-emission electricity acceleration investment tax credit. 

Sec. 302. Zero-emission electricity acceleration grants. 

TITLE IV—LOW-INCOME RATE-PAYER PROTECTION 

Sec. 400. Purpose. 

Sec. 401. Weatherization assistance program. 

Sec. 402. LIHEAP authorization. 

TITLE V—ENERGY WORKFORCE TRANSITION AND TRAINING 

Sec. 500. Purposes. 

Subtitle A—State Energy Plans 

Sec. 501. State energy plans. 

Sec. 502. Authorization of appropriations. 

Subtitle B—Energy Workforce Transition 

Sec. 511. Definitions. 

Sec. 512. Energy Workforce Transition Office and Advisory Committee. 

Sec. 513. Energy workforce transition plans and reemployment of affected 

workers. 

Subtitle C—Modern Energy Workforce Development 

Sec. 521. Definitions. 

Sec. 522. Modern energy workforce development. 

Sec. 523. Zero-emission economy workforce pilot program. 

Sec. 524. University Zero-Emission Energy Leadership Program. 

Sec. 525. Climate Resiliency Corps. 

Sec. 526. Authorization of appropriations. 


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1 TITLE I—INVESTMENT IN CLEAN 

2 ENERGY TECHNOLOGY INNO3 VATION 

4 SEC. 100. PURPOSE. 

5 The purpose of this title is to employ a wide range 

6 of measures to bring promising clean energy technologies 

7 to the point of commercial-availability, including through 

8 the activities of a Clean Energy Deployment Administra9 tion. 

10 Subtitle A—Clean Energy 

11 Deployment Administration 

12 SEC. 101. DEFINITIONS. 

13 In this subtitle: 

14 (1) ADMINISTRATION.—The term ‘‘Administra15 tion’’ means the Clean Energy Deployment Adminis16 tration established by section 103. 

17 (2) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Administra19 tion. 

20 (3) ADVISORY COUNCIL.—The term ‘‘Advisory 

21 Council’’ means the Energy Technology Advisory 

22 Council of the Administration. 

23 (4) BREAKTHROUGH TECHNOLOGY.—The term 

24 ‘‘breakthrough technology’’ means a clean energy 

25 technology that— 


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1 (A) presents a significant opportunity to 

2 advance the goals developed by the Secretary 

3 under section 102, as assessed under the meth4 odology established by the Advisory Council; 

5 and 

6 (B) has not been determined by the Sec7 retary to be commercially ready. 

8 (5) CLEAN ENERGY TECHNOLOGY.—The term 

9 ‘‘clean energy technology’’ means a technology re10 lated to the production, use, transmission, storage, 

11 control, or conservation of energy that will con12 tribute to the stabilization of the climate by reducing 

13 greenhouse gas emissions or sequestering or utilizing 

14 carbon dioxide and— 

15 (A) reduce the need for additional energy 

16 supplies by using existing energy supplies with 

17 greater efficiency; 

18 (B) transmit, distribute, or transport en19 ergy with greater effectiveness through the in20 frastructure of the United States; or 

21 (C) increase and diversify the sources of 

22 energy in the United States in a way that will 

23 reduce risk to human health, safety, and wel24 fare and the environment and create energy se25 curity. 


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1 (6) COST.—The term ‘‘cost’’ has the meaning 

2 given the term in section 502 of the Federal Credit 

3 Reform Act of 1990 (2 U.S.C. 661a). 

4 (7) DIRECT LOAN.—The term ‘‘direct loan’’ has 

5 the meaning given the term in section 502 of the 

6 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 

7 (8) ENERGY TRANSITION COMMUNITY.—The 

8 term ‘‘energy transition community’’ has the mean9 ing given such term in section 511 of this Act. 

10 (9) FINANCIAL INSTITUTION.—The term ‘‘fi11 nancial institution’’ means— 

12 (A) an insured bank (as defined in section 

13 3(h) of the Federal Deposit Insurance Act (12 

14 U.S.C. 1813(h))); 

15 (B) a commercial bank or trust company; 

16 (C) a private banker; 

17 (D) an agency or branch of a foreign bank 

18 in the United States; 

19 (E) any credit union; 

20 (F) a thrift institution; 

21 (G) a broker or dealer registered with the 

22 Securities and Exchange Commission under the 

23 Securities Exchange Act of 1934 (15 U.S.C. 

24 78a et seq.); 


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1 (H) a broker or dealer in securities or 

2 commodities; 

3 (I) an investment banker or investment 

4 company; 

5 (J) an insurance company; and 

6 (K) a loan or finance company. 

7 (10) FUND.—The term ‘‘Fund’’ means the 

8 Clean Energy Investment Fund established by sec9 tion 105(a). 

10 (11) LOAN GUARANTEE.—The term ‘‘loan guar11 antee’’ has the meaning given the term in section 

12 502 of the Federal Credit Reform Act of 1990 (2 

13 U.S.C. 661a). 

14 (12) NATIONAL LABORATORY.—The term ‘‘Na15 tional Laboratory’’ has the meaning given the term 

16 in section 2 of the Energy Policy Act of 2005 (42 

17 U.S.C. 15801). 

18 (13) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of Energy. 

20 (14) SECURITY.—The term ‘‘security’’ has the 

21 meaning given the term in section 2 of the Securities 

22 Act of 1933 (15 U.S.C. 77b). 

23 (15) SMALL BUSINESS.—The term ‘‘small busi24 ness’’ means a business which is independently 

25 owned and operated and which is not dominant in 


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1 its field of operation. The term ‘‘small business’’ 

2 may be further defined by the Administrator by the 

3 number of employees, dollar volume of business, net 

4 worth, net income, or other factors. 

5 (16) STATE.—The term ‘‘State’’ means— 

6 (A) a State; 

7 (B) the District of Columbia; 

8 (C) the Commonwealth of Puerto Rico; 

9 and 

10 (D) any other territory or possession of the 

11 United States. 

12 SEC. 102. ENERGY TECHNOLOGY DEPLOYMENT GOALS. 

13 (a) GOALS.—Not later than 1 year after the date of 

14 enactment of this Act, the Secretary, in consultation with 

15 the Advisory Council, shall develop and publish for review 

16 and comment in the Federal Register near-, medium-, and 

17 long-term goals (including numerical performance targets 

18 at appropriate intervals to measure progress toward those 

19 goals) for the deployment of clean energy technologies 

20 through the credit support programs established by this 

21 subtitle to promote— 

22 (1) the deployment, by not later than 2050, of 

23 electric generating capacity with net-zero greenhouse 

24 gas emissions, that is sufficient to reliably meet the 


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1 projected energy demand of the United States in 

2 2050; 

3 (2) clean energy technologies in vehicles and 

4 fuels that will substantially reduce the reliance of 

5 the United States on foreign sources of energy and 

6 insulate consumers from the volatility of global en7 ergy markets; 

8 (3) a domestic commercialization and manufac9 turing capacity that will establish the United States 

10 as a world leader in clean energy technologies across 

11 multiple sectors; 

12 (4) the installation of electricity transmission 

13 infrastructure with the capacity to provide the cost14 effective deployment of zero-emission electricity tech15 nologies appropriate to each region of the United 

16 States; 

17 (5) the transformation of the building stock of 

18 the United States to net zero energy consumption; 

19 (6) the recovery, use, and prevention of waste 

20 energy; 

21 (7) domestic manufacturing of clean energy 

22 technologies on a scale that is sufficient to achieve 

23 price parity with conventional energy sources; 

24 (8) domestic production of commodities and 

25 materials, including steel, chemicals, polymers, and 


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1 cement, through the use of clean energy technologies 

2 that will establish the United States as a world lead3 er in the environmentally-sustainable production of 

4 such commodities and materials; 

5 (9) a robust, efficient, and interactive electricity 

6 transmission grid that will allow for the incorpora7 tion of clean energy technologies, distributed genera8 tion, smart grid functions, and demand-response in 

9 each regional electric grid; 

10 (10) a variety of financial products intended to 

11 allow owners and users of residential, retail, com12 mercial, and industrial buildings to make energy ef13 ficiency and distributed generation technology in14 vestments with reasonable payback periods; and 

15 (11) such other goals as the Secretary, in con16 sultation with the Advisory Council, determines to be 

17 consistent with this subtitle. 

18 (b) REVISIONS.—The Secretary shall revise the goals 

19 established under subsection (a), from time to time as ap20 propriate, to account for advances in technology and infra21 structure. 

22 SEC. 103. CLEAN ENERGY DEPLOYMENT ADMINISTRATION. 

23 (a) ESTABLISHMENT.— 

24 (1) IN GENERAL.—There is established in the 

25 Department of Energy an administration, to be 


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1 known as the Clean Energy Deployment Administra2 tion. There shall be at the head of the Administra3 tion an Administrator and a Board of Directors, 

4 who shall be appointed by the President with the ad5 vice and consent of the Senate. 

6 (2) STATUS.— 

7 (A) IN GENERAL.—The Administration 

8 (including officers, employees, and agents of the 

9 Administration) shall not be responsible to, or 

10 subject to the authority, direction, or control of, 

11 any other officer, employee, or agent of the De12 partment of Energy other than the Secretary, 

13 acting through the Administrator. 

14 (B) EXEMPTION FROM REORGANIZA15 TION.—The Administration shall be exempt 

16 from the reorganization authority provided 

17 under section 643 of the Department of Energy 

18 Organization Act (42 U.S.C. 7253). 

19 (C) INSPECTOR GENERAL.—Section 12 of 

20 the Inspector General Act of 1978 (5 U.S.C. 

21 App.) is amended— 

22 (i) in paragraph (1), by inserting ‘‘the 

23 Administrator of the Clean Energy Deploy24 ment Administration;’’ after ‘‘Export-Im25 port Bank;’’; and 


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1 (ii) in paragraph (2), by inserting 

2 ‘‘the Clean Energy Deployment Adminis3 tration,’’ after ‘‘Export-Import Bank,’’. 

4 (3) OFFICES.— 

5 (A) PRINCIPAL OFFICE.—The Administra6 tion shall— 

7 (i) maintain the principal office of the 

8 Administration in the District of Columbia; 

9 and 

10 (ii) for purposes of venue in civil ac11 tions, be considered to be a resident of the 

12 District of Columbia. 

13 (B) OTHER OFFICES.—The Administration 

14 may establish other offices in such other places 

15 as the Administration considers necessary or 

16 appropriate for the conduct of the business of 

17 the Administration. 

18 (b) ADMINISTRATOR.— 

19 (1) IN GENERAL.—The Administrator shall 

20 be— 

21 (A) appointed by the President, with the 

22 advice and consent of the Senate, for a 5-year 

23 term; and 

24 (B) compensated at the annual rate of 

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1 tive Schedule under section 5313 of title 5, 

2 United States Code. 

3 (2) DUTIES.—The Administrator shall— 

4 (A) serve as— 

5 (i) the Chief Executive Officer of the 

6 Administration; and 

7 (ii) the Chairman of the Board of Di8 rectors; 

9 (B) consult with the Secretary of Agri10 culture, the Secretary of the Interior, the Ad11 ministrator of the Environmental Protection 

12 Agency, and the heads of other agencies as ap13 propriate, in carrying out the duties described 

14 in this paragraph; 

15 (C) ensure that— 

16 (i) the Administration operates in a 

17 safe and sound manner, including mainte18 nance of adequate capital and internal con19 trols (consistent with section 404 of the 

20 Sarbanes-Oxley Act of 2002 (15 U.S.C. 

21 7262)); 

22 (ii) the operations and activities of the 

23 Administration foster liquid, efficient, com24 petitive, and resilient energy and energy ef25 ficiency finance markets; 


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1 (iii) the Administration carries out 

2 this subtitle only through activities that 

3 are authorized under and consistent with 

4 this subtitle; and 

5 (iv) the activities of the Administra6 tion and the manner in which the Adminis7 tration is operated are consistent with the 

8 public interest; 

9 (D) develop policies and procedures for the 

10 Administration that will— 

11 (i) promote a self-sustaining portfolio 

12 of investments that will maximize the value 

13 of investments to effectively promote clean 

14 energy technologies; 

15 (ii) promote transparency and open16 ness in Administration operations; 

17 (iii) afford the Administration with 

18 sufficient flexibility to carry out this sub19 title; 

20 (iv) provide for the efficient proc21 essing of applications; 

22 (v) promote the participation of pri23 vate financial institutions and other 

24 sources of private capital in investments, 


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1 on commercially reasonable terms, if and 

2 to the extent the capital is available; and 

3 (vi) promote the availability of finan4 cial products to small business by working 

5 with entities that have appropriate exper6 tise in extending credit or other relevant fi7 nancial services to small businesses that 

8 are developing clean energy technologies; 

9 (E) ensure, to the maximum extent prac10 ticable and to the extent of available resources, 

11 that on the request of any energy transition 

12 community or Indian Tribe, such energy transi13 tion community or Indian Tribe shall have 

14 available scientific and technical information 

15 and expertise for use in the regulation, develop16 ment, and management of clean energy tech17 nologies, either— 

18 (i) directly, acting through Federal of19 ficials within the Administration; or 

20 (ii) indirectly, by providing financial 

21 assistance to an energy transition commu22 nity or an Indian Tribe to secure inde23 pendent assistance in the regulation, devel24 opment, and management of clean energy 

25 technologies; and 


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1 (F) with the concurrence of the Board of 

2 Directors, establish expected loss reserves for 

3 the support provided by the Administration con4 sistent with section 104(a). 

5 (c) BOARD OF DIRECTORS.— 

6 (1) IN GENERAL.—The Board of Directors of 

7 the Administration shall consist of— 

8 (A) the Secretary or the designee of the 

9 Secretary, who shall serve as an ex-officio vot10 ing member of the Board of Directors; 

11 (B) the Administrator, who shall serve as 

12 the Chairman of the Board of Directors; and 

13 (C) 7 additional members who shall— 

14 (i) be appointed by the President, 

15 with the advice and consent of the Senate, 

16 for staggered 5-year terms; and 

17 (ii) have experience in banking or fi18 nancial services relevant to the operations 

19 of the Administration, including individuals 

20 with substantial experience in the develop21 ment of energy projects, the electricity 

22 generation sector, the transportation sec23 tor, the manufacturing sector, and the en24 ergy efficiency sector. 

25 (2) DUTIES.—The Board of Directors shall— 


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1 (A) oversee the operations of the Adminis2 tration and ensure industry best practices are 

3 followed in all financial transactions involving 

4 the Administration; 

5 (B) consult with the Administrator on the 

6 general policies and procedures of the Adminis7 tration to ensure that the interests of the tax8 payers are protected; 

9 (C) ensure that the portfolio of invest10 ments of the Administration are consistent with 

11 this subtitle and with the long-term financial 

12 stability of the Administration; 

13 (D) ensure that the operations and activi14 ties of the Administration are consistent with 

15 the development of a robust private sector that 

16 can provide commercial loans or financing prod17 ucts for clean energy technologies; and 

18 (E) not serve on a full-time basis, except 

19 that the Board of Directors shall meet at least 

20 quarterly to review, as appropriate, applications 

21 for credit support and set policies and proce22 dures as necessary. 

23 (3) REMOVAL.—An appointed member of the 

24 Board of Directors may be removed from office by 

25 the President for good cause. 


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1 (4) VACANCIES.—An appointed seat on the 

2 Board of Directors that becomes vacant shall be 

3 filled by appointment by the President, but only for 

4 the unexpired portion of the term of the vacating 

5 member. 

6 (5) COMPENSATION OF MEMBERS.—An ap7 pointed member of the Board of Directors shall be 

8 compensated at a rate equal to the daily equivalent 

9 of the annual rate of basic pay prescribed for level 

10 III of the Executive Schedule under section 5314 of 

11 title 5, United States Code, for each day (including 

12 travel time) during which the member is engaged in 

13 the performance of the duties of the Board of Direc14 tors. 

15 (d) ENERGY TECHNOLOGY ADVISORY COUNCIL.— 

16 (1) IN GENERAL.—The Administration shall 

17 have an Energy Technology Advisory Council con18 sisting of— 

19 (A) 6 members selected by the Secretary; 

20 and 

21 (B) 3 members selected by the Board of 

22 Directors of the Administration. 

23 (2) QUALIFICATIONS.—The members of the Ad24 visory Council shall— 

25 (A) have relevant scientific expertise; and 


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1 (B) in the case of the members selected by 

2 the Secretary under paragraph (1)(A), include 

3 representatives of— 

4 (i) the academic community; 

5 (ii) the private research community; 

6 (iii) National Laboratories; 

7 (iv) the technology or project develop8 ment community; 

9 (v) the commercial energy financing 

10 and operations sector; and 

11 (vi) the electric generation sector, in12 cluding at least one person who is knowl13 edgeable of the electric cooperative sector. 

14 (3) DUTIES.— 

15 (A) ADVICE.—The Advisory Council shall 

16 provide advice to the Administration regarding 

17 the technological approaches that should be 

18 supported by the Administration to meet the 

19 goals developed by the Secretary under section 

20 102. 

21 (B) METHODOLOGY FOR ASSESSMENT.— 

22 The Advisory Council shall develop and publish 

23 for comment in the Federal Register a method24 ology for the assessment of clean energy tech25 nologies. Such methodology shall— 


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1 (i) allow the Administration to evalu2 ate projects based on the progress likely to 

3 be achieved per-dollar invested in clean en4 ergy technology; and 

5 (ii) take into account the extent to 

6 which support for a clean energy tech7 nology is likely to accrue benefits that are 

8 attributable to commercial-scale deploy9 ment taking place earlier than that which 

10 otherwise would have occurred without the 

11 support. 

12 (4) TERM.— 

13 (A) IN GENERAL.—Members of the Advi14 sory Council shall have 5-year staggered terms, 

15 as determined by the Secretary and the Admin16 istrator. 

17 (B) REAPPOINTMENT.—A member of the 

18 Advisory Council may be reappointed. 

19 (5) COMPENSATION.—A member of the Advi20 sory Council, who is not otherwise compensated as 

21 a Federal employee, shall be compensated at a rate 

22 equal to the daily equivalent of the annual rate of 

23 basic pay prescribed for level IV of the Executive 

24 Schedule under section 5315 of title 5, United 

25 States Code, for each day (including travel time) 


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1 during which the member is engaged in the perform2 ance of the duties of the Advisory Council. 

3 (e) STAFF.— 

4 (1) IN GENERAL.—The Administrator, in con5 sultation with the Board of Directors, may— 

6 (A) appoint and terminate such officers, 

7 attorneys, employees, and agents as are nec8 essary to carry out this subtitle; and 

9 (B) vest those personnel with such powers 

10 and duties as the Administrator determines to 

11 be necessary. 

12 (2) DIRECT HIRE AUTHORITY.— 

13 (A) IN GENERAL.—Notwithstanding sec14 tion 3304 and sections 3309 through 3318 of 

15 title 5, United States Code, the Administrator 

16 may, on a determination that there is a severe 

17 shortage of candidates or a critical hiring need 

18 for particular positions, recruit and directly ap19 point highly qualified critical personnel with 

20 specialized knowledge important to the function 

21 of the Administration into the competitive serv22 ice. 

23 (B) EXCEPTION.—The authority granted 

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1 tions in the excepted service or the Senior Exec2 utive Service. 

3 (C) REQUIREMENTS.—In exercising the 

4 authority granted under subparagraph (A), the 

5 Administrator shall ensure that any action 

6 taken by the Administrator— 

7 (i) is consistent with the merit prin8 ciples of section 2301 of title 5, United 

9 States Code; and 

10 (ii) complies with the public notice re11 quirements of section 3327 of title 5, 

12 United States Code. 

13 (D) TERMINATION OF EFFECTIVENESS.— 

14 The authority provided by this paragraph ter15 minates effective on the date that is 3 years 

16 after the date of enactment of this Act. 

17 (3) CRITICAL PAY AUTHORITY.— 

18 (A) IN GENERAL.—Notwithstanding sec19 tion 5377 of title 5, United States Code, and 

20 without regard to the provisions of that title 

21 governing appointments in the competitive serv22 ice or the Senior Executive Service and chap23 ters 51 and 53 of that title (relating to classi24 fication and pay rates), the Administrator may 

25 establish, fix the compensation of, and appoint 


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1 individuals to critical positions needed to carry 

2 out the functions of the Administration, if the 

3 Administrator certifies that— 

4 (i) the positions require expertise of 

5 an extremely high level in a financial, tech6 nical, or scientific field; 

7 (ii) the Administration would not suc8 cessfully accomplish an important mission 

9 without such an individual; and 

10 (iii) exercise of the authority is nec11 essary to recruit an individual who is ex12 ceptionally well qualified for the position. 

13 (B) LIMITATIONS.—The authority granted 

14 under subparagraph (A) shall be subject to the 

15 following conditions: 

16 (i) The number of critical positions 

17 authorized by subparagraph (A) may not 

18 exceed 20 at any given time in the Admin19 istration. 

20 (ii) The term of an appointment 

21 under subparagraph (A) may not exceed 4 

22 years. 

23 (iii) An individual appointed under 

24 subparagraph (A) may not have been an 

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1 ing the 2-year period preceding the date of 

2 appointment. 

3 (iv) Total annual compensation for 

4 any individual appointed under subpara5 graph (A) may not exceed the highest total 

6 annual compensation payable at the rate 

7 determined under section 104 of title 3, 

8 United States Code. 

9 (v) An individual appointed under 

10 subparagraph (A) may not be considered 

11 to be an employee for purposes of sub12 chapter II of chapter 75 of title 5, United 

13 States Code. 

14 (C) NOTIFICATION.—Each year, the Ad15 ministrator shall submit to Congress a notifica16 tion that lists each individual appointed under 

17 this paragraph. 

18 SEC. 104. ADMINISTRATION FUNCTIONS. 

19 (a) DIRECT SUPPORT.— 

20 (1) IN GENERAL.—The Administration may 

21 issue direct loans, letters of credit, loan guarantees, 

22 insurance products, or such other credit support (in23 cluding through participation as a co-lender or a 

24 lending member of a syndication) as the Adminis25 trator considers appropriate to deploy clean energy 


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1 technologies if the Administrator has determined 

2 that deployment of the technologies would benefit or 

3 be accelerated by the support. 

4 (2) ELIGIBILITY CRITERIA.—In carrying out 

5 this subsection and awarding credit support to 

6 projects, the Administrator shall account for— 

7 (A) how the technology rates based on an 

8 evaluation methodology established by the Advi9 sory Council; 

10 (B) how the project fits with the goals de11 veloped by the Secretary under section 102; and 

12 (C) the potential for the applicant to suc13 cessfully complete the project. 

14 (3) RISK.— 

15 (A) TECHNOLOGY RISK.—In this para16 graph, the term ‘‘technology risk’’— 

17 (i) means risk during construction or 

18 operation associated with the design, devel19 opment, or deployment of a clean energy 

20 technology from the perspective of com21 mercial lenders, that may be increased as 

22 a result of the absence of adequate histor23 ical construction, operating, or perform24 ance data from commercial applications of 

25 the technology; and 


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1 (ii) includes risk associated with the 

2 cost, schedule, performance, reliability, 

3 maintenance, and the perception of risk. 

4 (B) EXPECTED LOAN LOSS RESERVE.— 

5 The Administrator shall establish an expected 

6 loan loss reserve to account for estimated losses 

7 attributable to activities under this section that 

8 is consistent with the purposes of— 

9 (i) developing breakthrough tech10 nologies to the point at which the associ11 ated technology risk is largely mitigated; 

12 (ii) achieving widespread deployment 

13 and advancing the commercial viability of 

14 clean energy technologies; and 

15 (iii) advancing the goals developed by 

16 the Secretary under section 102. 

17 (C) INITIAL EXPECTED LOAN LOSS RE18 SERVE.—Until such time as the Administrator 

19 determines sufficient data exist to establish an 

20 expected loan loss reserve that is appropriate, 

21 the Administrator shall consider establishing an 

22 initial rate of 10 percent for the portfolio of in23 vestments under this subtitle. 

24 (D) PORTFOLIO INVESTMENT AP25 PROACH.—The Administration shall— 


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1 (i) use a portfolio investment ap2 proach to mitigate risk and diversify in3 vestments across technologies; 

4 (ii) to the maximum extent practicable 

5 and consistent with long-term self-suffi6 ciency, weigh the portfolio of investments 

7 in projects to advance goals developed by 

8 the Secretary under section 102; and 

9 (iii) consistent with the expected loan 

10 loss reserve established under this para11 graph, provide the maximum practicable 

12 percentage of support to promote break13 through technologies. 

14 (E) LOSS RATE REVIEW.— 

15 (i) IN GENERAL.—The Board of Di16 rectors shall review on an annual basis the 

17 loss rates of the portfolio to determine the 

18 adequacy of the reserves. 

19 (ii) REPORT.—Not later than 90 days 

20 after the date of the initiation of each re21 view under clause (i), the Administrator 

22 shall submit to the Committee on Energy 

23 and Commerce of the House of Represent24 atives and the Committee on Energy and 

25 Natural Resources of the Senate a report 


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1 describing the results of the review and 

2 any recommended policy changes. 

3 (4) APPLICATION REVIEW.— 

4 (A) IN GENERAL.—To the maximum ex5 tent practicable and consistent with sound busi6 ness practices, the Administration shall seek to 

7 consolidate reviews of applications for credit 

8 support under this subtitle such that final deci9 sions on applications can be issued not later 

10 than 180 days after the date of submission of 

11 a completed application. 

12 (B) ENVIRONMENTAL REVIEW.—In car13 rying out this subtitle, the Administration shall, 

14 to the maximum extent practicable— 

15 (i) avoid duplicating efforts that have 

16 already been undertaken by other agencies, 

17 including State agencies acting under Fed18 eral programs; and 

19 (ii) with the advice of the Council on 

20 Environmental Quality and any other ap21 plicable agencies, use the administrative 

22 records of similar reviews conducted 

23 throughout the executive branch to develop 

24 the most expeditious review process prac25 ticable. 


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1 (5) WAGE RATE REQUIREMENTS.—With respect 

2 to the labor standards specified in this section, the 

3 Secretary of Labor shall have the authority and 

4 functions set forth in Reorganization Plan Num5 bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 

6 and section 3145 of title 40, United States Code. 

7 (b) INDIRECT SUPPORT.— 

8 (1) IN GENERAL.—The Administration shall 

9 work to develop financial products and arrangements 

10 to promote widespread deployment of, and private 

11 sector support of, clean energy technologies by facili12 tating aggregation of small projects and by pro13 viding indirect credit support, including credit en14 hancement. 

15 (2) FINANCIAL PRODUCTS.—The Administra16 tion— 

17 (A) in cooperation with Federal, State, 

18 local, and private sector entities, shall develop 

19 debt instruments that directly aggregate, or 

20 provide for the aggregation of, projects for the 

21 deployment of clean energy technology on a 

22 scale appropriate for residential or commercial 

23 applications; and 

24 (B) may insure, purchase, and make com25 mitments to purchase, any debt instrument asVerDate Sep 11 2014 05:13 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H7516.IH H7516

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1 sociated with the deployment of a clean energy 

2 technology (including instruments secured by 

3 liens or other collateral related to the funding 

4 of clean energy technology) for the purposes of 

5 enhancing the availability of private financing 

6 for deployment of clean energy technology. 

7 (3) DISPOSITION OF DEBT OR INTEREST.—The 

8 Administration may acquire, hold, and sell or other9 wise dispose of, pursuant to commitments or other10 wise, any debt associated with the deployment of 

11 clean energy technologies or interest in the debt. 

12 (4) PRICING.— 

13 (A) IN GENERAL.—The Administrator may 

14 establish requirements, and impose charges or 

15 fees, which may be regarded as elements of 

16 pricing, for different classes of sellers, servicers, 

17 or services. 

18 (B) CLASSIFICATION OF SELLERS AND

19 SERVICERS.—For the purpose of subparagraph 

20 (A), the Administrator may classify sellers and 

21 servicers as necessary to promote transparency 

22 and liquidity and to properly characterize the 

23 risk of default. 

24 (5) ELIGIBILITY.—The Administrator shall es25 tablish— 


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1 (A) eligibility criteria for loan originators, 

2 sellers, and servicers seeking support for port3 folios of financial obligations relating to clean 

4 energy technologies to ensure the capability of 

5 the loan originators, sellers, and servicers to 

6 perform the functions required to maintain the 

7 expected performance of the portfolios; and 

8 (B) such criteria, standards, guidelines, 

9 and mechanisms such that, to the maximum ex10 tent practicable, loan originators and sellers will 

11 be able to determine the eligibility of loans for 

12 resale at the time of initial lending. 

13 (6) SECONDARY MARKET SUPPORT.— 

14 (A) IN GENERAL.—The Administration 

15 may lend on the security of, and make commit16 ments to lend on the security of, any debt that 

17 the Administration has issued or is authorized 

18 to purchase under this section. 

19 (B) AUTHORIZED ACTIONS.—On such 

20 terms and conditions as the Administrator may 

21 prescribe, the Administration may, based on the 

22 debt and with the concurrence of the Board of 

23 Directors— 

24 (i) give security or guarantee; 

25 (ii) pay interest or other return; and 


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1 (iii) issue notes, debentures, bonds, or 

2 other obligations or securities. 

3 (7) LENDING ACTIVITIES.— 

4 (A) IN GENERAL.—The Administrator 

5 shall determine— 

6 (i) the volume of the lending activities 

7 of the Administration; and 

8 (ii) the types of loan ratios, risk pro9 files, interest rates, maturities, and 

10 charges or fees in the secondary market 

11 operations of the Administration. 

12 (B) OBJECTIVES.—Determinations under 

13 subparagraph (A) shall be consistent with the 

14 objectives of— 

15 (i) providing an attractive investment 

16 environment for clean energy technologies; 

17 (ii) making the operations of the Ad18 ministration self-supporting over the long 

19 term; and 

20 (iii) advancing the goals developed by 

21 the Secretary under section 102. 

22 SEC. 105. IMPROVEMENTS TO EXISTING CLEAN ENERGY IN23 VESTMENT PROGRAMS. 

24 (a) CLEAN ENERGY INVESTMENT FUND.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a revolving fund, 

3 to be known as the Clean Energy Investment Fund, 

4 consisting of— 

5 (A) such amounts as are deposited in the 

6 Fund under this subtitle and amendments made 

7 by this subtitle; and 

8 (B) such sums as may be appropriated to 

9 the Fund. 

10 (2) EXPENDITURES FROM FUND.— 

11 (A) IN GENERAL.—Amounts in the Fund 

12 shall be available to the Secretary for obligation 

13 without fiscal year limitation, to remain avail14 able until expended. 

15 (B) ADMINISTRATIVE EXPENSES.— 

16 (i) FEES.—Fees collected by the Sec17 retary of the Treasury for expenses related 

18 to the administrative needs of the Fund 

19 shall be available without limitation to 

20 cover applicable expenses. 

21 (ii) FUND.—To the extent that ad22 ministrative expenses are not reimbursed 

23 through fees, an amount not to exceed 1.5 

24 percent of the amounts in the Fund as of 

25 the beginning of each fiscal year shall be 


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1 available to pay the administrative ex2 penses for the fiscal year necessary to 

3 carry out title XVII of the Energy Policy 

4 Act of 2005 (42 U.S.C. 16511 et seq.). 

5 (3) TRANSFERS OF AMOUNTS.— 

6 (A) IN GENERAL.—The amounts required 

7 to be transferred to the Fund under this sub8 section shall be transferred at least monthly 

9 from the general fund of the Treasury to the 

10 Fund on the basis of estimates made by the 

11 Secretary of the Treasury. 

12 (B) CASH FLOWS.—Cash flows associated 

13 with costs of the Fund described in section 

14 502(5)(B) of the Federal Credit Reform Act of 

15 1990 (2 U.S.C. 661a(5)(B)) shall be trans16 ferred to appropriate credit accounts. 

17 (C) ADJUSTMENTS.—Proper adjustment 

18 shall be made in amounts subsequently trans19 ferred to the extent prior estimates were in ex20 cess of or less than the amounts required to be 

21 transferred. 

22 (b) REVISIONS TO LOAN GUARANTEE PROGRAM AU23 THORITY.— 

24 (1) DEFINITION OF COMMERCIAL TECH25 NOLOGY.—Section 1701(1) of the Energy Policy Act 


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1 of 2005 (42 U.S.C. 16511(1)) is amended by strik2 ing subparagraph (B) and inserting the following: 

3 ‘‘(B) EXCLUSION.—The term ‘commercial 

4 technology’ does not include a technology if the 

5 sole use of the technology is in connection 

6 with— 

7 ‘‘(i) any demonstration project; or 

8 ‘‘(ii) a project for which the Secretary 

9 approved a guarantee.’’. 

10 (2) SPECIFIC APPROPRIATION OR CONTRIBU11 TION.—Section 1702 of the Energy Policy Act of 

12 2005 (42 U.S.C. 16512) is amended by striking sub13 section (b) and inserting the following: 

14 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU15 TION.— 

16 ‘‘(1) IN GENERAL.—No guarantee shall be 

17 made unless sufficient amounts to account for the 

18 cost are available— 

19 ‘‘(A) in unobligated balances within the 

20 Clean Energy Investment Fund established 

21 under section 105(a) of the Clean Energy Inno22 vation and Deployment Act of 2020; 

23 ‘‘(B) as a payment from the borrower and 

24 the payment is deposited in the Clean Energy 

25 Investment Fund; or 


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1 ‘‘(C) in any combination of balances and 

2 payments described in subparagraphs (A) and 

3 (B), respectively. 

4 ‘‘(2) LIMITATION.—The source of payments re5 ceived from a borrower under paragraph (1)(B) shall 

6 not be a loan or other debt obligation that is made 

7 or guaranteed by the Federal Government. 

8 ‘‘(3) RELATION TO OTHER LAWS.—Section 

9 504(b) of the Federal Credit Reform Act of 1990 (2 

10 U.S.C. 661c(b)) shall not apply to a guarantee 

11 under this section.’’. 

12 (3) SUBROGATION.—Section 1702(g)(2) of the 

13 Energy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) 

14 is amended by striking subparagraphs (B) and (C) 

15 and inserting the following: 

16 ‘‘(B) SUPERIORITY OF RIGHTS.—Except as 

17 provided in subparagraph (C), the rights of the 

18 Secretary, with respect to any property ac19 quired pursuant to a guarantee or related 

20 agreements, shall be superior to the rights of 

21 any other person with respect to the property. 

22 ‘‘(C) TERMS AND CONDITIONS.—A guar23 antee agreement shall include such detailed 

24 terms and conditions as the Secretary deter25 mines appropriate to— 


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1 ‘‘(i) protect the interests of the United 

2 States in the case of default; 

3 ‘‘(ii) have available all the patents and 

4 technology necessary for any person se5 lected, including the Secretary, to complete 

6 and operate the project; 

7 ‘‘(iii) provide for sharing the proceeds 

8 received from the sale of project assets 

9 with other creditors or control the disposi10 tion of project assets if necessary to pro11 tect the interests of the United States in 

12 the case of default; and 

13 ‘‘(iv) provide such lien priority in 

14 project assets as necessary to protect the 

15 interests of the United States in the case 

16 of a default.’’. 

17 (4) FEES.—Section 1702(h) of the Energy Pol18 icy Act of 2005 (42 U.S.C. 16512(h)) is amended by 

19 striking paragraph (2) and inserting the following: 

20 ‘‘(2) AVAILABILITY.—Fees collected under this 

21 subsection shall— 

22 ‘‘(A) be deposited by the Secretary in the 

23 Clean Energy Investment Fund established 

24 under section 105(a) of Clean Energy Innova25 tion and Deployment Act of 2020; and 


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1 ‘‘(B) remain available to the Secretary for 

2 expenditure, without further appropriation or 

3 fiscal year limitation, for administrative ex4 penses incurred in carrying out this title. 

5 ‘‘(3) ADJUSTMENT.—The Secretary may adjust 

6 the amount or manner of collection of fees under 

7 this subsection as the Secretary determines is nec8 essary to deploy, to the maximum extent practicable, 

9 eligible projects under this title. 

10 ‘‘(4) EXCESS FEES.—Of the amount of a fee 

11 imposed on an applicant at the conditional commit12 ment stage, 75 percent of the amount shall be re13 fundable to the applicant if there is no financial 

14 close on the application, unless the Secretary deter15 mines that the administrative costs of the Depart16 ment have exceeded the amount retained. 

17 ‘‘(5) CREDIT REPORT.—If, in the opinion of the 

18 Secretary, the credit rating of an applicant is not 

19 relevant to the determination of whether or not sup20 port will be provided and the applicant agrees to ac21 cept the credit rating assigned to the applicant by 

22 the Secretary, the Secretary may waive any require23 ment to provide a third-party credit report.’’. 


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1 (5) PROCESSING.—Section 1702 of the Energy 

2 Policy Act of 2005 (42 U.S.C. 16512) is amended 

3 by adding at the end the following: 

4 ‘‘(l) ACCELERATED REVIEWS.—To the maximum ex5 tent practicable and consistent with sound business prac6 tices, the Secretary shall seek to conduct necessary reviews 

7 concurrently of an application for a guarantee under this 

8 title such that decisions as to whether to enter into a com9 mitment on the application can be issued not later than 

10 180 days after the date of submission of a completed ap11 plication.’’. 

12 SEC. 106. FEDERAL CREDIT AUTHORITY. 

13 (a) TRANSFER OF FUNCTIONS AND AUTHORITY.— 

14 (1) IN GENERAL.— 

15 (A) DEADLINE.—Subject to paragraph (2), 

16 on a finding by the Secretary and the Adminis17 trator that the Administration is sufficiently 

18 ready to assume the functions, and that appli19 cants to those programs will not be unduly ad20 versely affected, but in no case later than 18 

21 months after the date of enactment of this Act, 

22 the functions and authority of the Secretary de23 scribed in subparagraph (B) shall be trans24 ferred to the Administration. 


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1 (B) FUNCTIONS AND AUTHORITY.—The 

2 functions and authority of the Secretary de3 scribed in this subparagraph are functions and 

4 authority under— 

5 (i) subsection title XVII of the Energy 

6 Policy Act of 2005 (42 U.S.C. 16511 et 

7 seq.); 

8 (ii) section 2602(c) of the Energy Pol9 icy Act of 1992 (25 U.S.C. 3502(c)); and 

10 (iii) financial services and program 

11 management for grant, loan, and other 

12 credit enhancement programs authorized 

13 to be administered by the Secretary under 

14 any other provision of law, as the Sec15 retary determines appropriate. 

16 (2) FAILURE TO TRANSFER FUNCTIONS.—If the 

17 functions and authorities are not transferred to the 

18 Administration in accordance with paragraph (1), 

19 the Secretary and the Administrator shall submit to 

20 Congress a report on the reasons for delay and an 

21 expected timetable for transfer of the functions and 

22 authorities to the Administration not later than 2 

23 years after the enactment of this title and every year 

24 thereafter until the functions and authorities are 

25 transferred to the Administration. 


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1 (3) EFFECT ON EXISTING RIGHTS AND OBLIGA2 TIONS.—The transfer of functions and authority 

3 under this subsection shall not affect the rights and 

4 obligations of any party that arise under a prede5 cessor program or authority prior to the transfer 

6 under this subsection. 

7 (4) TRANSFER OF FUND AUTHORITY.— 

8 (A) IN GENERAL.—On transfer of func9 tions pursuant to paragraph (1), the Adminis10 tration shall have all authorities to make use of 

11 the Fund reserved for the Secretary before the 

12 transfer. 

13 (B) ADMINISTRATIVE EXPENSES.—Effec14 tive beginning on the date of enactment of this 

15 Act, the Administrator may make use of up to 

16 1.5 percent of the amounts in the Fund as of 

17 the beginning of each fiscal year to pay admin18 istrative expenses for that fiscal year to carry 

19 out this subtitle. 

20 (5) USE.— 

21 (A) IN GENERAL.—Amounts in the Fund 

22 shall be available for discharge of liabilities and 

23 all other expenses of the Administration, includ24 ing subsequent transfer to the respective credit 

25 accounts. 


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1 (B) LIABILITY.—All activities of the Ad2 ministration that could result in a liability for 

3 the United States shall be transparently ac4 counted for and no obligation or liability may 

5 be incurred unless— 

6 (i) the appropriate amounts are trans7 ferred to credit accounts for activities pur8 suant to the Federal Credit Reform Act of 

9 1990 (2 U.S.C. 661a); or 

10 (ii) sufficient amounts are reserved 

11 within the Fund to account for such liabil12 ities. 

13 (6) INITIAL INVESTMENT.— 

14 (A) IN GENERAL.—On transfer of func15 tions pursuant to paragraph (1), out of any 

16 funds in the Treasury not otherwise appro17 priated, the Secretary of the Treasury shall 

18 transfer to the Fund to carry out this subtitle 

19 $10,000,000,000, to remain available until ex20 pended. 

21 (B) RECEIPT AND ACCEPTANCE.—The 

22 Fund shall be entitled to receive and shall ac23 cept, and shall be used to carry out this sub24 title, the funds transferred to the Fund under 


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1 subparagraph (A), without further appropria2 tion. 

3 (7) AUTHORIZATION OF APPROPRIATIONS.—In 

4 addition to funds made available by paragraphs (1) 

5 through (6), there are authorized to be appropriated 

6 to the Fund such sums as are necessary to carry out 

7 this subtitle. 

8 (b) PAYMENTS OF LIABILITIES.—Any payment to 

9 discharge liabilities arising from agreements under this 

10 subtitle shall be made exclusively out of the Fund or the 

11 associated credit account, as appropriate. 

12 (c) FEES.— 

13 (1) IN GENERAL.—Consistent with carrying out 

14 this subtitle, the Administrator shall charge fees or 

15 collect compensation generally in accordance with 

16 commercial rates. 

17 (2) AVAILABILITY OF FEES.—All fees collected 

18 by the Administration may be retained by the Ad19 ministration and placed in the Fund and may re20 main available to the Administration, without fur21 ther appropriation or fiscal year limitation, for use 

22 in carrying out this subtitle. 

23 (3) BREAKTHROUGH TECHNOLOGIES.—The Ad24 ministration shall charge the minimum amount in 

25 fees or compensation practicable for breakthrough 


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1 technologies, consistent with the long-term viability 

2 of the Administration, unless the Administration 

3 first determines that a higher charge will not impede 

4 the development of the technology. 

5 (4) ALTERNATIVE FEE ARRANGEMENTS.—The 

6 Administration may use such alternative arrange7 ments (such as profit participation, contingent fees, 

8 and other valuable contingent interests) as the Ad9 ministration considers appropriate to compensate the 

10 Administration for the expenses of the Administra11 tion and the risk inherent in the support of the Ad12 ministration. 

13 (d) COST TRANSFER AUTHORITY.—Amounts col14 lected by the Administration for the cost of a loan or loan 

15 guarantee shall be transferred by the Administration to 

16 the respective credit program accounts. 

17 (e) SUPPLEMENTAL BORROWING AUTHORITY.—In 

18 order to maintain sufficient liquidity for activities author19 ized under section 104(b), the Administration may issue 

20 notes, debentures, bonds, or other obligations for purchase 

21 by the Secretary of the Treasury. 

22 (f) PUBLIC DEBT TRANSACTIONS.—For the purpose 

23 of subsection (e)— 

24 (1) the Secretary of the Treasury may use as 

25 a public debt transaction the proceeds of the sale of 


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1 any securities issued under chapter 31 of title 31, 

2 United States Code; and 

3 (2) the purposes for which securities may be 

4 issued under that chapter are extended to include 

5 any purchase under this subsection. 

6 (g) MAXIMUM OUTSTANDING HOLDING.—The Sec7 retary of the Treasury shall purchase instruments issued 

8 under subsection (e) to the extent that the purchase would 

9 not increase the aggregate principal amount of the out10 standing holdings of obligations under subsection (e) by 

11 the Secretary of the Treasury to an amount that is greater 

12 than $2,000,000,000. 

13 (h) RATE OF RETURN.—Each purchase of obligations 

14 by the Secretary of the Treasury under this section shall 

15 be on terms and conditions established to yield a rate of 

16 return determined by the Secretary of the Treasury to be 

17 appropriate, taking into account the current average rate 

18 on outstanding marketable obligations of the United 

19 States as of the last day of the month preceding the pur20 chase. 

21 (i) SALE OF OBLIGATIONS.—The Secretary of the 

22 Treasury may at any time sell, on terms and conditions 

23 and at prices determined by the Secretary of the Treasury, 

24 any of the obligations acquired by the Secretary of the 

25 Treasury under this section. 


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1 (j) PUBLIC DEBT TRANSACTIONS.—All redemptions, 

2 purchases, and sales by the Secretary of the Treasury of 

3 obligations under this section shall be treated as public 

4 debt transactions of the United States. 

5 SEC. 107. GENERAL PROVISIONS. 

6 (a) IMMUNITY FROM IMPAIRMENT, LIMITATION, OR

7 RESTRICTION.— 

8 (1) IN GENERAL.—All rights and remedies of 

9 the Administration (including any rights and rem10 edies of the Administration on, under, or with re11 spect to any mortgage or any obligation secured by 

12 a mortgage) shall be immune from impairment, limi13 tation, or restriction by or under— 

14 (A) any law (other than a law enacted by 

15 Congress expressly in limitation of this para16 graph) that becomes effective after the acquisi17 tion by the Administration of the subject or 

18 property on, under, or with respect to which the 

19 right or remedy arises or exists or would so 

20 arise or exist in the absence of the law; or 

21 (B) any administrative or other action that 

22 becomes effective after the acquisition. 

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1 gard to any qualification or law of any State relating 

2 to incorporation. 

3 (b) USE OF OTHER AGENCIES.—With the consent of 

4 a department, establishment, or instrumentality (including 

5 any field office), the Administration may— 

6 (1) use and act through any department, estab7 lishment, or instrumentality; or 

8 (2) use, and pay compensation for, information, 

9 services, facilities, and personnel of the department, 

10 establishment, or instrumentality. 

11 (c) PROCUREMENT.—The Administrator shall be the 

12 senior procurement officer for the Administration for pur13 poses of section 1702 of title 41, United States Code. 

14 (d) FINANCIAL MATTERS.— 

15 (1) INVESTMENTS.—Funds of the Administra16 tion may be invested in such investments as the 

17 Board of Directors may prescribe. 

18 (2) FISCAL AGENTS.—Any Federal reserve 

19 bank or any bank for which, at the time of designa20 tion by the Administrator there is outstanding a des21 ignation by the Secretary of the Treasury as a gen22 eral or other depository of public money, may be 

23 designated by the Administrator as a depositary or 

24 custodian or as a fiscal or other agent of the Admin25 istration. 


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1 (e) JURISDICTION.—Notwithstanding section 1349 of 

2 title 28, United States Code, or any other provision of 

3 law— 

4 (1) the Administration shall be considered a 

5 corporation covered by sections 1345 and 1442 of 

6 title 28, United States Code; 

7 (2) all civil actions to which the Administration 

8 is a party shall be considered to arise under the laws 

9 of the United States, and the district courts of the 

10 United States shall have original jurisdiction of all 

11 such actions, without regard to amount or value, ex12 cept that the courts of appeals shall have jurisdic13 tion over civil actions pertaining to section 

14 103(a)(3); and 

15 (3) any civil or other action, case or controversy 

16 in a court of a State, or in any court other than a 

17 district court of the United States, to which the Ad18 ministration is a party may at any time before trial 

19 be removed by the Administration, without the giv20 ing of any bond or security and by following any 

21 procedure for removal of causes in effect at the time 

22 of the removal— 

23 (A) to the district court of the United 

24 States for the district and division embracing 

25 the place in which the same is pending; or 


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1 (B) if there is no such district court, to the 

2 district court of the United States for the dis3 trict in which the principal office of the Admin4 istration is located. 

5 (f) PERIODIC REPORTS.—Not later than 1 year after 

6 commencement of operation of the Administration and at 

7 least biannually thereafter, the Administrator shall submit 

8 to the Committee on Energy and Commerce of the House 

9 of Representatives and the Committee on Energy and 

10 Natural Resources of the Senate a report that includes 

11 a description of— 

12 (1) the technologies supported by activities of 

13 the Administration; and 

14 (2) the performance of the Administration on 

15 meeting the goals developed by the Secretary under 

16 section 102. 

17 (g) AUDITS BY THE COMPTROLLER GENERAL.— 

18 (1) IN GENERAL.—The programs, activities, re19 ceipts, expenditures, and financial transactions of 

20 the Administration shall be subject to audit by the 

21 Comptroller General of the United States under 

22 such rules and regulations as may be prescribed by 

23 the Comptroller General. 

24 (2) ACCESS.—The representatives of the Gov25 ernment Accountability Office shall— 


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1 (A) have access to the personnel and to all 

2 books, accounts, documents, records (including 

3 electronic records), reports, files, and all other 

4 papers, automated data, things, or property be5 longing to, under the control of, or in use by 

6 the Administration, or any agent, representa7 tive, attorney, advisor, or consultant retained by 

8 the Administration, and necessary to facilitate 

9 the audit; 

10 (B) be afforded full facilities for verifying 

11 transactions with the balances or securities held 

12 by depositories, fiscal agents, and custodians; 

13 (C) be authorized to obtain and duplicate 

14 any such books, accounts, documents, records, 

15 working papers, automated data and files, or 

16 other information relevant to the audit without 

17 cost to the Comptroller General; and 

18 (D) have the right of access of the Comp19 troller General to such information under sec20 tion 716(c) of title 31, United States Code. 

21 (3) ASSISTANCE AND COST.— 

22 (A) IN GENERAL.—For the purpose of con23 ducting an audit under this subsection, the 

24 Comptroller General may, in the discretion of 

25 the Comptroller General, employ by contract, 


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1 without regard to section 6101 of title 41, 

2 United States Code, professional services of 

3 firms and organizations of certified public ac4 countants for temporary periods or for special 

5 purposes. 

6 (B) REIMBURSEMENT.— 

7 (i) IN GENERAL.—On the request of 

8 the Comptroller General, the Administra9 tion shall reimburse the General Account10 ability Office for the full cost of any audit 

11 conducted by the Comptroller General 

12 under this subsection. 

13 (ii) CREDITING.—Such reimburse14 ments shall— 

15 (I) be credited to the appropria16 tion account entitled ‘‘Salaries and 

17 Expenses, Government Accountability 

18 Office’’ at the time at which the pay19 ment is received; and 

20 (II) remain available until ex21 pended. 

22 (h) ANNUAL INDEPENDENT AUDITS.— 

23 (1) IN GENERAL.—The Administrator shall— 

24 (A) have an annual independent audit 

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1 istration by an independent public accountant 

2 in accordance with generally accepted auditing 

3 standards; and 

4 (B) submit to the Secretary the results of 

5 the audit. 

6 (2) CONTENT.—In conducting an audit under 

7 this subsection, the independent public accountant 

8 shall determine and report on whether the financial 

9 statements of the Administration— 

10 (A) are presented fairly in accordance with 

11 generally accepted accounting principles; and 

12 (B) comply with any disclosure require13 ments imposed under this subtitle. 

14 (i) FINANCIAL REPORTS.— 

15 (1) IN GENERAL.—The Administrator shall 

16 submit to the Secretary annual and quarterly re17 ports of the financial condition and operations of the 

18 Administration, which shall be in such form, contain 

19 such information, and be submitted on such dates as 

20 the Secretary shall require. 

21 (2) CONTENTS OF ANNUAL REPORTS.—Each 

22 annual report shall include— 

23 (A) financial statements prepared in ac24 cordance with generally accepted accounting 

25 principles; 


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1 (B) any supplemental information or alter2 native presentation that the Secretary may re3 quire; and 

4 (C) an assessment (as of the end of the 

5 most recent fiscal year of the Administration), 

6 signed by the chief executive officer and chief 

7 accounting or financial officer of the Adminis8 tration, of— 

9 (i) the effectiveness of the internal 

10 control structure and procedures of the 

11 Administration; and 

12 (ii) the compliance of the Administra13 tion with applicable safety and soundness 

14 laws. 

15 (3) SPECIAL REPORTS.—The Secretary may re16 quire the Administrator to submit other reports on 

17 the condition (including financial condition), man18 agement, activities, or operations of the Administra19 tion, as the Secretary considers appropriate. 

20 (4) ACCURACY.—Each report of financial condi21 tion shall contain a declaration by the Administrator 

22 or any other officer designated by the Board of Di23 rectors of the Administration to make the declara24 tion, that the report is true and correct to the best 

25 of the knowledge and belief of the officer. 


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1 (5) AVAILABILITY OF REPORTS.—Reports re2 quired under this section shall be published and 

3 made publicly available as soon as is practicable 

4 after receipt by the Secretary. 

5 (j) SCOPE AND TERMINATION OF AUTHORITY.— 

6 (1) NEW OBLIGATIONS.—The Administrator 

7 shall not initiate any new obligations under this sub8 title on or after January 1, 2039. 

9 (2) REVERSION TO SECRETARY.—The authori10 ties and obligations of the Administration shall re11 vert to the Secretary on January 1, 2039. 

12 Subtitle B—Beneficial 

13 Electrification 

14 SEC. 111. INNOVATION IN ELECTRIC VEHICLES THROUGH 

15 THE ADVANCED TECHNOLOGY MANUFAC16 TURING INCENTIVE PROGRAM. 

17 (a) IN GENERAL.— 

18 (1) IN GENERAL.—Section 136(c) of the En19 ergy Independence and Security Act of 2007 (42 

20 U.S.C. 17013(c)) is amended by striking ‘‘December 

21 30, 2020’’ each place it appears and inserting ‘‘De22 cember 31, 2030’’. 

23 (2) EFFECTIVE DATE.—The amendment made 

24 by paragraph (1) shall take effect on December 31, 

25 2020. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 136(i) of the Energy Independence and Security Act of 

3 2007 (42 U.S.C. 17013(i)) is amended by striking ‘‘2008 

4 through 2012’’ and inserting ‘‘2021 through 2030’’. 

5 SEC. 112. DEPLOYMENT OF ELECTRIC VEHICLES THROUGH 

6 TAX CREDITS. 

7 (a) NEW PHASEOUT RULES ADDED TO QUALIFIED

8 PLUG-IN ELECTRIC VEHICLE TAX CREDIT.—Subsection 

9 (e) of section 30D of the Internal Revenue Code of 1986 

10 is amended to read as follows: 

11 ‘‘(e) LIMITATION ON NUMBER OF NEW QUALIFIED

12 PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES ELIGIBLE

13 FOR CREDIT.— 

14 ‘‘(1) IN GENERAL.—In the case of any new 

15 qualified plug-in electric drive motor vehicle sold 

16 after the date of the enactment of the Clean Energy 

17 Innovation and Deployment Act of 2020— 

18 ‘‘(A) if such vehicle is sold during the tran19 sition period, the amount determined under 

20 subsection (b)(2) shall be reduced by $500, and 

21 ‘‘(B) if such vehicle is sold during the 

22 phaseout period, only the applicable percentage 

23 of the credit otherwise allowable under sub24 section (a) shall be allowed. 


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1 ‘‘(2) TRANSITION PERIOD.—For purposes of 

2 this subsection, the transition period subsequent to 

3 the first date on which the number of new qualified 

4 plug-in electric drive motor vehicles manufactured by 

5 the manufacturer of the vehicle referred to in para6 graph (1) sold for use in the United States after De7 cember 31, 2009, is at least 200,000. 

8 ‘‘(3) PHASEOUT PERIOD.— 

9 ‘‘(A) IN GENERAL.—For purposes of this 

10 subsection, the phaseout period is the period be11 ginning with the second calendar quarter fol12 lowing the calendar quarter which includes the 

13 first date on which the number of new qualified 

14 plug-in electric drive motor vehicles manufac15 tured by the manufacturer of the vehicle re16 ferred to in paragraph (1) sold for use in the 

17 United States after December 31, 2009, is at 

18 least 600,000. 

19 ‘‘(B) APPLICABLE PERCENTAGE.—For 

20 purposes of paragraph (1)(B), the applicable 

21 percentage is— 

22 ‘‘(i) 50 percent for the first calendar 

23 quarter of the phaseout period, and 

24 ‘‘(ii) 0 percent for each calendar quar25 ter thereafter. 


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1 ‘‘(C) EXCLUSION OF SALE OF CERTAIN VE2 HICLES.— 

3 ‘‘(i) IN GENERAL.—For purposes of 

4 subparagraph (A), any new qualified plug5 in electric drive motor vehicle manufac6 tured by the manufacturer of the vehicle 

7 referred to in paragraph (1) which was 

8 sold during the exclusion period shall not 

9 be included for purposes of determining 

10 the number of such vehicles sold. 

11 ‘‘(ii) EXCLUSION PERIOD.—For pur12 poses of this subparagraph, the exclusion 

13 period is the period— 

14 ‘‘(I) beginning on the first date 

15 on which the number of new qualified 

16 plug-in electric drive motor vehicles 

17 manufactured by the manufacturer of 

18 the vehicle referred to in paragraph 

19 (1) sold for use in the United States 

20 after December 31, 2009, is at least 

21 200,000, and 

22 ‘‘(II) ending on the date of the 

23 enactment of the Clean Energy Inno24 vation and Deployment Act of 2020. 


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1 ‘‘(4) CONTROLLED GROUPS.—Rules similar to 

2 the rules of section 30B(f)(4) shall apply for pur3 poses of this subsection.’’. 

4 (b) EXTENSION OF CREDIT FOR NEW QUALIFIED

5 FUEL CELL MOTOR VEHICLES.—Section 30B(k)(1) of 

6 the Internal Revenue Code of 1986 is amended by striking 

7 ‘‘December 31, 2020’’ and inserting ‘‘December 31, 

8 2028’’. 

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

10 this section shall apply to property purchased after the 

11 date of the enactment of this Act. 

12 SEC. 113. DEPLOYMENT OF ELECTRIC VEHICLE CHARGING 

13 INFRASTRUCTURE THROUGH SUPPLY EQUIP14 MENT PROGRAMS. 

15 (a) ELECTRIC VEHICLE SUPPLY EQUIPMENT CO16 ORDINATION.—Not later than 90 days after the date of 

17 enactment of this Act, the Secretary of Energy, acting 

18 through the Assistant Secretary of the Office of Elec19 tricity, shall convene a group to assess progress in the de20 velopment of standards necessary to— 

21 (1) support the expanded deployment of electric 

22 vehicle supply equipment; 

23 (2) develop an electric vehicle charging network 

24 to provide reliable charging for electric vehicles na25 tionwide; and 


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1 (3) ensure the development of such network will 

2 not compromise the stability and reliability of the 

3 electric grid. 

4 (b) UTILITY ELECTRIC VEHICLE CHARGING PRO5 GRAMS.— 

6 (1) CONSIDERATION AND DETERMINATION RE7 SPECTING CERTAIN RATEMAKING STANDARDS.—Sec8 tion 111(d) of the Public Utility Regulatory Policies 

9 Act of 1978 (16 U.S.C. 2621(d)) is amended by 

10 adding at the end the following: 

11 ‘‘(20) UTILITY ELECTRIC VEHICLE CHARGING

12 PROGRAMS.— 

13 ‘‘(A) IN GENERAL.—Each State shall con14 sider authorizing each electric utility of the 

15 State to establish rates sufficient to recover 

16 from ratepayers any capital, operating expendi17 ture, or other costs of the electric utility relat18 ing to the deployment of electric vehicle supply 

19 equipment designed to provide vehicle charging 

20 or load management. 

21 ‘‘(B) DEFINITION.—For purposes of this 

22 paragraph, the term ‘electric vehicle supply 

23 equipment’ means the conductors, including the 

24 ungrounded, grounded, and equipment ground25 ing conductors, the electric vehicle connectors, 


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1 attachment plugs, and all other fittings, devices, 

2 power outlets, or apparatuses installed specifi3 cally for the purpose of delivering energy to an 

4 electric vehicle.’’. 

5 (2) OBLIGATIONS TO CONSIDER AND DETER6 MINE.— 

7 (A) TIME LIMITATIONS.—Section 112(b) 

8 of the Public Utility Regulatory Policies Act of 

9 1978 (16 U.S.C. 2622(b)) is amended by add10 ing at the end the following: 

11 ‘‘(7)(A) Not later than 1 year after the date of 

12 enactment of this paragraph, each State regulatory 

13 authority (with respect to each electric utility for 

14 which it has ratemaking authority) and each non15 regulated electric utility shall commence the consid16 eration referred to in section 111, or set a hearing 

17 date for consideration, with respect to the standard 

18 established by paragraph (20) of section 111(d). 

19 ‘‘(B) Not later than 2 years after the date of 

20 the enactment of this paragraph, each State regu21 latory authority (with respect to each electric utility 

22 for which it has ratemaking authority) and each 

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1 ferred to in section 111 with respect to the standard 

2 established by paragraph (20) of section 111(d).’’. 

3 (B) FAILURE TO COMPLY.—Section 112(c) 

4 of the Public Utility Regulatory Policies Act of 

5 1978 (16 U.S.C. 2622(c)) is amended— 

6 (i) by striking ‘‘subsection (b)(2)’’ and 

7 inserting ‘‘subsection (b)’’; and 

8 (ii) by striking ‘‘(19)’’ and inserting 

9 ‘‘(20)’’. 

10 (C) PRIOR STATE ACTIONS.—Section 112 

11 of the Public Utility Regulatory Policies Act of 

12 1978 (16 U.S.C. 2622) is amended by adding 

13 at the end the following: 

14 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

15 (c) of this section shall not apply to the standard estab16 lished by paragraph (20) of section 111(d) in the case of 

17 any electric utility in a State if, before the enactment of 

18 this subsection— 

19 ‘‘(1) the State has implemented for such utility 

20 the standard concerned (or a comparable standard); 

21 ‘‘(2) the State regulatory authority for such 

22 State or relevant nonregulated electric utility has 

23 conducted a proceeding to consider implementation 

24 of the standard concerned (or a comparable stand25 ard) for such utility; or 


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1 ‘‘(3) the State legislature has voted on the im2 plementation of such standard (or a comparable 

3 standard) for such utility.’’. 

4 (c) MODEL BUILDING CODE FOR ELECTRIC VEHICLE

5 SUPPLY EQUIPMENT.— 

6 (1) DEVELOPMENT.—The Secretary of Energy 

7 shall develop a proposal to establish or update, as 

8 appropriate, model building codes for— 

9 (A) integrating electric vehicle supply 

10 equipment into residential and commercial 

11 buildings that include space for individual vehi12 cle or fleet vehicle parking; and 

13 (B) integrating onsite renewable power 

14 equipment and electric storage equipment (in15 cluding electric vehicle batteries to be used for 

16 electric storage) in residential and commercial 

17 buildings. 

18 (2) CONSULTATION.—In developing the pro19 posal under paragraph (1), the Secretary shall con20 sult with stakeholders representing the building con21 struction industry, manufacturers of electric vehicles 

22 and electric vehicle supply equipment, State and 

23 local governments, and any other persons with rel24 evant expertise or interests. 


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1 (3) DEADLINE.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary 

3 shall submit the proposal developed under paragraph 

4 (1) to the American Society of Heating, Refrig5 erating, and Air Conditioning Engineers and the 

6 International Code Council for consideration. 

7 SEC. 114. DEPLOYMENT OF ENERGY EFFICIENT BUILDINGS 

8 THROUGH TAX CREDITS. 

9 (a) CREDIT DATES EXTENDED.—Subsection (g) of 

10 section 25D of the Internal Revenue Code of 1986 is 

11 amended— 

12 (1) in paragraph (1), by striking ‘‘January 1, 

13 2020’’ and inserting ‘‘January 1, 2025’’; 

14 (2) in paragraph (2), by striking ‘‘after Decem15 ber 31, 2019, and before January 1, 2021’’ and in16 serting ‘‘after December 31, 2024, and before Janu17 ary 1, 2026’’; and 

18 (3) in paragraph (3), by striking ‘‘after Decem19 ber 31, 2020, and before January 1, 2022’’ and in20 serting ‘‘after December 31, 2025, and before Janu21 ary 1, 2027’’. 

22 (b) TERMINATION DATE EXTENDED.—Subsection 

23 (h) of section 25D of such Code is amended by striking 

24 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

25 2026’’. 


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

2 this section shall apply to property placed in service after 

3 December 31, 2019. 

4 SEC. 115. DEPLOYMENT OF ENERGY EFFICIENT BUILDINGS 

5 THROUGH GRANTS. 

6 (a) ENERGY EFFICIENT PUBLIC BUILDINGS.—Sec7 tion 125(c) of the Energy Policy Act of 2005 (42 U.S.C. 

8 15822(c)) is amended by striking ‘‘$30,000,000 for each 

9 of fiscal years 2006 through 2010’’ and inserting 

10 ‘‘$100,000,000 for each of fiscal years 2022 through 

11 2026’’. 

12 (b) ENERGY EFFICIENCY AND CONSERVATION

13 BLOCK GRANT PROGRAM.— 

14 (1) PURPOSE.—Section 542(b)(1) of the En15 ergy Independence and Security Act of 2007 (42 

16 U.S.C. 17152(b)(1)) is amended— 

17 (A) in subparagraph (A), by striking ‘‘; 

18 and’’ and inserting a semicolon; 

19 (B) in subparagraph (B), by striking the 

20 semicolon and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(C) diversifies energy supplies, including 

23 by facilitating and promoting the use of alter24 native fuels;’’. 


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1 (2) USE OF FUNDS.—Section 544(9) of the En2 ergy Independence and Security Act of 2007 (42 

3 U.S.C. 17154(9)) is amended to read as follows: 

4 ‘‘(9) deployment of energy distribution tech5 nologies that significantly increase energy efficiency 

6 or expand access to alternative fuels, including— 

7 ‘‘(A) distributed resources; 

8 ‘‘(B) district heating and cooling systems; 

9 and 

10 ‘‘(C) infrastructure for delivering alter11 native fuels;’’. 

12 (3) COMPETITIVE GRANTS.—Section 546(c)(2) 

13 of the Energy Independence and Security Act of 

14 2007 (42 U.S.C. 17156(c)(2)) is amended by insert15 ing ‘‘, including projects to expand the use of alter16 native fuels’’ before the period at the end. 

17 (4) FUNDING.—Section 548(a) of the Energy 

18 Independence and Security Act of 2007 (42 U.S.C. 

19 17158(a)) is amended to read as follows: 

20 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) GRANTS.—There is authorized to be ap22 propriated to the Secretary for the provision of 

23 grants under the program $3,500,000,000 for each 

24 of fiscal years 2022 through 2026. 


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1 ‘‘(2) ADMINISTRATIVE COSTS.—There is au2 thorized to be appropriated to the Secretary for ad3 ministrative expenses of the program $35,000,000 

4 for each of fiscal years 2022 through 2026.’’. 

5 (5) TECHNICAL AMENDMENTS.—Section 543 of 

6 the Energy Independence and Security Act of 2007 

7 (42 U.S.C. 17153) is amended— 

8 (A) in subsection (c), by striking ‘‘sub9 section (a)(2)’’ and inserting ‘‘subsection 

10 (a)(3)’’; and 

11 (B) in subsection (d), by striking ‘‘sub12 section (a)(3)’’ and inserting ‘‘subsection 

13 (a)(4)’’. 

14 (c) SMART FEDERAL BUILDING PROGRAM.— 

15 (1) DEFINITIONS.—In this subsection: 

16 (A) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Energy. 

18 (B) SMART BUILDING.—The term ‘‘smart 

19 building’’ means a building, or collection of 

20 buildings, with an energy system that— 

21 (i) is flexible and automated; 

22 (ii) has extensive operational moni23 toring and communication connectivity, al24 lowing remote monitoring and analysis of 

25 all building functions; 


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1 (iii) takes a systems-based approach 

2 in integrating the overall building oper3 ations for control of energy generation, 

4 consumption, and storage; 

5 (iv) communicates with utilities and 

6 other third-party commercial entities, if 

7 appropriate; 

8 (v) protects the health and safety of 

9 occupants and workers; and 

10 (vi) is cybersecure. 

11 (2) ESTABLISHMENT.—Not later than 1 year 

12 after the date of enactment of this Act, the Sec13 retary shall, in consultation with the Administrator 

14 of General Services, establish a program, to be 

15 known as the Federal Smart Building Program— 

16 (A) to implement smart building tech17 nology; and 

18 (B) to demonstrate the costs and benefits 

19 of smart buildings. 

20 (3) SELECTION.— 

21 (A) IN GENERAL.—The Secretary shall co22 ordinate the selection of not fewer than 1 build23 ing from among each of several key Federal 

24 agencies, as described in paragraph (5), to com25 pose an appropriately diverse set of smart 


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1 buildings based on size, type, and geographic lo2 cation. 

3 (B) INCLUSION OF COMMERCIALLY OPER4 ATED BUILDINGS.—In making selections under 

5 subparagraph (A), the Secretary may include 

6 buildings that are owned by the Federal Gov7 ernment but are commercially operated. 

8 (4) TARGETS.—Not later than 18 months after 

9 the date of enactment of this Act, the Secretary 

10 shall establish targets for the number of smart 

11 buildings to be commissioned and evaluated by key 

12 Federal agencies described in paragraph (5) by 3 

13 years and 6 years after the date of enactment of this 

14 Act. 

15 (5) FEDERAL AGENCY DESCRIBED.—The key 

16 Federal agencies described in this subsection shall 

17 include buildings operated by— 

18 (A) the Department of the Army; 

19 (B) the Department of the Navy; 

20 (C) the Department of the Air Force; 

21 (D) the Department of Energy; 

22 (E) the Department of the Interior; 

23 (F) the Department of Veterans Affairs; 

24 and 

25 (G) the General Services Administration. 


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1 (6) REQUIREMENT.—In implementing the pro2 gram established under paragraph (2), the Secretary 

3 shall leverage existing financing mechanisms includ4 ing energy savings performance contracts, utility en5 ergy service contracts, and annual appropriations. 

6 (7) EVALUATION.—Using the guidelines of the 

7 Federal Energy Management Program relating to 

8 whole-building evaluation, measurement, and 

9 verification, the Secretary shall evaluate the costs 

10 and benefits of the buildings selected under para11 graph (3), including an identification of— 

12 (A) which advanced building tech13 nologies— 

14 (i) are most cost-effective; and 

15 (ii) show the most promise for— 

16 (I) increasing energy savings; 

17 (II) increasing service perform18 ance to building occupants; 

19 (III) reducing environmental im20 pacts; and 

21 (IV) establishing cybersecurity; 

22 and 

23 (B) any other information the Secretary 

24 determines to be appropriate. 


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1 (8) AWARDS.—The Secretary may expand 

2 awards made under the Federal Energy Manage3 ment Program and the Better Building Challenge to 

4 recognize specific agency achievements in accel5 erating the adoption of smart building technologies. 

6 Subtitle C—Zero-Emission 

7 Electricity Generation Technology 

8 SEC. 121. DEPLOYMENT OF SOLAR AND WIND TECHNOLOGY 

9 THROUGH TAX CREDITS. 

10 (a) ENERGY CREDIT FOR QUALIFIED OFFSHORE

11 WIND FACILITIES.— 

12 (1) IN GENERAL.—Subsection (a) of section 48 

13 of the Internal Revenue Code is amended— 

14 (A) in paragraph (2)(A)(i)— 

15 (i) in subclause (III), by striking 

16 ‘‘and’’ at the end; and 

17 (ii) by adding at the end the following 

18 new subclause: 

19 ‘‘(V) qualified offshore wind property, 

20 and’’; and 

21 (B) in paragraph (3)(A)— 

22 (i) in clause (vi), by striking ‘‘or’’ at 

23 the end; 

24 (ii) in clause (vii), by adding ‘‘or’’ at 

25 the end; and 


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1 (iii) by adding at the end the fol2 lowing new clause: 

3 ‘‘(viii) qualified offshore wind prop4 erty, but only with respect to property the 

5 construction of which begins before Janu6 ary 1, 2028,’’. 

7 (2) QUALIFIED OFFSHORE WIND PROPERTY.— 

8 Subsection (c) of section 48 of such Code is amend9 ed by adding at the end the following new para10 graph: 

11 ‘‘(5) QUALIFIED OFFSHORE WIND PROPERTY.— 

12 ‘‘(A) IN GENERAL.—The term ‘qualified 

13 offshore wind property’ means an offshore facil14 ity using wind to produce electricity. 

15 ‘‘(B) OFFSHORE FACILITY.—The term 

16 ‘offshore facility’ means any facility located in 

17 the inland navigable waters of the United 

18 States, including the Great Lakes, or in the 

19 coastal waters of the United States, including 

20 the territorial seas of the United States, the ex21 clusive economic zone of the United States, and 

22 the outer Continental Shelf of the United 

23 States. 

24 ‘‘(C) EXCEPTION FOR QUALIFIED SMALL

25 WIND ENERGY PROPERTY.—The term ‘qualified 


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1 offshore wind property’ shall not include any 

2 property described in paragraph (4). 

3 ‘‘(D) SPECIAL RULE.—In the case of any 

4 property described in subparagraph (A) which 

5 was placed in service after December 31, 2016, 

6 and for which a credit under this section was 

7 allowed by reason of subsection (a)(5) in any 

8 taxable year which ends before or includes the 

9 date of the enactment of the Clean Energy In10 novation and Deployment Act of 2020, notwith11 standing any election under such subsection 

12 (a)(5), such property may be treated at the 

13 election of the taxpayer as qualified offshore 

14 wind property (and not as qualified property 

15 which is part of a qualified investment credit 

16 facility) for— 

17 ‘‘(i) taxable years beginning on or 

18 after such date of enactment, and 

19 ‘‘(ii) any taxable years ending before 

20 such date of enactment, including by filing 

21 an amended return. 

22 Notwithstanding section 6501, an amended re23 turn may be filed for purposes of clause (ii) for 

24 any taxable year described in such clause.’’. 


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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this section shall take effect on the date of the 

3 enactment of this Act. 

4 (b) EXTENSION AND PHASEOUT OF INVESTMENT

5 TAX CREDIT.— 

6 (1) EXTENSION OF INVESTMENT TAX CRED7 IT.—Section 48 of the Internal Revenue Code of 

8 1986 is amended— 

9 (A) in subsection (a)— 

10 (i) in paragraph (2)(A)(i)(II), by 

11 striking ‘‘January 1, 2022’’ and inserting 

12 ‘‘January 1, 2028’’; 

13 (ii) in paragraph (3)(A)— 

14 (I) in clause (ii), by striking 

15 ‘‘January 1, 2022’’ and inserting 

16 ‘‘January 1, 2028’’; and 

17 (II) in clause (vii), by striking 

18 ‘‘January 1, 2022’’ and inserting 

19 ‘‘January 1, 2028’’; and 

20 (iii) in paragraph (5)(C)— 

21 (I) in clause (i)— 

22 (aa) by striking ‘‘(2), (3), 

23 (4), (6), (7),’’; and 

24 (bb) by inserting ‘‘and which 

25 is placed in service after 2008 


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1 and the construction of which be2 gins before January 1, 2028’’ 

3 after ‘‘section 45(d)’’; and 

4 (II) in clause (ii), by inserting at 

5 the beginning of the clause ‘‘which is 

6 a qualified facility (within the mean7 ing of section 45) described in para8 graph (2), (3), (4), (6), and (7) and’’; 

9 and 

10 (B) in subsection (c)— 

11 (i) in paragraph (1)(D), by striking 

12 ‘‘January 1, 2022’’ and inserting ‘‘Janu13 ary 1, 2028’’; 

14 (ii) in paragraph (2)(D), by striking 

15 ‘‘January 1, 2022’’ and inserting ‘‘Janu16 ary 1, 2028’’; 

17 (iii) in paragraph (3)(A)(iv), by strik18 ing ‘‘January 1, 2022’’ and inserting 

19 ‘‘January 1, 2028’’; and 

20 (iv) in paragraph (4)(C), by striking 

21 ‘‘January 1, 2022’’ and inserting ‘‘Janu22 ary 1, 2028’’. 

23 (2) CREDIT TRANSFERABILITY FOR SOLAR IN24 VESTMENT TAX CREDIT.—Section 48 of such Code 


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1 is further amended by adding at the end the fol2 lowing new subsections: 

3 ‘‘(e) TRANSFERABILITY.—If a taxpayer elects to 

4 transfer all (or any portion specified in the election) of 

5 the credit determined under this section for an energy 

6 property described in subsection (a)(5) or (a)(6) for any 

7 taxable year to an eligible project partner for a specified 

8 period, then the eligible project partner specified in such 

9 election (and not the taxpayer) shall be treated for pur10 poses of this title with respect to such credit (or such por11 tion thereof) as the person entitled to such credit (or por12 tion thereof). 

13 ‘‘(f) ELIGIBLE PROJECT PARTNER.— 

14 ‘‘(1) IN GENERAL.—For purposes of this para15 graph, the term ‘eligible project partner’ means, 

16 with respect to any energy property described in 

17 subsection (a)(5) or (a)(6), any person who— 

18 ‘‘(A) has an ownership interest in such en19 ergy property, 

20 ‘‘(B) provided equipment for or services in 

21 the construction of such energy property, 

22 ‘‘(C) provides electric transmission or dis23 tribution services for such energy property, 

24 ‘‘(D) purchases electricity from such en25 ergy property pursuant to a contract, or 


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1 ‘‘(E) provides financing for such energy 

2 property. 

3 ‘‘(2) SPECIAL RULE.—For purposes of para4 graph (1)(E), any amount paid as consideration for 

5 a transfer described in subsection (e) shall not be 

6 treated as financing of a qualified facility. 

7 ‘‘(g) TAXABLE YEAR IN WHICH CREDIT TAKEN INTO

8 ACCOUNT.—In the case of any credit (or portion thereof) 

9 with respect to which an election is made under subsection 

10 (e), such credit shall be taken into account in the first 

11 taxable year of the eligible project partner ending with, 

12 or after, the electing taxpayer’s taxable year with respect 

13 to which the credit was determined. 

14 ‘‘(h) LIMITATIONS ON ELECTION.— 

15 ‘‘(1) TIME FOR ELECTION.—An election under 

16 subsection (e) to transfer any portion of the credit 

17 allowed under this section shall be made not later 

18 than the due date for the return of tax for the elect19 ing taxpayer’s taxable year with respect to which the 

20 credit was determined. 

21 ‘‘(2) NO FURTHER TRANSFERS.—No election 

22 may be made under subsection (e) by a taxpayer 

23 with respect to any portion of the credit allowed 

24 under this section which has been previously trans25 ferred to such taxpayer. 


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1 ‘‘(3) TREATMENT OF TRANSFER UNDER PRI2 VATE USE RULES.—For purposes of section 

3 141(b)(1), any benefit derived by an eligible project 

4 partner in connection with an election under sub5 section (e) shall not be taken into account as a pri6 vate business use. 

7 ‘‘(4) ADDITIONAL ELECTION REQUIREMENTS.— 

8 The Secretary may prescribe such regulations as 

9 may be appropriate to carry out the purposes of this 

10 section, including— 

11 ‘‘(A) rules for determining which persons 

12 are eligible project partners with respect to any 

13 energy property, and 

14 ‘‘(B) requiring information to be included 

15 in an election under subparagraph (A) or im16 posing additional reporting requirements. 

17 ‘‘(i) SPECIAL RULES.— 

18 ‘‘(1) In the case of a taxpayer making an elec19 tion under this section, the credit subject to such an 

20 election shall be determined notwithstanding— 

21 ‘‘(A) section 50(b)(3); and 

22 ‘‘(B) section 50(b)(4) for an entity de23 scribed in 50(b)(4)(A)(i). 

24 ‘‘(2) In the case of a mutual or cooperative 

25 electric company described in this paragraph or an 


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1 organization described in section 1381(a)(2), income 

2 received or accrued in connection with the transfer 

3 of credit under this section shall be treated as an 

4 amount collected from members for the sole purpose 

5 of meeting losses and expenses. 

6 ‘‘(j) TERMINATION.—This section shall apply to tax7 able years ending before January 1, 2050.’’. 

8 (3) PHASEOUTS.— 

9 (A) SOLAR ENERGY PROPERTY.—Section 

10 48(a)(6) of such Code is amended— 

11 (i) in subparagraph (A)— 

12 (I) by striking ‘‘January 1, 2022, 

13 the energy percentage’’ and inserting 

14 ‘‘January 1, 2028, the energy per15 centage’’; 

16 (II) in clause (i), by striking 

17 ‘‘after December 31, 2019, and before 

18 January 1, 2021’’ and inserting 

19 ‘‘after December 31, 2020, and before 

20 January 1, 2027’’; and 

21 (III) in clause (ii), by striking 

22 ‘‘after December 31, 2020, and before 

23 January 1, 2022’’ and inserting 

24 ‘‘after December 31, 2021, and before 

25 January 1, 2027’’; and 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘begins before January 1, 2022, and which 

3 is not placed in service before January 1, 

4 2024’’ and inserting ‘‘begins before Janu5 ary 1, 2028, and which is not placed in 

6 service before January 1, 2030’’. 

7 (B) FIBER-OPTIC SOLAR, QUALIFIED FUEL

8 CELL, AND QUALIFIED SMALL WIND ENERGY

9 PROPERTY.—Section 48(a)(7) of such Code is 

10 amended— 

11 (i) in subparagraph (A)— 

12 (I) in clause (i), by striking 

13 ‘‘after December 31, 2019, and before 

14 January 1, 2021’’ and inserting 

15 ‘‘after December 31, 2020, and before 

16 January 1, 2027’’; and 

17 (II) in clause (ii), by striking 

18 ‘‘after December 31, 2020, and before 

19 January 1, 2022’’ and inserting 

20 ‘‘after December 31, 2021, and before 

21 January 1, 2027’’; and 

22 (ii) in subparagraph (B), by striking 

23 ‘‘January 1, 2024’’ and inserting ‘‘Janu24 ary 1, 2030’’. 

25 (c) EXTENSION OF PRODUCTION TAX CREDIT.— 


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1 (1) WIND.—Section 45(d)(1) of the Internal 

2 Revenue Code of 1986 is amended by striking ‘‘Jan3 uary 1, 2021’’ and inserting ‘‘January 1, 2028’’. 

4 (2) HYDROPOWER, MARINE AND

5 HYDROKINETIC.—Section 45(d)(9)(a)(i) and (ii) and 

6 Section 45(d)(11)(B) of the Internal Revenue Code 

7 of 1986 is amended by striking ‘‘January 1, 2021’’ 

8 and inserting ‘‘January 1, 2028’’. 

9 (3) APPLICATION OF PHASEOUT PERCENT10 AGE.—Section 45(b)(5)(D) of the Internal Revenue 

11 Code of 1986 is amended by striking ‘‘January 1, 

12 2021’’ and inserting ‘‘January 1, 2028’’. 

13 (4) TREATMENT AS ENERGY PROPERTY.—Sec14 tion 48(a)(5)(E) of the Internal Revenue Code of 

15 1986 is amended by striking ‘‘January 1, 2021’’ and 

16 inserting ‘‘January 1, 2028’’. 

17 (5) CREDIT TRANSFERABILITY FOR WIND PRO18 DUCTION TAX CREDIT.—Section 45 of the Internal 

19 Revenue Code of 1986 is amended by adding at the 

20 end the following: 

21 ‘‘(f) TRANSFERABILITY.—If the taxpayer elects to 

22 transfer all (or any portion specified in the election) of 

23 the credit determined under this section for any taxable 

24 year with respect to any qualified facility as defined in 

25 subsection (d)(1) to an eligible project partner for a speciVerDate Sep 11 2014 05:13 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H7516.IH H7516

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1 fied period, then, the eligible project partner specified in 

2 such election (and not the taxpayer) shall be treated for 

3 purposes of this title with respect to such credit (or such 

4 portion thereof) as the person producing and selling the 

5 electricity to which such credit (or portion thereof) relates. 

6 ‘‘(g) ELIGIBLE PROJECT PARTNER.— 

7 ‘‘(1) IN GENERAL.—For purposes of this sec8 tion, the term ‘eligible project partner’ means, with 

9 respect to any qualified facility as defined in sub10 section (d)(1), any person who— 

11 ‘‘(A) has an ownership interest in such 

12 qualified facility, 

13 ‘‘(B) provided equipment for or services in 

14 the construction of such qualified facility, 

15 ‘‘(C) provides electric transmission or dis16 tribution services for such qualified facility, 

17 ‘‘(D) purchases electricity from such quali18 fied facility pursuant to a contract, or 

19 ‘‘(E) provides financing for such qualified 

20 facility. 

21 ‘‘(2) SPECIAL RULE.—For purposes of para22 graph (1)(E), any amount paid as consideration for 

23 a transfer described in subsection (f) shall not be 

24 treated as financing of a qualified facility. 


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1 ‘‘(h) TAXABLE YEAR IN WHICH CREDIT TAKEN INTO

2 ACCOUNT.—In the case of any credit (or portion thereof) 

3 with respect to which an election is made under subsection 

4 (f), such credit shall be taken into account in the first 

5 taxable year of the eligible project partner ending with, 

6 or after, the electing taxpayer’s taxable year with respect 

7 to which the credit was determined. 

8 ‘‘(i) LIMITATIONS ON ELECTION.— 

9 ‘‘(1) TIME FOR ELECTION.—An election under 

10 subsection (f) to transfer any portion of the credit 

11 allowed under this section shall be made not later 

12 than the due date for the return of tax for the elect13 ing taxpayer’s taxable year with respect to which the 

14 credit was determined. 

15 ‘‘(2) NO FURTHER TRANSFERS.—No election 

16 may be made under subsection (f) by a taxpayer 

17 with respect to any portion of the credit allowed 

18 under this section which has been previously trans19 ferred to such taxpayer under this paragraph. 

20 ‘‘(3) TREATMENT OF TRANSFER UNDER PRI21 VATE USE RULES.—For purposes of section 

22 141(b)(1), any benefit derived by an eligible project 

23 partner in connection with an election under this 

24 section shall not be taken into account as a private 

25 business use. 


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1 ‘‘(4) ADDITIONAL ELECTION REQUIREMENTS.— 

2 The Secretary may prescribe such regulations as 

3 may be appropriate to carry out the purposes of this 

4 section, including— 

5 ‘‘(A) rules for determining which persons 

6 are eligible project partners with respect to any 

7 energy property, and 

8 ‘‘(B) requiring information to be included 

9 in an election under subsection (f) or imposing 

10 additional reporting requirements. 

11 ‘‘(j) TERMINATION.—This section shall apply to tax12 able years ending before January 1, 2050.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to taxable years beginning after 

15 December 31, 2020. 

16 SEC. 122. ENERGY TAX CREDIT MONETIZATION. 

17 (a) IN GENERAL.—Subchapter B of chapter 65 of the 

18 Internal Revenue Code of 1986 is amended by adding at 

19 the end the following new section: 

20 ‘‘SEC. 6431. ELECTIVE PAYMENT FOR ENERGY PROPERTY 

21 AND ELECTRICITY PRODUCED FROM CER22 TAIN RENEWABLE RESOURCES, ETC. 

23 ‘‘(a) ENERGY PROPERTY.—In the case of a taxpayer 

24 making an election (at such time and in such manner as 


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1 the Secretary may provide) under this section with respect 

2 to— 

3 ‘‘(1) any portion of an energy credit which 

4 would (without regard to this section) be determined 

5 under section 48 with respect to property originally 

6 placed in service after December 31, 2019 and be7 fore January 1, 2025, 

8 ‘‘(2) any portion of a renewable electricity pro9 duction credit which would (without regard to this 

10 section) be determined under section 45 with respect 

11 to property originally placed in service after Decem12 ber 31, 2019 and before January 1, 2025, or 

13 ‘‘(3) any portion of a credit carryforward to the 

14 extent attributable to section 48 or section 45 that 

15 is allowed under section 38(a)(1) (determined with16 out regard to section 38(c)) for taxable years ending 

17 after December 31, 2019 and before January 1, 

18 2025, 

19 such taxpayer shall be treated as making a payment 

20 against the tax imposed by subtitle A for the taxable year 

21 equal to 85 percent of such amount. 

22 ‘‘(b) TIMING.—The payment described in subsection 

23 (a) shall be treated as made on the later of the due date 

24 of the return of tax (determined without extensions) for 

25 such taxable year or the date on which such return is filed. 


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1 ‘‘(c) EXCLUSION FROM GROSS INCOME.—Gross in2 come of the taxpayer shall be determined without regard 

3 to this section. 

4 ‘‘(d) DENIAL OF DOUBLE BENEFIT.—Solely for pur5 poses of section 38, in the case of a taxpayer making an 

6 election under this section, the energy credit determined 

7 under section 48 or the renewable electricity production 

8 credit determined under section 45 shall be reduced by 

9 the amount of the portion of such credit with respect to 

10 which the taxpayer makes such election. 

11 ‘‘(e) SPECIAL RULES.— 

12 ‘‘(1) In the case of a taxpayer making an elec13 tion under this section, the credit subject to such an 

14 election shall be determined notwithstanding— 

15 ‘‘(A) section 50(b)(3); and 

16 ‘‘(B) section 50(b)(4) for an entity de17 scribed in 50(b)(4)(A)(i). 

18 ‘‘(2) In the case of a mutual or cooperative 

19 electric company described in this paragraph or an 

20 organization described in section 1381(a)(2), income 

21 received or accrued in connection with the refunding 

22 or direct payment of credit under this section shall 

23 be treated as an amount collected from members for 

24 the sole purpose of meeting losses and expenses.’’. 


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

2 for subchapter B of chapter 65 of such Code is amended 

3 by adding at the end the following new item: 

‘‘Sec. 6431. Elective payment for energy property and electricity produced from 

certain renewable resources, etc.’’. 

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

5 this section shall apply to taxable years ending after the 

6 date of the enactment of this Act. 

7 SEC. 123. INNOVATION IN ENERGY STORAGE THROUGH RE8 SEARCH, DEVELOPMENT, AND DEMONSTRA9 TION. 

10 (a) IN GENERAL.—The United States Energy Stor11 age Competitiveness Act of 2007 (42 U.S.C. 17231) is 

12 amended— 

13 (1) by redesignating subsections (l) through (p) 

14 as subsections (m) through (q), respectively; and 

15 (2) by inserting after subsection (k) the fol16 lowing: 

17 ‘‘(l) GRID-SCALE ENERGY STORAGE SYSTEM RE18 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO19 GRAM.— 

20 ‘‘(1) DEFINITIONS.—In this subsection: 

21 ‘‘(A) ENERGY STORAGE SYSTEM.—The 

22 term ‘energy storage system’ means a system, 

23 equipment, facility, or technology that— 


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1 ‘‘(i) is capable of absorbing energy, 

2 storing that energy for a period of time, 

3 and dispatching the stored energy; and 

4 ‘‘(ii)(I) uses a mechanical, electrical, 

5 chemical, electrochemical, or thermal proc6 ess to store energy that— 

7 ‘‘(aa) was generated at an earlier 

8 time for use at a later time; or 

9 ‘‘(bb) was generated from a me10 chanical process, and would otherwise 

11 be wasted, for delivery at a later time; 

12 or 

13 ‘‘(II) stores thermal energy for direct 

14 use for heating or cooling at a later time 

15 in a manner that avoids the need to use 

16 electricity at that later time, in the same 

17 manner as the storage and use offered by 

18 a grid-enabled water heater. 

19 ‘‘(B) PROGRAM.—The term ‘program’ 

20 means the research, development, and dem21 onstration program established under para22 graph (2)(A). 

23 ‘‘(2) ESTABLISHMENT.— 

24 ‘‘(A) IN GENERAL.—Not later than 180 

25 days after the date of enactment of this Act, 


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1 the Secretary shall establish within the Office of 

2 Electricity of the Department of Energy a re3 search, development, and demonstration pro4 gram of grid-scale energy storage systems, in 

5 accordance with this subsection. 

6 ‘‘(B) GOALS, PRIORITIES, COST TAR7 GETS.—Not later than 180 days after the date 

8 of enactment of this Act, The Secretary shall 

9 develop goals, priorities, and cost targets for 

10 the program. 

11 ‘‘(3) STRATEGIC PLAN.— 

12 ‘‘(A) IN GENERAL.—Not later than 180 

13 days after the date of enactment of this Act, 

14 the Secretary shall submit to the Committee on 

15 Energy and Natural Resources of the Senate 

16 and the Committee on Science, Space, and 

17 Technology of the House of Representatives a 

18 10-year strategic plan for the program. 

19 ‘‘(B) CONTENTS.—The strategic plan sub20 mitted under subparagraph (A) shall— 

21 ‘‘(i) identify Department of Energy 

22 programs that support— 

23 ‘‘(I) the research and develop24 ment activities described in paragraph 


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1 (4) and the demonstration projects 

2 under paragraph (6); and 

3 ‘‘(II) activities or projects not de4 scribed in subclause (I) that are im5 portant to the development of grid6 scale energy storage systems and the 

7 mission of the Office of Electricity of 

8 the Department of Energy, as deter9 mined by the Secretary; and 

10 ‘‘(ii) include expected timelines for— 

11 ‘‘(I) the accomplishment of rel12 evant objectives under current pro13 grams of the Department of Energy 

14 relating to grid-scale energy storage 

15 systems; and 

16 ‘‘(II) the commencement of any 

17 new initiatives within the Department 

18 of Energy relating to grid-scale energy 

19 storage systems to accomplish those 

20 objectives. 

21 ‘‘(C) UPDATES TO PLAN.—Not less fre22 quently than once every 2 years, the Secretary 

23 shall submit to the Committee on Energy and 

24 Natural Resources of the Senate and the Com25 mittee on Science, Space, and Technology of 


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1 the House of Representatives an updated stra2 tegic plan for the same 10-year period as the 

3 plan under subparagraph (A), which shall iden4 tify, and provide a justification for, any major 

5 deviation from a previous strategic plan sub6 mitted under this paragraph. 

7 ‘‘(4) RESEARCH AND DEVELOPMENT.—In car8 rying out the program, the Secretary shall focus re9 search and development activities on developing cost10 effective energy storage systems that— 

11 ‘‘(A)(i) to balance day-scale needs, are ca12 pable of highly flexible power output for not 

13 less than 6 hours; and 

14 ‘‘(ii) have a lifetime of— 

15 ‘‘(I) not less than 8,000 cycles of dis16 charge at full output; and 

17 ‘‘(II) 20 years of useful-life operation; 

18 ‘‘(B)(i) can provide power to the electric 

19 grid for durations of approximately 6 to 100 

20 hours; and 

21 ‘‘(ii) have a lifetime of— 

22 ‘‘(I) not less than 1,500 cycles of dis23 charge at full output; and 

24 ‘‘(II) 20 years of operation; and 


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1 ‘‘(C) can store energy over several months 

2 and address seasonal scale variations in supply 

3 and demand. 

4 ‘‘(5) COST TARGETS.— 

5 ‘‘(A) IN GENERAL.—Cost targets developed 

6 by the Secretary under paragraph (2)(B) 

7 shall— 

8 ‘‘(i) be for energy storage costs across 

9 all types of energy storage technology; and 

10 ‘‘(ii) include technology costs, installa11 tion costs, balance of services costs, and 

12 soft costs. 

13 ‘‘(B) TARGET UPDATES; SUBTARGETS.— 

14 Not less frequently than once every 5 years 

15 during the 10-year period beginning on the date 

16 of enactment of the Act, the Secretary shall— 

17 ‘‘(i) revise the cost targets developed 

18 under paragraph (2)(B) based on— 

19 ‘‘(I) a technology-neutral ap20 proach that considers all types of en21 ergy storage deployment scenarios, in22 cluding individual technologies, tech23 nology combination use profiles, and 

24 integrated control system applications; 


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1 ‘‘(II) input from a variety of 

2 stakeholders; 

3 ‘‘(III) the inclusion and use of 

4 existing infrastructure; and 

5 ‘‘(IV) the ability to optimize the 

6 integration of intermittent renewable 

7 energy generation technology and dis8 tributed energy resources; and 

9 ‘‘(ii) establish cost subtargets for 

10 technologies and applications relating to 

11 the energy storage systems described in 

12 paragraph (4), taking into consideration— 

13 ‘‘(I) electricity market prices; and 

14 ‘‘(II) the goal of being cost-com15 petitive in specific markets for electric 

16 grid products and services. 

17 ‘‘(6) DEMONSTRATION PROJECTS.— 

18 ‘‘(A) IN GENERAL.—Not later than Sep19 tember 30, 2023, under the program, the Sec20 retary shall, to the maximum extent practicable, 

21 enter into agreements to carry out not more 

22 than 5 grid-scale energy storage system dem23 onstration projects, including at least one in 

24 which an electric cooperative is a participant 

25 and at least one in which a retail electricity 


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1 supplier that is a State, or any political subdivi2 sion of a State is a participant. 

3 ‘‘(B) OBJECTIVE.—Each demonstration 

4 project carried out under subparagraph (A) 

5 shall be designed to further the development of 

6 the energy storage systems described in para7 graph (4). 

8 ‘‘(C) NO OWNERSHIP INTEREST.—The 

9 Federal Government shall not hold any equity 

10 or other ownership interest in any grid-scale en11 ergy storage system that is part of a dem12 onstration project under this paragraph. 

13 ‘‘(7) TESTING AND VALIDATION.—The Sec14 retary shall accelerate the standardized testing and 

15 validation of grid-scale energy storage systems under 

16 the program through collaboration with one or more 

17 National Laboratories (as defined in section 2 of the 

18 Energy Policy Act of 2005 (42 U.S.C. 15801)), in19 cluding by developing testing and evaluation meth20 odologies for— 

21 ‘‘(A) standardized grid performance testing 

22 for energy storage systems, materials, and tech23 nologies during each stage of development, be24 ginning with the research stage and ending with 

25 the deployment stage, including performance 


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1 testing with charge and discharge protocols to 

2 evaluate power capability, energy output, and 

3 degradation during cycling and calendar aging 

4 on earliest stage commercially viable prototypes 

5 (commonly less than 100 kilowatts); and 

6 ‘‘(B) accelerated life testing protocols to 

7 predict estimated lifetime metrics with accu8 racy. 

9 ‘‘(8) COORDINATION.—To accelerate the devel10 opment of grid-scale energy storage systems under 

11 the program the Secretary shall coordinate with— 

12 ‘‘(A) offices within the Department of En13 ergy conducting energy storage research, such 

14 as the Advanced Research Projects Agency–En15 ergy, the Office of Science, and the Office of 

16 Energy Efficiency and Renewable Energy; 

17 ‘‘(B) Federal agencies that are carrying 

18 out initiatives to increase energy security or re19 liability, such as the Department of Defense, 

20 the National Science Foundation, the Federal 

21 Energy Regulatory Commission, and the De22 partment of Homeland Security; 

23 ‘‘(C) program offices that aim to increase 

24 domestic manufacturing and production, such 

25 as the Office of Advanced Manufacturing in the 


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1 Department of Energy and the National Insti2 tute of Standards and Technology in the De3 partment of Commerce; and 

4 ‘‘(D) members of private industry to ad5 vance the development of commercially viable 

6 grid-scale energy storage systems.’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—The 

8 United States Energy Storage Competitiveness Act of 

9 2007 (42 U.S.C. 17231) is amended, in subsection (q) (as 

10 redesignated by subsection (a)(1))— 

11 (1) in paragraph (5), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (6), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(7) the research, development, and demonstra17 tion program of grid-scale energy storage systems 

18 under subsection (l) $60,000,000 for each of fiscal 

19 years 2021 through 2024.’’. 

20 SEC. 124. DEPLOYMENT OF ENERGY STORAGE THROUGH 

21 TAX CREDITS. 

22 (a) ENERGY CREDIT FOR ENERGY STORAGE TECH23 NOLOGIES.— 

24 (1) IN GENERAL.—Subclause (II) of section 

25 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 


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1 is amended by striking ‘‘paragraph (3)(A)(i)’’ and 

2 inserting ‘‘clause (i) or (ix) of paragraph (3)(A)’’. 

3 (2) ENERGY STORAGE TECHNOLOGIES.—Sub4 paragraph (A) of section 48(a)(3) of the Internal 

5 Revenue Code of 1986, as amended by section 121, 

6 is amended by striking ‘‘or’’ at the end of clause 

7 (vii), by adding ‘‘or’’ at the end of clause (viii), and 

8 by adding at the end the following new clause: 

9 ‘‘(ix) equipment which receives, stores, 

10 and delivers energy using batteries, com11 pressed air, pumped hydropower, hydrogen 

12 storage (including hydrolysis), thermal en13 ergy storage, regenerative fuel cells, 

14 flywheels, capacitors, superconducting 

15 magnets, or other technologies identified 

16 by the Secretary in consultation with the 

17 Secretary of Energy, and which has a ca18 pacity of not less than 5 kilowatt hours,’’. 

19 (3) PHASEOUT OF CREDIT.—Paragraph (6) of 

20 section 48(a) of the Internal Revenue Code of 1986 

21 is amended— 

22 (A) by striking ‘‘ENERGY’’ in the heading 

23 and inserting ‘‘AND ENERGY STORAGE’’; and 


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1 (B) by striking ‘‘paragraph (3)(A)(i)’’ both 

2 places it appears and inserting ‘‘clause (i) or 

3 (ix) of paragraph (3)(A)’’. 

4 (4) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply to property placed in 

6 service after December 31, 2019. 

7 (b) RESIDENTIAL ENERGY EFFICIENT PROPERTY

8 CREDIT FOR BATTERY STORAGE TECHNOLOGY.— 

9 (1) IN GENERAL.—Subsection (a) of section 

10 25D of the Internal Revenue Code of 1986 is 

11 amended by striking ‘‘and’’ at the end of paragraph 

12 (4), by inserting ‘‘and’’ after the comma at the end 

13 of paragraph (5), and by inserting after paragraph 

14 (5) the following new paragraph: 

15 ‘‘(6) the qualified battery storage technology ex16 penditures,’’. 

17 (2) QUALIFIED BATTERY STORAGE TECH18 NOLOGY EXPENDITURE.—Subsection (d) of section 

19 25D of the Internal Revenue Code of 1986 is 

20 amended by adding at the end the following new 

21 paragraph: 

22 ‘‘(6) QUALIFIED BATTERY STORAGE TECH23 NOLOGY EXPENDITURE.—The term ‘qualified bat24 tery storage technology expenditure’ means an ex25 penditure for battery storage technology which— 


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1 ‘‘(A) is installed on or in connection with 

2 a dwelling unit located in the United States and 

3 used as a residence by the taxpayer, and 

4 ‘‘(B) has a capacity of not less than 3 kilo5 watt hours.’’. 

6 (3) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall apply to expenditures paid 

8 or incurred in taxable years beginning after Decem9 ber 31, 2018. 

10 SEC. 125. NORMALIZATION OPT-OUT FOR UTILITIES. 

11 Paragraph (2) of section 50(d) of the Internal Rev12 enue Code of 1986 is amended by adding after the first 

13 sentence the following: ‘‘At the election of a taxpayer, this 

14 paragraph shall not apply to energy property described in 

15 clause (i) or (ix) of section 48(a)(3)(A) that is placed in 

16 service by the taxpayer after December 31, 2019, pro17 vided— 

18 ‘‘(A) no election under this paragraph shall 

19 be permitted if the making of such election is 

20 prohibited by, or required by, a State or polit21 ical subdivision thereof, by any agency or in22 strumentality of the United States, or by a pub23 lic service or public utility commission or other 

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1 sion that regulates public utilities as described 

2 in section 7701(a)(33)(A), and 

3 ‘‘(B) an election under this paragraph 

4 shall be made separately with respect to each 

5 energy property by the due date (including ex6 tensions) of the Federal tax return for the tax7 able year in which such property is placed in 

8 service by the taxpayer, and once made, may be 

9 revoked only with the consent of the Sec10 retary.’’. 

11 SEC. 126. DEPLOYMENT OF CARBON CAPTURE UTILIZATION 

12 AND STORAGE THROUGH TAX CREDITS. 

13 Section 45Q(d)(1) of the Internal Revenue Code of 

14 1986 is amended by striking ‘‘January 1, 2024’’ and in15 serting ‘‘December 31, 2029’’. 

16 SEC. 127. INNOVATION IN ADVANCED NUCLEAR TECH17 NOLOGY THROUGH DEMONSTRATION. 

18 (a) FINDINGS.—Congress finds that— 

19 (1) the national security nuclear enterprise, 

20 which supports the nuclear weapons stockpile stew21 ardship and naval reactors functions of the National 

22 Nuclear Security Administration, requires a domes23 tic source of low- and high-enriched uranium due to 

24 legal restrictions regarding foreign obligations relat25 ing to the beginning stage of the nuclear fuel cycle; 


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1 (2) many domestic advanced nuclear power in2 dustry participants require access to high-assay, low3 enriched uranium fuel for— 

4 (A) operation of demonstration reactors; 

5 and 

6 (B) initial fuel testing; 

7 (C) commercial operation of advanced nu8 clear reactors; 

9 (3) as of the date of enactment of this Act, no 

10 domestic uranium enrichment or fuel fabrication ca11 pability exists for uranium fuel enriched to greater 

12 than 5 weight percent of the uranium-235 isotope; 

13 (4) a healthy commercial nuclear fuel cycle ca14 pable of providing higher levels of enriched uranium 

15 would benefit— 

16 (A) the relevant national security functions 

17 of the National Nuclear Security Administra18 tion; and 

19 (B) the domestic advanced nuclear indus20 try of the United States; and 

21 (5) making limited quantities of high-assay, 

22 low-enriched uranium available from Department of 

23 Energy stockpiles of uranium would allow for initial 

24 fuel testing and demonstration of advanced nuclear 

25 reactor concepts, accelerating— 


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1 (A) the path to market of those concepts; 

2 and 

3 (B) the development of— 

4 (i) a market for advanced nuclear re5 actors; and 

6 (ii) a resulting growing commercial 

7 nuclear fuel cycle capability. 

8 (b) NUCLEAR REACTOR DEMONSTRATION

9 PROJECT.— 

10 (1) IN GENERAL.—Subtitle E of title IX of the 

11 Energy Policy Act of 2005 (42 U.S.C. 16271 et 

12 seq.) is amended by adding at the end the following: 

13 ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH 

14 AND DEVELOPMENT GOALS. 

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

16 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

17 term ‘advanced nuclear reactor’ means— 

18 ‘‘(A) a nuclear fission reactor, including a 

19 prototype plant (as defined in sections 50.2 and 

20 52.1 of title 10, Code of Federal Regulations 

21 (or successor regulations)), with significant im22 provements compared to the most recent gen23 eration of fission reactors, including improve24 ments such as— 


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1 ‘‘(i) additional inherent safety fea2 tures; 

3 ‘‘(ii) lower waste yields; 

4 ‘‘(iii) improved fuel performance; 

5 ‘‘(iv) increased tolerance to loss of 

6 fuel cooling; 

7 ‘‘(v) enhanced reliability; 

8 ‘‘(vi) increased proliferation resist9 ance; 

10 ‘‘(vii) increased thermal efficiency; 

11 ‘‘(viii) reduced consumption of cooling 

12 water; 

13 ‘‘(ix) the ability to integrate into elec14 tric applications and nonelectric applica15 tions; 

16 ‘‘(x) modular sizes to allow for deploy17 ment that corresponds with the demand 

18 for electricity; and 

19 ‘‘(xi) operational flexibility to respond 

20 to changes in demand for electricity and to 

21 complement integration with intermittent 

22 renewable energy; or 

23 ‘‘(B) a nuclear fusion reactor. 


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1 ‘‘(2) DEMONSTRATION PROJECT.—The term 

2 ‘demonstration project’ means an advanced nuclear 

3 reactor operated— 

4 ‘‘(A) as part of the power generation facili5 ties of an electric utility system; or 

6 ‘‘(B) in any other manner for the purpose 

7 of demonstrating the suitability for commercial 

8 application of the advanced nuclear reactor for 

9 the generation of electricity or other useful en10 ergy output. 

11 ‘‘(b) PURPOSE.—The purpose of this section is to di12 rect the Secretary, as soon as practicable after the date 

13 of enactment of this section, to advance the research and 

14 development of domestic advanced, affordable, and clean 

15 nuclear energy by— 

16 ‘‘(1) demonstrating different advanced nuclear 

17 reactor technologies that could be used by the elec18 tric power sector to produce— 

19 ‘‘(A) emission-free power at a levelized cost 

20 of electricity of $60 per megawatt-hour or less; 

21 ‘‘(B) heat for community heating, indus22 trial purposes, or synthetic fuel production; 

23 ‘‘(C) remote or off-grid energy supply; or 

24 ‘‘(D) backup or mission-critical power sup25 plies; 


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1 ‘‘(2) developing subgoals for nuclear energy re2 search programs that would accomplish the goals of 

3 the demonstration projects carried out under sub4 section (c); 

5 ‘‘(3) identifying research areas that the electric 

6 power sector is unable or unwilling to undertake due 

7 to the cost of, or risks associated with, the research; 

8 and 

9 ‘‘(4) facilitating the access of the electric power 

10 sector— 

11 ‘‘(A) to Federal research facilities and per12 sonnel; and 

13 ‘‘(B) to the results of research relating to 

14 civil nuclear technology funded by the Federal 

15 Government. 

16 ‘‘(c) DEMONSTRATION PROJECTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

18 maximum extent practicable— 

19 ‘‘(A) complete not fewer than two ad20 vanced nuclear reactor demonstration projects 

21 by not later than December 31, 2030; and 

22 ‘‘(B) establish a program to demonstrate 

23 not fewer than two, and not more than five, ad24 ditional operational advanced reactor designs by 

25 not later than December 31, 2035. 


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1 ‘‘(2) REQUIREMENTS.—In carrying out dem2 onstration projects under paragraph (1), the Sec3 retary shall— 

4 ‘‘(A) include diversity in designs for the 

5 advanced nuclear reactors demonstrated under 

6 this section, including designs using various— 

7 ‘‘(i) primary coolants; 

8 ‘‘(ii) fuel types and compositions; and 

9 ‘‘(iii) neutron spectra; 

10 ‘‘(B) seek to ensure that— 

11 ‘‘(i) the long-term cost of electricity or 

12 heat for each design to be demonstrated 

13 under this subsection has the capability of 

14 being cost-competitive in the applicable 

15 market; and 

16 ‘‘(ii) the selected projects can meet 

17 the deadline established in paragraph (1) 

18 to demonstrate first-of-a-kind advanced 

19 nuclear reactor technologies, for which ad20 ditional information shall be considered, in21 cluding— 

22 ‘‘(I) the readiness level of a pro23 posed advanced nuclear reactor tech24 nology; 


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1 ‘‘(II) the technical abilities and 

2 qualifications of teams desiring to 

3 partner with the Department to dem4 onstrate a proposed advanced nuclear 

5 reactor technology; and 

6 ‘‘(III) the capacity to meet cost7 share requirements of the Depart8 ment; 

9 ‘‘(C) ensure that each evaluation of can10 didate technologies for the demonstration 

11 projects is completed through an external re12 view of proposed designs, which review shall— 

13 ‘‘(i) be conducted by a panel that in14 cludes not fewer than 1 representative of 

15 each of— 

16 ‘‘(I) an electric utility; and 

17 ‘‘(II) an entity that uses high18 temperature process heat for manu19 facturing or industrial processing, 

20 such as a petrochemical company, a 

21 manufacturer of metals, or a manu22 facturer of concrete; and 

23 ‘‘(ii) include a review of cost-competi24 tiveness and other value streams, together 

25 with the technology readiness level, of each 


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1 design to be demonstrated under this sub2 section; 

3 ‘‘(D) enter into cost-sharing agreements 

4 with partners in accordance with section 988 

5 for the conduct of activities relating to the re6 search, development, and demonstration of pri7 vate-sector advanced nuclear reactor designs 

8 under the program; 

9 ‘‘(E) work with electric power sector part10 ners to identify potential sites, including De11 partment-owned sites, for demonstrations, as 

12 appropriate; and 

13 ‘‘(F) align specific activities carried out 

14 under demonstration projects carried out under 

15 this subsection with priorities identified through 

16 direct consultations between— 

17 ‘‘(i) the Department; 

18 ‘‘(ii) National Laboratories; 

19 ‘‘(iii) institutions of higher education; 

20 ‘‘(iv) traditional end-users (such as 

21 electric utilities); 

22 ‘‘(v) potential end-users of new tech23 nologies (such as users of high-tempera24 ture process heat for manufacturing proc25 essing, including petrochemical companies, 


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1 manufacturers of metals, or manufacturers 

2 of concrete); and 

3 ‘‘(vi) developers of advanced nuclear 

4 reactor technology. 

5 ‘‘(3) ADDITIONAL REQUIREMENTS.—In car6 rying out demonstration projects under paragraph 

7 (1), the Secretary shall— 

8 ‘‘(A) identify candidate technologies that— 

9 ‘‘(i) are not developed sufficiently for 

10 demonstration within the initial required 

11 timeframe described in paragraph (1)(A); 

12 but 

13 ‘‘(ii) could be demonstrated within the 

14 timeframe described in paragraph (1)(B); 

15 ‘‘(B) identify technical challenges to the 

16 candidate technologies identified in subpara17 graph (A); 

18 ‘‘(C) support near-term research and devel19 opment to address the highest-risk technical 

20 challenges to the successful demonstration of a 

21 selected advanced reactor technology, in accord22 ance with— 

23 ‘‘(i) subparagraph (B); and 

24 ‘‘(ii) the research and development ac25 tivities under section 958; and 


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1 ‘‘(D) establish such technology advisory 

2 working groups as the Secretary determines to 

3 be appropriate to advise the Secretary regard4 ing the technical challenges identified under 

5 subparagraph (B) and the scope of research 

6 and development programs to address the chal7 lenges, in accordance with subparagraph (C), to 

8 be comprised of— 

9 ‘‘(i) private-sector advanced nuclear 

10 reactor technology developers; 

11 ‘‘(ii) technical experts with respect to 

12 the relevant technologies at institutions of 

13 higher education; and 

14 ‘‘(iii) technical experts at the National 

15 Laboratories. 

16 ‘‘(d) GOALS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish goals for research relating to advanced nuclear 

19 reactors facilitated by the Department that support 

20 the objectives of the program for demonstration 

21 projects established under subsection (c). 

22 ‘‘(2) COORDINATION.—In developing the goals 

23 under paragraph (1), the Secretary shall coordinate, 

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1 try to advance the demonstration of various designs 

2 of advanced nuclear reactors. 

3 ‘‘(3) REQUIREMENTS.—In developing the goals 

4 under paragraph (1), the Secretary shall ensure 

5 that— 

6 ‘‘(A) research activities facilitated by the 

7 Department to meet the goals developed under 

8 this subsection are focused on key areas of nu9 clear research and deployment ranging from 

10 basic science to full-design development, safety 

11 evaluation, and licensing; 

12 ‘‘(B) research programs designed to meet 

13 the goals emphasize— 

14 ‘‘(i) resolving materials challenges re15 lating to extreme environments, including 

16 extremely high levels of— 

17 ‘‘(I) radiation fluence; 

18 ‘‘(II) temperature; 

19 ‘‘(III) pressure; and 

20 ‘‘(IV) corrosion; and 

21 ‘‘(ii) qualification of advanced fuels; 

22 ‘‘(C) activities are carried out that address 

23 near-term challenges in modeling and simula24 tion to enable accelerated design and licensing; 


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1 ‘‘(D) related technologies, such as tech2 nologies to manage, reduce, or reuse nuclear 

3 waste, are developed; 

4 ‘‘(E) nuclear research infrastructure is 

5 maintained or constructed, such as— 

6 ‘‘(i) currently operational research re7 actors at the National Laboratories and in8 stitutions of higher education; 

9 ‘‘(ii) hot cell research facilities; 

10 ‘‘(iii) a versatile fast neutron source; 

11 and 

12 ‘‘(iv) a molten salt testing facility; 

13 ‘‘(F) basic knowledge of non-light water 

14 coolant physics and chemistry is improved; 

15 ‘‘(G) advanced sensors and control systems 

16 are developed; and 

17 ‘‘(H) advanced manufacturing and ad18 vanced construction techniques and materials 

19 are investigated to reduce the cost of advanced 

20 nuclear reactors. 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to carry out this section 

23 $300,000,000 for each of fiscal years 2021 through 

24 2035.’’. 


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1 (2) TABLE OF CONTENTS.—The table of con2 tents for the Energy Policy Act of 2005 (Public Law 

3 109–58; 119 Stat. 594) is further amended by in4 serting after the item relating to section 959 the fol5 lowing: 

‘‘Sec. 959A. Advanced nuclear reactor research and development goals.’’. 

6 (3) CONFORMING AMENDMENT.—Section 

7 951(b)(1) of the Energy Policy Act of 2005 (42 

8 U.S.C. 16271(b)(1)) is amended by striking ‘‘The 

9 term’’ and inserting ‘‘Except as provided in section 

10 959A, the term’’. 

11 (c) LONG-TERM NUCLEAR POWER PURCHASE

12 AGREEMENT PILOT PROGRAM.— 

13 (1) IN GENERAL.—Subtitle B of title VI of the 

14 Energy Policy Act of 2005 (Public Law 109–58) is 

15 amended by adding at the end the following: 

16 ‘‘SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE 

17 AGREEMENT PILOT PROGRAM. 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab19 lish a pilot program for a long-term nuclear power pur20 chase agreement. 

21 ‘‘(b) REQUIREMENTS.—In developing the pilot pro22 gram under this section, the Secretary shall— 

23 ‘‘(1) consult and coordinate with the heads of 

24 other Federal departments and agencies that may 


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1 benefit from purchasing nuclear power for a period 

2 of longer than 10 years, including— 

3 ‘‘(A) the Secretary of Defense; and 

4 ‘‘(B) the Secretary of Homeland Security; 

5 and 

6 ‘‘(2) not later than December 31, 2023, enter 

7 into at least 1 agreement to purchase power from a 

8 commercial nuclear reactor that receives the first li9 cense for that reactor from the Nuclear Regulatory 

10 Commission after January 1, 2021. 

11 ‘‘(c) FACTORS FOR CONSIDERATION.— 

12 ‘‘(1) IN GENERAL.—In carrying out this sec13 tion, the Secretary shall give special consideration to 

14 power purchase agreements for first-of-a-kind or 

15 early deployment nuclear technologies that can pro16 vide reliable and resilient power to high-value assets 

17 for national security purposes or other purposes as 

18 the Secretary determines to be in the national inter19 est, especially in remote off-grid scenarios or grid20 connected scenarios that can provide capabilities 

21 commonly known as ‘islanding power capabilities’ 

22 during an emergency scenario. 

23 ‘‘(2) EFFECT ON RATES.—An agreement to 

24 purchase power under this section may be at a rate 

25 that is higher than the average market rate, if the 


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1 agreement fulfills an applicable consideration de2 scribed in paragraph (1).’’. 

3 (2) TABLE OF CONTENTS.—The table of con4 tents for the Energy Policy Act of 2005 (Public Law 

5 109–58; 119 Stat. 594) is further amended by in6 serting after the item relating to section 639 the fol7 lowing: 

‘‘Sec. 640. Long-term nuclear power purchase agreement pilot program.’’. 

8 (d) NUCLEAR STRATEGIC PLAN.— 

9 (1) IN GENERAL.—Subtitle E of title IX of the 

10 Energy Policy Act of 2005 (42 U.S.C. 16271 et 

11 seq.) is further amended by adding at the end the 

12 following: 

13 ‘‘SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN. 

14 ‘‘(a) IN GENERAL.—Not later than 180 days after 

15 the date of enactment of this section, the Secretary shall 

16 submit to the Committees on Energy and Commerce and 

17 Science, Space, and Technology of the House of Rep18 resentatives and the Committee on Energy and Natural 

19 Resources of the Senate a 10-year strategic plan for the 

20 Office of Nuclear Energy of the Department, in accord21 ance with this section. 

22 ‘‘(b) REQUIREMENTS.— 

23 ‘‘(1) COMPONENTS.—The strategic plan under 

24 this section shall designate— 


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1 ‘‘(A) programs that support the planned 

2 accomplishment of— 

3 ‘‘(i) the goals established under sec4 tion 959A; and 

5 ‘‘(ii) the demonstration programs 

6 identified under subsection (c) of that sec7 tion; and 

8 ‘‘(B) programs that— 

9 ‘‘(i) do not support the planned ac10 complishment of demonstration programs, 

11 or the goals, referred to in subparagraph 

12 (A); but 

13 ‘‘(ii) are important to the mission of 

14 the Office of Nuclear Energy, as deter15 mined by the Secretary. 

16 ‘‘(2) PROGRAM PLANNING.—In developing the 

17 strategic plan under this section, the Secretary shall 

18 specify expected timelines for, as applicable— 

19 ‘‘(A) the accomplishment of relevant objec20 tives under current programs of the Depart21 ment; or 

22 ‘‘(B) the commencement of new programs 

23 to accomplish those objectives. 

24 ‘‘(c) UPDATES.—Not less frequently than once every 

25 2 years, the Secretary shall submit to the Committees on 


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1 Energy and Commerce and Science, Space, and Tech2 nology of the House of Representatives and the Committee 

3 on Energy and Natural Resources of the Senate an up4 dated strategic plan in accordance with subsection (b), 

5 which shall identify, and provide a justification for, any 

6 major deviation from a previous strategic plan submitted 

7 under this section.’’. 

8 (2) TABLE OF CONTENTS.—The table of con9 tents for the Energy Policy Act of 2005 (Public Law 

10 109–58; 119 Stat. 594) is further amended by in11 serting after the item relating to section 959A the 

12 following: 

‘‘Sec. 959B. Nuclear energy strategic plan.’’. 

13 SEC. 128. INNOVATION IN CARBON REMOVAL, UTILIZATION, 

14 AND STORAGE THROUGH RESEARCH, DEVEL15 OPMENT, AND DEMONSTRATION. 

16 (a) CARBON REMOVAL.— 

17 (1) IN GENERAL.—Subtitle F of title IX of the 

18 Energy Policy Act of 2005 (42 U.S.C. 16291 et 

19 seq.) is amended by adding at the end the following: 

20 ‘‘SEC. 969. CARBON REMOVAL. 

21 ‘‘(a) ESTABLISHMENT.—The Secretary, in coordina22 tion with the Secretary of Agriculture, and in consultation 

23 with the Secretary of the Interior and the Administrator 

24 of the Environmental Protection Agency, shall establish 

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1 ferred to in this section as the ‘program’) to test, validate, 

2 or improve technologies and strategies to remove carbon 

3 dioxide from the atmosphere on a large scale. 

4 ‘‘(b) CROSS-CUTTING DIRECTION.—The Secretary 

5 shall ensure that the program— 

6 ‘‘(1) is cross-cutting in nature; and 

7 ‘‘(2) includes the coordinated participation of 

8 the Office of Fossil Energy, the Office of Science, 

9 and the Office of Energy Efficiency and Renewable 

10 Energy. 

11 ‘‘(c) PROGRAM ACTIVITIES.—The program may in12 clude research, development, and demonstration activities 

13 relating to— 

14 ‘‘(1) direct air capture and storage technologies; 

15 ‘‘(2) bioenergy with carbon capture and seques16 tration; 

17 ‘‘(3) enhanced geological weathering; 

18 ‘‘(4) agricultural and grazing practices; 

19 ‘‘(5) forest management and afforestation; 

20 ‘‘(6) conservation and restoration of tidal 

21 marshes, mangroves, and seagrasses; and 

22 ‘‘(7) planning and management of other types 

23 of natural and artificial carbon sinks. 


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1 ‘‘(d) REQUIREMENTS.—In developing and identifying 

2 carbon removal technologies and strategies under the pro3 gram, the Secretary shall consider— 

4 ‘‘(1) the potential for carbon removal or reduc5 tion on a gigaton scale; 

6 ‘‘(2) the extent to which the carbon storage can 

7 be made permanent; 

8 ‘‘(3) net greenhouse gas emissions; 

9 ‘‘(4) ocean acidification; 

10 ‘‘(5) land use changes, including impacts on 

11 natural and managed ecosystems; 

12 ‘‘(6) other potential impacts to human health 

13 and safety and the environment; 

14 ‘‘(7) commercial viability; 

15 ‘‘(8) economic co-benefits; and 

16 ‘‘(9) the impacts described in paragraphs (1) 

17 through (8) in both the near-term and the long18 term.’’. 

19 (2) TECHNICAL AMENDMENT.—The table of 

20 contents for the Energy Policy Act of 2005 (Public 

21 Law 109–58; 119 Stat. 600) is amended by adding 

22 at the end of the items relating to subtitle F of title 

23 IX the following: 

‘‘Sec. 969. Carbon removal.’’. 

24 (b) FOSSIL ENERGY.—Section 961(a) of the Energy 

25 Policy Act of 2005 (42 U.S.C. 16291(a)) is amended— 


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1 (1) in paragraph (6), by inserting ‘‘, including 

2 technology development to reduce emissions of car3 bon dioxide and associated emissions of heavy metals 

4 and other toxic substances within coal combustion 

5 residues and gas streams resulting from fossil fuel 

6 use and production’’ before the period at the end; 

7 and 

8 (2) by striking paragraph (7) and inserting the 

9 following: 

10 ‘‘(7) Increasing the export of fossil energy-re11 lated equipment, technology, including carbon re12 moval and utilization technologies, and services from 

13 the United States. 

14 ‘‘(8) Developing carbon removal and utilization 

15 technologies, products, and methods that result in 

16 net reductions in greenhouse gas emissions, includ17 ing direct air capture and storage, and carbon use 

18 and reuse for commercial application. 

19 ‘‘(9) Improving the conversion, use, and storage 

20 of carbon dioxide produced from fossil fuels.’’. 

21 (c) CARBON REMOVAL TECHNOLOGY PRIZE COM22 PETITION.— 

23 (1) DEFINITIONS.—In this subsection: 

24 (A) DILUTE MEDIA.—The term ‘‘dilute 

25 media’’ means media in which the concentration 


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1 of carbon dioxide is less than 1 percent by vol2 ume. 

3 (B) PRIZE COMPETITION.—The term 

4 ‘‘prize competition’’ means the competitive tech5 nology prize competition established under 

6 paragraph (2). 

7 (C) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Energy. 

9 (2) ESTABLISHMENT.—Not later than 1 year 

10 after the date of enactment of this Act, the Sec11 retary, in consultation with the Administrator of the 

12 Environmental Protection Agency, shall establish a 

13 competitive technology prize competition to award 

14 prizes for carbon dioxide capture from dilute media. 

15 (3) REQUIREMENTS.—In carrying out this sub16 section, the Secretary, in accordance with section 24 

17 of the Stevenson-Wydler Technology Innovation Act 

18 of 1980 (15 U.S.C. 3719), shall develop require19 ments for— 

20 (A) the prize competition process; and 

21 (B) monitoring and verification procedures 

22 for projects selected to receive a prize under the 

23 prize competition. 


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1 (4) ELIGIBLE PROJECTS.—To be eligible for a 

2 prize awarded through the prize competition, a 

3 project shall— 

4 (A) meet minimum performance standards 

5 set by the Secretary; 

6 (B) meet minimum levels set by the Sec7 retary for the capture of carbon dioxide from 

8 dilute media; and 

9 (C) demonstrate in the application of the 

10 project for a prize— 

11 (i) a design for a promising carbon 

12 capture technology that will— 

13 (I) be operated on a demonstra14 tion scale; and 

15 (II) have the potential to achieve 

16 significant reduction in the concentra17 tion of carbon dioxide in the atmos18 phere; 

19 (ii) a successful bench-scale dem20 onstration of a carbon capture technology; 

21 or 

22 (iii) an operational carbon capture 

23 technology on a commercial scale. 

24 (d) CARBON UTILIZATION.— 


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1 (1) IN GENERAL.—Subtitle F of title IX of the 

2 Energy Policy Act of 2005 (42 U.S.C. 16291 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 969A. CARBON UTILIZATION PROGRAM. 

5 ‘‘The Secretary shall establish a program of research, 

6 development, and demonstration for carbon utilization— 

7 ‘‘(1) to assess and monitor— 

8 ‘‘(A) potential changes in lifecycle carbon 

9 dioxide and other greenhouse gas emissions; 

10 and 

11 ‘‘(B) other environmental safety indicators 

12 of new technologies, practices, processes, or 

13 methods used in enhanced hydrocarbon recovery 

14 as part of the activities authorized under sec15 tion 963; 

16 ‘‘(2) to identify and assess novel uses for car17 bon, including the conversion of carbon oxides for 

18 commercial and industrial products, such as— 

19 ‘‘(A) chemicals; 

20 ‘‘(B) plastics; 

21 ‘‘(C) building materials; 

22 ‘‘(D) fuels; 

23 ‘‘(E) cement; 

24 ‘‘(F) products of coal use in power systems 

25 or other applications; or 


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1 ‘‘(G) other products with demonstrated 

2 market value; 

3 ‘‘(3) to identify and assess carbon capture tech4 nologies for industrial systems; and 

5 ‘‘(4) to identify and assess alternative uses for 

6 coal that do not result in the release of carbon diox7 ide into the atmosphere, including as inputs for 

8 products derived from carbon engineering, carbon 

9 fiber, and coal conversion methods.’’. 

10 (2) TECHNICAL AMENDMENT.—The table of 

11 contents for the Energy Policy Act of 2005 (Public 

12 Law 109–58; 119 Stat. 600) is amended by adding 

13 at the end of the items relating to subtitle F of title 

14 IX the following: 

‘‘Sec. 969A. Carbon utilization program.’’. 

15 (e) DEMONSTRATING CARBON CAPTURE AND SE16 QUESTRATION TECHNOLOGIES FOR ELECTRIC GENER17 ATING FACILITIES.— 

18 (1) IN GENERAL.—Subtitle F of title IX of the 

19 Energy Policy Act of 2005 (42 U.S.C. 16291 et 

20 seq.) is amended by adding at the end the following 

21 new section: 


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1 ‘‘SEC. 969B. DEMONSTRATING CARBON CAPTURE AND SE2 QUESTRATION TECHNOLOGIES FOR ELEC3 TRIC GENERATING FACILITIES. 

4 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

5 program for developing and demonstrating carbon capture 

6 and sequestration technologies for reducing the carbon di7 oxide emissions from new and existing facilities that burn 

8 coal or natural gas to generate electricity. The primary 

9 objective of this demonstration program shall be to deploy 

10 large scale pilot projects and demonstration projects that 

11 will accelerate the development, deployment, and commer12 cialization of advanced new technologies for the capture 

13 and sequestration of carbon dioxide emissions from coal 

14 fired and natural gas-fired electric generating facilities. 

15 ‘‘(b) DEPLOYMENT OF PILOT AND DEMONSTRATION

16 PROJECTS.—The Secretary shall provide Federal financial 

17 assistance to eligible project developers to support the de18 ployment of the following: 

19 ‘‘(1) PILOT PROJECTS.—Large scale pilot 

20 projects that test the effectiveness and performance 

21 of carbon capture and sequestration technologies 

22 under representative operating conditions at coal23 and natural gas-fired electric power systems with a 

24 generating capacity of up to 200 megawatts. 

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1 tration technologies that have completed pilot scale 

2 testing or the equivalent, as determined by the Sec3 retary, for demonstrating such technologies on coal 

4 and natural gas fired electric generating facilities 

5 that are greater than 200 megawatts. 

6 ‘‘(c) PROJECT CRITERIA.—To be eligible to receive 

7 Federal financial assistance under this section, each large8 scale pilot project and demonstration project shall meet 

9 specific criteria that the Secretary may establish by rule 

10 or guidance for— 

11 ‘‘(1) evaluating the performance, reliability, ef12 ficiency, and cost competitiveness of the technology 

13 for reducing carbon dioxide emissions and limiting 

14 other environmental impacts from the coal fired or 

15 natural gas fired electric generating facilities; and 

16 ‘‘(2) gaining the operating data needed to un17 derstand the technical and performance risks of the 

18 technology under a wide range of representative op19 erating conditions before the application of the tech20 nology at full commercial scale. 

21 ‘‘(d) COST-SHARING.—Each project shall be fund22 ed— 

23 ‘‘(1) through a cost-share arrangement that the 

24 Secretary may establish between the Department of 

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1 ized under section 988(b) for large-scale pilot 

2 projects and section 988(c) for demonstration 

3 projects; or 

4 ‘‘(2) under subtitle A of title I of the Clean En5 ergy Innovation and Deployment Act of 2020. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as are necessary for each of the fiscal years 

9 2021 through 2050.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents for the Energy Policy Act of 2005 (Public Law 

12 109–58; 119 Stat. 600) is amended by adding at the 

13 end of the items relating to subtitle F of title IX the 

14 following: 

‘‘Sec. 969B. Demonstrating carbon capture and sequestration technologies for 

electric generating facilities.’’. 

15 SEC. 129. DEPLOYMENT OF ELECTRIC GRID MODERNIZA16 TION THROUGH GRANTS. 

17 (a) DEPLOYMENT OF GRID MODERNIZATION

18 PROJECTS THROUGH GRANTS.—The Secretary of Energy 

19 shall establish a program to provide financial assistance 

20 to eligible partnerships to carry out projects related to the 

21 modernization of the electric grid, including— 

22 (1) projects for the deployment of technologies 

23 to improve monitoring of, advanced controls for, and 


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1 prediction of performance of, the electricity distribu2 tion system; and 

3 (2) projects related to transmission system 

4 interconnections, and other transmission system 

5 issues. 

6 (b) ELIGIBLE PROJECTS.—Projects for which an eli7 gible partnership may receive financial assistance under 

8 subsection (a) shall— 

9 (1) be designed to— 

10 (A) improve the siting, construction, resil11 iency, performance, or efficiency of the electric 

12 grid, while ensuring the continued provision of 

13 safe, secure, reliable, and affordable power; or 

14 (B) deploy a new product or technology 

15 that could be used by or for the benefit of cus16 tomers of an electric utility; and 

17 (2) demonstrate— 

18 (A) secure integration and management of 

19 energy resources, including through distributed 

20 energy generation, combined heat and power, 

21 microgrids, energy storage, electric vehicles, 

22 smart buildings, energy efficiency, or demand 

23 response; or 


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1 (B) secure integration and interoperability 

2 of communications and information technologies 

3 related to the electric grid. 

4 (c) CYBERSECURITY PLAN.—Each project carried 

5 out with financial assistance provided under subsection (a) 

6 shall include the development of a cybersecurity plan writ7 ten in accordance with guidelines developed by the Sec8 retary of Energy. 

9 (d) PRIVACY EFFECTS ANALYSIS.—Each project car10 ried out with financial assistance provided under sub11 section (a) shall include a privacy effects analysis that 

12 evaluates the project in accordance with the Voluntary 

13 Code of Conduct of the Department of Energy, commonly 

14 known as the ‘‘DataGuard Energy Data Privacy Pro15 gram’’, or the most recent revisions to the privacy pro16 gram of the Department. 

17 (e) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi19 ble partnership’’ means a partnership consisting of 

20 two or more entities, which— 

21 (A) may include— 

22 (i) any institution of higher education; 

23 (ii) a National Laboratory; 


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1 (iii) a State or a local government or 

2 other public body created by or pursuant 

3 to State law; 

4 (iv) an Indian Tribe; 

5 (v) a Federal power marketing admin6 istration; or 

7 (vi) a private entity that develops and 

8 provides grid modernization technology; 

9 and 

10 (B) shall include at least one of any of— 

11 (i) an electric utility; 

12 (ii) a Regional Transmission Organi13 zation; or 

14 (iii) an Independent System Operator. 

15 (2) ELECTRIC UTILITY.—The term ‘‘electric 

16 utility’’ has the meaning given that term in section 

17 3(22) of the Federal Power Act (16 U.S.C. 

18 796(22)), except that such term does not include an 

19 entity described in subparagraph (B) of such sec20 tion. 

21 (3) FEDERAL POWER MARKETING ADMINISTRA22 TION.—The term ‘‘Federal power marketing admin23 istration’’ means the Bonneville Power Administra24 tion, the Southeastern Power Administration, the 


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1 Southwestern Power Administration, or the Western 

2 Area Power Administration. 

3 (4) INDEPENDENT SYSTEM OPERATOR; RE4 GIONAL TRANSMISSION ORGANIZATION.—The terms 

5 ‘‘Independent System Operator’’ and ‘‘Regional 

6 Transmission Organization’’ have the meanings 

7 given those terms in section 3 of the Federal Power 

8 Act (16 U.S.C. 796). 

9 (5) INSTITUTION OF HIGHER EDUCATION.—The 

10 term ‘‘institution of higher education’’ has the 

11 meaning given that term in section 101(a) of the 

12 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $200,000,000 for each of fiscal years 2021 through 2025, 

16 to remain available until expended. 

17 SEC. 130. PRIZE COMPETITION FOR ELECTRICITY-RELATED 

18 TECHNOLOGIES FOR REMOTE COMMUNITIES. 

19 (a) DEFINITIONS.—In this section: 

20 (1) PRIZE.—The term ‘‘prize’’ means a prize 

21 awarded under the prize competition. 

22 (2) PRIZE COMPETITION.—The term ‘‘prize 

23 competition’’ means the competition established 

24 under subsection (b). 


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

2 the Secretary of Energy. 

3 (b) ESTABLISHMENT.—Not later than 1 year after 

4 the date of enactment of this section, the Secretary, in 

5 consultation with the Secretary of Defense, shall establish 

6 a competition to award prizes for technologies that effi7 ciently generate or utilize electricity for use by homes, 

8 businesses, communities, or military installations that are 

9 in remote locations or are not connected to a regional or 

10 national electric grid. 

11 (c) REQUIREMENTS.—In carrying out this sub12 section, the Secretary, in accordance with section 24 of 

13 the Stevenson-Wydler Technology Innovation Act of 1980 

14 (15 U.S.C. 3719), shall develop requirements for— 

15 (1) the prize competition process; and 

16 (2) monitoring and verification procedures for 

17 projects selected to receive a prize. 

18 (d) ELIGIBLE TECHNOLOGIES.—The technologies eli19 gible to awarded a prize shall include— 

20 (1) technologies that generate electricity and 

21 can be used without connection to the electric grid; 

22 (2) technologies that store energy; and 

23 (3) appliances that are highly-efficient in their 

24 use of electricity, including— 

25 (A) lights; 


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1 (B) mobile telephone chargers; 

2 (C) computers; 

3 (D) fans; 

4 (E) refrigerators; and 

5 (F) stoves and ovens. 

6 (e) CRITERIA.—The Secretary shall only award a 

7 prize to a technology determined by the Secretary to— 

8 (1) function properly; 

9 (2) generate no net emissions, or a minimal 

10 amount of net emissions, of greenhouse gases 

11 throughout its life cycle; 

12 (3) be affordable, reliable, durable, safe, and 

13 protective of human health and the environment; 

14 (4) be compatible with other technologies rel15 evant to its functioning, including those which have 

16 been or are being awarded prizes under this section; 

17 and 

18 (5) be available for deployment at commercial19 scale in every State, district, commonwealth, terri20 tory, and possession of the United States. 

21 (f) MARKETING.—Entities that have been awarded a 

22 prize may publish this fact in marketing the technology 

23 that has been awarded the prize. 


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1 (g) ANNUAL COMPETITION.—The Secretary shall 

2 award 1 or more prizes within 2 years of the date of enact3 ment of this section and every year thereafter. 

4 SEC. 131. REPORT TO CONGRESS. 

5 (a) DEFINITION.—In this section, the term ‘‘critical 

6 technologies’’ means the technologies identified in sections 

7 111 through 128 of subtitles B and C of this title, includ8 ing technologies related to— 

9 (1) electric vehicles; 

10 (2) energy efficient buildings; 

11 (3) solar and wind energy; 

12 (4) energy storage; 

13 (5) nuclear power; 

14 (6) carbon removal, utilization, and storage; 

15 (7) electric grid modernization; and 

16 (8) any other technologies whose deployment 

17 the Secretary may advance through the implementa18 tion of this title and the amendments made by this 

19 title. 

20 (b) REPORT.—Not later than 2 years after the date 

21 of enactment of this Act, and every 5 years thereafter, 

22 the Secretary of Energy, in consultation with, as appro23 priate, the heads of other relevant Federal agencies, State 

24 agencies, and relevant stakeholders, shall prepare, submit 

25 to Congress, and make publicly available a report that— 


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1 (1) identifies the major risks and benefits asso2 ciated with the deployment of critical technologies; 

3 (2) recommends measures for managing the 

4 risks identified in paragraph (1); 

5 (3) analyzes barriers to deployment of critical 

6 technologies, including— 

7 (A) the state of existing research, develop8 ment, demonstration, and deployment; 

9 (B) a detailed identification of the foresee10 able technical milestones of the research, devel11 opment, demonstration, and deployment de12 scribed in paragraph (A); 

13 (C) the projected likelihood of viability at 

14 commercial scale; 

15 (D) access to capital; 

16 (E) adverse environmental impacts; 

17 (F) materials challenges relating to ex18 treme environments, including— 

19 (i) temperature; 

20 (ii) pressure; 

21 (iii) corrosion; 

22 (iv) seasonality; and 

23 (v) weather events; 

24 (G) geographic barriers; and 


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1 (H) economic and other challenges par2 ticular to different regions of the United States; 

3 (4) estimates the amount and form of any fi4 nancial assistance, compensation, or incentives need5 ed for wide-scale deployment of critical technologies; 

6 (5) recommends additional nonregulatory strat7 egies that could increase the deployment of critical 

8 technologies; 

9 (6) identifies appropriate Federal agencies with 

10 capabilities to support State and local efforts to11 wards deployment of the critical technologies; 

12 (7) identifies all Federal financial assistance 

13 programs relevant to the deployment of the critical 

14 technologies and analyzes the extent to which such 

15 programs overlap or are duplicative; and 

16 (8) evaluates the current architecture of re17 gional electric grids (including international trans18 mission connections of such grids) that together 

19 comprise the Nation’s electric grid, with respect to— 

20 (A) potential growth in renewable energy 

21 generation, including energy generation from 

22 offshore wind; 

23 (B) potential growth in electricity demand; 

24 (C) retirement of existing electricity gen25 eration assets; and 


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1 (D) the range of benefits that interregional 

2 transmission provides. 

3 Subtitle D—Davis-Bacon 

4 Compliance 

5 SEC. 141. DAVIS-BACON COMPLIANCE. 

6 (a) IN GENERAL.—All laborers and mechanics em7 ployed on projects funded directly, or assisted in whole or 

8 in part, by this Act shall be paid wages at rates not less 

9 than those prevailing on projects of a character similar 

10 in the locality as determined by the Secretary of Labor 

11 in accordance with subchapter IV of chapter 31 of part 

12 A of subtitle II of title 40, United States Code (commonly 

13 referred to as the ‘‘Davis-Bacon Act’’). 

14 (b) AUTHORITY.—With respect to the labor stand15 ards specified in this section, the Secretary of Labor shall 

16 have the authority and functions set forth in Reorganiza17 tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 

18 App.) and section 3145 of title 40, United States Code. 

19 TITLE II—ZERO-EMISSION 

20 ELECTRICITY STANDARD 

21 SEC. 200. PURPOSE. 

22 The purpose of this title is to accelerate the deploy23 ment of zero-emission electricity technology sufficient to 

24 allow the United States to achieve an affordable, reliable, 

25 net-zero-emission electricity sector by no later than 2050. 


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1 Subtitle A—Zero-Emission 

2 Electricity Standard 

3 SEC. 201. DEFINITIONS. 

4 In this subtitle: 

5 (1) AFFILIATE.—The term ‘‘affiliate’’ has the 

6 meaning given such term in section 1262 of the En7 ergy Policy Act of 2005 (42 U.S.C. 16451). 

8 (2) ASSOCIATE COMPANY.—The term ‘‘associate 

9 company’’ has the meaning given such term in sec10 tion 1262 of the Energy Policy Act of 2005 (42 

11 U.S.C. 16451). 

12 (3) BEHIND-THE-METER GENERATION SYS13 TEM.—The term ‘‘behind-the-meter generation sys14 tem’’ means a system of generation of electric en15 ergy that operates on the electric consumer side of 

16 the applicable utility meter. 

17 (4) BENEFICIAL ELECTRIFICATION-RELATED

18 REDUCTION.—The term ‘‘beneficial electrification-re19 lated reduction’’ means the net reduction of the ag20 gregate greenhouse gas emissions of a retail elec21 tricity supplier and an electric consumer as the re22 sult of the replacement of a power source of the elec23 tric consumer that is not electric energy with electric 

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1 cluding for the purpose of transportation, space 

2 heating, water heating, or industrial processes. 

3 (5) CARBON DIOXIDE EQUIVALENT.—The term 

4 ‘‘carbon dioxide equivalent’’ means the number of 

5 metric tons of carbon dioxide emissions with the 

6 same global warming potential over a 20-year period 

7 as 1 metric ton of another greenhouse gas, including 

8 the effects of climate-carbon feedbacks for both car9 bon dioxide and the other greenhouse gas, as deter10 mined in accordance with the Fifth Assessment Re11 port of the Intergovernmental Panel on Climate 

12 Change. For methane, the global warming potential 

13 shall include the effect of carbon dioxide from meth14 ane oxidation in the atmosphere. 

15 (6) CARBON INTENSITY.—The term ‘‘carbon in16 tensity’’ means the carbon dioxide equivalent emis17 sions associated with the generation of 1 megawatt18 hour of electric energy, as determined by the Sec19 retary under section 204. 

20 (7) ELECTRIC CONSUMER.—The term ‘‘electric 

21 consumer’’ has the meaning given such term in sec22 tion 3 of the Public Utility Regulatory Policies Act 

23 of 1978 (16 U.S.C. 2602). 

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1 istration’’ means the Bonneville Power Administra2 tion, the Southeastern Power Administration, the 

3 Southwestern Power Administration, or the Western 

4 Area Power Administration. 

5 (9) GENERATING UNIT.—The term ‘‘generating 

6 unit’’ means a unit or system of units that— 

7 (A) generates electric energy that is con8 sumed in the United States; 

9 (B) generates not fewer than 20 megawatt10 hours of electric energy per calendar year; and 

11 (C)(i) delivers electric energy to the elec12 tric grid; or 

13 (ii) in the case of a behind-the-meter gen14 eration system— 

15 (I) delivers electric energy to the elec16 tric grid; or 

17 (II) generates electric energy that is 

18 consumed onsite for a useful purpose other 

19 than for generating electric energy. 

20 (10) GENERATOR.—The term ‘‘generator’’ 

21 means the owner or operator of a generating unit. 

22 (11) GREENHOUSE GAS.—The term ‘‘green23 house gas’’ includes each of the following: 

24 (A) Carbon dioxide. 

25 (B) Methane. 


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1 (C) Nitrous oxide. 

2 (D) Sulfur hexafluoride. 

3 (E) Any hydrofluorocarbon. 

4 (F) Any perfluorocarbon. 

5 (G) Nitrogen trifluoride. 

6 (H) Any fully fluorinated linear, branched, 

7 or cyclic— 

8 (i) alkane; 

9 (ii) ether; 

10 (iii) tertiary amine; or 

11 (iv) aminoether. 

12 (I) Any perfluoropolyether. 

13 (J) Any hydrofluoropolyether. 

14 (K) Any other fluorocarbon, except for a 

15 fluorocarbon with a vapor pressure of less than 

16 1 mm of Hg absolute at 25 degrees Celsius. 

17 (12) QUALIFIED COMBINED HEAT AND POWER

18 SYSTEM.—The term ‘‘qualified combined heat and 

19 power system’’ means a system that— 

20 (A) uses the same energy source for the si21 multaneous or sequential generation of electric 

22 energy and thermal energy; 

23 (B) produces at least— 


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1 (i) 20 percent of the useful energy of 

2 the system in the form of electric energy; 

3 and 

4 (ii) 20 percent of the useful energy of 

5 the system in the form of useful thermal 

6 energy; 

7 (C) to the extent that the system uses bio8 mass, uses only qualified renewable biomass; 

9 and 

10 (D) operates with an energy efficiency per11 centage, as determined in accordance with sec12 tion 48(c)(3)(C)(i) of the Internal Revenue 

13 Code of 1986, of greater than 60 percent on a 

14 year-round basis. 

15 (13) QUALIFIED ELECTRICITY GENERATION.— 

16 (A) IN GENERAL.—The term ‘‘qualified 

17 electricity generation’’ means the number of 

18 megawatt-hours of electric energy that a gener19 ator generates using a generating unit and— 

20 (i) sells directly or indirectly for use 

21 by electric consumers for purposes other 

22 than resale; or 

23 (ii) that is consumed onsite for a use24 ful purpose other than for generating elec25 tric energy. 


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1 (B) AFFILIATE SALES.—For purposes of 

2 calculating the quantity of electric energy sold 

3 by a retail electricity supplier under this para4 graph, the quantity of electric energy sold— 

5 (i) by an affiliate of the retail elec6 tricity supplier, or an associate company of 

7 the retail electricity supplier, to an electric 

8 consumer (other than to a lessee or tenant 

9 of the affiliate or associate company) shall 

10 be treated as sold by the retail electricity 

11 supplier; and 

12 (ii) by such retail electricity supplier 

13 to an affiliate, lessee, or tenant of the re14 tail electricity supplier shall not be consid15 ered to be a sale to an electric consumer. 

16 (14) QUALIFIED LOW-CARBON FUEL.— 

17 (A) IN GENERAL.—The term ‘‘qualified 

18 low-carbon fuel’’ means a fuel that— 

19 (i) is produced through any process 

20 that significantly limits or avoids green21 house gas emissions; and 

22 (ii) does not release greenhouse gas 

23 emissions during combustion. 


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1 (B) INCLUSION.—The term ‘‘qualified low2 carbon fuel’’ includes, subject to subparagraph 

3 (A)— 

4 (i) ammonia; and 

5 (ii) hydrogen. 

6 (15) QUALIFIED RENEWABLE BIOMASS.— 

7 (A) IN GENERAL.—The term ‘‘qualified re8 newable biomass’’ means— 

9 (i) any crop byproduct, or crop res10 idue, harvested from actively managed, or 

11 fallow, agricultural land that was cleared 

12 before January 1, 2020, if the harvesting 

13 of the byproduct or residue does not lead 

14 to a net decline in soil organic matter for 

15 the applicable land; 

16 (ii) any cellulose, hemicellulose, or 

17 lignin that is derived from a plant that is 

18 planted for the purpose of being used to 

19 produce energy on land that was, as of 

20 January 1, 2020— 

21 (I) cropland, including fallow 

22 land or other land with a cropping 

23 history; 

24 (II) a brownfield site (as defined 

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1 sive Environmental Response, Com2 pensation, and Liability Act of 1980 

3 (42 U.S.C. 9601(39))); or 

4 (III) an abandoned mine site; 

5 (iii) nonhazardous algal or other 

6 micro-crop matter; and 

7 (iv) waste— 

8 (I) that is burned in a qualified 

9 combined heat and power system; and 

10 (II) that is— 

11 (aa) methane captured from 

12 a landfill, an animal production 

13 facility, or a sewage treatment 

14 operation; 

15 (bb) nonhazardous land16 scape or right-of-way trimmings; 

17 (cc) vegetative matter re18 moved from an area located not 

19 more than 200 yards from a 

20 building, residence, or camp21 ground for the purpose of pro22 tecting structures from wildfire; 

23 (dd) any byproduct of a 

24 wood mill or paper mill oper25 ation, including lignin in spent 


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1 pulping liquors, that is dem2 onstrated to otherwise be burned 

3 for energy onsite; 

4 (ee) plant material removed 

5 for the purposes of invasive or 

6 noxious plant species control; or 

7 (ff) downed wood from ex8 treme weather events. 

9 (B) LIMIT OF INCLUSION OF INVASIVE

10 SPECIES.—Except as provided in subparagraph 

11 (A)(iv)(II)(ee), the term ‘‘qualified renewable 

12 biomass’’ does not include any matter that the 

13 Secretary of Agriculture, in consultation with 

14 other Federal or State departments and agen15 cies the Secretary determines appropriate, de16 termines is derived from— 

17 (i) a plant that is invasive or noxious; 

18 or 

19 (ii) a species or varieties of plants 

20 that are potentially invasive. 

21 (16) QUALIFIED WASTE-TO-ENERGY.—The 

22 term ‘‘qualified waste-to-energy’’ means electric en23 ergy generated— 

24 (A) from the combustion of— 


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1 (i) post-recycled municipal solid waste, 

2 provided such combustion does not result 

3 in emissions of— 

4 (I) an air pollutant for which air 

5 quality criteria has been issued under 

6 section 108 of the Clean Air Act; or 

7 (II) a hazardous air pollutant 

8 listed pursuant to section 112(b) of 

9 the Clean Air Act; 

10 (ii) gas produced from the gasification 

11 or pyrolization of post-recycled municipal 

12 solid waste; 

13 (iii) biogas; 

14 (iv) landfill methane; 

15 (v) animal waste or animal byprod16 ucts; 

17 (vi) food waste; 

18 (vii) if diverted from or separated 

19 from other waste out of a municipal waste 

20 stream— 

21 (I) paper products that are not 

22 commonly recyclable; 

23 (II) vegetation; 

24 (III) tree trimmings; 


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1 (IV) solid-wood yard waste, pal2 lets, or crates; or 

3 (V) manufacturing and construc4 tion debris; or 

5 (viii) any byproduct of a wood or 

6 paper mill operation, including lignin in 

7 spent pulping liquors; and 

8 (B) at a facility that the Secretary has cer9 tified, within the past 3 years, is in compliance 

10 with all applicable Federal and State environ11 mental permits. 

12 (17) RETAIL ELECTRICITY SUPPLIER.—The 

13 term ‘‘retail electricity supplier’’, as determined for 

14 each calendar year, means an entity in the United 

15 States that sold not fewer than 20 megawatt-hours 

16 of electric energy to electric consumers for purposes 

17 other than resale during the preceding calendar 

18 year. 

19 (18) SALE.—The term ‘‘sale’’, when used with 

20 respect to electric energy, has the meaning given 

21 such term in section 3(13) of the Public Utility Reg22 ulatory Policies Act of 1978 (16 U.S.C. 2602(13)). 

23 (19) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of Energy. 


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1 (20) STATE.—Except as otherwise provided in 

2 this title, the term ‘‘State’’ means a State of the 

3 United States and any district, commonwealth, terri4 tory, or possession of the United States. 

5 (21) ZERO-EMISSION ELECTRICITY.—The term 

6 ‘‘zero-emission electricity’’ means the fraction of the 

7 electric energy generated by a given generating unit 

8 whose generation is not associated with the release 

9 of greenhouse gases to the atmosphere. The number 

10 of megawatt-hours of zero-emission electricity of a 

11 given generating unit is equal to the product ob12 tained by multiplying— 

13 (A) the qualified electricity generation of 

14 the generating unit; by 

15 (B) the extent to which the operation of 

16 the generating unit results in fewer greenhouse 

17 gas emissions than an efficient coal-burning 

18 power plant, which is the number that equals— 

19 (i) 1.0; less 

20 (ii) the quotient obtained by divid21 ing— 

22 (I) the carbon intensity of the 

23 generating unit; by 

24 (II) the carbon intensity of an ef25 ficient coal-burning power plant 


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1 (which is 0.82 metric tons of carbon 

2 dioxide per megawatt-hour). 

3 (22) ZERO-EMISSION ELECTRICITY CREDIT.— 

4 The term ‘‘zero-emission electricity credit’’ means a 

5 credit issued pursuant to section 204. 

6 SEC. 202. ZERO-EMISSION ELECTRICITY REQUIREMENT. 

7 (a) ZERO-EMISSION ELECTRICITY REQUIREMENT.— 

8 (1) CREDIT SUBMISSION REQUIREMENT.—Ex9 cept as otherwise provided in this section, effective 

10 beginning with calendar year 2022, for each cal11 endar year, not later than June 1 of the following 

12 calendar year, each retail electricity supplier shall 

13 submit to the Secretary a quantity of zero-emission 

14 electricity credits that is equal to— 

15 (A) for each of calendar years 2022 and 

16 2023, the quantity of zero-emission electricity 

17 credits determined under paragraph (3) for the 

18 retail electricity supplier for such calendar year; 

19 and 

20 (B) for calendar year 2024 and each cal21 endar year thereafter, the average of the quan22 tity of zero-emission electricity credits deter23 mined under paragraph (3) for the retail elec24 tricity supplier for such calendar year and the 

25 two prior calendar years. 


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1 (2) VOLUNTARY ASSIGNMENT OF COMPLIANCE

2 OBLIGATION BY PUBLIC POWER UTILITIES AND

3 ELECTRIC COOPERATIVES.—Any retail electricity 

4 supplier that is an electric cooperative, a State, or 

5 any political subdivision of a State, may elect to 

6 enter into an agreement with another political sub7 division of a State, an electric cooperative that has 

8 an obligation to serve such retail electricity supplier, 

9 or a generator to assign any reporting or compliance 

10 obligation under this title to such other political sub11 division of a State, electric cooperative, or generator. 

12 An assignment made under this paragraph shall be 

13 established through a binding agreement executed 

14 among the relevant parties. 

15 (3) QUANTITY OF ZERO-EMISSION ELECTRICITY

16 CREDITS.— 

17 (A) IN GENERAL.—For each calendar year, 

18 the Secretary shall determine a quantity of 

19 zero-emission electricity credits for a retail elec20 tricity supplier that is equal to the product ob21 tained by multiplying— 

22 (i) the total quantity of electric en23 ergy, in megawatt-hours, consumed by 

24 electric consumers of the retail electricity 

25 supplier during the calendar year, that is 


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1 provided by the retail electricity supplier or 

2 by a behind-the-meter generation system, 

3 as reported under subsection (b); by 

4 (ii) the minimum percentage of zero5 emission electricity for the calendar year. 

6 (B) DEDUCTION FOR BENEFICIAL ELEC7 TRIFICATION.— 

8 (i) REDUCTION.—In calculating the 

9 total quantity of electric energy consumed 

10 by electric consumers of a retail electricity 

11 supplier under subparagraph (A)(i), the 

12 Secretary shall deduct a quantity, in mega13 watt-hours, determined in accordance with 

14 clause (ii) to account for beneficial elec15 trification-related reductions. 

16 (ii) DETERMINATION.—The Secretary 

17 shall make a determination of the quantity 

18 of electric energy, in megawatt-hours, asso19 ciated with beneficial electrification-related 

20 reductions for a retail electricity supplier 

21 for a calendar year. Such determination 

22 shall be made on the basis of— 

23 (I) the carbon intensity of the 

24 electric energy sold by the retail elec25 tricity supplier that results in such 


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1 beneficial electrification-related reduc2 tions; and 

3 (II) the greenhouse gas emissions 

4 of power sources that are not electric 

5 energy that were replaced with electric 

6 energy provided by the retail elec7 tricity supplier which results in such 

8 beneficial electrification-related reduc9 tions. 

10 (C) SYSTEM SUPPORT RESOURCE.—For 

11 any calendar year in which a generating unit 

12 that is owned by a retail electricity supplier has 

13 been designated a System Support Resource by 

14 the Federal Energy Regulatory Commission 

15 and is thereby required, by an Independent Sys16 tem Operator or Regional Transmission Organi17 zation, or under a State-regulated resource 

18 planning process, to remain in operation be19 cause retirement of the generating unit would 

20 harm the reliability of the electric energy trans21 mission system, in calculating the total quantity 

22 of electric energy consumed by electric con23 sumers of the retail electricity supplier under 

24 subparagraph (A)(i), the Secretary shall deduct 

25 the quantity of megawatt-hours of electricity 


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1 generated by such generating unit during such 

2 calendar year. 

3 (4) AVERAGE CREDIT PRICES.—For each cal4 endar year, the Secretary shall— 

5 (A) analyze the market for zero-emission 

6 electricity credits in order to determine the av7 erage annual price of zero-emission electricity 

8 credits for the calendar year; 

9 (B) determine whether the average annual 

10 price of a zero-emission electricity credit deter11 mined under subparagraph (A) is less than half 

12 of the alternative compliance payment under 

13 subsection (c) for the calendar year; and 

14 (C) publish the determinations made under 

15 subparagraphs (A) and (B) by not later than 

16 January 31 of the year following the calendar 

17 year. 

18 (5) DEFINITIONS.—In this subsection: 

19 (A) ANNUAL PERCENTAGE INCREASE.— 

20 (i) Except as provided in clause (ii), 

21 the term ‘‘annual percentage increase’’ 

22 means, with respect to a retail electricity 

23 supplier, the product obtained by multi24 plying— 


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1 (I) the difference between 100 

2 percent and the baseline zero-emission 

3 electricity percentage; by— 

(II) 1 4 ⁄27. 

5 (ii) Notwithstanding clause (i), begin6 ning with calendar year 2025, if the Sec7 retary determines under paragraph (4) 

8 that the average annual price of a zero9 emission electricity credit for each of the 3 

10 calendar years prior to a calendar year (in 

11 this clause referred to as ‘‘the applicable 

12 calendar year’’) is less than one half of the 

13 respective alternative compliance payment 

14 for each of the 3 such prior calendar years, 

15 the annual percentage increase for the 1 

16 calendar year that begins 4 years after the 

17 end of the applicable calendar year shall be 

18 twice the percentage described in clause 

19 (i). 

20 (B) BASELINE ZERO-EMISSION ELEC21 TRICITY PERCENTAGE.— 

22 (i) IN GENERAL.—The term ‘‘baseline 

23 zero-emission electricity percentage’’ 

24 means, with respect to a retail electricity 

25 supplier, the average percentage of the 


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1 electric energy consumed by all electric 

2 consumers of the retail electricity supplier 

3 that is zero-emission electricity during cal4 endar years 2017, 2018, and 2019. 

5 (ii) ELECTION.—For any retail elec6 tricity supplier served by an Independent 

7 System Operator or a Regional Trans8 mission Organization, or participating in a 

9 joint unit commitment and centralized eco10 nomic dispatch system regulated by the 

11 Federal Energy Regulatory Commission, 

12 the retail electricity supplier may elect to 

13 set its baseline zero-emission electricity 

14 percentage under clause (i) on the basis of 

15 the zero-emission electricity and electric 

16 energy consumed by either— 

17 (I) all electric consumers of the 

18 retail electricity supplier; or 

19 (II) all electric consumers served 

20 by the Independent System Operator, 

21 Regional Transmission Organization, 

22 or the applicable joint unit commit23 ment and centralized economic dis24 patch system that serves the retail 

25 electricity supplier. 


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1 (iii) NOTIFICATION OF ELECTION.—A 

2 retail electricity supplier shall inform the 

3 Secretary of its election under clause (ii) 

4 not later than 180 days after the date of 

5 enactment of this Act. 

6 (C) MINIMUM PERCENTAGE OF ZERO-EMIS7 SION ELECTRICITY.—The term ‘‘minimum per8 centage of zero-emission electricity’’ means, 

9 with respect to a retail electricity supplier— 

10 (i) for each of calendar years 2022 

11 and 2023, the baseline zero-emission elec12 tricity percentage; 

13 (ii) for each of calendar years 2024 

14 through 2050, the amount, not to exceed 

15 100 percent, obtained by adding— 

16 (I) the minimum percentage of 

17 zero-emission electricity for the pre18 vious calendar year; and 

19 (II) the annual percentage in20 crease; and 

21 (iii) for each calendar year after 2050, 

22 100 percent. 

23 (b) REPORTING ON BEHIND-THE-METER GENERA24 TION SYSTEMS.—Effective beginning in calendar year 

25 2022, each retail electricity supplier serving one or more 


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1 behind-the-meter generation systems may, not later than 

2 January 1 of each calendar year, submit to the Sec3 retary— 

4 (1) verification of the carbon intensity of be5 hind-the-meter generation systems connected to the 

6 retail electricity supplier; and 

7 (2) the quantity of electric energy generated by 

8 each such behind-the-meter generation system that 

9 is consumed for a useful purpose by electric con10 sumers served by the retail electricity supplier. 

11 (c) ALTERNATIVE COMPLIANCE PAYMENTS.—A re12 tail electricity supplier may satisfy the requirements of 

13 subsection (a) with respect to a calendar year, in whole 

14 or in part, by submitting to the Secretary, in lieu of each 

15 zero-emission electricity credit that would otherwise be 

16 due, an alternative compliance payment equal to the 

17 amount determined for such calendar year in accordance 

18 with the following table, adjusted for inflation: 

Calendar year 

Alternative 

compliance 

payment 

2022 ................................................................................................ $20.00 

2023 ................................................................................................ $21.50 

2024 ................................................................................................ $23.00 

2025 ................................................................................................ $24.50 

2026 ................................................................................................ $26.00 

2027 ................................................................................................ $27.50 

2028 ................................................................................................ $29.00 

2029 ................................................................................................ $30.50 

2030 ................................................................................................ $32.00 

2031 ................................................................................................ $33.50 

2032 ................................................................................................ $35.00 

2033 ................................................................................................ $36.50 


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Calendar year 

Alternative 

compliance 

payment 

2034 ................................................................................................ $38.00 

2035 ................................................................................................ $39.50 

2036 ................................................................................................ $41.00 

2037 ................................................................................................ $42.50 

2038 ................................................................................................ $44.00 

2039 ................................................................................................ $45.50 

2040 ................................................................................................ $47.00 

2041 ................................................................................................ $48.50 

2042 ................................................................................................ $50.00 

2043 ................................................................................................ $51.50 

2044 ................................................................................................ $53.00 

2045 ................................................................................................ $54.50 

2046 ................................................................................................ $56.00 

2047 ................................................................................................ $57.50 

2048 ................................................................................................ $59.00 

2049 ................................................................................................ $60.50 

2050 and each calendar year thereafter ......................................... $62.00. 

1 (d) DETERMINATION OF INADEQUATE AVAILABILITY

2 OF ZERO-EMISSION ELECTRICITY TECHNOLOGY.— 

3 (1) PETITION FOR DETERMINATION.—A retail 

4 electricity supplier (referred to in this subsection as 

5 the ‘‘petitioner’’) may submit to the Secretary a pe6 tition for the Secretary to make a determination of 

7 inadequate availability of technology relating to zero8 emission electricity with respect to a calendar year. 

9 (2) CONDITIONS.—The Secretary shall make an 

10 affirmative determination under paragraph (1) (re11 ferred to in this title as a ‘‘determination of inad12 equate availability of technology’’) for a calendar 

13 year only if— 

14 (A) a petition is submitted to the Secretary 

15 by January 31 of the following calendar year; 


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1 (B) the average annual price of zero-emis2 sion electricity credits is equal to or greater 

3 than the alternative compliance payment under 

4 subsection (c) for such calendar year; 

5 (C) the Secretary determines the number 

6 of megawatt-hours of zero-emission electricity 

7 that could have been generated or purchased by 

8 the petitioner using technology that was avail9 able during such calendar year— 

10 (i) at or below the cost per megawatt11 hour of the technology used to generate 

12 the electricity sold by the petitioner in the 

13 previous calendar year; and 

14 (ii) while enabling the petitioner to 

15 operate its system at an adequate level of 

16 reliability; and 

17 (D) the number of megawatt-hours deter18 mined under subparagraph (C) is less than the 

19 number of zero-emission electricity credits the 

20 petitioner would be required to submit under 

21 subsection (a). 

22 (3) CREDIT SUBMISSION.—Notwithstanding 

23 subsection (a)(1), if the Secretary makes a deter24 mination of inadequate availability of technology for 

25 a petitioner for a calendar year, as described under 


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1 this subsection, the petitioner shall not be required 

2 to submit for such calendar year more than the 

3 number of zero-emission electricity credits equal to 

4 the number of megawatt-hours determined under 

5 paragraph (2)(C). 

6 (4) CARBON MITIGATION AWARDS.—For the 

7 calendar year identified under paragraph (3), if the 

8 Secretary makes one or more determinations of in9 adequate availability of technology under this sub10 section, the Secretary shall award under section 

11 205(b) an amount of money equal to the sum of— 

12 (A) the total amount paid by retail elec13 tricity suppliers as alternative compliance pay14 ments; and 

15 (B) the total amount of the alternative 

16 compliance payments that would have been 

17 made by the petitioner or petitioners but for the 

18 determination of inadequate availability of tech19 nology made under paragraph (2). 

20 (e) EXEMPTIONS.—(1) A qualified zero-emission elec21 tricity taxpayer that receives a zero-emission electricity ac22 celeration investment credit for a calendar year under sec23 tion 45U of the Internal Revenue Code of 1986, as added 

24 by section 301 of this Act, shall not be subject to the re25 quirements to submit zero-emission electricity credits 


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1 under this section for such calendar year and every cal2 endar year thereafter. 

3 (2) An eligible electricity provider that is awarded a 

4 grant under section 302 of this Act for a calendar year 

5 shall not be subject to the requirements to submit zero6 emission electricity credits under this section for such cal7 endar year and every calendar year thereafter, as long as 

8 the condition described under section 302(a)(1) continues 

9 to be met. 

10 SEC. 203. ZERO-EMISSION ELECTRICITY CREDIT TRADING 

11 PROGRAM. 

12 (a) ESTABLISHMENT.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary shall es14 tablish a zero-emission electricity credit trading program 

15 under which— 

16 (1) the Secretary shall record, track, auction, 

17 and transfer zero-emission electricity credits; and 

18 (2) a generator to whom such zero-emission 

19 electricity credits are issued may sell or otherwise 

20 transfer those credits, as provided or allowed by ap21 plicable contracts, through— 

22 (A) any auction established under the zero23 emission electricity credit trading program; 

24 (B) direct sales; or 


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1 (C) other transactional arrangements that 

2 sell electric energy or generating capacity either 

3 separately or combined with the transfer of 

4 zero-emission electricity credits, including trans5 actions that pair zero-emission electricity cred6 its with the demand of the retail electricity sup7 plier. 

8 (b) ADMINISTRATION.—In carrying out the program 

9 under this section, the Secretary shall ensure that a zero10 emission electricity credit may be— 

11 (1) submitted only once under section 202(a); 

12 and 

13 (2) only purchased by, transferred to, or other14 wise secured by a retail electricity supplier. 

15 (c) DELEGATION OF MARKET FUNCTION.— 

16 (1) IN GENERAL.—In carrying out the program 

17 under this section, the Secretary may delegate, to 

18 one or more appropriate entities— 

19 (A) the administration of a transparent 

20 national market for the sale or trade of zero21 emission electricity credits; and 

22 (B) the tracking of dispatch of zero-emis23 sion electricity generation. 

24 (2) ADMINISTRATION.—In making a delegation 

25 under paragraph (1), the Secretary shall ensure that 


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1 the tracking and reporting of information concerning 

2 the dispatch of zero-emission electricity generation is 

3 transparent, verifiable, and independent of any in4 terests subject to an obligation under this title. 

5 (d) BANKING OF ZERO-EMISSION ELECTRICITY

6 CREDITS.—A zero-emission electricity credit may be used 

7 for compliance with the requirements of section 202 for— 

8 (1) the calendar year for which the zero-emis9 sion electricity credit is issued (in this subsection re10 ferred to as ‘‘the applicable calendar year’’); and 

11 (2)(A) any of the 5 calendar years following the 

12 applicable calendar year, if the Secretary determines 

13 under section 202(a)(4) that the average annual 

14 price of a zero-emission electricity credit is equal to 

15 or less than one half of the alternative compliance 

16 payment for each of the 3 calendar years prior to 

17 the applicable calendar year; or 

18 (B) if the Secretary has not made the deter19 mination described under subparagraph (A)— 

20 (i) any of the 5 calendar years following 

21 the applicable calendar year, if the applicable 

22 calendar year is any of calendar years 2022 

23 through 2029; 

24 (ii) any of the 4 calendar years following 

25 the applicable calendar year, if the applicable 


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1 calendar year is any of calendar years 2030 

2 through 2034; 

3 (iii) any of the 3 calendar years following 

4 the applicable calendar year, if the applicable 

5 calendar year is any of calendar years 2035 

6 through 2039; and 

7 (iv) any of the 2 calendar years following 

8 the applicable calendar year, if the applicable 

9 calendar year is 2040 or any calendar year 

10 thereafter. 

11 SEC. 204. DETERMINATION AND ISSUANCE OF QUANTITY 

12 OF ZERO-EMISSION ELECTRICITY CREDITS. 

13 (a) ISSUANCE OF ZERO-EMISSION ELECTRICITY

14 CREDITS.—The Secretary shall issue to each generator a 

15 quantity of zero-emission electricity credits determined in 

16 accordance with this section, not later than March 1 of 

17 the calendar year after the calendar year for which the 

18 zero-emission electricity credits are issued. 

19 (b) GENERAL RULES ON CREDIT ISSUANCE.—Except 

20 as otherwise provided in this section, the Secretary shall 

21 issue to a generator generating zero-emission electricity 

22 during a calendar year a quantity of zero-emission elec23 tricity credits for such generation that is equal to the 

24 product obtained by multiplying— 


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1 (1) the qualified electricity generation of the 

2 generator during such calendar year; by 

3 (2) the number that equals— 

4 (A) 1.0; less 

5 (B) the quotient obtained by dividing— 

6 (i) the average carbon intensity of the 

7 generating units of such generator for such 

8 calendar year, as determined in accordance 

9 with subsection (c); by 

10 (ii) 0.82. 

11 (c) GENERAL RULES ON DETERMINING CARBON IN12 TENSITY.—Notwithstanding any other provision of this 

13 section, the Secretary shall determine the carbon intensity 

14 of each generating unit of a generator. Such determination 

15 shall be made— 

16 (1) using data and methods from the Air Emis17 sion Measurement Center of the Environmental Pro18 tection Agency for emission testing and monitoring, 

19 including— 

20 (A) continuous emission monitoring sys21 tems; and 

22 (B) predictive emission monitoring sys23 tems; and 

24 (2) with respect to a determination of the car25 bon intensity of any generating unit using qualified 


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1 renewable biomass or qualified low-carbon fuel, or 

2 generating qualified waste-to-energy, in consultation 

3 with— 

4 (A) the Secretary of Agriculture; and 

5 (B) the Secretary of the Interior. 

6 (d) CARBON INTENSITY FOR CERTAIN CATEGORIES

7 OF GENERATING UNITS.— 

8 (1) GENERATING UNITS UTILIZING TECH9 NOLOGIES WITHOUT DIRECT EMISSIONS.—The Sec10 retary shall assign a carbon intensity of zero for any 

11 generating unit of a generator that does not produce 

12 direct emissions of any greenhouse gas in generating 

13 electric energy, including any generating unit that 

14 generates electric energy only through the use of 

15 solar, wind, ocean, current, wave, tidal, geothermal, 

16 nuclear energy, or hydropower technology (except as 

17 described under paragraph (3)). 

18 (2) GENERATING UNITS UTILIZING TECH19 NOLOGIES UTILIZING FOSSIL FUELS.— 

20 (A) ACCOUNTING FOR UPSTREAM GREEN21 HOUSE GAS EMISSIONS.—In determining the 

22 carbon intensity of each generating unit using 

23 fossil fuel, the Secretary shall utilize the best 

24 available science, including with respect to the 

25 measurement of low-frequency high-emission 


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1 events, including data from the detection of 

2 natural gas flaring from the satellite observa3 tions of the National Oceanic and Atmospheric 

4 Administration, to account for— 

5 (i) the carbon dioxide emissions of the 

6 generating unit; and 

7 (ii)(I) the average amounts of carbon 

8 dioxide and methane emissions, in terms of 

9 carbon dioxide equivalent, that occur dur10 ing extraction, flaring, processing, and 

11 transportation in the United States of the 

12 fossil fuel consumed by the generator; or 

13 (II) with respect to a generator that 

14 the Secretary determines under subpara15 graph (B) has demonstrated that the fossil 

16 fuel consumed by such generator is associ17 ated with the release of smaller amounts of 

18 carbon dioxide and methane emissions 

19 than the amounts described in subclause 

20 (I), such smaller amounts. 

21 (B) DETERMINATION.— 

22 (i) IN GENERAL.—The Secretary may 

23 determine that a generator has dem24 onstrated that the fossil fuel consumed by 

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1 lease of smaller amounts of carbon dioxide 

2 and methane emissions than the amounts 

3 described in subparagraph (A)(ii)(I) if the 

4 generator— 

5 (I) accounts for low-frequency, 

6 high-emission events; and 

7 (II) uses direct measurements of 

8 the applicable facilities, which may in9 clude measurements made in the 

10 course of participation in a voluntary 

11 program or public disclosure of the 

12 quantified methane emission intensity 

13 of the applicable facilities. 

14 (ii) PUBLIC AVAILABILITY.—The in15 formation provided to the Secretary by a 

16 generator to make a determination under 

17 this subparagraph shall be available to the 

18 public upon such determination. 

19 (C) STANDARDS.—The Secretary shall pro20 mulgate the standards for measurement nec21 essary to implement subparagraph (A) not less 

22 than 2 years after the date of enactment of this 

23 title and shall update such standards every 5 

24 years thereafter, based on the best available 

25 science. 


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1 (3) HYDROPOWER UTILIZING A NEW RES2 ERVOIR.—In determining the carbon intensity of 

3 each generating unit using hydropower associated 

4 with a reservoir constructed after the date of enact5 ment of this Act, the Secretary shall account for the 

6 greenhouse gas emissions that can be attributed to 

7 the hydropower facility, including the applicable new 

8 reservoir. 

9 (e) QUANTITY OF CREDITS ISSUED FOR CERTAIN

10 CATEGORIES OF GENERATING UNITS.— 

11 (1) QUALIFIED COMBINED HEAT AND POWER

12 SYSTEMS.— 

13 (A) IN GENERAL.—The Secretary shall 

14 issue to a generator generating zero-emission 

15 electricity during a calendar year using a gener16 ating unit that is a qualified combined heat and 

17 power system a quantity of zero-emission elec18 tricity credits for such generation that is equal 

19 to— 

20 (i) the product obtained by multi21 plying— 

22 (I) the number of megawatt23 hours of electric energy generated by 

24 the qualified combined heat and power 

25 system during such calendar year; by 


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1 (II) the number that equals— 

2 (aa) 1.0; less 

3 (bb) the quotient obtained 

4 by dividing— 

5 (AA) the carbon inten6 sity of the qualified com7 bined heat and power sys8 tem; by 

9 (BB) 0.82; less 

10 (ii) the product obtained by multi11 plying— 

12 (I) the number of megawatt13 hours of electric energy generated by 

14 the qualified combined heat and power 

15 system that are consumed onsite dur16 ing such calendar year; by 

17 (II) the average of the minimum 

18 percentage of zero-emission electricity 

19 (as defined in section 202(a)(5)) for 

20 the calendar year for retail electricity 

21 suppliers in the region of the gener22 ator, as determined by the Secretary. 

23 (B) ADDITIONAL CREDITS.—In addition to 

24 zero-emission electricity credits issued under 

25 subparagraph (A), the Secretary shall issue to 


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1 a generator described in subparagraph (A) zero2 emission electricity credits for greenhouse gas 

3 emissions avoided as a result of the use of the 

4 applicable qualified combined heat and power 

5 system, rather than a separate thermal source, 

6 to meet the thermal needs of the generator or 

7 one or more additional entities. 

8 (C) APPLICABILITY.—This paragraph shall 

9 not apply with respect to a qualified combined 

10 heat and power system using qualified renew11 able biomass. 

12 (2) QUALIFIED RENEWABLE BIOMASS.—The 

13 Secretary shall issue to a generator generating zero14 emission electricity during a calendar year using 

15 qualified renewable biomass a quantity of zero-emis16 sion electricity credits for such generation that is 

17 equal to the product obtained by multiplying— 

18 (A) the qualified electricity generation of 

19 the generator using qualified renewable biomass 

20 during such calendar year; by 

21 (B) the average carbon intensity of the 

22 generating units of the generator that use 

23 qualified renewable biomass. 

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1 emission electricity during a calendar year that is 

2 qualified waste-to-energy a quantity of zero-emission 

3 electricity credits for such generation that is equal 

4 to the product obtained by multiplying— 

5 (A) the qualified waste-to-energy of the 

6 generator that is qualified electricity generation 

7 during such calendar year; by 

8 (B) the average carbon intensity of the 

9 generating units of the generator used to gen10 erate qualified waste-to-energy. 

11 (4) QUALIFIED LOW-CARBON FUELS.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (C), the Secretary shall issue to 

14 a generator generating zero-emission electricity 

15 during a calendar year using qualified low-car16 bon fuels a quantity of zero-emission electricity 

17 credits for such generation that is equal to the 

18 product obtained by multiplying— 

19 (i) the qualified electricity generation 

20 of the generator using qualified low-car21 bon-fuels during such calendar year; by 

22 (ii) the average carbon intensity of the 

23 generating units of the generator that use 

24 qualified low-carbon fuels. 


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1 (B) ADJUSTMENT FOR PRODUCTION.—In 

2 determining the carbon intensity of each gener3 ating unit using a qualified low-carbon fuel, the 

4 Secretary shall account for the greenhouse gas 

5 emissions associated with the production of 

6 such qualified low-carbon fuel. 

7 (C) NO DOUBLE-COUNTING.—The Sec8 retary shall not issue zero-emission electricity 

9 credits for electric energy generated using a 

10 qualified low-carbon fuel that is generated from 

11 electric energy for which a generator is issued 

12 a zero-emission electricity credit under this 

13 title. 

14 (5) CARBON CAPTURE, STORAGE, AND UTILIZA15 TION.— 

16 (A) DEFINITIONS.—In this paragraph, the 

17 term ‘‘qualified carbon oxide’’ has the meaning 

18 given the term in section 45Q of the Internal 

19 Revenue Code of 1986. 

20 (B) QUANTITY OF CREDITS.—Except as 

21 otherwise provided in this section, the Secretary 

22 shall, with respect to a given calendar year, 

23 issue to a generator a quantity of zero-emission 

24 electricity credits for the capture and storage or 

25 utilization of qualified carbon oxide from a 


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1 waste stream of the generator that is equal to 

2 the product obtained by multiplying— 

3 (i) the qualified electricity generation 

4 of the generator during such calendar year; 

5 by 

6 (ii) the difference between— 

7 (I) 1.0; and 

8 (II) the quotient obtained by di9 viding— 

10 (aa) the carbon intensity of 

11 the generator; by 

12 (bb) 0.82. 

13 (6) DIRECT AIR CAPTURE OF CARBON DIOX14 IDE.— 

15 (A) QUANTITY OF CREDITS.—The Sec16 retary shall issue to an entity that captures car17 bon dioxide from the atmosphere and stores or 

18 utilizes such carbon dioxide 1 zero-emission 

19 electricity credit for every 0.82 metric tons of 

20 carbon dioxide equivalent that is captured and 

21 stored or utilized. 

22 (B) SPECIAL RULES.— 

23 (i) REGULATIONS.—Subject to clause 

24 (ii), not later than 1 year after the date of 


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1 enactment of this Act, the Secretary shall 

2 promulgate regulations establishing— 

3 (I) the conditions under which 

4 carbon dioxide may be safely and per5 manently stored for purposes of 

6 issuing zero-emission electricity cred7 its under this paragraph; 

8 (II) the methods and processes 

9 by which carbon dioxide may be uti10 lized in a manner that ensures the re11 moval of the carbon dioxide safely and 

12 permanently from the atmosphere, in13 cluding utilization in the production of 

14 substances, such as plastics and 

15 chemicals; and 

16 (III) requirements to account, in 

17 issuing zero-emission electricity cred18 its under this section, for the risk that 

19 some fraction of the carbon dioxide in20 tended for permanent storage or utili21 zation may nevertheless be emitted 

22 into the atmosphere. 

23 (ii) EXISTING REQUIREMENTS.—In 

24 promulgating regulations pursuant to this 

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1 porate any existing requirements for the 

2 permanent geologic storage of carbon diox3 ide, including any requirements promul4 gated under section 45Q of the Internal 

5 Revenue Code of 1986. 

6 (f) MAXIMUM QUANTITY OF CREDITS.—Except as 

7 provided under subsection (e)(1), the total quantity of 

8 zero-emission electricity credits issued under this section 

9 to a generator for a calendar year shall not exceed the 

10 number of megawatt-hours of the qualified electricity gen11 eration of the generator for the calendar year. 

12 (g) NO NEGATIVE CREDITS.—Notwithstanding any 

13 other provision of this title, the Secretary shall not issue 

14 a negative quantity of zero-emission electricity credits to 

15 any generator. 

16 (h) FACILITIES OUTSIDE THE UNITED STATES.— 

17 With respect to electricity generated by a facility or gener18 ating unit that is located outside of the United States, 

19 a zero-emission electricity credit may be issued only with 

20 respect to electricity that is sold for resale in the United 

21 States. 

22 (i) CONTRACTS.—A zero-emission electricity credit 

23 issued for electricity that is— 

24 (1) sold for resale under a contract in effect on 

25 the date of enactment of this title shall be issued to 


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1 the purchasing retail electricity supplier in propor2 tion to the zero-emission electricity purchased by 

3 such retail electricity supplier under the contract, 

4 unless otherwise provided by the contract; and 

5 (2) sold for resale under a contract in which a 

6 generating unit is not specified, shall be issued to 

7 the purchasing retail electricity supplier in propor8 tion to the ratio of zero-emission electricity genera9 tion from the generator making such sale for resale. 

10 (j) FEDERAL POWER MARKETING ADMINISTRA11 TION.—A zero-emission electricity credit issued for elec12 tricity that is generated by a Federal Power Marketing 

13 Administration shall be conveyed to the retail electricity 

14 supplier that is purchasing the electricity. 

15 (k) RECIPIENTS OF ACCELERATION INVESTMENT

16 CREDITS.—A qualified zero-emission electricity taxpayer 

17 that receives a zero-emission electricity acceleration invest18 ment credit for a calendar year under section 45U of the 

19 Internal Revenue Code of 1986, as added by section 301 

20 of this Act, shall not be issued any zero-emission elec21 tricity credits under this section after such calendar year. 

22 (l) RECIPIENTS OF ACCELERATION GRANTS.—An eli23 gible electricity provider that receives a grant during a cal24 endar year under section 302 of this Act shall not be 


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1 issued any zero-emission electricity credits under this sec2 tion after such calendar year. 

3 SEC. 205. CARBON MITIGATION FUND. 

4 (a) CARBON MITIGATION FUND.— 

5 (1) CREATION OF FUND.—There is hereby es6 tablished a trust fund, to be known as the ‘‘Carbon 

7 Mitigation Fund’’, consisting of such amounts as 

8 may be appropriated to such fund as provided in 

9 this section. 

10 (2) ADMINISTRATION.—The Carbon Mitigation 

11 Fund shall be administered by the Secretary. 

12 (3) TRANSFERS TO TRUST FUND.—There are 

13 hereby appropriated to the Carbon Mitigation Fund 

14 each year amounts equal to the sum of the amounts 

15 that are— 

16 (A) attributable to alternative compliance 

17 payments made pursuant to section 202(c); 

18 (B) the alternative compliance payments 

19 that would have been made by any petitioners 

20 under section 202(d) but for a determination of 

21 inadequate availability of technology made by 

22 the Secretary under section 202(d); and 

23 (C) collected as a civil penalty under sec24 tion 209. 


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1 (4) EXPENDITURES.—Amounts in the Carbon 

2 Mitigation Fund shall be available without further 

3 appropriation or fiscal year limitation to carry out 

4 the program under subsection (b). 

5 (b) PROGRAM.— 

6 (1) IN GENERAL.—The Secretary shall carry 

7 out a program to award funds to entities to carry 

8 out activities in States that avoid emissions of green9 house gases or remove carbon dioxide from the at10 mosphere. 

11 (2) ACTIVITIES.—Activities for which the Sec12 retary may award funds under the program carried 

13 out pursuant to this subsection include— 

14 (A) improvement to the energy efficiency 

15 of existing facilities and devices; 

16 (B) the replacement of natural gas space 

17 heaters, natural gas water heaters, and natural 

18 gas stoves, with electric appliances; 

19 (C) the replacement of fossil fuel-powered 

20 vehicles owned by State and local agencies with 

21 electric vehicles or other low-carbon fuel vehi22 cles; 

23 (D) the replacement of fossil fuel-powered 

24 ground airport and seaport vehicles with electric 

25 vehicles or other low-carbon fuel vehicles; 


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1 (E) installation of fast charging stations 

2 for electric vehicles along highways and other 

3 public roads in urban areas and rural areas; 

4 (F) beneficial electrification-related reduc5 tions not otherwise identified in this paragraph; 

6 (G) direct air capture and permanent se7 questration or utilization of carbon dioxide; and 

8 (H) any activity that is endorsed by a gen9 erator or a retail electricity supplier that avoids 

10 emissions of greenhouse gases or removes car11 bon dioxide from the atmosphere. 

12 (3) EXCLUSIONS.—The Secretary may not 

13 award funds to an entity under the program carried 

14 out pursuant to this subsection for any activity for 

15 which the entity has been issued a zero-emission 

16 electricity credit or received a deduction of mega17 watt-hours in the calculation under 202(a)(3) to ac18 count for beneficial electrification-related reductions. 

19 (4) CRITERIA.—The Secretary may only award 

20 funds under the program carried out pursuant to 

21 this subsection for an activity for which the Sec22 retary determines that— 

23 (A) the amount of carbon dioxide emis24 sions avoided or removed from the atmosphere 


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1 by the activity will be adequately confirmed 

2 through monitoring, reporting and verification; 

3 (B) the risk that some amount of the car4 bon dioxide that is removed from the atmos5 phere by the activity may reenter the atmos6 phere at a later date is adequately reflected 

7 through a discounting of the amount described 

8 in paragraph (5)(C)(ii); 

9 (C) the risk that some amount of the 

10 greenhouse gases, the emission of which is 

11 avoided by the activity, may enter the atmos12 phere at a later date is adequately reflected 

13 through a discounting of the amount described 

14 in paragraph (5)(C)(i); 

15 (D) the risk that the activity may directly 

16 or indirectly increase the release of greenhouse 

17 gases from another location has been ade18 quately addressed; 

19 (E) the activity is not required, or being 

20 fully supported financially by, a Federal, State, 

21 or local law, program, or activity; and 

22 (F) if the activity involves land use, the ac23 tivity aligns with the Sustainable Development 

24 Goals of the United Nations, including being 

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1 versity and natural ecosystems (including for2 ests and grasslands), and shall maintain eco3 system services and enhance other social and 

4 environmental benefits. 

5 (5) PROPOSALS.—In order to qualify for an 

6 award of funds under this subsection, an entity shall 

7 submit to the Secretary a proposal that— 

8 (A) describes the activity to be carried out 

9 with the award of funds in a manner specified 

10 by the Secretary; 

11 (B) identifies the amount of money for 

12 which the entity is applying; 

13 (C) identifies the amount, to be measured 

14 in one-year increments, of— 

15 (i) greenhouse gas emissions to be 

16 avoided by the activity, measured in terms 

17 of carbon dioxide equivalent; or 

18 (ii) carbon dioxide to be removed from 

19 the atmosphere by the activity, measured 

20 in metric tons; 

21 (D) identifies the bid amount, expressed as 

22 dollars per metric ton, which shall be the 

23 quotient obtained by dividing the amount iden24 tified under subparagraph (B) by the amount 

25 identified under subparagraph (C); 


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1 (E) provides any information required by 

2 the Secretary in order to make a determination 

3 described in paragraph (4); and 

4 (F) provides any other certifications the 

5 Secretary determines appropriate. 

6 (6) DEADLINES.— 

7 (A) SOLICITATION.—Not later than Feb8 ruary 1, 2024, and each February 1 thereafter, 

9 the Secretary shall solicit proposals for activi10 ties described in paragraph (1) for which the 

11 Secretary may award funds under the program 

12 carried out pursuant to this subsection. 

13 (B) IDENTIFICATION.—Not later than 

14 June 1, 2024, and each June 1 thereafter, the 

15 Secretary shall identify proposals that have 

16 been submitted by March 1 of such calendar 

17 year for activities described in paragraph (1) 

18 that qualify for an award of funds under the 

19 program carried out pursuant to this sub20 section. 

21 (C) AWARD OF FUNDS.—Not later than 

22 August 1, 2024, and each August 1 thereafter, 

23 the Secretary shall award to entities funds 

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1 enue Code of 1986 for activities described in 

2 proposals identified under subparagraph (B). 

3 (7) AWARDS TO MOST COST-EFFECTIVE ACTIVI4 TIES.—The Secretary shall award funds to entities 

5 for activities described in proposals identified under 

6 paragraph (6)(B)— 

7 (A) beginning by awarding funds to the 

8 entity submitting such a proposal with the low9 est bid amount identified pursuant to para10 graph (5)(D); and 

11 (B) then awarding funds to entities se12 quentially by entity submitting such a proposal 

13 with the next lowest bid amount so identified 

14 until all funds are awarded. 

15 (c) CONSULTATION.—The Secretary shall consult 

16 with the Secretary of the Interior, the Secretary of Agri17 culture, and the Administrator of the Environment Pro18 tection Agency in promulgating regulations to measure, 

19 monitor, and verify any natural sequestration activities 

20 awarded under this section. 

21 SEC. 206. STATE PROGRAMS. 

22 (a) SAVINGS PROVISION.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2) and subject to subsection (b), nothing in 

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1 ical subdivision of a State to adopt or enforce any 

2 law or regulation relating to— 

3 (A) clean energy or renewable energy; or 

4 (B) the regulation of a retail electricity 

5 supplier. 

6 (2) FEDERAL LAW.—Except as otherwise pro7 vided in this section, no law or regulation of a State 

8 or a political subdivision of a State may relieve a re9 tail electricity supplier from compliance with an ap10 plicable requirement of this title. 

11 (b) COORDINATION.—The Secretary, in consultation 

12 with States that have clean energy programs or renewable 

13 energy programs in effect, shall facilitate, to the maximum 

14 extent practicable, coordination between the implementa15 tion of this Act and the relevant State clean energy pro16 gram or renewable energy program. 

17 (c) MORE STRINGENT STATE CLEAN ENERGY PRO18 GRAMS.— 

19 (1) DETERMINATION.— 

20 (A) IN GENERAL.—The Secretary, in con21 sultation with States that have State clean en22 ergy programs or renewable energy programs in 

23 effect, shall determine whether each such State 

24 is implementing a more stringent State clean 

25 energy program. 


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1 (B) DEADLINES.—The Secretary shall 

2 make a determination under subparagraph 

3 (A)— 

4 (i) not later than January 1, 2021, 

5 with respect to a State clean energy or re6 newable energy program in effect on the 

7 date of enactment of this Act, and every 5 

8 years thereafter; and 

9 (ii) not later than 6 months after the 

10 date of the enactment by a State, after the 

11 date of enactment of this Act, of a new or 

12 modified existing clean energy or renewable 

13 energy program, and every 5 years there14 after. 

15 (C) PERIOD.—A determination under this 

16 paragraph shall be effective until the earlier 

17 of— 

18 (i) the date that is 5 years after the 

19 date of the determination; or 

20 (ii) the date on which the Secretary 

21 makes a subsequent determination under 

22 this paragraph with respect to the applica23 ble State program. 

24 (2) COMPLIANCE.—If the Secretary determines, 

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1 gent State clean energy program, a retail electricity 

2 supplier that is subject to and in compliance with 

3 such more stringent State clean energy program 

4 shall be deemed to be in compliance with the re5 quirements of this title for the period during which 

6 the determination is effective. 

7 (3) PROHIBITION AGAINST DOUBLE-COUNT8 ING.—The Secretary, in consultation with States, 

9 shall develop a protocol to ensure that a zero-emis10 sion electricity credit may not be issued under this 

11 title with respect to an amount of electric energy for 

12 which one or more State clean energy credits are 

13 issued under, and used for compliance with, a more 

14 stringent State clean energy program. 

15 (d) QUALIFIED ELECTRICITY GENERATION ELIGI16 BLE IN BOTH STATE AND FEDERAL PROGRAMS.— 

17 (1) ISSUANCE OF CREDIT.—In a State that 

18 does not have a more stringent State clean energy 

19 program, 1 megawatt-hour of zero-emission elec20 tricity is eligible to be issued both a State clean en21 ergy credit and a zero-emission electricity credit pur22 suant to this title. 

23 (2) RETIREMENT OF STATE CREDITS.—Retire24 ment of a State clean energy credit for a compliance 

25 with a State law in a State that does not have a 


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1 more stringent State clean energy program shall not 

2 prevent a retail electricity supplier from submitting 

3 a zero-emission electricity credit issued for the same 

4 megawatt-hour of zero-emission electricity for com5 pliance with this title. 

6 (3) SUBMISSION OF FEDERAL CREDITS.—Sub7 mission of a zero-emission electricity credit for com8 pliance with this title shall not prevent a retail elec9 tricity supplier from retiring a State clean energy 

10 credit issued for the same megawatt-hour of quali11 fied electricity generation for compliance with a 

12 State law. 

13 (e) DEFINITIONS.—In this section: 

14 (1) STATE CLEAN ENERGY CREDIT.—The term 

15 ‘‘State clean energy credit’’ means a certificate cor16 responding to the electricity generated from renew17 able or other zero-emission electricity sources that is 

18 issued under a law enacted by a State. 

19 (2) MORE STRINGENT STATE CLEAN ENERGY

20 PROGRAM.—The term ‘‘more stringent State clean 

21 energy program’’ means a law of a State that— 

22 (A) is determined by the Secretary to re23 quire each retail electricity supplier in the 

24 State, during the period described under sub25 section (c)(1)(C), to— 


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1 (i) obtain State clean energy credits 

2 representing an aggregate number of 

3 megawatt-hours of zero-emission electricity 

4 that is larger than the number of zero5 emission electricity credits the retail elec6 tricity supplier would otherwise be required 

7 to submit under section 202; or 

8 (ii) generate a percentage of zero9 emission electricity that is greater than the 

10 percentage that would be required of the 

11 retail electricity supplier under section 

12 202; and 

13 (B) includes compliance mechanisms, in14 cluding the imposition of penalties, that are at 

15 least as effective in enforcing compliance as the 

16 system of enforcement under this title. 

17 SEC. 207. REPORT TO CONGRESS. 

18 Not later than January 1, 2040, the Secretary shall 

19 submit a report to Congress with an evaluation and a fore20 cast of the remaining barriers to achieving generation of 

21 electric energy with no emissions of carbon dioxide by cal22 endar year 2050. 

23 SEC. 208. INFORMATION COLLECTION. 

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1 mines appropriate, to submit to the Secretary any infor2 mation the Secretary determines to be appropriate to 

3 carry out this title. 

4 SEC. 209. CIVIL PENALTIES. 

5 (a) IN GENERAL.—Subject to subsection (b)— 

6 (1) a retail electricity supplier that fails to meet 

7 the requirements of section 202 shall be subject to 

8 a civil penalty in an amount equal to the product ob9 tained by multiplying— 

10 (A) the aggregate quantity of zero-emis11 sion electricity credits that the retail electricity 

12 supplier failed to submit for the calendar year 

13 to comply with section 202; by 

14 (B) 300 percent of the amount of alter15 native compliance payment for the calendar 

16 year, as determined under section 202(c); and 

17 (2) an entity required to submit information 

18 pursuant to section 208 that violates such section by 

19 failing to submit the information, or submitting false 

20 or misleading information, shall be subject to a civil 

21 penalty of $25,000 for each day during which such 

22 violation continues. 

23 (b) WAIVERS AND MITIGATION.— 

24 (1) FORCE MAJEURE.—The Secretary may 

25 mitigate or waive a civil penalty under subsection (a) 


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1 if the applicable retail electricity supplier or other 

2 entity was unable to comply with an applicable re3 quirement for reasons outside of the reasonable con4 trol of the retail electricity supplier or other entity. 

5 (2) REDUCTION FOR STATE PENALTIES.—The 

6 Secretary shall reduce the amount of a penalty de7 termined under subsection (a) by the amount paid 

8 by the applicable retail electricity supplier to a State 

9 for failure to comply with the requirement of a State 

10 renewable energy program, if the State requirement 

11 is more stringent than the applicable requirement of 

12 this title. 

13 (c) PROCEDURE FOR ASSESSING PENALTY.—The 

14 Secretary shall assess a civil penalty under this section 

15 in accordance with section 333(d) of the Energy Policy 

16 and Conservation Act (42 U.S.C. 6303(d)). 

17 SEC. 210. REGULATIONS. 

18 (a) IN GENERAL.—Except as otherwise provided in 

19 this title, not later than 2 years after the date of enact20 ment of this title, the Secretary shall promulgate regula21 tions to implement this title. 

22 (b) CONSULTATION.—The Secretary shall consult 

23 with the Administrator of the Environmental Protection 

24 Agency in promulgating the regulations to implement this 

25 title. 


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1 Subtitle B—Methane Regulation 

2 SEC. 211. METHANE REGULATION. 

3 (a) NATIONAL GOAL.—The goal of this section is to 

4 reduce steadily the quantity of methane emissions from 

5 the oil and natural gas sector such that the quantity of 

6 methane emissions in calendar year 2030 from the oil and 

7 natural gas sector is at least 90 percent below the quantity 

8 of methane emissions in calendar year 2012 from such 

9 sector. 

10 (b) MAINTAINING FINAL NSPS RULE.—The Admin11 istrator may not repeal, replace, or amend the final rule 

12 entitled ‘‘Oil and Natural Gas Sector: Emission Standards 

13 for New, Reconstructed, and Modified Sources’’ as pub14 lished by the Environmental Protection Agency in the 

15 Federal Register on June 3, 2016 (81 Fed. Reg. 35,824 

16 et seq.), until regulations are promulgated pursuant to 

17 subsection (c). 

18 (c) REGULATIONS TO MEET THE NATIONAL GOAL.— 

19 (1) MEETING THE NATIONAL GOAL.— 

20 (A) DEADLINE.—Not later than December 

21 31, 2022, the Administrator shall promulgate 

22 final regulations under section 111 of the Clean 

23 Air Act (42 U.S.C. 7411) to limit methane 

24 emissions from the oil and natural gas sector to 


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1 achieve the national goal specified in subsection 

2 (a). 

3 (B) CONTENTS.—The regulations required 

4 by subparagraph (A) shall provide for the es5 tablishment, implementation, and enforcement 

6 of standards of performance for limiting emis7 sions of methane from new sources under sec8 tion 111(b) of the Clean Air Act (42 U.S.C. 

9 7411(b)), and guidelines for States to establish, 

10 implement, and enforce standards of perform11 ance for existing sources under section 111(d) 

12 of the Clean Air Act (42 U.S.C. 7411(d)). Such 

13 standards of performance shall— 

14 (i) require the application of the best 

15 system of emission reduction to include ap16 plication of the best system of venting and 

17 leakage reduction for new and existing nat18 ural gas transmission and distribution 

19 pipelines; and 

20 (ii) apply to new sources, and existing 

21 sources, including— 

22 (I) new sources, and existing 

23 sources, with equipment that handles 

24 liquefied natural gas; 


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1 (II) new and existing offshore pe2 troleum and natural gas production 

3 facilities; and 

4 (III) other petroleum and natural 

5 gas facilities, as determined by the 

6 Administrator. 

7 (2) COVERED SOURCES.—The regulations pro8 mulgated pursuant to this subsection shall apply to 

9 new sources and existing sources of methane within 

10 every segment of the oil and natural gas sector. 

11 (d) PUBLIC HEALTH AND WELFARE.—For purposes 

12 of section 111 of the Clean Air Act (42 U.S.C. 7411), 

13 methane emissions from the oil and gas sector are deemed 

14 to reasonably be anticipated to endanger public health or 

15 welfare. 

16 (e) DEFINITIONS.—In this section: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency. 

20 (2) EXISTING SOURCE; NEW SOURCE; STAND21 ARD OF PERFORMANCE.—The terms ‘‘existing 

22 source’’, ‘‘new source’’, and ‘‘standard of perform23 ance’’, have the meaning given such terms in section 

24 111(a) of the Clean Air Act (42 U.S.C. 7411(a)). 


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1 TITLE III—INCENTIVES FOR THE 

2 ACCELERATED DEPLOYMENT 

3 OF 100-PERCENT ZERO-EMIS4 SION ELECTRICITY SYSTEM 

5 SEC. 300. PURPOSE. 

6 The purpose of this title is to provide support for any 

7 given power company to accelerate the deployment of a 

8 100-percent zero-emission electricity generation system as 

9 early as possible before 2050. 

10 SEC. 301. ZERO-EMISSION ELECTRICITY ACCELERATION IN11 VESTMENT TAX CREDIT. 

12 (a) IN GENERAL.—Subpart D of part IV of sub13 chapter A of chapter 1 of the Internal Revenue Code of 

14 1986 is amended by adding at the end the following new 

15 section: 

16 ‘‘SEC. 45U. ZERO-EMISSION ELECTRICITY ACCELERATION 

17 INVESTMENT CREDIT. 

18 ‘‘(a) IN GENERAL.—For purposes of section 38, in 

19 the case of a taxpayer who is a qualified zero-emission 

20 electricity taxpayer, the zero-emission electricity accelera21 tion investment credit shall be the applicable percentage 

22 of the cost of a qualified zero-emission electricity gener23 ating unit. 

24 ‘‘(b) DEFINITIONS.—In this section; 


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1 ‘‘(1) APPLICABLE PERCENTAGE.—The term 

2 ‘applicable percentage’ means— 

3 ‘‘(A) 50 percent in the case of a qualified 

4 zero-emission electricity generating unit that 

5 begins to generate electricity before December 

6 31, 2025, 

7 ‘‘(B) 40 percent in the case of a qualified 

8 zero-emission electricity generating unit that 

9 begins to generate electricity before December 

10 31, 2030, and 

11 ‘‘(C) 30 percent in the case of a qualified 

12 zero-emission electricity generating unit that 

13 begins to generate electricity before December 

14 31, 2037. 

15 ‘‘(2) GENERATING UNIT.—The term ‘generating 

16 unit’ has the meaning given such term in section 

17 201 of the Clean Energy Innovation and Deploy18 ment Act of 2020. 

19 ‘‘(3) QUALIFIED ZERO-EMISSION ELECTRICITY

20 GENERATING UNIT.—The term ‘qualified zero-emis21 sion electricity generating unit’ means a generating 

22 unit— 

23 ‘‘(A) that is placed into service after the 

24 date of enactment of this section, and 


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1 ‘‘(B) the operation of which does not result 

2 in the release of carbon dioxide into the atmos3 phere. 

4 ‘‘(4) QUALIFIED ZERO-EMISSION ELECTRICITY

5 TAXPAYER.—The term ‘qualified zero-emission elec6 tricity taxpayer’ means, for a taxable year, a tax7 payer who— 

8 ‘‘(A) does not own a generating unit that 

9 emits carbon dioxide at any point during such 

10 taxable year, and 

11 ‘‘(B) for such taxable year, owns non-emit12 ting electricity generating units with a gener13 ating capacity that is equal to or greater than 

14 the annual average generating capacity of gen15 erating units owned by such taxpayer during 

16 the 5-year period ending on the date of the en17 actment of this section. 

18 ‘‘(c) TRANSFERABILITY.— 

19 ‘‘(1) IN GENERAL.—If the qualified zero-emis20 sion electricity taxpayer elects to transfer all (or any 

21 portion specified in the election) of the credit deter22 mined under this section for any taxable year with 

23 respect to any qualified facility to an eligible project 

24 partner for a specified period, then, the eligible 

25 project partner specified in such election (and not 


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1 the taxpayer) shall be treated for purposes of this 

2 title with respect to such credit (or such portion 

3 thereof) as the person producing and selling the elec4 tricity to which such credit (or portion thereof) re5 lates. 

6 ‘‘(2) DEDUCTION FOR PAYMENTS IN CONNEC7 TION WITH TRANSFER.—There shall be allowed as a 

8 deduction under part VI of subchapter B an amount 

9 equal to the amount paid by a taxpayer as consider10 ation for a transfer described in paragraph (1). 

11 ‘‘(3) ELIGIBLE PROJECT PARTNER.— 

12 ‘‘(A) For purposes of this subsection, the 

13 term ‘eligible project partner’ means, with re14 spect to any qualified facility, any person who— 

15 ‘‘(i) has an ownership interest in such 

16 qualified facility, 

17 ‘‘(ii) provided equipment for or serv18 ices in the construction of such qualified 

19 facility, 

20 ‘‘(iii) provides electric transmission or 

21 distribution services for such qualified fa22 cility, 

23 ‘‘(iv) purchases electricity from such 

24 qualified facility pursuant to a contract, or 


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1 ‘‘(v) provides financing for such quali2 fied facility. 

3 ‘‘(B) For purposes of subparagraph (A)(v), 

4 any amount paid as consideration for a transfer 

5 described in paragraph (1) shall not be treated 

6 as financing of a qualified facility. 

7 ‘‘(4) TAXABLE YEAR IN WHICH CREDIT TAKEN

8 INTO ACCOUNT.—In the case of any credit (or por9 tion thereof) with respect to which an election is 

10 made under paragraph (1), such credit shall be 

11 taken into account in the first taxable year of the el12 igible project partner ending with, or after, the elect13 ing taxpayer’s taxable year with respect to which the 

14 credit was determined. 

15 ‘‘(5) LIMITATIONS ON ELECTION.— 

16 ‘‘(A) TIME FOR ELECTION.—An election 

17 under this subsection to transfer any portion of 

18 the credit allowed under this section shall be 

19 made not later than the due date for the return 

20 of tax for the electing taxpayer’s taxable year 

21 with respect to which the credit was deter22 mined. 

23 ‘‘(B) NO FURTHER TRANSFERS.—No elec24 tion may be made under this subsection by a 

25 taxpayer with respect to any portion of the 


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1 credit allowed under this section which has been 

2 previously transferred to such taxpayer under 

3 this paragraph. 

4 ‘‘(C) TREATMENT OF TRANSFER UNDER

5 PRIVATE USE RULES.—For purposes of section 

6 141(b)(1), any benefit derived by an eligible 

7 project partner in connection with an election 

8 under this subsection shall not be taken into ac9 count as a private business use. 

10 ‘‘(D) ADDITIONAL ELECTION REQUIRE11 MENTS.—The Secretary may prescribe such 

12 regulations as may be appropriate to carry out 

13 the purposes of this subsection, including— 

14 ‘‘(i) rules for determining which per15 sons are eligible project partners with re16 spect to any energy property, and 

17 ‘‘(ii) requiring information to be in18 cluded in an election under paragraph (1) 

19 or imposing additional reporting require20 ments. 

21 ‘‘(E) QUALIFIED FACILITY.—For purposes 

22 of this section, the term ‘qualified facility’ has 

23 the meaning given in section 45(d). 

24 ‘‘(d) CREDIT RECAPTURE.—If a taxpayer who has 

25 been allowed a credit under this section for any taxable 


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1 year ceases, in any subsequent taxable year, to be a quali2 fied zero-emission electricity taxpayer, such taxpayer’s tax 

3 under this chapter for such subsequent taxable year shall 

4 be increased by the amount of any credit or credits pre5 viously allocated to such taxpayer under this section (and 

6 not previously recaptured under this subsection). 

7 ‘‘(e) TERMINATION.—This section shall apply to tax8 able years ending before January 1, 2050.’’. 

9 (b) CREDIT MADE PART OF GENERAL BUSINESS

10 CREDIT.—Subsection (b) of section 38 of the Internal 

11 Revenue Code of 1986 is amended by striking ‘‘plus’’ at 

12 the end of paragraph (32), by striking the period at the 

13 end of paragraph (33) and inserting ‘‘, plus’’, and by add14 ing at the end the following new paragraph: 

15 ‘‘(34) the zero-emission electricity acceleration 

16 investment credit determined under section 45U.’’. 

17 (c) CLERICAL AMENDMENT.—The table of sections 

18 for subpart D of part IV of subchapter A of chapter 1 

19 of such Code is amended by adding at the end the fol20 lowing new item: 

‘‘Sec. 45U. Zero-emission electricity acceleration investment credit.’’. 

21 (d) 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. 302. ZERO-EMISSION ELECTRICITY ACCELERATION 

2 GRANTS. 

3 (a) IN GENERAL.—Upon application, the Secretary 

4 of Energy shall, subject to the requirements of this section 

5 and the availability of appropriations for such purpose, 

6 provide a grant in an amount specified under subsection 

7 (b) to an eligible electricity provider that— 

8 (1) permanently retires every existing carbon9 emitting generating unit owned by the eligible elec10 tricity provider as of the date that the applicable 

11 percentage for the grant begins to apply under sub12 section (b)(2); and 

13 (2) places into service one or more qualified 

14 zero-emission electricity generating units that re15 place the generation capacity of the carbon-emitting 

16 generating units described in paragraph (1) in suffi17 cient amounts to satisfy the condition specified in 

18 subsection (c). 

19 (b) GRANT AMOUNT.— 

20 (1) IN GENERAL.—The amount of the grant 

21 under subsection (a) with respect to any qualified 

22 zero-emission electricity generating unit shall be the 

23 applicable percentage of the cost of such qualified 

24 zero-emission electricity generating unit. 


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1 (2) APPLICABLE PERCENTAGE.—For purposes 

2 of paragraph (1), the term ‘‘applicable percentage’’ 

3 means— 

4 (A) 50 percent in the case of a qualified 

5 zero-emission electricity generating unit that 

6 begins to generate electricity before December 

7 31, 2025; 

8 (B) 40 percent in the case of a qualified 

9 zero-emission electricity generating unit that 

10 begins to generate electricity before December 

11 31, 2030; and 

12 (C) 30 percent in the case of a qualified 

13 zero-emission electricity generating unit that 

14 begins to generate electricity before December 

15 31, 2037. 

16 (c) CONDITIONS FOR THE GRANT.—No grant shall 

17 be made under this section unless the Secretary of Energy 

18 determines that the eligible electricity provider, as of the 

19 date that the applicable percentage for the grant begins 

20 to apply under subsection (b)(2), owns generating units 

21 that have an aggregate generation capacity that is not less 

22 than the annualized amount of generation capacity that 

23 is owned by such eligible electricity provider during the 

24 5-year period ending on the date of the enactment of this 

25 section. 


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1 (d) TIME FOR PAYMENT OF GRANT.—The Secretary 

2 of Energy shall make payment of any grant under sub3 section (a) during the 60-day period beginning on the later 

4 of— 

5 (1) the date of the application for such grant; 

6 or 

7 (2) the date the qualified zero-emission elec8 tricity generating units described in subsection 

9 (a)(2) for which the grant is being made are placed 

10 into service. 

11 (e) APPLICATION OF CERTAIN RULES.—In making 

12 grants under this section, the Secretary of Energy shall 

13 apply rules similar to the rules of section 50 of the Inter14 nal Revenue Code of 1986 with the exception of section 

15 50(b)(3) and section 50(b)(4) for an entity described in 

16 section 50(b)(4)(A)(i). In applying such rules, if an eligi17 ble electricity provider acquires a carbon-emitting gener18 ating unit after a grant is made to the eligible electricity 

19 provider, the Secretary shall provide for the recapture of 

20 the appropriate percentage of the grant amount in such 

21 manner as the Secretary determines appropriate. 

22 (f) DEFINITIONS.—For purposes of this section: 

23 (1) CARBON-EMITTING GENERATING UNIT.— 

24 The term ‘‘carbon-emitting generating unit’’ means 


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1 a generating unit the operation of which results in 

2 the release of carbon dioxide to the atmosphere. 

3 (2) ELIGIBLE ELECTRICITY PROVIDER.—The 

4 term ‘‘eligible electricity provider’’ means an entity 

5 in the United States that— 

6 (A) owns one or more generating units; 

7 and 

8 (B) sells the electricity generated by such 

9 generating units. 

10 (3) GENERATING UNIT.—The term ‘‘generating 

11 unit’’ has the meaning given such term in section 

12 201 of the Clean Energy Innovation and Deploy13 ment Act of 2020. 

14 (4) QUALIFIED ZERO-EMISSION ELECTRICITY

15 GENERATING UNIT.—The term ‘‘qualified zero-emis16 sion electricity generating unit’’ means a generating 

17 unit— 

18 (A) that is placed into service after the 

19 date of enactment of this section; and 

20 (B) the operation of which does not result 

21 in the release of carbon dioxide into the atmos22 phere. 


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1 TITLE IV—LOW-INCOME RATE2 PAYER PROTECTION 

3 SEC. 400. PURPOSE. 

4 The purpose of this title is to provide low-income resi5 dents technical and financial assistance to help reduce en6 ergy bills, including by making homes more energy effi7 cient. 

8 SEC. 401. WEATHERIZATION ASSISTANCE PROGRAM. 

9 (a) REAUTHORIZATION OF WEATHERIZATION AS10 SISTANCE PROGRAM.—Section 422 of the Energy Con11 servation and Production Act (42 U.S.C. 6872) is amend12 ed by striking paragraphs (1) through (5) and inserting 

13 the following: 

14 ‘‘(1) $350,000,000 for fiscal year 2021; 

15 ‘‘(2) $500,000,000 for fiscal year 2022; 

16 ‘‘(3) $650,000,000 for fiscal year 2023; 

17 ‘‘(4) $800,000,000 for fiscal year 2024; and 

18 ‘‘(5) $1,000,000,000 for each of fiscal years 

19 2025 through 2030.’’. 

20 (b) MODERNIZING THE DEFINITION OF WEATHER21 IZATION MATERIALS.—Section 412(9)(J) of the Energy 

22 Conservation and Production Act (42 U.S.C. 6862(9)(J)) 

23 is amended— 


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1 (1) by inserting ‘‘, including renewable energy 

2 technologies and other advanced technologies,’’ after 

3 ‘‘devices or technologies’’; and 

4 (2) by striking ‘‘, after consulting with the Sec5 retary of Housing and Urban Development, the Sec6 retary of Agriculture, and the Director of the Com7 munity Services Administration’’. 

8 (c) CONSIDERATION OF HEALTH BENEFITS.—Sec9 tion 413(b) of the Energy Conservation and Production 

10 Act (42 U.S.C. 6863(b)) is amended— 

11 (1) in paragraph (1), by striking ‘‘Health, Edu12 cation, and Welfare’’ and inserting ‘‘Health and 

13 Human Services’’; 

14 (2) in paragraph (2)(A), by striking ‘‘Health, 

15 Education, and Welfare’’ and inserting ‘‘Health and 

16 Human Services’’; 

17 (3) in paragraph (3)— 

18 (A) by striking ‘‘and with the Director of 

19 the Community Services Administration’’; 

20 (B) by inserting ‘‘and by’’ after ‘‘in car21 rying out this part,’’; and 

22 (C) by striking ‘‘, and the Director of the 

23 Community Services Administration in carrying 

24 out weatherization programs under section 


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1 222(a)(12) of the Economic Opportunity Act of 

2 1964’’; 

3 (4) by redesignating paragraphs (4) through 

4 (6) as paragraphs (5) through (7), respectively; and 

5 (5) by inserting after paragraph (3), the fol6 lowing: 

7 ‘‘(4) The Secretary may amend the regulations pre8 scribed under paragraph (1) to provide that the standards 

9 described in paragraph (2)(A) take into consideration im10 provements in the health and safety of occupants of dwell11 ing units, and other nonenergy benefits, from weatheriza12 tion.’’. 

13 (d) CONTRACTOR OPTIMIZATION.— 

14 (1) IN GENERAL.—The Energy Conservation 

15 and Production Act is amended by inserting after 

16 section 414B (42 U.S.C. 6864b) the following: 

17 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 

18 ‘‘(a) IN GENERAL.—The Secretary may request that 

19 entities receiving funding from the Federal Government 

20 or from a State through a weatherization assistance pro21 gram under section 413 or section 414 perform periodic 

22 reviews of the use of private contractors in the provision 

23 of weatherization assistance, and encourage expanded use 

24 of contractors as appropriate. 


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1 ‘‘(b) USE OF TRAINING FUNDS.—Entities described 

2 in subsection (a) may use funding described in such sub3 section to train private, non-Federal entities that are con4 tracted to provide weatherization assistance under a 

5 weatherization program, in accordance with rules deter6 mined by the Secretary.’’. 

7 (2) TABLE OF CONTENTS AMENDMENT.—The 

8 table of contents for the Energy Conservation and 

9 Production Act is amended by inserting after the 

10 item relating to section 414B the following: 

‘‘Sec. 414C. Contractor optimization.’’. 

11 (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE12 MENT AND INNOVATION.— 

13 (1) IN GENERAL.—The Energy Conservation 

14 and Production Act is amended by inserting after 

15 section 414C (as added by subsection (d) of this sec16 tion) the following: 

17 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE18 MENT AND INNOVATION. 

19 ‘‘(a) PURPOSES.—The purposes of this section are— 

20 ‘‘(1) to expand the number of dwelling units 

21 that are occupied by low-income persons that receive 

22 weatherization assistance by making such dwelling 

23 units weatherization-ready; 


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1 ‘‘(2) to promote the deployment of zero-emis2 sion electric energy in dwelling units that are occu3 pied by low-income persons; 

4 ‘‘(3) to ensure healthy indoor environments by 

5 enhancing or expanding health and safety measures 

6 and resources available to dwellings that are occu7 pied by low-income persons; 

8 ‘‘(4) to disseminate new methods and best prac9 tices among entities providing weatherization assist10 ance; and 

11 ‘‘(5) to encourage entities providing weatheriza12 tion assistance to hire and retain employees who are 

13 individuals— 

14 ‘‘(A) from the community in which the as15 sistance is provided; and 

16 ‘‘(B) from communities or groups that are 

17 underrepresented in the home energy perform18 ance workforce, including religious and ethnic 

19 minorities, women, veterans, individuals with 

20 disabilities, individuals who are socioeconomical21 ly disadvantaged, and energy transition workers 

22 (as defined in section 511 of the Clean Energy 

23 Innovation and Deployment Act of 2020). 

24 ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 

25 to the extent funds are made available, award financial 


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1 assistance, on an annual basis, through a competitive 

2 process to entities receiving funding from the Federal Gov3 ernment or from a State, tribal organization, or unit of 

4 general purpose local government through a weatheriza5 tion program under section 413 or section 414, or to non6 profit entities, to be used by such an entity— 

7 ‘‘(1) with respect to dwelling units that are oc8 cupied by low-income persons, to— 

9 ‘‘(A) implement measures to make such 

10 dwelling units weatherization-ready by address11 ing structural, plumbing, roofing, and electrical 

12 issues, environmental hazards, or other meas13 ures that the Secretary determines to be appro14 priate; 

15 ‘‘(B) install energy efficiency technologies, 

16 including home energy management systems, 

17 smart devices, technologies that have been 

18 awarded a prize under section 128 of the Clean 

19 Energy Innovation and Deployment Act of 

20 2020, and other technologies the Secretary de21 termines to be appropriate; 

22 ‘‘(C) install renewable energy systems (as 

23 defined in section 415(c)(6)(A)); and 

24 ‘‘(D) implement measures to ensure 

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1 door air quality, accessibility, and other healthy 

2 homes measures as determined by the Sec3 retary; 

4 ‘‘(2) to improve the capability of the entity— 

5 ‘‘(A) to significantly increase the number 

6 of energy retrofits performed by such entity; 

7 ‘‘(B) to replicate best practices for work 

8 performed pursuant to this section on a larger 

9 scale; 

10 ‘‘(C) to leverage additional funds to sus11 tain the provision of weatherization assistance 

12 and other work performed pursuant to this sec13 tion after financial assistance awarded under 

14 this section is expended; and 

15 ‘‘(D) to hire and retain employees who are 

16 individuals described subsection (a)(5); 

17 ‘‘(3) for innovative outreach and education re18 garding the benefits and availability of weatheriza19 tion assistance and other assistance available pursu20 ant to this section; 

21 ‘‘(4) for quality control of work performed pur22 suant to this section; 

23 ‘‘(5) for data collection, measurement, and 

24 verification with respect to such work; 


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1 ‘‘(6) for program monitoring, oversight, evalua2 tion, and reporting regarding such work; 

3 ‘‘(7) for labor, training, and technical assist4 ance relating to such work; 

5 ‘‘(8) for planning, management, and adminis6 tration (up to a maximum of 15 percent of the as7 sistance provided); and 

8 ‘‘(9) for such other activities as the Secretary 

9 determines to be appropriate. 

10 ‘‘(c) AWARD FACTORS.—In awarding financial assist11 ance under this section, the Secretary shall consider— 

12 ‘‘(1) the applicant’s record of constructing, ren13 ovating, repairing, or making energy efficient single14 family, multifamily, or manufactured homes that are 

15 occupied by low-income persons, either directly or 

16 through affiliates, chapters, or other partners (using 

17 the most recent year for which data are available); 

18 ‘‘(2) the number of dwelling units occupied by 

19 low-income persons that the applicant has built, ren20 ovated, repaired, weatherized, or made more energy 

21 efficient in the 5 years preceding the date of the ap22 plication; 

23 ‘‘(3) the qualifications, experience, and past 

24 performance of the applicant, including experience 


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1 successfully managing and administering Federal 

2 funds; 

3 ‘‘(4) the strength of an applicant’s proposal to 

4 achieve one or more of the purposes under sub5 section (a); 

6 ‘‘(5) the extent to which such applicant will uti7 lize partnerships and regional coordination to 

8 achieve one or more of the purposes under sub9 section (a); 

10 ‘‘(6) regional and climate zone diversity; 

11 ‘‘(7) urban, suburban, and rural localities; and 

12 ‘‘(8) such other factors as the Secretary deter13 mines to be appropriate. 

14 ‘‘(d) APPLICATIONS.— 

15 ‘‘(1) ADMINISTRATION.—To be eligible for an 

16 award of financial assistance under this section, an 

17 applicant shall submit to the Secretary an applica18 tion in such manner and containing such informa19 tion as the Secretary may require. 

20 ‘‘(2) AWARDS.—Subject to the availability of 

21 appropriations, not later than 270 days after the 

22 date of enactment of this section, the Secretary shall 

23 make a first award of financial assistance under this 

24 section. 

25 ‘‘(e) MAXIMUM AMOUNT AND TERM.— 


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1 ‘‘(1) IN GENERAL.—The total amount of finan2 cial assistance awarded to an entity under this sec3 tion shall not exceed $2,000,000. 

4 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 

5 The total amount of financial assistance awarded to 

6 an entity under this section shall be reduced by the 

7 cost of any technical and training assistance pro8 vided by the Secretary that relates to such financial 

9 assistance. 

10 ‘‘(3) TERM.—The term of an award of financial 

11 assistance under this section shall not exceed 3 

12 years. 

13 ‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An 

14 entity may use financial assistance awarded to such 

15 entity under this section in conjunction with other 

16 financial assistance provided to such entity under 

17 this part. 

18 ‘‘(f) REQUIREMENTS.—Not later than 90 days after 

19 the date of enactment of this section, the Secretary shall 

20 issue requirements to implement this section, including, 

21 for entities receiving financial assistance under this sec22 tion— 

23 ‘‘(1) standards for allowable expenditures; 

24 ‘‘(2) a minimum saving-to-investment ratio; and 

25 ‘‘(3) standards for— 


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1 ‘‘(A) training programs; 

2 ‘‘(B) energy audits; 

3 ‘‘(C) the provision of technical assistance; 

4 ‘‘(D) monitoring activities carried out 

5 using such financial assistance; 

6 ‘‘(E) verification of energy and cost sav7 ings; 

8 ‘‘(F) liability insurance requirements; and 

9 ‘‘(G) recordkeeping and reporting require10 ments, which shall include reporting to the Of11 fice of Weatherization and Intergovernmental 

12 Programs of the Department of Energy applica13 ble data on each dwelling unit retrofitted or 

14 otherwise assisted pursuant to this section. 

15 ‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 

16 Nothing in this section supersedes or otherwise affects any 

17 State or local law, to the extent that the State or local 

18 law contains a requirement that is more stringent than 

19 the applicable requirement of this section. 

20 ‘‘(h) REVIEW AND EVALUATION.—The Secretary 

21 shall review and evaluate the performance of each entity 

22 that receives an award of financial assistance under this 

23 section (which may include an audit). 


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1 ‘‘(i) ANNUAL REPORT.—The Secretary shall submit 

2 to Congress an annual report that provides a description 

3 of— 

4 ‘‘(1) actions taken under this section to achieve 

5 the purposes of this section; and 

6 ‘‘(2) accomplishments as a result of such ac7 tions, including energy and cost savings achieved. 

8 ‘‘(j) FUNDING.— 

9 ‘‘(1) AMOUNTS.— 

10 ‘‘(A) IN GENERAL.—For each of fiscal 

11 years 2021 through 2030, of the amount made 

12 available under section 422 for such fiscal year 

13 to carry out the weatherization program under 

14 this part (not including any of such amount 

15 made available for Department of Energy head16 quarters training or technical assistance), not 

17 more than— 

18 ‘‘(i) 2 percent of such amount (if such 

19 amount is $225,000,000 or more but less 

20 than $260,000,000) may be used to carry 

21 out this section; 

22 ‘‘(ii) 4 percent of such amount (if 

23 such amount is $260,000,000 or more but 

24 less than $300,000,000) may be used to 

25 carry out this section; and 


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1 ‘‘(iii) 6 percent of such amount (if 

2 such amount is $300,000,000 or more) 

3 may be used to carry out this section. 

4 ‘‘(B) MINIMUM.—For each of fiscal years 

5 2021 through 2030, if the amount made avail6 able under section 422 (not including any of 

7 such amount made available for Department of 

8 Energy headquarters training or technical as9 sistance) for such fiscal year is less than 

10 $225,000,000, no funds shall be made available 

11 to carry out this section. 

12 ‘‘(2) LIMITATION.—For any fiscal year, the 

13 Secretary may not use more than $25,000,000 of 

14 the amount made available under section 422 to 

15 carry out this section.’’. 

16 (2) TABLE OF CONTENTS.—The table of con17 tents for the Energy Conservation and Production 

18 Act is amended by inserting after the item relating 

19 to section 414C the following: 

‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 

20 (f) HIRING.— 

21 (1) IN GENERAL.—The Energy Conservation 

22 and Production Act is amended by inserting after 

23 section 414D (as added by subsection (e) of this sec24 tion) the following: 


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1 ‘‘SEC. 414E. HIRING. 

2 ‘‘The Secretary may, as the Secretary determines ap3 propriate, encourage entities receiving funding from the 

4 Federal Government or from a State through a weather5 ization program under section 413 or section 414, to 

6 prioritize the hiring and retention of employees who are 

7 individuals described in section 414D(a)(5).’’. 

8 (2) TABLE OF CONTENTS.—The table of con9 tents for the Energy Conservation and Production 

10 Act is amended by inserting after the item relating 

11 to section 414D the following: 

‘‘Sec. 414E. Hiring.’’. 

12 (g) INCREASE IN ADMINISTRATIVE FUNDS.—Section 

13 415(a)(1) of the Energy Conservation and Production Act 

14 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per15 cent’’ and inserting ‘‘15 percent’’. 

16 (h) AMENDING REWEATHERIZATION DATE.—Para17 graph (2) of section 415(c) of the Energy Conservation 

18 and Production Act (42 U.S.C. 6865(c)) is amended to 

19 read as follows: 

20 ‘‘(2) Dwelling units weatherized (including dwelling 

21 units partially weatherized) under this part, or under 

22 other Federal programs (in this paragraph referred to as 

23 ‘previous weatherization’), may not receive further finan24 cial assistance for weatherization under this part until the 

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1 ization was completed. This paragraph does not preclude 

2 dwelling units that have received previous weatherization 

3 from receiving assistance and services (including the provi4 sion of information and education to assist with energy 

5 management and evaluation of the effectiveness of in6 stalled weatherization materials) other than weatheriza7 tion under this part or under other Federal programs, or 

8 from receiving non-Federal assistance for weatheriza9 tion.’’. 

10 (i) ANNUAL REPORT.—Section 421 of the Energy 

11 Conservation and Production Act (42 U.S.C. 6871) is 

12 amended by inserting ‘‘the number of multifamily build13 ings in which individual dwelling units were weatherized 

14 during the previous year, the number of individual dwell15 ing units in multifamily buildings weatherized during the 

16 previous year,’’ after ‘‘the average size of the dwellings 

17 being weatherized,’’. 

18 (j) REPORT ON WAIVERS.—Not later than 180 days 

19 after the date of enactment of this Act, the Secretary of 

20 Energy shall submit to Congress a report on the status 

21 of any request made after September 30, 2010, for a waiv22 er of any requirement under section 200.313 of title 2, 

23 Code of Federal Regulations, as such requirement applies 

24 with respect to the weatherization assistance program 

25 under part A of title IV of the Energy Conservation and 


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1 Production Act (42 U.S.C. 6861 et seq.), including a de2 scription of any such waiver that has been granted and 

3 any such request for a waiver that has been considered 

4 but not granted. 

5 SEC. 402. LIHEAP AUTHORIZATION. 

6 Section 2602 of the Low-Income Home Energy As7 sistance Act of 1981 (42 U.S.C. 8621) is amended— 

8 (1) in subsection (b), by striking ‘‘through 

9 2007’’ and inserting ‘‘through 2030’’; and 

10 (2) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘through 

12 2004’’ and inserting ‘‘through 2030’’; and 

13 (B) in paragraph (2), by striking ‘‘through 

14 2004’’ and inserting ‘‘through 2030’’. 

15 TITLE V—ENERGY WORKFORCE 

16 TRANSITION AND TRAINING 

17 SEC. 500. PURPOSES. 

18 The purposes of this title are to provide for a transi19 tion to a modern energy system, including by ensuring 

20 that— 

21 (1) the United States has a workforce prepared 

22 to address the needs of the modern energy system; 

23 (2) workers in declining energy sectors and in 

24 disenfranchised communities acquire well-paying 

25 jobs in growing energy sectors; and 


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1 (3) communities, especially those that are dis2 proportionately vulnerable to the impacts of climate 

3 change and other pollution, can be made resilient to 

4 the impacts of climate change. 

5 Subtitle A—State Energy Plans 

6 SEC. 501. STATE ENERGY PLANS. 

7 (a) IN GENERAL.—Section 362(d) of the Energy Pol8 icy and Conservation Act (42 U.S.C. 6322(d)) is amend9 ed— 

10 (1) in paragraph (16), by striking ‘‘; and’’ and 

11 inserting a semicolon; 

12 (2) by redesignating paragraph (17) as para13 graph (18); and 

14 (3) by inserting after paragraph (16) the fol15 lowing: 

16 ‘‘(17) a State energy plan developed in accord17 ance with section 367; and’’. 

18 (b) STATE ENERGY PLANS.—Part D of title III of 

19 the Energy Policy and Conservation Act (42 U.S.C. 6321 

20 et seq.) is amended by adding at the end the following: 

21 ‘‘SEC. 367. STATE ENERGY PLANS. 

22 ‘‘(a) IN GENERAL.—The Secretary may provide fi23 nancial assistance to a State to develop a State energy 

24 plan, for inclusion in a State energy conservation plan 

25 under section 362(d), to provide for— 


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1 ‘‘(1) the elimination of net greenhouse gas 

2 emissions; 

3 ‘‘(2) improved air and water quality; and 

4 ‘‘(3) conservation of natural resources. 

5 ‘‘(b) CONTENTS.—A State developing a State energy 

6 plan under this section shall include in such plan, meas7 ures to— 

8 ‘‘(1) ensure that the full social cost of carbon 

9 pollution is factored into decision-making associated 

10 with electricity generation and utility investments in 

11 energy efficiency and electric vehicle infrastructure; 

12 ‘‘(2) promote investments in a distribution sys13 tem that takes advantage of technology advancement 

14 and supports reduced pollution, consumer choice, 

15 and a resilient and reliable system; 

16 ‘‘(3) address the need to site transmission lines 

17 and new electricity generating units efficiently; 

18 ‘‘(4) evaluate the role of existing resources as 

19 part of utility planning to accelerate the transition 

20 to low-cost carbon emissions reductions; 

21 ‘‘(5) engage with regional partners to explore 

22 the potential benefits of regional markets; 

23 ‘‘(6) support utility leadership in its efforts to 

24 transition to sources of electricity that result in net 

25 zero greenhouse gas emissions; 


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1 ‘‘(7) support infrastructure upgrades and smart 

2 grid investments to improve system-wide efficiency; 

3 ‘‘(8) support building codes for new and retro4 fitted buildings that promote the energy efficiency of 

5 buildings and the electric grid; 

6 ‘‘(9) support improved appliance efficiency 

7 standards; 

8 ‘‘(10) support investments in electric vehicle in9 frastructure in ways that will ensure a more efficient 

10 grid and greater adoption of electric vehicles, includ11 ing in rural areas; 

12 ‘‘(11) support workforce and economic transi13 tion planning for communities impacted by a chang14 ing energy landscape, as informed by the Energy 

15 Workforce Transition Plan developed under section 

16 512 of the Clean Energy Innovation and Deploy17 ment Act of 2020, and the pilot program developed 

18 under section 523 of such Act; 

19 ‘‘(12) consider the human health and environ20 mental impacts of energy development and climate 

21 change on low-income and underserved populations, 

22 including rural communities, communities of color, 

23 children, the elderly, and sick; and 


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1 ‘‘(13) develop strategies to support local clean 

2 energy goals facilitating utility-community coopera3 tion and private sector partnerships. 

4 ‘‘(c) COORDINATION.—In developing a State energy 

5 plan under this section, a State shall coordinate, as appro6 priate, with— 

7 ‘‘(1) State regulatory authorities (as defined in 

8 section 3 of the Public Utility Regulatory Policies 

9 Act of 1978); 

10 ‘‘(2) electric utilities; 

11 ‘‘(3) Regional Transmission Organizations (as 

12 defined in section 3 of the Federal Power Act) and 

13 Independent System Operators (as defined in section 

14 3 of the Federal Power Act); 

15 ‘‘(4) private entities; 

16 ‘‘(5) State agencies, metropolitan planning or17 ganizations, and local governments; 

18 ‘‘(6) the Energy Workforce Transition Office 

19 established by section 512 of the Clean Energy In20 novation and Deployment Act of 2020; 

21 ‘‘(7) relevant public and private entities; and 

22 ‘‘(8) labor organizations, such as those rep23 resenting workers in the construction, manufac24 turing, or energy sectors. 


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1 ‘‘(d) TECHNICAL ASSISTANCE.—Upon request of the 

2 Governor of a State, the Secretary shall provide informa3 tion and technical assistance in the development, imple4 mentation, or revision of a State energy plan.’’. 

5 SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) STATE ENERGY CONSERVATION PLANS.—Section 

7 365(f) of the Energy Policy and Conservation Act (42 

8 U.S.C. 6325(f)) is amended to read as follows: 

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

10 ‘‘(1) STATE ENERGY CONSERVATION PLANS.— 

11 For the purpose of carrying out this part, there is 

12 authorized to be appropriated $100,000,000 for each 

13 of fiscal years 2022 through 2026. 

14 ‘‘(2) STATE ENERGY PLANS.—In addition to 

15 the amounts authorized under paragraph (1), for the 

16 purpose of carrying out section 367, there is author17 ized to be appropriated $25,000,000 for each of fis18 cal years 2022 through 2026.’’. 

19 (b) TRANSPORTATION ELECTRIFICATION.—Section 

20 131 of the Energy Independence and Security Act of 2007 

21 (42 U.S.C. 17011) is amended— 

22 (1) in subsection (b)(6), by striking ‘‘2008 

23 through 2012’’ and inserting ‘‘2022 through 2026’’; 

24 and 


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1 (2) in subsection (c)(4), by striking ‘‘2008 

2 through 2013’’ and inserting ‘‘2022 through 2026’’. 

3 Subtitle B—Energy Workforce 

4 Transition 

5 SEC. 511. DEFINITIONS. 

6 In this subtitle: 

7 (1) ADVISORY COMMITTEE.—The term ‘‘Advi8 sory Committee’’ means the Energy Workforce 

9 Transition Advisory Committee established by sec10 tion 512(d). 

11 (2) COAL-RELATED FACILITY.—The term ‘‘coal12 related facility’’ includes a coal mine or a coal-fueled 

13 electric generating facility. 

14 (3) COAL-RELATED INDUSTRIAL FACILITY.— 

15 The term ‘‘coal-related industrial facility’’ includes a 

16 facility in the manufacturing and transportation 

17 supply chains of a coal-related facility. 

18 (4) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Office. 

20 (5) DISPROPORTIONATELY IMPACTED COMMU21 NITY.—The term ‘‘disproportionately impacted com22 munity’’ means any community of color, low-to-mid23 dle income community, or indigenous community 

24 that is or has been disproportionately impacted by 

25 energy-related pollution. 


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1 (6) ENERGY TRANSITION COMMUNITY.—The 

2 term ‘‘energy transition community’’ means a mu3 nicipality, county, region, or Indian Tribe that has 

4 been affected since calendar year 2008 or later, or 

5 that demonstrates it will be impacted in the next 36 

6 months, by the loss of 50 or more jobs in total as 

7 a result of the closure of a coal-related facility, a 

8 coal-related industrial facility, or another type of en9 ergy-related entity, as determined by the Office. 

10 (7) ENERGY TRANSITION WORKER.—The term 

11 ‘‘energy transition worker’’ means a worker, includ12 ing workers employed by contractors or subcontrac13 tors, terminated, laid off from employment, or whose 

14 work hours have been reduced, on or after the date 

15 of enactment of this Act, from a coal-related facility, 

16 coal-related industrial facility, or other energy-re17 lated entity. 

18 (8) ENERGY WORKFORCE TRANSITION PLAN.— 

19 The term ‘‘Energy Workforce Transition Plan’’ 

20 means the plan developed under section 512(d). 

21 (9) LABOR ORGANIZATION.—The term ‘‘labor 

22 organization’’ has the meaning given such term in 

23 section 2 of the National Labor Relations Act (29 

24 U.S.C. 152). 


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1 (10) OFFICE.—The term ‘‘Office’’ means the 

2 Energy Workforce Transition Office established by 

3 section 512. 

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

5 means the Secretary of Energy. 

6 (12) WAGE DIFFERENTIAL BENEFIT.—The 

7 term ‘‘wage differential benefit’’ means the dif8 ference between the wages and other benefits pro9 vided by— 

10 (A) a worker’s wages and benefits earned 

11 in a coal-related facility, coal-related industrial12 facility, or other energy-related entity on the 

13 day before the worker is terminated, laid off, or 

14 given a reduction in work-hours; and 

15 (B) the worker’s current wages and bene16 fits, if any, after such a termination, lay-off, or 

17 reduction in work-hours. 

18 SEC. 512. ENERGY WORKFORCE TRANSITION OFFICE AND 

19 ADVISORY COMMITTEE. 

20 (a) ESTABLISHMENT.—There is hereby established 

21 within the Department of Energy an office to be known 

22 as the Energy Workforce Transition Office. 

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1 vided under section 643 of the Department of Energy Or2 ganization Act (42 U.S.C. 7253). 

3 (c) DIRECTOR.—The Secretary shall appoint as the 

4 head of the Office a Director, who shall manage the oper5 ations of the Office. 

6 (d) DUTIES OF THE OFFICE.—The duties of the Of7 fice shall be to— 

8 (1) identify or estimate, to the extent prac9 ticable, with respect to the period that begins on the 

10 date of enactment of this Act and ends on January 

11 1, 2030— 

12 (A) the timing and location of facility clo13 sures and job terminations or layoffs in coal-re14 lated facilities, coal-related industrial-facilities, 

15 and other energy-related entities; and 

16 (B) the impact of such terminations, lay17 offs, or reduced work-hours on affected workers 

18 (including those employed by a contractor or 

19 subcontractor), businesses, and energy transi20 tion communities; and 

21 (2) provide administrative, logistical, research, 

22 and policy support and recommendations to the Ad23 visory Committee. 

24 (e) ENERGY WORKFORCE TRANSITION ADVISORY

25 COMMITTEE.— 


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1 (1) ESTABLISHMENT.—There is hereby estab2 lished an advisory committee, to be known as the 

3 Energy Workforce Transition Advisory Committee. 

4 (2) ENERGY WORKFORCE TRANSITION PLAN.— 

5 (A) IN GENERAL.—The Advisory Com6 mittee shall develop and finalize a plan, to be 

7 known as the Energy Workforce Transition 

8 Plan. 

9 (B) PURPOSE.—The purpose of the En10 ergy Workforce Transition Plan is to identify, 

11 align, and streamline resources to assist work12 ers and communities impacted by the transition 

13 to a clean energy economy. 

14 (C) PUBLIC MEETINGS.—In developing the 

15 Energy Workforce Transition Plan, the Advi16 sory Committee shall hold no less than 4 public 

17 meetings in energy-transition communities, with 

18 opportunities for members of the public to pro19 vide input. 

20 (D) CONTENTS.—The Energy Workforce 

21 Transition Plan shall include— 

22 (i) a description of the challenges that 

23 energy transition communities encounter, 

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1 nomic and employment transition, and 

2 challenges particular to certain regions; 

3 (ii) a description of benefits, grants, 

4 and other sources of funding to address 

5 the challenges described under clause (i) 

6 that may be accessed from Federal, State, 

7 local, and other sources without additional 

8 legislative authority or approval; 

9 (iii) a description of sources of fund10 ing to address the challenges described 

11 under clause (i) that require additional leg12 islative authority or approval; 

13 (iv) recommendations for aligning 

14 local, State, Federal, and other resources 

15 to invest in energy transition communities 

16 and energy transition workers; 

17 (v) recommendations for establishing 

18 benefits for energy transition workers, in19 cluding consideration of— 

20 (I) benefits similar in type, 

21 amount, and duration to Federal ben22 efits that are not otherwise available 

23 to all energy transition workers; 

24 (II) wage differential benefits for 

25 energy transition workers, including 


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1 consideration of eligibility and the du2 ration of the benefits; and 

3 (III) collaboration with existing 

4 or future employers of energy transi5 tion workers and relevant labor orga6 nizations, to inform energy transition 

7 workers how to apply for wage dif8 ferential and other eligible benefits; 

9 (vi) recommendations for grants and 

10 other programmatic support for energy 

11 transition communities and entities that 

12 support energy transition communities, in13 cluding— 

14 (I) counties, municipalities, cities, 

15 or other political subdivisions of a 

16 State; 

17 (II) Indian Tribes; 

18 (III) apprenticeships registered 

19 under the Act of August 16, 1937 

20 (commonly known as the ‘‘National 

21 Apprenticeship Act’’; 50 Stat. 664, 

22 chapter 663; 29 U.S.C. 50 et seq.), 

23 that meet the requirements of parts 

24 29 and 30 of title 29, Code of Federal 


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1 Regulations, as in effect on December 

2 30, 2019; 

3 (IV) institutions of higher edu4 cation; and 

5 (V) public or private nonprofit 

6 organizations or associations; 

7 (vii) recommendations for establishing 

8 community transition resource centers in 

9 energy transition communities, in order to 

10 provide such communities a source of cur11 rent information regarding the resources 

12 described in this subparagraph; 

13 (viii) identification of the projected 

14 short-term and long-term costs of each ac15 tivity recommended in the Energy Work16 force Transition Plan, including worker 

17 benefits, grant programs, and other activi18 ties; 

19 (ix) identification of the potential 

20 sources for sustainable short-term and 

21 long-term funding for implementing the ac22 tivities recommended in the Energy Work23 force Transition Plan; 

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1 ommended in the Energy Workforce Tran2 sition Plan to other sectors and industries 

3 affected by similar economic disruptions; 

4 and 

5 (xi) recommendations, made in con6 sultation with relevant Federal agencies, 

7 including the Department of Labor, and 

8 relevant State authorities, for efficient im9 plementation of the activities recommended 

10 in the Energy Workforce Transition Plan. 

11 (E) REPORT TO CONGRESS.—Not later 

12 than January 1, 2023, the Advisory Committee 

13 shall submit to Congress the Energy Workforce 

14 Transition Plan, as well as any recommenda15 tions to be considered in order to better achieve 

16 the plan. 

17 (3) MEMBERSHIP.—The Advisory Committee 

18 shall consist of the following members: 

19 (A) Ex officio members as follows: 

20 (i) A representative of the Depart21 ment of Labor. 

22 (ii) A representative of the Economic 

23 Development Administration of the De24 partment of Commerce. 


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1 (iii) A representative of the Executive 

2 Office of the President. 

3 (B) The following members appointed by 

4 the Director: 

5 (i) 4 representatives of energy transi6 tion workers, including at least one from a 

7 union representing coal workers, one from 

8 a building trades union, and one from a 

9 union representing other energy transition 

10 workers. 

11 (ii) 3 representatives from energy 

12 transition communities. 

13 (iii) 2 representatives with profes14 sional economic development or workforce 

15 retraining experience. 

16 (iv) 2 representatives of disproportion17 ately impacted communities. 

18 (v) 2 representatives of electric utili19 ties that, on the date of enactment of this 

20 Act, operate a coal-related facility. 

21 (4) TERM.—Except as otherwise provided in 

22 this section, the term of appointment or designation 

23 of a member of the Advisory Committee shall end on 

24 January 1, 2027. 


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1 (5) EXPENSES.—In accordance with section 

2 5703 of title 5, United States Code, each member of 

3 the Advisory Committee may receive payment of a 

4 per diem and reimbursement for actual and nec5 essary expenses. 

6 (6) CHAIR.—The Advisory Committee shall 

7 elect a chair from among its members to serve for 

8 a term not to exceed 2 years, as determined appro9 priate by the Advisory Committee. 

10 (7) MEETINGS.—The Advisory Committee shall 

11 meet at least once every quarter. The chair of the 

12 Advisory Committee may call such additional meet13 ings as are necessary for the Advisory Committee, 

14 with the Secretary, to develop and submit the Con15 gress the Energy Workforce Transition Plan. 

16 (8) ENGAGEMENT OF OTHERS.—The Advisory 

17 Committee may engage additional nonvoting mem18 bers or advisors to provide additional expertise as 

19 needed. 

20 SEC. 513. ENERGY WORKFORCE TRANSITION PLANS AND 

21 REEMPLOYMENT OF AFFECTED WORKERS. 

22 (a) SUBMISSION.—The owner or operator of an en23 ergy-related facility shall to the extent practicable submit 

24 to the Director a workforce transition plan— 


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1 (1) with respect to a coal-fueled electric gener2 ating facility with a capacity of more than 50 

3 megawatts, 12 months before the closure of the fa4 cility; 

5 (2) with respect to a coal mine with a capacity 

6 of more than 4,000,000 short tons of coal per year, 

7 12 months before the closure of the coal mine; and 

8 (3) with respect to an energy-related facility not 

9 described under paragraph (1) or (2), not later than 

10 60 days before the closure of the facility. 

11 (b) CONTENTS.—To the extent practicable, a work12 force transition plan submitted under subsection (a) shall 

13 include estimates of— 

14 (1) the number of workers, including those em15 ployed by a contractor or subcontractor, employed 

16 by the coal-related facility before the closure of the 

17 facility; 

18 (2) the total number of such workers, including 

19 those employed by a contractor or subcontractor, 

20 whose employment, as a result of the closure of the 

21 coal-related facility, will— 

22 (A) be retained; 

23 (B) be eliminated; and 

24 (C) be given a reduction in hours; 


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1 (3) with respect to the workers, including those 

2 employed by a contractor or subcontractor, whose 

3 existing jobs will be eliminated as a result of the clo4 sure of the coal-related facility, the total number, 

5 and the number by job classification, of workers— 

6 (A) whose employment will end without 

7 being offered other employment; 

8 (B) who will retire as planned, be offered 

9 early retirement, or leave on their own; 

10 (C) who will be retained by being trans11 ferred to other activities under the employment 

12 of the owner or operator; and 

13 (D) who will be retained to continue to 

14 work for the owner or operator in a new job 

15 classification; 

16 (4) with respect to the workers, including those 

17 employed by a contractor or subcontractor, whose 

18 existing jobs will be retained during the closure of 

19 the coal-related facility, the total number, and the 

20 number by job classification, of workers who will 

21 work on the decommissioning and environmental re22 mediation of the facility; and 

23 (5) if an owner or operator is replacing a coal24 related facility with a new electric generating facil25 ity, the number of— 


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1 (A) workers from the closed coal-related 

2 facility who will be employed at the new electric 

3 generating facility; and 

4 (B) jobs at the new electric generating fa5 cility that will be outsourced to contractors or 

6 subcontractors. 

7 (c) PRIVACY.—A workforce transition plan submitted 

8 under subsection (a) shall not include information that 

9 violates privacy of workers or confidential business infor10 mation. 

11 (d) REGULATIONS.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary shall promul13 gate regulations to implement this subtitle. 

14 Subtitle C—Modern Energy 

15 Workforce Development 

16 SEC. 521. DEFINITIONS. 

17 In this subtitle: 

18 (1) APPRENTICESHIP PROGRAM.—The term 

19 ‘‘apprenticeship program’’ means an apprenticeship 

20 registered under the Act of August 16, 1937 (29 

21 U.S.C. 50 et seq.) (commonly known as the ‘‘Na22 tional Apprenticeship Act’’), that meets the require23 ments of parts 29 and 30 of title 29, Code of Fed24 eral Regulations, as in effect on December 30, 2019. 


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1 (2) ENERGY TRANSITION WORKER.—The term 

2 ‘‘energy transition worker’’ means a worker, includ3 ing workers employed by contractors or subcontrac4 tors, terminated, laid off from employment, or whose 

5 work-hours have been reduced, on or after the date 

6 of enactment of this Act, from a coal-related facility, 

7 coal-related industrial facility, or other energy-re8 lated entity. 

9 (3) INSTITUTION OF HIGHER EDUCATION.—The 

10 term ‘‘institution of higher education’’ has the 

11 meaning given that term in section 101(a) of the 

12 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

13 (4) LABOR ORGANIZATION.—The term ‘‘labor 

14 organization’’ has the meaning given the term in 

15 section 2 of the National Labor Relations Act (29 

16 U.S.C. 152). 

17 (5) LOCAL EDUCATIONAL AGENCY.—The term 

18 ‘‘local educational agency’’ means a public board of 

19 education or other public authority legally con20 stituted within a State for either administrative con21 trol or direction of, or to perform a service function 

22 for, public schools in a city, county, township, school 

23 district, or other political subdivision of a State, or 

24 for a combination of school districts or counties as 

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1 cy for its public elementary schools or secondary 

2 schools. 

3 (6) LOCAL WORKFORCE DEVELOPMENT

4 BOARD.—The term ‘‘local workforce development 

5 board’’ has the meaning given that term in section 

6 3122 of title 29, United States Code. 

7 (7) MINORITY INSTITUTION.—The term ‘‘mi8 nority institution’’ has the meaning given that term 

9 in section 365(3) of the Higher Education Act of 

10 1965 (20 U.S.C. 1067k(3)). 

11 (8) NONPROFIT ORGANIZATION.—The term 

12 ‘‘nonprofit organization’’ means a group organized 

13 for purposes other than generating profit and in 

14 which no part of the organization’s income is distrib15 uted to its members, directors, or officers. 

16 (9) PRE-APPRENTICESHIP.—The term ‘‘pre-ap17 prenticeship’’ means, with respect to a program, an 

18 initiative or set of strategies that— 

19 (A) is designed to prepare participants to 

20 enter an apprenticeship program; 

21 (B) is carried out by an eligible sponsor 

22 that has a documented partnership with one or 

23 more sponsors of apprenticeship programs; and 

24 (C) includes each of the following: 


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1 (i) Training (including a curriculum 

2 for the training) aligned with industry 

3 standards related to an apprenticeship pro4 gram and reviewed and approved annually 

5 by sponsors of the apprenticeship program 

6 within the documented partnership that 

7 will prepare participants by teaching the 

8 skills and competencies needed to enter 

9 one or more apprenticeship programs. 

10 (ii) Hands-on training and theoretical 

11 education for participants that does not 

12 displace a paid employee. 

13 (iii) A formal agreement with a spon14 sor of an apprenticeship program that 

15 would enable participants who successfully 

16 complete the pre-apprenticeship program— 

17 (I) to enter into the apprentice18 ship program if a place in the pro19 gram is available and if the partici20 pant meets the qualifications of the 

21 apprenticeship program; and 

22 (II) to earn credits towards the 

23 apprenticeship program. 


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1 SEC. 522. MODERN ENERGY WORKFORCE DEVELOPMENT. 

2 (a) ESTABLISHMENT.—The Secretary of Energy, in 

3 consultation with the Secretary of Labor, shall establish 

4 and carry out a comprehensive and nationwide program 

5 (referred to in this section as the ‘‘Program’’) to improve 

6 education and training for jobs in energy-related indus7 tries (including manufacturing, engineering, construction, 

8 and retrofitting jobs in energy-related industries) to in9 crease the number of skilled workers trained to work in 

10 energy-related industries with existing or expected worker 

11 shortages. 

12 (b) WORKFORCE DEVELOPMENT.— 

13 (1) IN GENERAL.—In carrying out the Pro14 gram, the Secretary shall— 

15 (A) offer available resources to energy 

16 transition workers and underrepresented 

17 groups, including religious and ethnic minori18 ties, women, veterans, individuals with disabil19 ities, and socioeconomically disadvantaged indi20 viduals, to enter into science, technology, engi21 neering, and mathematics fields; 

22 (B) offer available resources to institutions 

23 of higher education to equip students with the 

24 skills, training, and technical expertise nec25 essary to fill existing or expected worker short26 ages in energy-related industries; 


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1 (C) provide internships, fellowships, and 

2 traineeships at the Department of Energy, in3 cluding at National Laboratories; 

4 (D) provide energy workforce-related re5 search grants and technical assistance to insti6 tutions of higher education, with priority given 

7 to minority institutions; 

8 (E) ensure that internships, fellowships, 

9 traineeships, apprenticeships, and pre-appren10 ticeships provide the necessary skills and certifi11 cations for employment in energy-related indus12 tries with existing or expected worker short13 ages; 

14 (F) ensure that the Program is in align15 ment with the Minorities in Energy Initiative of 

16 the Department of Energy; 

17 (G) ensure alignment with other programs 

18 that are carrying out the Minorities in Energy 

19 Initiative of the Department of Energy; 

20 (H) to the maximum extent practicable, 

21 collaborate with and support State workforce 

22 development programs to maximize the effi23 ciency of the Program; and 

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1 prenticeship as a pathway to an energy-related 

2 career through an apprenticeship program. 

3 (2) PRIORITY.—In carrying out the Program, 

4 the Secretary shall— 

5 (A) prioritize the education and training of 

6 energy transition workers and underrepresented 

7 groups, including religious and ethnic minori8 ties, women, veterans, individuals with disabil9 ities, and socioeconomically disadvantaged indi10 viduals for jobs in energy-related industries, es11 pecially construction; and 

12 (B) partner with labor organizations that 

13 have multi-year records of training and sup14 porting energy transition workers and under15 represented groups to successful completion of 

16 pre-apprenticeship and apprenticeship pro17 grams. 

18 (c) DIRECT ASSISTANCE.— 

19 (1) IN GENERAL.—In carrying out the Pro20 gram, the Secretary shall provide direct assistance 

21 (including financial assistance awards, technical ex22 pertise, and guidance) to local educational agencies, 

23 local workforce development boards, institutions of 

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1 ganizations, apprenticeship programs, and pre-ap2 prenticeship programs. 

3 (2) DISTRIBUTION.—The Secretary shall dis4 tribute direct assistance under paragraph (1) in a 

5 manner that— 

6 (A) is reflective of the needs of, and de7 mand for jobs in, an energy-related industry; 

8 and 

9 (B) is consistent with the information ob10 tained under subsections (e)(4) and (j). 

11 (3) RESTRICTION.—In providing financial as12 sistance awards under paragraph (1) for education 

13 and training relating to construction, eligible entities 

14 shall only include apprenticeship programs, and pre15 apprenticeship programs that have an articulation 

16 agreement with one or more apprenticeship pro17 grams. 

18 (d) RESOURCE CENTER.—The Secretary shall estab19 lish an online resource center— 

20 (1) to maintain and update information and re21 sources on training programs for jobs in energy-re22 lated industries (including manufacturing, engineer23 ing, construction, and retrofitting jobs in energy-re24 lated industries); and 


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1 (2) to connect local educational agencies, State 

2 educational agencies, institutions of higher edu3 cation, local workforce development boards, State 

4 workforce development boards, nonprofit organiza5 tions, labor organizations, apprenticeship programs 

6 and pre-apprenticeship programs that are working to 

7 develop and implement training programs for the 

8 jobs described in paragraph (1) to share resources, 

9 approaches, and best practices. 

10 (e) COLLABORATION AND REPORT.—In carrying out 

11 the Program, the Secretary shall— 

12 (1) collaborate with local educational agencies, 

13 institutions of higher education, local workforce de14 velopment boards, nonprofit organizations, labor or15 ganizations, apprenticeship programs and pre-ap16 prenticeship programs, and energy-related indus17 tries; 

18 (2) facilitate the sharing of best practices and 

19 approaches that best suit local, State, and national 

20 needs; 

21 (3) encourage and foster collaboration, mentor22 ship, and partnership between— 

23 (A) industry partners, local workforce de24 velopment boards, nonprofit organizations, 

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1 prenticeship programs, that provide effective 

2 training programs for jobs in energy-related in3 dustries; and 

4 (B) local educational agencies, State edu5 cational agencies, and institutions of higher 

6 education that seek to establish those programs; 

7 and 

8 (4) collaborate with the Secretary of Labor, the 

9 Commissioner of the Bureau of Labor Statistics, the 

10 Secretary of Commerce, the Director of the Bureau 

11 of the Census, labor organizations, and energy-re12 lated industries— 

13 (A) to develop a comprehensive and de14 tailed understanding of the workforce needs of, 

15 and job opportunities in, energy-related indus16 tries, by State and by region; and 

17 (B) to publish an annual report on job cre18 ation in the sectors of energy-related industries 

19 identified under subsection (j). 

20 (f) BEST PRACTICES FOR EDUCATIONAL INSTITU21 TIONS.— 

22 (1) IN GENERAL.—The Secretary, in collabora23 tion with the Secretary of Education, the Secretary 

24 of Commerce, the Secretary of Labor, and the Direc25 tor of the National Science Foundation, shall deVerDate Sep 11 2014 05:13 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H7516.IH H7516

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1 velop and report best practices for providing stu2 dents with skills necessary for jobs in energy-related 

3 industries (including manufacturing, engineering, 

4 construction, and retrofitting jobs in energy-related 

5 industries) to local educational agencies, institutions 

6 of higher education, and apprenticeship programs. 

7 (2) ENERGY EFFICIENCY AND COMMUNITY EN8 ERGY RESILIENCY INITIATIVES.—The Secretary 

9 shall develop and provide best practices for teaching 

10 students and the families of those students about en11 ergy efficiency and community energy resiliency. 

12 (3) INPUT FROM INDUSTRY LABOR ORGANIZA13 TIONS.—In carrying out paragraphs (1) and (2), the 

14 Secretary shall solicit input from energy-related in15 dustries and labor organizations, especially sectors 

16 with existing or expected worker shortages or exper17 tise in energy efficiency. 

18 (4) STEM EDUCATION.—In carrying out para19 graphs (1) and (2), the Secretary shall promote edu20 cation in science, technology, engineering, and math21 ematics. 

22 (g) OUTREACH TO MINORITY INSTITUTIONS.—In 

23 carrying out the Program, the Secretary shall— 

24 (1) increase the Department of Energy’s out25 reach to minority institutions; 


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1 (2) work with minority institutions to increase 

2 the number of skilled minorities and women quali3 fied for jobs in energy-related industries (including 

4 manufacturing, engineering, construction, and retro5 fitting jobs in energy-related industries); 

6 (3) work with energy-related industries to im7 prove opportunities for students of minority institu8 tions to participate in industry internships and coop9 erative work-study programs; and 

10 (4) work with the Directors of the National 

11 Laboratories to increase the participation of stu12 dents from minority institutions in internships, fel13 lowships, training programs, and employment at 

14 those laboratories. 

15 (h) OUTREACH TO ENERGY TRANSITION WORK16 ERS.—The Secretary shall— 

17 (1) work with employers and job trainers, in18 cluding apprenticeship and pre-apprenticeship pro19 grams, in preparing energy transition workers for 

20 emerging jobs in energy-related industries (including 

21 manufacturing, engineering, construction, and retro22 fitting jobs in energy-related industries); 

23 (2) work with energy transition workers to in24 crease the number of individuals trained for jobs in 

25 energy-related industries (including manufacturing, 


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1 engineering, construction, and retrofitting jobs in 

2 energy-related industries); and 

3 (3) work with labor organizations and energy4 related industry partners to improve opportunities 

5 for energy transition workers to participate in indus6 try internships, cooperative work-study programs, 

7 apprenticeships, and pre-apprenticeships. 

8 (i) ENROLLMENT IN TRAINING AND APPRENTICE9 SHIP AND PRE-APPRENTICESHIP PROGRAMS.—The Sec10 retary shall provide assistance to industry, local workforce 

11 development boards, State workforce development boards, 

12 nonprofit organizations, labor organizations, and appren13 ticeship programs in identifying students and other can14 didates, including energy transition workers and underrep15 resented groups, including religious and ethnic minorities, 

16 women, veterans, individuals with disabilities, and socio17 economically disadvantaged individuals, to enroll in train18 ing and apprenticeship programs and pre-apprenticeship 

19 programs for jobs in energy-related industries. 

20 (j) GUIDELINES TO DEVELOP SKILLS FOR A MOD21 ERN ENERGY INDUSTRY WORKFORCE.—The Secretary 

22 shall, in collaboration with energy-related industries and 

23 labor organizations, identify the sectors within each en24 ergy-related industry that have the greatest demand for 

25 workers and develop guidelines for the skills necessary to 


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1 work in those sectors. The Secretary shall identify the sec2 tors in consultation with a broad cross-section of the en3 ergy industry, including relevant energy industry organi4 zations, public and private employers, labor organizations, 

5 postsecondary education institutions, and workforce devel6 opment boards. 

7 (k) RULE OF CONSTRUCTION.—Nothing in this sec8 tion authorizes any department, agency, officer, or em9 ployee of the Federal Government to exercise any direc10 tion, supervision, or control over— 

11 (1) the curriculum, program of instruction, or 

12 instructional content of any State, local educational 

13 agency, or school; or 

14 (2) the selection of library resources, textbooks, 

15 or other printed or published instructional materials 

16 used by any State, local educational agency, or 

17 school. 

18 SEC. 523. ZERO-EMISSION ECONOMY WORKFORCE PILOT 

19 PROGRAM. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’ means a National Laboratory, business, or labor 

23 organization that demonstrates success in placing 

24 graduates of pre-apprenticeship or apprenticeship 

25 programs in jobs relevant to such programs and— 


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1 (A) is directly involved with zero-emission 

2 electricity technology, energy efficiency, or other 

3 activity that results in a reduction in green4 house gas emissions, as determined by the Sec5 retary; 

6 (B) works on behalf of a business or labor 

7 organization that is directly involved with zero8 emission electricity technology, energy effi9 ciency, or other activity that results in a reduc10 tion in greenhouse gas emissions, as determined 

11 by the Secretary; 

12 (C) provides services related to— 

13 (i) zero-emission electricity technology 

14 deployment and maintenance and energy 

15 efficiency; 

16 (ii) grid modernization; or 

17 (iii) reduction in greenhouse gas emis18 sions through the use of zero-emission en19 ergy technologies; 

20 (D) has knowledge of technician workforce 

21 needs of a National Laboratory or covered facil22 ity of the National Nuclear security Administra23 tion and the associated security requirements of 

24 such laboratory or facility; 


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1 (E) demonstrates experience in imple2 menting and operating apprenticeship programs 

3 or pre-apprenticeship programs that provide a 

4 direct pathway to an energy-related career; or 

5 (F) demonstrates success in placing grad6 uates of pre-apprenticeship or apprenticeship 

7 programs in jobs relevant to such programs. 

8 (2) NATIONAL LABORATORY.—The term ‘‘Na9 tional Laboratory’’ means any of the following lab10 oratories owned by the Department of Energy: 

11 (A) Ames Laboratory. 

12 (B) Argonne National Laboratory. 

13 (C) Brookhaven National Laboratory. 

14 (D) Fermi National Accelerator Labora15 tory. 

16 (E) Idaho National Laboratory. 

17 (F) Lawrence Berkeley National Labora18 tory. 

19 (G) Lawrence Livermore National Labora20 tory. 

21 (H) Los Alamos National Laboratory. 

22 (I) National Energy Technology Labora23 tory. 

24 (J) National Renewable Energy Labora25 tory. 


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1 (K) Oak Ridge National Laboratory. 

2 (L) Pacific Northwest National Labora3 tory. 

4 (M) Princeton Plasma Physics Laboratory. 

5 (N) Sandia National Laboratories. 

6 (O) Savannah River National Laboratory. 

7 (P) Stanford Linear Accelerator Center. 

8 (Q) Thomas Jefferson National Accel9 erator Facility. 

10 (3) PILOT PROGRAM.—The term ‘‘pilot pro11 gram’’ means the pilot program established under 

12 subsection (b). 

13 (b) ESTABLISHMENT.—The Secretary of Energy, in 

14 consultation with the Secretary of Labor, shall establish 

15 a pilot program to provide competitively awarded cost16 shared grants to eligible entities to pay for on-the-job 

17 training of a new or existing employee— 

18 (1) to work in zero-emission electricity genera19 tion, energy efficiency, or grid modernization; 

20 (2) to work otherwise on the reduction of green21 house gas emissions; or 

22 (3) to participate in a pre-apprenticeship pro23 gram that provides a direct pathway to an energy24 related career in construction through one or more 

25 apprenticeship programs. 


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1 (c) GRANTS.— 

2 (1) IN GENERAL.—An eligible entity desiring a 

3 grant under the pilot program shall submit to the 

4 Secretary of Energy an application at such time, in 

5 such manner, and containing such information as 

6 the Secretary of Energy may require. 

7 (2) PRIORITY FOR TARGETED COMMUNITIES.— 

8 In providing grants under the pilot program, the 

9 Secretary of Energy shall give priority to an eligible 

10 entity that— 

11 (A) recruits employees— 

12 (i) from the one or more communities 

13 that are served by the eligible entity; and 

14 (ii) that are minorities, women, vet15 erans, individuals from Indian Tribes or 

16 Tribal organizations, or energy transition 

17 workers; 

18 (B) provides trainees with the opportunity 

19 to obtain real-world experience; or 

20 (C) has fewer than 100 employees; and 

21 (D) in the case of a pre-apprenticeship 

22 program, demonstrates— 

23 (i) a multi-year record of successfully 

24 recruiting energy transition workers, mi25 norities, women, and veterans for training 


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1 and supporting such individuals to a suc2 cessful completion of a pre-apprenticeship 

3 program; and 

4 (ii) a successful multi-year record of 

5 placing the majority of pre-apprenticeship 

6 program graduates into apprenticeship 

7 programs in the construction industry. 

8 (3) USE OF GRANT FOR FEDERAL SHARE.— 

9 (A) IN GENERAL.—An eligible entity shall 

10 use a grant received under the pilot program 

11 to— 

12 (i) pay the Federal share of the cost 

13 of providing on-the-job training for an em14 ployee, in accordance with subparagraph 

15 (B); or 

16 (ii) in the case of a pre-apprenticeship 

17 program— 

18 (I) recruiting minorities, women, 

19 and veterans for training; 

20 (II) supporting those individuals 

21 in the successful completion of the 

22 pre-apprenticeship program; and 

23 (III) carrying out any other ac24 tivity of the pre-apprenticeship pro25 gram, as determined to be appropriate 


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1 by the Secretary of Labor, in con2 sultation with the Secretary. 

3 (B) FEDERAL SHARE AMOUNT.—The Fed4 eral share described in subparagraph (A)(i) 

5 shall not exceed— 

6 (i) in the case of an eligible entity 

7 with 20 or fewer employees, 45 percent of 

8 the cost of on-the-job-training for an em9 ployee; 

10 (ii) in the case of an eligible entity 

11 with not fewer than 21 employees and not 

12 more than 99 employees, 37.5 percent of 

13 the cost of on-the-job-training for an em14 ployee; 

15 (iii) in the case of an eligible entity 

16 with not fewer than 100 employees, 25 

17 percent of the cost of on-the-job-training 

18 for an employee; and 

19 (iv) in the case of an eligible entity 

20 that administers a pre-apprenticeship pro21 gram, 75 percent of the cost of the pre-ap22 prenticeship program. 

23 (4) EMPLOYER PAYMENT OF NON-FEDERAL

24 SHARE.— 


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1 (A) IN GENERAL.—The non-Federal share 

2 of the cost of providing on-the-job training for 

3 an employee under a grant received under the 

4 pilot program shall be paid in cash or in kind 

5 by the employer of the employee receiving the 

6 training or by a nonprofit organization. 

7 (B) INCLUSIONS.—The non-Federal share 

8 described in subparagraph (A) may include the 

9 amount of wages paid by the employer to the 

10 employee during the time that the employee is 

11 receiving on-the-job training, as fairly evaluated 

12 by the Secretary of Labor. 

13 (5) CONSTRUCTION.—In providing grants under 

14 the pilot program for training, recruitment, and sup15 port relating to construction, eligible entities shall 

16 only include pre-apprenticeship programs that have 

17 an articulation agreement with one or more appren18 ticeship programs. 

19 (6) GRANT AMOUNT.—An eligible entity may 

20 not receive more than $1,000,000 per fiscal year in 

21 grant funds under the pilot program. 

22 SEC. 524. UNIVERSITY ZERO-EMISSION ENERGY LEADER23 SHIP PROGRAM. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Subtitle E of title IX of the 

2 Energy Policy Act of 2005 is further amended by 

3 adding at the end the following: 

4 ‘‘SEC. 959C. UNIVERSITY ZERO-EMISSION ENERGY LEADER5 SHIP PROGRAM. 

6 ‘‘(a) ESTABLISHMENT.—The Secretary of Energy 

7 shall establish a program, to be known as the ‘University 

8 Zero-Emission Energy Leadership Program’. 

9 ‘‘(b) USE OF FUNDS.—Amounts made available to 

10 carry out the University Zero-Emission Energy Leader11 ship Program— 

12 ‘‘(1) shall be used to provide financial assist13 ance for scholarships, fellowships, and research and 

14 development projects at institutions of higher edu15 cation in areas relevant to departmental missions in 

16 research, development, demonstration, and deploy17 ment activities for zero-emission technologies; 

18 ‘‘(2) may be used to provide financial assistance 

19 to businesses to offset the costs of a partnership 

20 with, or investments in, institutions of higher edu21 cation in areas relevant to departmental missions in 

22 research, development, demonstration, and deploy23 ment activities for zero-emission technologies; and 

24 ‘‘(3) may be used to provide financial assistance 

25 for a scholarship, fellowship, or multiyear research 


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1 and development project that does not align directly 

2 with a departmental mission, if the activity for 

3 which assistance is provided promotes a zero-emis4 sion energy transition.’’. 

5 (2) TABLE OF CONTENTS.—The table of con6 tents for the Energy Policy Act of 2005 is further 

7 amended by adding after the item relating to section 

8 959B the following: 

‘‘Sec. 959C. University Zero-Emission Energy Leadership Program.’’. 

9 (b) REPEAL.—The Energy and Water Development 

10 and Related Agencies Appropriations Act, 2009 is amend11 ed by striking section 313. 

12 SEC. 525. CLIMATE RESILIENCY CORPS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ENERGY TRANSITION WORKERS.—The term 

15 ‘‘energy transition workers’’ means workers, includ16 ing workers employed by contractors or subcontrac17 tors, terminated, laid off from employment, or whose 

18 work-hours have been reduced, on or after the date 

19 of enactment of this Act, from a coal-related facility, 

20 coal-related industry, or other energy-related entity. 

21 (2) MEMBERS OF THE RESERVE COMPONENTS

22 OF THE ARMED FORCES.—The term ‘‘members of 

23 the reserve components of the Armed Forces’’ means 

24 members of the— 


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1 (A) Army National Guard of the United 

2 States; 

3 (B) Army Reserve; 

4 (C) Navy Reserve; 

5 (D) Marine Corps Reserve; 

6 (E) Air National Guard of the United 

7 States; 

8 (F) Air Force Reserve; and 

9 (G) Coast Guard Reserve. 

10 (3) UNDEREMPLOYED.—The term ‘‘under11 employed’’ means individuals who are employed at 

12 less than full-time because they are unable to obtain 

13 full time employment or who are employed at jobs 

14 inadequate to their training or economic needs. 

15 (4) VETERANS OF THE ARMED FORCES.—The 

16 term ‘‘veterans of the Armed Forces’’ means a per17 son who served in the active military, naval, or air 

18 service and who was discharged or released under 

19 conditions other than dishonorable. 

20 (b) ESTABLISHMENT.—In order to relieve distress 

21 and unemployment in the United States and to provide 

22 for the restoration of depleted natural resources in the 

23 United States and the advancement of an orderly program 

24 of useful public works, the President shall establish and 

25 operate a Climate Resiliency Corps to employ residents of 


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1 the United States, who are unemployed or underemployed, 

2 in the construction, maintenance, and carrying out of 

3 works of a public nature in connection with, but not lim4 ited to— 

5 (1) coastal restoration, including— 

6 (A) adaptive management; 

7 (B) exposed element relocation, elevation, 

8 or removal; 

9 (C) flood and storm surge barrier; 

10 (D) sea dikes; 

11 (E) seawall or revetment; 

12 (F) spatial planning and integrated coastal 

13 zone management planning; 

14 (G) temporary and demountable flood de15 fenses; 

16 (H) rainwater harvesting; 

17 (I) sustainable urban drainage systems; 

18 and 

19 (J) wet and dry proofing; 

20 (2) resilient infrastructure, including— 

21 (A) deployment and management of resil22 ient transportation and other infrastructure 

23 systems; 

24 (B) sustainable urban underground struc25 tures development; and 


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1 (C) earthquake resiliency and interaction 

2 of above- and below-ground infrastructure; 

3 (3) natural solutions, including— 

4 (A) restoration of wetlands, mangroves, 

5 marshes, seagrasses, and oyster reefs, and the 

6 installation of living shorelines; 

7 (B) green roofs; 

8 (C) rain gardens; 

9 (D) bioswales; 

10 (E) urban tree canopies; and 

11 (F) permeable pavements; and 

12 (4) other activities that are deemed necessary 

13 by the President, with guidance from the Secretary 

14 of Energy, the Secretary of Agriculture, the Sec15 retary of the Interior, the Administrator of the Envi16 ronmental Protection Agency, or other relevant 

17 agency leaders. 

18 (c) ROLE OF FEDERAL AGENCIES.—To operate the 

19 Climate Resiliency Corps, the President may utilize exist20 ing Federal departments and agencies, including the De21 partment of Labor, the Department of Defense, the Na22 tional Guard Bureau, the Department of the Interior, the 

23 Department of Agriculture, the Army Corps of Engineers, 

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1 ergy, the Environmental Protection Agency, and Federal 

2 governmental corporations. 

3 (d) CONTRACT AUTHORITY.—(1) For the purpose of 

4 carrying out this section, the President may enter into 

5 such contracts or agreements with States as may be nec6 essary, including provisions for utilization of existing State 

7 administrative agencies. 

8 (2) States entering into such contracts or agreements 

9 shall provide written assurances to the President that all 

10 laborers and mechanics employed by contractors or sub11 contractors in the performance of construction work fi12 nanced in whole or in part with assistance under this sec13 tion shall be paid wages at rates not less than those pre14 vailing on similar work in the locality as determined by 

15 the Secretary of Labor in accordance with subchapter IV 

16 of chapter 31 of title 40, United States Code. 

17 (e) ACQUISITION OF REAL PROPERTY.—The Presi18 dent, or the head of any department or agency authorized 

19 by the President to construct any project or to carry on 

20 any public works under this Act, may acquire real prop21 erty for such project or public work by purchase, donation, 

22 condemnation, or otherwise. 

23 (f) ADMINISTRATION.— 

24 (1) EMPLOYMENT PREFERENCE.—If the Presi25 dent determines that amounts appropriated to carry 


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1 out a Climate Resiliency Corps under this Act for a 

2 fiscal year will be insufficient to employ all of the 

3 citizens of the United States described in section (b) 

4 who are seeking or likely to seek employment in the 

5 Climate Resiliency Corps and continue the employ6 ment of current employees who desire to remain in 

7 the Climate Resiliency Corps, the President shall 

8 give priority to the hiring of additional persons in 

9 the Climate Resiliency Corps to— 

10 (A) energy transition workers; 

11 (B) unemployed veterans of the Armed 

12 Forces and unemployed members of the reserve 

13 components of the Armed Forces; 

14 (C) unemployed citizens who have ex15 hausted their entitlement to unemployment 

16 compensation; 

17 (D) unemployed citizens, who immediately 

18 before employment in the Climate Resiliency 

19 Corps, are eligible for unemployment compensa20 tion payable under any State law or Federal 

21 unemployment compensation law, including any 

22 additional compensation or extended compensa23 tion under such laws; and 


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1 (E) other citizens from minority groups, 

2 including, religious and ethnic minorities, 

3 women, and individuals with disabilities. 

4 (2) HOUSING AND CARE OF EMPLOYEES.—The 

5 President may provide housing for persons employed 

6 in the Climate Resiliency Corps and furnish them 

7 with such subsistence, clothing, medical attendance 

8 and hospitalization, and cash allowance, as may be 

9 necessary, during the period they are so employed. 

10 (3) TRANSPORTATION.—The President may 

11 provide for the transportation of persons employed 

12 in the Climate Resiliency Corps to and from the 

13 places of employment. 

14 (4) NON-DISCRIMINATION.—In employing citi15 zens for the Climate Resiliency Corps, no discrimina16 tion shall occur, in accordance with Federal employ17 ment law, except that no individual under conviction 

18 for crime and serving sentence therefore shall be em19 ployed under the provisions of this Act. 

20 (g) USE OF UNOBLIGATED FUNDS APPROPRIATED

21 FOR PUBLIC WORKS.— 

22 (1) USE OF EXISTING FUNDS.—The President 

23 may use any moneys previously appropriated for 

24 public works and unobligated as of the date of the 


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1 enactment of this Act to establish and operate a Cli2 mate Resiliency Corps under this section. 

3 (2) USE TO RELIEVE UNEMPLOYMENT.—Not 

4 less than 80 percent of the funds utilized pursuant 

5 to this subsection must be used to provide for the 

6 employment of individuals under this section. 

7 (3) EXCEPTIONS.—Paragraph (1) shall not 

8 apply to— 

9 (A) unobligated moneys appropriated for 

10 public works on which actual construction has 

11 been commenced as of the date of the enact12 ment of this Act or may be commenced within 

13 90 days after that date; and 

14 (B) maintenance funds for river and har15 bor improvements already allocated as of the 

16 date of the enactment of this Act. 

17 (h) TERMINATION.—The authority of the President 

18 to establish and operate a Climate Resilience Corps under 

19 this section expires on September 30, 2035. 

20 SEC. 526. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to carry out 

22 this subtitle such sums as may be necessary for each of 

23 fiscal years 2021 through 2035. 

Æ 


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