II 

111TH CONGRESS 

1ST SESSION S. 137 

To create jobs and reduce the dependence of the United States on foreign 

and unsustainable energy sources by promoting the production of green 

energy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 6, 2009 

Mr. BROWN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To create jobs and reduce the dependence of the United 

States on foreign and unsustainable energy sources by 

promoting the production of green energy, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Green Energy Produc5 tion Act of 2009’’. 


hsrobinson on PROD1PC76 with BILLS
2 

•S 137 IS

1 SEC. 2. PURPOSE. 

2 The purpose of this Act to is make the United States 

3 the world leader in green energy production and manufac4 turing by— 

5 (1) promoting green technology innovation; 

6 (2) assisting in the transition to a green energy 

7 economy; and 

8 (3) increasing scientific knowledge that may re9 veal the basis for new or enhanced products, equip10 ment, or processes. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) BIOMASS.—The term ‘‘biomass’’ has the 

14 meaning given the term ‘‘renewable biomass’’ in sec15 tion 211(o)(1) of the Clean Air Act (42 U.S.C. 

16 7545(o)(1)). 

17 (2) ENVIRONMENTALLY PROTECTIVE.—The 

18 term ‘‘environmentally protective’’ means, with re19 spect to technology, technology that— 

20 (A) is most likely to result in the least im21 pact to land, forests, water quantity and qual22 ity, air quality, and wildlife habitat; and 

23 (B) possesses the highest potential for 

24 long-term sustained production of green energy. 

25 (3) GREEN ENERGY.— 


hsrobinson on PROD1PC76 with BILLS
3 

•S 137 IS

1 (A) IN GENERAL.—The term ‘‘green en2 ergy’’ has the meaning given the term ‘‘renew3 able energy’’. 

4 (B) INCLUSION.—The term ‘‘green en5 ergy’’ includes energy derived from coal pro6 duced in a manner that— 

7 (i) sequesters carbon from carbon di8 oxide emissions at a minimum 85 percent 

9 capture rate on an annual basis; and 

10 (ii) complies with section 1421(d) of 

11 the Safe Drinking Water Act (42 U.S.C. 

12 300h(d)). 

13 (4) INSTITUTION OF HIGHER EDUCATION.—The 

14 term ‘‘institution of higher education’’ has the 

15 meaning given the term in section 101 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1001)). 

17 (5) RENEWABLE ENERGY.—The term ‘‘renew18 able energy’’ means electric energy generated at a 

19 facility (including a distributed generation facility) 

20 from solar, wind, fuel cells, biomass, geothermal, 

21 ocean energy, or landfill gas. 

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

23 the Secretary of Energy. 

24 (7) TARGET AREA.—The term ‘‘target area’’ 

25 means— 


hsrobinson on PROD1PC76 with BILLS
4 

•S 137 IS

1 (A) an area that has experienced a signifi2 cant loss of manufacturing employment; 

3 (B) an area with a large manufacturing 

4 capacity; 

5 (C) an area with an unemployment rate 

6 that is higher than the national average unem7 ployment rate; and 

8 (D) priority for an area that includes a 

9 brownfield site (as defined in section 101 of the 

10 Comprehensive Environmental Response, Com11 pensation, and Liability Act of 1980 (42 U.S.C. 

12 9601)). 

13 SEC. 4. GREEN TECHNOLOGY INVESTMENT CORPORATION. 

14 (a) ESTABLISHMENT.— 

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

16 Department of Energy a corporation to be known as 

17 the ‘‘Green Technology Investment Corporation’’. 

18 (2) MEETINGS.—The Corporation shall meet at 

19 least 4 times during each fiscal year. 

20 (3) RULES FOR CORPORATION BUSINESS.—Not 

21 later than 1 year after the date of enactment of this 

22 Act, the Corporation shall establish rules for the 

23 conduct of business of the Corporation. 

24 (4) APPLICABLE AUTHORITY.—The Corporation 

25 shall be subject to— 


hsrobinson on PROD1PC76 with BILLS
5 

•S 137 IS

1 (A) subchapter II of chapter 5, and chap2 ter 7, of title 5, United States Code (commonly 

3 known as the ‘‘Administrative Procedure Act’’); 

4 and 

5 (B) all other Federal law applicable to 

6 quasi-autonomous agencies within the Depart7 ment of Energy. 

8 (5) ADMINISTRATIVE COSTS.—The Secretary 

9 shall— 

10 (A) be responsible for paying all adminis11 trative costs of the Corporation; and 

12 (B) in conjunction with the Board of Di13 rectors of the Corporation, take every reason14 able action to reduce and minimize administra15 tive costs of carrying out this section and the 

16 program. 

17 (b) BOARD OF DIRECTORS.— 

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

19 the Corporation shall consist of 7 members, ap20 pointed by the President, by and with the advice and 

21 consent of the Senate, who are— 

22 (A) leaders from industry, labor, academia, 

23 government, and nongovernment organizations; 

24 and 


hsrobinson on PROD1PC76 with BILLS
6 

•S 137 IS

1 (B) selected based on having the necessary 

2 expertise— 

3 (i) to build world-class applied re4 search capability; 

5 (ii) to assist entrepreneurial 

6 innovators in accelerating formation and 

7 attraction of technology-based businesses; 

8 (iii) to create product innovation; 

9 (iv) to market the manufacturing 

10 competitiveness of the United States; 

11 (v) to create domestic jobs and skills 

12 development opportunities in emerging do13 mestic markets; and 

14 (vi) to evaluate and advise on environ15 mental sustainability and climate change. 

16 (2) CHAIRPERSON.—The President shall ap17 point, by and with the advice and consent of the 

18 Senate, 1 member of the Board of Directors to serve 

19 as Chairperson. 

20 (c) TERM OF SERVICE.— 

21 (1) IN GENERAL.—Each member of the Board 

22 of Directors shall be appointed for a term of 5 years. 

23 (2) ADDITIONAL TERMS.—The President may 

24 appoint, by and with the advice and consent of the 


hsrobinson on PROD1PC76 with BILLS
7 

•S 137 IS

1 Senate, a member of the Board to serve additional 

2 terms of service. 

3 (d) RESPONSIBILITIES.—The Corporation shall allo4 cate funds, provide grants, and carry out programs under 

5 this Act, for all phases of technology commercialization, 

6 in accordance with this Act. 

7 SEC. 5. GREEN TECHNOLOGY INVESTMENT FUND. 

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

9 Treasury of the United States a fund, to be known as the 

10 ‘‘Green Technology Investment Fund’’ (referred to in this 

11 section as the ‘‘Fund’’), consisting of such amounts as are 

12 appropriated to the Fund under section 11. 

13 (b) EXPENDITURES FROM FUND.— 

14 (1) IN GENERAL.—Subject to paragraph (2), on 

15 request by the Corporation, the Secretary of the 

16 Treasury shall transfer from the Fund to the Cor17 poration such amounts as the Corporation deter18 mines are necessary to provide grants, loans, and 

19 other assistance, and otherwise carry out programs, 

20 under this Act. 

21 (2) ADMINISTRATIVE EXPENSES.—An amount 

22 not exceeding 10 percent of the amounts in the 

23 Fund shall be available for each fiscal year to pay 

24 the administrative expenses necessary to carry out 

25 this Act. 


hsrobinson on PROD1PC76 with BILLS
8 

•S 137 IS

1 (c) TRANSFERS OF AMOUNTS.— 

2 (1) IN GENERAL.—The amounts required to be 

3 transferred to the Fund under this section shall be 

4 transferred at least monthly from the general fund 

5 of the Treasury to the Fund on the basis of esti6 mates made by the Secretary of the Treasury. 

7 (2) ADJUSTMENTS.—Proper adjustment shall 

8 be made in amounts subsequently transferred to the 

9 extent prior estimates were in excess of or less than 

10 the amounts required to be transferred. 

11 SEC. 6. GREEN REDEVELOPMENT, OPPORTUNITY, AND 

12 WORKFORCE (GROW) GRANTS. 

13 The Corporation shall establish and carry out a grant 

14 program— 

15 (1) to assist small and medium-sized businesses 

16 in accelerating new product development and com17 mercialization of technology products; 

18 (2) to assist small and medium-sized businesses 

19 in capitalizing on early-stage investment, particularly 

20 those businesses that provide evidence of a capability 

21 to meet a green marketplace need; 

22 (3) to create and maintain jobs within the 

23 United States; 


hsrobinson on PROD1PC76 with BILLS
9 

•S 137 IS

1 (4) to assist local governments in improving in2 frastructure for related businesses in accordance 

3 with this section; 

4 (5) to seek and develop innovative ways of as5 sisting businesses and communities in achieving the 

6 goals of this Act; 

7 (6) to redeploy underused manufacturing capac8 ity; 

9 (7) to capitalize on export opportunities; 

10 (8) to revitalize depressed manufacturing com11 munities; and 

12 (9) to search for and develop innovative ways to 

13 design environmentally protective technologies and 

14 best practices and demonstrate commercial green en15 ergy production. 

16 SEC. 7. GREEN ENERGY TECHNOLOGY INTERNSHIP PRO17 GRAM. 

18 (a) IN GENERAL.—The Corporation shall establish a 

19 green energy technology internship program under 

20 which— 

21 (1) students and educators at institutions of 

22 higher education in the United States are paired 

23 with businesses of all sizes in the United States; and 

24 (2) those businesses are encouraged— 


hsrobinson on PROD1PC76 with BILLS
10 

•S 137 IS

1 (A) to develop cutting-edge, high-tech skills 

2 in participating students; and 

3 (B) to ultimately offer full-time employ4 ment to those students after graduation. 

5 (b) GOAL.—The Corporation shall establish as a goal 

6 for the green energy technology internship program the 

7 reimbursement by the Corporation, of not more than the 

8 greater of 50 percent or $5,000 of the wages paid to a 

9 participating student or educator, on the condition that, 

10 in the case of a participating student, the business strives 

11 for the possibility of full-time employment of the student 

12 after graduation. 

13 (c) REQUIREMENTS.—The Corporation shall estab14 lish requirements for participation in the green energy 

15 technology internship program, including requirements re16 lating to— 

17 (1) the eligibility of students, educators, and 

18 businesses to participate in the program; and 

19 (2) application contents and procedures. 

20 SEC. 8. GREEN ENERGY TECHNOLOGY APPRENTICESHIP 

21 PROGRAM. 

22 (a) IN GENERAL.—The Corporation shall establish a 

23 green energy technology apprenticeship program under 

24 which— 


hsrobinson on PROD1PC76 with BILLS
11 

•S 137 IS

1 (1) apprentices and employers in the United 

2 States are paired with businesses of all sizes in the 

3 United States; and 

4 (2) those businesses are encouraged— 

5 (A) to develop cutting-edge, high-tech skills 

6 in participating students; 

7 (B) to ultimately offer full-time employ8 ment to those students after completion; and 

9 (C) to work closely with organized labor. 

10 (b) GOAL.—As a goal for the green energy technology 

11 apprenticeship program, the Corporation shall, to the 

12 maximum extent practicable, provide reimbursement for 

13 not more than the higher of 50 percent or $5,000 of the 

14 wages paid to a participating apprentice, if the business 

15 paired with the apprentice agrees to make every effort to 

16 offer full-time employment to the apprentice on the com17 pletion of the apprenticeship. 

18 (c) REQUIREMENTS.—The Corporation shall estab19 lish requirements for participation in the green energy 

20 technology apprenticeship program, including require21 ments relating to— 

22 (1) the eligibility of apprentices, organized 

23 labor, trades, and businesses to participate in the 

24 program; 


hsrobinson on PROD1PC76 with BILLS
12 

•S 137 IS

1 (2) partnerships with organized labor appren2 ticeship programs; and 

3 (3) application contents and procedures. 

4 SEC. 9. CRITERIA FOR PROVISION OF GRANTS, LOANS, AND 

5 OTHER ASSISTANCE. 

6 (a) ELIGIBLE PROJECTS.— 

7 (1) IN GENERAL.—The Corporation shall pro8 vide grants, loans, and other assistance in accord9 ance with the programs under this Act for projects 

10 that, as determined by the Corporation— 

11 (A) offer the best technology, research, and 

12 commercialization for the United States; 

13 (B) permit anticipation and action on mar14 ket opportunities; 

15 (C) encourage industry involvement; 

16 (D) facilitate investment at the intersec17 tion of core competency areas; 

18 (E) recruit world-class talent and high19 growth companies; 

20 (F) create economic opportunity for target 

21 areas; 

22 (G) engage regional partners; 

23 (H) emphasize accountability and metrics; 


hsrobinson on PROD1PC76 with BILLS
13 

•S 137 IS

1 (I) upon completion, will serve as sites and 

2 facilities primarily intended for commercial, in3 dustrial, or manufacturing use; and 

4 (J) advance environmental protection. 

5 (2) PRIORITY.—In carrying out paragraph (1), 

6 the Corporation— 

7 (A) shall give priority to— 

8 (i) renewable energy, carbon-neutral 

9 projects; and 

10 (ii) projects that advance environ11 mentally protective goals, with a particular 

12 emphasis on best practices and innovative 

13 technology that reduce negative impacts on 

14 a commercial scale; and 

15 (B) may consider and give priority to the 

16 potential of a project to develop or improve in17 novative, cutting-edge technology for green en18 ergy projects that are carbon neutral. 

19 (b) BASIS.—A grant, loan, or other assistance pro20 vided under this Act— 

21 (1) shall be based on the best available tech22 nology, research, and commercialization, with a 

23 focus on diversity of green technologies; and 

24 (2) shall not be provided solely on a geo25 graphical basis. 


hsrobinson on PROD1PC76 with BILLS
14 

•S 137 IS

1 (c) ELIGIBLE APPLICANTS.—The Corporation may 

2 provide a grant, loan, or other assistance under this Act 

3 to— 

4 (1) a political subdivision or nonprofit economic 

5 development organization; 

6 (2) a municipality, local government, commu7 nity, or institution of higher education (including a 

8 technical educational institution); and 

9 (3) a private, for-profit entity, with the unani10 mous approval by the Board of Directors of the Cor11 poration. 

12 (d) FUNDS ALLOCATED.—The Corporation shall de13 termine the maximum and minimum amount provided for 

14 each program and program recipient under this Act in 

15 order to maximize the purposes of this Act. 

16 (e) REPORT.—Not later than 1 year after the date 

17 of enactment of this Act, and annually thereafter, the Cor18 poration shall submit to Congress a report that describes 

19 all activities of the Corporation carried out using funds 

20 made available under this Act, including, for the year cov21 ered by the report, a description of— 

22 (1) each grant, loan, or other award of assist23 ance provided under this Act; and 

24 (2) the reason for each grant, loan, or other 

25 award. 


hsrobinson on PROD1PC76 with BILLS
15 

•S 137 IS

1 SEC. 10. ADMINISTRATION. 

2 Notwithstanding any other provision of this Act, none 

3 of the funds made available to carry out this Act may be 

4 used to carry out any project, activity, or expense that 

5 is not located within the United States. 

6 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the Fund 

8 to carry out this Act, to remain available until expended— 

9 (1) $1,000,000,000 for fiscal year 2009; 

10 (2) $5,000,000,000 for fiscal year 2010; and 

11 (3) $10,000,000,000 for each of fiscal years 

12 2011 through 2013. 

Æ 


hsrobinson on PROD1PC76 with BILLS