II 

114TH CONGRESS 

1ST SESSION S. 1275 

To establish a Financing Energy Efficient Manufacturing Program in the 

Department of Energy to provide financial assistance to promote energy 

efficiency and onsite renewable technologies in manufacturing and industrial facilities. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2015 

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

to the Committee on Energy and Natural Resources 

A BILL 

To establish a Financing Energy Efficient Manufacturing 

Program in the Department of Energy to provide financial assistance to promote energy efficiency and onsite 

renewable technologies in manufacturing and industrial 

facilities. 

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 ‘‘Job Creation through 

5 Energy Efficient Manufacturing Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to encourage widespread 

3 deployment of energy efficiency and onsite renewable en4 ergy technologies in manufacturing and industrial facili5 ties throughout the United States through the establish6 ment of a Financing Energy Efficient Manufacturing Pro7 gram that would— 

8 (1) encourage the widespread availability of fi9 nancial products and programs with attractive rates 

10 and terms that significantly reduce or eliminate up11 front expenses to allow manufacturing and industrial 

12 businesses to invest in energy efficiency measures, 

13 onsite clean and renewable energy systems, smart 

14 grid systems, and alternative vehicle fleets by pro15 viding credit support, credit enhancement, secondary 

16 markets, and other support to originators of the fi17 nancial products and sponsors of the financing pro18 grams; and 

19 (2) help building owners to invest in measures 

20 and systems that reduce energy costs, in many cases 

21 creating a net cost savings that can be realized in 

22 the short-term, and may also allow manufacturing 

23 and industrial business owners to defer capital ex24 penditures, save money to hire new workers, and in25 crease the value, comfort, and sustainability of the 

26 property of the owners. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) COVERED PROGRAM.—The term ‘‘covered 

4 program’’ means a program to finance energy effi5 ciency retrofit, onsite clean and renewable energy, 

6 smart grid, and alternative vehicle fleet projects for 

7 industrial businesses. 

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

9 the Secretary of Energy. 

10 (3) STATE.—The term ‘‘State’’ means— 

11 (A) a State; 

12 (B) the District of Columbia; 

13 (C) the Commonwealth of Puerto Rico; 

14 and 

15 (D) any other territory or possession of the 

16 United States. 

17 SEC. 4. FINANCING ENERGY EFFICIENT MANUFACTURING 

18 PROGRAM. 

19 (a) ESTABLISHMENT.—The Secretary shall establish 

20 a program, to be known as the ‘‘Financing Energy Effi21 cient Manufacturing Program’’, under which the Secretary 

22 shall provide grants to States to establish or expand cov23 ered programs. 

24 (b) APPLICATIONS.— 


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1 (1) IN GENERAL.—A State may apply to the 

2 Secretary for a grant under subsection (a) to estab3 lish or expand covered programs. 

4 (2) EVALUATION.—The Secretary shall evaluate 

5 applications submitted by States under paragraph 

6 (1) on the basis of— 

7 (A) the likelihood that the covered pro8 gram would— 

9 (i) be established or expanded; and 

10 (ii) increase the total investment and 

11 energy savings of retrofit projects to be 

12 supported; 

13 (B) in the case of industrial business effi14 ciency financing initiatives conducted under 

15 subsection (c), evidence of multistate coopera16 tion and coordination with lenders, financiers, 

17 and owners; and 

18 (C) other factors that would advance the 

19 purposes of this Act, as determined by the Sec20 retary. 

21 (c) MULTISTATE FACILITATION.—The Secretary 

22 shall consult with States and relevant stakeholders with 

23 applicable expertise to establish a process to identify fi24 nancing opportunities for manufacturing and industrial 

25 business with asset portfolios across multiple States. 


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1 (d) ADMINISTRATION.—A State receiving a grant 

2 under subsection (a) shall give a higher priority to covered 

3 programs that— 

4 (1) leverage private and non-Federal sources of 

5 funding; and 

6 (2) aim explicitly to expand the use of energy 

7 efficiency project financing using private sources of 

8 funding. 

9 (e) DAVIS-BACON COMPLIANCE.— 

10 (1) IN GENERAL.—All laborers and mechanics 

11 employed on projects funded directly by or assisted 

12 in whole or in part by this Act shall be paid wages 

13 at rates not less than those prevailing on projects of 

14 a character similar in the locality as determined by 

15 the Secretary of Labor in accordance with sub16 chapter IV of chapter 31 of part A of subtitle II of 

17 title 40, United States Code (commonly referred to 

18 as the ‘‘Davis-Bacon Act’’). 

19 (2) AUTHORITY.—With respect to the labor 

20 standards specified in this subsection, the Secretary 

21 of Labor shall have the authority and functions set 

22 forth in Reorganization Plan Numbered 14 of 1950 

23 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

24 title 40, United States Code. 

25 (f) REPORTS.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of receipt of a grant under this Act, a State 

3 shall submit to the Secretary, the Committee on En4 ergy and Natural Resources of the Senate, and the 

5 Committee on Energy and Commerce of the House 

6 of Representatives a report that describes the per7 formance of covered programs carried out using the 

8 grant funds. 

9 (2) DATA.— 

10 (A) IN GENERAL.—A State receiving a 

11 grant under this Act, in cooperation with the 

12 Secretary, shall— 

13 (i) collect and share data resulting 

14 from covered programs carried out under 

15 this Act; and 

16 (ii) include in the report submitted 

17 under paragraph (1) any data collected 

18 under clause (i). 

19 (B) DEPARTMENT DATABASES.—The Sec20 retary shall incorporate data described in sub21 paragraph (A) into appropriate databases of the 

22 Department of Energy, with provisions for the 

23 protection of confidential business data. 


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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $250,000,000, to remain 

4 available until expended. 

5 (b) STATE ENERGY OFFICES.—Funds provided to a 

6 State under this Act shall be provided to the office within 

7 the State that is responsible for developing the State en8 ergy plan for the State under part D of title III of the 

9 Energy Policy and Conservation Act (42 U.S.C. 6321 et 

10 seq). 

Æ 


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