I 

117TH CONGRESS 

1ST SESSION H. R. 1512 

To build a clean and prosperous future by addressing the climate crisis, 

protecting the health and welfare of all Americans, and putting the 

Nation on the path to a net-zero greenhouse gas economy by 2050, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2021 

Mr. PALLONE (for himself, Mr. TONKO, and Mr. RUSH) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Oversight and Reform, Education and Labor, Ways and 

Means, Natural Resources, Armed Services, Foreign Affairs, Science, 

Space, and Technology, Intelligence (Permanent Select), and Financial 

Services, 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 build a clean and prosperous future by addressing the 

climate crisis, protecting the health and welfare of all 

Americans, and putting the Nation on the path to a 

net-zero greenhouse gas economy by 2050, and for other 

purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Climate Leadership 

3 and Environmental Action for our Nation’s Future Act’’ 

4 or the ‘‘CLEAN Future Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—NATIONAL CLIMATE TARGET 

Subtitle A—National Target 

Sec. 101. National goals. 

Sec. 102. Federal agency plans. 

Sec. 103. Accountability. 

Sec. 104. Clean Economy Federal Advisory Committee. 

Sec. 105. Recommendations for interim goals. 

Sec. 106. Definitions. 

Subtitle B—National Academy of Sciences Review 

Sec. 111. National Academy of Sciences review. 

TITLE II—POWER 

Subtitle A—Clean 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. 

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—Federal Energy Regulatory Reform 

PART 1—ELECTRICITY TRANSMISSION

Sec. 211. National policy on transmission. 

Sec. 212. Review of the effectiveness of policies and incentives to encourage deployment of advanced transmission technologies. 

Sec. 213. Siting of interstate electric transmission facilities. 

Sec. 214. Non-transmission alternatives. 

Sec. 215. Office of Transmission. 

Sec. 216. Identifying regional transmission needs. 


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Sec. 217. Interregional transmission planning. 

Sec. 218. Transmission siting assistance program. 

PART 2—PUBLIC INTEREST AND ENERGY MARKET REFORMS

Sec. 220. Market barriers to clean energy development. 

Sec. 220A. Office of Public Participation. 

Sec. 220B. Public interest under the Natural Gas Act. 

Sec. 220C. Modifications to exercise of the right of eminent domain by holder 

of a certificate of public convenience and necessity. 

Subtitle C—Public Utility Regulatory Policies Act Reform 

Sec. 221. Consideration of energy storage systems. 

Sec. 222. Coordination of programs. 

Sec. 223. Promoting consideration and utilization of non-wires solutions. 

Sec. 224. Contract options for qualified facilities. 

Sec. 225. Establishment of community solar programs. 

Sec. 226. Rural and remote communities electrification grants. 

Subtitle D—Electricity Infrastructure Modernization and Resilience 

Sec. 230. 21st century power grid. 

Sec. 231. Microgrids. 

Sec. 232. Strategic transformer reserve program. 

Sec. 233. Department of Energy support to repower communities. 

Sec. 234. Environmental Protection Agency support to repower communities. 

Sec. 235. Dam safety. 

Sec. 236. Clean energy microgrid grant program. 

Subtitle E—Clean Electricity Generation 

Sec. 241. Distributed energy resources. 

Sec. 242. Grant program for solar installations located in, or that serve, lowincome and underserved areas. 

Sec. 243. Hydropower licensing and process improvements. 

Sec. 244. Long-term nuclear power purchase agreement pilot program. 

Sec. 245. Distributed renewable energy. 

Sec. 246. Power purchase agreements. 

Sec. 247. Hydropower regulatory improvements. 

Sec. 248. Study on equitable distribution of benefits of clean energy. 

Subtitle F—Low-Income Assistance 

Sec. 251. LIHEAP authorization. 

TITLE III—EFFICIENCY 

Subtitle A—Energy Saving Building Codes 

Sec. 301. Energy saving building codes. 

Subtitle B—Existing Building Retrofits 

Sec. 311. Energy efficient public buildings. 

Sec. 312. Grants for energy efficiency improvements and renewable energy improvements at public school facilities. 

Subtitle C—Promoting Energy Efficiency 


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Sec. 321. Removing barriers to efficiency. 

Sec. 322. Energy Efficiency and Conservation Block Grant Program. 

Sec. 323. Nonprofit energy efficiency pilot program. 

Sec. 324. Home Wildfire Risk Reduction Rebate Program. 

Sec. 325. State energy-efficient appliance rebate program. 

Subtitle D—HOPE for HOMES 

Sec. 331. Definitions. 

PART 1—HOPE TRAINING

Sec. 332. Notice for HOPE Qualification training and grants. 

Sec. 333. Course criteria. 

Sec. 334. HOPE Qualification. 

Sec. 335. Grants. 

Sec. 336. Authorization of appropriations. 

PART 2—HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM

Sec. 337. Establishment of Home Energy Savings Retrofit Rebate Program. 

Sec. 338. Partial system rebates. 

Sec. 339. State administered rebates. 

Sec. 340. Special provisions for moderate income households. 

Sec. 341. Evaluation reports to Congress. 

Sec. 342. Administration. 

Sec. 343. Treatment of rebates. 

Sec. 344. Authorization of appropriations. 

PART 3—GENERAL PROVISIONS

Sec. 345. Appointment of personnel. 

Sec. 346. Maintenance of funding. 

Subtitle E—Investing in State Energy 

Sec. 351. Investing in State energy. 

Sec. 352. State energy security plans. 

Subtitle F—FEMP 

Sec. 361. Energy and water performance requirement for Federal facilities. 

Subtitle G—Open Back Better 

Sec. 371. Facilities energy resiliency. 

Sec. 372. Personnel. 

Subtitle H—Benchmarking 

Sec. 381. Definitions. 

Sec. 382. Commercial and multifamily building benchmarking and transparency 

initiative. 

Sec. 383. National benchmarking requirement. 

Sec. 384. Exemptions and extensions. 

Sec. 385. Data transparency and sharing. 

Sec. 386. Federal implementation and support. 

TITLE IV—TRANSPORTATION 


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Subtitle A—Greenhouse Gas Pollution Emission Standards 

Sec. 401. Transportation carbon management. 

Subtitle B—Cleaner Fuels 

Sec. 411. Accelerating approval of clean fuels. 

Sec. 412. Annual deadline for petitions by small refineries for exemptions from 

renewable fuel requirements. 

Sec. 413. Information in petition subject to public disclosure. 

Subtitle C—ZEV Vehicle Deployment 

Sec. 421. Reauthorization of diesel emissions reduction program. 

Sec. 422. Pilot program for the electrification of certain refrigerated vehicles. 

Sec. 423. Clean School Bus Program. 

Sec. 424. Clean Cities Coalition Program. 

Subtitle D—Zero Emissions Vehicle Infrastructure Buildout 

PART 1—ELECTRIC VEHICLE INFRASTRUCTURE

Sec. 431. Definitions. 

Sec. 432. Electric vehicle supply equipment rebate program. 

Sec. 433. Model building code for electric vehicle supply equipment. 

Sec. 434. Electric vehicle supply equipment coordination. 

Sec. 435. State consideration of electric vehicle charging. 

Sec. 436. State energy plans. 

Sec. 437. Transportation electrification. 

Sec. 438. Federal fleets. 

PART 2—ELECTRIC VEHICLES FOR UNDERSERVED COMMUNITIES

Sec. 440A. Expanding access to electric vehicles in underserved and disadvantaged communities. 

Sec. 440B. Electric vehicle charging equity program. 

Sec. 440C. Ensuring program benefits for underserved and disadvantaged communities. 

Sec. 440D. Definitions. 

PART 3—ELECTRIC VEHICLE MAPPING

Sec. 440E. Definitions. 

Sec. 440F. Electric vehicle charging station mapping program. 

Sec. 440G. Authorization of appropriations. 

Subtitle E—Promoting Domestic Advanced Vehicle Manufacturing 

Sec. 441. Domestic Manufacturing Conversion Grant Program. 

Sec. 442. Advanced technology vehicles manufacturing incentive program. 

Subtitle F—Port Electrification and Decarbonization 

Sec. 451. Definitions. 

Sec. 452. Grants to reduce air pollution at ports. 

Sec. 453. Model methodologies. 

Sec. 454. Port electrification. 

Sec. 455. Authorization of appropriations. 


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TITLE V—INDUSTRY 

Subtitle A—Industrial Technology Development, Demonstration, and 

Deployment 

Sec. 501. DOE Assistant Secretary for manufacturing and industry. 

Sec. 502. Supporting carbon dioxide geologic sequestration. 

Sec. 503. Determining reasonable prospect of repayment under title XVII loan 

program. 

Sec. 504. Clean energy manufacturing grant program. 

Subtitle B—Industrial Efficiency 

Sec. 511. Smart manufacturing leadership. 

Subtitle C—Federal Buy Clean Program 

Sec. 521. Definitions. 

Sec. 522. Embodied emissions transparency. 

Sec. 523. Reports to Congress. 

Sec. 524. Establishing buy clean standards for federally funded infrastructure 

projects. 

Sec. 525. Climate Star program. 

Subtitle D—Industrial Efficiency Incentives 

Sec. 531. Purposes. 

Sec. 532. Sustainable industry rebate program. 

Sec. 533. Industrial efficiency working group. 

TITLE VI—ENVIRONMENTAL JUSTICE 

Subtitle A—Empowering Community Voices 

Sec. 601. Definitions. 

Sec. 602. Environmental justice community technical assistance grants. 

Sec. 603. Interagency Federal Working Group on Environmental Justice. 

Sec. 604. Federal agency actions to address environmental justice. 

Sec. 605. National Environmental Justice Advisory Council. 

Sec. 606. Reducing disproportionate impacts of pollution on environmental justice communities. 

Sec. 607. Ensuring environmental justice in the disposal of hazardous waste. 

Sec. 608. Hazardous release community notification. 

Sec. 609. Environmental justice grant programs. 

Sec. 610. Environmental justice community solid waste disposal technical assistance grants. 

Sec. 611. Training of employees of Federal agencies. 

Sec. 612. Environmental justice basic training program. 

Sec. 613. Environmental justice clearinghouse. 

Sec. 614. Public meetings. 

Sec. 615. Environmental justice community, State, and Tribal grant programs. 

Sec. 616. Public health risks associated with cumulative environmental 

stressors. 

Sec. 617. Climate Justice Grant Program. 

Sec. 618. Office of Energy Equity. 

Subtitle B—Restoring Regulatory Protections 


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Sec. 621. Enhancing underground injection controls for enhanced oil recovery. 

Sec. 622. Ensuring safe disposal of coal ash. 

Sec. 623. Safe hydration is an American right in energy development. 

Sec. 624. Addressing hazardous air pollution from oil and gas sources. 

Sec. 625. Closing loopholes and ending arbitrary and needless evasion of regulations. 

Subtitle C—Infrastructure To Protect Communities 

Sec. 631. Climate impacts financial assurance and user fees. 

Sec. 632. Brownfields funding. 

Sec. 633. Drinking Water SRF funding. 

Sec. 634. Drinking water system resilience funding. 

Sec. 635. PFAS treatment grants. 

Sec. 636. National Priorities List cleanup. 

Sec. 637. Lead service line replacement. 

Subtitle D—Climate Public Health Protection 

Sec. 641. Sense of Congress on public health and climate change. 

Sec. 642. Relationship to other laws. 

Sec. 643. National strategic action plan and program. 

Sec. 644. Advisory board. 

Sec. 645. Climate change health protection and promotion reports. 

Subtitle E—Public Health Air Quality Infrastructure 

Sec. 651. Health emergency air toxics monitoring. 

Sec. 652. Community air toxics monitoring. 

Sec. 653. Criteria pollutant/NAAQS monitoring network. 

Sec. 654. Sensor monitoring. 

Sec. 655. Environmental health disparities research grant programs. 

Sec. 656. Definitions. 

TITLE VII—SUPER POLLUTANTS 

Subtitle A—Methane 

Sec. 701. Controlling methane emissions from the oil and natural gas sector. 

Sec. 702. Controlling flaring. 

Sec. 703. Emerging oil and natural gas greenhouse gas emission reduction 

technologies program. 

Sec. 704. Improving the natural gas distribution system. 

Sec. 705. Grants for composting and anaerobic digestion food waste-to-energy 

projects. 

Subtitle B—Black Carbon 

Sec. 711. Definitions. 

Sec. 712. Reduction of black carbon emissions. 

TITLE VIII—ECONOMYWIDE POLICIES 

Subtitle A—State Climate Plans 

Sec. 801. State Climate Plans. 

Subtitle B—Clean Energy and Sustainability Accelerator 


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Sec. 811. Clean Energy and Sustainability Accelerator. 

Subtitle C—Clean Energy Workforce 

PART 1—OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT

Sec. 821. Name of office. 

Sec. 822. Energy workforce development programs. 

Sec. 823. Authorization. 

PART 2—ENERGY WORKFORCE DEVELOPMENT

Sec. 824. Energy workforce development. 

Sec. 825. Energy workforce grant program. 

Sec. 826. Definitions. 

Subtitle D—National Security 

Sec. 831. Climate change national security strategy. 

Sec. 832. Coordination on climate change and national security. 

Sec. 833. Federal agency implementation plan. 

Sec. 834. Definitions. 

Subtitle E—Ensuring Just and Equitable Climate Action 

Sec. 841. Worker protections. 

Sec. 842. Funding for environmental justice communities. 

Subtitle F—Climate Risk Disclosures 

Sec. 851. Sense of Congress. 

Sec. 852. Disclosures relating to climate change. 

Sec. 853. Backstop. 

TITLE IX—WASTE REDUCTION 

Subtitle A—Clean Air 

Sec. 901. Definitions. 

Sec. 902. Clean air. 

Sec. 903. Environmental justice. 

Subtitle B—Product Standards and Producer Responsibility 

Sec. 911. Product standards and producer responsibility. 

Sec. 912. Federal procurement. 

Sec. 913. Task force on extended producer responsibility. 

Sec. 914. National Academy of Sciences review. 

Subtitle C—Zero-Waste Grants 

Sec. 921. Definitions. 

Sec. 922. Grants for zero-waste projects. 

Sec. 923. Grants for landfill diversion. 

Sec. 924. Grant applications. 

Sec. 925. Reporting. 

Sec. 926. Annual conference. 

Sec. 927. Authorization of appropriations. 


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Subtitle D—Education and Outreach 

Sec. 931. Definition of Administrator. 

Sec. 932. Consumer recycling education and outreach grant program. 

Sec. 933. Electronic waste education and awareness. 

Sec. 934. Authorization of appropriations. 

Subtitle E—Critical Minerals 

Sec. 941. Definitions. 

Sec. 942. Grants for battery collection, recycling, and reprocessing. 

Sec. 943. Best practices for collection of batteries. 

Sec. 944. Voluntary labeling program. 

Sec. 945. Task force on battery producer responsibility. 

Sec. 946. Task force on wind and solar recycling. 

Sec. 947. Studies on disposal and recycling. 

Sec. 948. Authorization of appropriations. 

TITLE X—WORKER AND COMMUNITY TRANSITION 

Sec. 1001. Definitions. 

Sec. 1002. Energy and economic transition impact studies. 

Sec. 1003. Office of Energy and Economic Transition. 

Sec. 1004. Interagency Energy and Economic Transition Task Force. 

Sec. 1005. Stakeholder Advisory Committee. 

Sec. 1006. Assistance for adversely affected communities. 

Sec. 1007. Community-based transition hub program. 

1 TITLE I—NATIONAL CLIMATE 

2 TARGET 

3 Subtitle A—National Target 

4 SEC. 101. NATIONAL GOALS. 

5 It is hereby declared that it is— 

6 (1) the national interim goal for the United 

7 States to achieve a minimum of a 50 percent reduc8 tion in emissions of greenhouse gases from 2005 lev9 els by not later than 2030; and 

10 (2) the national goal for the United States to 

11 achieve a 100 percent clean economy by not later 

12 than 2050. 


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1 SEC. 102. FEDERAL AGENCY PLANS. 

2 (a) PLAN DEVELOPMENT.—The head of each Federal 

3 agency shall, in accordance with this section, develop a 

4 plan for actions to be taken by the Federal agency, con5 sistent with the Federal agency’s mission and exclusively 

6 through authorities vested in the Federal agency by provi7 sions of law other than this Act, to achieve, in combination 

8 with the other Federal agencies, the national interim goal 

9 and the national goal declared by section 101. Each Fed10 eral agency’s plan shall include actions that will— 

11 (1) make significant and rapid progress toward 

12 meeting such national interim goal and national 

13 goal; and 

14 (2) constitute a substantial change from busi15 ness-as-usual policies and practices of such Federal 

16 agency. 

17 (b) ACTIONS TO MEET GOALS.— 

18 (1) IN GENERAL.—Actions selected by the head 

19 of a Federal agency to include in a plan developed 

20 under subsection (a) may include issuing regula21 tions, providing incentives, carrying out research and 

22 development programs, reducing the greenhouse gas 

23 emissions of such Federal agency itself, increasing 

24 the resilience of such Federal agency’s facilities and 

25 operations to climate change impacts and risks, and 

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1 termines appropriate to achieve the national interim 

2 goal and the national goal declared by section 101. 

3 (2) SELECTION.—In selecting actions to include 

4 in a plan developed under subsection (a), the head 

5 of each Federal agency shall select actions designed 

6 to— 

7 (A) improve public health, resilience, and 

8 environmental outcomes, especially for rural 

9 and low-income households, communities of 

10 color, Tribal and indigenous communities, 

11 deindustrialized communities, and communities 

12 that are disproportionately vulnerable to the im13 pacts of climate change and other pollution; 

14 (B) provide benefits for consumers, small 

15 businesses, farmers and ranchers, and rural 

16 communities; 

17 (C) prioritize infrastructure investment 

18 that reduces emissions of greenhouse gases and 

19 other pollutants, creates quality jobs, and 

20 makes communities more resilient to the effects 

21 of climate change; 

22 (D) enhance quality job creation and raise 

23 labor standards across the United States econ24 omy, including removing policy barriers to labor 

25 union organizing, protecting labor agreements, 


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1 applying prevailing wage, safety and health pro2 tections, domestic content, and other provisions; 

3 (E) lead in clean and emerging technology 

4 production and manufacturing across the sup5 ply chain and align policies to ensure United 

6 States companies retain their competitive edge 

7 in a clean economy; 

8 (F) ensure fairness and equity for workers 

9 and communities affected by the transition to a 

10 100 percent clean economy; and 

11 (G) prepare communities for climate 

12 change impacts and risks. 

13 (c) PROPOSED PLAN.— 

14 (1) PUBLIC COMMENT.—Not later than 6 

15 months after the date of enactment of this Act, the 

16 head of each Federal agency shall make the pro17 posed plan of the Federal agency developed under 

18 subsection (a) available for public comment. 

19 (2) INTERAGENCY REVIEW.—Not later than 9 

20 months after the date of enactment of this Act, the 

21 head of a Federal agency, after considering public 

22 comments and revising a proposed plan developed 

23 under subsection (a), as appropriate, shall submit 

24 the proposed plan to the Administrator for review 


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1 and comment. The Administrator, in consultation 

2 with the Secretary where appropriate, shall— 

3 (A) evaluate the sufficiency of each such 

4 proposed plan individually, and in combination 

5 with the proposed plans of other Federal agen6 cies, to achieve the national interim goal and 

7 the national goal declared by section 101; and 

8 (B) provide, not later than 90 days after 

9 receiving the proposed plan of a Federal agen10 cy, written recommendations to such Federal 

11 agency to ensure that the plan is individually, 

12 and in combination with the proposed plans of 

13 other Federal agencies, sufficient to achieve the 

14 national interim goal and the national goal de15 clared by section 101 and advance the objec16 tives listed in subsection (b)(2). 

17 (d) SUBMISSION.—Not later than 15 months after 

18 the date of enactment of this Act, the head of each Federal 

19 agency shall make public and submit to Congress— 

20 (1) a plan developed under subsection (a) that 

21 incorporates revisions to the proposed plan, as ap22 propriate, to address the recommendations provided 

23 by the Administrator under subsection (c); 

24 (2) the recommendations provided by the Ad25 ministrator under subsection (c); and 


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1 (3) recommendations of the Federal agency on 

2 additional authority for the Federal agency, if any, 

3 that would be helpful for such Federal agency, in 

4 combination with the other Federal agencies, to 

5 achieve the national interim goal and the national 

6 goal declared by section 101. 

7 (e) TECHNICAL ASSISTANCE.—The Administrator, in 

8 consultation with the Secretary as appropriate, shall pro9 vide technical assistance upon request by any Federal 

10 agency in developing or revising a plan under this section. 

11 (f) IMPLEMENTATION.—Beginning not later than 15 

12 months after the date of enactment of this Act, the head 

13 of each Federal agency shall implement the plan of the 

14 Federal agency developed under subsection (a) and sub15 mitted to Congress under subsection (d). 

16 (g) REVISIONS.—Not less frequently than every 24 

17 months after the head of a Federal agency submits to 

18 Congress the Federal agency’s plan under subsection (d), 

19 the head of such Federal agency, in consultation with the 

20 Administrator, shall review and revise the plan to ensure 

21 it is sufficient to achieve, in combination with the plans 

22 of the other Federal agencies, the national interim goal 

23 and the national goal declared by section 101. The head 

24 of each Federal agency shall include the conclusion of each 

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1 view in the next annual report required under subsection 

2 (h). 

3 (h) ANNUAL REPORT.—Not later than March 31 of 

4 the calendar year after the calendar year in which each 

5 Federal agency is required to submit to Congress a plan 

6 under subsection (d), and not later than March 31 of each 

7 year thereafter, the head of each Federal agency shall 

8 issue a public report on the plan of such Federal agency 

9 (including any revisions to such plan), actions taken by 

10 the Federal agency pursuant to such plan, and the effects 

11 of such actions, during the preceding calendar year. 

12 SEC. 103. ACCOUNTABILITY. 

13 (a) EPA REVIEW AND REPORTS.—The Adminis14 trator shall— 

15 (1) monitor the overall progress of the United 

16 States in reducing greenhouse gas emissions and to17 ward achieving the national interim goal and the na18 tional goal declared by section 101; and 

19 (2) not later than September 30 of the calendar 

20 year after the calendar year in which each Federal 

21 agency is required to submit to Congress a plan 

22 under section 102(d), and not later than September 

23 30 of each year thereafter, submit to Congress and 

24 publish a report on such progress that includes— 


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1 (A) a review of how such greenhouse gas 

2 emissions reductions relate to the international 

3 commitments of the United States; and 

4 (B) recommendations developed under sub5 section (b). 

6 (b) RECOMMENDATIONS.—The Administrator shall 

7 include— 

8 (1) in each annual report submitted under sub9 section (a), as appropriate, after consulting with the 

10 Secretary and considering any recommendations of 

11 the Advisory Committee, recommendations regarding 

12 the rate of progress of the United States toward 

13 achieving the national interim goal and the national 

14 goal declared by section 101; and 

15 (2) in an appendix to each such annual report, 

16 the recommendations of the Advisory Committee. 

17 SEC. 104. CLEAN ECONOMY FEDERAL ADVISORY COM18 MITTEE. 

19 (a) ESTABLISHMENT.—Not later than 3 months after 

20 the date of enactment of this Act, the Administrator 

21 shall— 

22 (1) establish an advisory committee, to be 

23 known as the Clean Economy Federal Advisory 

24 Committee, to make recommendations described in 

25 subsection (c); and 


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1 (2) appoint the following members to the Advi2 sory Committee that reflect diversity in gender, age, 

3 race, and geography: 

4 (A) 2 members who are State officials 

5 from different States, including at least 1 offi6 cial from a State that has adopted greenhouse 

7 gas reduction targets. 

8 (B) 2 members who are local government 

9 officials from different States than the States 

10 represented by the members appointed pursuant 

11 to subparagraph (A), including— 

12 (i) 1 official from a city or county 

13 that has adopted greenhouse gas reduction 

14 targets; and 

15 (ii) 1 official from a city or county 

16 that is impacted by the transition away 

17 from fossil energy. 

18 (C) 1 member who represents an environ19 mental nonprofit organization with expertise in 

20 mitigation of greenhouse gas emissions. 

21 (D) 2 members who are members of envi22 ronmental justice organizations representing en23 vironmental justice communities. 


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1 (E) 2 members who are members of cli2 mate justice organizations representing commu3 nities on the front lines of climate change. 

4 (F) 2 members who are representatives of 

5 Tribal communities, including— 

6 (i) 1 member from a community im7 pacted by pollution from the fossil fuel in8 dustry; and 

9 (ii) 1 member from a community im10 pacted by the transition away from fossil 

11 energy. 

12 (G) 2 members who are members of the 

13 National Academy of Sciences and have exper14 tise in climate science. 

15 (H) 4 members who are employed by orga16 nized labor unions, including— 

17 (i) 1 member from a utility sector 

18 union; 

19 (ii) 1 member from a transportation 

20 sector union; 

21 (iii) 1 member from a manufacturing 

22 union; and 

23 (iv) 1 member from a building trades 

24 union. 


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1 (I) 2 members who are employed by the 

2 power sector, including at least 1 member from 

3 a business in the clean energy industry. 

4 (J) 2 members of the agriculture industry, 

5 including 1 member who is a farmer or rancher 

6 and 1 member who represents an organization 

7 that represents family farms. 

8 (K) 2 members from the transportation 

9 sector, including at least 1 member who is a 

10 representative of a public transit industry. 

11 (L) 2 members from the manufacturing 

12 sector, including at least 1 member who is from 

13 a business that has committed to net-zero 

14 greenhouse gas emissions. 

15 (M) 2 members from the commercial and 

16 residential building sector, including at least 1 

17 member who is from a business that has com18 mitted to improving energy efficiency in com19 mercial or residential buildings. 

20 (N) 1 member with expertise in public 

21 health. 

22 (O) 1 member who is a young person who 

23 is associated with a climate and environmental 

24 organization. 

25 (b) ORGANIZATION; TERMINATION.— 


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1 (1) SUBCOMMITTEES.—The Advisory Com2 mittee may, as the Advisory Committee determines 

3 appropriate, establish subcommittees to provide ad4 vice to the full Advisory Committee on matters with5 in the respective subcommittee’s area of expertise. 

6 At a minimum, the Advisory Committee shall con7 sider establishing subcommittees on— 

8 (A) environmental justice; 

9 (B) climate justice; 

10 (C) fairness and equity for workers; and 

11 (D) the transition of communities depend12 ent upon fossil fuels. 

13 (2) MEETINGS.—The Advisory Committee shall 

14 meet not less frequently than 3 times in the first 

15 year after it is established, and at least annually 

16 thereafter. 

17 (3) TERMS.—A member of the Advisory Com18 mittee shall be appointed for a term of 2 years and 

19 the Administrator may reappoint members for no 

20 more than 3 consecutive terms. 

21 (4) VACANCIES.—Any vacancy in the Advisory 

22 Committee shall be filled by the Administrator in the 

23 same manner as the original appointment and not 

24 later than 180 days after the occurrence of the va25 cancy. 


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1 (5) CHAIR.—The Advisory Committee shall ap2 point a chair from among the members of the Advi3 sory Committee by a majority of those voting, if a 

4 quorum is present. 

5 (6) QUORUM.—A two-thirds majority of mem6 bers of the full Advisory Committee shall constitute 

7 a quorum. 

8 (7) APPLICABILITY OF FACA.—The Advisory 

9 Committee shall be subject to the Federal Advisory 

10 Committee Act (5 U.S.C. App.). 

11 (8) TERMINATION.—The Advisory Committee 

12 shall terminate on December 31, 2050. 

13 (c) RECOMMENDATIONS.— 

14 (1) INTERIM GOALS.—Not later than 15 

15 months after the date of enactment of this Act, and 

16 upon the request of the Administrator thereafter, 

17 the Advisory Committee shall submit to the Admin18 istrator recommendations on one or more interim 

19 greenhouse gas emissions reduction goals for the 

20 United States to achieve before achieving the na21 tional goal declared by section 101(2). 

22 (2) ANNUAL REVIEW.—Not later than June 30 

23 of the calendar year after the calendar year in which 

24 each Federal agency is required to submit to Con25 gress a plan under section 102(d), and not later 


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1 than June 30 of each year thereafter, and upon the 

2 request of the Administrator, the Advisory Com3 mittee may provide recommendations for the Admin4 istrator to consider in developing recommendations 

5 to include in the annual report required under sec6 tion 103. 

7 (3) OTHER MATTERS.—Upon the request of the 

8 Administrator, or upon the Advisory Committee’s 

9 initiative, the Advisory Committee may provide rec10 ommendations for the Administrator to consider re11 garding any of the matters addressed by this Act. 

12 SEC. 105. RECOMMENDATIONS FOR INTERIM GOALS. 

13 (a) IN GENERAL.—Not later than 18 months after 

14 the date of enactment of this Act, the Administrator shall, 

15 after consulting with the Secretary and obtaining the rec16 ommendations of the Advisory Committee, recommend to 

17 Congress one or more interim greenhouse gas emissions 

18 reduction goals for the United States to achieve before 

19 achieving the national goal declared by section 101(2). In 

20 selecting one or more such interim goals to recommend 

21 to Congress, the Administrator shall consider— 

22 (1) the best available science on the needed 

23 pace of reducing greenhouse gas emissions to limit 

24 global warming to 1.5° Celsius; 


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1 (2) the international commitments by the 

2 United States to address climate change, so as to 

3 ensure that any interim goal is, at a minimum, con4 sistent with such commitments; and 

5 (3) the degree of progress considered necessary 

6 by a given date to maximize the likelihood that there 

7 is an economically and technically feasible path for8 ward from such date to achieve the national goal de9 clared by section 101(2). 

10 (b) UPDATES.—Upon request of Congress, or any 

11 new international commitment by the United States to ad12 dress climate change, the Administrator may recommend 

13 to Congress revised or additional interim goals. 

14 SEC. 106. DEFINITIONS. 

15 For purposes of this subtitle: 

16 (1) ADVISORY COMMITTEE.—The term ‘‘Advi17 sory Committee’’ means the Clean Economy Federal 

18 Advisory Committee established pursuant to section 

19 104. 

20 (2) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency. 

23 (3) FEDERAL AGENCY.—The term ‘‘Federal 

24 agency’’ has the meaning given the term ‘‘agency’’ 

25 in section 551 of title 5, United States Code. 


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1 (4) GREENHOUSE GAS.—The term ‘‘greenhouse 

2 gas’’ means the heat-trapping gases for which the 

3 anthropogenic emissions are estimated and reported 

4 in the most recently issued ‘‘Inventory of U.S. 

5 Greenhouse Gas Emissions and Sinks’’ prepared an6 nually by the Environmental Protection Agency in 

7 accordance with the commitments of the United 

8 States under the United Nations Framework Con9 vention on Climate Change. 

10 (5) 100 PERCENT CLEAN ECONOMY.—The term 

11 ‘‘100 percent clean economy’’ means, with respect to 

12 the United States, economywide, net-zero greenhouse 

13 gas emissions, or negative greenhouse gas emissions, 

14 after annual accounting for sources and sinks of an15 thropogenic greenhouse gas emissions consistent 

16 with the coverage of emissions reported by the 

17 United States under the United Nations Framework 

18 Convention on Climate Change. 

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

20 the Secretary of Energy. 

21 Subtitle B—National Academy of 

22 Sciences Review 

23 SEC. 111. NATIONAL ACADEMY OF SCIENCES REVIEW. 

24 (a) IN GENERAL.—The Administrator of the Envi25 ronmental Protection Agency shall seek to enter into an 


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1 agreement with the National Academy of Sciences under 

2 which the Academy agrees to— 

3 (1) conduct a study on matters concerning the 

4 national goal of achieving net-zero greenhouse gas 

5 emissions by 2050; 

6 (2) not later than 3 years after the date of 

7 entry into such agreement, complete such study and 

8 submit to the Congress and the Administrator a re9 port on the results of such study that includes— 

10 (A) the metrics by which the achievement 

11 of such goal should be determined; and 

12 (B) a method to determine progress to13 ward and success in reaching such goal; and 

14 (3) not later than 5 years after the submission 

15 of such report, submit a followup report assessing— 

16 (A) the effectiveness of the metrics and 

17 method recommended in the report pursuant to 

18 subparagraphs (A) and (B) of paragraph (2) in 

19 evaluating progress toward reaching such goal; 

20 (B) the implementation by the Environ21 mental Protection Agency of such metrics and 

22 method, and of other recommendations in such 

23 report; and 

24 (C) the progress made towards the na25 tional goal declared by section 101(2) and all 


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1 interim goals recommended to Congress by the 

2 Administrator pursuant to section 105. 

3 (b) TIMING OF AGREEMENT.—The Administrator 

4 shall seek to enter into the agreement described in sub5 section (a) not later than 180 days after the date of enact6 ment of this Act. 

7 (c) REQUIREMENTS.—The study and report pursuant 

8 to paragraphs (1) and (2) of subsection (a) shall— 

9 (1) provide comprehensive metrics to measure 

10 lifecycle greenhouse gas emissions by sector and, 

11 where appropriate, major subsector, including— 

12 (A) industry; 

13 (B) electricity and heat production; 

14 (C) transportation; 

15 (D) buildings; 

16 (E) agriculture, forestry, and other land 

17 use; and 

18 (F) other sectors or major subsectors se19 lected by the Academy; 

20 (2) provide methodologies, inputs, measure21 ments, techniques, and equations to calculate 

22 lifecycle greenhouse gas emissions for each sector for 

23 which metrics are provided pursuant to paragraph 

24 (1) and, as the Academy deems appropriate, each 

25 major subsector for which such metrics are provided; 


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1 (3) identify limitations when evaluating and se2 lecting metrics to calculate lifecycle greenhouse gas 

3 emissions, and any challenges relevant to calculating 

4 lifecycle greenhouse gas emissions; 

5 (4) review and synthesize relevant existing as6 sessments of lifecycle greenhouse gas emissions for 

7 each sector for which metrics are provided pursuant 

8 to paragraph (1) and, as the Academy deems appro9 priate, each major subsector for which such metrics 

10 are provided, including assessments produced by— 

11 (A) the Intergovernmental Panel on Cli12 mate Change; 

13 (B) nongovernmental entities, nonprofit or14 ganizations, and academic institutions; 

15 (C) private actors; 

16 (D) domestic and international government 

17 actors; and 

18 (E) other international organizations; 

19 (5) assess existing metrics and methodologies 

20 for accounting for negative emissions and sinks; and 

21 (6) provide a methodology to use lifecycle 

22 greenhouse gas emissions metrics to determine 

23 sector- and major subsector-specific progress toward 

24 the national goal, including balancing emission 

25 sources, negative emissions, and sinks. 


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1 (d) RECOMMENDATIONS.—The study and report pur2 suant to paragraphs (1) and (2) of subsection (a) shall 

3 identify actions that could be taken to— 

4 (1) improve scientific understanding key to as5 sessing progress toward and success in achieving the 

6 national goal of net-zero greenhouse gas emissions 

7 by 2050; 

8 (2) improve the measurement of lifecycle green9 house gas emissions; and 

10 (3) improve the accounting of negative emis11 sions and sinks. 

12 (e) DEFINITIONS.—In this section: 

13 (1) The term ‘‘Academy’’ means the National 

14 Academy of Sciences. 

15 (2) The term ‘‘Administrator’’ means the Ad16 ministrator of the Environmental Protection Agency. 

17 (3) The term ‘‘lifecycle greenhouse gas emis18 sions’’ means the aggregate quantity of greenhouse 

19 gas emissions (including direct emissions and signifi20 cant indirect emissions such as significant emissions 

21 from land-use changes), as determined by the Acad22 emy over the full lifecycle of the respective green23 house gases, across all stages of a given sector or 

24 major subsector’s supply chain, where the mass val25 ues for all greenhouse gases are adjusted to account 


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1 for their relative global warming potential and resi2 dence time. 

3 (4) The term ‘‘negative emissions’’ means 

4 greenhouse gases permanently removed from the at5 mosphere, other than biogenic removals through 

6 land-use and forestry practices. 

7 (5) The term ‘‘sinks’’ means a reservoir of 

8 greenhouse gases removed from the atmosphere 

9 through land-use and forestry practices, consistent 

10 with the United Nations Framework Convention on 

11 Climate Change (UNFCCC) national inventory ac12 counting guidelines. 

13 TITLE II—POWER 

14 Subtitle A—Clean Electricity 

15 Standard 

16 SEC. 201. DEFINITIONS. 

17 In this subtitle: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Environ20 mental Protection Agency. 

21 (2) AFFILIATE.—The term ‘‘affiliate’’ has the 

22 meaning given such term in section 1262 of the En23 ergy Policy Act of 2005 (42 U.S.C. 16451). 

24 (3) ASSOCIATE COMPANY.—The term ‘‘associate 

25 company’’ has the meaning given such term in secVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 tion 1262 of the Energy Policy Act of 2005 (42 

2 U.S.C. 16451). 

3 (4) BEHIND-THE-METER GENERATION SYS4 TEM.—The term ‘‘behind-the-meter generation sys5 tem’’ means a system of generation of electric en6 ergy that operates on the electric consumer side of 

7 the applicable utility meter. 

8 (5) BENEFICIAL ELECTRIFICATION-RELATED

9 REDUCTION.—The term ‘‘beneficial electrification-re10 lated reduction’’ means the net reduction of the ag11 gregate greenhouse gas emissions of a retail elec12 tricity supplier and an electric consumer as the re13 sult of the replacement of a power source of the elec14 tric consumer that is not electric energy with electric 

15 energy provided by the retail electricity supplier, in16 cluding for the purpose of transportation, space 

17 heating, water heating, or industrial processes. 

18 (6) CARBON DIOXIDE EQUIVALENT.—The term 

19 ‘‘carbon dioxide equivalent’’ means the number of 

20 metric tons of carbon dioxide emissions with the 

21 same global warming potential over a 20-year period 

22 as 1 metric ton of another greenhouse gas, including 

23 the effects of climate-carbon feedbacks for both car24 bon dioxide and the other greenhouse gas, as deter25 mined in accordance with the Fifth Assessment ReVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 port of the Intergovernmental Panel on Climate 

2 Change. For methane, the global warming potential 

3 shall include the effect of carbon dioxide from meth4 ane oxidation in the atmosphere. 

5 (7) CARBON INTENSITY.—The term ‘‘carbon in6 tensity’’ means the carbon dioxide equivalent emis7 sions associated with the generation of 1 megawatt8 hour of electric energy, as determined by the Sec9 retary under section 204. 

10 (8) CARBON INTENSITY FACTOR.—The term 

11 ‘‘carbon intensity factor’’ means— 

12 (A) for each calendar year through 2030, 

13 0.82; 

14 (B) for calendar year 2031, 0.736; 

15 (C) for calendar year 2032, 0.652; 

16 (D) for calendar year 2033, 0.568; 

17 (E) for calendar year 2034, 0.484; or 

18 (F) for calendar year 2035 and each cal19 endar year thereafter, 0.4. 

20 (9) 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). 

24 (10) FEDERAL POWER MARKETING ADMINIS25 TRATION.—The term ‘‘Federal Power Marketing AdVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ministration’’ means the Bonneville Power Adminis2 tration, the Southeastern Power Administration, the 

3 Southwestern Power Administration, or the Western 

4 Area Power Administration. 

5 (11) GENERATING UNIT.—The term ‘‘gener6 ating 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 (12) GENERATOR.—The term ‘‘generator’’ 

21 means the owner or operator of a generating unit. 

22 (13) 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 (14) 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 (15) 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 (16) 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 (17) 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, nonforested land that 

12 was cleared before January 1, 2020, if the 

13 harvesting of the byproduct or residue does 

14 not lead to a net decline in soil organic 

15 matter for the applicable land; 

16 (ii) any cellulose, hemicellulose, or 

17 lignin that is derived from a woody or 

18 nonwoody plant that is planted for closed19 loop biomass (as defined in section 

20 45(c)(2) of the Internal Revenue Code of 

21 1986) on land that was, as of January 1, 

22 2021— 

23 (I) actively managed cropland or 

24 fallow and nonforested cropland, as 


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1 defined by the Department of Agri2 culture; 

3 (II) a brownfield site (as defined 

4 in section 101(39) of the Comprehen5 sive Environmental Response, Com6 pensation, and Liability Act of 1980 

7 (42 U.S.C. 9601(39))); or 

8 (III) an abandoned mine site; 

9 (iii) nonhazardous algal or other 

10 micro-crop matter; and 

11 (iv) waste— 

12 (I) that is burned in a qualified 

13 combined heat and power system; and 

14 (II) that is— 

15 (aa) methane captured from 

16 a landfill, an animal production 

17 facility, or a sewage treatment 

18 operation; 

19 (bb) nonhazardous land20 scape or right-of-way trimmings; 

21 (cc) vegetative matter re22 moved from an area located not 

23 more than 200 yards from a 

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1 ground for the purpose of pro2 tecting structures from wildfire; 

3 (dd) any byproduct of a 

4 wood mill or paper mill oper5 ation, including lignin in spent 

6 pulping liquors, that is dem7 onstrated to otherwise be burned 

8 for energy onsite; 

9 (ee) plant material removed 

10 for the purposes of invasive or 

11 noxious plant species control; or 

12 (ff) downed wood from ex13 treme weather events. 

14 (B) LIMIT OF INCLUSION OF INVASIVE

15 SPECIES.—Except as provided in subparagraph 

16 (A)(iv)(II)(ee), the term ‘‘qualified renewable 

17 biomass’’ does not include any matter that the 

18 Secretary of Agriculture, in consultation with 

19 other Federal or State departments and agen20 cies the Secretary determines appropriate, de21 termines is derived from— 

22 (i) a plant that is invasive or noxious; 

23 or 

24 (ii) a species or varieties of plants 

25 that are potentially invasive. 


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1 (C) OVERSIGHT.—The Administrator shall 

2 oversee that the aforementioned standards for 

3 qualified renewable biomass in subparagraphs 

4 (A) and (B) are adhered to, in consultation 

5 with the Secretary of Agriculture and the Sec6 retary of the Interior, as appropriate. 

7 (D) EMISSIONS.—Processing or combus8 tion of qualified renewable biomass should not 

9 result in emissions of— 

10 (i) an air pollutant for which air qual11 ity criteria has been issued under section 

12 108 of the Clean Air Act (42 U.S.C. 

13 7408); or 

14 (ii) a hazardous air pollutant listed 

15 pursuant to section 112(b) of the Clean 

16 Air Act (42 U.S.C. 7412). 

17 (18) QUALIFIED WASTE-TO-ENERGY.—The 

18 term ‘‘qualified waste-to-energy’’ means electric en19 ergy generated— 

20 (A) from the combustion of— 

21 (i) post-recycled municipal solid waste; 

22 (ii) gas produced from the gasification 

23 or pyrolization of post-recycled municipal 

24 solid waste; 

25 (iii) biogas; 


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1 (iv) landfill methane; 

2 (v) animal waste or animal byprod3 ucts; 

4 (vi) food waste; 

5 (vii) if diverted from or separated 

6 from other waste out of a municipal waste 

7 stream— 

8 (I) paper products that are not 

9 commonly recyclable; 

10 (II) vegetation; 

11 (III) tree trimmings; 

12 (IV) solid-wood yard waste, pal13 lets, or crates; or 

14 (V) manufacturing and construc15 tion debris; or 

16 (viii) any byproduct of a wood or 

17 paper mill operation, including lignin in 

18 spent pulping liquors; and 

19 (B) at a facility that the Administrator has 

20 certified, within the past 18 months, is— 

21 (i) in compliance with all applicable 

22 Federal and State environmental permits; 

23 and 

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1 ment of this subtitle, in compliance with 

2 emission standards under sections 112 

3 and, as applicable, 129 of the Clean Air 

4 Act (42 U.S.C. 7412, 7429) that apply as 

5 of the date of enactment of this subtitle to 

6 new facilities within the applicable source 

7 category. 

8 (19) RETAIL ELECTRICITY SUPPLIER.—The 

9 term ‘‘retail electricity supplier’’, as determined for 

10 each calendar year, means an entity in the United 

11 States that sold not fewer than 20 megawatt-hours 

12 of electric energy to electric consumers for purposes 

13 other than resale during the preceding calendar 

14 year. 

15 (20) SALE.—The term ‘‘sale’’, when used with 

16 respect to electric energy, has the meaning given 

17 such term in section 3(13) of the Public Utility Reg18 ulatory Policies Act of 1978 (16 U.S.C. 2602(13)). 

19 (21) STATE.—Except as otherwise provided in 

20 this title, the term ‘‘State’’ means a State of the 

21 United States and any district, commonwealth, terri22 tory, or possession of the United States. 

23 (22) ZERO-EMISSION ELECTRICITY.—The term 

24 ‘‘zero-emission electricity’’ means the fraction of the 

25 electric energy generated by a given generating unit 


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1 whose generation is not associated with the release 

2 of greenhouse gases to the atmosphere. The number 

3 of megawatt-hours of zero-emission electricity of a 

4 given generating unit is equal to the product ob5 tained by multiplying— 

6 (A) the qualified electricity generation of 

7 the generating unit; by 

8 (B) the extent to which the operation of 

9 the generating unit results in fewer greenhouse 

10 gas emissions than an efficient coal-burning 

11 power plant, which is the number that equals— 

12 (i) 1.0; less 

13 (ii) the quotient obtained by divid14 ing— 

15 (I) the carbon intensity of the 

16 generating unit; by 

17 (II) the carbon intensity factor. 

18 (23) ZERO-EMISSION ELECTRICITY CREDIT.— 

19 The term ‘‘zero-emission electricity credit’’ means a 

20 credit issued pursuant to section 204. 

21 SEC. 202. ZERO-EMISSION ELECTRICITY REQUIREMENT. 

22 (a) ZERO-EMISSION ELECTRICITY REQUIREMENT.— 

23 (1) CREDIT SUBMISSION REQUIREMENT.—Ex24 cept as otherwise provided in this section, effective 

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1 endar year, not later than June 1 of the following 

2 calendar year, each retail electricity supplier shall 

3 submit to the Administrator a quantity of zero-emis4 sion electricity credits that is equal to— 

5 (A) for each of calendar years 2023 and 

6 2024, the quantity of zero-emission electricity 

7 credits determined under paragraph (3) for the 

8 retail electricity supplier for such calendar year; 

9 and 

10 (B) for calendar year 2025 and each cal11 endar year thereafter, the average of the quan12 tity of zero-emission electricity credits deter13 mined under paragraph (3) for the retail elec14 tricity supplier for such calendar year and the 

15 two prior calendar years. 

16 (2) VOLUNTARY ASSIGNMENT OF COMPLIANCE

17 OBLIGATION BY PUBLIC POWER UTILITIES AND

18 ELECTRIC COOPERATIVES.—Any retail electricity 

19 supplier that is an electric cooperative, a State, or 

20 any political subdivision of a State, may elect to 

21 enter into an agreement with another political sub22 division of a State, an electric cooperative that has 

23 an obligation to serve such retail electricity supplier, 

24 or a generator to assign any reporting or compliance 

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1 division of a State, electric cooperative, or generator. 

2 An assignment made under this paragraph shall be 

3 established through a binding agreement executed 

4 among the relevant parties. 

5 (3) QUANTITY OF ZERO-EMISSION ELECTRICITY

6 CREDITS.— 

7 (A) IN GENERAL.—For each calendar year, 

8 the Administrator shall determine a quantity of 

9 zero-emission electricity credits for a retail elec10 tricity supplier that is equal to the product ob11 tained by multiplying— 

12 (i) the total quantity of electric en13 ergy, in megawatt-hours, consumed by 

14 electric consumers of the retail electricity 

15 supplier during the calendar year, that is 

16 provided by the retail electricity supplier or 

17 by a behind-the-meter generation system, 

18 as reported under subsection (b); by 

19 (ii) the minimum percentage of zero20 emission electricity for the calendar year. 

21 (B) SYSTEM SUPPORT RESOURCE.—For 

22 any calendar year in which a generating unit 

23 that is owned by a retail electricity supplier has 

24 been designated a System Support Resource by 

25 the Federal Energy Regulatory Commission 


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1 and is thereby required, by an Independent Sys2 tem Operator or Regional Transmission Organi3 zation, or under a State-regulated resource 

4 planning process, to remain in operation be5 cause retirement of the generating unit would 

6 harm the reliability of the electric energy trans7 mission system, in calculating the total quantity 

8 of electric energy consumed by electric con9 sumers of the retail electricity supplier under 

10 subparagraph (A)(i), the Administrator shall 

11 deduct the quantity of megawatt-hours of elec12 tricity generated by such generating unit during 

13 such calendar year. 

14 (C) EXCEPTION.— 

15 (i) IN GENERAL.—Notwithstanding 

16 anything to the contrary in this section, 

17 beginning with calendar year 2031, the 

18 Administrator shall defer for one calendar 

19 year increasing the required minimum per20 centage of zero-emission electricity as set 

21 forth in clauses (iii) through (vii) of para22 graph (5)(C) for a retail electricity supplier 

23 if the retail electricity supplier submits an 

24 alternative compliance payment in lieu of 

25 more than 10 percent of the quantity of 


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1 zero-emission electricity credits due pursu2 ant to this section in both calendar year 

3 2029 and calendar year 2030, or any two 

4 consecutive calendar years thereafter. 

5 (ii) EXTENDED SCHEDULE.—If a re6 tail electricity supplier receives a deferral 

7 pursuant to clause (i), the minimum per8 centage of zero-emission electricity as set 

9 forth in clauses (iii) through (vii) of para10 graph (5)(C) shall be each be extended by 

11 one calendar year. 

12 (iii) SAVINGS CLAUSE.—Notwith13 standing clauses (i) and (ii), the required 

14 minimum percentage of zero-emission elec15 tricity set forth in paragraph (5)(C)(vii) 

16 shall not be deferred beyond calendar year 

17 2040. 

18 (iv) ELECTRIC UTILITY BILL PAY19 MENT ASSISTANCE.—If the Administrator 

20 issues a deferral pursuant to clause (i), the 

21 Administrator shall, notwithstanding any22 thing to the contrary in section 205, award 

23 under section 205(b) an amount of money 

24 equal to 25 percent of the total amount 

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1 native compliance payments in the two 

2 years that triggered the deferral. Such 

3 sums shall be paid awarded for the sole 

4 purpose of assisting consumers of the re5 tail electricity supplier with their electric 

6 utility bill pursuant to terms established by 

7 the Administrator. 

8 (4) DEFINITIONS.—In this subsection: 

9 (A) 2020S ANNUAL PERCENTAGE IN10 CREASE.—The term ‘‘2020s annual percentage 

11 increase’’ means, with respect to a retail elec12 tricity supplier, the product obtained by multi13 plying— 

14 (i) the difference between 80 percent 

15 and the baseline zero-emission electricity 

16 percentage; by— 

(ii) 1 17 ⁄7. 

18 (B) BASELINE ZERO-EMISSION ELEC19 TRICITY PERCENTAGE.— 

20 (i) IN GENERAL.—The term ‘‘baseline 

21 zero-emission electricity percentage’’ 

22 means, with respect to a retail electricity 

23 supplier, the average percentage of the 

24 electric energy consumed by all electric 

25 consumers of the retail electricity supplier 


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1 that is zero-emission electricity during cal2 endar years 2017, 2018, and 2019. 

3 (ii) ELECTION.—For any retail elec4 tricity supplier served by an Independent 

5 System Operator or a Regional Trans6 mission Organization, or participating in a 

7 joint unit commitment and centralized eco8 nomic dispatch system regulated by the 

9 Federal Energy Regulatory Commission, 

10 the retail electricity supplier may elect to 

11 set its baseline zero-emission electricity 

12 percentage under clause (i) on the basis of 

13 the zero-emission electricity and electric 

14 energy consumed by either— 

15 (I) all electric consumers of the 

16 retail electricity supplier; or 

17 (II) all electric consumers served 

18 by the Independent System Operator, 

19 Regional Transmission Organization, 

20 or the applicable joint unit commit21 ment and centralized economic dis22 patch system that serves the retail 

23 electricity supplier. 

24 (iii) NOTIFICATION OF ELECTION.—A 

25 retail electricity supplier shall inform the 


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1 Administrator of its election under clause 

2 (ii) not later than 180 days after the date 

3 of enactment of this Act. 

4 (C) MINIMUM PERCENTAGE OF ZERO-EMIS5 SION ELECTRICITY.—The term ‘‘minimum per6 centage of zero-emission electricity’’ means, 

7 with respect to a retail electricity supplier— 

8 (i) for calendar year 2023, the base9 line zero-emission electricity percentage; 

10 (ii) for each of calendar years 2024 

11 through 2030, the amount, not to exceed 

12 100 percent, obtained by adding— 

13 (I) the minimum percentage of 

14 zero-emission electricity for the pre15 vious calendar year; and 

16 (II) the 2020s annual percentage 

17 increase; 

18 (iii) for calendar year 2031, 84 per19 cent; 

20 (iv) for calendar year 2032, 88 per21 cent; 

22 (v) for calendar year 2033, 92 per23 cent; 

24 (vi) for calendar year 2034, 96 per25 cent; and 


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1 (vii) for calendar year 2035 and each 

2 calendar year thereafter, 100 percent. 

3 (b) REPORTING ON BEHIND-THE-METER GENERA4 TION SYSTEMS.—Effective beginning in calendar year 

5 2023, each retail electricity supplier serving one or more 

6 behind-the-meter generation systems may, not later than 

7 January 1 of each calendar year, submit to the Adminis8 trator— 

9 (1) verification of the carbon intensity of be10 hind-the-meter generation systems connected to the 

11 retail electricity supplier; and 

12 (2) the quantity of electric energy generated by 

13 each such behind-the-meter generation system that 

14 is consumed for a useful purpose by electric con15 sumers served by the retail electricity supplier. 

16 (c) ALTERNATIVE COMPLIANCE PAYMENTS.— 

17 (1) IN GENERAL.—A retail electricity supplier 

18 may satisfy the requirements of subsection (a) with 

19 respect to a calendar year, in whole or in part, by 

20 submitting to the Administrator, in lieu of each 

21 zero-emission electricity credit that would otherwise 

22 be due, an alternative compliance payment equal to 

23 the amount determined for such calendar year pur24 suant to subparagraph (2). 


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1 (2) CALCULATION.—The Administrator shall 

2 calculate the alternative compliance payment under 

3 subparagraph (1) for each calendar year as follows: 

4 (A) For calendar year 2023, the alter5 native compliance payment shall be $40. 

6 (B) For calendar year 2024 and each cal7 endar year thereafter, the Administrator shall— 

8 (i) increase the prior calendar year 

9 amount by 3 percent; and 

10 (ii) adjust for inflation. 

11 SEC. 203. ZERO-EMISSION ELECTRICITY CREDIT TRADING 

12 PROGRAM. 

13 (a) ESTABLISHMENT.—Not later than 1 year after 

14 the date of enactment of this Act, the Administrator shall 

15 establish a zero-emission electricity credit trading program 

16 under which— 

17 (1) the Administrator shall record, track, auc18 tion, and transfer zero-emission electricity credits; 

19 and 

20 (2) a generator to whom such zero-emission 

21 electricity credits are issued may sell or otherwise 

22 transfer those credits, as provided or allowed by ap23 plicable contracts, through— 

24 (A) any auction established under the zero25 emission electricity credit trading program; 


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1 (B) direct sales; or 

2 (C) other transactional arrangements that 

3 sell electric energy or generating capacity either 

4 separately or combined with the transfer of 

5 zero-emission electricity credits, including trans6 actions that pair zero-emission electricity cred7 its with the demand of the retail electricity sup8 plier. 

9 (b) ADMINISTRATION.—In carrying out the program 

10 under this section, the Administrator shall ensure that a 

11 zero-emission electricity credit may be— 

12 (1) submitted only once under section 202(a); 

13 and 

14 (2) only purchased by, transferred to, or other15 wise secured by a retail electricity supplier. 

16 (c) DELEGATION OF MARKET FUNCTION.— 

17 (1) IN GENERAL.—In carrying out the program 

18 under this section, the Administrator may delegate, 

19 to one or more appropriate entities— 

20 (A) the administration of a transparent 

21 national market for the sale or trade of zero22 emission electricity credits; and 

23 (B) the tracking of dispatch of zero-emis24 sion electricity generation. 


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1 (2) ADMINISTRATION.—In making a delegation 

2 under paragraph (1), the Administrator shall ensure 

3 that the tracking and reporting of information con4 cerning the dispatch of zero-emission electricity gen5 eration is transparent, verifiable, and independent of 

6 any interests subject to an obligation under this 

7 title. 

8 (d) BANKING OF ZERO-EMISSION ELECTRICITY

9 CREDITS.—A zero-emission electricity credit may be used 

10 for compliance with the requirements of section 202 for 

11 the calendar year for which the zero-emission electricity 

12 credit is issued and the subsequent 3 calendar years. 

13 SEC. 204. DETERMINATION AND ISSUANCE OF QUANTITY 

14 OF ZERO-EMISSION ELECTRICITY CREDITS. 

15 (a) ISSUANCE OF ZERO-EMISSION ELECTRICITY

16 CREDITS.—The Administrator shall issue to each gener17 ator a quantity of zero-emission electricity credits deter18 mined in accordance with this section, not later than 

19 March 1 of the calendar year after the calendar year for 

20 which the zero-emission electricity credits are issued. 

21 (b) GENERAL RULES ON CREDIT ISSUANCE.—Except 

22 as otherwise provided in this section, the Administrator 

23 shall issue to a generator generating zero-emission elec24 tricity during a calendar year a quantity of zero-emission 


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1 electricity credits for such generation that is equal to the 

2 product obtained by multiplying— 

3 (1) the qualified electricity generation of the 

4 generator during such calendar year; by 

5 (2) the number that equals— 

6 (A) 1.0; less 

7 (B) the quotient obtained by dividing— 

8 (i) the average carbon intensity of the 

9 generating units of such generator for such 

10 calendar year, as determined in accordance 

11 with subsection (c); by 

12 (ii) the carbon intensity factor. 

13 (c) GENERAL RULES ON DETERMINING CARBON IN14 TENSITY.—Notwithstanding any other provision of this 

15 section, the Administrator shall determine the carbon in16 tensity of each generating unit of a generator. Such deter17 mination shall be made— 

18 (1) using data and methods from the Air Emis19 sion Measurement Center of the Environmental Pro20 tection Agency for emission testing and monitoring, 

21 including— 

22 (A) continuous emission monitoring sys23 tems; and 

24 (B) predictive emission monitoring sys25 tems; and 


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1 (2) with respect to a determination of the car2 bon intensity of any generating unit using qualified 

3 renewable biomass or qualified low-carbon fuel, or 

4 generating qualified waste-to-energy, in consultation 

5 with— 

6 (A) the Secretary of Agriculture; and 

7 (B) the Secretary of the Interior. 

8 (d) CARBON INTENSITY FOR CERTAIN CATEGORIES

9 OF GENERATING UNITS.— 

10 (1) GENERATING UNITS UTILIZING TECH11 NOLOGIES WITHOUT DIRECT EMISSIONS.—The Ad12 ministrator shall assign a carbon intensity of zero 

13 for any generating unit of a generator that does not 

14 produce direct emissions of any greenhouse gas in 

15 generating electric energy, including any generating 

16 unit that generates electric energy only through the 

17 use of solar, wind, ocean, current, wave, tidal, geo18 thermal, nuclear energy, or hydropower technology 

19 (except as described under paragraph (3)). 

20 (2) GENERATING UNITS UTILIZING TECH21 NOLOGIES UTILIZING FOSSIL FUELS.— 

22 (A) ACCOUNTING FOR UPSTREAM GREEN23 HOUSE GAS EMISSIONS.—In determining the 

24 carbon intensity of each generating unit using 

25 fossil fuel, the Administrator shall account for 


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1 the following emissions as if emitted directly by 

2 the generating unit: 

3 (i) The carbon dioxide emissions of 

4 the generating unit. 

5 (ii) With respect to the amount of 

6 carbon dioxide and methane emissions that 

7 occur during extraction, flaring, proc8 essing, transmission, and transportation of 

9 the fossil fuel— 

10 (I) the average amounts of car11 bon dioxide and methane emissions, in 

12 terms of carbon dioxide equivalent, as13 sociated with such fossil fuel in the 

14 United States; or 

15 (II) with respect to a generator 

16 that the Administrator determines 

17 under subparagraph (B) has dem18 onstrated that the fossil fuel con19 sumed by such generator is associated 

20 with the release of smaller amounts of 

21 carbon dioxide and methane emissions 

22 than the amounts described in sub23 clause (I), such smaller amounts. 

24 (B) DETERMINATION.— 


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1 (i) IN GENERAL.—In determining 

2 both the average amount of emissions asso3 ciated with a fossil fuel in the United 

4 States and the emissions of each gener5 ating unit using fossil fuel under subpara6 graph (A), the Administrator shall utilize 

7 the best available science, including with 

8 respect to the measurement of low-fre9 quency high-emission events, including 

10 data from the detection of natural gas flar11 ing from the satellite observations of the 

12 National Oceanic and Atmospheric Admin13 istration. 

14 (ii) DETERMINATION FACTORS.—The 

15 Administrator may determine that a gener16 ator has demonstrated that the fossil fuel 

17 consumed by such generator is associated 

18 with the release of smaller amounts of car19 bon dioxide and methane emissions than 

20 the amounts described in subparagraph 

21 (A)(ii)(I) if the demonstration— 

22 (I) relies on the detection of fugi23 tive and routine emissions from the 

24 applicable facilities through the use of 

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1 ated by one or more independent par2 ties; 

3 (II) relies on measurements that 

4 occur on a continuing basis and no 

5 less frequently than once per day; 

6 (III) relies on measurements that 

7 are capable of detecting methane 

8 emissions at least as small as one 

9 gram of methane per second; and 

10 (IV) accounts for low-frequency, 

11 high-emission events. 

12 (iii) PUBLIC AVAILABILITY.—The in13 formation provided to the Administrator by 

14 a generator to make a determination under 

15 this subparagraph shall be available to the 

16 public upon such determination. 

17 (C) STANDARDS.—The Administrator shall 

18 promulgate the standards for measurement nec19 essary to implement subparagraphs (A) and (B) 

20 not less than 2 years after the date of enact21 ment of this subtitle and shall update such 

22 standards every 5 years thereafter, based on the 

23 best available science and technology, including 

24 by increasing the level of frequency required 

25 under subparagraph (B)(i)(II) and decreasing 


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1 the lower detection limit required under sub2 paragraph (B)(i)(III). 

3 (3) HYDROPOWER UTILIZING A NEW RES4 ERVOIR.—In determining the carbon intensity of 

5 each generating unit using hydropower associated 

6 with a reservoir constructed after the date of enact7 ment of this Act, the Administrator shall account for 

8 the greenhouse gas emissions that can be attributed 

9 to the hydropower facility, including the applicable 

10 new reservoir. 

11 (e) QUANTITY OF CREDITS ISSUED FOR CERTAIN

12 CATEGORIES OF GENERATING UNITS.— 

13 (1) QUALIFIED COMBINED HEAT AND POWER

14 SYSTEMS.— 

15 (A) IN GENERAL.—The Administrator 

16 shall issue to a generator generating zero-emis17 sion electricity during a calendar year using a 

18 generating unit that is a qualified combined 

19 heat and power system a quantity of zero-emis20 sion electricity credits for such generation that 

21 is equal to— 

22 (i) the product obtained by multi23 plying— 

24 (I) the number of megawatt25 hours of electric energy generated by 


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1 the qualified combined heat and power 

2 system during such calendar year; by 

3 (II) the number that equals— 

4 (aa) 1.0; less 

5 (bb) the quotient obtained 

6 by dividing— 

7 (AA) the carbon inten8 sity of the qualified com9 bined heat and power sys10 tem; by 

11 (BB) the carbon inten12 sity factor; less 

13 (ii) the product obtained by multi14 plying— 

15 (I) the number of megawatt16 hours of electric energy generated by 

17 the qualified combined heat and power 

18 system that are consumed onsite dur19 ing such calendar year; by 

20 (II) the average of the minimum 

21 percentage of zero-emission electricity 

22 (as defined in section 202(a)(5)) for 

23 the calendar year for retail electricity 

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1 ator, as determined by the Adminis2 trator. 

3 (B) ADDITIONAL CREDITS.—In addition to 

4 zero-emission electricity credits issued under 

5 subparagraph (A), the Administrator shall issue 

6 to a generator described in subparagraph (A) 

7 zero-emission electricity credits for greenhouse 

8 gas emissions avoided as a result of the use of 

9 the applicable qualified combined heat and 

10 power system, rather than a separate thermal 

11 source, to meet the thermal needs of the gener12 ator or one or more additional entities. 

13 (C) APPLICABILITY.—This paragraph shall 

14 not apply with respect to a qualified combined 

15 heat and power system using qualified renew16 able biomass. 

17 (2) QUALIFIED RENEWABLE BIOMASS.—The 

18 Administrator shall issue to a generator generating 

19 zero-emission electricity during a calendar year 

20 using qualified renewable biomass a quantity of 

21 zero-emission electricity credits for such generation 

22 that is equal to the product obtained by multi23 plying— 


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1 (A) the qualified electricity generation of 

2 the generator using qualified renewable biomass 

3 during such calendar year; by 

4 (B) the average carbon intensity of the 

5 generating units of the generator that use 

6 qualified renewable biomass. 

7 (3) QUALIFIED WASTE-TO-ENERGY.—The Ad8 ministrator shall issue to a generator generating 

9 zero-emission electricity during a calendar year that 

10 is qualified waste-to-energy a quantity of zero-emis11 sion electricity credits for such generation that is 

12 equal to the product obtained by multiplying— 

13 (A) the qualified waste-to-energy of the 

14 generator that is qualified electricity generation 

15 during such calendar year; by 

16 (B) the average carbon intensity of the 

17 generating units of the generator used to gen18 erate qualified waste-to-energy. 

19 (4) QUALIFIED LOW-CARBON FUELS.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (C), the Administrator shall issue 

22 to a generator generating zero-emission elec23 tricity during a calendar year using qualified 

24 low-carbon fuels a quantity of zero-emission 


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1 electricity credits for such generation that is 

2 equal to the product obtained by multiplying— 

3 (i) the qualified electricity generation 

4 of the generator using qualified low-car5 bon-fuels during such calendar year; by 

6 (ii) the average carbon intensity of the 

7 generating units of the generator that use 

8 qualified low-carbon fuels. 

9 (B) ADJUSTMENT FOR PRODUCTION.—In 

10 determining the carbon intensity of each gener11 ating unit using a qualified low-carbon fuel, the 

12 Administrator shall account for the greenhouse 

13 gas emissions associated with the production of 

14 such qualified low-carbon fuel. 

15 (C) NO DOUBLE-COUNTING.—The Admin16 istrator shall not issue zero-emission electricity 

17 credits for electric energy generated using a 

18 qualified low-carbon fuel that is generated from 

19 electric energy for which a generator is issued 

20 a zero-emission electricity credit under this 

21 title. 

22 (5) CARBON CAPTURE, STORAGE, AND UTILIZA23 TION.— 

24 (A) DEFINITIONS.—In this paragraph, the 

25 term ‘‘qualified carbon oxide’’ has the meaning 


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1 given the term in section 45Q of the Internal 

2 Revenue Code of 1986. 

3 (B) QUANTITY OF CREDITS.—Except as 

4 otherwise provided in this section, the Adminis5 trator shall, with respect to a given calendar 

6 year, issue to a generator a quantity of zero7 emission electricity credits for the capture and 

8 storage or utilization of qualified carbon oxide 

9 from a waste stream of the generator that is 

10 equal to the product obtained by multiplying— 

11 (i) the qualified electricity generation 

12 of the generator during such calendar year; 

13 by 

14 (ii) the difference between— 

15 (I) 1.0; and 

16 (II) the quotient obtained by di17 viding— 

18 (aa) the carbon intensity of 

19 the generator; by 

20 (bb) the carbon intensity 

21 factor. 

22 (6) DIRECT AIR CAPTURE OF CARBON DIOX23 IDE.— 

24 (A) QUANTITY OF CREDITS.—The Admin25 istrator shall issue to an entity that captures 


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1 carbon dioxide from the atmosphere and stores 

2 or utilizes such carbon dioxide 1 zero-emission 

3 electricity credit for every 0.82 metric tons of 

4 carbon dioxide equivalent that is captured and 

5 stored or utilized. 

6 (B) SPECIAL RULES.— 

7 (i) REGULATIONS.—Subject to clause 

8 (ii), not later than 1 year after the date of 

9 enactment of this Act, the Administrator 

10 shall promulgate regulations establishing— 

11 (I) the conditions under which 

12 carbon dioxide may be safely and per13 manently stored for purposes of 

14 issuing zero-emission electricity cred15 its under this paragraph; 

16 (II) the methods and processes 

17 by which carbon dioxide may be uti18 lized in a manner that ensures the re19 moval of the carbon dioxide safely and 

20 permanently from the atmosphere, in21 cluding utilization in the production of 

22 substances, such as plastics and 

23 chemicals; and 

24 (III) requirements to account, in 

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1 its under this section, for the risk that 

2 some fraction of the carbon dioxide in3 tended for permanent storage or utili4 zation may nevertheless be emitted 

5 into the atmosphere. 

6 (ii) EXISTING REQUIREMENTS.—In 

7 promulgating regulations pursuant to this 

8 subparagraph, the Administrator shall in9 corporate any existing requirements for the 

10 permanent geologic storage of carbon diox11 ide, including any requirements promul12 gated under section 45Q of the Internal 

13 Revenue Code of 1986. 

14 (C) AVOIDING DOUBLE COUNTING.—The 

15 Administrator shall seek to ensure that direct 

16 air capture activities receiving a credit under 

17 this paragraph are not used for compliance with 

18 an obligation to reduce or avoid greenhouse gas 

19 emissions, or increase greenhouse gas seques20 tration, under another Federal, State, foreign, 

21 or international regulatory system. 

22 (f) MAXIMUM QUANTITY OF CREDITS.—Except as 

23 provided under subsection (e)(1), the total quantity of 

24 zero-emission electricity credits issued under this section 

25 to a generator for a calendar year shall not exceed the 


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1 number of megawatt-hours of the qualified electricity gen2 eration of the generator for the calendar year. 

3 (g) NO NEGATIVE CREDITS.—Notwithstanding any 

4 other provision of this title, the Administrator shall not 

5 issue a negative quantity of zero-emission electricity cred6 its to any generator. 

7 (h) FACILITIES OUTSIDE THE UNITED STATES.— 

8 With respect to electricity generated by a facility or gener9 ating unit that is located outside of the United States, 

10 a zero-emission electricity credit may be issued only with 

11 respect to electricity that is sold for resale in the United 

12 States. 

13 (i) CONTRACTS.—A zero-emission electricity credit 

14 issued for electricity that is— 

15 (1) sold for resale under a contract in effect on 

16 the date of enactment of this title shall be issued to 

17 the purchasing retail electricity supplier in propor18 tion to the zero-emission electricity purchased by 

19 such retail electricity supplier under the contract, 

20 unless otherwise provided by the contract; and 

21 (2) sold for resale under a contract in which a 

22 generating unit is not specified, shall be issued to 

23 the purchasing retail electricity supplier in propor24 tion to the ratio of zero-emission electricity genera25 tion from the generator making such sale for resale. 


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1 (j) FEDERAL POWER MARKETING ADMINISTRA2 TION.—A zero-emission electricity credit issued for elec3 tricity that is generated by a Federal Power Marketing 

4 Administration shall be conveyed to the retail electricity 

5 supplier that is purchasing the electricity. 

6 (k) LABOR STANDARDS REQUIREMENTS.— 

7 (1) CONSTRUCTION OF NEW GENERATING

8 UNITS.— 

9 (A) IN GENERAL.—The Administrator 

10 shall take such action as may be necessary to 

11 insure that all laborers and mechanics employed 

12 by contractors or subcontractors for the con13 struction of a generating unit shall be paid 

14 wages at rates not less than those prevailing for 

15 the same type of work on similar construction 

16 in the locality as determined by the Secretary 

17 of Labor in accordance with subchapter IV of 

18 chapter 31 of title 40, United States Code. 

19 With respect to the labor standards specified in 

20 this section, the Secretary of Labor shall have 

21 the authority and functions set forth in Reorga22 nization Plan Numbered 14 of 1950 (64 Stat. 

23 1267; 5 U.S.C. App.) and section 3145 of title 

24 40, United States Code. 


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1 (B) PROHIBITION.—Notwithstanding any2 thing to the contrary in this subtitle, the Ad3 ministrator shall not issue a zero-emission elec4 tricity credit for generation from a generating 

5 unit unless prevailing wages were paid for the 

6 construction of such generating unit as set 

7 forth in subparagraph (A). 

8 (C) APPLICABILITY.—This subsection ap9 plies to any generating unit the construction of 

10 which commences on or after six months after 

11 the date of enactment of this subtitle. 

12 (2) OPERATION AND MAINTENANCE OF GENER13 ATING UNITS.— 

14 (A) IN GENERAL.—Notwithstanding any15 thing to the contrary in this subtitle, the Ad16 ministrator shall not issue zero-emission elec17 tricity credits for generation from a generating 

18 unit unless the owner and operator of such gen19 erating unit, including all contractors and sub20 contractors, remains neutral with respect to the 

21 exercise of employees and labor organizations of 

22 the right to organize and bargain under the Na23 tional Labor Relations Act (29 U.S.C. 151 et 

24 seq.). 


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1 (B) PROHIBITION.—Notwithstanding any2 thing to the contrary in this subtitle, the Ad3 ministrator shall not issue a zero-emission elec4 tricity credit to a generator not in compliance 

5 with the requirements of this subsection. 

6 (3) RULEMAKING.—Not later than 18 months 

7 after the date of enactment of this subtitle, the Ad8 ministrator, after consultation with the Secretary of 

9 Labor, shall promulgate regulations implementing 

10 the requirements of this subsection, including provi11 sions for verification of ongoing compliance with 

12 such requirements. requiring adoption and compli13 ance with such labor standards as the Administrator 

14 determines appropriate in order for generators to re15 ceive the full amount of the zero-emission electricity 

16 credits for which they are otherwise eligible. 

17 (l) STUDY ON LINE LOSS.— 

18 (1) IN GENERAL.—The Administrator shall con19 duct a study to evaluate any potential need to ac20 count for the losses in electricity from transmission 

21 and storage between generating units and retail elec22 tricity suppliers. 

23 (2) REPORT TO CONGRESS.—The Administrator 

24 shall submit a report to the Committee on Energy 

25 and Commerce on the results of the study required 


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1 by this subsection by not later than September 30, 

2 2028. The report shall include an evaluation of the 

3 potential effect, if any, of any such losses on the re4 quirements of this subtitle to reach 100 percent 

5 zero-emission electricity by 2035. 

6 SEC. 205. CARBON MITIGATION FUND. 

7 (a) CARBON MITIGATION FUND.— 

8 (1) CREATION OF FUND.—There is hereby es9 tablished a trust fund, to be known as the ‘‘Carbon 

10 Mitigation Fund’’, consisting of such amounts as 

11 may be appropriated to such fund as provided in 

12 this section. 

13 (2) ADMINISTRATION.—The Carbon Mitigation 

14 Fund shall be administered by the Administrator. 

15 (3) TRANSFERS TO TRUST FUND.—There are 

16 hereby appropriated to the Carbon Mitigation Fund 

17 each year amounts equal to the sum of the amounts 

18 that are— 

19 (A) attributable to alternative compliance 

20 payments made pursuant to section 202(c); and 

21 (B) collected as a civil penalty under sec22 tion 209. 

23 (4) EXPENDITURES.—Amounts in the Carbon 

24 Mitigation Fund shall be available without further 


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1 appropriation or fiscal year limitation to carry out 

2 the program under subsection (b). 

3 (b) PROGRAM.— 

4 (1) IN GENERAL.—The Administrator shall 

5 carry out a program to award funds to entities to 

6 carry out activities in States that avoid emissions of 

7 greenhouse gases or remove carbon dioxide from the 

8 atmosphere. 

9 (2) ACTIVITIES.—Activities for which the Ad10 ministrator may award funds under the program 

11 carried out pursuant to this subsection include— 

12 (A) improvement to the energy efficiency 

13 of existing facilities and devices; 

14 (B) the replacement of natural gas space 

15 heaters, natural gas water heaters, and natural 

16 gas stoves, with electric appliances; 

17 (C) the replacement of fossil fuel-powered 

18 vehicles owned by State and local agencies with 

19 electric vehicles or other low-carbon fuel vehi20 cles; 

21 (D) the replacement of fossil fuel-powered 

22 ground airport and seaport vehicles with electric 

23 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; 

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; and 

12 (I) improvement to the electrical grid that 

13 facilitates increased zero-emission electricity 

14 generation or improves energy efficiency. 

15 (3) EXCLUSIONS.—The Administrator may not 

16 award funds to an entity under the program carried 

17 out pursuant to this subsection for any activity for 

18 which the entity has been issued a zero-emission 

19 electricity credit. 

20 (4) CRITERIA.—The Administrator may only 

21 award funds under the program carried out pursu22 ant to this subsection for an activity for which the 

23 Administrator determines that— 

24 (A) the amount of carbon dioxide emis25 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 Administrator 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 Administrator; 

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 Administrator in order to make a deter3 mination described in paragraph (4); and 

4 (F) provides any other certifications the 

5 Administrator determines appropriate. 

6 (6) DEADLINES.— 

7 (A) SOLICITATION.—Not later than Feb8 ruary 1, 2024, and each February 1 thereafter, 

9 the Administrator shall solicit proposals for ac10 tivities described in paragraph (1) for which the 

11 Administrator may award funds under the pro12 gram carried out pursuant to this subsection. 

13 (B) IDENTIFICATION.—Not later than 

14 June 1, 2024, and each June 1 thereafter, the 

15 Administrator 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 Administrator 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 Administrator shall award funds to enti5 ties for activities described in proposals identified 

6 under 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 Administrator shall con16 sult with the Secretary of the Interior and the Secretary 

17 of Agriculture in promulgating regulations to measure, 

18 monitor, and verify any natural sequestration activities 

19 awarded under this section. 

20 SEC. 206. STATE PROGRAMS. 

21 (a) SAVINGS PROVISION.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), nothing in this subtitle affects the author24 ity of a State or a political subdivision of a State to 

25 adopt or enforce any law or regulation relating to— 


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1 (A) clean energy or renewable energy; 

2 (B) the regulation of a retail electricity 

3 supplier; or 

4 (C) greenhouse gas emissions 

5 (2) FEDERAL LAW.—No law or regulation of a 

6 State or a political subdivision of a State may relieve 

7 a retail electricity supplier from compliance with an 

8 applicable requirement of this title. 

9 (b) COORDINATION.—The Administrator, in con10 sultation with States that have clean energy programs or 

11 renewable energy programs in effect, shall facilitate, to the 

12 maximum extent practicable, coordination between the im13 plementation of this subtitle and the relevant State clean 

14 energy program or renewable energy program. 

15 (c) MORE STRINGENT STATE CLEAN ENERGY PRO16 GRAMS.— 

17 (1) DETERMINATION.— 

18 (A) IN GENERAL.—The Administrator, in 

19 consultation with States that have State clean 

20 energy programs or renewable energy programs 

21 in effect, shall determine whether each such 

22 State is implementing a more stringent State 

23 clean energy program. 


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1 (B) DEADLINES.—The Administrator shall 

2 make a determination under subparagraph 

3 (A)— 

4 (i) not later than January 1, 2022, 

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 Adminis21 trator makes a subsequent determination 

22 under this paragraph with respect to the 

23 applicable State program. 

24 (2) DEEMED COMPLIANCE.—If the Adminis25 trator determines, under paragraph (1), that a State 


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1 has a more stringent State clean energy program, a 

2 retail electricity supplier that is subject to and in 

3 compliance with such more stringent State clean en4 ergy program shall be deemed to be in compliance 

5 with the requirements of this title for the period 

6 during which the determination is effective. 

7 (3) PROHIBITION AGAINST DOUBLE-COUNT8 ING.—The Administrator, in consultation with 

9 States implementing a more stringent State clean 

10 energy program, shall promulgate regulations pro11 hibiting the issuance of a zero-emission electricity 

12 credit under this subtitle for an amount of electric 

13 energy for which one or more State clean energy 

14 credits are issued under, and used for compliance 

15 with, a more stringent State clean energy program. 

16 (d) QUALIFIED ELECTRICITY GENERATION ELIGI17 BLE IN BOTH STATE AND FEDERAL PROGRAMS.—The 

18 Administrator shall not refuse to issue or accept submis19 sion of a zero-emission electricity credit because the same 

20 megawatt-hour of zero-emission electricity associated with 

21 such credit is also used for compliance with a State law 

22 in a State that does not have a more stringent State clean 

23 energy program. 

24 (e) DEFINITIONS.—In this section: 


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1 (1) STATE CLEAN ENERGY CREDIT.—The term 

2 ‘‘State clean energy credit’’ means a certificate cor3 responding to the electricity generated from renew4 able or other zero-emission electricity sources that is 

5 issued under a law enacted by a State. 

6 (2) MORE STRINGENT STATE CLEAN ENERGY

7 PROGRAM.—The term ‘‘more stringent State clean 

8 energy program’’ means a law of a State that— 

9 (A) is demonstrated to the satisfaction of 

10 the Administrator to result in a greater per11 centage of qualified energy deployment than 

12 would be achieved in the State under this sub13 title over a 5-year period; and 

14 (B) includes compliance mechanisms, in15 cluding the imposition of penalties, that are at 

16 least as effective in enforcing compliance as the 

17 system of enforcement under this title. 

18 SEC. 207. REPORT TO CONGRESS. 

19 Not later than January 1, 2034, the Administrator 

20 shall submit a report to Congress with an evaluation and 

21 a forecast of the remaining barriers to achieving 100 per22 cent generation of electric energy with no emissions of car23 bon dioxide by calendar year 2035. 


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1 SEC. 208. INFORMATION COLLECTION. 

2 The Administrator may require any retail electricity 

3 supplier, generator, or other entity that the Administrator 

4 determines appropriate, to submit to the Administrator 

5 any information the Administrator determines to be ap6 propriate to carry out this subtitle. 

7 SEC. 209. CIVIL PENALTIES. 

8 (a) IN GENERAL.—Subject to subsection (b)— 

9 (1) a retail electricity supplier that fails to meet 

10 the requirements of section 202 shall be subject to 

11 a civil penalty in an amount equal to the product ob12 tained by multiplying— 

13 (A) the aggregate quantity of zero-emis14 sion electricity credits that the retail electricity 

15 supplier failed to submit for the calendar year 

16 to comply with section 202; by 

17 (B) 300 percent of the amount of alter18 native compliance payment for the calendar 

19 year, as determined under section 202(c); and 

20 (2) an entity required to submit information 

21 pursuant to section 208 that violates such section by 

22 failing to submit the information, or submitting false 

23 or misleading information, shall be subject to a civil 

24 penalty of $25,000 for each day during which such 

25 violation continues. 

26 (b) WAIVERS AND MITIGATION.— 


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1 (1) FORCE MAJEURE.—The Administrator may 

2 mitigate or waive a civil penalty under subsection (a) 

3 if the applicable retail electricity supplier or other 

4 entity was unable to comply with an applicable re5 quirement for reasons outside of the reasonable con6 trol of the retail electricity supplier or other entity. 

7 (2) REDUCTION FOR STATE PENALTIES.—The 

8 Administrator shall reduce the amount of a penalty 

9 determined under subsection (a) by the amount paid 

10 by the applicable retail electricity supplier to a State 

11 for failure to comply with the requirement of a State 

12 clean energy program, if the State requirement is 

13 more stringent than the applicable requirement of 

14 this title. 

15 (c) PROCEDURE FOR ASSESSING PENALTY.—The 

16 Administrator shall assess a civil penalty under this sec17 tion in accordance with section 113(d) of the Clean Air 

18 Act (42 U.S.C. 7413(d)). 

19 SEC. 210. REGULATIONS. 

20 Except as otherwise provided in this subtitle, not 

21 later than 2 years after the date of enactment of this sub22 title, the Administrator shall promulgate regulations to 

23 implement this subtitle. 


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1 Subtitle B—Federal Energy 

2 Regulatory Reform 

3 PART 1—ELECTRICITY TRANSMISSION 

4 SEC. 211. NATIONAL POLICY ON TRANSMISSION. 

5 It is the policy of the United States that— 

6 (1) the planning, siting, permitting, and oper7 ation of a modernized and integrated bulk electricity 

8 transmission system should facilitate a reliable, resil9 ient, and decarbonized electricity supply and enable 

10 national greenhouse gas emissions reductions; 

11 (2) electric grid system planning should take 

12 into account all significant demand-side and supply13 side options, including energy efficiency, distributed 

14 and localized electricity generation, smart grid tech15 nologies and practices, demand response, energy 

16 storage, advanced transmission technologies that in17 crease capacity or efficiency of existing transmission 

18 facilities, voltage regulation technologies, high capac19 ity conductor and superconductor technologies, un20 derground transmission technologies, and new con21 ventional electric transmission capacity and cor22 ridors; 

23 (3) the public interest is served by overcoming 

24 regulatory and jurisdictional barriers to coordinated 

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1 tric grid system that enable deployment of cost-effec2 tive clean energy resources; and 

3 (4) the Federal Government, through the De4 partment of Energy, the Federal Energy Regulatory 

5 Commission, and other relevant agencies, and the 

6 national laboratories, should facilitate and advance 

7 cost-effective investments in the Nation’s electric 

8 grid system, including the bulk electricity trans9 mission system, to enhance reliability, resiliency, and 

10 access to clean energy resources by— 

11 (A) accounting for a broad range of quan12 tifiable benefits, including reduction in delivered 

13 cost of energy, improved reliability and resil14 ience, reduced emissions of criteria air pollut15 ants, and contribution to decarbonizing the 

16 electric sector; 

17 (B) promoting cost allocation methodolo18 gies that transparently allocate costs based on 

19 accrued benefits and that account for broad and 

20 varied benefits offered by interregional and re21 gional transmission solutions; and 

22 (C) prioritizing regional and interregional 

23 projects that provide access to demand for clean 

24 energy resources. 


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1 SEC. 212. REVIEW OF THE EFFECTIVENESS OF POLICIES 

2 AND INCENTIVES TO ENCOURAGE DEPLOY3 MENT OF ADVANCED TRANSMISSION TECH4 NOLOGIES. 

5 Not later than 1 year after the date of enactment 

6 of this Act, the Federal Energy Regulatory Commission 

7 shall carry out a review of, and submit to Congress a re8 port— 

9 (1) describing its progress, pursuant to the rule 

10 issued under section 219 of the Federal Power Act 

11 (16 U.S.C. 824s), in encouraging deployment of 

12 transmission technologies and other measures, in13 cluding dynamic line ratings, flow control devices, 

14 and network topology optimization, to increase the 

15 capacity and efficiency of existing transmission fa16 cilities and improve the operation of the facilities; 

17 and 

18 (2) that includes an evaluation of how such 

19 rule, and any other applicable rule or policy of the 

20 Commission, could be modified to encourage greater 

21 deployment of such transmission technologies and 

22 other measures. 


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1 SEC. 213. SITING OF INTERSTATE ELECTRIC TRANSMISSION 

2 FACILITIES. 

3 (a) DESIGNATION OF NATIONAL INTEREST ELEC4 TRIC TRANSMISSION CORRIDORS.—Section 216(a) of the 

5 Federal Power Act (16 U.S.C. 824p(a)) is amended— 

6 (1) in the heading, by striking ‘‘DESIGNATION

7 OF NATIONAL INTEREST ELECTRIC TRANSMISSION

8 CORRIDORS’’ and inserting ‘‘DESIGNATION OF HIGH

9 PRIORITY INTERSTATE TRANSMISSION CORRIDORS’’; 

10 (2) in paragraph (1)— 

11 (A) by striking ‘‘the date of enactment of 

12 this section’’ and inserting ‘‘the date of enact13 ment of the CLEAN Future Act,’’; and 

14 (B) by striking ‘‘congestion’’ and inserting 

15 ‘‘congestion, with a particular focus on the inte16 gration of renewable energy resources’’; 

17 (3) in paragraph (2)— 

18 (A) by striking ‘‘issue a report’’ and insert19 ing ‘‘, at least once every 3 years, issue a re20 port’’; 

21 (B) by striking ‘‘designate’’ and inserting 

22 ‘‘designate as a high priority interstate trans23 mission corridor’’; and 

24 (C) by striking ‘‘experiencing electric en25 ergy transmission capacity constraints or con26 gestion that adversely affects consumers as a 


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1 national interest electric transmission corridor.’’ 

2 and inserting the following: ‘‘that— 

3 ‘‘(A) is experiencing electric energy trans4 mission capacity constraints or congestion that ad5 versely affects consumers; or 

6 ‘‘(B) could be used to improve the integration 

7 of renewable energy resources.’’; 

8 (4) in paragraph (4)— 

9 (A) by striking ‘‘national interest electric 

10 transmission corridor’’ and inserting ‘‘high pri11 ority interstate transmission corridor’’; 

12 (B) in subparagraph (D), by striking the 

13 ‘‘and’’ at the end; 

14 (C) in subparagraph (E), by striking ‘‘se15 curity.’’ and inserting ‘‘security;’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(F) the designation would improve the integra18 tion of renewable energy resources; and 

19 ‘‘(G) the designation would result in a reduction 

20 in the cost to purchase electric energy for con21 sumers.’’; and 

22 (5) by adding at the end the following: 

23 ‘‘(5) In determining the boundary of a geographic 

24 area to be designated as a high priority interstate trans25 mission corridor under paragraph (2), the Commission 


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1 shall only designate the smallest geographic area pos2 sible.’’. 

3 (b) CONSTRUCTION PERMIT.—Section 216(b) of the 

4 Federal Power Act (16 U.S.C. 824p(b)) is amended to 

5 read as follows: 

6 ‘‘(b) CONSTRUCTION PERMIT.—The Commission 

7 may, after notice and an opportunity for hearing, issue 

8 one or more permits for the construction or modification 

9 of electric transmission facilities in a high priority inter10 state transmission corridor designated by the Secretary 

11 under subsection (a) if the Commission finds that— 

12 ‘‘(1)(A) a State in which the transmission fa13 cilities are to be constructed or modified does not 

14 have authority to— 

15 ‘‘(i) approve the siting of the facilities; or 

16 ‘‘(ii) consider the interstate benefits ex17 pected to be achieved by the proposed construc18 tion or modification of transmission facilities in 

19 the State; 

20 ‘‘(B) the applicant for a permit is a transmit21 ting utility under this Act but does not qualify to 

22 apply for a permit or siting approval for the pro23 posed project in a State because the applicant does 

24 not serve end-use customers in the State; or 


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1 ‘‘(C) a State commission or other entity that 

2 has authority to approve the siting of the facilities 

3 has— 

4 ‘‘(i) not approved or denied an application 

5 seeking approval pursuant to applicable law by 

6 the date that is 1 year after the filing of the 

7 application or 1 year after the designation of 

8 the relevant high priority interstate trans9 mission corridor, whichever is later; 

10 ‘‘(ii) conditioned its approval in such a 

11 manner that the proposed construction or modi12 fication will not significantly reduce trans13 mission congestion in interstate commerce or is 

14 not economically feasible; or 

15 ‘‘(iii) denied an application seeking ap16 proval pursuant to applicable law; and 

17 ‘‘(2) the applicant for a permit sufficiently con18 sidered using a non-transmission alternative (as de19 fined in section 224) for purposes of addressing the 

20 needs of the proposed electric transmission facility.’’. 

21 (c) COORDINATION OF FEDERAL AUTHORIZATIONS

22 FOR TRANSMISSION FACILITIES.—Section 216(h) of the 

23 Federal Power Act (16 U.S.C. 824p(h)) is amended— 


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1 (1) in paragraph (7)(B)(i), by striking ‘‘date of 

2 enactment of this section’’ and inserting ‘‘date of en3 actment of the CLEAN Future Act’’; and 

4 (2) in paragraph (7)(A), by striking ‘‘this sec5 tion’’ and inserting ‘‘the CLEAN Future Act’’. 

6 (d) INTERSTATE COMPACTS.—Subsection (i)(4) of 

7 section 216 of the Federal Power Act (16 U.S.C. 824p) 

8 is amended by striking ‘‘the members of the compact are 

9 in disagreement and the Secretary makes, after notice and 

10 an opportunity for a hearing, the finding described in sub11 section (b)(1)(C)’’ and inserting ‘‘the Secretary finds that 

12 the members of the compact are in disagreement after the 

13 date that is 1 year after the filing of an application for 

14 the facility or 1 year after the designation of the relevant 

15 high priority interstate transmission corridor, whichever is 

16 later’’. 

17 SEC. 214. NON-TRANSMISSION ALTERNATIVES. 

18 Part II of the Federal Power Act (16 U.S.C. 824 et 

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

20 ‘‘SEC. 224. NON-TRANSMISSION ALTERNATIVES. 

21 ‘‘(a) IN GENERAL.—In carrying out sections 205 and 

22 206, the Commission— 

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1 poses of permitting cost recovery through trans2 mission rates; and 

3 ‘‘(2) shall allow costs associated with non-trans4 mission alternatives to be included in transmission 

5 rates and subject to regional cost allocation. 

6 ‘‘(b) IMPLEMENTATION.—In implementing this sec7 tion, the Commission shall ensure that any cost allocation 

8 provisions for non-transmission alternatives are just and 

9 reasonable, including by prohibiting any double-recovery 

10 of costs. 

11 ‘‘(c) NON-TRANSMISSION ALTERNATIVE DEFINED.— 

12 In this section, the term ‘non-transmission alternative’— 

13 ‘‘(1) means a resource that— 

14 ‘‘(A) defers or eliminates the need for new 

15 transmission facilities; and 

16 ‘‘(B) does not provide transmission service; 

17 ‘‘(2) includes— 

18 ‘‘(A) an electric storage device, if used as 

19 a replacement for transmission service; 

20 ‘‘(B) energy efficiency; and 

21 ‘‘(C) demand response; and 

22 ‘‘(3) does not include traditional generation re23 sources.’’. 


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1 SEC. 215. OFFICE OF TRANSMISSION. 

2 Part III of the Federal Power Act (16 U.S.C. 825 

3 et seq.) is amended by inserting after section 317 the fol4 lowing: 

5 ‘‘SEC. 318. OFFICE OF TRANSMISSION. 

6 ‘‘(a) ESTABLISHMENT.—There shall be established in 

7 the Commission an office to be known as the Office of 

8 Transmission. 

9 ‘‘(b) DIRECTOR.—The Office of Transmission shall 

10 be administered by a Director who shall be appointed by 

11 the Chairman of the Commission with approval by the 

12 Commission. 

13 ‘‘(c) DUTIES.—The Director shall— 

14 ‘‘(1) review transmission plans submitted by 

15 public utilities in accordance with the regional and 

16 interregional transmission planning processes estab17 lished pursuant to section 206; 

18 ‘‘(2) coordinate all transmission-related matters 

19 of the Commission, as the Commission determines 

20 appropriate; and 

21 ‘‘(3) carry out the responsibilities of the Com22 mission under section 216, in coordination with the 

23 Office of Energy Projects of the Commission.’’. 

24 SEC. 216. IDENTIFYING REGIONAL TRANSMISSION NEEDS. 

25 (a) TECHNICAL CONFERENCE.— 


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1 (1) IN GENERAL.—Not later than 9 months 

2 after the date of enactment of this section, the Com3 mission shall convene a technical conference to 

4 evaluate how regional transmission planning needs 

5 are identified in regional transmission planning 

6 processes. 

7 (2) PARTICIPATION.—The technical conference 

8 shall be led by the members of the Commission, and 

9 the Commission shall invite participation from rep10 resentatives of ratepayers and such other entities as 

11 the Commission determines appropriate. 

12 (3) TOPICS.—The following topics shall be con13 sidered during the technical conference: 

14 (A) How to improve the transparency of 

15 the identification of transmission planning 

16 needs. 

17 (B) How to increase stakeholder input in 

18 the identification of transmission planning 

19 needs. 

20 (C) How to update methodologies that are 

21 used to identify transmission planning needs for 

22 purposes of— 

23 (i) ensuring that such needs may lead 

24 to solutions that recognize the multiple 

25 benefits of a proposed solution, such as 


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1 economic, reliability, and public policy2 based benefits; and 

3 (ii) using scenario-based forecasting 

4 to accurately predict future transmission 

5 planning needs. 

6 (D) How to ensure that— 

7 (i) unnecessary transmission facilities 

8 are not selected in regional transmission 

9 planning processes; and 

10 (ii) more efficient or cost-effective 

11 transmission solutions are selected in re12 gional transmission planning processes. 

13 (4) PUBLIC COMMENT.—The Commission shall 

14 provide an opportunity for public comment on the 

15 technical conference. 

16 (b) RULEMAKING.—Not later than 1 year after the 

17 conclusion of the technical conference, the Commission 

18 shall publish in the Federal Register a rule, in accordance 

19 with section 206 of the Federal Power Act (16 U.S.C. 

20 824e), that requires transmission providers to— 

21 (1) increase transparency in the identification 

22 of transmission planning needs; 

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1 viding more accurate forecasting of expected trans2 mission planning needs; and 

3 (3) update their methodologies to ensure that 

4 the identification of transmission planning needs in 

5 regional planning processes may lead to solutions 

6 that recognize the multiple benefits of a proposed so7 lution, such as economic, reliability, and public pol8 icy-based benefits. 

9 (c) DEFINITIONS.—In this section: 

10 (1) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Energy Regulatory Commission. 

12 (2) TRANSMISSION PROVIDER.—The term 

13 ‘‘transmission provider’’ means a public utility (as 

14 defined in section 201 of the Federal Power Act (16 

15 U.S.C. 824)) that owns, operates, or controls facili16 ties used for the transmission of electric energy in 

17 interstate commerce. 

18 SEC. 217. INTERREGIONAL TRANSMISSION PLANNING. 

19 (a) TECHNICAL CONFERENCE.— 

20 (1) IN GENERAL.—Not later than 6 months 

21 after the date of enactment of this section, the Fed22 eral Energy Regulatory Commission shall convene a 

23 technical conference to consider how to develop an 

24 interregional transmission planning process. 


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1 (2) PARTICIPATION.—The technical conference 

2 shall be led by the members of the Commission, and 

3 the Commission shall invite participation from rep4 resentatives of ratepayers and such other entities as 

5 the Commission determines appropriate. 

6 (3) TOPICS.—The following topics shall be con7 sidered during the technical conference: 

8 (A) How transmission providers in adja9 cent transmission planning regions can plan for 

10 interregional transmission projects. 

11 (B) How an interregional planning process 

12 will provide for the evaluation and facilitation 

13 of the integration of renewable energy re14 sources, particularly those located far away 

15 from load centers. 

16 (C) Cost allocation for interregional trans17 mission projects, including whether public fund18 ing should affect the cost allocation of an inter19 regional transmission project receiving such 

20 funding, and if so, what the effect should be. 

21 (D) How interregional transmission 

22 projects that address public policy needs in the 

23 applicable regions could be facilitated by an 

24 interregional transmission planning process. 


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1 (E) Whether transmission providers in 

2 transmission planning regions should be re3 quired to develop similar or identical processes 

4 for evaluating the benefits of proposed inter5 regional transmission projects. 

6 (F) Any effects an interregional trans7 mission planning process would have on existing 

8 local and regional transmission planning proc9 esses. 

10 (4) PUBLIC COMMENT.—The Commission shall 

11 provide an opportunity for public comment on the 

12 technical conference. 

13 (b) RULEMAKING.—Not later than 18 months after 

14 the conclusion of the technical conference, the Commission 

15 shall publish in the Federal Register a rule, in accordance 

16 with section 206 of the Federal Power Act (16 U.S.C. 

17 824e), that requires transmission providers to— 

18 (1) engage in formalized interregional trans19 mission planning processes, which shall include the 

20 development of cost allocation methodologies in ac21 cordance with guidelines developed by the Commis22 sion; and 

23 (2) consider reduced costs of electric energy to 

24 customers and the integration of renewable energy 


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1 resources as benefits for interregional transmission 

2 planning purposes. 

3 (c) DEFINITIONS.—In this section: 

4 (1) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Energy Regulatory Commission. 

6 (2) INTERREGIONAL TRANSMISSION PLANNING

7 PROCESS.—The term ‘‘interregional transmission 

8 planning process’’ means a process to evaluate elec9 tric energy transmission needs jointly by trans10 mission providers in two or more adjacent trans11 mission planning regions. 

12 (3) INTERREGIONAL TRANSMISSION PROJECT.— 

13 The term ‘‘interregional transmission project’’ 

14 means an interregional project for facilities used for 

15 the transmission of electric energy in interstate com16 merce. 

17 (4) TRANSMISSION PLANNING REGION.—The 

18 term ‘‘transmission planning region’’ means a region 

19 for which electric energy transmission planning is 

20 appropriate, as determined by the Commission. 

21 (5) TRANSMISSION PROVIDER.—The term 

22 ‘‘transmission provider’’ means a public utility (as 

23 defined in section 201 of the Federal Power Act (16 

24 U.S.C. 824)) that owns, operates, or controls faciliVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ties used for the transmission of electric energy in 

2 interstate commerce. 

3 SEC. 218. TRANSMISSION SITING ASSISTANCE PROGRAM. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COVERED TRANSMISSION PROJECT.—The 

6 term ‘‘covered transmission project’’ means a high7 voltage interstate electricity transmission line, pro8 posed to be constructed and to operate at a min9 imum of 300 kilovolts of either alternating-current 

10 or direct-current electric energy, with respect to 

11 which a notice of intent to apply for authorization 

12 under State, local, or Tribal law has been filed with 

13 the applicable siting authority. 

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

15 the Secretary of Energy. 

16 (3) SITING AUTHORITY.—The term ‘‘siting au17 thority’’ means a State, local, or Tribal govern18 mental entity with authority to make a final deter19 mination regarding the siting, permitting, or regu20 latory status of a covered transmission project pro21 posed to be located in an area under the jurisdiction 

22 of the entity. 

23 (b) ESTABLISHMENT.—Not later than 90 days after 

24 the date of enactment of this Act, the Secretary shall es25 tablish a program to provide assistance to siting authoriVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ties for the evaluation of, and decisionmaking process for, 

2 applications relating to the siting or permitting of covered 

3 transmission projects. 

4 (c) TYPES OF ASSISTANCE.— 

5 (1) GRANTS.— 

6 (A) IN GENERAL.—The Secretary may, 

7 upon request, provide a grant to a siting au8 thority for any of the following: 

9 (i) Studies and analyses of the envi10 ronmental, reliability, wildlife, cultural, his11 torical, water, land-use, and employment, 

12 tax-revenue, market, cost, rate regulation, 

13 and other economic impacts of the covered 

14 transmission project, including— 

15 (I) assessing the economic bene16 fits and development effects of the 

17 transmission capacity of the covered 

18 transmission project; and 

19 (II) identifying the public health 

20 benefits of substituting clean elec21 tricity for fossil-fired generation that 

22 creates ozone, particulates, nitrous ox23 ides, and greenhouse gases, often in 

24 low-income areas. 


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1 (ii) Participation by the siting author2 ity in regulatory proceedings or negotia3 tions in another jurisdiction or under the 

4 auspices of a transmission organization (as 

5 defined in section 215 of the Federal 

6 Power Act (16 U.S.C. 824o)) that is also 

7 considering the siting or permitting of the 

8 same covered transmission project. 

9 (iii) Participation by the siting au10 thority in regulatory proceedings at the 

11 Federal Energy Regulatory Commission or 

12 a State regulatory commission determining 

13 applicable rates and cost allocation for the 

14 covered transmission project. 

15 (iv) The costs of the siting authority 

16 of scheduling and conducting public hear17 ings and meetings to present plans and re18 lated analysis, take comments, and foster 

19 greater public awareness of the benefits 

20 and costs of the covered transmission 

21 project (including with respect to any pro22 posed siting alternatives). 

23 (B) AMOUNTS.—In providing a grant to a 

24 siting authority under subparagraph (A), the 


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1 Secretary may provide amounts of not more 

2 than— 

3 (i) 80 percent of the costs of studies 

4 and analyses under subparagraph (A)(i) 

5 that are commissioned by the siting au6 thority to be carried out by another entity; 

7 (ii) 50 percent of the costs of studies 

8 and analyses under subparagraph (A)(i) 

9 that are carried out by the siting author10 ity; 

11 (iii) 50 percent of the costs to the 

12 siting authority of participation described 

13 in subparagraph (A)(ii); 

14 (iv) 80 percent of the costs to the 

15 siting authority of participation described 

16 in subparagraph (A)(iii); and 

17 (v) 50 percent of the costs described 

18 in subparagraph (A)(iv). 

19 (C) DEADLINE FOR CERTAIN STUDIES.— 

20 The Secretary shall provide a grant under sub21 paragraph (A)(i) on the condition that any 

22 study carried out pursuant to such subpara23 graph is completed within one year of being 

24 commissioned, or commenced by, the siting au25 thority. 


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1 (2) OTHER ASSISTANCE.—The Secretary may, 

2 upon request, provide direct assistance to a siting 

3 authority in the form of: 

4 (A) Examination of up to three alternate 

5 siting corridors within which the covered trans6 mission project feasibly could be sited. 

7 (B) Related scientific, technical, and eco8 nomic analyses, to be performed at the national 

9 laboratories of the Department of Energy. 

10 (C) Hosting and facilitation (including by 

11 providing services of expert Department of En12 ergy personnel or neutral arbitrators) of nego13 tiations in settlement meetings involving the 

14 siting authority, the covered transmission 

15 project applicant and other proponents of the 

16 project, siting authorities from other jurisdic17 tions considering the same covered transmission 

18 project, and opponents of the covered trans19 mission project, for the purpose of identifying 

20 and addressing issues that are preventing ap21 proval of the application relating to the siting 

22 or permitting of the covered transmission 

23 project. 

24 (D) Other measures and actions that may 

25 improve the chances of, and shorten the time 


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1 required for, approval by the siting authority of 

2 the application relating to the siting or permit3 ting of the covered transmission project, as the 

4 Secretary determines appropriate. 

5 (d) CONDITIONS.—As a condition of receiving assist6 ance under this section, the Secretary shall require a siting 

7 authority to agree, in writing— 

8 (1) to reach a final decision on the application 

9 relating to the siting or permitting of the covered 

10 transmission project not later than two years after 

11 the date on which such assistance is first provided, 

12 unless the Secretary grants an extension for good 

13 cause; 

14 (2) to review, consider, and conduct any nego15 tiations regarding the application relating to the 

16 siting or permitting of the covered transmission 

17 project (including with respect to any proposed 

18 siting alternatives) in good faith and in accordance 

19 with a published decision process and schedule; 

20 (3) to objectively and rationally weigh the re21 sults of all analyses, evidence, and inputs, and not 

22 deny the application relating to the siting or permit23 ting of the covered transmission project without 

24 finding compelling evidence that the negative im25 pacts of the covered transmission project (including 


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1 with respect to any proposed siting alternatives) are 

2 greater than its benefits; 

3 (4) in evaluating the impacts, costs, and bene4 fits of the covered transmission project, to not ex5 clude demonstrable regional and national impacts, 

6 costs, and benefits that will be experienced within 

7 and beyond the area over which the siting authority 

8 has jurisdiction; 

9 (5) in evaluating the costs of the covered trans10 mission project, to not deny the application relating 

11 to the siting or permitting of the covered trans12 mission project based on an unfair allocation of 

13 costs to those within the area over which the siting 

14 authority has jurisdiction, except that the siting au15 thority may condition its approval on a fair and fea16 sible allocation of those costs within and beyond the 

17 area over which the siting authority has jurisdiction, 

18 as determined by the siting authority; 

19 (6) to transparently share, upon request, all in20 formation, analyses, and other inputs obtained pur21 suant to this section, except for any business-con22 fidential information, with all parties, other siting 

23 authorities considering the same covered trans24 mission project, and the public; 


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1 (7) to not demand funds from the applicant to 

2 cover the costs of any analysis, information, or sup3 port that it has received from the Secretary; 

4 (8) to provide to the Secretary a full written ex5 planation of any preliminary decision regarding the 

6 application relating to the siting or permitting of the 

7 covered transmission project, including the informa8 tion the siting authority found to be dispositive, and 

9 to entertain petitions for review, rehearing, or cor10 rection of the preliminary decision before making a 

11 final decision; and 

12 (9) if a covered transmission project is finally 

13 approved by two or more siting authorities for other 

14 areas, each of which agrees to accept a greater allo15 cation of the project costs on a per-mile and per16 resident basis than is proposed for area under the 

17 jurisdiction of the siting authority receiving assist18 ance under this section, to engage in binding arbi19 tration to determine a final decision on siting and 

20 permitting the covered transmission project within 

21 the area under its own jurisdiction. 

22 (e) ARBITRATION.—If a siting authority receiving as23 sistance under this section enters into binding arbitration 

24 under subsection (d)(9), the siting authority shall select 

25 an expert arbitrator who will meet with a second expert 


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1 arbitrator selected by the siting authorities from other ju2 risdictions, the two arbitrators then agreeing on the selec3 tion of a third expert arbitrator, with all three considering 

4 the options and reaching by majority a conclusion on the 

5 best option to allow the project to proceed in the least6 impact but still feasible manner. 

7 (f) INCENTIVES.—The Secretary may provide eco8 nomic incentives for climate solutions to a siting authority 

9 receiving assistance under this section that makes a final 

10 decision approving the relevant application by the deadline 

11 required under subsection (d)(1). 

12 (g) OUTREACH.—The Secretary shall notify siting 

13 authorities of the availability of assistance under this sec14 tion. 

15 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to carry 

17 out this section $75,000,000 for each of fiscal years 2022 

18 through 2031, to remain available until expended. 

19 PART 2—PUBLIC INTEREST AND ENERGY 

20 MARKET REFORMS 

21 SEC. 220. MARKET BARRIERS TO CLEAN ENERGY DEVELOP22 MENT. 

23 (a) CARBON PRICING.—The Federal Energy Regu24 latory Commission may approve a carbon pricing regime 

25 that reflects the externalities associated with greenhouse 


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1 gas emissions, to be used in setting rates and charges 

2 under sections 205 and 206 of the Federal Power Act. 

3 (b) RIGHT TO CLEAN ENERGY.—Notwithstanding 

4 section 212(h) of the Federal Power Act, no State may 

5 establish or enforce any law or regulation that prohibits 

6 or unreasonably burdens the purchase of clean electricity 

7 in interstate commerce by an ultimate consumer. Nothing 

8 in this subsection may be construed to affect any contract 

9 in effect on the date of enactment of this section. 

10 (c) MANDATORY INTERCONNECTION AND COORDINA11 TION OF FACILITIES.—Section 202(a) of the Federal 

12 Power Act (16 U.S.C. 824a(a)) is amended— 

13 (1) by striking ‘‘voluntary’’; and 

14 (2) by adding at the end the following: ‘‘The 

15 Commission shall require each public utility to place 

16 its transmission facilities under the control of an 

17 ISO or an RTO not later than two years after the 

18 date of enactment of the CLEAN Future Act.’’. 

19 SEC. 220A. OFFICE OF PUBLIC PARTICIPATION. 

20 Section 319 of the Federal Power Act (16 U.S.C. 

21 825q–1) is amended— 

22 (1) in subsection (a)(1), by inserting ‘‘, to fa23 cilitate communication with the public relating to, 

24 and participation by the public in, matters under the 

25 jurisdiction of the Commission, including under this 


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1 Act and the Natural Gas Act’’ before the period at 

2 the end; 

3 (2) in subsection (b), by striking paragraph (4) 

4 and inserting the following: 

5 ‘‘(4) The Office shall promote, through outreach, 

6 publications, and, as appropriate, direct communication 

7 with entities regulated by the Commission— 

8 ‘‘(A) improved compliance with rules and orders 

9 of the Commission; and 

10 ‘‘(B) public participation in matters before the 

11 Commission. 

12 ‘‘(5) The Director may assign staff to intervene, ap13 pear, and participate in administrative, regulatory, or ju14 dicial proceedings on behalf of individuals or entities inter15 vening or participating, or proposing to intervene or par16 ticipate, in proceedings before the Commission by rep17 resenting the interests of such individuals or entities on 

18 any matter before the Commission. 

19 ‘‘(6) The Office shall advocate for, and act as a liai20 son with, environmental justice communities (as defined 

21 in section 601 of the CLEAN Future Act) on matters 

22 under the jurisdiction of the Commission.’’; and 

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


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1 ‘‘(c) FUNDING.—Funding for the Office shall be de2 rived from fees and charges collected under section 3401 

3 of the Omnibus Budget Reconciliation Act of 1986.’’. 

4 SEC. 220B. PUBLIC INTEREST UNDER THE NATURAL GAS 

5 ACT. 

6 (a) EXPORTATION OR IMPORTATION OF NATURAL

7 GAS; LNG TERMINALS.—Section 3 of the Natural Gas 

8 Act (15 U.S.C. 717b) is amended— 

9 (1) in subsection (a), by striking ‘‘, unless, after 

10 opportunity for hearing, it finds that the proposed 

11 exportation or importation will not be consistent 

12 with the public interest’’ and inserting ‘‘if, after op13 portunity for hearing, it finds that the proposed ex14 portation or importation is in the public interest’’; 

15 and 

16 (2) by amending subsection (c) to read as fol17 lows: 

18 ‘‘(c) PUBLIC INTEREST.—In making a finding under 

19 this section regarding whether a proposed exportation or 

20 importation is in the public interest, the Commission 

21 shall— 

22 ‘‘(1) ensure that the potential benefits outweigh 

23 any adverse effects; and 

24 ‘‘(2) consider— 

25 ‘‘(A) the climate policies of affected States; 


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1 ‘‘(B) regional infrastructure need deter2 minations; 

3 ‘‘(C) all environmental impacts and con4 cerns identified pursuant to the National Envi5 ronmental Policy Act, including any direct, indi6 rect, and cumulative effects on climate change; 

7 and 

8 ‘‘(D) community and landowner impacts.’’. 

9 (b) EXTENSION OF FACILITIES; ABANDONMENT OF

10 SERVICE.—Section 7 of the Natural Gas Act (15 U.S.C. 

11 717f) is amended by adding at the end the following: 

12 ‘‘(i) PUBLIC INTEREST.—In making a finding under 

13 this section regarding whether an action is in the public 

14 interest, the Commission shall— 

15 ‘‘(1) ensure that the potential benefits outweigh 

16 any adverse effects; and 

17 ‘‘(2) consider— 

18 ‘‘(A) the climate policies of affected States; 

19 ‘‘(B) regional infrastructure need deter20 minations; 

21 ‘‘(C) all environmental impacts and con22 cerns identified pursuant to the National Envi23 ronmental Policy Act, including any direct, indi24 rect, and cumulative effects on climate change; 

25 and 


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1 ‘‘(D) community and landowner impacts.’’. 

2 SEC. 220C. MODIFICATIONS TO EXERCISE OF THE RIGHT OF 

3 EMINENT DOMAIN BY HOLDER OF A CERTIFI4 CATE OF PUBLIC CONVENIENCE AND NECES5 SITY. 

6 (a) REQUIREMENT.—Section 7(h) of the Natural Gas 

7 Act (15 U.S.C. 717f(h)) is amended— 

8 (1) by striking ‘‘When any holder’’ and insert9 ing the following: ‘‘(1) Subject to paragraph (2), 

10 when any holder’’; and 

11 (2) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(2) A holder of a certificate of public convenience 

14 and necessity may not exercise the right of eminent do15 main under paragraph (1) unless the holder— 

16 ‘‘(A) obtains all Federal and State permits re17 quired by law for the construction and operation of 

18 pipeline facilities; and 

19 ‘‘(B) complies with all environmental conditions 

20 appended to the certificate order. 

21 ‘‘(3) A holder of a certificate of public convenience 

22 and necessity shall be suspended from the exercise of the 

23 right of eminent domain under paragraph (1)— 


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1 ‘‘(A) if the holder requests a material amend2 ment to the certificate, until such time as the condi3 tions in paragraph (4) are satisfied; or 

4 ‘‘(B) if a Federal or State permit held by the 

5 holder is vacated or remanded, until such time as— 

6 ‘‘(i) all vacated or remanded permits are 

7 reinstated or reissued to the holder; and 

8 ‘‘(ii) the holder complies with all environ9 mental conditions appended to the certificate 

10 order. 

11 ‘‘(4) A holder of a certificate of public convenience 

12 and necessity who requests a material amendment to the 

13 certificate and has the exercise of the right of eminent do14 main suspended under paragraph (3)(A) may not com15 mence a new action or proceeding to exercise the right 

16 of eminent domain under paragraph (1) until such time 

17 as— 

18 ‘‘(A) the Commission issues an amended certifi19 cate of public convenience and necessity; and 

20 ‘‘(B) the holder— 

21 ‘‘(i) obtains all additional Federal and 

22 State permits required by law pursuant to the 

23 amended certificate; and 


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1 ‘‘(ii) complies with all environmental condi2 tions appended to the amended certificate 

3 order. 

4 ‘‘(5) A holder of a certificate of public convenience 

5 and necessity may not exercise the right of eminent do6 main under paragraph (1) if the applicable pipe line or 

7 pipe lines, necessary land or other property, or equipment 

8 necessary to the proper operation of such pipe line or pipe 

9 lines to be constructed, operated, and maintained is at10 tached to any facility with respect to which an order is 

11 required under section 3.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply— 

14 (1) to any action or proceeding for eminent do15 main under section 7(h)(1) of the Natural Gas Act, 

16 as amended by this section, commencing on or after 

17 the date of enactment of this Act; and 

18 (2) to any request for a material amendment to 

19 a certificate of public convenience and necessity oc20 curring on or after the date of enactment of this 

21 Act. 


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1 Subtitle C—Public Utility 

2 Regulatory Policies Act Reform 

3 SEC. 221. CONSIDERATION OF ENERGY STORAGE SYSTEMS. 

4 (a) IN GENERAL.—Section 111(d) of the Public Util5 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 

6 is amended by adding at the end the following: 

7 ‘‘(20) CONSIDERATION OF ENERGY STORAGE

8 SYSTEMS.—Each State shall consider requiring that, 

9 as part of a supply side resource planning process, 

10 an electric utility of the State demonstrate to the 

11 State that the electric utility considered an invest12 ment in energy storage systems based on appro13 priate factors, including— 

14 ‘‘(A) total costs and normalized life cycle 

15 costs; 

16 ‘‘(B) cost effectiveness; 

17 ‘‘(C) improved reliability; 

18 ‘‘(D) security; and 

19 ‘‘(E) system performance and efficiency.’’. 

20 (b) TIME LIMITATIONS.—Section 112(b) of the Pub21 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 

22 2622(b)) is amended by adding at the end the following: 

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

24 enactment of this paragraph, each State regulatory 

25 authority (with respect to each electric utility for 


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1 which the State regulatory authority has ratemaking 

2 authority) and each nonregulated electric utility 

3 shall commence the consideration referred to in sec4 tion 111, or set a hearing date for consideration, 

5 with respect to the standard established by para6 graph (20) of section 111(d). 

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

8 enactment of this paragraph, each State regulatory 

9 authority (with respect to each electric utility for 

10 which the State regulatory authority has ratemaking 

11 authority), and each nonregulated electric utility, 

12 shall complete the consideration, and shall make the 

13 determination, referred to in section 111 with re14 spect to the standard established by paragraph (20) 

15 of section 111(d).’’. 

16 (c) FAILURE TO COMPLY.—Section 112(c) of the 

17 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

18 2622(c)) is amended by adding at the end the following: 

19 ‘‘In the case of the standard established by paragraph (20) 

20 of section 111(d), the reference contained in this sub21 section to the date of enactment of this Act shall be 

22 deemed to be a reference to the date of enactment of such 

23 paragraph (20).’’. 


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1 (d) PRIOR STATE ACTIONS.—Section 112 of the Pub2 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 

3 2622) is amended by adding at the end the following: 

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

5 (c) of this section shall not apply to the standard estab6 lished by paragraph (20) of section 111(d) in the case of 

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

8 this subsection— 

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

10 the standard concerned (or a comparable standard); 

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

12 State or relevant nonregulated electric utility has 

13 conducted a proceeding to consider implementation 

14 of the standard concerned (or a comparable stand15 ard) for such utility; or 

16 ‘‘(3) the State legislature has voted on the im17 plementation of such standard (or a comparable 

18 standard) for such utility.’’. 

19 (e) PRIOR AND PENDING PROCEEDINGS.—Section 

20 124 of the Public Utility Regulatory Policies Act of 1978 

21 (16 U.S.C. 2634) is amended by adding at the end the 

22 following: ‘‘In the case of the standard established by 

23 paragraph (20) of section 111(d), the reference contained 

24 in this section to the date of the enactment of this Act 


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1 shall be deemed to be a reference to the date of enactment 

2 of such paragraph (20).’’. 

3 SEC. 222. COORDINATION OF PROGRAMS. 

4 To the maximum extent practicable, the Secretary of 

5 Energy shall ensure that the funding and administration 

6 of the different offices within the Grid Modernization Ini7 tiative of the Department of Energy and other programs 

8 conducting energy storage research are coordinated and 

9 streamlined. 

10 SEC. 223. PROMOTING CONSIDERATION AND UTILIZATION 

11 OF NON-WIRES SOLUTIONS. 

12 (a) CONSIDERATION OF NON-WIRES SOLUTIONS BY

13 STATE REGULATORY AUTHORITIES.—Section 111(d) of 

14 the Public Utility Regulatory Policies Act of 1978 ((16 

15 U.S.C. 2621(d)) is further amended by adding at the end 

16 the following: 

17 ‘‘(21) NON-WIRES SOLUTIONS.— 

18 ‘‘(A) IN GENERAL.—Each electric utility 

19 shall implement non-wires solutions when ap20 propriate. 

21 ‘‘(B) DEFINITION OF NON-WIRES SOLU22 TION.—The term ‘non-wires solution’ means an 

23 electricity grid investment or project that uses 

24 one or more nontraditional solutions, including 

25 distributed generation, energy storage, energy 


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1 efficiency, demand response, microgrids, or grid 

2 software and controls, to defer or replace the 

3 need for specific equipment upgrades or new in4 frastructure, such as transmission or distribu5 tion lines or transformers, at a substation or 

6 circuit level. 

7 ‘‘(C) COST RECOVERY.—To reduce the 

8 costs to ratepayers associated with potential up9 grades to transmission or distribution infra10 structure, the cost of a non-wires solution im11 plemented under subparagraph (A) shall be re12 covered from ratepayers in the same manner as 

13 an upgrade to transmission or distribution in14 frastructure would have been recovered.’’. 

15 (b) TIME LIMITATIONS.—Section 112(b) of the Pub16 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 

17 2622(b)) is further amended by adding at the end the fol18 lowing: 

19 ‘‘(8)(A) Not later than 1 year after the date of 

20 enactment of this paragraph, each State regulatory 

21 authority (with respect to each electric utility for 

22 which the State has ratemaking authority) and each 

23 nonregulated electric utility shall commence the con24 sideration referred to in section 111, or set a hearVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ing date for consideration, with respect to the stand2 ard established by paragraph (21) of section 111(d). 

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

4 the enactment of this paragraph, each State regu5 latory authority (with respect to each electric utility 

6 for which the State has ratemaking authority), and 

7 each nonregulated electric utility, shall complete the 

8 consideration, and shall make the determination, re9 ferred to in section 111 with respect to the standard 

10 established by paragraph (21) of section 111(d).’’. 

11 (c) FAILURE TO COMPLY.—Section 112(c) of the 

12 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

13 2622(c)) is further amended by— 

14 (1) striking ‘‘(b)(2)’’ and inserting ‘‘(b)’’; and 

15 (2) adding at the end the following: ‘‘In the 

16 case of the standard established by paragraph (21) 

17 of section 111(d), the reference contained in this 

18 subsection to the date of enactment of this Act shall 

19 be deemed to be a reference to the date of enact20 ment of that paragraph (21).’’. 

21 (d) PRIOR STATE ACTIONS.—Section 112(d) of the 

22 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

23 2622(d)) is amended in the matter preceding paragraph 

24 (1) by striking ‘‘(19)’’ and inserting ‘‘(21)’’. 


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1 SEC. 224. CONTRACT OPTIONS FOR QUALIFIED FACILITIES. 

2 Section 210 of the Public Utility Regulatory Policies 

3 Act of 1978 (16 U.S.C. 824a–3) is amended by adding 

4 at the end the following: 

5 ‘‘(o) CONTRACT OPTIONS FOR QUALIFIED FACILI6 TIES.—The Commission shall require that qualifying fa7 cilities have the option to enter a fixed price contract 

8 whose term is at least as long as the term on which the 

9 incumbent utility recovers invests in new generation, 

10 whether self-built or in the form of a long-term power pur11 chase agreement.’’. 

12 SEC. 225. ESTABLISHMENT OF COMMUNITY SOLAR PRO13 GRAMS. 

14 (a) IN GENERAL.—Section 111(d) of the Public Util15 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 

16 is amended by adding at the end the following: 

17 ‘‘(21) COMMUNITY SOLAR PROGRAMS.—Each 

18 electric utility shall offer a community solar program 

19 that provides all ratepayers, including low-income 

20 ratepayers, equitable and demonstrable access to 

21 such community solar program. For the purposes of 

22 this paragraph, the term ‘community solar program’ 

23 means a service provided to any electric consumer 

24 that the electric utility serves through which the 

25 value of electricity generated by a community solar 

26 facility may be used to offset charges billed to the 


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1 electric consumer by the electric utility. A ‘commu2 nity solar facility’ is— 

3 ‘‘(A) a solar photovoltaic system that allo4 cates electricity to multiple electric consumers 

5 of an electric utility; 

6 ‘‘(B) connected to a local distribution of 

7 the electric utility; 

8 ‘‘(C) located either on or off the property 

9 of the electric consumers; and 

10 ‘‘(D) may be owned by an electric utility, 

11 an electric consumer, or a third party.’’. 

12 (b) COMPLIANCE.— 

13 (1) TIME LIMITATIONS.—Section 112(b) of the 

14 Public Utility Regulatory Policies Act of 1978 (16 

15 U.S.C. 2622(b)) is amended by adding at the end 

16 the following: 

17 ‘‘(8)(A) Not later than 1 year after the date of 

18 enactment of this paragraph, each State regulatory 

19 authority (with respect to each electric utility for 

20 which the State has ratemaking authority) and each 

21 nonregulated electric utility shall commence consid22 eration under section 111, or set a hearing date for 

23 consideration, with respect to the standard estab24 lished by paragraph (21) of section 111(d). 


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

2 enactment of this paragraph, each State regulatory 

3 authority (with respect to each electric utility for 

4 which the State has ratemaking authority), and each 

5 nonregulated electric utility shall complete the con6 sideration and make the determination under section 

7 111 with respect to the standard established by 

8 paragraph (21) of section 111(d).’’. 

9 (2) FAILURE TO COMPLY.— 

10 (A) IN GENERAL.—Section 112(c) of the 

11 Public Utility Regulatory Policies Act of 1978 

12 (16 U.S.C. 2622(c)) is amended— 

13 (i) by striking ‘‘such paragraph (14)’’ 

14 and all that follows through ‘‘paragraphs 

15 (16)’’ and inserting ‘‘such paragraph (14). 

16 In the case of the standard established by 

17 paragraph (15) of section 111(d), the ref18 erence contained in this subsection to the 

19 date of enactment of this Act shall be 

20 deemed to be a reference to the date of en21 actment of that paragraph (15). In the 

22 case of the standards established by para23 graphs (16)’’; and 

24 (ii) by adding at the end the fol25 lowing: ‘‘In the case of the standard estabVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 lished by paragraph (21) of section 111(d), 

2 the reference contained in this subsection 

3 to the date of enactment of this Act shall 

4 be deemed to be a reference to the date of 

5 enactment of that paragraph (21).’’. 

6 (B) TECHNICAL CORRECTION.— 

7 (i) IN GENERAL.—Section 1254(b) of 

8 the Energy Policy Act of 2005 (Public 

9 Law 109–58; 119 Stat. 971) is amended— 

10 (I) by striking paragraph (2); 

11 and 

12 (II) by redesignating paragraph 

13 (3) as paragraph (2). 

14 (ii) TREATMENT.—The amendment 

15 made by paragraph (2) of section 1254(b) 

16 of the Energy Policy Act of 2005 (Public 

17 Law 109–58; 119 Stat. 971) (as in effect 

18 on the day before the date of enactment of 

19 this Act) is void, and section 112(d) of the 

20 Public Utility Regulatory Policies Act of 

21 1978 (16 U.S.C. 2622(d)) shall be in ef22 fect as if those amendments had not been 

23 enacted. 

24 (3) PRIOR STATE ACTIONS.— 


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1 (A) IN GENERAL.—Section 112 of the 

2 Public Utility Regulatory Policies Act of 1978 

3 (16 U.S.C. 2622) is amended by adding at the 

4 end the following: 

5 ‘‘(h) PRIOR STATE ACTIONS.—Subsections (b) and 

6 (c) shall not apply to the standard established by para7 graph (21) of section 111(d) in the case of any electric 

8 utility in a State if, before the date of enactment of this 

9 subsection— 

10 ‘‘(1) the State has implemented for the electric 

11 utility the standard (or a comparable standard); 

12 ‘‘(2) the State regulatory authority for the 

13 State or the relevant nonregulated electric utility has 

14 conducted a proceeding to consider implementation 

15 of the standard (or a comparable standard) for the 

16 electric utility; or 

17 ‘‘(3) the State legislature has voted on the im18 plementation of the standard (or a comparable 

19 standard) for the electric utility.’’. 

20 (B) CROSS-REFERENCE.—Section 124 of 

21 the Public Utility Regulatory Policies Act of 

22 1978 (16 U.S.C. 2634) is amended by adding 

23 at the end the following: ‘‘In the case of the 

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1 section to the date of enactment of this Act 

2 shall be deemed to be a reference to the date 

3 of enactment of that paragraph (21).’’. 

4 SEC. 226. RURAL AND REMOTE COMMUNITIES ELEC5 TRIFICATION GRANTS. 

6 Section 609 of the Public Utility Regulatory Policies 

7 Act of 1978 (7 U.S.C. 918c) is amended— 

8 (1) in section (a)— 

9 (A) in paragraph (1), by striking ‘‘or mu10 nicipality’’ and inserting ‘‘, municipality, or In11 dian Tribe’’; 

12 (B) in paragraph (5), by striking ‘‘10,000’’ 

13 and inserting ‘‘20,000’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(6) ECONOMICALLY DISTRESSED COMMU17 NITY.—The term ‘economically distressed commu18 nity’ means a unit of local government, municipality, 

19 or Indian Tribe— 

20 ‘‘(A) that is located within a 75 mile ra21 dius of an electric generating unit that pri22 marily uses coal as a fuel source; and 

23 ‘‘(B) that is significantly impacted by the 

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1 ring on or after January 1, 2010, including by, 

2 as a result of such closure, experiencing— 

3 ‘‘(i) a net labor loss at least 50 work4 ers who lost employment directly from, or 

5 employment associated with, such electric 

6 generating unit, including an associated 

7 mine; 

8 ‘‘(ii) a net revenue loss of over 25 per9 cent compared to the previous fiscal year, 

10 in terms of tax revenue, lease payments, or 

11 royalties directly from or associated with 

12 such electric generating station, including 

13 an associated mine; or 

14 ‘‘(iii) an increase in the cost of elec15 tricity for applicable electric consumers of 

16 at least 10 percent from the previous ap17 plicable calendar year.’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) by inserting ‘‘or the deployment of 

21 energy storage technologies’’ after ‘‘energy 

22 efficiency’’; and 

23 (ii) by striking ‘‘areas; or’’ and insert24 ing ‘‘areas or economically distressed com25 munities;’’; 


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1 (B) in paragraph (2), by striking ‘‘rural 

2 areas.’’ and inserting ‘‘rural areas or economi3 cally distressed communities; or’’; and 

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

5 ‘‘(3) refurbishing, redeveloping, or repurposing 

6 electric generating facilities that primarily consume 

7 coal as a fuel source that have recently ceased oper8 ation, or will cease operation in the near future, for 

9 manufacturing, including clean energy technologies 

10 or materials.’’; and 

11 (3) in subsection (d)— 

12 (A) by striking ‘‘$20,000,000’’ and insert13 ing ‘‘$50,000,000’’; and 

14 (B) by striking ‘‘2006 through 2012’’ and 

15 inserting ‘‘2022 through 2031’’. 

16 Subtitle D—Electricity Infrastruc17 ture Modernization and Resil18 ience 

19 SEC. 230. 21ST CENTURY POWER GRID. 

20 (a) IN GENERAL.—The Secretary of Energy shall es21 tablish a program to provide financial assistance to eligible 

22 partnerships to carry out projects related to the mod23 ernization of the electric grid, including— 

24 (1) projects for the deployment of technologies 

25 to improve monitoring of, advanced controls for, and 


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1 prediction of performance of, a distribution system; 

2 and 

3 (2) projects related to transmission system 

4 planning and operation. 

5 (b) ELIGIBLE PROJECTS.—Projects for which an eli6 gible partnership may receive financial assistance under 

7 subsection (a)— 

8 (1) shall be designed to improve the resiliency, 

9 performance, or efficiency of the electric grid, while 

10 ensuring the continued provision of safe, secure, reli11 able, and affordable power; 

12 (2) may be designed to deploy a new product or 

13 technology that could be used by customers of an 

14 electric utility; and 

15 (3) shall demonstrate— 

16 (A) secure integration and management of 

17 energy resources, including through distributed 

18 energy generation, combined heat and power, 

19 microgrids, energy storage, electric vehicles 

20 charging infrastructure, energy efficiency, de21 mand response, or controllable loads; or 

22 (B) secure integration and interoperability 

23 of communications and information technologies 

24 related to the electric grid. 


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1 (c) CYBERSECURITY PLAN.—Each project carried 

2 out with financial assistance provided under subsection (a) 

3 shall include the development of a cybersecurity plan writ4 ten in accordance with guidelines developed by the Sec5 retary of Energy. 

6 (d) PRIVACY EFFECTS ANALYSIS.—Each project car7 ried out with financial assistance provided under sub8 section (a) shall include a privacy effects analysis that 

9 evaluates the project in accordance with the Voluntary 

10 Code of Conduct of the Department of Energy, commonly 

11 known as the ‘‘DataGuard Energy Data Privacy Pro12 gram’’, or the most recent revisions to the privacy pro13 gram of the Department. 

14 (e) DEFINITIONS.—In this section: 

15 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi16 ble partnership’’ means a partnership consisting of 

17 two or more entities, which— 

18 (A) may include— 

19 (i) any institution of higher education; 

20 (ii) a National Laboratory; 

21 (iii) a State or a local government or 

22 other public body created by or pursuant 

23 to State law; 

24 (iv) an Indian Tribe; 


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1 (v) a Federal power marketing admin2 istration; or 

3 (vi) an entity that develops and pro4 vides technology; and 

5 (B) shall include at least one of any of— 

6 (i) an electric utility; 

7 (ii) a Regional Transmission Organi8 zation; or 

9 (iii) an Independent System Operator. 

10 (2) ELECTRIC UTILITY.—The term ‘‘electric 

11 utility’’ has the meaning given that term in section 

12 3(22) of the Federal Power Act (16 U.S.C. 

13 796(22)), except that such term does not include an 

14 entity described in subparagraph (B) of such sec15 tion. 

16 (3) FEDERAL POWER MARKETING ADMINISTRA17 TION.—The term ‘‘Federal power marketing admin18 istration’’ means the Bonneville Power Administra19 tion, the Southeastern Power Administration, the 

20 Southwestern Power Administration, or the Western 

21 Area Power Administration. 

22 (4) INDEPENDENT SYSTEM OPERATOR; RE23 GIONAL TRANSMISSION ORGANIZATION.—The terms 

24 ‘‘Independent System Operator’’ and ‘‘Regional 

25 Transmission Organization’’ have the meanings 


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1 given those terms in section 3 of the Federal Power 

2 Act (16 U.S.C. 796). 

3 (5) INSTITUTION OF HIGHER EDUCATION.—The 

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

5 meaning given that term in section 101(a) of the 

6 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary of Energy 

9 to carry out this section $700,000,000 for each of fiscal 

10 years 2022 through 2031, to remain available until ex11 pended. 

12 SEC. 231. MICROGRIDS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) HYBRID MICROGRID SYSTEM.—The term 

15 ‘‘hybrid microgrid system’’ means a stand-alone elec16 trical system that— 

17 (A) is comprised of conventional generation 

18 and at least 1 alternative energy resource; and 

19 (B) may use grid-scale energy storage. 

20 (2) ISOLATED COMMUNITY.—The term ‘‘iso21 lated community’’ means a community that is pow22 ered by a stand-alone electric generation and dis23 tribution system without the economic and reliability 

24 benefits of connection to a regional electric grid. 


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1 (3) MICROGRID SYSTEM.—The term ‘‘microgrid 

2 system’’ means a stand-alone electrical system that 

3 uses grid-scale energy storage. 

4 (4) STRATEGY.—The term ‘‘strategy’’ means 

5 the strategy developed pursuant to subsection 

6 (b)(2)(B). 

7 (b) PROGRAM.— 

8 (1) ESTABLISHMENT.—The Secretary shall es9 tablish a program to promote the development of— 

10 (A) hybrid microgrid systems for isolated 

11 communities; and 

12 (B) microgrid systems to increase the resil13 ience of critical infrastructure. 

14 (2) PHASES.—The program established under 

15 paragraph (1) shall be divided into the following 

16 phases: 

17 (A) Phase I, which shall consist of the de18 velopment of a feasibility assessment for— 

19 (i) hybrid microgrid systems in iso20 lated communities; and 

21 (ii) microgrid systems to enhance the 

22 resilience of critical infrastructure. 

23 (B) Phase II, which shall consist of the de24 velopment of an implementation strategy, in ac25 cordance with paragraph (3), to promote the 


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1 development of hybrid microgrid systems for 

2 isolated communities, particularly for those 

3 communities exposed to extreme weather condi4 tions and high energy costs, including elec5 tricity, space heating and cooling, and transpor6 tation. 

7 (C) Phase III, which shall be carried out 

8 in parallel with Phase II and consist of the de9 velopment of an implementation strategy to 

10 promote the development of microgrid systems 

11 that increase the resilience of critical infrastruc12 ture. 

13 (D) Phase IV, which shall consist of cost14 shared demonstration projects, based upon the 

15 strategies developed under subparagraph (B) 

16 that include the development of physical and cy17 bersecurity plans to take appropriate measures 

18 to protect and secure the electric grid. 

19 (E) Phase V, which shall establish a bene20 fits analysis plan to help inform regulators, pol21 icymakers, and industry stakeholders about the 

22 affordability, environmental and resilience bene23 fits associated with Phases II, III, and IV. 


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1 (3) REQUIREMENTS FOR STRATEGY.—In devel2 oping the strategy under paragraph (2)(B), the Sec3 retary shall consider— 

4 (A) establishing future targets for the eco5 nomic displacement of conventional generation 

6 using hybrid microgrid systems, including dis7 placement of conventional generation used for 

8 electric power generation, heating and cooling, 

9 and transportation; 

10 (B) the potential for renewable resources, 

11 including wind, solar, and hydropower, to be in12 tegrated into a hybrid microgrid system; 

13 (C) opportunities for improving the effi14 ciency of existing hybrid microgrid systems; 

15 (D) the capacity of the local workforce to 

16 operate, maintain, and repair a hybrid 

17 microgrid system; 

18 (E) opportunities to develop the capacity of 

19 the local workforce to operate, maintain, and 

20 repair a hybrid microgrid system; 

21 (F) leveraging existing capacity within 

22 local or regional research organizations, such as 

23 organizations based at institutions of higher 

24 education, to support development of hybrid 

25 microgrid systems, including by testing novel 


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1 components and systems prior to field deploy2 ment; 

3 (G) the need for basic infrastructure to de4 velop, deploy, and sustain a hybrid microgrid 

5 system; 

6 (H) input of traditional knowledge from 

7 local leaders of isolated communities in the de8 velopment of a hybrid microgrid system; 

9 (I) the impact of hybrid microgrid systems 

10 on defense, homeland security, economic devel11 opment, and environmental interests; 

12 (J) opportunities to leverage existing inter13 agency coordination efforts and recommenda14 tions for new interagency coordination efforts to 

15 minimize unnecessary overhead, mobilization, 

16 and other project costs; and 

17 (K) any other criteria the Secretary deter18 mines appropriate. 

19 (c) COLLABORATION.—The program established 

20 under subsection (b)(1) shall be carried out in collabora21 tion with relevant stakeholders, including, as appro22 priate— 

23 (1) States; 

24 (2) Indian Tribes; 

25 (3) regional entities and regulators; 


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1 (4) units of local government; 

2 (5) institutions of higher education; and 

3 (6) private sector entities. 

4 (d) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, and annually thereafter until cal6 endar year 2026, the Secretary shall submit to the Com7 mittee on Energy and Natural Resources of the Senate 

8 and the Committee on Energy and Commerce of the 

9 House of Representatives a report on the efforts to imple10 ment the program established under subsection (b)(1) and 

11 the status of the strategy developed under subsection 

12 (b)(2)(B). 

13 SEC. 232. STRATEGIC TRANSFORMER RESERVE PROGRAM. 

14 (a) ESTABLISHMENT.—The Secretary of Energy 

15 shall establish a program to reduce the vulnerability of the 

16 electric grid to physical attack, cyber attack, electro17 magnetic pulse, geomagnetic disturbances, severe weather, 

18 climate change, and seismic events, including by— 

19 (1) ensuring that large power transformers, 

20 generator step-up transformers, and other critical 

21 electric grid equipment are strategically located to 

22 ensure timely replacement of such equipment as may 

23 be necessary to restore electric grid function rapidly 

24 in the event of severe damage to the electric grid 

25 due to physical attack, cyber attack, electromagnetic 


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1 pulse, geomagnetic disturbances, severe weather, cli2 mate change, or seismic events; and 

3 (2) establishing a coordinated plan to facilitate 

4 transportation of large power transformers and 

5 other critical electric grid equipment. 

6 (b) TRANSFORMER RESILIENCE AND ADVANCED

7 COMPONENTS PROGRAM.—The program established 

8 under subsection (a) shall include implementation of the 

9 Transformer Resilience and Advanced Components pro10 gram to— 

11 (1) improve large power transformers and other 

12 critical electric grid equipment by reducing their 

13 vulnerabilities; and 

14 (2) develop, test, and deploy innovative equip15 ment designs that are more flexible and offer greater 

16 resiliency of electric grid functions. 

17 (c) STRATEGIC EQUIPMENT RESERVES.— 

18 (1) AUTHORIZATION.—In carrying out the pro19 gram established under subsection (a), the Secretary 

20 may establish one or more federally owned strategic 

21 equipment reserves, as appropriate, to ensure na22 tionwide access to reserve equipment. 

23 (2) CONSIDERATION.—In establishing any fed24 erally owned strategic equipment reserve, the Sec25 retary may consider existing spare transformer and 


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1 equipment programs and requirements established 

2 by the private sector, regional transmission opera3 tors, independent system operators, and State regu4 latory authorities. 

5 (d) CONSULTATION.—The program established under 

6 subsection (a) shall be carried out in consultation with the 

7 Federal Energy Regulatory Commission, the Electricity 

8 Subsector Coordinating Council, the Electric Reliability 

9 Organization, and owners and operators of critical electric 

10 infrastructure and defense and military installations. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 $75,000,000 for each of fiscal years 2022 through 2031. 

14 SEC. 233. DEPARTMENT OF ENERGY SUPPORT TO 

15 REPOWER COMMUNITIES. 

16 (a) PROGRAM.—The Secretary of Energy shall con17 duct a program to provide information and technical as18 sistance to State, local, Tribal, and territorial governments 

19 and relevant land and infrastructure asset owners, to sup20 port the redevelopment of sites that have, or previously 

21 had, one or more retired fossil fuel-powered electric gener22 ating units, including redevelopment of such sites 

23 through— 


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1 (1) deployment of zero-emissions electricity, in2 cluding electricity generated from wind, solar, nu3 clear, hydropower, and geothermal energy; 

4 (2) deployment of energy storage resources; 

5 (3) use of existing and underutilized electric 

6 transmission and distribution infrastructure associ7 ated with such sites; and 

8 (4) economic development opportunities for en9 ergy-intensive industries, including data centers. 

10 (b) PUBLIC INVENTORY.—In carrying out the pro11 gram conducted under subsection (a), the Secretary may 

12 inventory and characterize sites described in such sub13 section, including the energy and security infrastructure 

14 of such sites, and make such inventory and characteriza15 tions available to the public. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $10,000,000 for each of fiscal years 2022 through 2031. 

19 SEC. 234. ENVIRONMENTAL PROTECTION AGENCY SUP20 PORT TO REPOWER COMMUNITIES. 

21 Section 104 of the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 1980 (42 

23 U.S.C. 9604) is amended by adding at the end the fol24 lowing: 


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1 ‘‘(l) REPOWERING COMMUNITIES GRANT PRO2 GRAM.— 

3 ‘‘(1) ESTABLISHMENT.—The Administrator 

4 shall establish a program to provide grants to eligi5 ble entities to carry out inventory, characterization, 

6 assessment, planning, feasibility analysis, design, or 

7 remediation activities at sites that have or previously 

8 had 1 or more retired fossil fuel-powered electric 

9 generating units. 

10 ‘‘(2) PRIORITIZATION OF GRANTS.—The Ad11 ministrator shall prioritize awarding grants to eligi12 ble entities who intend to develop or deploy clean en13 ergy projects at sites described in paragraph (1). 

14 ‘‘(3) DEFINITIONS.—In this subsection: 

15 ‘‘(A) CLEAN ENERGY PROJECT.—The term 

16 ‘clean energy project’ means a project that— 

17 ‘‘(i) is anticipated to generate elec18 tricity without emitting greenhouse gases, 

19 such as wind, solar, nuclear, hydropower, 

20 and geothermal energy; or 

21 ‘‘(ii) stores energy. 

22 ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligi23 ble entity’ means— 

24 ‘‘(i) a general purpose unit of local 

25 government; 


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1 ‘‘(ii) a land clearance authority or 

2 other quasi-governmental entity that oper3 ates under the supervision and control of 

4 or as an agent of a general purpose unit 

5 of local government; 

6 ‘‘(iii) a government entity created by 

7 a State legislature; 

8 ‘‘(iv) a regional council or group of 

9 general purpose units of local government; 

10 ‘‘(v) a redevelopment agency that is 

11 chartered or otherwise sanctioned by a 

12 State; 

13 ‘‘(vi) a State; 

14 ‘‘(vii) an Indian Tribe other than in 

15 Alaska; 

16 ‘‘(viii) an Alaska Native Regional Cor17 poration and an Alaska Native Village Cor18 poration as those terms are defined in the 

19 Alaska Native Claims Settlement Act and 

20 the Metlakatla Indian community; 

21 ‘‘(ix) an organization described in sec22 tion 501(c)(3) of the Internal Revenue 

23 Code of 1986 and exempt from taxation 

24 under section 501(a) of that Code; 


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1 ‘‘(x) a limited liability corporation in 

2 which all managing members are organiza3 tions described in clause (ix) or limited li4 ability corporations whose sole members 

5 are organizations described in clause (ix); 

6 ‘‘(xi) a limited partnership in which 

7 all general partners are organizations de8 scribed in clause (ix) or limited liability 

9 corporations whose sole members are orga10 nizations described in clause (ix); or 

11 ‘‘(xii) a qualified community develop12 ment entity (as defined in section 

13 45D(c)(1) of the Internal Revenue Code of 

14 1986). 

15 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this section $10,000,000, to remain available until 

18 expended, for each of fiscal years 2022 through 

19 2031.’’. 

20 SEC. 235. DAM SAFETY. 

21 (a) DAM SAFETY CONDITIONS.—Section 10 of the 

22 Federal Power Act (16 U.S.C. 803) is amended by adding 

23 at the end the following: 

24 ‘‘(k) That the dam and other project works meet the 

25 Commission’s dam safety requirements and that the liVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 censee shall continue to manage, operate, and maintain 

2 the dam and other project works in a manner that ensures 

3 dam safety and public safety under the operating condi4 tions of the license.’’. 

5 (b) DAM SAFETY REQUIREMENTS.—Section 15 of 

6 the Federal Power Act (16 U.S.C. 808) is amended by 

7 adding at the end the following: 

8 ‘‘(g) The Commission may issue a new license under 

9 this section only if the Commission determines that the 

10 dam and other project works covered by the license meet 

11 the Commission’s dam safety requirements and that the 

12 licensee can continue to manage, operate, and maintain 

13 the dam and other project works in a manner that ensures 

14 dam safety and public safety under the operating condi15 tions of the new license.’’. 

16 (c) VIABILITY PROCEDURES.—The Federal Energy 

17 Regulatory Commission shall establish procedures to as18 sess the financial viability of an applicant for a license 

19 under the Federal Power Act to meet applicable dam safe20 ty requirements and to operate the dam and project works 

21 under the license. 

22 (d) FERC DAM SAFETY TECHNICAL CONFERENCE

23 WITH STATES.— 

24 (1) TECHNICAL CONFERENCE.—Not later than 

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1 mission, acting through the Office of Energy 

2 Projects, shall hold a technical conference with the 

3 States to discuss and provide information on— 

4 (A) dam maintenance and repair; 

5 (B) Risk Informed Decision Making 

6 (RIDM); 

7 (C) climate and hydrological regional 

8 changes that may affect the structural integrity 

9 of dams; and 

10 (D) high hazard dams. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection $1,000,000 for fiscal year 2022. 

14 (3) STATE DEFINED.—In this subsection, the 

15 term ‘‘State’’ has the meaning given such term in 

16 section 3 of the Federal Power Act (16 U.S.C. 796). 

17 (e) REQUIRED DAM SAFETY COMMUNICATIONS BE18 TWEEN FERC AND STATES.— 

19 (1) IN GENERAL.—The Commission, acting 

20 through the Office of Energy Projects, shall notify 

21 a State within which a project is located when— 

22 (A) the Commission issues a finding, fol23 lowing a dam safety inspection, that requires 

24 the licensee for such project to take actions to 


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1 repair the dam and other project works that are 

2 the subject of such finding; 

3 (B) after a period of 5 years starting on 

4 the date a finding under subparagraph (A) is 

5 issued, the licensee has failed to take actions to 

6 repair the dam and other project works, as re7 quired by such finding; and 

8 (C) the Commission initiates a non-compli9 ance proceeding or otherwise takes steps to re10 voke a license issued under section 4 of the 

11 Federal Power Act (16 U.S.C. 797) due to the 

12 failure of a licensee to take actions to repair a 

13 dam and other project works. 

14 (2) NOTICE UPON REVOCATION, SURRENDER, 

15 OR IMPLIED SURRENDER OF A LICENSE.—If the 

16 Commission issues an order to revoke a license or 

17 approve the surrender or implied surrender of a li18 cense under the Federal Power Act (16 U.S.C. 792 

19 et seq.), the Commission shall provide to the State 

20 within which the project that relates to such license 

21 is located— 

22 (A) all records pertaining to the structure 

23 and operation of the applicable dam and other 

24 project works, including, as applicable, any dam 

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1 sultants, specifications for required repairs or 

2 maintenance of such dam and other project 

3 works that have not been completed, and esti4 mates of the costs for such repairs or mainte5 nance; 

6 (B) all records documenting the history of 

7 maintenance or repair work for the applicable 

8 dam and other project works; 

9 (C) information on the age of the dam and 

10 other project works and the hazard classifica11 tion of the dam and other project works; 

12 (D) the most recent assessment of the con13 dition of the dam and other project works by 

14 the Commission; 

15 (E) as applicable, the most recent hydro16 logic information used to determine the poten17 tial maximum flood for the dam and other 

18 project works; and 

19 (F) the results of the most recent risk as20 sessment completed on the dam and other 

21 project works. 

22 (3) DEFINITION.—In this subsection: 

23 (A) COMMISSION.—The term ‘‘Commis24 sion’’ means the Federal Energy Regulatory 

25 Commission. 


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1 (B) LICENSEE.—The term ‘‘licensee’’ has 

2 the meaning given such term in section 3 of the 

3 Federal Power Act (16 U.S.C. 796). 

4 (C) PROJECT.—The term ‘‘project’’ has 

5 the meaning given such term in section 3 of the 

6 Federal Power Act (16 U.S.C. 796). 

7 SEC. 236. CLEAN ENERGY MICROGRID GRANT PROGRAM. 

8 (a) IN GENERAL.—The Secretary of Energy shall es9 tablish and carry out a program to provide grants to eligi10 ble entities. 

11 (b) USE OF FUNDS.—An eligible entity may use a 

12 grant provided under the program established pursuant to 

13 subsection (a) to— 

14 (1) obtain technical assistance to— 

15 (A) upgrade building codes and standards 

16 for resiliency to climate change hazards (includ17 ing wildfires, flooding, sea level rise, landslides, 

18 drought, storms, temperature extremes, and 

19 other extreme weather events); 

20 (B) develop a FEMA Hazard Mitigation 

21 Plan to identify and overcome known climate 

22 change hazards to critical community infra23 structure; or 

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1 plicable, design prospective clean energy 

2 microgrids, including assistance to address per3 mitting and siting challenges, understand and 

4 facilitate financing options, and understand the 

5 technical characteristics of clean energy 

6 microgrids; 

7 (2) provide community outreach and collabo8 rative planning with respect to a prospective project 

9 described in paragraph (3); or 

10 (3) carry out a project to develop and con11 struct— 

12 (A) a clean energy microgrid that supports 

13 critical community infrastructure; or 

14 (B) a clean energy microgrid for residences 

15 of medical baseline customers. 

16 (c) PRIORITY.— 

17 (1) IN GENERAL.—In providing grants under 

18 the program established pursuant to subsection (a), 

19 the Secretary of Energy shall give priority to an eli20 gible entity that proposes to use a grant to obtain 

21 technical assistance described in subsection (b)(1), 

22 provide outreach described in subsection (b)(2), or 

23 carry out a project described in subsection (b)(3), 

24 that will benefit an environmental justice commu25 nity. 


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1 (2) TECHNICAL ASSISTANCE AND COMMUNITY

2 OUTREACH GRANTS.—After priority given under 

3 paragraph (1), in providing grants to obtain tech4 nical assistance described in subsection (b)(1) or 

5 provide outreach described in subsection (b)(2), the 

6 Secretary of Energy shall give priority to an eligible 

7 entity proposing to obtain technical assistance or 

8 provide outreach that the Secretary of Energy deter9 mines will further the development of clean energy 

10 microgrids that are community-owned energy sys11 tems. 

12 (3) CLEAN ENERGY MICROGRID GRANTS.—After 

13 priority given under paragraph (1), in providing 

14 grants under the program established pursuant to 

15 subsection (a) for projects described in subsection 

16 (b)(3), the Secretary of Energy shall give priority to 

17 an eligible entity that— 

18 (A) proposes to develop and construct a 

19 clean energy microgrid that, in comparison to 

20 other clean energy microgrids for which grants 

21 are sought under such program, will result in 

22 the greatest reduction— 

23 (i) of greenhouse gas emissions; 

24 (ii) of emissions of criteria air pollut25 ants; 


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1 (iii) in public health disparities in 

2 communities experiencing a dispropor3 tionate level of air pollution; or 

4 (iv) in the energy cost burden for 

5 communities; 

6 (B) proposes to develop and construct a 

7 clean energy microgrid that is a community8 owned energy system; 

9 (C) proposes to develop and construct a 

10 clean energy microgrid that, in comparison to 

11 other clean energy microgrids for which grants 

12 are sought under such program, will provide the 

13 greatest amount of resiliency benefits to a juris14 diction in which the microgrid is located; 

15 (D) proposes to develop and construct a 

16 clean energy microgrid that minimizes land use 

17 impacts by— 

18 (i) siting sources of clean energy with19 in the already-built environment, including 

20 over rooftops and parking lots; 

21 (ii) siting sources of clean energy on 

22 existing brownfield sites or contaminated 

23 sites; 


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1 (iii) co-locating sources of clean en2 ergy on agricultural lands or over res3 ervoirs; or 

4 (iv) siting sources of clean energy on 

5 compatible lands; 

6 (E) proposes to, in developing and con7 structing a clean energy microgrid, utilize or in8 volve small businesses or nonprofits that pri9 marily operate or are located within environ10 mental justice communities, particularly those 

11 that are women-owned and operated or minor12 ity-owned and operated; 

13 (F) has previously received a grant to ob14 tain technical assistance under such program; 

15 (G) imposes registered apprentice utiliza16 tion requirements on projects, provided that 

17 such requirements comply with the apprentice 

18 to journey worker ratios established by the De19 partment of Labor or the applicable State Ap20 prenticeship Agency; or 

21 (H) proposes to develop and construct a 

22 clean energy microgrid in an area designated 

23 nonattainment and classified as an Extreme 

24 Area or Severe Area for one or more criteria air 

25 pollutants. 


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1 (d) EDUCATIONAL OUTREACH PROGRAM.— 

2 (1) IN GENERAL.—Not later than 90 days after 

3 funds are made available to carry out this section, 

4 the Secretary of Energy shall develop and carry out 

5 an educational outreach program to inform eligible 

6 entities about the program established pursuant to 

7 subsection (a). 

8 (2) CONTRACTS.—The Secretary of Energy 

9 may enter into third-party contracts to implement 

10 the educational outreach program under paragraph 

11 (1). In entering into contracts pursuant to this para12 graph, the Secretary shall prioritize entering into 

13 contracts with women-owned and operated or minor14 ity-owned and operated entities. 

15 (3) PRIORITY.—The educational outreach pro16 gram under paragraph (1) shall prioritize— 

17 (A) providing information on the program 

18 established pursuant to subsection (a) to eligi19 ble entities that serve an environmental justice 

20 community and to environmental justice com21 munities; and 

22 (B) promoting public understanding of the 

23 community benefits of clean energy microgrids 

24 for critical community infrastructure. 

25 (e) COST SHARE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Federal share of the cost of technical 

3 assistance, outreach, or a project for which a grant 

4 is provided pursuant to the program established pur5 suant to subsection (a) shall not exceed 60 percent 

6 of such cost. 

7 (2) ENVIRONMENTAL JUSTICE COMMUNITY.— 

8 The Federal share of the cost of technical assistance 

9 that is obtained for, outreach that is provided to, or 

10 a project that is carried out in, an environmental 

11 justice community, and for which a grant is provided 

12 pursuant to the program established pursuant to 

13 subsection (a) shall not exceed 90 percent of such 

14 cost. 

15 (f) LIMITATION ON AMOUNT.—The amount of a 

16 grant provided to an eligible entity under this section to 

17 carry out a project described in subsection (b)(3) may not 

18 exceed $10,000,000. 

19 (g) USE OF AMERICAN IRON, STEEL, AND MANUFAC20 TURED GOODS.— 

21 (1) No funds authorized under this section shall 

22 be made available with respect to a project unless all 

23 of the iron, steel, and manufactured goods used in 

24 the project are produced in the United States. 


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1 (2) Paragraph (1) shall not apply in any case 

2 or category of cases in which the Secretary of En3 ergy finds that— 

4 (A) applying paragraph (1) would be in5 consistent with the public interest; 

6 (B) iron, steel, and the relevant manufac7 tured goods are not produced in the United 

8 States in sufficient and reasonably available 

9 quantities and of a satisfactory quality; or 

10 (C) inclusion of iron, steel, and manufac11 tured goods produced in the United States will 

12 increase the cost of the overall project by more 

13 than 25 percent. 

14 (3) If the Secretary of Energy receives a re15 quest for a waiver under this subsection, the Sec16 retary shall make available to the public on an infor17 mal basis a copy of the request and information 

18 available to the Secretary concerning the request, 

19 and shall allow for informal public input on the re20 quest for at least 15 days prior to making a finding 

21 based on the request. The Secretary shall make the 

22 request and accompanying information available by 

23 electronic means, including on the official public 

24 website of the Department of Energy. 


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1 (4) This subsection shall be applied in a man2 ner consistent with the United States obligations 

3 under international agreements. 

4 (h) PREVAILING WAGES.—All laborers and mechan5 ics employed by contractors or subcontractors in the per6 formance of construction, alteration, or repair work as7 sisted, in whole or in part, by a grant under this section 

8 shall be paid wages at rates not less than those prevailing 

9 on similar construction in the locality as determined by 

10 the Secretary of Labor in accordance with subchapter IV 

11 of chapter 31 of title 40, United States Code. With respect 

12 to the labor standards in this subsection, the Secretary 

13 of Labor shall have the authority and functions set forth 

14 in Reorganization Plan Numbered 14 of 1950 (64 Stat. 

15 1267; 5 U.S.C. App.) and section 3145 of title 40, United 

16 States Code. 

17 (i) PROJECT LABOR.—An eligible entity that uses a 

18 grant provided under this section to construct a clean en19 ergy microgrid shall ensure, to the greatest extent prac20 ticable, that any subgrantee of such eligible entity, and 

21 any subgrantee thereof, that carries out such construction 

22 employs at least 40 percent of laborers or mechanics for 

23 such construction that are individuals who— 

24 (1) are domiciled, if the applicable construction 

25 area is— 


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1 (A) a major urban area, not further than 

2 15 miles from such construction area; or 

3 (B) not a major urban area, not further 

4 than 50 miles from such construction area; 

5 (2) are displaced and unemployed energy work6 ers; 

7 (3) are members of the Armed Forces serving 

8 on active duty, separated from active duty, or retired 

9 from active duty; 

10 (4) have been incarcerated or served time in a 

11 juvenile or adult detention or correctional facility, or 

12 been placed on probation, community supervision, or 

13 in a diversion scheme; 

14 (5) have a disability; 

15 (6) are homeless; 

16 (7) are receiving public assistance; 

17 (8) lack a general education diploma or high 

18 school diploma; 

19 (9) are emancipated from the foster care sys20 tem; 

21 (10) reside or work in an environmental justice 

22 community; or 

23 (11) are registered apprentices with fewer than 

24 15 percent of the required graduating apprentice 

25 hours in a program. 


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1 (j) REPORTS.—The Secretary of Energy shall submit 

2 to Congress, and make available on the public website of 

3 the Department of Energy, an annual report on the pro4 gram established pursuant to subsection (a) that includes, 

5 with respect to the previous year— 

6 (1) the number of grants provided; 

7 (2) the total dollar amount of all grants pro8 vided; 

9 (3) a list of grant disbursements by State; 

10 (4) for each grant provided— 

11 (A) a description of the technical assist12 ance obtained, outreach provided, or project 

13 carried out with grants funds; and 

14 (B) whether the grant is provided to obtain 

15 technical assistance, provide outreach, or carry 

16 out a project with respect to an environmental 

17 justice community; and 

18 (5) for each grant provided to carry out a clean 

19 energy microgrid project— 

20 (A) employment data for such project, in21 cluding the number of jobs created and what 

22 percent of laborers and mechanics hired for 

23 such project meet the criteria under subsection 

24 (i); 


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1 (B) the greenhouse gas and criteria air 

2 pollutant reduction impacts for such project; 

3 (C) the public health benefits from such 

4 project; and 

5 (D) the reduced energy cost burden from 

6 such project. 

7 (k) FUNDING.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.—For 

9 each of fiscal years 2022 through 2031, there is au10 thorized to be appropriated— 

11 (A) $50,000,000 for grants for technical 

12 assistance described in subsection (b)(1) and 

13 outreach described in subsection (b)(2); and 

14 (B) $1,500,000,000 for grants for projects 

15 described in subsection (b)(3). 

16 (2) COMMUNITY-OWNED ENERGY SYSTEMS.— 

17 To the maximum extent practicable, not less than 10 

18 percent of the amount appropriated under para19 graph (1)(B) for any fiscal year shall be used to pro20 vide grants for projects to develop and construct 

21 clean energy microgrids that are community-owned 

22 energy systems. 

23 (3) ADMINISTRATIVE EXPENSES.— 

24 (A) TECHNICAL ASSISTANCE AND OUT25 REACH.—The Secretary may use not more than 


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1 2 percent of the amount appropriated for any 

2 fiscal year under paragraph (1)(A) for adminis3 trative expenses. 

4 (B) CLEAN ENERGY MICROGRID

5 PROJECTS.—The Secretary may use not more 

6 than 2 percent of the amount appropriated for 

7 any fiscal year under paragraph (1)(B) for ad8 ministrative expenses, including expenses for 

9 carrying out the educational outreach program 

10 under subsection (d). 

11 (l) DEFINITIONS.—In this section: 

12 (1) CLEAN ENERGY.—The term ‘‘clean energy’’ 

13 means electric energy generated from solar, wind, 

14 geothermal, existing hydropower, micro-hydropower, 

15 hydrokinetic, or hydrogen fuel cells. 

16 (2) COMMUNITY OF COLOR.—The term ‘‘com17 munity of color’’ has the meaning given that term in 

18 section 601. 

19 (3) COMMUNITY-OWNED ENERGY SYSTEM.— 

20 The term ‘‘community-owned energy system’’ means 

21 an energy system owned— 

22 (A) by the local government where the sys23 tem is located; 


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1 (B) by a nonprofit organization that is 

2 based in the local jurisdiction where the energy 

3 system is located; 

4 (C) collectively, by community members; or 

5 (D) by a worker-owned or community6 owned for-profit entity. 

7 (4) COMPATIBLE LAND.—The term ‘‘compatible 

8 land’’ means land that is at least 5 miles away from 

9 existing protected areas and within 3 miles of exist10 ing transmission infrastructure. 

11 (5) CRITICAL COMMUNITY INFRASTRUCTURE.— 

12 The term ‘‘critical community infrastructure’’ means 

13 infrastructure that is necessary to providing vital 

14 community and individual functions, including— 

15 (A) schools; 

16 (B) town halls; 

17 (C) public safety facilities; 

18 (D) hospitals; 

19 (E) health clinics; 

20 (F) community centers; 

21 (G) community nonprofit facilities pro22 viding essential services; 

23 (H) libraries; 

24 (I) grocery stores; 

25 (J) emergency management facilities; 


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1 (K) water systems; 

2 (L) homeless shelters; 

3 (M) senior housing; and 

4 (N) public or affordable housing. 

5 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a State, territory of the United States, 

8 or Tribal agency; 

9 (B) a local government or political subdivi10 sion of a State, including a municipally owned 

11 electric utility and an agency, authority, cor12 poration, or instrumentality of a State or In13 dian Tribe; 

14 (C) an electric utility; 

15 (D) a nonprofit organization; or 

16 (E) a partnership between— 

17 (i) a private entity, or a nonprofit or18 ganization, that owns critical community 

19 infrastructure; and 

20 (ii) a State, territory of the United 

21 States, Tribal agency, or local government. 

22 (7) ENVIRONMENTAL JUSTICE COMMUNITY.— 

23 The term ‘‘environmental justice community’’ has 

24 the meaning given that term in section 601. 


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1 (8) LOW-INCOME COMMUNITY.—The term ‘‘low2 income community’’ means any census block group 

3 in which 30 percent or more of the population are 

4 individuals with an annual household income equal 

5 to, or less than, the greater of— 

6 (A) an amount equal to 80 percent of the 

7 median income of the area in which the house8 hold is located, as reported by the Department 

9 of Housing and Urban Development; and 

10 (B) 200 percent of the Federal poverty 

11 line. 

12 (9) MAJOR URBAN AREA.—The term ‘‘major 

13 urban area’’ means a metropolitan statistical area 

14 within the United States with an estimated popu15 lation that is greater than or equal to 1,500,000. 

16 (10) MEDICAL BASELINE CUSTOMER.—The 

17 term ‘‘medical baseline customer’’ means a customer 

18 of an electric utility with special energy needs due 

19 to a medical condition, including energy needs for— 

20 (A) a motorized wheelchair; 

21 (B) a ventilator; 

22 (C) a dialysis machine; 

23 (D) an apnea monitor; 

24 (E) an electrostatic nebulizer; 

25 (F) a respirator; 


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1 (G) medication requiring refrigeration; and 

2 (H) for a customer with a vulnerable res3 piratory system, an air cleaning system. 

4 (11) MICROGRID.—The term ‘‘microgrid’’ 

5 means an interconnected system of loads and clean 

6 energy resources (including distributed energy re7 sources, energy storage, demand response tools, and 

8 other management, forecasting, and analytical tools) 

9 which— 

10 (A) is appropriately sized to meet the crit11 ical needs of its customers; 

12 (B) is contained within a clearly defined 

13 electrical boundary and has the ability to oper14 ate as a single and controllable entity; 

15 (C) has the ability to— 

16 (i) connect to, disconnect from, or run 

17 in parallel with the applicable grid region; 

18 or 

19 (ii) be managed and isolated from the 

20 applicable grid region in order to withstand 

21 larger disturbances and maintain the sup22 ply of electricity to a connected location; 

23 (D) has no point of interconnection to the 

24 applicable grid region with a throughput capac25 ity in excess of 20 megawatts; and 


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1 (E) can connect to one building or multiple 

2 interconnected buildings. 

3 (12) MICRO-HYDROPOWER.—The term ‘‘micro4 hydropower’’ means hydropower that produces no 

5 more than 100 kilowatts of electricity using the nat6 ural flow of water. 

7 (13) PRODUCED IN THE UNITED STATES.—The 

8 term ‘‘produced in the United States’’ means, in the 

9 case of iron or steel, that all manufacturing proc10 esses, including the application of a coating, occur in 

11 the United States. 

12 (14) REGISTERED APPRENTICE.—The term 

13 ‘‘registered apprentice’’ means a person in an ap14 prenticeship program that is registered with, and ap15 proved by, the United States Department of Labor 

16 or a State Apprenticeship Agency in accordance with 

17 parts 29 and 30 of title 29, Code of Federal Regula18 tions (as in effect on January 1, 2020). 

19 (15) SMALL BUSINESS.—The term ‘‘small busi20 ness’’ has the meaning given the term ‘‘small busi21 ness concern’’ under section 3 of the Small Business 

22 Act (15 U.S.C. 632). 

23 (16) TRIBAL AND INDIGENOUS COMMUNITY.— 

24 The term ‘‘Tribal and indigenous community’’ 

25 means a population of people who are members of— 


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1 (A) a federally recognized Indian Tribe; 

2 (B) a State-recognized Indian Tribe; 

3 (C) an Alaska Native or Native Hawaiian 

4 community or organization; or 

5 (D) any other community of indigenous 

6 people located in a State. 

7 Subtitle E—Clean Electricity 

8 Generation 

9 SEC. 241. DISTRIBUTED ENERGY RESOURCES. 

10 (a) DEFINITIONS.—In this section: 

11 (1) COMBINED HEAT AND POWER SYSTEM.— 

12 The term ‘‘combined heat and power system’’ means 

13 generation of electric energy and heat in a single, in14 tegrated system that meets the efficiency criteria in 

15 clauses (ii) and (iii) of section 48(c)(3)(A) of the In16 ternal Revenue Code of 1986, under which heat that 

17 is conventionally rejected is recovered and used to 

18 meet thermal energy requirements. 

19 (2) DEMAND RESPONSE.—The term ‘‘demand 

20 response’’ means changes in electric usage by elec21 tric utility customers from the normal consumption 

22 patterns of the customers in response to— 

23 (A) changes in the price of electricity over 

24 time; or 


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1 (B) incentive payments designed to induce 

2 lower electricity use at times of high wholesale 

3 market prices or when system reliability is jeop4 ardized. 

5 (3) DISTRIBUTED ENERGY.—The term ‘‘distrib6 uted energy’’ means energy sources and systems 

7 that— 

8 (A) produce electric or thermal energy 

9 close to the point of use using renewable energy 

10 resources or waste thermal energy; 

11 (B) generate electricity using a combined 

12 heat and power system; 

13 (C) distribute electricity in microgrids; 

14 (D) store electric or thermal energy; or 

15 (E) distribute thermal energy or transfer 

16 thermal energy to building heating and cooling 

17 systems through a district energy system. 

18 (4) DISTRICT ENERGY SYSTEM.—The term 

19 ‘‘district energy system’’ means a system that pro20 vides thermal energy to buildings and other energy 

21 consumers from one or more plants to individual 

22 buildings to provide space heating, air conditioning, 

23 domestic hot water, industrial process energy, and 

24 other end uses. 


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1 (5) ISLANDING.—The term ‘‘islanding’’ means 

2 a distributed generator or energy storage device con3 tinuing to power a location in the absence of electric 

4 power from the primary source. 

5 (6) LOAN.—The term ‘‘loan’’ has the meaning 

6 given the term ‘‘direct loan’’ in section 502 of the 

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

8 (7) MICROGRID.—The term ‘‘microgrid’’ means 

9 an integrated energy system consisting of inter10 connected loads and distributed energy resources, in11 cluding generators and energy storage devices, with12 in clearly defined electrical boundaries that— 

13 (A) acts as a single controllable entity with 

14 respect to the grid; and 

15 (B) can connect and disconnect from the 

16 grid to operate in both grid-connected mode 

17 and island mode. 

18 (8) RENEWABLE ENERGY RESOURCE.—The 

19 term ‘‘renewable energy resource’’ includes— 

20 (A) biomass; 

21 (B) geothermal energy; 

22 (C) hydropower; 

23 (D) landfill gas; 

24 (E) municipal solid waste; 


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1 (F) ocean (including tidal, wave, current, 

2 and thermal) energy; 

3 (G) organic waste; 

4 (H) photosynthetic processes; 

5 (I) photovoltaic energy; 

6 (J) solar energy; and 

7 (K) wind. 

8 (9) RENEWABLE THERMAL ENERGY.—The term 

9 ‘‘renewable thermal energy’’ means heating or cool10 ing energy derived from a renewable energy re11 source. 

12 (10) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Energy. 

14 (11) THERMAL ENERGY.—The term ‘‘thermal 

15 energy’’ means— 

16 (A) heating energy in the form of hot 

17 water or steam that is used to provide space 

18 heating, domestic hot water, or process heat; or 

19 (B) cooling energy in the form of chilled 

20 water, ice, or other media that is used to pro21 vide air conditioning, or process cooling. 

22 (12) WASTE THERMAL ENERGY.—The term 

23 ‘‘waste thermal energy’’ means energy that— 

24 (A) is contained in— 


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1 (i) exhaust gases, exhaust steam, con2 denser water, jacket cooling heat, or lubri3 cating oil in power generation systems; 

4 (ii) exhaust heat, hot liquids, or flared 

5 gas from any industrial process; 

6 (iii) waste gas or industrial tail gas 

7 that would otherwise be flared, incinerated, 

8 or vented; 

9 (iv) a pressure drop in any gas, ex10 cluding any pressure drop to a condenser 

11 that subsequently vents the resulting heat; 

12 (v) condenser water from chilled water 

13 or refrigeration plants; or 

14 (vi) any other form of waste energy, 

15 as determined by the Secretary; and 

16 (B)(i) in the case of an existing facility, is 

17 not being used; or 

18 (ii) in the case of a new facility, is not con19 ventionally used in comparable systems. 

20 (b) DISTRIBUTED ENERGY LOAN PROGRAM.— 

21 (1) LOAN PROGRAM.— 

22 (A) IN GENERAL.—Subject to the provi23 sions of this paragraph and paragraphs (2) and 

24 (3), the Secretary shall establish a program to 

25 provide to eligible entities— 


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1 (i) loans for the deployment of distrib2 uted energy systems in a specific project; 

3 and 

4 (ii) loans to provide funding for pro5 grams to finance the deployment of mul6 tiple distributed energy systems through a 

7 revolving loan fund, credit enhancement 

8 program, or other financial assistance pro9 gram. 

10 (B) ELIGIBILITY.—Entities eligible to re11 ceive a loan under subparagraph (A) include— 

12 (i) a State, territory, or possession of 

13 the United States; 

14 (ii) a State energy office; 

15 (iii) a tribal organization (as defined 

16 in section 4 of the Indian Self-Determina17 tion and Education Assistance Act (25 

18 U.S.C. 5304)); 

19 (iv) an institution of higher education 

20 (as defined in section 101 of the Higher 

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

22 and 

23 (v) an electric utility, including— 

24 (I) a rural electric cooperative; 


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1 (II) a municipally owned electric 

2 utility; and 

3 (III) an investor-owned utility. 

4 (C) SELECTION REQUIREMENTS.—In se5 lecting eligible entities to receive loans under 

6 this subsection, the Secretary shall, to the max7 imum extent practicable, ensure— 

8 (i) regional diversity among eligible 

9 entities to receive loans under this section, 

10 including participation by rural States and 

11 small States; and 

12 (ii) that specific projects selected for 

13 loans— 

14 (I) expand on the existing tech15 nology deployment program of the De16 partment of Energy; and 

17 (II) are designed to achieve one 

18 or more of the objectives described in 

19 subparagraph (D). 

20 (D) OBJECTIVES.—Each deployment se21 lected for a loan under subparagraph (A) shall 

22 promote one or more of the following objectives: 

23 (i) Improved security and resiliency of 

24 energy supply in the event of disruptions 

25 caused by extreme weather events, grid 


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1 equipment or software failure, or terrorist 

2 acts. 

3 (ii) Implementation of distributed en4 ergy in order to increase use of local re5 newable energy resources and waste ther6 mal energy sources. 

7 (iii) Enhanced feasibility of 

8 microgrids, demand response, or islanding. 

9 (iv) Enhanced management of peak 

10 loads for consumers and the grid. 

11 (v) Enhanced reliability in rural areas, 

12 including high energy cost rural areas. 

13 (E) RESTRICTIONS ON USE OF FUNDS.— 

14 Any eligible entity that receives a loan under 

15 subparagraph (A) may only use the loan to 

16 fund programs relating to the deployment of 

17 distributed energy systems. 

18 (2) LOAN TERMS AND CONDITIONS.— 

19 (A) TERMS AND CONDITIONS.—Notwith20 standing any other provision of law, in pro21 viding a loan under this subsection, the Sec22 retary shall provide the loan on such terms and 

23 conditions as the Secretary determines, after 

24 consultation with the Secretary of the Treasury, 

25 in accordance with this subsection. 


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1 (B) SPECIFIC APPROPRIATION.—No loan 

2 shall be made unless an appropriation for the 

3 full amount of the loan has been specifically 

4 provided for that purpose. 

5 (C) REPAYMENT.—No loan shall be made 

6 unless the Secretary determines that there is 

7 reasonable prospect of repayment of the prin8 cipal and interest by the borrower of the loan. 

9 (D) INTEREST RATE.—A loan provided 

10 under this section shall bear interest at a fixed 

11 rate that is equal or approximately equal, in the 

12 determination of the Secretary, to the interest 

13 rate for Treasury securities of comparable ma14 turity. 

15 (E) TERM.—The term of the loan shall re16 quire full repayment over a period not to exceed 

17 the lesser of— 

18 (i) 20 years; or 

19 (ii) 90 percent of the projected useful 

20 life of the physical asset to be financed by 

21 the loan (as determined by the Secretary). 

22 (F) USE OF PAYMENTS.—Payments of 

23 principal and interest on the loan shall— 


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1 (i) be retained by the Secretary to 

2 support energy research and development 

3 activities; and 

4 (ii) remain available until expended, 

5 subject to such conditions as are contained 

6 in annual appropriations Acts. 

7 (G) NO PENALTY ON EARLY REPAY8 MENT.—The Secretary may not assess any pen9 alty for early repayment of a loan provided 

10 under this subsection. 

11 (H) RETURN OF UNUSED PORTION.—In 

12 order to receive a loan under this subsection, an 

13 eligible entity shall agree to return to the gen14 eral fund of the Treasury any portion of the 

15 loan amount that is unused by the eligible enti16 ty within a reasonable period of time after the 

17 date of the disbursement of the loan, as deter18 mined by the Secretary. 

19 (I) COMPARABLE WAGE RATES.—Each la20 borer and mechanic employed by a contractor 

21 or subcontractor in performance of construction 

22 work financed, in whole or in part, by the loan 

23 shall be paid wages at rates not less than the 

24 rates prevailing on similar construction in the 

25 locality as determined by the Secretary of 


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1 Labor in accordance with subchapter IV of 

2 chapter 31 of title 40, United States Code. 

3 (3) RULES AND PROCEDURES; DISBURSEMENT

4 OF LOANS.— 

5 (A) RULES AND PROCEDURES.—Not later 

6 than 180 days after the date of enactment of 

7 this Act, the Secretary shall adopt rules and 

8 procedures for carrying out the loan program 

9 under paragraph (1). 

10 (B) DISBURSEMENT OF LOANS.—Not later 

11 than 1 year after the date on which the rules 

12 and procedures under subparagraph (A) are es13 tablished, the Secretary shall disburse the ini14 tial loans provided under this subsection. 

15 (4) REPORTS.—Not later than 2 years after the 

16 date of receipt of the loan, and annually thereafter 

17 for the term of the loan, an eligible entity that re18 ceives a loan under this subsection shall submit to 

19 the Secretary a report describing the performance of 

20 each program and activity carried out using the 

21 loan, including itemized loan performance data. 

22 (5) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

24 this subsection such sums as are necessary. 


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1 (c) TECHNICAL ASSISTANCE AND GRANT PRO2 GRAM.— 

3 (1) ESTABLISHMENT.— 

4 (A) IN GENERAL.—The Secretary shall es5 tablish a technical assistance and grant pro6 gram (referred to in this subsection as the 

7 ‘‘program’’)— 

8 (i) to disseminate information and 

9 provide technical assistance directly to eli10 gible entities so the eligible entities can 

11 identify, evaluate, plan, and design distrib12 uted energy systems; and 

13 (ii) to make grants to eligible entities 

14 so that the eligible entities may contract to 

15 obtain technical assistance to identify, 

16 evaluate, plan, and design distributed en17 ergy systems. 

18 (B) TECHNICAL ASSISTANCE.—The tech19 nical assistance described in subparagraph (A) 

20 shall include assistance with one or more of the 

21 following activities relating to distributed en22 ergy systems: 

23 (i) Identification of opportunities to 

24 use distributed energy systems. 


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1 (ii) Assessment of technical and eco2 nomic characteristics. 

3 (iii) Utility interconnection. 

4 (iv) Permitting and siting issues. 

5 (v) Business planning and financial 

6 analysis. 

7 (vi) Engineering design. 

8 (C) INFORMATION DISSEMINATION.—The 

9 information disseminated under subparagraph 

10 (A)(i) shall include— 

11 (i) information relating to the topics 

12 described in subparagraph (B), including 

13 case studies of successful examples; 

14 (ii) computer software and databases 

15 for assessment, design, and operation and 

16 maintenance of distributed energy systems; 

17 and 

18 (iii) public databases that track the 

19 operation and deployment of existing and 

20 planned distributed energy systems. 

21 (2) ELIGIBILITY.—Any nonprofit or for-profit 

22 entity shall be eligible to receive technical assistance 

23 and grants under the program. 

24 (3) APPLICATIONS.— 


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1 (A) IN GENERAL.—An eligible entity desir2 ing technical assistance or grants under the 

3 program shall submit to the Secretary an appli4 cation at such time, in such manner, and con5 taining such information as the Secretary may 

6 require. 

7 (B) APPLICATION PROCESS.—The Sec8 retary shall seek applications for technical as9 sistance and grants under the program— 

10 (i) on a competitive basis; and 

11 (ii) on a periodic basis, but not less 

12 frequently than once every 12 months. 

13 (C) PRIORITIES.—In selecting eligible enti14 ties for technical assistance and grants under 

15 the program, the Secretary shall give priority to 

16 eligible entities with projects that have the 

17 greatest potential for— 

18 (i) facilitating the use of renewable 

19 energy resources; 

20 (ii) strengthening the reliability and 

21 resiliency of energy infrastructure to the 

22 impact of extreme weather events, power 

23 grid failures, and interruptions in supply 

24 of fossil fuels; 


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1 (iii) improving the feasibility of 

2 microgrids or islanding, particularly in 

3 rural areas, including high energy cost 

4 rural areas; 

5 (iv) minimizing environmental impact, 

6 including regulated air pollutants and 

7 greenhouse gas emissions; and 

8 (v) maximizing local job creation. 

9 (4) GRANTS.—On application by an eligible en10 tity, the Secretary may award grants to the eligible 

11 entity to provide funds to cover not more than— 

12 (A) 100 percent of the costs of the initial 

13 assessment to identify opportunities; 

14 (B) 75 percent of the cost of feasibility 

15 studies to assess the potential for the imple16 mentation; 

17 (C) 60 percent of the cost of guidance on 

18 overcoming barriers to implementation, includ19 ing financial, contracting, siting, and permitting 

20 issues; and 

21 (D) 45 percent of the cost of detailed engi22 neering. 

23 (5) RULES AND PROCEDURES.— 

24 (A) RULES.—Not later than 180 days 

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1 retary shall adopt rules and procedures for car2 rying out the program. 

3 (B) GRANTS.—Not later than 120 days 

4 after the date of issuance of the rules and pro5 cedures for the program, the Secretary shall 

6 issue grants under this subsection. 

7 (6) REPORTS.—The Secretary shall submit to 

8 Congress and make available to the public— 

9 (A) not less frequently than once every 2 

10 years, a report describing the performance of 

11 the program under this subsection, including a 

12 synthesis and analysis of the information pro13 vided in the reports submitted to the Secretary 

14 under subsection (b)(4); and 

15 (B) on termination of the program under 

16 this subsection, an assessment of the success of, 

17 and education provided by, the measures car18 ried out by eligible entities during the term of 

19 the program. 

20 (7) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to carry out 

22 this subsection $250,000,000 for the period of fiscal 

23 years 2022 through 2031, to remain available until 

24 expended. 


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1 SEC. 242. GRANT PROGRAM FOR SOLAR INSTALLATIONS 

2 LOCATED IN, OR THAT SERVE, LOW-INCOME 

3 AND UNDERSERVED AREAS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) BENEFICIARY.—The term ‘‘beneficiary’’ 

6 means a low-income household or a low-income 

7 household in an underserved area. 

8 (2) COMMUNITY SOLAR FACILITY.—The term 

9 ‘‘community solar facility’’ means a solar generating 

10 facility that— 

11 (A) through a voluntary program, has mul12 tiple subscribers that receive financial benefits 

13 that are directly attributable to the facility; 

14 (B) has a nameplate rating of 5 megawatts 

15 AC or less; and 

16 (C) is located in the utility distribution 

17 service territory of subscribers. 

18 (3) COMMUNITY SOLAR SUBSCRIPTION.—The 

19 term ‘‘community solar subscription’’ means a share 

20 in the capacity, or a proportional interest in the elec21 tricity generation, of a community solar facility. 

22 (4) COVERED FACILITY.—The term ‘‘covered 

23 facility’’ means— 

24 (A) a community solar facility— 

25 (i) that is located in an underserved 

26 area; or 


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1 (ii) at least 50 percent of the capacity 

2 of which is reserved for low-income house3 holds; 

4 (B) a solar generating facility located at a 

5 residence of a low-income household; or 

6 (C) a solar generating facility located at a 

7 multi-family affordable housing complex. 

8 (5) COVERED STATE.—The term ‘‘covered 

9 State’’ means a State with processes in place to en10 sure that covered facilities deliver financial benefits 

11 to low-income households. 

12 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means— 

14 (A) a nonprofit organization that provides 

15 services to low-income households or multi-fam16 ily affordable housing complexes; 

17 (B) a developer, owner, or operator of a 

18 community solar facility that reserves a portion 

19 of the capacity of the facility for subscribers 

20 who are members of low-income households or 

21 for low-income households that otherwise finan22 cially benefit from the facility; 

23 (C) a covered State, or political subdivision 

24 thereof; 


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1 (D) an Indian Tribe or a tribally owned 

2 electric utility; 

3 (E) a Native Hawaiian community-based 

4 organization; 

5 (F) any other national or regional entity 

6 that has experience developing or installing 

7 solar generating facilities for low-income house8 holds that maximize financial benefits to those 

9 households; and 

10 (G) an electric cooperative or municipal 

11 electric utility (as such terms are defined in sec12 tion 3 of the Federal Power Act). 

13 (7) ELIGIBLE INSTALLATION PROJECT.—The 

14 term ‘‘eligible installation project’’ means a project 

15 to install a covered facility in a covered State. 

16 (8) ELIGIBLE PLANNING PROJECT.—The term 

17 ‘‘eligible planning project’’ means a project to carry 

18 out pre-installation activities for the development of 

19 a covered facility in a covered State. 

20 (9) ELIGIBLE PROJECT.—The term ‘‘eligible 

21 project’’ means— 

22 (A) an eligible planning project; or 

23 (B) an eligible installation project. 

24 (10) FEASIBILITY STUDY.—The term ‘‘feasi25 bility study’’ means any activity to determine the 


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1 feasibility of a specific solar generating facility, in2 cluding a customer interest assessment and a siting 

3 assessment, as determined by the Secretary. 

4 (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

5 means any Indian Tribe, band, nation, or other or6 ganized group or community, including any Alaska 

7 Native village, Regional Corporation, or Village Cor8 poration (as defined in, or established pursuant to, 

9 the Alaska Native Claims Settlement Act (43 U.S.C. 

10 1601 et seq.)), that is recognized as eligible for the 

11 special programs and services provided by the 

12 United States to Indians because of their status as 

13 Indians. 

14 (12) INTERCONNECTION SERVICE.—The term 

15 ‘‘interconnection service’’ has the meaning given 

16 such term in section 111(d)(15) of the Public Utility 

17 Regulatory Policies Act of 1978 (16 U.S.C. 

18 2621(d)(15)). 

19 (13) LOW-INCOME HOUSEHOLD.—The term 

20 ‘‘low-income household’’ means that income in rela21 tion to family size which— 

22 (A) is at or below 200 percent of the pov23 erty level determined in accordance with criteria 

24 established by the Director of the Office of 

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1 retary may establish a higher level if the Sec2 retary determines that such a higher level is 

3 necessary to carry out the purposes of this sec4 tion; 

5 (B) is the basis on which cash assistance 

6 payments have been paid during the preceding 

7 12-month period under titles IV and XVI of the 

8 Social Security Act (42 U.S.C. 601 et seq., 

9 1381 et seq.) or applicable State or local law; 

10 or 

11 (C) if a State elects, is the basis for eligi12 bility for assistance under the Low-Income 

13 Home Energy Assistance Act of 1981 (42 

14 U.S.C. 8621 et seq.), provided that such basis 

15 is at least 200 percent of the poverty level de16 termined in accordance with criteria established 

17 by the Director of the Office of Management 

18 and Budget. 

19 (14) MULTI-FAMILY AFFORDABLE HOUSING

20 COMPLEX.—The term ‘‘multi-family affordable hous21 ing complex’’ means any federally subsidized afford22 able housing complex in which at least 50 percent of 

23 the units are reserved for low-income households. 

24 (15) NATIVE HAWAIIAN COMMUNITY-BASED OR25 GANIZATION.—The term ‘‘Native Hawaiian commuVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 nity-based organization’’ means any organization 

2 that is composed primarily of Native Hawaiians 

3 from a specific community and that assists in the 

4 social, cultural, and educational development of Na5 tive Hawaiians in that community. 

6 (16) PROGRAM.—The term ‘‘program’’ means 

7 the program established under subsection (b). 

8 (17) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Energy. 

10 (18) SOLAR GENERATING FACILITY.—The term 

11 ‘‘solar generating facility’’ means— 

12 (A) a generator that creates electricity 

13 from light photons; and 

14 (B) the accompanying hardware enabling 

15 that electricity to flow— 

16 (i) onto the electric grid; 

17 (ii) into a facility or structure; or 

18 (iii) into an energy storage device. 

19 (19) STATE.—The term ‘‘State’’ means each of 

20 the 50 States, the District of Columbia, Guam, the 

21 Commonwealth of Puerto Rico, the Northern Mar22 iana Islands, the Virgin Islands, and American 

23 Samoa. 

24 (20) SUBSCRIBER.—The term ‘‘subscriber’’ 

25 means a person who— 


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1 (A) owns a community solar subscription, 

2 or an equivalent unit or share of the capacity 

3 or generation of a community solar facility; or 

4 (B) financially benefits from a community 

5 solar facility, even if the person does not own 

6 a community solar subscription for the facility. 

7 (21) UNDERSERVED AREA.—The term ‘‘under8 served area’’ means— 

9 (A) a geographical area with low or no 

10 photovoltaic solar deployment, as determined by 

11 the Secretary; 

12 (B) a geographical area that has low or no 

13 access to electricity, as determined by the Sec14 retary; 

15 (C) a geographical area with an average 

16 annual residential retail electricity price that 

17 exceeds the national average annual residential 

18 retail electricity price (as reported by the En19 ergy Information Agency) by 50 percent or 

20 more; or 

21 (D) trust land, as defined in section 3765 

22 of title 38, United States Code. 

23 (b) ESTABLISHMENT.—The Secretary shall establish 

24 a program to provide financial assistance to eligible enti25 ties to— 


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1 (1) carry out planning projects that are nec2 essary to establish the feasibility, obtain required 

3 permits, identify beneficiaries, or secure subscribers 

4 to install a covered facility; or 

5 (2) install a covered facility for beneficiaries in 

6 accordance with this section. 

7 (c) APPLICATIONS.— 

8 (1) IN GENERAL.—To be eligible to receive as9 sistance under the program, an eligible entity shall 

10 submit to the Secretary an application at such time, 

11 in such manner, and containing such information as 

12 the Secretary may require. 

13 (2) INCLUSION FOR INSTALLATION ASSIST14 ANCE.— 

15 (A) REQUIREMENTS.—For an eligible enti16 ty to receive assistance for a project to install 

17 a covered facility, the Secretary shall require 

18 the eligible entity to include— 

19 (i) information in the application that 

20 is sufficient to demonstrate that the eligi21 ble entity has obtained, or has the capacity 

22 to obtain, necessary permits, subscribers, 

23 access to an installation site, and any other 

24 items or agreements necessary to comply 

25 with an agreement under subsection (g)(1) 


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1 and to complete the installation of the ap2 plicable covered facility; 

3 (ii) a description of the mechanism 

4 through which financial benefits will be 

5 distributed to beneficiaries or subscribers; 

6 and 

7 (iii) an estimate of the anticipated fi8 nancial benefit for beneficiaries or sub9 scribers. 

10 (B) CONSIDERATION OF PLANNING

11 PROJECTS.—The Secretary shall consider the 

12 successful completion of an eligible planning 

13 project pursuant to subsection (b)(1) by the eli14 gible entity to be sufficient to demonstrate the 

15 ability of the eligible entity to meet the require16 ments of subparagraph (A)(i). 

17 (d) SELECTION.— 

18 (1) IN GENERAL.—In selecting eligible projects 

19 to receive assistance under the program, the Sec20 retary shall— 

21 (A) prioritize— 

22 (i) eligible installation projects that 

23 will result in the most financial benefit for 

24 subscribers, as determined by the Sec25 retary; 


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1 (ii) eligible installation projects that 

2 will result in development of covered facili3 ties in underserved areas; and 

4 (iii) eligible projects that include ap5 prenticeship, job training, or community 

6 participation as part of their application; 

7 and 

8 (B) ensure that such assistance is provided 

9 in a manner that results in eligible projects 

10 being carried out on a geographically diverse 

11 basis within and among covered States. 

12 (2) DETERMINATION OF FINANCIAL BEN13 EFIT.—In determining the amount of financial ben14 efit for low-income households of an eligible installa15 tion project, the Secretary shall ensure that all cal16 culations for estimated household energy savings are 

17 based solely on electricity offsets from the applicable 

18 covered facility and use formulas established by the 

19 State or local government with jurisdiction over the 

20 applicable covered facility for verifiable household 

21 energy savings estimates that accrue to low-income 

22 households. 

23 (e) ASSISTANCE.— 

24 (1) FORM.—The Secretary may provide assist25 ance under the program in the form of a grant 


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1 (which may be in the form of a rebate) or a low-in2 terest loan. 

3 (2) MULTIPLE PROJECTS FOR SAME FACIL4 ITY.— 

5 (A) IN GENERAL.—An eligible entity may 

6 apply for assistance under the program for an 

7 eligible planning project and an eligible installa8 tion project for the same covered facility. 

9 (B) SEPARATE SELECTIONS.—Selection by 

10 the Secretary for assistance under the program 

11 of an eligible planning project does not require 

12 the Secretary to select for assistance under the 

13 program an eligible installation project for the 

14 same covered facility. 

15 (f) USE OF ASSISTANCE.— 

16 (1) ELIGIBLE PLANNING PROJECTS.—An eligi17 ble entity receiving assistance for an eligible plan18 ning project under the program may use such assist19 ance to pay the costs of pre-installation activities as20 sociated with an applicable covered facility, includ21 ing— 

22 (A) feasibility studies; 

23 (B) permitting; 

24 (C) site assessment; 


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1 (D) on-site job training, or other commu2 nity-based activities directly associated with the 

3 eligible planning project; or 

4 (E) such other costs determined by the 

5 Secretary to be appropriate. 

6 (2) ELIGIBLE INSTALLATION PROJECTS.—An 

7 eligible entity receiving assistance for an eligible in8 stallation project under the program may use such 

9 assistance to pay the costs of— 

10 (A) installation of a covered facility, in11 cluding costs associated with materials, permit12 ting, labor, or site preparation; 

13 (B) storage technology sited at a covered 

14 facility; 

15 (C) interconnection service expenses; 

16 (D) on-site job training, or other commu17 nity-based activities directly associated with the 

18 eligible installation project; 

19 (E) offsetting the cost of a subscription for 

20 a covered facility described in subparagraph (A) 

21 of subsection (a)(4) for subscribers that are 

22 members of a low income household; or 

23 (F) such other costs determined by the 

24 Secretary to be appropriate. 

25 (g) ADMINISTRATION.— 


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1 (1) AGREEMENTS.— 

2 (A) IN GENERAL.—As a condition of re3 ceiving assistance under the program, an eligi4 ble entity shall enter into an agreement with 

5 the Secretary. 

6 (B) REQUIREMENTS.—An agreement en7 tered into under this paragraph— 

8 (i) shall require the eligible entity to 

9 maintain such records and adopt such ad10 ministrative practices as the Secretary may 

11 require to ensure compliance with the re12 quirements of this section and the agree13 ment; 

14 (ii) with respect to an eligible installa15 tion project shall require that any solar 

16 generating facility installed using assist17 ance provided pursuant to the agreement 

18 comply with local building and safety codes 

19 and standards; and 

20 (iii) shall contain such other terms as 

21 the Secretary may require to ensure com22 pliance with the requirements of this sec23 tion. 

24 (C) TERM.—An agreement under this 

25 paragraph shall be for a term that begins on 


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1 the date on which the agreement is entered into 

2 and ends on the date that is 2 years after the 

3 date on which the eligible entity receives assist4 ance pursuant to the agreement, which term 

5 may be extended once for a period of not more 

6 than 1 year if the eligible entity demonstrates 

7 to the satisfaction of the Secretary that such an 

8 extension is necessary to complete the activities 

9 required by the agreement. 

10 (2) USE OF FUNDS.—Of the funds made avail11 able to provide assistance to eligible installation 

12 projects under this section over the period of fiscal 

13 years 2022 through 2031, the Secretary shall use— 

14 (A) not less than 50 percent to provide as15 sistance for eligible installation projects with re16 spect to which low-income households make up 

17 at least 50 percent of the subscribers to the 

18 project; and 

19 (B) not more than 50 percent to provide 

20 assistance for eligible installation projects with 

21 respect to which low-income households make 

22 up at least 25 percent of the subscribers to the 

23 project. 

24 (3) REGULATIONS.—Not later than 120 days 

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1 retary shall publish in the Federal Register regula2 tions to carry out this section, which shall take ef3 fect on the date of publication. 

4 (h) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There is authorized to be 

6 appropriated to the Secretary to carry out this sec7 tion $250,000,000 for each of fiscal years 2022 

8 through 2031, to remain available until expended. 

9 (2) AMOUNTS FOR PLANNING PROJECTS.—Of 

10 the amounts appropriated pursuant to this section 

11 over the period of fiscal years 2022 through 2031, 

12 the Secretary shall use not more than 15 percent of 

13 funds to provide assistance to eligible planning 

14 projects. 

15 (i) RELATIONSHIP TO OTHER ASSISTANCE.—The 

16 Secretary shall, to the extent practicable, encourage eligi17 ble entities that receive assistance under this section to 

18 leverage such funds by seeking additional funding through 

19 federally or locally subsidized weatherization and energy 

20 efficiency programs. 

21 SEC. 243. HYDROPOWER LICENSING AND PROCESS IM22 PROVEMENTS. 

23 (a) HYDROPOWER LICENSING AND PROCESS IM24 PROVEMENTS.—Part I of the Federal Power Act (16 


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1 U.S.C. 792 et seq.) is amended by adding at the end the 

2 following: 

3 ‘‘SEC. 37. HYDROPOWER LICENSING AND PROCESS IM4 PROVEMENTS. 

5 ‘‘(a) DEFINITION.—In this section, the term ‘Federal 

6 authorization’— 

7 ‘‘(1) means any authorization required under 

8 Federal law with respect to an application for a li9 cense under this part; and 

10 ‘‘(2) includes any conditions, prescriptions, per11 mits, special use authorizations, certifications, opin12 ions, or other approvals as may be required under 

13 Federal law to approve or implement the license 

14 under this part. 

15 ‘‘(b) DESIGNATION AS LEAD AGENCY.—The Com16 mission shall act as the lead agency for the purposes of 

17 complying with the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.) with respect to an applica19 tion for a license under this part. 

20 ‘‘(c) RULEMAKING TO ESTABLISH PROCESS TO SET

21 SCHEDULE.— 

22 ‘‘(1) NEGOTIATED RULEMAKING.—Not later 

23 than 90 days after the date of enactment of this sec24 tion the Commission, the Secretary of Agriculture, 

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1 mospheric Administration, and the Secretary of the 

2 Interior shall enter into a negotiated rulemaking 

3 pursuant to subchapter III of chapter 5 of title 5, 

4 United States Code, to develop and publish a rule 

5 providing a process for the Commission to evaluate, 

6 and issue a final decision on, a completed applica7 tion for a license under this part. 

8 ‘‘(2) NEGOTIATED RULEMAKING COMMITTEE.— 

9 The negotiated rulemaking committee established 

10 pursuant to the negotiated rulemaking process en11 tered into under paragraph (1) shall include rep12 resentatives of State and Indian tribal governments, 

13 and other stakeholders who will be significantly af14 fected by a rule issued under this subsection. 

15 ‘‘(3) DEADLINES.— 

16 ‘‘(A) PROPOSED RULE.—Not later than 2 

17 years after the date of enactment of this sec18 tion, the Commission shall publish a proposed 

19 rule resulting from the negotiated rulemaking 

20 under this subsection. 

21 ‘‘(B) FINAL RULE.—Not later than 3 

22 years after the date of enactment of this sec23 tion, the Commission shall publish a final rule 

24 resulting from the negotiated rulemaking under 

25 this subsection. 


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1 ‘‘(4) ELEMENTS OF RULE.—In publishing a 

2 rule under this subsection, the Commission shall en3 sure that— 

4 ‘‘(A) the rule includes a description of the 

5 Commission’s responsibility as the lead agency 

6 in coordinating Federal authorizations; 

7 ‘‘(B) the rule includes a process for devel8 opment of a schedule for the review and disposi9 tion of a completed application for a license 

10 under this part; 

11 ‘‘(C) each schedule developed pursuant to 

12 such process shall— 

13 ‘‘(i) include deadlines for actions on 

14 the applicable completed application— 

15 ‘‘(I) that are consistent with the 

16 duties of each agency under this Act 

17 and under applicable State, tribal, and 

18 other Federal laws; and 

19 ‘‘(II) by— 

20 ‘‘(aa) each Federal agency 

21 responsible for a Federal author22 ization; 

23 ‘‘(bb) each State agency, 

24 local government, or Indian tribe 

25 that may consider an aspect of 


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1 an application for a Federal au2 thorization or is responsible for 

3 conducting any separate permit4 ting and environmental reviews of 

5 the applicable project; 

6 ‘‘(cc) the applicant; 

7 ‘‘(dd) the Commission; and 

8 ‘‘(ee) other participants in a 

9 license proceeding; 

10 ‘‘(ii) facilitate the identification and 

11 completion of Federal, State, and tribal 

12 agency-requested studies, reviews, and any 

13 other procedures required to be conducted 

14 prior to, or concurrent with, the prepara15 tion of the Commission’s environmental re16 view required under the National Environ17 mental Policy Act of 1969 (42 U.S.C. 

18 4321 et seq.), to the extent practicable; 

19 and 

20 ‘‘(iii) provide for a final decision on 

21 the applicable completed application to be 

22 made by not later than 3 years after the 

23 date on which the Commission receives 

24 such completed application; 


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1 ‘‘(D) the rule includes a mechanism for re2 solving issues of concern that may delay the 

3 completion of a license application or review of 

4 a completed application; 

5 ‘‘(E) the rule includes a definition of a 

6 completed application; and 

7 ‘‘(F) the rule provides for an opportunity 

8 for public notice and comment on— 

9 ‘‘(i) a completed application; and 

10 ‘‘(ii) the schedule developed for the re11 view and disposition of the application. 

12 ‘‘(d) APPLICATION PROCESSING.—The Commission, 

13 Federal, State, and local government agencies, and Indian 

14 tribes may allow an applicant seeking a Federal authoriza15 tion to fund a third-party contractor selected by such an 

16 agency or tribe to assist in reviewing the application. All 

17 costs of an agency or tribe incurred pursuant to direct 

18 funding by the applicant, including all costs associated 

19 with the third-party contractor, shall not be considered 

20 costs of the United States for the administration of this 

21 part under section 10(e). 

22 ‘‘(e) ISSUE RESOLUTION.—The Commission may for23 ward any issue of concern that has delayed either the com24 pletion of the application or the issuance of a license for 

25 a completed application beyond the deadline set forth in 


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1 the schedule established under the final rule published 

2 under subsection (c) to the heads of the relevant State, 

3 Federal, or Indian tribal agencies for resolution. If the 

4 Commission forwards an issue of concern to the head of 

5 a relevant agency, the Commission and the relevant agen6 cy shall enter into a memorandum of understanding to fa7 cilitate interagency coordination and resolution of the 

8 issue of concern, as appropriate. 

9 ‘‘(f) NO EFFECT ON OTHER LAWS.—Nothing in this 

10 section— 

11 ‘‘(1) expands or limits the application of any 

12 power or authority vested in an agency, State, or In13 dian tribe by any applicable law or regulation; 

14 ‘‘(2) shall be construed to affect any require15 ments of State, tribal, or other Federal law (includ16 ing under the Federal Water Pollution Control Act, 

17 the Fish and Wildlife Coordination Act, the Endan18 gered Species Act of 1973, section 14 of the Act of 

19 March 3, 1899 (commonly known as the Rivers and 

20 Harbors Appropriation Act of 1899), the Coastal 

21 Zone Management Act of 1972, the Magnuson-Ste22 vens Fishery Conservation and Management Act, 

23 and those provisions in subtitle III of title 54, 

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1 tional Historic Preservation Act) with respect to an 

2 application for a license under this part; or 

3 ‘‘(3) abrogates, diminishes, or otherwise affects 

4 any treaty or other right of any Indian tribe. 

5 ‘‘SEC. 38. LICENSING STUDY IMPROVEMENTS. 

6 ‘‘(a) IN GENERAL.—To facilitate the timely and effi7 cient completion of the license proceedings under this part, 

8 the Commission shall, in consultation with applicable Fed9 eral and State agencies and interested members of the 

10 public— 

11 ‘‘(1) compile current and accepted best prac12 tices in performing studies required in such license 

13 proceedings, including methodologies and the design 

14 of studies to assess the full range of environmental 

15 impacts of a project that reflect the most recent 

16 peer-reviewed science; 

17 ‘‘(2) compile a comprehensive collection of stud18 ies and data accessible to the public that could be 

19 used to inform license proceedings under this part; 

20 and 

21 ‘‘(3) encourage license applicants, agencies, and 

22 Indian tribes to develop and use, for the purpose of 

23 fostering timely and efficient consideration of license 

24 applications, a limited number of open-source meth25 odologies and tools applicable across a wide array of 


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1 projects, including water balance models and 

2 streamflow analyses. 

3 ‘‘(b) USE OF STUDIES.—To the extent practicable, 

4 the Commission and other Federal, State, and local gov5 ernment agencies and Indian tribes considering an aspect 

6 of an application for Federal authorization (as defined in 

7 section 37) shall use relevant, existing studies and data 

8 and avoid duplicating such studies that are applicable to 

9 the project. Studies repeated for the purpose of character10 izing seasonal or annual variation of a relevant char11 acteristic or resource shall not be considered duplicative. 

12 ‘‘SEC. 39. EVALUATION OF EXPEDITED LICENSING FOR 

13 QUALIFYING PROJECT UPGRADES. 

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

15 ‘‘(1) EXPEDITED LICENSE AMENDMENT PROC16 ESS.—The term ‘expedited license amendment proc17 ess’ means an expedited process for issuing an 

18 amendment to an existing license issued under this 

19 part for a project. 

20 ‘‘(2) QUALIFYING PROJECT UPGRADE.—The 

21 term ‘qualifying project upgrade’ means a change— 

22 ‘‘(A) to a project; and 

23 ‘‘(B) that meets the criteria under sub24 section (b). 


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1 ‘‘(b) IN GENERAL.—To improve the regulatory proc2 ess and reduce the time and cost of making upgrades to 

3 existing projects, the Commission shall investigate the fea4 sibility of implementing an expedited license amendment 

5 process for a change to a project that meets the following 

6 criteria: 

7 ‘‘(1) The change to the project— 

8 ‘‘(A) is limited to the power house equip9 ment of the project; or 

10 ‘‘(B) will result in environmental protec11 tion, mitigation, or enhancement measures to 

12 benefit fish and wildlife resources or other nat13 ural or cultural resources. 

14 ‘‘(2) The change to the project is unlikely to 

15 adversely affect any species listed as threatened or 

16 endangered under the Endangered Species Act of 

17 1973 (16 U.S.C. 1531 et seq.), as determined by the 

18 Secretary of the Interior. 

19 ‘‘(3) The Commission ensures, in accordance 

20 with section 7 of the Endangered Species Act of 

21 1973 (16 U.S.C. 1536), that the change to the 

22 project will not result in the destruction or modifica23 tion of critical habitat. 


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1 ‘‘(4) The change to the project is consistent 

2 with any applicable comprehensive plan under sec3 tion 10(a). 

4 ‘‘(5) The change to the project is unlikely to 

5 adversely affect water quality and water supply, as 

6 determined in consultation with any applicable State 

7 or Indian tribe. 

8 ‘‘(6) Any adverse environmental effects result9 ing from the change to the project will be insignifi10 cant. 

11 ‘‘(c) WORKSHOPS AND PILOTS.—The Commission 

12 shall— 

13 ‘‘(1) not later than 60 days after the date of 

14 enactment of this section, hold an initial workshop 

15 to solicit public comment and recommendations on 

16 how to implement an expedited license amendment 

17 process for qualifying project upgrades; 

18 ‘‘(2) evaluate pending applications for an 

19 amendment to an existing license of a project for a 

20 qualifying project upgrade that may benefit from an 

21 expedited license amendment process; 

22 ‘‘(3) not later than 180 days after the date of 

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1 sibility and utility of an expedited license amend2 ment process for qualifying project upgrades; and 

3 ‘‘(4) not later than 3 months after the end of 

4 the 3-year pilot program under paragraph (3), hold 

5 a final workshop to solicit public comment on the ex6 pedited license amendment process. 

7 ‘‘(d) MEMORANDUM OF UNDERSTANDING.—The 

8 Commission shall, to the extent practicable, enter into a 

9 memorandum of understanding with any applicable Fed10 eral, State, or tribal agency to implement the pilot pro11 gram described in subsection (c). 

12 ‘‘(e) REPORTS.—Not later than 3 months after the 

13 date of the final workshop held pursuant to subsection 

14 (c)(4), the Commission shall submit to the Committee on 

15 Energy and Commerce of the House of Representatives 

16 and the Committee on Energy and Natural Resources of 

17 the Senate a report that includes— 

18 ‘‘(1) a summary of the public comments re19 ceived as part of the initial workshop held under 

20 subsection (c)(1); 

21 ‘‘(2) a summary of the public comments re22 ceived as part of the final workshop held under sub23 section (c)(4); 


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1 ‘‘(3) a description of the expedited license 

2 amendment process for qualifying project upgrades 

3 evaluated under the pilot program, including— 

4 ‘‘(A) a description of the procedures or re5 quirements that were waived under the expe6 dited license amendment process; and 

7 ‘‘(B) a comparison between— 

8 ‘‘(i) the average amount of time re9 quired to complete the licensing process for 

10 an amendment to a license under the expe11 dited license amendment process tested 

12 under the pilot program; and 

13 ‘‘(ii) the average amount of time re14 quired to complete the licensing process for 

15 a similar amendment to a license under 

16 current Commission processes; 

17 ‘‘(4) the number of requests received by the 

18 Commission to participate in the expedited license 

19 amendment process for qualifying project upgrades; 

20 ‘‘(5) a description of changes to Commission 

21 rules required to create and standardize an expe22 dited license amendment process for qualifying 

23 project upgrades; and 

24 ‘‘(6) a description of factors that prevented any 

25 participant in the pilot program from completing the 


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1 expedited license amendment process in the expe2 dited timeframe. 

3 ‘‘(f) IMPLEMENTATION.—If the Commission deter4 mines, based upon the workshops and results of the pilot 

5 program under subsection (c), that an expedited license 

6 amendment process will reduce the time and costs for 

7 issuing amendments to licenses for qualifying project up8 grades, the Commission shall revise its policies and regula9 tions, in accordance with applicable law, to establish an 

10 expedited license amendment process. 

11 ‘‘(g) PUBLIC INPUT.—In carrying out subsection (f), 

12 the Commission shall solicit and consider public comments 

13 before finalizing any change to policies or regulations.’’. 

14 (b) PILOT PROGRAM FOR CONSOLIDATED LICENSING

15 PROCESS FOR INTRA-WATERSHED PROJECTS.— 

16 (1) DEFINITIONS.—In this subsection: 

17 (A) COMMISSION.—The term ‘‘Commis18 sion’’ means the Federal Energy Regulatory 

19 Commission. 

20 (B) PROJECT.—The term ‘‘project’’ has 

21 the meaning given such term in section 3 of the 

22 Federal Power Act (16 U.S.C. 796). 

23 (2) INITIAL WORKSHOP.—Not later than 3 

24 months after the date of enactment of this Act, the 

25 Commission shall hold a workshop to solicit public 


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1 comment and recommendations on how to implement 

2 a pilot program described in paragraph (3). 

3 (3) ESTABLISHMENT OF PILOT PROGRAM.—The 

4 Commission shall establish a voluntary pilot pro5 gram to enable the Commission to consider multiple 

6 projects together in a consolidated licensing process 

7 in order to issue a license under part I of the Fed8 eral Power Act (16 U.S.C. 792 et seq.) for each 

9 such project. 

10 (4) CANDIDATE PROJECT IDENTIFICATION.— 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Commission, in consultation with the 

13 head of any applicable Federal or State agency or 

14 Indian Tribe and licensees, shall identify and solicit 

15 candidate projects to participate in the pilot pro16 gram established under paragraph (3). In order to 

17 participate in such pilot program a project shall 

18 meet the following criteria: 

19 (A) The current license for the project ex20 pires between 2021 and 2030 or the project is 

21 not licensed under part I of the Federal Power 

22 Act (16 U.S.C. 792 et seq.). 

23 (B) The project is located within the same 

24 watershed as other projects that are eligible to 

25 participate in the pilot program. 


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1 (C) The project is located in sufficiently 

2 close proximity and has environmental condi3 tions that are sufficiently similar to other 

4 projects that are eligible to participate in the 

5 pilot program so that watershed-wide studies 

6 and information may be developed, thereby sig7 nificantly reducing the need for, and scope of, 

8 individual project-level studies and information. 

9 (5) DESIGNATION OF INDIVIDUAL PROJECTS AS

10 A SINGLE GROUP.—The Commission may designate 

11 a group of projects to be considered together in a 

12 consolidated licensing process under the pilot pro13 gram established under paragraph (3). The Commis14 sion may designate such a group only if each li15 censee (or applicant) for a project in the group, on 

16 a voluntary basis and in writing, agrees— 

17 (A) to participate in the pilot program; 

18 and 

19 (B) to a cost-sharing arrangement with 

20 other licensees (or applicants) and applicable 

21 Federal and State agencies with respect to the 

22 conduct of watershed-wide studies to be consid23 ered in support of the license applications for 

24 the group of projects. 


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1 (6) PROJECT LICENSE TERMS.—The Commis2 sion may change the term of any existing license for 

3 an individual licensee in a group designated under 

4 paragraph (5) by up to 5 years— 

5 (A) to provide sufficient time to develop a 

6 consolidated study plan for— 

7 (i) studies for individual projects in 

8 the group, as necessary; and 

9 (ii) relevant watershed-wide studies 

10 for purposes of the consolidated licensing 

11 process under the pilot program estab12 lished under paragraph (3) that will be ap13 plicable to each project in the group; and 

14 (B) to align the terms of the existing li15 censes such that they expire on the same date. 

16 (7) MEMORANDUM OF UNDERSTANDING.—The 

17 Commission shall, to the extent practicable, enter 

18 into a memorandum of understanding with any ap19 plicable Federal or State agency or Indian Tribe to 

20 implement the pilot program established under para21 graph (3). 

22 (8) INITIAL REPORT.—Not later than 3 months 

23 after the date of the initial workshop held pursuant 

24 to paragraph (2), the Commission shall submit to 

25 the Committee on Energy and Commerce of the 


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1 House of Representatives and the Committee on En2 ergy and Natural Resources of the Senate a report 

3 that includes— 

4 (A) a summary of the public comments re5 ceived as part of such initial workshop; and 

6 (B) a preliminary plan for identifying and 

7 soliciting participants in the pilot program es8 tablished under paragraph (3). 

9 (9) INTERIM REPORT.—Not later than 4 years 

10 after the establishment of the pilot program under 

11 paragraph (3), the Commission shall submit to the 

12 Committee on Energy and Commerce of the House 

13 of Representatives and the Committee on Energy 

14 and Natural Resources of the Senate a report that 

15 includes— 

16 (A) a description of the status of the pilot 

17 program, including a description of the indi18 vidual projects that are participating in the 

19 pilot program and the watersheds in which such 

20 projects are located; or 

21 (B) if no projects are participating in the 

22 pilot program, a summary of any barriers the 

23 Commission has identified to proceeding with 

24 the pilot program and the reasons provided by 


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1 potential participants for their preference for 

2 using an individual license process. 

3 (c) INTERAGENCY COMMUNICATIONS AND COOPERA4 TION.—Part I of the Federal Power Act (16 U.S.C. 792 

5 et seq.) is further amended by adding at the end the fol6 lowing new section: 

7 ‘‘SEC. 40. INTERAGENCY COMMUNICATIONS AND COOPERA8 TION. 

9 ‘‘(a) EX PARTE COMMUNICATIONS.—Interagency 

10 communications relating to the preparation of environ11 mental documents under the National Environmental Pol12 icy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 

13 an application for a license under this part, or to the li14 censing process for a license under this part, shall not be 

15 considered to be ex parte communications under Commis16 sion rules. 

17 ‘‘(b) PARTICIPATION IN PROCEEDINGS.—Interagency 

18 cooperation, at any time, in the preparation of environ19 mental documents under the National Environmental Pol20 icy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 

21 an application for a license under this part, or in the li22 censing process for a license under this part, shall not pre23 clude an agency from participating in a licensing pro24 ceeding under this part. 


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1 ‘‘(c) SEPARATION OF STAFF.—Notwithstanding sub2 section (a), to the extent the Commission determines nec3 essary, the Commission may require Federal and State 

4 agencies participating as cooperating agencies under the 

5 National Environmental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.) to demonstrate a separation of staff that 

7 are cooperating with the Commission with respect to a 

8 proceeding under this part from staff that may participate 

9 in an intervention in the applicable proceeding.’’. 

10 (d) TECHNICAL AMENDMENTS.— 

11 (1) ALTERNATIVE CONDITIONS.—Section 

12 33(a)(2)(B) of the Federal Power Act (16 U.S.C. 

13 823d(a)(2)(B)) is amended, in the matter preceding 

14 clause (i), by inserting ‘‘deemed necessary’’ before 

15 ‘‘by the Secretary’’. 

16 (2) LICENSES.—Section 4(e) of the Federal 

17 Power Act (16 U.S.C. 797(e)) is amended by strik18 ing ‘‘adequate protection and utilization of such res19 ervation’’ and all that follows through ‘‘That no li20 cense affecting the navigable capacity’’ and inserting 

21 ‘‘adequate protection and utilization of such reserva22 tion. The license applicant and any party to the pro23 ceeding shall be entitled to a determination on the 

24 record, after opportunity for an agency trial-type 

25 hearing of no more than 90 days, on any disputed 


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1 issues of material fact with respect to such condi2 tions. All disputed issues of material fact raised by 

3 any party shall be determined in a single trial-type 

4 hearing to be conducted by the relevant resource 

5 agency in accordance with the regulations promul6 gated under this subsection and within the time7 frame established by the Commission for each li8 cense proceeding. Within 90 days of the date of en9 actment of the Energy Policy Act of 2005, the Sec10 retaries of the Interior, Commerce, and Agriculture 

11 shall establish jointly, by rule, the procedures for 

12 such expedited trial-type hearing, including the op13 portunity to undertake discovery and cross-examine 

14 witnesses, in consultation with the Federal Energy 

15 Regulatory Commission: Provided further, That no 

16 license affecting the navigable capacity’’. 

17 (e) IMPROVING CONSULTATION WITH INDIAN

18 TRIBES.— 

19 (1) GUIDANCE DOCUMENT.— 

20 (A) IN GENERAL.—Not later than one year 

21 after the date of enactment of this Act, the 

22 Federal Energy Regulatory Commission and 

23 the Secretary of the Interior shall prepare, in 

24 consultation with interested Indian Tribes, li25 censees under part I of the Federal Power Act, 


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1 and the public, a guidance document that iden2 tifies best practices for the Commission, Fed3 eral and State resource agencies, Indian Tribes, 

4 and applicants for licenses under part I of the 

5 Federal Power Act for effective engagement of 

6 Indian Tribes in the consideration of applica7 tions for licenses under part I of the Federal 

8 Power Act that may affect an Indian reserva9 tion, a treaty, or other right of an Indian Tribe. 

10 (B) UPDATES.—The Commission and Sec11 retary shall update the guidance document pre12 pared under subparagraph (A) every 10 years. 

13 (C) PUBLIC PARTICIPATION.—In preparing 

14 or updating the guidance document, the Com15 mission and the Secretary shall convene public 

16 meetings at different locations in the United 

17 States, and shall provide an opportunity for 

18 written public comments. 

19 (2) PUBLIC WORKSHOPS.— 

20 (A) IN GENERAL.—Not later than one year 

21 after preparing or updating the guidance docu22 ment under paragraph (1), the Commission 

23 shall convene public workshops, held at dif24 ferent locations in the United States, to inform 

25 and educate Commission staff, Federal and 


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1 State resource agencies, Indian Tribes, appli2 cants for licenses under part I of the Federal 

3 Power Act, and interested members of the pub4 lic, on the best practices identified in the guid5 ance document. 

6 (B) CONSULTATION.—In preparing the 

7 agenda for such workshops, the Commission 

8 shall consult with the Secretary of the Interior, 

9 interested Indian Tribes, and licensees under 

10 part I of the Federal Power Act. 

11 (f) TRIBAL MANDATORY CONDITIONS.— 

12 (1) IN GENERAL.—Section 4 of the Federal 

13 Power Act (16 U.S.C. 797) is amended— 

14 (A) in subsection (e), in the first proviso, 

15 by inserting ‘‘, or, in the case of tribal land, 

16 subject to subsection (h), the Indian tribe hav17 ing jurisdiction over the tribal land,’’ after 

18 ‘‘under whose supervision such reservation 

19 falls’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(h) TRIBAL MANDATORY CONDITIONS.— 

22 ‘‘(1) CRITERIA.—An Indian tribe may deem 

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1 ferred to in this subsection as the ‘Secretary’) deter2 mines that the Indian tribe has— 

3 ‘‘(A) confirmed the intent of the Indian 

4 tribe to deem conditions necessary under the 

5 first proviso of subsection (e) by resolution or 

6 other official action by the governing body of 

7 the Indian tribe; 

8 ‘‘(B) demonstrated financial stability and 

9 financial management capability over the 3-fis10 cal-year period preceding the date of the deter11 mination of the Secretary under this paragraph; 

12 and 

13 ‘‘(C) demonstrated the ability to plan, con14 duct, and administer all services, functions, and 

15 activities that would otherwise be administered 

16 by the Secretary with respect to deeming condi17 tions necessary on tribal land under the first 

18 proviso of subsection (e). 

19 ‘‘(2) DETERMINATION ON REQUEST.—On re20 quest of an Indian tribe, not later than 1 year after 

21 the date on which the Secretary receives the request, 

22 the Secretary shall make the determination under 

23 paragraph (1). 

24 ‘‘(3) WITHDRAWAL OF DETERMINATION.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), if the Secretary determines that an 

3 Indian tribe no longer meets the criteria under 

4 paragraph (1), the Secretary may withdraw the 

5 determination under paragraph (2). 

6 ‘‘(B) NOTICE AND OPPORTUNITY TO RE7 SPOND.—Before withdrawing a determination 

8 under subparagraph (A), the Secretary shall 

9 provide to the Indian tribe— 

10 ‘‘(i) notice of the proposed with11 drawal; and 

12 ‘‘(ii) an opportunity to respond and, if 

13 necessary, redress the deficiencies identi14 fied by the Secretary.’’. 

15 (2) ALTERNATIVE CONDITIONS.—Section 33(a) 

16 of the Federal Power Act (16 U.S.C. 823d(a)) is 

17 amended— 

18 (A) in paragraph (1), by inserting ‘‘or an 

19 Indian tribe’’ before ‘‘deems a condition’’; 

20 (B) in paragraph (2), by inserting ‘‘or In21 dian tribe’’ after ‘‘the Secretary’’ each place it 

22 appears; 

23 (C) in paragraph (3), by inserting ‘‘or In24 dian tribe’’ after ‘‘the Secretary’’ each place it 

25 appears; 


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1 (D) in paragraph (4)— 

2 (i) by inserting ‘‘or Indian tribe’’ be3 fore ‘‘concerned shall submit’’; 

4 (ii) by inserting ‘‘or Indian tribe’’ be5 fore ‘‘gave equal consideration’’; 

6 (iii) by inserting ‘‘or Indian tribe’’ 

7 after ‘‘may be available to the Secretary’’; 

8 (iv) by inserting ‘‘or Indian tribe’’ be9 fore ‘‘shall also submit,’’; and 

10 (v) by striking ‘‘available to the Sec11 retary and relevant to the Secretary’s deci12 sion’’ and inserting ‘‘available to the Sec13 retary or Indian tribe and relevant to the 

14 decision of the Secretary or Indian tribe’’; 

15 and 

16 (E) in paragraph (5)— 

17 (i) by striking ‘‘Secretary’s final con18 dition’’ and inserting ‘‘final condition of 

19 the Secretary or Indian tribe’’; 

20 (ii) by inserting ‘‘or Indian tribe’’ 

21 after ‘‘consult with the Secretary’’; 

22 (iii) by inserting ‘‘or Indian tribe’’ be23 fore ‘‘may accept the Dispute Resolution’’; 

24 (iv) by inserting ‘‘or Indian tribe’’ 

25 after ‘‘advisory unless the Secretary’’; 


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1 (v) by inserting ‘‘or Indian tribe’’ be2 fore ‘‘shall submit the advisory and’’; and 

3 (vi) by striking ‘‘Secretary’s final 

4 written determination’’ and inserting ‘‘final 

5 written determination of the Secretary or 

6 Indian tribe’’. 

7 (g) CONSIDERATION OF INVASIVE SPECIES.—Section 

8 18 of the Federal Power Act (16 U.S.C. 811) is amended 

9 by inserting after ‘‘the Secretary of Commerce.’’ the fol10 lowing: ‘‘In prescribing a fishway, the Secretary of Com11 merce or the Secretary of the Interior, as appropriate, 

12 shall consider the threat of invasive species.’’. 

13 SEC. 244. LONG-TERM NUCLEAR POWER PURCHASE AGREE14 MENT PILOT PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary of Energy 

16 shall establish a pilot program for a long-term power pur17 chase agreement. 

18 (b) REQUIREMENTS.—In developing the pilot pro19 gram under this section, the Secretary shall— 

20 (1) consult with the heads of other Federal de21 partments and agencies that may benefit from pur22 chasing nuclear power for a period of longer than 10 

23 years; and 

24 (2) not later than December 31, 2023, enter 

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1 duced in a nuclear reactor by a person to whom a 

2 license is issued under section 103 of the Atomic 

3 Energy Act of 1954 after January 1, 2020. 

4 (c) FACTORS FOR CONSIDERATION.— 

5 (1) IN GENERAL.—In carrying out this section, 

6 the Secretary may only consider power purchase 

7 agreements for first-of-a-kind or early deployment 

8 nuclear technologies that can provide reliable and re9 silient power to high-value assets for national secu10 rity purposes or other purposes as the Secretary de11 termines to be in the national interest, especially in 

12 remote off-grid scenarios or grid-connected scenarios 

13 that can provide capabilities commonly known as 

14 ‘‘islanding power capabilities’’ during an emergency 

15 scenario. 

16 (2) EFFECT ON RATES.—An agreement to pur17 chase power under this section may be at a rate that 

18 is higher than the average market rate. 

19 SEC. 245. DISTRIBUTED RENEWABLE ENERGY. 

20 (a) DEFINITIONS.—In this section: 

21 (1) AUTHORITY HAVING JURISDICTION.—The 

22 term ‘‘authority having jurisdiction’’ means any 

23 State, county, local, or Tribal office or official with 

24 jurisdiction— 

25 (A) to issue permits; 


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1 (B) to conduct inspections to enforce the 

2 requirements of a relevant code or standard; or 

3 (C) to approve the installation of, or the 

4 equipment and materials used in the installa5 tion of, qualifying distributed energy systems. 

6 (2) DISTRIBUTED ENERGY SYSTEM IN7 STALLER.—The term ‘‘distributed energy system in8 staller’’ means an entity or individual— 

9 (A) with knowledge and skills relating to— 

10 (i) the construction and operation of 

11 the equipment used in qualifying distrib12 uted energy systems; and 

13 (ii) the installation of qualifying dis14 tributed energy systems; and 

15 (B) that has employed safety training to 

16 recognize and avoid the hazards involved in con17 structing, operating, and installing qualifying 

18 distributed energy systems. 

19 (3) QUALIFYING DISTRIBUTED ENERGY SYS20 TEM.—The term ‘‘qualifying distributed energy sys21 tem’’ means any equipment or materials installed in, 

22 on, or near a residential, commercial, or industrial 

23 building to support onsite or local energy use, in24 cluding— 


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1 (A) to generate electricity from distributed 

2 renewable energy sources, including from— 

3 (i) solar photovoltaic modules or simi4 lar solar energy technologies; 

5 (ii) wind power systems; and 

6 (iii) hydrogen electrolysis and fuel cell 

7 systems; 

8 (B) to store and discharge electricity from 

9 batteries with a capacity of at least 2 kilowatt 

10 hours; 

11 (C) to charge a plug-in electric drive vehi12 cle at a power rate of at least 2 kilowatts; 

13 (D) to refuel a fuel cell electric vehicle; or 

14 (E) to generate electricity from fuel cell 

15 systems with a capacity of at least 2 kilowatt 

16 hours. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Energy. 

19 (b) ESTABLISHMENT OF PROGRAM TO FACILITATE

20 VOLUNTARY STREAMLINED PROCESS FOR LOCAL PER21 MITTING OF QUALIFYING DISTRIBUTED ENERGY SYS22 TEMS.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of this Act, the Sec25 retary, in consultation with trade associations and 


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1 other entities representing distributed energy system 

2 installers and organizations representing State, local, 

3 and Tribal governments engaged in permitting, shall 

4 establish and carry out a program to establish a vol5 untary streamlined permitting process for local per6 mitting and inspection of qualifying distributed en7 ergy systems, in concert with relevant national con8 sensus-based codes and specifications and standards 

9 referenced therein. 

10 (2) ACTIVITIES OF THE PROGRAM.—In carrying 

11 out the program established under paragraph (1), 

12 the Secretary shall— 

13 (A) facilitate the development and mainte14 nance of a streamlined permitting process that 

15 includes a national online permitting platform 

16 for expediting, standardizing, and streamlining 

17 permitting, that authorities having jurisdiction 

18 may use to receive, review, and approve permit 

19 applications relating to qualifying distributed 

20 energy systems; 

21 (B) establish a model expedited permit-to22 build protocol for qualifying distributed energy 

23 systems; 

24 (C) provide technical assistance to authori25 ties having jurisdiction on using and adopting— 


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1 (i) the streamlined permitting process 

2 described in subparagraph (A); and 

3 (ii) the model expedited permit-to4 build protocol described in subparagraph 

5 (B); 

6 (D) develop and maintain a voluntary na7 tional inspection protocol integrated with the 

8 national online permitting system described in 

9 subparagraphs (A) and (B) and related tools to 

10 expedite, standardize, and streamline the in11 spection of qualifying distributed energy sys12 tems, including— 

13 (i) by investigating the potential for 

14 using remote inspections; and 

15 (ii) by investigating the potential for 

16 sample-based inspection for distributed en17 ergy system installers with a demonstrated 

18 track record of high-quality work; and 

19 (E) take any other action to expedite, 

20 standardize, streamline, or improve the process 

21 for permitting, inspecting, or interconnecting 

22 qualifying distributed energy systems. 

23 (3) SUPPORT SERVICES.—The Secretary shall— 

24 (A) provide technical assistance to authori25 ties having jurisdiction, any administrator of a 


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1 national online permitting platform, government 

2 software providers, and any other entity deter3 mined appropriate by the Secretary in carrying 

4 out the activities described in paragraph (2); 

5 and 

6 (B) provide such financial assistance as 

7 the Secretary determines appropriate from any 

8 funds appropriated to carry out this section. 

9 (c) DISTRIBUTED ENERGY OPPORTUNITY COMMU10 NITIES.— 

11 (1) IN GENERAL.—The Secretary shall recog12 nize and certify certain communities as ‘‘Distributed 

13 Energy Opportunity Communities’’. 

14 (2) QUALIFICATIONS.—The Secretary may cer15 tify a State, local community, or Tribe as a ‘‘Dis16 tributed Energy Opportunity Community’’ if that 

17 State, local community, or Tribe has adopted and 

18 implemented the model expedited permit-to-build 

19 protocol established under the program established 

20 under subsection (b). 

21 (3) PROCESS.—The Secretary may confer a cer22 tification under paragraph (1) through existing pro23 grams of the Department of Energy. 

24 (4) GRANTS.—The Secretary may award com25 petitive grants, using funds appropriated to the SecVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 retary to carry out this section, to encourage com2 munities to adopt the model expedited permit-to3 build protocol and the standardized inspection proc4 ess established under the program established under 

5 subsection (b). 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary to carry 

8 out this section $20,000,000 for each of fiscal years 2022 

9 through 2031. 

10 SEC. 246. POWER PURCHASE AGREEMENTS. 

11 Section 501(b)(1) of title 40, United States Code, is 

12 amended by striking subparagraph (B) and inserting the 

13 following: 

14 ‘‘(B) PUBLIC UTILITY CONTRACTS.— 

15 ‘‘(i) TERM.— 

16 ‘‘(I) IN GENERAL.—A contract 

17 under this paragraph to purchase 

18 electricity produced by a public utility 

19 using zero-emission technology may be 

20 made for a period of not more than 

21 40 years. 

22 ‘‘(II) OTHER PUBLIC UTILITY

23 SERVICES.—A contract under this 

24 paragraph for a public utility service 

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1 clause (I) may be made for a period 

2 of not more than 10 years. 

3 ‘‘(ii) COSTS.—The cost of a contract 

4 under this paragraph for any fiscal year 

5 may be paid from the appropriations for 

6 that fiscal year. 

7 ‘‘(iii) ZERO-EMISSION TECHNOLOGY

8 DEFINED.—In this subparagraph, the term 

9 ‘zero-emission technology’ means a gener10 ator that uses a technology or combination 

11 of technologies that— 

12 ‘‘(I) has a carbon intensity of 

13 zero; and 

14 ‘‘(II) is placed into service after 

15 the date of enactment of the CLEAN 

16 Future Act.’’. 

17 SEC. 247. HYDROPOWER REGULATORY IMPROVEMENTS. 

18 (a) MODIFYING THE DEFINITION OF RENEWABLE

19 ENERGY TO INCLUDE HYDROPOWER.—Section 203 of the 

20 Energy Policy Act of 2005 (42 U.S.C. 15852) is amend21 ed— 

22 (1) in subsection (a), by amending paragraphs 

23 (1) through (3) to read as follows: 

24 ‘‘(1) Not less than 25 percent in fiscal years 

25 2022 through 2026. 


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1 ‘‘(2) Not less than 30 percent in fiscal years 

2 2027 through 2031. 

3 ‘‘(3) Not less than 50 percent in fiscal year 

4 2032 and each fiscal year thereafter.’’; and 

5 (2) in subsection (b), by striking paragraph (2) 

6 and inserting the following: 

7 ‘‘(2) RENEWABLE ENERGY.—The term ‘renew8 able energy’ means electric energy generated from 

9 solar, wind, biomass, landfill gas, ocean (including 

10 tidal, wave, current, and thermal), geothermal, or 

11 municipal solid waste, or from a hydropower 

12 project.’’. 

13 SEC. 248. STUDY ON EQUITABLE DISTRIBUTION OF BENE14 FITS OF CLEAN ENERGY. 

15 (a) FRONTLINE COMMUNITY.—In this section, the 

16 term ‘‘frontline community’’ means a community with sig17 nificant representation of communities of color, low-in18 come communities, or Tribal and indigenous communities, 

19 that experiences, or is at risk of experiencing, higher or 

20 more adverse human health or environmental effects. 

21 (b) STUDY.—Not later than 1 year after the date of 

22 the enactment of this Act, the Secretary of Energy shall 

23 enter into an agreement with the National Academies of 

24 Science, Engineering, and Medicine to undertake a study 

25 on technical and non-technical barriers to and solutions 


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1 for ensuring equitable distribution of the benefits associ2 ated with clean energy in frontline communities across all 

3 sectors of the economy, and in particular the role of the 

4 Department of Energy in assessing and mitigating such 

5 barriers. The study shall— 

6 (1) assess the state of research on the equitable 

7 distribution of the benefits of clean energy including 

8 workforce development and job creation; 

9 (2) assess the progress in implementing pro10 grams and policies that result in increased adoption 

11 of clean energy technologies in frontline commu12 nities; 

13 (3) identify barriers as well as potential incen14 tives and mechanisms to achieving the equitable dis15 tribution of the benefits associated with clean energy 

16 in frontline communities, including through the con17 sideration of social, behavioral, regulatory, policy, 

18 market, and technology aspects, and considerations 

19 of the characteristics of individual communities, 

20 such as geographical location, average income, and 

21 racial-ethnic composition; and 

22 (4) recommend research areas for the Depart23 ment of Energy to make progress towards ensuring 

24 equitable distribution of the benefits associated with 

25 clean energy in frontline communities. 


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1 Subtitle F—Low-Income Assistance 

2 SEC. 251. LIHEAP AUTHORIZATION. 

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

5 (1) in subsection (b), by striking ‘‘through 

6 2007’’ and inserting ‘‘through 2031’’; and 

7 (2) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘through 

9 2004’’ and inserting ‘‘through 2031’’; and 

10 (B) in paragraph (2), by striking ‘‘through 

11 2004’’ and inserting ‘‘through 2031’’. 

12 TITLE III—EFFICIENCY 

13 Subtitle A—Energy Saving 

14 Building Codes 

15 SEC. 301. ENERGY SAVING BUILDING CODES. 

16 (a) MODEL BUILDING ENERGY CODES.—Section 307 

17 of the Energy Conservation and Production Act (42 

18 U.S.C. 6836) is amended to read as follows: 

19 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODE 

20 DEVELOPMENT. 

21 ‘‘(a) IN GENERAL.—The Secretary shall support the 

22 periodic revision of model building energy codes to signifi23 cantly enhance energy and water use efficiency, to enable 

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1 tion of codes that would require zero energy ready build2 ings. 

3 ‘‘(b) TARGETS.— 

4 ‘‘(1) IN GENERAL.—The targets for aggregate 

5 national energy savings (not including onsite power 

6 production) of buildings under a code compared to 

7 buildings under the baseline in paragraph (2) shall 

8 be the percentages specified in the following table: 

‘‘Model codes issued by: Percentage: 

2023 ................................................................... 20 

2026 ................................................................... 35 

2029 ................................................................... 50 

9 ‘‘(2) BASELINE.—The baseline shall be the 

10 2018 IECC for residential buildings and ASHRAE 

11 Standard 90.1–2016 for commercial buildings. 

12 ‘‘(3) MODIFIED TARGETS.—The Secretary may 

13 modify the targets at least 3 years prior to the tar14 get dates, provided that the Secretary— 

15 ‘‘(A) may set different targets for residen16 tial and commercial buildings; 

17 ‘‘(B) may adopt different metrics or base18 lines; 

19 ‘‘(C) may set further targets after 2029; 

20 and 


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1 ‘‘(D) may not weaken the 2029 target or 

2 modify earlier targets to be inconsistent with 

3 meeting the 2029 target. 

4 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

5 ENERGY CODE-SETTING AND STANDARDS DEVELOPMENT

6 ORGANIZATIONS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall, on a 

8 timely basis, provide technical assistance to model 

9 building energy code-setting and standards develop10 ment organizations consistent with the goals of this 

11 section. 

12 ‘‘(2) ASSISTANCE.—The assistance shall in13 clude, as requested by the organizations, technical 

14 assistance in— 

15 ‘‘(A) evaluating code or standards pro16 posals or revisions; 

17 ‘‘(B) building energy and water analysis 

18 and design tools; 

19 ‘‘(C) building demonstrations; 

20 ‘‘(D) developing definitions of energy use 

21 intensity and building types for use in model 

22 building energy codes to evaluate the efficiency 

23 impacts of the model building energy codes; 

24 ‘‘(E) performance-based standards; 


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1 ‘‘(F) evaluating economic considerations; 

2 and 

3 ‘‘(G) developing model building energy 

4 codes by Indian tribes in accordance with Trib5 al law. 

6 ‘‘(3) AMENDMENT PROPOSALS.—The Secretary 

7 shall submit timely model building energy code 

8 amendment proposals to the model building energy 

9 code-setting and standards development organiza10 tions, with supporting evidence, sufficient to enable 

11 the model building energy codes to meet the targets 

12 established under subsection (b). 

13 ‘‘(d) EVALUATION OF MODEL BUILDING ENERGY

14 CODES.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall evalu16 ate each proposed and final revision of a nationally 

17 recognized model building energy code to determine 

18 whether the proposed or final revision will meet the 

19 targets under subsection (b). 

20 ‘‘(2) TIMING.— 

21 ‘‘(A) INITIAL DETERMINATION.—The Sec22 retary shall make an initial determination and 

23 communicate that determination to the model 

24 codes or standards organization and the public 

25 not later than 90 days after the date of receipt 


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1 of each proposed revision. If the Secretary de2 termines that the proposed revision would not 

3 meet the applicable target, the Secretary shall, 

4 within an additional 90 days, convey to the 

5 model codes or standards organization proposed 

6 modifications to the proposed code sufficient to 

7 meet the target. 

8 ‘‘(B) FINAL DETERMINATION.—The Sec9 retary shall make a final determination and 

10 communicate it to the model codes or standards 

11 organization and the public by not later than 

12 180 days after the date of publication of the re13 vision. The Secretary may separately make a 

14 determination on the code or standard with op15 tional appendices, or on other options published 

16 by the model codes or standards organization. 

17 ‘‘(e) ALTERNATIVE MODEL BUILDING ENERGY

18 CODE.— 

19 ‘‘(1) NEGATIVE DETERMINATION.—If the Sec20 retary makes a final determination that a model 

21 building energy code revision does not meet the ap22 plicable target, the Secretary shall within 6 months 

23 of the date of the determination and after notice and 

24 comment— 


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1 ‘‘(A) designate a model code (including any 

2 appendix or options) that meets the target; 

3 ‘‘(B) issue amendments to the revision 

4 with which it meets the target; or 

5 ‘‘(C) issue an alternative model building 

6 energy code sufficient to meet the target. 

7 ‘‘(2) NO REVISION.—If a model building energy 

8 code is not revised by the target date, the Secretary 

9 shall within 6 months of the target date designate, 

10 issue amendments to the last adopted version of the 

11 model building energy code, or issue an alternative 

12 model building energy code as under paragraph (1). 

13 ‘‘(3) AVAILABILITY.—The Secretary shall make 

14 any amendments or alternative model building en15 ergy code made pursuant to this subsection publicly 

16 available without charge. 

17 ‘‘(f) STRETCH CODES AND ADVANCED STAND18 ARDS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall provide 

20 technical and financial support for the development 

21 of stretch codes and advanced standards, which may 

22 build on the model building energy codes, for resi23 dential and commercial buildings for use as— 


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1 ‘‘(A) an option for adoption as a building 

2 energy code by local, Tribal, or State govern3 ments; and 

4 ‘‘(B) guidelines for energy-efficient build5 ing design. 

6 ‘‘(2) SAVINGS.—The stretch codes and ad7 vanced standards shall be designed to achieve— 

8 ‘‘(A) zero-net-energy residential and com9 mercial buildings; and 

10 ‘‘(B) zero-energy-ready residential and 

11 commercial buildings prior to 2029.’’. 

12 (b) FEDERAL BUILDING ENERGY EFFICIENCY

13 STANDARDS.—Section 305 of the Energy Conservation 

14 and Production Act (42 U.S.C. 6834) is amended by strik15 ing ‘‘voluntary building energy code’’ each place it appears 

16 in subsections (a)(2)(B) and (b) and inserting ‘‘model 

17 building energy code’’. 

18 (c) STATE BUILDING ENERGY EFFICIENCY

19 CODES.—Section 304 of the Energy Conservation and 

20 Production Act (42 U.S.C. 6833) is amended to read as 

21 follows: 

22 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI23 CIENCY CODES. 

24 ‘‘(a) ACTION BY SECRETARY.—The Secretary shall— 


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1 ‘‘(1) encourage and support the adoption of 

2 building energy codes by States, Indian tribes, and, 

3 as appropriate, by local governments that meet or 

4 exceed the most recently adopted model building en5 ergy codes, or achieve equivalent or greater energy 

6 savings; and 

7 ‘‘(2) support full compliance with the State and 

8 local codes. 

9 ‘‘(b) STATE AND INDIAN TRIBE BUILDING ENERGY

10 CODE UPDATES.— 

11 ‘‘(1) REVIEW AND UPDATING OF CODES BY

12 EACH STATE AND INDIAN TRIBE.— 

13 ‘‘(A) IN GENERAL.—Not later than 1 year 

14 after the date of a positive determination under 

15 section 307(d)(2)(B) or of issuance of an alter16 native under section 307(e), each State and In17 dian tribe shall certify to the Secretary whether 

18 the State or Indian tribe, respectively, has 

19 adopted the revised model building energy code 

20 or alternative issued under section 307(e). 

21 ‘‘(B) ALTERNATIVE DEMONSTRATION.— 

22 Each State or Indian tribe that has not adopted 

23 the revised model building energy code may 

24 submit a demonstration to the Secretary that 

25 the energy savings for the code provisions that 


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1 are in effect throughout the territory of the 

2 State or Indian tribe meet or exceed the energy 

3 savings of the revised model building energy 

4 code or alternative issued under section 307(e). 

5 ‘‘(C) NO MODEL CODE THAT MEETS TAR6 GET.—If the Secretary does not issue a positive 

7 determination or an alternative under section 

8 307(e), each State and Indian tribe shall within 

9 3 years of the target date under section 307(b) 

10 submit a demonstration to the Secretary that 

11 the energy savings for the code provisions that 

12 are in effect throughout the territory of the 

13 State or Indian tribe meet or exceed the target. 

14 ‘‘(2) VALIDATION OF CODE UPDATE.—Not later 

15 than 90 days after a State or Indian tribe certifi16 cation under paragraph (1), the Secretary shall de17 termine whether the State or Indian tribe has adopt18 ed the revised building code or alternative issued 

19 under section 307(e), or successfully made an alter20 native demonstration under paragraph (1)(B) or 

21 (1)(C), and, upon a positive determination, validate 

22 the State code as energy efficient. 

23 ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD24 ING ENERGY CODES.— 


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1 ‘‘(1) VALIDATION OF COMPLIANCE.—Not later 

2 than December 31, 2024, and every 3 years there3 after, the Secretary shall analyze compliance in each 

4 State and Tribal nation with the applicable validated 

5 building energy code and shall validate compliance 

6 if— 

7 ‘‘(A) the State or Indian tribe has achieved 

8 full compliance under paragraph (3); or 

9 ‘‘(B) the State has demonstrated that it is 

10 implementing a plan to achieve compliance pur11 suant to paragraph (4). 

12 ‘‘(2) MEASUREMENT OF COMPLIANCE.—An 

13 analysis under paragraph (1) shall include docu14 mentation of the rate of compliance based on— 

15 ‘‘(A) independent inspections of a random 

16 sample of the buildings covered by the code in 

17 a year; or 

18 ‘‘(B) an alternative method that yields an 

19 accurate measure of compliance. 

20 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 

21 or Indian tribe shall be considered to achieve full 

22 compliance under paragraph (1) if— 

23 ‘‘(A) at least 90 percent of building space 

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1 plicable code specified in paragraph (1), or 

2 achieves equivalent or greater energy savings; 

3 or 

4 ‘‘(B) the estimated excess energy use of 

5 buildings that did not meet the applicable code 

6 specified in paragraph (1) in the preceding 

7 year, compared to a baseline of comparable 

8 buildings that meet this code, is not more than 

9 5 percent of the estimated energy use of all 

10 buildings covered by this code during the pre11 ceding year. 

12 ‘‘(4) PLAN TO ACHIEVE COMPLIANCE.— 

13 ‘‘(A) IN GENERAL.—A State or Indian 

14 tribe shall be considered to be implementing a 

15 plan to achieve compliance for purposes of 

16 paragraph (1) if the State or Indian tribe is im17 plementing and has met the most recent per18 formance targets in a plan that meets the cri19 teria in subparagraph (B). 

20 ‘‘(B) CRITERIA.—The Secretary shall set 

21 criteria for plans under this paragraph. A plan 

22 to achieve compliance must— 

23 ‘‘(i) show full compliance by 2030; 

24 ‘‘(ii) include annual performance tar25 gets for compliance and other metrics; 


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1 ‘‘(iii) provide for training of code offi2 cials and builders, contractors and sub3 contractors, and design professionals; 

4 ‘‘(iv) make compliance data trans5 parent; and 

6 ‘‘(v) provide funding for compliance 

7 and enforcement programs. 

8 ‘‘(d) STATES OR INDIAN TRIBES WITHOUT VALI9 DATED CERTIFICATION AND COMPLIANCE.— 

10 ‘‘(1) FEDERAL SUPPORT.—For any State or In11 dian tribe for which the Secretary has not validated 

12 certification or compliance by a deadline under sub13 section (b) or (c), the lack of validated certification 

14 or compliance may be a basis for withholding Fed15 eral financial support related to energy or buildings. 

16 ‘‘(2) LOCAL GOVERNMENT.—In any State or 

17 Indian tribe for which the Secretary has not vali18 dated certification or compliance under subsection 

19 (b) or (c), a local government shall be eligible for 

20 Federal support under subsections (e) and (f) by 

21 demonstrating compliance under subsections (b) and 

22 (c). 

23 ‘‘(e) AVAILABILITY OF INCENTIVE FUNDING.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall provide 

25 incentive funding to States and Indian tribes— 


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1 ‘‘(A) to implement the requirements of this 

2 section; 

3 ‘‘(B) to improve and implement residential 

4 and commercial building energy codes, including 

5 increasing and verifying compliance with the 

6 codes and training of State, Tribal, and local 

7 building code officials to implement and enforce 

8 the codes; and 

9 ‘‘(C) to promote building energy and water 

10 efficiency through the use of the codes and 

11 standards. 

12 ‘‘(2) ADDITIONAL FUNDING.—Additional fund13 ing shall be provided under this subsection for im14 plementation of a plan to achieve and document full 

15 compliance with residential and commercial building 

16 energy codes under subsection (c)— 

17 ‘‘(A) to a State or Indian tribe for which 

18 the Secretary has validated a certification or 

19 compliance under subsection (b) or (c); and 

20 ‘‘(B) in a State or Indian tribe that is not 

21 eligible under subparagraph (A), to a local gov22 ernment that is eligible under this section. 

23 ‘‘(3) TRAINING.—The State or Indian tribe 

24 may use a portion of the amounts made available 

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1 ing code officials to implement and enforce codes de2 scribed in paragraph (2). 

3 ‘‘(4) LOCAL GOVERNMENTS.—States may share 

4 grants under this subsection with local governments 

5 that implement and enforce the codes. 

6 ‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN7 DIAN TRIBES.—The Secretary shall provide technical as8 sistance to States and Indian tribes to implement the goals 

9 and requirements of this section. 

10 ‘‘(g) REPORTS BY SECRETARY.—Not later than 3 

11 years after the date of enactment of the CLEAN Future 

12 Act, and not less frequently than once every 3 years there13 after, the Secretary shall submit to Congress and publish 

14 a report describing— 

15 ‘‘(1) the status of model building energy codes; 

16 ‘‘(2) the status of code adoption and compliance 

17 in the States and Indian tribes; 

18 ‘‘(3) implementation of this section and section 

19 307; and 

20 ‘‘(4) improvements in energy savings over time 

21 as result of the targets established under section 

22 307(b). 

23 ‘‘(h) STUDIES.—The Secretary, in consultation with 

24 building science experts from the National Laboratories 

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1 ers of energy-efficient residential and commercial build2 ings, code officials, code and standards developers, and 

3 other stakeholders, shall undertake a study of the feasi4 bility, impact, economics, and merit of— 

5 ‘‘(1) code and standards improvements that 

6 would require that buildings be designed, sited, and 

7 constructed in a manner that makes the buildings 

8 more adaptable in the future to become zero-net-en9 ergy after initial construction, as advances are 

10 achieved in energy-saving technologies; 

11 ‘‘(2) code procedures to incorporate measured 

12 lifetimes, not just first-year energy use, in trade-offs 

13 and performance calculations; and 

14 ‘‘(3) code and standards improvements that 

15 consider energy efficiency and water efficiency and, 

16 to the maximum extent practicable, consider energy 

17 efficiency and water efficiency in an integrated man18 ner. 

19 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec20 tion or section 307 supersedes or modifies the application 

21 of sections 321 through 346 of the Energy Policy and 

22 Conservation Act (42 U.S.C. 6291 et seq.). 

23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is authorized to be appropriated to carry out this section 


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1 and section 307, $200,000,000, to remain available until 

2 expended.’’. 

3 (d) DEFINITIONS.—Section 303 of the Energy Con4 servation and Production Act (42 U.S.C. 6832) is amend5 ed— 

6 (1) by striking paragraph (14) and inserting 

7 the following: 

8 ‘‘(14) MODEL BUILDING ENERGY CODE.—The 

9 term ‘model building energy code’ means a building 

10 energy code or standard developed and updated for 

11 use by State, Tribal, or local governments through 

12 a consensus process among interested persons.’’; and 

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

14 ‘‘(17) IECC.—The term ‘IECC’ means the 

15 International Energy Conservation Code. 

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

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

18 Native American Housing Assistance and Self-De19 termination Act of 1996 (25 U.S.C. 4103). 

20 ‘‘(19) ZERO ENERGY READY BUILDING.—The 

21 term ‘zero energy ready building’ means a highly ef22 ficient building that could meet the balance of en23 ergy needs from onsite or nearby sources of energy 

24 that do not produce greenhouse gases.’’. 


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1 (e) EXCEPTION FOR CERTAIN BUILDING CODE RE2 QUIREMENTS.—Section 327(f) of the Energy Policy and 

3 Conservation Act (42 U.S.C. 6297(f)) is amended— 

4 (1) in paragraph (3)— 

5 (A) by striking subparagraphs (A) through 

6 (F) and inserting the following: 

7 ‘‘(A) The code does not require that the covered 

8 product have an energy efficiency exceeding all of 

9 the following levels: 

10 ‘‘(i) The applicable energy conservation 

11 standard under section 325. 

12 ‘‘(ii) The level required by a regulation of 

13 the State for which the Secretary has granted 

14 a waiver under subsection (d). 

15 ‘‘(iii) The level set under a national model 

16 building energy code (as defined in section 303 

17 of the Energy Conservation and Production 

18 Act) or that is issued by the Secretary (includ19 ing an alternative or amendment to such code 

20 issued by the Secretary under section 307(e) of 

21 such Act). 

22 ‘‘(B) If an energy consumption or conservation 

23 objective in the code is determined using covered 

24 products, including any baseline building designs 

25 against which all submitted building designs are to 


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1 be evaluated, the objective is determined using cov2 ered products having efficiencies not exceeding one 

3 of the levels specified in subparagraph (A). 

4 ‘‘(C) If the code sets forth multiple options for 

5 meeting an energy efficiency requirement, there is at 

6 least 1 option for which no covered product has a 

7 specified efficiency exceeding all of the levels speci8 fied in subparagraph (A).’’; and 

9 (B) by redesignating subparagraph (G) as 

10 subparagraph (D); and 

11 (2) by striking paragraph (4). 

12 Subtitle B—Existing Building 

13 Retrofits 

14 SEC. 311. ENERGY EFFICIENT PUBLIC BUILDINGS. 

15 (a) GRANTS.—Section 125(a) of the Energy Policy 

16 Act of 2005 (42 U.S.C. 15822(a)) is amended— 

17 (1) in paragraph (1)— 

18 (A) by inserting ‘‘Standard 90.1 of the 

19 American Society of Heating, Refrigerating, 

20 and Air-Conditioning Engineers,’’ after ‘‘the 

21 International Energy Conservation Code,’’; and 

22 (B) by striking ‘‘; or’’ and inserting a 

23 semicolon; 

24 (2) in paragraph (2), by striking the period at 

25 the end and inserting ‘‘; or’’; and 


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

2 ‘‘(3) through benchmarking programs to enable 

3 use of building performance data to evaluate the 

4 performance of energy efficiency investments over 

5 time.’’. 

6 (b) ASSURANCE OF IMPROVEMENT.—Section 125 of 

7 the Energy Policy Act of 2005 (42 U.S.C. 15822) is 

8 amended by redesignating subsections (b) and (c) as sub9 sections (c) and (d), respectively, and inserting after sub10 section (a) the following: 

11 ‘‘(b) ASSURANCE OF IMPROVEMENT.— 

12 ‘‘(1) VERIFICATION.—A State agency receiving 

13 a grant for activities described in paragraph (1) or 

14 (2) of subsection (a) shall ensure, as a condition of 

15 eligibility for assistance pursuant to such grant, that 

16 a unit of local government receiving such assistance 

17 obtain third-party verification of energy efficiency 

18 improvements in each public building with respect to 

19 which such assistance is used. 

20 ‘‘(2) GUIDANCE.—The Secretary may provide 

21 guidance to State agencies to comply with paragraph 

22 (1). In developing such guidance, the Secretary shall 

23 consider available third-party verification tools for 

24 high-performing buildings and available third-party 

25 verification tools for energy efficiency retrofits.’’. 


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1 (c) ADMINISTRATION.—Section 125(c) of the Energy 

2 Policy Act of 2005, as so redesignated, is amended— 

3 (1) in the matter preceding paragraph (1), by 

4 striking ‘‘State energy offices receiving grants’’ and 

5 inserting ‘‘A State agency receiving a grant’’; 

6 (2) in paragraph (1), by striking ‘‘; and’’ and 

7 inserting a semicolon; 

8 (3) in paragraph (2), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(3) ensure that all laborers and mechanics em12 ployed by contractors and subcontractors in the per13 formance of construction, alteration, or repair work 

14 financed in whole or in part with assistance received 

15 pursuant to this section shall be paid wages at rates 

16 not less than those prevailing on projects of a simi17 lar character in the locality, as determined by the 

18 Secretary of Labor in accordance with subchapter 

19 IV of chapter 31 of title 40, United States Code 

20 (and with respect to such labor standards, the Sec21 retary of Labor shall have the authority and func22 tions set forth in Reorganization Plan Numbered 14 

23 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 

24 3145 of title 40, United States Code).’’. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 125(d) of the Energy Policy Act of 2005, as so redesig3 nated, is amended by striking ‘‘$30,000,000 for each of 

4 fiscal years 2006 through 2010’’ and inserting 

5 ‘‘$100,000,000 for each of fiscal years 2022 through 

6 2031’’. 

7 SEC. 312. GRANTS FOR ENERGY EFFICIENCY IMPROVE8 MENTS AND RENEWABLE ENERGY IMPROVE9 MENTS AT PUBLIC SCHOOL FACILITIES. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means a consortium of— 

13 (A) one local educational agency; and 

14 (B) one or more— 

15 (i) schools; 

16 (ii) nonprofit organizations; 

17 (iii) for-profit organizations; or 

18 (iv) community partners that have the 

19 knowledge and capacity to partner and as20 sist with energy improvements. 

21 (2) ENERGY IMPROVEMENTS.—The term ‘‘en22 ergy improvements’’ means— 

23 (A) any improvement, repair, or renova24 tion, to a school that will result in a direct re25 duction in school energy costs including but not 


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1 limited to improvements to building envelope, 

2 air conditioning, ventilation, heating system, do3 mestic hot water heating, compressed air sys4 tems, distribution systems, lighting, power sys5 tems and controls; 

6 (B) any improvement, repair, renovation, 

7 or installation that leads to an improvement in 

8 teacher and student health including but not 

9 limited to indoor air quality, daylighting, ven10 tilation, electrical lighting, and acoustics; and 

11 (C) the installation of renewable energy 

12 technologies (such as wind power, photovoltaics, 

13 solar thermal systems, geothermal energy, hy14 drogen-fueled systems, biomass-based systems, 

15 biofuels, anaerobic digesters, and hydropower) 

16 involved in the improvement, repair, or renova17 tion to a school. 

18 (b) AUTHORITY.—From amounts made available for 

19 grants under this section, the Secretary of Energy shall 

20 provide competitive grants to eligible entities to make en21 ergy improvements authorized by this section. 

22 (c) PRIORITY.—In making grants under this sub23 section, the Secretary shall give priority to eligible entities 

24 that have renovation, repair, and improvement funding 

25 needs and are— 


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1 (1) a high-need local educational agency, as de2 fined in section 2102 of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 6602); or 

4 (2) a local educational agency designated with 

5 a metrocentric locale code of 41, 42, or 43 as deter6 mined by the National Center for Education Statis7 tics (NCES), in conjunction with the Bureau of the 

8 Census, using the NCES system for classifying local 

9 educational agencies. 

10 (d) COMPETITIVE CRITERIA.—The competitive cri11 teria used by the Secretary shall include the following: 

12 (1) The fiscal capacity of the eligible entity to 

13 meet the needs for improvements of school facilities 

14 without assistance under this section, including the 

15 ability of the eligible entity to raise funds through 

16 the use of local bonding capacity and otherwise. 

17 (2) The likelihood that the local educational 

18 agency or eligible entity will maintain, in good condi19 tion, any facility whose improvement is assisted. 

20 (3) The potential energy efficiency and safety 

21 benefits from the proposed energy improvements. 

22 (e) APPLICATIONS.—To be eligible to receive a grant 

23 under this section, an applicant must submit to the Sec24 retary an application that includes each of the following: 


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1 (1) A needs assessment of the current condition 

2 of the school and facilities that are to receive the en3 ergy improvements. 

4 (2) A draft work plan of what the applicant 

5 hopes to achieve at the school and a description of 

6 the energy improvements to be carried out. 

7 (3) A description of the applicant’s capacity to 

8 provide services and comprehensive support to make 

9 the energy improvements. 

10 (4) An assessment of the applicant’s expected 

11 needs for operation and maintenance training funds, 

12 and a plan for use of those funds, if any. 

13 (5) An assessment of the expected energy effi14 ciency and safety benefits of the energy improve15 ments. 

16 (6) A cost estimate of the proposed energy im17 provements. 

18 (7) An identification of other resources that are 

19 available to carry out the activities for which funds 

20 are requested under this section, including the avail21 ability of utility programs and public benefit funds. 

22 (f) USE OF GRANT AMOUNTS.— 

23 (1) IN GENERAL.—The recipient of a grant 

24 under this section shall use the grant amounts only 

25 to make the energy improvements contemplated in 


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1 the application, subject to the other provisions of 

2 this subsection. 

3 (2) OPERATION AND MAINTENANCE TRAIN4 ING.—The recipient may use up to 5 percent for op5 eration and maintenance training for energy effi6 ciency and renewable energy improvements (such as 

7 maintenance staff and teacher training, education, 

8 and preventative maintenance training). 

9 (3) AUDIT.—The recipient may use funds for a 

10 third-party investigation and analysis for energy im11 provements (such as energy audits and existing 

12 building commissioning). 

13 (4) CONTINUING EDUCATION.—The recipient 

14 may use up to 1 percent of the grant amounts to de15 velop a continuing education curriculum relating to 

16 energy improvements. 

17 (g) CONTRACTING REQUIREMENTS.— 

18 (1) DAVIS-BACON.—Any laborer or mechanic 

19 employed by any contractor or subcontractor in the 

20 performance of work on any energy improvements 

21 funded by a grant under this section shall be paid 

22 wages at rates not less than those prevailing on 

23 similar construction in the locality as determined by 

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1 ter 31 of title 40, United States Code (commonly re2 ferred to as the Davis-Bacon Act). 

3 (2) COMPETITION.—Each applicant that re4 ceives funds shall ensure that, if the applicant car5 ries out repair or renovation through a contract, any 

6 such contract process— 

7 (A) ensures the maximum number of quali8 fied bidders, including small, minority, and 

9 women-owned businesses, through full and open 

10 competition; and 

11 (B) gives priority to businesses located in, 

12 or resources common to, the State or the geo13 graphical area in which the project is carried 

14 out. 

15 (h) REPORTING.—Each recipient of a grant under 

16 this section shall submit to the Secretary, at such time 

17 as the Secretary may require, a report describing the use 

18 of such funds for energy improvements, the estimated cost 

19 savings realized by those energy improvements, the results 

20 of any audit, the use of any utility programs and public 

21 benefit funds and the use of performance tracking for en22 ergy improvements (such as the Department of Energy: 

23 Energy Star program or LEED for Existing Buildings). 


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1 (i) BEST PRACTICES.—The Secretary shall develop 

2 and publish guidelines and best practices for activities car3 ried out under this section. 

4 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $100,000,000 for each of fiscal years 2022 through 2031. 

7 Subtitle C—Promoting Energy 

8 Efficiency 

9 SEC. 321. REMOVING BARRIERS TO EFFICIENCY. 

10 (a) IN GENERAL.—Section 327 of the Energy Policy 

11 and Conservation Act (42 U.S.C. 6297) is amended by 

12 adding at the end the following: 

13 ‘‘(h) SUSPENSION OF PREEMPTION.—This section 

14 shall not apply to a covered product during any period 

15 that— 

16 ‘‘(1) begins on the date that is 8 years after the 

17 date on which the energy conservation standard was 

18 established under section 325 for the covered prod19 uct; and 

20 ‘‘(2) ends on the effective date of an energy 

21 conservation standard established after the date de22 scribed in paragraph (1) under section 325 for the 

23 covered product, that is equivalent to, or more strin24 gent than, the standard described in such para25 graph. 


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1 ‘‘(i) NO PREEMPTION ABSENT A FEDERAL STAND2 ARD.— 

3 ‘‘(1) APPLICATION.—Notwithstanding any other 

4 provision of this part, this section does not apply to 

5 any State regulation insofar as the State regulation 

6 applies to any product not subject to an energy con7 servation standard established under section 325. 

8 ‘‘(2) COMPLIANCE PERIOD.—Any State regula9 tion prescribed or enacted for a covered product be10 fore the date on which an energy conservation stand11 ard is established under section 325 for the covered 

12 product shall not be preempted until the effective 

13 date of an equivalent or more stringent energy con14 servation standard under section 325 for the covered 

15 product.’’. 

16 (b) ASHRAE PRODUCTS.—Section 345(b)(2) of the 

17 Energy Policy and Conservation Act (42 U.S.C. 

18 6316(b)(2)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(E) Notwithstanding subparagraph (A), a standard 

21 prescribed or established under section 342(a) shall not 

22 supersede any State or local regulation concerning the en23 ergy efficiency or energy use of a product for which a 

24 standard is prescribed or established pursuant to such sec25 tion during any period that— 


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1 ‘‘(i) begins on the date that is 8 years after the 

2 date on which such standard was prescribed or es3 tablished; and 

4 ‘‘(ii) ends on the effective date of a standard 

5 prescribed or established after the date described in 

6 clause (i) under section 342(a) for the product, that 

7 is equivalent to, or more stringent than, the stand8 ard described in such clause.’’. 

9 SEC. 322. ENERGY EFFICIENCY AND CONSERVATION BLOCK 

10 GRANT PROGRAM. 

11 (a) PURPOSE.—Section 542(b)(1) of the Energy 

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

13 17152(b)(1)) is amended— 

14 (1) in subparagraph (A), by striking ‘‘; and’’ 

15 and inserting a semicolon; 

16 (2) in subparagraph (B), by striking the semi17 colon and inserting ‘‘; and’’; and 

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

19 ‘‘(C) diversifies energy supplies, including 

20 by facilitating and promoting the use of alter21 native fuels;’’. 

22 (b) USE OF FUNDS.—Section 544 of the Energy 

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

24 17154) is amended— 


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1 (1) by amending paragraph (9) to read as fol2 lows: 

3 ‘‘(9) deployment of energy distribution tech4 nologies that significantly increase energy efficiency 

5 or expand access to alternative fuels, including— 

6 ‘‘(A) distributed resources; 

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

8 and 

9 ‘‘(C) infrastructure for delivering alter10 native fuels;’’; 

11 (2) in paragraph (13)(D), by striking ‘‘and’’; 

12 (3) by redesignating paragraph (14) as para13 graph (15); and 

14 (4) by adding after paragraph (13) the fol15 lowing: 

16 ‘‘(14) programs for financing energy efficiency, 

17 renewable energy, and zero-emission transportation 

18 (and associated infrastructure) capital investments, 

19 projects, and programs— 

20 ‘‘(A) which may include loan programs and 

21 performance contracting programs for 

22 leveraging of additional public and private sec23 tor funds, and programs which allow rebates, 

24 grants, or other incentives for the purchase and 

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1 ergy, and zero-emission transportation (and as2 sociated infrastructure) measures; or 

3 ‘‘(B) in addition to or in lieu of programs 

4 described in subparagraph (A), which may be 

5 used in connection with public or nonprofit 

6 buildings owned and operated by a State, a po7 litical subdivision of a State or an agency or in8 strumentality of a State, or an organization ex9 empt from taxation under section 501(c)(3) of 

10 title 26, United States Code; and’’. 

11 (c) COMPETITIVE GRANTS.—Section 546(c)(2) of the 

12 Energy Independence and Security Act of 2007 (42 

13 U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including 

14 projects to expand the use of alternative fuels’’ before the 

15 period at the end. 

16 (d) FUNDING.—Section 548(a) of the Energy Inde17 pendence and Security Act of 2007 (42 U.S.C. 17158(a)) 

18 is amended to read as follows: 

19 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) GRANTS.—There is authorized to be ap21 propriated to the Secretary for the provision of 

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

23 of fiscal years 2022 through 2031. 

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1 ministrative expenses of the program $35,000,000 

2 for each of fiscal years 2022 through 2031.’’. 

3 (e) TECHNICAL AMENDMENTS.—Section 543 of the 

4 Energy Independence and Security Act of 2007 (42 

5 U.S.C. 17153) is amended— 

6 (1) in subsection (c), by striking ‘‘subsection 

7 (a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and 

8 (2) in subsection (d), by striking ‘‘subsection 

9 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 

10 SEC. 323. NONPROFIT ENERGY EFFICIENCY PILOT PRO11 GRAM. 

12 (a) DEFINITIONS.—In this section: 

13 (1) APPLICANT.—The term ‘‘applicant’’ means 

14 a nonprofit organization that applies for a grant 

15 under this section. 

16 (2) ENERGY EFFICIENCY MATERIAL.— 

17 (A) IN GENERAL.—The term ‘‘energy effi18 ciency material’’ means a material (including a 

19 product, equipment, or system) the installation 

20 of which results in a reduction in use of energy 

21 or fuel. 

22 (B) INCLUSIONS.—The term ‘‘energy effi23 ciency material’’ includes— 

24 (i) a roof or lighting system or compo25 nent of the system; 


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1 (ii) a window; 

2 (iii) a door, including a security door; 

3 (iv) a heating, ventilation, or air con4 ditioning system or component of the sys5 tem (including insulation and wiring and 

6 plumbing improvements needed to serve a 

7 more efficient system); and 

8 (v) a renewable energy generation or 

9 heating system, including a solar, photo10 voltaic, wind, geothermal, or biomass (in11 cluding wood pellet) system or component 

12 of the system. 

13 (3) NONPROFIT BUILDING.— 

14 (A) IN GENERAL.—The term ‘‘nonprofit 

15 building’’ means a building operated and owned 

16 by a nonprofit organization. 

17 (B) INCLUSIONS.—The term ‘‘nonprofit 

18 building’’ includes a building described in sub19 paragraph (A) that is— 

20 (i) a hospital; 

21 (ii) a youth center; 

22 (iii) a school; 

23 (iv) a social-welfare program facility; 

24 (v) a facility of a faith-based organiza25 tion; or 


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1 (vi) any other nonresidential and non2 commercial structure. 

3 (4) NONPROFIT ORGANIZATION.—The term 

4 ‘‘nonprofit organization’’ means an organization that 

5 is described in section 501(c)(3) of the Internal Rev6 enue Code of 1986 and exempt from tax under sec7 tion 501(a) of such Code. 

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

9 the Secretary of Energy. 

10 (b) ESTABLISHMENT.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary shall es12 tablish a pilot program to award grants to nonprofit orga13 nizations to purchase energy efficiency materials to install 

14 in nonprofit buildings. 

15 (c) GRANTS.— 

16 (1) APPLICATION.—The Secretary may award a 

17 grant under the pilot program established under 

18 subsection (b) if an applicant submits to the Sec19 retary an application at such time, in such form, 

20 and containing such information as the Secretary 

21 may prescribe. 

22 (2) CRITERIA FOR GRANT.—In determining 

23 whether to award a grant under the pilot program 

24 established under subsection (b), the Secretary shall 


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1 apply performance-based criteria, which shall give 

2 priority to applicants based on— 

3 (A) the energy savings expected to be 

4 achieved; 

5 (B) the cost effectiveness of the use of the 

6 energy efficiency materials that are proposed to 

7 be purchased; 

8 (C) an effective plan for evaluation, meas9 urement, and verification of energy savings; and 

10 (D) the financial need of the applicant. 

11 (3) LIMITATION ON INDIVIDUAL GRANT

12 AMOUNT.—Each grant awarded under this section 

13 shall not exceed $200,000. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $10,000,000 for each of fiscal years 2022 through 2031, 

17 to remain available until expended. 

18 SEC. 324. HOME WILDFIRE RISK REDUCTION REBATE PRO19 GRAM. 

20 (a) IN GENERAL.—The Secretary of Energy shall es21 tablish a program, to be known as the ‘‘Home Wildfire 

22 Risk Reduction Rebate Program’’, to provide rebates to 

23 homeowners to defray the costs of retrofitting an existing 

24 home to be wildfire-resistant. 


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1 (b) AMOUNT OF REBATE.—In carrying out the Home 

2 Wildfire Risk Reduction Rebate Program, the Secretary 

3 shall provide a homeowner a rebate of up to— 

4 (1) $10,000 for the retrofitting of roof features, 

5 including the roof covering, vents, soffit and fascia, 

6 and gutters, to be wildfire-resistant; 

7 (2) $20,000 for the retrofitting of exterior wall 

8 features, including sheathing and siding, doors, and 

9 windows, to be wildfire-resistant; 

10 (3) $5,000 for the retrofitting of a deck, includ11 ing the decking, framing, and fascia, to be wildfire12 resistant; and 

13 (4) $1,500 for the retrofitting of near-home 

14 landscaping, including mulch and landscape fabric in 

15 a 5-foot zone immediately around the home and 

16 under all attached decks, to be wildfire-resistant. 

17 (c) INCLUSION.—For purposes of this section, the 

18 cost of a retrofit shall include all costs associated with the 

19 retrofit, including the purchase and installation of wild20 fire-resistant products and components. 

21 (d) LIMITATION.—The amount of the rebate under 

22 this section shall not exceed 50 percent of the cost of the 

23 retrofit. 

24 (e) PROCESS.— 


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1 (1) FORMS; REBATE PROCESSING SYSTEM.— 

2 Not later than 90 days after the date of enactment 

3 of this Act, the Secretary, in consultation with the 

4 Secretary of the Treasury, shall— 

5 (A) develop and make available rebate 

6 forms required to receive a rebate under this 

7 section; 

8 (B) establish a Federal rebate processing 

9 system which shall serve as a database and in10 formation technology system that will allow 

11 homeowners to submit required rebate forms; 

12 and 

13 (C) establish a website that provides infor14 mation on rebates provided under this section, 

15 including how to determine whether particular 

16 measures qualify for a rebate under this section 

17 and how to receive such a rebate. 

18 (2) SUBMISSION OF FORMS.—In order to re19 ceive a rebate under this section, a homeowner shall 

20 submit the required rebate forms, and any other in21 formation the Secretary determines appropriate, to 

22 the Federal rebate processing system established 

23 under paragraph (1). 

24 (f) MODERATE-INCOME HOUSEHOLDS.— 


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1 (1) CERTIFICATIONS.—The Secretary shall es2 tablish procedures for certifying that the household 

3 of a homeowner is moderate-income for purposes of 

4 this section. 

5 (2) LIMITATION FOR MODERATE INCOME

6 HOUSEHOLDS.—Notwithstanding subsection (d), for 

7 households of homeowners that are certified pursu8 ant to the procedures established under paragraph 

9 (1) as moderate-income, the amount of the rebate 

10 under this section shall not exceed 80 percent of the 

11 cost of the retrofit. 

12 (3) OUTREACH.—The Secretary shall establish 

13 procedures to— 

14 (A) provide information to households of 

15 homeowners that are certified pursuant to the 

16 procedures established under paragraph (1) as 

17 moderate-income regarding other programs and 

18 resources relating to assistance for upgrades of 

19 homes, including the weatherization assistance 

20 program implemented under part A of title IV 

21 of the Energy Conservation and Production Act 

22 (42 U.S.C. 6861 et seq.); and 

23 (B) refer such households, as applicable, to 

24 such other programs and resources. 


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1 (g) DEFINITION.—In this section, the term ‘‘wildfire2 resistant’’ means meeting or exceeding the specifications 

3 of the International Code Council’s 2018 International 

4 Wildland-Urban Interface Code (IWUIC). 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $500,000,000 for each of fiscal years 2022 through 2031. 

8 SEC. 325. STATE ENERGY-EFFICIENT APPLIANCE REBATE 

9 PROGRAM. 

10 Section 124 of the Energy Policy Act of 2005 (42 

11 U.S.C. 15821) is amended— 

12 (1) in subsection (b)(1), by striking ‘‘type;’’ and 

13 inserting ‘‘type or to replace used appliances with an 

14 appliance for similar purposes that is powered by 

15 electricity;’’; and 

16 (2) in subsection (f)— 

17 (A) by striking ‘‘$50,000,000’’ and insert18 ing ‘‘$300,000,000’’; and 

19 (B) by striking ‘‘2006 through 2010’’ and 

20 inserting ‘‘2022 through 2031’’. 

21 Subtitle D—HOPE for HOMES 

22 SEC. 331. DEFINITIONS. 

23 In this subtitle: 

24 (1) CONTRACTOR CERTIFICATION.—The term 

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1 nized certification that may be obtained by a resi2 dential contractor to advance the expertise and edu3 cation of the contractor in energy efficiency retrofits 

4 of residential buildings, including— 

5 (A) a certification provided by— 

6 (i) the Building Performance Insti7 tute; 

8 (ii) the Air Conditioning Contractors 

9 of America; 

10 (iii) the National Comfort Institute; 

11 (iv) the North American Technician 

12 Excellence; 

13 (v) RESNET; 

14 (vi) the United States Green Building 

15 Council; or 

16 (vii) Home Innovation Research Labs; 

17 and 

18 (B) any other certification the Secretary 

19 determines appropriate for purposes of the 

20 Home Energy Savings Retrofit Rebate Pro21 gram. 

22 (2) CONTRACTOR COMPANY.—The term ‘‘con23 tractor company’’ means a company— 

24 (A) the business of which is to provide 

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1 spect to HVAC systems, insulation, air sealing, 

2 or other services that are approved by the Sec3 retary; 

4 (B) that holds the licenses and insurance 

5 required by the State in which the company 

6 provides services; and 

7 (C) that provides services for which a par8 tial system rebate, measured performance re9 bate, or modeled performance rebate may be 

10 provided pursuant to the Home Energy Savings 

11 Retrofit Rebate Program. 

12 (3) ENERGY AUDIT.—The term ‘‘energy audit’’ 

13 means an inspection, survey, and analysis of the en14 ergy use of a building, including the building enve15 lope and HVAC system. 

16 (4) HOME.—The term ‘‘home’’ means a manu17 factured home (as such term is defined in section 

18 603 of the National Manufactured Housing Con19 struction and Safety Standards Act of 1974 (42 

20 U.S.C. 5402)), or a residential dwelling unit in a 

21 building with no more than 4 dwelling units that— 

22 (A) is located in the United States; 

23 (B) was constructed before the date of en24 actment of this Act; and 


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1 (C) is occupied at least 6 months out of 

2 the year. 

3 (5) HOME ENERGY SAVINGS RETROFIT REBATE

4 PROGRAM.—The term ‘‘Home Energy Savings Ret5 rofit Rebate Program’’ means the Home Energy 

6 Savings Retrofit Rebate Program established under 

7 section 337. 

8 (6) HOMEOWNER.—The term ‘‘homeowner’’ 

9 means the owner of an owner-occupied home or a 

10 tenant-occupied home. 

11 (7) HOME VALUATION CERTIFICATION.—The 

12 term ‘‘home valuation certification’’ means the fol13 lowing home assessments: 

14 (A) Home Energy Score. 

15 (B) PEARL Certification. 

16 (C) National Green Building Standard. 

17 (D) LEED. 

18 (E) Any other assessment the Secretary 

19 determines to be appropriate. 

20 (8) HOPE QUALIFICATION.—The term ‘‘HOPE 

21 Qualification’’ means the qualification described in 

22 section 334. 

23 (9) HOPE TRAINING CREDIT.—The term 

24 ‘‘HOPE training credit’’ means a HOPE training 

25 task credit or a HOPE training supplemental credit. 


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1 (10) HOPE TRAINING TASK CREDIT.—The 

2 term ‘‘HOPE training task credit’’ means a credit 

3 described in section 333(a). 

4 (11) HOPE TRAINING SUPPLEMENTAL CRED5 IT.—The term ‘‘HOPE training supplemental cred6 it’’ means a credit described in section 333(b). 

7 (12) HVAC SYSTEM.—The term ‘‘HVAC sys8 tem’’ means a system— 

9 (A) consisting of a heating component, a 

10 ventilation component, and an air-conditioning 

11 component; and 

12 (B) which components may include central 

13 air conditioning, a heat pump, a furnace, a boil14 er, a rooftop unit, and a window unit. 

15 (13) MEASURED PERFORMANCE REBATE.—The 

16 term ‘‘measured performance rebate’’ means a re17 bate provided in accordance with section 339 and 

18 described in subsection (e) of that section. 

19 (14) MODELED PERFORMANCE REBATE.—The 

20 term ‘‘modeled performance rebate’’ means a rebate 

21 provided in accordance with section 339 and de22 scribed in subsection (d) of that section. 

23 (15) MODERATE INCOME.—The term ‘‘mod24 erate income’’ means, with respect to a household, a 

25 household with an annual income that is less than 


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1 80 percent of the area median income, as deter2 mined annually by the Department of Housing and 

3 Urban Development. 

4 (16) MULTIFAMILY BUILDING.—The term 

5 ‘‘multifamily building’’ means a structure with 5 or 

6 more tenant-occupied residential dwelling units 

7 that— 

8 (A) is located in the United States; 

9 (B) was constructed before the date of en10 actment of this Act; and 

11 (C) is occupied at least 6 months out of 

12 the year. 

13 (17) MULTIFAMILY BUILDING OWNER.—The 

14 term ‘‘multifamily building owner’’ means the owner 

15 of a tenant-occupied multifamily building. 

16 (18) PARTIAL SYSTEM REBATE.—The term 

17 ‘‘partial system rebate’’ means a rebate provided in 

18 accordance with section 338. 

19 (19) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of Energy. 

21 (20) STATE.—The term ‘‘State’’ includes— 

22 (A) a State; 

23 (B) the District of Columbia; 

24 (C) the Commonwealth of Puerto Rico; 

25 (D) Guam; 


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1 (E) American Samoa; 

2 (F) the Commonwealth of the Northern 

3 Mariana Islands; 

4 (G) the United States Virgin Islands; and 

5 (H) any other territory or possession of the 

6 United States. 

7 (21) STATE ENERGY OFFICE.—The term ‘‘State 

8 energy office’’ means the office or agency of a State 

9 responsible for developing the State energy conserva10 tion plan for the State under section 362 of the En11 ergy Policy and Conservation Act (42 U.S.C. 6322). 

12 PART 1—HOPE TRAINING 

13 SEC. 332. NOTICE FOR HOPE QUALIFICATION TRAINING 

14 AND GRANTS. 

15 Not later than 30 days after the date of enactment 

16 of this Act, the Secretary, acting through the Director of 

17 the Building Technologies Office of the Department of 

18 Energy, shall issue a notice that includes— 

19 (1) criteria established under section 333 for 

20 approval by the Secretary of courses for which cred21 its may be issued for purposes of a HOPE Qualifica22 tion; 

23 (2) a list of courses that meet such criteria and 

24 are so approved; and 


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1 (3) information on how individuals and entities 

2 may apply for grants under this part. 

3 SEC. 333. COURSE CRITERIA. 

4 (a) HOPE TRAINING TASK CREDIT.— 

5 (1) CRITERIA.—The Secretary shall establish 

6 criteria for approval of a course for which a credit, 

7 to be known as a HOPE training task credit, may 

8 be issued, including that such course— 

9 (A) is equivalent to at least 30 hours in 

10 total course time; 

11 (B) is accredited by the Interstate Renew12 able Energy Council or is determined to be 

13 equivalent by the Secretary; 

14 (C) is, with respect to a particular job, 

15 aligned with the relevant National Renewable 

16 Energy Laboratory Job Task Analysis, or other 

17 credentialing program foundation that helps 

18 identify the necessary core knowledge areas, 

19 critical work functions, or skills, as approved by 

20 the Secretary; 

21 (D) has established learning objectives; 

22 and 

23 (E) includes, as the Secretary determines 

24 appropriate, an appropriate assessment of such 

25 learning objectives that may include a final 


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1 exam, to be proctored on-site or through remote 

2 proctoring, or an in-person field exam. 

3 (2) INCLUDED COURSES.—The Secretary shall 

4 approve one or more courses that meet the criteria 

5 described in paragraph (1) for training related to— 

6 (A) contractor certification; 

7 (B) energy auditing or assessment, includ8 ing energy audits and assessments relevant to 

9 multifamily buildings; 

10 (C) home and multifamily building energy 

11 systems (including HVAC systems); 

12 (D) insulation installation and air leakage 

13 control; 

14 (E) health and safety regarding the instal15 lation of energy efficiency measures or health 

16 and safety impacts associated with energy effi17 ciency retrofits; and 

18 (F) indoor air quality. 

19 (b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI20 TERIA.—The Secretary shall establish criteria for approval 

21 of a course for which a credit, to be known as a HOPE 

22 training supplemental credit, may be issued, including 

23 that such course provides— 

24 (1) training related to— 


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1 (A) small business success, including man2 agement, home energy efficiency software, or 

3 general accounting principles; 

4 (B) the issuance of a home valuation cer5 tification; 

6 (C) the use of Wi-Fi-enabled technology in 

7 an energy efficiency upgrade; or 

8 (D) understanding and being able to par9 ticipate in the Home Energy Savings Retrofit 

10 Rebate Program; and 

11 (2) as the Secretary determines appropriate, an 

12 appropriate assessment of such training that may in13 clude a final exam, to be proctored on-site or 

14 through remote proctoring, or an in-person field 

15 exam. 

16 (c) EXISTING APPROVED COURSES.—The Secretary 

17 may approve a course that meets the applicable criteria 

18 established under this section that is approved by the ap19 plicable State energy office or relevant State agency with 

20 oversight authority for residential energy efficiency pro21 grams. 

22 (d) IN-PERSON AND ONLINE TRAINING.—An online 

23 course approved pursuant to this section may be con24 ducted in-person, but may not be offered exclusively in25 person. 


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1 SEC. 334. HOPE QUALIFICATION. 

2 (a) ISSUANCE OF CREDITS.— 

3 (1) IN GENERAL.—The Secretary, or an entity 

4 authorized by the Secretary pursuant to paragraph 

5 (2), may issue— 

6 (A) a HOPE training task credit to any 

7 individual that completes a course that meets 

8 applicable criteria under section 333; and 

9 (B) a HOPE training supplemental credit 

10 to any individual that completes a course that 

11 meets the applicable criteria under section 333. 

12 (2) OTHER ENTITIES.—The Secretary may au13 thorize a State energy office implementing an au14 thorized program under subsection (b)(2), an organi15 zation described in section 335(b), and any other en16 tity the Secretary determines appropriate, to issue 

17 HOPE training credits in accordance with para18 graph (1). 

19 (b) HOPE QUALIFICATION.— 

20 (1) IN GENERAL.—The Secretary may certify 

21 that an individual has achieved a qualification, to be 

22 known as a HOPE Qualification, that indicates that 

23 the individual has received at least 3 HOPE training 

24 credits, of which at least 2 shall be HOPE training 

25 task credits. 


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1 (2) STATE PROGRAMS.—The Secretary may au2 thorize a State energy office to implement a pro3 gram to provide HOPE Qualifications in accordance 

4 with this part. 

5 SEC. 335. GRANTS. 

6 (a) IN GENERAL.—The Secretary shall, to the extent 

7 amounts are made available in appropriations Acts for 

8 such purposes, provide grants to support the training of 

9 individuals toward the completion of a HOPE Qualifica10 tion. 

11 (b) PROVIDER ORGANIZATIONS.— 

12 (1) IN GENERAL.—The Secretary may provide a 

13 grant of up to $20,000 under this section to an or14 ganization to provide training online, including es15 tablishing, modifying, or maintaining the online sys16 tems, staff time, and software and online program 

17 management, through a course that meets the appli18 cable criteria established under section 333. 

19 (2) CRITERIA.—In order to receive a grant 

20 under this subsection, an organization shall be— 

21 (A) a nonprofit organization; 

22 (B) an educational institution; or 

23 (C) an organization that has experience 

24 providing training to contractors that work with 

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1 mented under part A of title IV of the Energy 

2 Conservation and Production Act (42 U.S.C. 

3 6861 et seq.) or equivalent experience, as deter4 mined by the Secretary. 

5 (3) ADDITIONAL CERTIFICATIONS.—In addition 

6 to any grant provided under paragraph (1), the Sec7 retary may provide an organization up to $5,000 for 

8 each additional course for which a HOPE training 

9 credit may be issued that is offered by the organiza10 tion. 

11 (c) CONTRACTOR COMPANY.—The Secretary may 

12 provide a grant under this section of $1,000 per employee 

13 to a contractor company, up to a maximum of $10,000, 

14 to reimburse the contractor company for training costs for 

15 employees, and any home technology support needed for 

16 an employee to receive training pursuant to this section. 

17 Grant funds provided under this subsection may be used 

18 to support wages of employees during training. 

19 (d) TRAINEES.—The Secretary may provide a grant 

20 of up to $1,000 under this section to an individual who 

21 receives a HOPE Qualification. 

22 (e) STATE ENERGY OFFICE.—The Secretary may 

23 provide a grant under this section to a State energy office 

24 of up to $25,000 to implement an authorized program 

25 under section 334(b). 


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1 SEC. 336. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this part $500,000,000 for the period of fiscal years 2022 

4 through 2031, to remain available until expended. 

5 PART 2—HOME ENERGY SAVINGS RETROFIT 

6 REBATE PROGRAM 

7 SEC. 337. ESTABLISHMENT OF HOME ENERGY SAVINGS 

8 RETROFIT REBATE PROGRAM. 

9 The Secretary shall establish a program, to be known 

10 as the Home Energy Savings Retrofit Rebate Program, 

11 to— 

12 (1) provide rebates in accordance with section 

13 338; and 

14 (2) provide grants to States to carry out pro15 grams to provide rebates in accordance with section 

16 339. 

17 SEC. 338. PARTIAL SYSTEM REBATES. 

18 (a) AMOUNT OF REBATE.—In carrying out the Home 

19 Energy Savings Retrofit Rebate Program, and subject to 

20 the availability of appropriations for such purpose, the 

21 Secretary shall provide a homeowner or multifamily build22 ing owner a rebate, to be known as a partial system re23 bate, of, except as provided in section 340, up to— 

24 (1) $800 for the purchase and installation of 

25 insulation and air sealing within a home of the 


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1 homeowner or the household living in a multifamily 

2 building; and 

3 (2) $1,500 for the purchase and installation of 

4 insulation and air sealing within a home of the 

5 homeowner or the household living in a multifamily 

6 building and replacement of an HVAC system, the 

7 heating component of an HVAC system, or the cool8 ing component of an HVAC system, of such home. 

9 (b) SPECIFICATIONS.— 

10 (1) COST.—The amount of a partial system re11 bate provided under this section shall, except as pro12 vided in section 340, not exceed 30 percent of cost 

13 of the purchase and installation of insulation and air 

14 sealing under subsection (a)(1), or the purchase and 

15 installation of insulation and air sealing and replace16 ment of an HVAC system, the heating component of 

17 an HVAC system, or the cooling component of an 

18 HVAC system, under subsection (a)(2). Labor may 

19 be included in such cost but may not exceed— 

20 (A) in the case of a rebate under sub21 section (a)(1), 50 percent of such cost; and 

22 (B) in the case of a rebate under sub23 section (a)(2), 25 percent of such cost. 

24 (2) REPLACEMENT OF AN HVAC SYSTEM, THE

25 HEATING COMPONENT OF AN HVAC SYSTEM, OR THE


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1 COOLING COMPONENT OF AN HVAC SYSTEM.—In 

2 order to qualify for a partial system rebate described 

3 in subsection (a)(2)— 

4 (A) any HVAC system, heating component 

5 of an HVAC system, or cooling component of 

6 an HVAC system installed shall be Energy Star 

7 Most Efficient certified; 

8 (B) installation of such an HVAC system, 

9 the heating component of an HVAC system, or 

10 the cooling component of an HVAC system, 

11 shall be completed in accordance with standards 

12 specified by the Secretary that are at least as 

13 stringent as the applicable guidelines of the Air 

14 Conditioning Contractors of America that are in 

15 effect on the date of enactment of this Act; 

16 (C) if ducts are present, replacement of an 

17 HVAC system, the heating component of an 

18 HVAC system, or the cooling component of an 

19 HVAC system shall include duct sealing; and 

20 (D) the installation of insulation and air 

21 sealing shall occur within 6 months of the re22 placement of the HVAC system, the heating 

23 component of an HVAC system, or the cooling 

24 component of an HVAC system. 


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1 (c) ADDITIONAL INCENTIVES FOR CONTRACTORS.— 

2 In carrying out the Home Energy Savings Retrofit Rebate 

3 Program, the Secretary may provide a $250 payment to 

4 a contractor per home of a homeowner or household living 

5 in a multifamily building for which— 

6 (1) a partial system rebate is provided under 

7 this section for the installation of insulation and air 

8 sealing, or installation of insulation and air sealing 

9 and replacement of an HVAC system, the heating 

10 component of an HVAC system, or the cooling com11 ponent of an HVAC system, by the contractor; 

12 (2) the applicable homeowner has signed and 

13 submitted to the Secretary a release form made 

14 available pursuant to section 342(b) authorizing the 

15 contractor access to information in the utility bills of 

16 the homeowner or the applicable multifamily build17 ing owner has signed and submitted an agreement 

18 with the contractor to provide whole-building aggre19 gate information about the building’s energy use; 

20 and 

21 (3) the contractor inputs, into the Department 

22 of Energy’s Building Performance Database— 

23 (A) the energy usage for the home of a 

24 homeowner or for the household living in a mul25 tifamily building for the 12 months preceding, 


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1 and the 24 months following, the installation of 

2 insulation and air sealing or installation of in3 sulation and air sealing and replacement of an 

4 HVAC system, the heating component of an 

5 HVAC system, or the cooling component of an 

6 HVAC system; 

7 (B) a description of such installation or in8 stallation and replacement; and 

9 (C) the total cost to the homeowner or 

10 multifamily building owner for such installation 

11 or installation and replacement. 

12 (d) PROCESS.— 

13 (1) FORMS; REBATE PROCESSING SYSTEM.— 

14 Not later than 90 days after the date of enactment 

15 of this Act, the Secretary, in consultation with the 

16 Secretary of the Treasury, shall— 

17 (A) develop and make available rebate 

18 forms required to receive a partial system re19 bate under this section; 

20 (B) establish a Federal rebate processing 

21 system which shall serve as a database and in22 formation technology system that will allow 

23 homeowners and multifamily building owners to 

24 submit required rebate forms; and 


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1 (C) establish a website that provides infor2 mation on partial system rebates provided 

3 under this section, including how to determine 

4 whether particular measures qualify for a re5 bate under this section and how to receive such 

6 a rebate. 

7 (2) SUBMISSION OF FORMS.—In order to re8 ceive a partial system rebate under this section, a 

9 homeowner or multifamily building owner shall sub10 mit the required rebate forms, and any other infor11 mation the Secretary determines appropriate, to the 

12 Federal rebate processing system established pursu13 ant to paragraph (1). 

14 (e) FUNDING.— 

15 (1) LIMITATION.—For each fiscal year, the Sec16 retary may not use more than 50 percent of the 

17 amounts made available to carry out this part to 

18 carry out this section. 

19 (2) ALLOCATION.—The Secretary shall allocate 

20 amounts made available to carry out this section for 

21 partial system rebates among the States using the 

22 same formula as is used to allocate funds for States 

23 under part D of title III of the Energy Policy and 

24 Conservation Act (42 U.S.C. 6321 et seq.). 


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1 SEC. 339. STATE ADMINISTERED REBATES. 

2 (a) FUNDING.—In carrying out the Home Energy 

3 Savings Retrofit Rebate Program, and subject to the 

4 availability of appropriations for such purpose, the Sec5 retary shall provide grants to States to carry out programs 

6 to provide rebates in accordance with this section. 

7 (b) STATE PARTICIPATION.— 

8 (1) PLAN.—In order to receive a grant under 

9 this section a State shall submit to the Secretary an 

10 application that includes a plan to implement a 

11 State program that meets the minimum criteria 

12 under subsection (c). 

13 (2) APPROVAL.—Not later than 60 days after 

14 receipt of a completed application for a grant under 

15 this section, the Secretary shall either approve the 

16 application or provide to the applicant an expla17 nation for denying the application. 

18 (c) MINIMUM CRITERIA FOR STATE PROGRAMS.— 

19 Not later than 6 months after the date of enactment of 

20 this Act, the Secretary shall establish and publish min21 imum criteria for a State program to meet to qualify for 

22 funding under this section, including— 

23 (1) that the State program be carried out by 

24 the applicable State energy office or its designee; 


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1 (2) that a rebate be provided under a State pro2 gram only for a home energy efficiency retrofit 

3 that— 

4 (A) is completed by a contractor who 

5 meets minimum training requirements and cer6 tification requirements set forth by the Sec7 retary; 

8 (B) includes installation of one or more 

9 home energy efficiency retrofit measures for a 

10 home that together are modeled to achieve, or 

11 are shown to achieve, a reduction in home en12 ergy use of 20 percent or more from the base13 line energy use of the home; 

14 (C) does not include installation of any 

15 measure that the Secretary determines does not 

16 improve the thermal energy performance of the 

17 home, such as a pool pump, pool heater, spa, or 

18 EV charger; and 

19 (D) includes, after installation of the appli20 cable home energy efficiency retrofit measures, 

21 a test-out procedure conducted in accordance 

22 with guidelines issued by the Secretary of such 

23 measures to ensure— 

24 (i) the safe operation of all systems 

25 post retrofit; and 


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1 (ii) that all improvements are included 

2 in, and have been installed according to— 

3 (I) manufacturers installation 

4 specifications; and 

5 (II) all applicable State and local 

6 codes or equivalent standards ap7 proved by the Secretary; 

8 (3) that the State program utilize— 

9 (A) for purposes of modeled performance 

10 rebates, modeling software approved by the Sec11 retary for determining and documenting the 

12 baseline energy use of a home and the reduc13 tions in home energy use resulting from the im14 plementation of a home energy efficiency ret15 rofit; and 

16 (B) for purposes of measured performance 

17 rebates, methods and procedures approved by 

18 the Secretary for determining and documenting 

19 the baseline energy use of a home and the re20 ductions in home energy use resulting from the 

21 implementation of a home energy efficiency ret22 rofit, including methods and procedures for use 

23 of advanced metering infrastructure, weather24 normalized data, and open source standards, to 


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1 measure such baseline energy use and such re2 ductions in home energy use; 

3 (4) that the State program include implementa4 tion of a quality assurance program— 

5 (A) to ensure that home energy efficiency 

6 retrofits are achieving the stated level of energy 

7 savings, that efficiency measures were installed 

8 correctly, and that work is performed in accord9 ance with procedures developed by the Sec10 retary, including through quality-control inspec11 tions for a portion of home energy efficiency 

12 retrofits completed by each applicable con13 tractor; and 

14 (B) under which a quality-control inspec15 tion of a home energy efficiency retrofit is per16 formed by a quality assurance provider who— 

17 (i) is independent of the contractor 

18 for such retrofit; and 

19 (ii) will confirm that such contractor 

20 is a contractor who meets minimum train21 ing requirements and certification require22 ments set forth by the Secretary; 

23 (5) that the State program include require24 ments for a homeowner, contractor, or rebate 

25 aggregator to claim a rebate, including that the 


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1 homeowner, contractor, or rebate aggregator submit 

2 any applicable forms approved by the Secretary to 

3 the State, including a copy of the certificate pro4 vided by the applicable contractor certifying pro5 jected or measured reduction of home energy use; 

6 (6) that the State program may include require7 ments for an entity to be eligible to serve as a rebate 

8 aggregator to facilitate the delivery of rebates to 

9 homeowners or contractors; 

10 (7) that the State program include procedures 

11 for a homeowner to transfer the right to claim a re12 bate to the contractor performing the applicable 

13 home energy efficiency retrofit or to a rebate 

14 aggregator that works with the contractor; and 

15 (8) that the State program provide that a 

16 homeowner, contractor, or rebate aggregator may 

17 claim more than one rebate under the State pro18 gram, and may claim a rebate under the State pro19 gram after receiving a partial system rebate under 

20 section 338, provided that no 2 rebates may be pro21 vided with respect to a home using the same baseline 

22 energy use of such home. 

23 (d) MODELED PERFORMANCE REBATES.— 

24 (1) IN GENERAL.—In carrying out a State pro25 gram under this section, a State may provide a 


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1 homeowner, contractor, or rebate aggregator a re2 bate, to be known as a modeled performance rebate, 

3 for an energy audit of a home and a home energy 

4 efficiency retrofit that is projected, using modeling 

5 software approved by the Secretary, to reduce home 

6 energy use by at least 20 percent. 

7 (2) AMOUNT.— 

8 (A) IN GENERAL.—Except as provided in 

9 section 340, and subject to subparagraph (B), 

10 the amount of a modeled performance rebate 

11 provided under a State program shall be equal 

12 to 50 percent of the cost of the applicable en13 ergy audit of a home and home energy effi14 ciency retrofit, including the cost of diagnostic 

15 procedures, labor, reporting, and modeling. 

16 (B) LIMITATION.—Except as provided in 

17 section 340, with respect to an energy audit 

18 and home energy efficiency retrofit that is pro19 jected to reduce home energy use by— 

20 (i) at least 20 percent, but less than 

21 40 percent, the maximum amount of a 

22 modeled performance rebate shall be 

23 $2,000; and 


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1 (ii) at least 40 percent, the maximum 

2 amount of a modeled performance rebate 

3 shall be $4,000. 

4 (e) MEASURED PERFORMANCE REBATES.— 

5 (1) IN GENERAL.—In carrying out a State pro6 gram under this section, a State may provide a 

7 homeowner, contractor, or rebate aggregator a re8 bate, to be known as a measured performance re9 bate, for a home energy efficiency retrofit that re10 duces home energy use by at least 20 percent as 

11 measured using methods and procedures approved 

12 by the Secretary. 

13 (2) AMOUNT.— 

14 (A) IN GENERAL.—Except as provided in 

15 section 340, and subject to subparagraph (B), 

16 the amount of a measured performance rebate 

17 provided under a State program shall be equal 

18 to 50 percent of the cost, including the cost of 

19 diagnostic procedures, labor, reporting, and en20 ergy measurement, of the applicable home en21 ergy efficiency retrofit. 

22 (B) LIMITATION.—Except as provided in 

23 section 340, with respect to a home energy effi24 ciency retrofit that is measured as reducing 

25 home energy use by— 


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1 (i) at least 20 percent, but less than 

2 40 percent, the maximum amount of a 

3 measured performance rebate shall be 

4 $2,000; and 

5 (ii) at least 40 percent, the maximum 

6 amount of a measured performance rebate 

7 shall be $4,000. 

8 (f) COORDINATION OF REBATE AND EXISTING

9 STATE-SPONSORED OR UTILITY-SPONSORED PRO10 GRAMS.—A State that receives a grant under this section 

11 is encouraged to work with State agencies, energy utilities, 

12 nonprofits, and other entities— 

13 (1) to assist in marketing the availability of the 

14 rebates under the applicable State program; 

15 (2) to coordinate with utility or State managed 

16 financing programs; 

17 (3) to assist in implementation of the applicable 

18 State program, including installation of home energy 

19 efficiency retrofits; and 

20 (4) to coordinate with existing quality assur21 ance programs. 

22 (g) ADMINISTRATION AND OVERSIGHT.— 

23 (1) REVIEW OF APPROVED MODELING SOFT24 WARE.—The Secretary shall, on an annual basis, list 

25 and review all modeling software approved for use in 


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1 determining and documenting the reductions in 

2 home energy use for purposes of modeled perform3 ance rebates under subsection (d). In approving such 

4 modeling software each year, the Secretary shall en5 sure that modeling software approved for a year will 

6 result in modeling of energy efficiency gains for any 

7 type of home energy efficiency retrofit that is at 

8 least as substantial as the modeling of energy effi9 ciency gains for such type of home energy efficiency 

10 retrofit using the modeling software approved for 

11 the previous year. 

12 (2) OVERSIGHT.—If the Secretary determines 

13 that a State is not implementing a State program 

14 that was approved pursuant to subsection (b) and 

15 that meets the minimum criteria under subsection 

16 (c), the Secretary may, after providing the State a 

17 period of at least 90 days to meet such criteria, 

18 withhold grant funds under this section from the 

19 State. 

20 SEC. 340. SPECIAL PROVISIONS FOR MODERATE INCOME 

21 HOUSEHOLDS. 

22 (a) CERTIFICATIONS.—The Secretary shall establish 

23 procedures for certifying that the household of a home24 owner or that, in the case of a multifamily building, the 


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1 majority of households in the building is moderate income 

2 for purposes of this section. 

3 (b) PERCENTAGES.—Subject to subsection (c), for 

4 households that are certified pursuant to the procedures 

5 established under subsection (a) as moderate income the— 

6 (1) amount of a partial system rebate under 

7 section 338 shall not exceed 60 percent of the appli8 cable purchase and installation costs described in 

9 section 338(b)(1); and 

10 (2) amount of— 

11 (A) a modeled performance rebate under 

12 section 339 provided shall be equal to 80 per13 cent of the applicable costs described in section 

14 339(d)(2)(A); and 

15 (B) a measured performance rebate under 

16 section 339 provided shall be equal to 80 per17 cent of the applicable costs described in section 

18 339(e)(2)(A). 

19 (c) MAXIMUM AMOUNTS.—For households that are 

20 certified pursuant to the procedures established under 

21 subsection (a) as moderate income the maximum 

22 amount— 

23 (1) of a partial system rebate— 

24 (A) under section 338(a)(1) for the pur25 chase and installation of insulation and air sealVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ing within a home of the homeowner or the 

2 household living in a multifamily building shall 

3 be $1,600; and 

4 (B) under section 338(a)(2) for the pur5 chase and installation of insulation and air seal6 ing within a home of the homeowner or the 

7 household living in a multifamily building and 

8 replacement of an HVAC system, the heating 

9 component of an HVAC system, or the cooling 

10 component of an HVAC system, of such home, 

11 shall be $3,000; 

12 (2) of a modeled performance rebate under sec13 tion 339 for an energy audit and home energy effi14 ciency retrofit that is projected to reduce home en15 ergy use as described in— 

16 (A) section 339(d)(2)(B)(i) shall be 

17 $4,000; and 

18 (B) section 339(d)(2)(B)(ii) shall be 

19 $8,000; and 

20 (3) of a measured performance rebate under 

21 section 339 for a home energy efficiency retrofit that 

22 reduces home energy use as described in— 

23 (A) section 339(e)(2)(B)(i) shall be 

24 $4,000; and 


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1 (B) section 339(e)(2)(B)(ii) shall be 

2 $8,000. 

3 (d) OUTREACH.—The Secretary shall establish proce4 dures to— 

5 (1) provide information to households of home6 owners or multifamily building owners that are cer7 tified pursuant to the procedures established under 

8 subsection (a) as moderate income regarding other 

9 programs and resources relating to assistance for 

10 energy efficiency upgrades of homes, including the 

11 weatherization assistance program implemented 

12 under part A of title IV of the Energy Conservation 

13 and Production Act (42 U.S.C. 6861 et seq.); and 

14 (2) refer such households and owners, as appli15 cable, to such other programs and resources. 

16 SEC. 341. EVALUATION REPORTS TO CONGRESS. 

17 (a) IN GENERAL.—Not later than 3 years after the 

18 date of enactment of this Act and annually thereafter until 

19 the termination of the Home Energy Savings Retrofit Re20 bate Program, the Secretary shall submit to Congress a 

21 report on the use of funds made available to carry out 

22 this part. 

23 (b) CONTENTS.—Each report submitted under sub24 section (a) shall include— 


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1 (1) how many home energy efficiency retrofits 

2 have been completed during the previous year under 

3 the Home Energy Savings Retrofit Rebate Program; 

4 (2) an estimate of how many jobs have been 

5 created through the Home Energy Savings Retrofit 

6 Rebate Program, directly and indirectly; 

7 (3) a description of what steps could be taken 

8 to promote further deployment of energy efficiency 

9 and renewable energy retrofits; 

10 (4) a description of the quantity of verifiable 

11 energy savings, homeowner energy bill savings, and 

12 other benefits of the Home Energy Savings Retrofit 

13 Rebate Program; 

14 (5) a description of any waste, fraud, or abuse 

15 with respect to funds made available to carry out 

16 this part; and 

17 (6) any other information the Secretary con18 siders appropriate. 

19 SEC. 342. ADMINISTRATION. 

20 (a) IN GENERAL.—The Secretary shall provide such 

21 administrative and technical support to contractors, rebate 

22 aggregators, States, and Indian Tribes as is necessary to 

23 carry out this part. 

24 (b) INFORMATION COLLECTION.—The Secretary 

25 shall establish, and make available to a homeowner, or the 


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1 homeowner’s designated representative, seeking a rebate 

2 under this part, release forms authorizing access by the 

3 Secretary, or a designated third-party representative to in4 formation in the utility bills of the homeowner with appro5 priate privacy protections in place. 

6 (c) APPLICATION OF WAGE RATE REQUIREMENTS TO

7 PARTIAL SYSTEM AND STATE ADMINISTERED RE8 BATES.—Section 841(b) of this Act shall not apply to re9 bates under sections 338 and 339. 

10 SEC. 343. TREATMENT OF REBATES. 

11 For purposes of the Internal Revenue Code of 1986, 

12 gross income shall not include any rebate received under 

13 this part. 

14 SEC. 344. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There are authorized to be appro16 priated to the Secretary to carry out this part 

17 $1,600,000,000 for each of fiscal years 2022 through 

18 2031, to remain available until expended. 

19 (b) TRIBAL ALLOCATION.—Of the amounts made 

20 available pursuant to subsection (a) for a fiscal year, the 

21 Secretary shall work with Indian Tribes and use 2 percent 

22 of such amounts to carry out a program or programs that 

23 as close as possible reflect the goals, requirements, and 

24 provisions of this part, taking into account any factors 

25 that the Secretary determines to be appropriate. 


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1 PART 3—GENERAL PROVISIONS 

2 SEC. 345. APPOINTMENT OF PERSONNEL. 

3 Notwithstanding the provisions of title 5, United 

4 States Code, regarding appointments in the competitive 

5 service and General Schedule classifications and pay rates, 

6 the Secretary may appoint such professional and adminis7 trative personnel as the Secretary considers necessary to 

8 carry out this subtitle. 

9 SEC. 346. MAINTENANCE OF FUNDING. 

10 Each State receiving Federal funds pursuant to this 

11 subtitle shall provide reasonable assurances to the Sec12 retary that it has established policies and procedures de13 signed to ensure that Federal funds provided under this 

14 subtitle will be used to supplement, and not to supplant, 

15 State and local funds. 

16 Subtitle E—Investing in State 

17 Energy 

18 SEC. 351. INVESTING IN STATE ENERGY. 

19 (a) TIMING FOR DISTRIBUTION OF FINANCIAL AS20 SISTANCE UNDER THE WEATHERIZATION ASSISTANCE

21 PROGRAM.—Section 417(d) of the Energy Conservation 

22 and Production Act (42 U.S.C. 6867(d)) is amended— 

23 (1) by striking ‘‘(d) PAYMENTS’’ and inserting 

24 the following: 

25 ‘‘(d) METHOD AND TIMING OF PAYMENTS.— 


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

2 any payments’’; and 

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

4 ‘‘(2) TIMING.—Notwithstanding any other pro5 vision of law (including regulations), not later than 

6 60 days after the date on which funds have been 

7 made available to provide assistance under this part, 

8 the Secretary shall distribute to the applicable re9 cipient the full amount of assistance to be provided 

10 to the recipient under this part for the fiscal year.’’. 

11 (b) TIMING FOR DISTRIBUTION OF FINANCIAL AS12 SISTANCE UNDER THE STATE ENERGY PROGRAM.—Sec13 tion 363 of the Energy Policy and Conservation Act (42 

14 U.S.C. 6323) is amended by adding at the end the fol15 lowing: 

16 ‘‘(g) TIMING FOR DISTRIBUTION OF FINANCIAL AS17 SISTANCE.—Notwithstanding any other provision of law 

18 (including regulations), not later than 60 days after the 

19 date on which funds have been made available to provide 

20 financial assistance under this section, the Secretary shall 

21 distribute to the applicable State the full amount of assist22 ance to be provided to the State under this section for 

23 the fiscal year.’’. 


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1 SEC. 352. STATE ENERGY SECURITY PLANS. 

2 (a) IN GENERAL.—Part D of title III of the Energy 

3 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 

4 amended by adding at the end the following: 

5 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 

6 ‘‘(a) IN GENERAL.—Federal financial assistance 

7 made available to a State under this part may be used 

8 for the implementation, review, and revision of a State en9 ergy security plan that assesses the State’s existing cir10 cumstances and proposes methods to strengthen the abil11 ity of the State, in consultation with owners and operators 

12 of energy infrastructure in such State, to— 

13 ‘‘(1) secure the energy infrastructure of the 

14 State against all physical and cybersecurity threats; 

15 ‘‘(2) mitigate the risk of energy supply disrup16 tions to the State and enhance the response to, and 

17 recovery from, energy disruptions; and 

18 ‘‘(3) ensure the State has a reliable, secure, and 

19 resilient energy infrastructure. 

20 ‘‘(b) CONTENTS OF PLAN.—A State energy security 

21 plan described in subsection (a) shall— 

22 ‘‘(1) address all fuels, including petroleum 

23 products, other liquid fuels, coal, electricity, and nat24 ural gas, as well as regulated and unregulated en25 ergy providers; 


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1 ‘‘(2) provide a State energy profile, including 

2 an assessment of energy production, distribution, 

3 and end-use; 

4 ‘‘(3) address potential hazards to each energy 

5 sector or system, including physical threats and cy6 bersecurity threats and vulnerabilities; 

7 ‘‘(4) provide a risk assessment of energy infra8 structure and cross-sector interdependencies; 

9 ‘‘(5) provide a risk mitigation approach to en10 hance reliability and end-use resilience; and 

11 ‘‘(6) address multi-State, Indian Tribe, and re12 gional coordination planning and response, and to 

13 the extent practicable, encourage mutual assistance 

14 in cyber and physical response plans. 

15 ‘‘(c) COORDINATION.—In developing a State energy 

16 security plan under this section, the energy office of the 

17 State shall, to the extent practicable, coordinate with— 

18 ‘‘(1) the public utility or service commission of 

19 the State; 

20 ‘‘(2) energy providers from the private sector; 

21 and 

22 ‘‘(3) other entities responsible for maintaining 

23 fuel or electric reliability. 

24 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 

25 to receive Federal financial assistance under this part, for 


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1 any purpose, for a fiscal year unless the Governor of such 

2 State submits to the Secretary, with respect to such fiscal 

3 year— 

4 ‘‘(1) a State energy security plan described in 

5 subsection (a) that meets the requirements of sub6 section (b); or 

7 ‘‘(2) after an annual review of the State energy 

8 security plan by the Governor— 

9 ‘‘(A) any necessary revisions to such plan; 

10 or 

11 ‘‘(B) a certification that no revisions to 

12 such plan are necessary. 

13 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

14 Governor of a State, the Secretary may provide informa15 tion and technical assistance, and other assistance, in the 

16 development, implementation, or revision of a State energy 

17 security plan. 

18 ‘‘(f) SUNSET.—This section shall expire on October 

19 31, 2024.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) CONFORMING AMENDMENTS.—Section 363 

22 of the Energy Policy and Conservation Act (42 

23 U.S.C. 6323) is amended— 

24 (A) by redesignating subsection (f) as sub25 section (e); and 


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1 (B) by striking subsection (e). 

2 (2) TECHNICAL AMENDMENT.—Section 

3 366(3)(B)(i) of the Energy Policy and Conservation 

4 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik5 ing ‘‘approved under section 367’’. 

6 (3) REFERENCE.—The item relating to ‘‘De7 partment of Energy—Energy Conservation’’ in title 

8 II of the Department of the Interior and Related 

9 Agencies Appropriations Act, 1985 (42 U.S.C. 

10 6323a) is amended by striking ‘‘sections 361 

11 through 366’’ and inserting ‘‘sections 361 through 

12 367’’. 

13 (4) TABLE OF SECTIONS.—The table of sections 

14 for part D of title III of the Energy Policy and Con15 servation Act is amended by adding at the end the 

16 following: 

‘‘Sec. 367. State energy security plans.’’. 

17 Subtitle F—FEMP 

18 SEC. 361. ENERGY AND WATER PERFORMANCE REQUIRE19 MENT FOR FEDERAL FACILITIES. 

20 (a) IN GENERAL.—Section 543 of the National En21 ergy Conservation Policy Act (42 U.S.C. 8253) is amend22 ed— 

23 (1) in the section heading, by inserting ‘‘AND

24 WATER’’ after ‘‘ENERGY’’; 

25 (2) in subsection (a)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘ENERGY PERFORMANCE REQUIREMENT FOR

3 FEDERAL BUILDINGS’’ and inserting ‘‘ENERGY

4 AND WATER PERFORMANCE REQUIREMENT

5 FOR FEDERAL FACILITIES’’; 

6 (B) by striking paragraph (1) and insert7 ing the following: 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 the head of each agency shall— 

10 ‘‘(A) for each of fiscal years 2020 through 

11 2030, reduce average facility energy intensity 

12 (as measured in British thermal units per gross 

13 square foot) at facilities of the agency by 2.5 

14 percent each fiscal year relative to the average 

15 facility energy intensity of the facilities of the 

16 agency in fiscal year 2018; 

17 ‘‘(B) for each of fiscal years 2020 through 

18 2030, improve water use efficiency and manage19 ment, including stormwater management, at fa20 cilities of the agency by reducing agency water 

21 consumption intensity— 

22 ‘‘(i) by reducing the potable water 

23 consumption by 54 percent by fiscal year 

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1 cal year 2007, through reductions of 2 per2 cent each fiscal year (as measured in gal3 lons per gross square foot); 

4 ‘‘(ii) by reducing the industrial, land5 scaping, and agricultural water consump6 tion of the agency, as compared to a base7 line of that consumption at facilities of the 

8 agency in fiscal year 2010, through reduc9 tions of 2 percent each fiscal year (as 

10 measured in gallons); and 

11 ‘‘(iii) by installing appropriate infra12 structure features at facilities of the agen13 cy to improve stormwater and wastewater 

14 management; and 

15 ‘‘(C) to the maximum extent practicable, in 

16 carrying out subparagraphs (A) and (B), take 

17 measures that are life cycle cost-effective.’’; 

18 (C) in paragraph (2)— 

19 (i) by striking ‘‘(2) An agency’’ and 

20 inserting the following: 

21 ‘‘(2) ENERGY AND WATER INTENSIVE FACILITY

22 EXCLUSION.—An agency’’; 

23 (ii) by striking ‘‘building’’ and insert24 ing ‘‘facility’’; 


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1 (iii) by inserting ‘‘and water’’ after 

2 ‘‘energy’’ each place it appears; and 

3 (iv) by striking ‘‘buildings’’ and in4 serting ‘‘facilities’’; and 

5 (D) by striking paragraph (3) and insert6 ing the following: 

7 ‘‘(3) RECOMMENDATIONS.—Not later than De8 cember 31, 2029, the Secretary shall— 

9 ‘‘(A) review the results of the implementa10 tion of the energy and water performance re11 quirements established under paragraph (1); 

12 and 

13 ‘‘(B) submit to Congress recommendations 

14 concerning energy and water performance re15 quirements for fiscal years 2031 through 

16 2040.’’; 

17 (3) in subsection (b)— 

18 (A) in the subsection heading, by inserting 

19 ‘‘AND WATER’’ after ‘‘ENERGY’’; and 

20 (B) by striking paragraph (1) and insert21 ing the following: 

22 ‘‘(1) IN GENERAL.—Each agency shall— 

23 ‘‘(A) not later than October 1, 2020, to 

24 the maximum extent practicable, begin install25 ing in facilities owned by the United States all 


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1 energy and water conservation measures deter2 mined by the Secretary to be life cycle cost-ef3 fective; and 

4 ‘‘(B) complete the installation described in 

5 subparagraph (A) as soon as practicable after 

6 the date referred to in that subparagraph.’’; 

7 (4) in subsection (c)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘Federal building or 

10 collection of Federal buildings’’ each place 

11 it appears and inserting ‘‘Federal facility’’; 

12 (ii) in subparagraph (A)— 

13 (I) in the matter preceding clause 

14 (i), by striking ‘‘An agency’’ and in15 serting ‘‘The head of each agency’’; 

16 and 

17 (II) by inserting ‘‘or water’’ after 

18 ‘‘energy’’ each place it appears; and 

19 (iii) in subparagraph (B)(i), by insert20 ing ‘‘or water’’ after ‘‘energy’’; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘buildings’’ and insert23 ing ‘‘facilities’’; and 

24 (ii) by striking ‘‘building’’ and insert25 ing ‘‘facility’’; and 


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1 (C) in paragraph (3), by adding at the end 

2 the following: ‘‘Not later than 1 year after the 

3 date of enactment of the CLEAN Future Act, 

4 the Secretary shall issue guidelines to establish 

5 criteria for exclusions to water performance re6 quirements under paragraph (1). The Secretary 

7 shall update the criteria for exclusions under 

8 this subsection as appropriate to reflect chang9 ing technology and other conditions.’’; 

10 (5) in subsection (d)(2)— 

11 (A) by inserting ‘‘and water’’ after ‘‘en12 ergy’’; and 

13 (B) by striking ‘‘buildings’’ and inserting 

14 ‘‘facilities’’; 

15 (6) in subsection (e)— 

16 (A) in the subsection heading, by inserting 

17 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

18 (B) in paragraph (1)— 

19 (i) by striking ‘‘By October 1’’ and in20 serting the following: 

21 ‘‘(A) ENERGY.—By October 1’’; 

22 (ii) by striking ‘‘buildings’’ each place 

23 it appears and inserting ‘‘facilities’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(B) WATER.—By February 1, 2025, in 

2 accordance with guidelines established by the 

3 Secretary under paragraph (2), each agency 

4 shall use water meters at facilities of the agency 

5 where doing so will assist in reducing the cost 

6 of water used at such facilities.’’; 

7 (C) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘and’’ before 

10 ‘‘Federal’’; 

11 (II) by inserting ‘‘and any other 

12 person the Secretary deems nec13 essary,’’ before ‘‘shall’’; and 

14 (III) by striking ‘‘paragraph 

15 (1).’’ and inserting ‘‘paragraph 

16 (1)(A). Not later than 180 days after 

17 the date of enactment of the CLEAN 

18 Future Act, the Secretary, in con19 sultation with such departments and 

20 entities, shall establish guidelines for 

21 agencies to carry out paragraph 

22 (1)(B).’’; and 

23 (ii) in subparagraph (B)— 

24 (I) by amending clause (i)(II) to 

25 read as follows: 


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1 ‘‘(II) the extent to which meter2 ing is expected to result in increased 

3 potential for energy and water man4 agement, increased potential for en5 ergy and water savings, energy and 

6 water efficiency improvements, and 

7 cost savings due to utility contract ag8 gregation; and’’; 

9 (II) in clause (ii), by inserting 

10 ‘‘and water’’ after ‘‘energy’’; 

11 (III) in clause (iii), by striking 

12 ‘‘buildings’’ and inserting ‘‘facilities’’; 

13 and 

14 (IV) in clause (iv), by striking 

15 ‘‘energy use of a Federal building’’ 

16 and inserting ‘‘energy and water use 

17 of a Federal facility’’; and 

18 (D) in paragraph (4)— 

19 (i) in subparagraph (A)— 

20 (I) by striking ‘‘this paragraph’’ 

21 and inserting ‘‘the CLEAN Future 

22 Act’’; and 

23 (II) by inserting ‘‘and water’’ be24 fore ‘‘use in’’; and 

25 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘buildings’’ each 

2 place it appears and inserting ‘‘facili3 ties’’; and 

4 (II) in clause (ii), in the matter 

5 preceding subclause (I), by inserting 

6 ‘‘and water’’ after ‘‘energy’’; 

7 (7) in subsection (f)— 

8 (A) in the subsection heading, by striking 

9 ‘‘BUILDINGS’’ and inserting ‘‘FACILITIES’’; 

10 (B) in paragraph (1)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘In this subsection’’ 

13 and inserting ‘‘In this section’’; 

14 (ii) in subparagraph (B)(i)(II), by in15 serting ‘‘and water’’ after ‘‘energy’’; and 

16 (iii) in subparagraph (C)(i), by insert17 ing ‘‘that consumes energy or water and 

18 is’’ before ‘‘owned or operated’’; 

19 (C) in paragraph (2)— 

20 (i) in subparagraph (A), by inserting 

21 ‘‘and water’’ before ‘‘use’’; and 

22 (ii) in subparagraph (B)— 

23 (I) by striking ‘‘energy’’ before 

24 ‘‘efficiency’’; and 


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1 (II) by inserting ‘‘or water’’ be2 fore ‘‘use’’; 

3 (D) in paragraph (7)(B)(ii)(II), by insert4 ing ‘‘and water’’ after ‘‘energy’’; 

5 (E) in paragraph (8)— 

6 (i) by striking ‘‘building’’ each place it 

7 appears and inserting ‘‘facility’’; 

8 (ii) in subparagraph (A), by adding at 

9 the end the following: ‘‘The energy man10 ager shall enter water use data for each 

11 metered facility that is (or is a part of) a 

12 facility that meets the criteria established 

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

14 into a facility water use benchmarking sys15 tem.’’; and 

16 (iii) in subparagraph (B), by striking 

17 ‘‘this subsection’’ and inserting ‘‘the date 

18 of enactment of the CLEAN Future Act’’; 

19 and 

20 (F) in paragraph (9)(A), in the matter 

21 preceding clause (i), by inserting ‘‘and water’’ 

22 after ‘‘energy’’; and 

23 (8) in subsection (g)(1)— 

24 (A) by striking ‘‘building’’ and inserting 

25 ‘‘facility’’; and 


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1 (B) by striking ‘‘energy efficient’’ and in2 serting ‘‘energy and water efficient’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for the National Energy Conservation Policy Act 

5 (Public Law 95–619; 92 Stat. 3206) is amended by strik6 ing the item relating to section 543 and inserting the fol7 lowing: 

‘‘Sec. 543. Energy and water management requirements.’’. 

8 Subtitle G—Open Back Better 

9 SEC. 371. FACILITIES ENERGY RESILIENCY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) COVERED PROJECT.—The term ‘‘covered 

12 project’’ means a building project at an eligible facil13 ity that— 

14 (A) increases— 

15 (i) resiliency, including— 

16 (I) public health and safety; 

17 (II) power outages; 

18 (III) natural disasters; 

19 (IV) indoor air quality; and 

20 (V) any modifications neces21 sitated by the COVID–19 pandemic; 

22 (ii) energy efficiency; 

23 (iii) renewable energy; and 

24 (iv) grid integration; and 


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1 (B) may have combined heat and power 

2 and energy storage as project components. 

3 (2) EARLY CHILDHOOD EDUCATION PRO4 GRAM.—The term ‘‘early childhood education pro5 gram’’ has the meaning given the term in section 

6 103 of the Higher Education Act of 1965 (20 

7 U.S.C. 1003). 

8 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen9 tary school’’ has the meaning given the term in sec10 tion 8101 of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 7801). 

12 (4) ELIGIBLE FACILITY.—The term ‘‘eligible fa13 cility’’ means a public facility, as determined by the 

14 Secretary, including— 

15 (A) a public school, including an elemen16 tary school and a secondary school; 

17 (B) a facility used to operate an early 

18 childhood education program; 

19 (C) a local educational agency; 

20 (D) a medical facility; 

21 (E) a local or State government building; 

22 (F) a community facility; 

23 (G) a public safety facility; 

24 (H) a day care center; 

25 (I) an institution of higher education; 


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1 (J) a public library; and 

2 (K) a wastewater treatment facility. 

3 (5) ENVIRONMENTAL JUSTICE COMMUNITY.— 

4 The term ‘‘environmental justice community’’ has 

5 the meaning given that term in section 601. 

6 (6) INSTITUTION OF HIGHER EDUCATION.—The 

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

8 meaning given the term in section 101 of the Higher 

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

10 (7) LOCAL EDUCATIONAL AGENCY.—The term 

11 ‘‘local educational agency’’ has the meaning given 

12 the term in section 8101 of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C. 7801). 

14 (8) LOW INCOME.—The term ‘‘low income’’ has 

15 the meaning given that term in section 601. 

16 (9) LOW INCOME COMMUNITY.—The term ‘‘low 

17 income community’’ has the meaning given that 

18 term in section 601. 

19 (10) SECONDARY SCHOOL.—The term ‘‘sec20 ondary school’’ has the meaning given the term in 

21 section 8101 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7801). 

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

24 means the Secretary of Energy. 


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1 (12) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 3 of the Energy Policy 

3 and Conservation Act (42 U.S.C. 6202). 

4 (13) STATE ENERGY PROGRAM.—The term 

5 ‘‘State Energy Program’’ means the State Energy 

6 Program established under part D of title III of the 

7 Energy Policy and Conservation Act (42 U.S.C. 

8 6321 et seq.). 

9 (14) TRIBAL ORGANIZATION.— 

10 (A) IN GENERAL.—The term ‘‘tribal orga11 nization’’ has the meaning given the term in 

12 section 3765 of title 38, United States Code. 

13 (B) TECHNICAL AMENDMENT.—Section 

14 3765(4) of title 38, United States Code, is 

15 amended by striking ‘‘section 4(l) of the Indian 

16 Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 

18 4 of the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 5304)’’. 

20 (b) STATE PROGRAMS.— 

21 (1) ESTABLISHMENT.—Not later than 60 days 

22 after the date of enactment of this Act, the Sec23 retary shall distribute grants to States under the 

24 State Energy Program, in accordance with the alloVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 cation formula established under that Program, to 

2 implement covered projects. 

3 (2) USE OF FUNDS.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), grant funds under paragraph (1) 

6 may be used for technical assistance, project fa7 cilitation, and administration. 

8 (B) TECHNICAL ASSISTANCE.—A State 

9 may use not more than 10 percent of grant 

10 funds received under paragraph (1) to provide 

11 technical assistance for the development, facili12 tation, management, oversight, and measure13 ment of results of covered projects implemented 

14 using those funds. 

15 (C) ENVIRONMENTAL JUSTICE AND OTHER

16 COMMUNITIES.—To support communities ad17 versely impacted by the COVID–19 pandemic, a 

18 State shall use not less than 40 percent of 

19 grant funds received under paragraph (1) to 

20 implement covered projects in environmental 

21 justice communities or low income communities. 

22 (D) PRIVATE FINANCING.—A State receiv23 ing a grant under paragraph (1) shall— 

24 (i) to the extent practicable, leverage 

25 private financing for cost-effective energy 


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1 efficiency, renewable energy, resiliency, and 

2 other smart-building improvements, such 

3 as by entering into an energy service per4 formance contract; but 

5 (ii) maintain the use of grant funds to 

6 carry out covered projects with more 

7 project resiliency, public health, and cap8 ital-intensive efficiency and emission reduc9 tion components than are typically avail10 able through private energy service per11 formance contracts. 

12 (E) GUIDANCE.—In carrying out a covered 

13 project using grant funds received under para14 graph (1), a State shall, to the extent prac15 ticable, adhere to guidance developed by the 

16 Secretary pursuant to the American Recovery 

17 and Reinvestment Act of 2009 (Public Law 

18 111–5; 123 Stat. 115) relating to distribution 

19 of funds, if that guidance will speed the dis20 tribution of funds under this subsection. 

21 (3) NO MATCHING REQUIREMENT.—Notwith22 standing any other provision of law, a State receiv23 ing a grant under paragraph (1) shall not be re24 quired to provide any amount of matching funding. 


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1 (4) REPORT.—Not later than 1 year after the 

2 date on which grants are distributed under para3 graph (1), and each year thereafter until the funds 

4 appropriated under paragraph (5) are no longer 

5 available, the Secretary shall submit a report on the 

6 use of those funds (including in the communities de7 scribed in paragraph (2)(C)) to— 

8 (A) the Subcommittee on Energy and 

9 Water Development of the Committee on Ap10 propriations of the Senate; 

11 (B) the Subcommittee on Energy and 

12 Water Development and Related Agencies of 

13 the Committee on Appropriations of the House 

14 of Representatives; 

15 (C) the Committee on Energy and Natural 

16 Resources of the Senate; 

17 (D) the Committee on Energy and Com18 merce of the House of Representatives; and 

19 (E) the Committee on Education and 

20 Labor of the House of Representatives. 

21 (5) FUNDING.—In addition to any amounts 

22 made available to the Secretary to carry out the 

23 State Energy Program, there is authorized to be ap24 propriated to the Secretary $3,600,000,000 to carry 


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1 out this subsection for each of fiscal years 2022 

2 through 2031, to remain available until expended. 

3 (6) SUPPLEMENT, NOT SUPPLANT.—Funds 

4 made available under paragraph (5) shall supple5 ment, not supplant, any other funds made available 

6 to States for the State Energy Program or the 

7 weatherization assistance program established under 

8 part A of title IV of the Energy Conservation and 

9 Production Act (42 U.S.C. 6861 et seq.). 

10 (c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 

11 (1) IN GENERAL.—Not later than 60 days after 

12 the date of enactment of this Act, the Secretary 

13 shall use the funds appropriated under paragraph 

14 (4) to provide grants under the AFFECT program 

15 under the Federal Energy Management Program of 

16 the Department of Energy to implement covered 

17 projects. 

18 (2) PRIVATE FINANCING.—A recipient of a 

19 grant under paragraph (1) shall— 

20 (A) to the extent practicable, leverage pri21 vate financing for cost-effective energy effi22 ciency, renewable energy, resiliency, and other 

23 smart-building improvements, such as by enter24 ing into an energy service performance contract; 

25 but 


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1 (B) maintain the use of grant funds to 

2 carry out covered projects with more project re3 siliency, public health, and capital-intensive effi4 ciency and emission reduction components than 

5 are typically available through private energy 

6 service performance contracts. 

7 (3) REPORT.—Not later than 1 year after the 

8 date on which grants are distributed under para9 graph (1), and each year thereafter until the funds 

10 appropriated under paragraph (4) are no longer 

11 available, the Secretary shall submit a report on the 

12 use of those funds to— 

13 (A) the Subcommittee on Energy and 

14 Water Development of the Committee on Ap15 propriations of the Senate; 

16 (B) the Subcommittee on Energy and 

17 Water Development and Related Agencies of 

18 the Committee on Appropriations of the House 

19 of Representatives; 

20 (C) the Committee on Energy and Natural 

21 Resources of the Senate; 

22 (D) the Committee on Energy and Com23 merce of the House of Representatives; and 

24 (E) the Committee on Education and 

25 Labor of the House of Representatives. 


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1 (4) FUNDING.—In addition to any amounts 

2 made available to the Secretary to carry out the AF3 FECT program described in paragraph (1), there is 

4 authorized to be appropriated to the Secretary 

5 $500,000,000 to carry out this subsection, to remain 

6 available until September 30, 2025. 

7 (d) TRIBAL ORGANIZATIONS.— 

8 (1) IN GENERAL.—Not later than 60 days after 

9 the date of enactment of this Act, the Secretary, act10 ing through the head of the Office of Indian Energy, 

11 shall distribute funds made available under para12 graph (3) to Tribal organizations to implement cov13 ered projects. 

14 (2) REPORT.—Not later than 1 year after the 

15 date on which funds are distributed under para16 graph (1), and each year thereafter until the funds 

17 made available under paragraph (3) are no longer 

18 available, the Secretary shall submit a report on the 

19 use of those funds to— 

20 (A) the Subcommittee on Energy and 

21 Water Development of the Committee on Ap22 propriations of the Senate; 

23 (B) the Subcommittee on Energy and 

24 Water Development and Related Agencies of 


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1 the Committee on Appropriations of the House 

2 of Representatives; 

3 (C) the Committee on Energy and Natural 

4 Resources of the Senate; 

5 (D) the Committee on Energy and Com6 merce of the House of Representatives; and 

7 (E) the Committee on Education and 

8 Labor of the House of Representatives. 

9 (3) FUNDING.—There is authorized to be ap10 propriated to the Secretary $1,500,000,000 to carry 

11 out this subsection, to remain available until Sep12 tember 30, 2025. 

13 (e) USE OF AMERICAN IRON, STEEL, AND MANUFAC14 TURED GOODS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), none of the funds made available by or 

17 pursuant to this section may be used for a covered 

18 project unless all of the iron, steel, and manufac19 tured goods used in the project are produced in the 

20 United States. 

21 (2) EXCEPTIONS.—The requirement under 

22 paragraph (1) shall be waived by the head of the rel23 evant Federal department or agency in any case or 

24 category of cases in which the head of the relevant 

25 Federal department or agency determines that— 


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1 (A) adhering to that requirement would be 

2 inconsistent with the public interest; 

3 (B) the iron, steel, and manufactured 

4 goods needed for the project are not produced 

5 in the United States— 

6 (i) in sufficient and reasonably avail7 able quantities; and 

8 (ii) in a satisfactory quality; or 

9 (C) the inclusion of iron, steel, and rel10 evant manufactured goods produced in the 

11 United States would increase the overall cost of 

12 the project by more than 25 percent. 

13 (3) WAIVER PUBLICATION.—If the head of a 

14 Federal department or agency makes a determina15 tion under paragraph (2) to waive the requirement 

16 under paragraph (1), the head of the Federal de17 partment or agency shall publish in the Federal 

18 Register a detailed justification for the waiver. 

19 (4) INTERNATIONAL AGREEMENTS.—This sub20 section shall be applied in a manner consistent with 

21 the obligations of the United States under all appli22 cable international agreements. 

23 (f) WAGE RATE REQUIREMENTS.— 

24 (1) IN GENERAL.—Notwithstanding any other 

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1 ployed by contractors and subcontractors on projects 

2 funded directly or assisted in whole or in part by the 

3 Federal Government pursuant to this section shall 

4 be paid wages at rates not less than those prevailing 

5 on projects of a similar character in the locality, as 

6 determined by the Secretary of Labor in accordance 

7 with subchapter IV of chapter 31 of title 40, United 

8 States Code (commonly known as the ‘‘Davis-Bacon 

9 Act’’). 

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

11 standards specified in paragraph (1), the Secretary 

12 of Labor shall have the authority and functions set 

13 forth in Reorganization Plan Numbered 14 of 1950 

14 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

15 title 40, United States Code. 

16 SEC. 372. PERSONNEL. 

17 (a) IN GENERAL.—To carry out section 371, the Sec18 retary of Energy shall hire within the Department of En19 ergy— 

20 (1) not less than 300 full-time employees in the 

21 Office of Energy Efficiency and Renewable Energy; 

22 (2) not less than 100 full-time employees, to be 

23 distributed among— 

24 (A) the Office of General Counsel; 

25 (B) the Office of Procurement Policy; 


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1 (C) the Golden Field Office; 

2 (D) the National Energy Technology Lab3 oratory; and 

4 (E) the Office of the Inspector General; 

5 and 

6 (3) not less than 20 full-time employees in the 

7 Office of Indian Energy. 

8 (b) TIMELINE.—Not later than 60 days after the 

9 date of enactment of this Act, the Secretary shall— 

10 (1) hire all personnel under subsection (a); or 

11 (2) certify that the Secretary is unable to hire 

12 all personnel by the date required under this sub13 section. 

14 (c) CONTRACT HIRES.— 

15 (1) IN GENERAL.—If the Secretary makes a 

16 certification under subsection (b)(2), the Secretary 

17 may hire on a contract basis not more than 50 per18 cent of the personnel required to be hired under sub19 section (a). 

20 (2) DURATION.—An individual hired on a con21 tract basis under paragraph (1) shall have an em22 ployment term of not more than 1 year. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary to carry 


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1 out this section $84,000,000 for each of fiscal years 2022 

2 through 2031. 

3 (e) REPORT.—Not later than 60 days after the date 

4 of enactment of this Act, and annually thereafter for 2 

5 years, the Secretary shall submit a report on progress 

6 made in carrying out subsection (a) to— 

7 (1) the Subcommittee on Energy and Water 

8 Development of the Committee on Appropriations of 

9 the Senate; 

10 (2) the Subcommittee on Energy and Water 

11 Development and Related Agencies of the Committee 

12 on Appropriations of the House of Representatives; 

13 (3) the Committee on Energy and Natural Re14 sources of the Senate; 

15 (4) the Committee on Energy and Commerce of 

16 the House of Representatives; and 

17 (5) the Committee on Education and Labor of 

18 the House of Representatives. 

19 Subtitle H—Benchmarking 

20 SEC. 381. DEFINITIONS. 

21 For purposes of this subtitle: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 


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1 (2) ANONYMIZED DATA.—The term 

2 ‘‘anonymized data’’ means data that does not reveal 

3 names, addresses, or any other information that 

4 would identify an individual or business. 

5 (3) CONDOMINIUM.—The term ‘‘condominium’’ 

6 means a property that combines separate ownership 

7 of individual units with common ownership of other 

8 elements, such as common areas. 

9 (4) COVERED PROPERTY.— 

10 (A) IN GENERAL.—The term ‘‘covered 

11 property’’ means any of the following properties 

12 that exceeds 50,000 square feet in gross floor 

13 area: 

14 (i) A single building. 

15 (ii) One or more buildings held in the 

16 condominium form of ownership, and gov17 erned by a single board of managers. 

18 (iii) A campus of two or more build19 ings which are owned and operated by the 

20 same party and are— 

21 (I) behind a common utility 

22 meter, or served by a common me23 chanical or electrical system (such as 

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1 ily determine the energy use attrib2 utable to each of the individual build3 ings; or 

4 (II) used primarily as— 

5 (aa) an elementary or sec6 ondary school; 

7 (bb) a hospital; 

8 (cc) a hotel; 

9 (dd) multifamily housing; or 

10 (ee) a senior care commu11 nity. 

12 (B) EXCLUSIONS.—The term ‘‘covered 

13 property’’ does not include any of the following: 

14 (i) Single family, duplex, triplex, and 

15 fourplex residential homes and related ac16 cessory structures, or any other residential 

17 building with less than 5 units. 

18 (ii) Properties classified as manufac19 turing per designated Standard Industrial 

20 Classification (SIC) codes 20 through 39. 

21 (iii) Other building types not meeting 

22 the purpose of the initiative, as determined 

23 by the Administrator. 

24 (5) ENERGY STAR SCORE.—The term ‘‘Energy 

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1 erated by the Energy Star Portfolio Manager tool as 

2 a measurement of a building’s energy efficiency. 

3 (6) ENERGY STAR PORTFOLIO MANAGER.—The 

4 term ‘‘Energy Star Portfolio Manager’’ means the 

5 tool developed and maintained by the Administrator 

6 to track and assess the relative energy performance 

7 of buildings. 

8 (7) FINANCIAL HARDSHIP.—The term ‘‘finan9 cial hardship’’ means, with respect to a property, 

10 that the property— 

11 (A) had arrears of property taxes or water 

12 or wastewater charges that resulted in the prop13 erty’s inclusion, within the prior two years, on 

14 an annual tax lien sale list; 

15 (B) has a court appointed receiver in con16 trol of the asset due to financial distress; 

17 (C) is owned by a financial institution 

18 through default by the borrower; 

19 (D) has been acquired by a deed in lieu of 

20 foreclosure; or 

21 (E) has a senior mortgage subject to a no22 tice of default. 

23 (8) GROSS FLOOR AREA.—The term ‘‘gross 

24 floor area’’ means the total property area, measured 

25 between the outside surface of the exterior walls of 


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1 the building. This includes all areas inside the build2 ing including lobbies, tenant areas, common areas, 

3 meeting rooms, break rooms, atriums (count the 

4 base level only), restrooms, elevator shafts, stair5 wells, mechanical equipment areas, basements, and 

6 storage rooms. 

7 (9) INITIATIVE.—The term ‘‘initiative’’ means 

8 the benchmarking and transparency initiative for 

9 commercial and multifamily properties developed 

10 and carried out pursuant to section 382. 

11 (10) OWNER.—The term ‘‘owner’’ means any of 

12 the following: 

13 (A) An individual or entity possessing title 

14 to a property. 

15 (B) In the case of a condominium, the 

16 board of the owners’ association. 

17 (C) The master association, in the case of 

18 a condominium where the powers of an owners’ 

19 association are exercised by or delegated to a 

20 master association. 

21 (D) The board of directors, in the case of 

22 a cooperative apartment corporation. 

23 (E) An agent authorized to act on behalf 

24 of any of the above. 


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1 (11) STATE.—The term ‘‘State’’ means each of 

2 the several States, the District of Columbia, each 

3 territory or possession of the United States, and the 

4 governing body of each federally recognized Indian 

5 Tribe, band, nation, pueblo, or other organized 

6 group or community which is recognized as eligible 

7 for the special programs and services provided by 

8 the United States to Indians because of their status 

9 as Indians. 

10 (12) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of Energy. 

12 SEC. 382. COMMERCIAL AND MULTIFAMILY BUILDING 

13 BENCHMARKING AND TRANSPARENCY INI14 TIATIVE. 

15 (a) PURPOSE.—The Administrator shall develop and 

16 carry out a benchmarking and transparency initiative for 

17 commercial and multifamily properties the purpose of 

18 which is to— 

19 (1) advance knowledge about building energy 

20 and water performance and related greenhouse gas 

21 emissions by owners and occupants; and 

22 (2) inform efforts to reduce energy and water 

23 consumption and greenhouse gas emissions nation24 wide. 


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1 (b) CONSULTATION AND COORDINATION.—In devel2 oping the initiative, the Administrator shall consult with 

3 and coordinate with the Secretary, other relevant agencies, 

4 and relevant stakeholders, including State and local gov5 ernments with relevant benchmarking programs and ex6 perts from academia, nonprofits, and industry. 

7 (c) EXISTING PROGRAMS.—In developing the initia8 tive, the Administrator shall make appropriate use of ex9 isting programs, including— 

10 (1) Energy Star Portfolio Manager; 

11 (2) Energy Star for Buildings; 

12 (3) Standard Energy Efficiency Data Platform; 

13 (4) Building Performance Database; 

14 (5) Unique Building Identifier; 

15 (6) Commercial Building Energy Consumption 

16 Survey; and 

17 (7) Green Button. 

18 SEC. 383. NATIONAL BENCHMARKING REQUIREMENT. 

19 (a) IN GENERAL.—In carrying out the initiative, the 

20 Administrator shall require each owner of a covered prop21 erty to submit data annually to the Administrator (herein22 after to be known as a ‘‘benchmarking submission’’) that 

23 includes data required under subsection (d). 

24 (b) BENCHMARKING SCHEDULE.—The owner of each 

25 covered property shall make a benchmarking submission 


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1 for the covered property with respect to the previous cal2 endar year not later than— 

3 (1) for a residential covered property, May 1, 

4 2025, and each year thereafter; or 

5 (2) for a covered property not described in 

6 paragraph (1), May 1, 2024, and each year there7 after. 

8 (c) NOTIFICATION.— 

9 (1) PUBLIC LIST.—By December 1 of each year 

10 prior to a year in which benchmarking submissions 

11 are due, the Administrator may publicly post a list 

12 of all covered properties that are required provide a 

13 benchmarking submission to the Administrator dur14 ing the following year. 

15 (2) FIRST SUBMISSIONS.—Between January 1 

16 and March 1 of each year, for at least the first 3 

17 years during which an owner is required to provide 

18 a benchmarking submission, the Administrator shall 

19 attempt to notify such owner of such requirement 

20 via direct mail, electronically via email, or through 

21 a public posting on a website. 

22 (3) FAILURE TO NOTIFY.—Failure of the Ad23 ministrator to notify an owner of a covered property 

24 under this subsection shall not affect the obligation 

25 of such owner to make a benchmarking submission. 


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1 (d) BENCHMARKING DATA COLLECTION AND RE2 PORTING.— 

3 (1) REQUIREMENTS.— 

4 (A) IN GENERAL.—Not later than 6 

5 months after the date of the enactment of this 

6 Act, the Administrator shall develop require7 ments for benchmarking submissions. 

8 (B) FAILURE TO DEVELOP REQUIRE9 MENTS.—If the Administrator fails to develop 

10 requirements pursuant to subparagraph (A), 

11 the owner of each covered property shall make 

12 a benchmarking submission in accordance with 

13 paragraphs (2) and (3). 

14 (C) UPDATING REQUIREMENTS.—The Ad15 ministrator may periodically update the require16 ments under this paragraph to increase data 

17 transparency for the purposes of reducing en18 ergy and water consumption and greenhouse 

19 gas emissions of covered properties. 

20 (2) DATA REQUIREMENTS.—The requirements 

21 developed under paragraph (1) shall include a re22 quirement that each benchmarking submission for a 

23 covered property include— 

24 (A) descriptive information about the cov25 ered property, including— 


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1 (i) the address; 

2 (ii) the gross floor area; 

3 (iii) the property type; and 

4 (iv) the individual or entity respon5 sible for the benchmarking submission; and 

6 (B) information about the operational 

7 characteristics of the covered property, includ8 ing— 

9 (i) aggregated whole-building data for 

10 the covered property’s energy and water 

11 consumption, including monthly— 

12 (I) energy use, by fuel type; and 

13 (II) total water use and, when 

14 available, indoor and outdoor water 

15 use; 

16 (ii) the weather-normalized site and 

17 source Energy Use Intensity (EUI) per 

18 unit area per year (kBTU per square foot 

19 per year) for the covered property; 

20 (iii) the site and source Energy Use 

21 Intensity (EUI) per unit area per year 

22 (kBTU per square foot per year) for the 

23 covered property; 

24 (iv) the annual carbon dioxide equiva25 lent emissions due to energy use for the 


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1 covered property, as estimated by the En2 ergy Star Portfolio Manager, where avail3 able; 

4 (v) the Energy Star score, where 

5 available; 

6 (vi) the Energy Star Water Score, 

7 where available; and 

8 (vii) the number of years the covered 

9 property has been Energy Star certified 

10 and the last approval date, if applicable. 

11 (3) REPORTING REQUIREMENTS.— 

12 (A) DATA QUALITY CHECK.—Before mak13 ing a benchmarking submission with respect to 

14 a covered property, the owner of the covered 

15 property shall run data quality checks to verify 

16 that all data is accurate. In order for the 

17 benchmarking submission to be considered in 

18 compliance with this section, the owner shall 

19 correct all missing or incorrect information as 

20 identified by the data quality checks run pursu21 ant to this subparagraph prior to finalizing the 

22 benchmarking submission. 

23 (B) INACCURATE OR INCOMPLETE INFOR24 MATION.—Where the owner learns that any in25 formation reported as part of a benchmarking 


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1 submission is inaccurate or incomplete, the 

2 owner shall amend the benchmarking submis3 sion within 30 days of learning of the inaccu4 racy. 

5 (e) AGGREGATED WHOLE-BUILDING DATA.— 

6 (1) EXCLUSIONS.—Aggregated whole-building 

7 data submitted under this section shall not include 

8 separately metered uses that are not integral to 

9 building operations, as determined by the Adminis10 trator. 

11 (2) COMPILATION OF DATA.— 

12 (A) METHODS.—Aggregated whole-build13 ing data for a covered property’s energy and 

14 water use may be compiled using one or more 

15 of the following methods: 

16 (i) Obtaining aggregated whole-build17 ing data from a utility pursuant to sub18 paragraph (B). 

19 (ii) Collecting data from all tenants 

20 pursuant to subparagraph (C). 

21 (iii) Reading a master meter. 

22 (B) UTILITY DATA.—A utility that distrib23 utes or sells energy or water to a covered prop24 erty may directly submit to the Administrator 

25 aggregated whole-building data on the energy 


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1 or water use of the covered property for the 

2 covered property if— 

3 (i) the owner of the covered property 

4 requests the utility release the data for the 

5 purposes of meeting the requirements of 

6 this section; and 

7 (ii)(I) the number of individually me8 tered accounts associated with the covered 

9 property is at least 3; or 

10 (II) the owner provides proof of con11 sent from each tenant for the utility to re12 lease the data. 

13 (C) TENANT DATA.— 

14 (i) IN GENERAL.—If a utility does not 

15 provide aggregated whole-building data, 

16 the owner of a covered property shall re17 quest any information that cannot other18 wise be acquired by the owner and that is 

19 needed by the owner to comply with the re20 quirements of this section from each ten21 ant located on the property. 

22 (ii) INTENTION TO VACATE.—When 

23 the owner of a covered property receives 

24 notice that a nonresidential tenant intends 

25 to vacate a space within such covered propVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 erty, and the utilities that distribute or sell 

2 energy or water to the covered property do 

3 not provide aggregated whole-building en4 ergy and water data, the owner shall re5 quest information relating to such tenant’s 

6 energy and water use for any period of oc7 cupancy relevant to the owner’s obligation 

8 to make a benchmarking submission. 

9 (3) USE OF DATA.—Nothing in this section 

10 shall be construed to— 

11 (A) permit a property owner to use tenant 

12 energy or water usage data for purposes other 

13 than compliance with benchmarking submission 

14 requirements; or 

15 (B) relieve property owners from compli16 ance with State or local laws governing direct 

17 access to tenant utility data from the respon18 sible utility. 

19 SEC. 384. EXEMPTIONS AND EXTENSIONS. 

20 (a) STATE OR LOCAL BENCHMARKING.— 

21 (1) EXEMPTION.—The owner of a covered prop22 erty shall not be required to make a benchmarking 

23 submission with respect to the covered property for 

24 a calendar year if the owner satisfies an applicable 


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1 State or local benchmarking requirement for which 

2 a certification is approved under this subsection. 

3 (2) STATE AND LOCAL BENCHMARKING RE4 QUIREMENTS.— 

5 (A) IN GENERAL.—A State may provide a 

6 certification to the Administrator that the 

7 State— 

8 (i) has reviewed and updated, as nec9 essary, an existing State benchmarking re10 quirement, or established a new State 

11 benchmarking requirement that meets or 

12 exceeds the benchmarking submission re13 quirements under section 383; and 

14 (ii) will provide State benchmarking 

15 data that meet the requirements under sec16 tion 383, in a form determined by the Ad17 ministrator. 

18 (B) CONFIRMATION.— 

19 (i) REQUIREMENT.—Not later than 

20 90 days after a State certification is pro21 vided under subparagraph (A), the Admin22 istrator shall determine whether the 

23 State’s benchmarking requirement meets 

24 or exceeds the benchmarking submission 

25 requirements under section 383. 


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1 (ii) ACCEPTANCE BY ADMINIS2 TRATOR.—If the Administrator determines 

3 under clause (i) that a State’s 

4 benchmarking requirement meets or ex5 ceeds the benchmarking submission re6 quirements under section 383, the Admin7 istrator shall approve the certification. 

8 (iii) DEFICIENCY NOTICE.—If the Ad9 ministrator determines under clause (i) 

10 that a State’s benchmarking requirement 

11 does not meet or exceed the benchmarking 

12 submission requirements under section 

13 383, the Administrator shall identify any 

14 deficiencies, and, to the extent possible, in15 dicate how the State’s benchmarking re16 quirement could be updated to eliminate 

17 any deficiencies identified. 

18 (iv) REVISION AND RECERTIFI19 CATION.—A State may revise its 

20 benchmarking requirement and submit a 

21 recertification under subparagraph (A) to 

22 the Administrator at any time. 

23 (C) LOCAL CERTIFICATION.—In any State 

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1 ment may certify a local benchmarking require2 ment in accordance with this subsection. 

3 (D) REVOCATION.—If, at any time, the 

4 Administrator determines that the 

5 benchmarking requirements of a State or local 

6 government with an approved certification 

7 under this section no longer meet or exceed the 

8 benchmarking submission requirements under 

9 section 383, the Administrator shall revoke 

10 such certification. 

11 (b) EXEMPTIONS FOR CERTAIN CONDITIONS.— 

12 (1) EXEMPTION REQUEST.—The owner of a 

13 covered property may request an exemption from 

14 making a benchmarking submission in accordance 

15 with this subsection. 

16 (2) DEADLINE AND DOCUMENTATION.—In 

17 order to receive an exemption under this subsection, 

18 the owner of a covered property shall, by March 1 

19 in the year for which the benchmarking submission 

20 is due, submit to the Administrator any documenta21 tion reasonably necessary to substantiate the request 

22 or otherwise assist the Administrator determining 

23 whether to grant such exemption. 

24 (3) CONDITIONS.—The Administrator may 

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1 quest for such exemption establishes that the appli2 cable covered property met one or more of the fol3 lowing conditions for the calendar year to be 

4 benchmarked: 

5 (A) A demolition permit for the covered 

6 property was issued during the calendar year, 

7 provided that demolition work commenced and 

8 legal occupancy was no longer possible prior to 

9 end of such calendar year. 

10 (B) The covered property did not receive 

11 energy or water utility services for at least 90 

12 days during such calendar year. 

13 (C) The covered property had an average 

14 physical occupancy rate of less than 50 percent 

15 over such calendar year. 

16 (D) Due to special circumstances unique to 

17 the covered property, strict compliance with the 

18 requirements of the initiative would not be in 

19 the public interest. 

20 (E) Due to special circumstances unique to 

21 the covered property and not based on a condi22 tion caused by actions of the applicant, strict 

23 compliance with provisions of the initiative 

24 would cause undue hardship. 


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1 (F) The covered property is under finan2 cial hardship. 

3 (G) More than 50 percent of gross floor 

4 area is used for residential purposes and— 

5 (i) more than 4 meters are associated 

6 with the covered property; 

7 (ii) the owner is not able to obtain ag8 gregated whole-building data; and 

9 (iii) the utility that provides energy or 

10 water service does not provide access to ag11 gregated whole-building data. 

12 (4) LIMITATION OF EXEMPTION.— In granting 

13 an exemption under this subsection, the Adminis14 trator shall limit the exemption to the benchmarking 

15 submission for which the request was made. 

16 (c) TIME EXTENSIONS.—An owner may apply for a 

17 time extension for a benchmarking submission if, despite 

18 such owner’s good faith efforts, the owner is unable to 

19 complete the benchmarking submission prior to the sched20 uled due date due to the failure of either a utility provider 

21 or a tenant to provide the owner with information needed 

22 to complete such benchmarking submission. The owner re23 questing an extension shall submit to the Administrator 

24 any documentation reasonably necessary to substantiate 

25 the request or otherwise assist the Administrator in the 


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1 determination. For each covered property, the Adminis2 trator may grant no more than 2 such extensions per year 

3 of not more than 60 days each. 

4 SEC. 385. DATA TRANSPARENCY AND SHARING. 

5 (a) DATA TRANSPARENCY.— 

6 (1) IN GENERAL.—The Administrator shall, to 

7 help inform owners, managers, tenants, and the 

8 market at large about a covered property’s energy 

9 and water performance, annually make available on 

10 a publicly accessible website the subset of data, de11 termined in accordance with paragraph (3), that is 

12 submitted to the Administrator for the previous cal13 endar year for such covered property. 

14 (2) AVAILABILITY.—The subset of data made 

15 available under this section for a covered property 

16 shall first be made available to the public beginning 

17 the year after the owner of such covered property is 

18 first required to make a benchmarking submission 

19 for such covered property. 

20 (3) SHARED BENCHMARKING INFORMATION.— 

21 Not later than 6 months after the enactment of this 

22 Act, the Administrator shall determine the subset of 

23 data submitted to the Administrator to be made 

24 publicly available under paragraph (1), which shall 

25 include gross floor area and the information deVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 scribed in section 383(d)(2)(B), as the Adminis2 trator determines appropriate. 

3 (4) EXCLUSIONS.—The Administrator may de4 termine if any data shall be excluded from publica5 tion under this subsection because it is not in the 

6 public interest. 

7 (b) SHARING OF DATA.— 

8 (1) SHARING OF NONANONYMIZED DATA.—The 

9 Administrator may provide data regarding a covered 

10 property that is not anonymized data from 

11 benchmarking submissions to any utility serving the 

12 covered property or to any Federal, State, county or 

13 city-managed energy efficiency or management pro14 gram, provided that the data will be used only for 

15 purposes of offering programs, services, and incen16 tives related to energy and water efficiency and 

17 management, and provided that the Administrator 

18 has first obtained the covered property owner’s writ19 ten or electronic permission to so share such data. 

20 (2) DISCLOSURE OF ANONYMIZED DATA.—The 

21 Administrator may disclose any data from 

22 benchmarking submissions to a third party for aca23 demic or other non-commercial research purposes 

24 provided that such data is anonymized data. 


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1 SEC. 386. FEDERAL IMPLEMENTATION AND SUPPORT. 

2 (a) ENERGY STAR PORTFOLIO MANAGER.— 

3 (1) SUPPORT.—The Administrator shall im4 prove the Energy Star Portfolio Manager and en5 hance implementation of the initiative, including 

6 by— 

7 (A) expanding the types of buildings eligi8 ble for Energy Star scores; 

9 (B) considering the most effective use of 

10 data gathered from the initiative and the Com11 mercial Buildings Energy Consumption Survey 

12 in determining a timely and accurate Energy 

13 Star score for covered properties; 

14 (C) considering greenhouse gas emissions 

15 in determining Energy Star scores; 

16 (D) integrating onsite renewable energy 

17 and other distributed energy resources into the 

18 Energy Star Portfolio Manager; 

19 (E) incorporating data on grid-integrated 

20 buildings, smart meters, and other smart de21 vices into the Energy Star Portfolio Manager; 

22 and 

23 (F) making any other improvements the 

24 Administrator determines appropriate. 

25 (2) AUTHORIZATION OF APPROPRIATIONS.—For 

26 each of fiscal years 2022 through 2031 there is auVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 thorized to be appropriated to carry out this sub2 section $5,000,000 to remain available until ex3 pended. 

4 (b) STATE AND LOCAL BENCHMARKING IMPLEMEN5 TATION.— 

6 (1) TECHNICAL ASSISTANCE.—The Adminis7 trator shall provide relevant technical assistance to 

8 any State or local government that has an approved 

9 certification under section 384(a) or any State or 

10 local government that intends to establish a 

11 benchmarking requirement for certification under 

12 section 384, including providing— 

13 (A) training for using the Energy Star 

14 Portfolio Manager, or any other relevant Fed15 eral tools or databases; 

16 (B) education and outreach materials on 

17 benchmarking submissions for owners of cov18 ered properties; and 

19 (C) any other technical assistance the Ad20 ministrator determines appropriate. 

21 (2) NEW BENCHMARKING PROGRAMS.—The Ad22 ministrator shall provide financial assistance to 

23 States and local governments to help State and local 

24 governments establish State or local benchmarking 

25 programs. Not later than 90 days after the date of 


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1 enactment of this Act, the Administrator shall de2 velop application materials for State and local gov3 ernments to apply for such assistance and funding 

4 award limits. As part of the application, a State or 

5 local government shall commit to provide a certifi6 cation pursuant to section 384 not later than 2 

7 years after receiving funds under this subsection. 

8 (3) AUTHORIZATION OF APPROPRIATIONS.—For 

9 each of fiscal years 2022 through 2031 there is au10 thorized to be appropriated to carry out this sub11 section $50,000,000. 

12 TITLE IV—TRANSPORTATION 

13 Subtitle A—Greenhouse Gas 

14 Pollution Emission Standards 

15 SEC. 401. TRANSPORTATION CARBON MANAGEMENT. 

16 (a) NONROAD ENGINE GREENHOUSE GAS EMISSION

17 STANDARDS.—Section 213 of the Clean Air Act (42 

18 U.S.C. 7547) is amended by adding at the end the fol19 lowing: 

20 ‘‘(e) GREENHOUSE GAS EMISSION STANDARDS.— 

21 ‘‘(1) Notwithstanding subsection (a)(4), the Ad22 ministrator shall promulgate standards for emissions 

23 of greenhouse gases for every class or category of 

24 new nonroad engines and new nonroad vehicles, tak25 ing into account costs, noise, safety, and energy facVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 tors associated with the application of technology 

2 which the Administrator determines will be available 

3 for the engines and vehicles to which such standards 

4 apply. The regulations shall apply to the useful life 

5 of the engines or vehicles (as determined by the Ad6 ministrator). 

7 ‘‘(2) The Administrator shall promulgate regu8 lations containing standards applicable to green9 house gas emissions from new locomotives and new 

10 engines used in locomotives. Such standards shall 

11 achieve the greatest degree of emission reduction 

12 achievable through the application of technology 

13 which the Administrator determines will be available 

14 for the locomotives or engines to which such stand15 ards apply, giving appropriate consideration to the 

16 cost of applying such technology within the period of 

17 time available to manufactures and to noise, energy, 

18 and safety factors associated with the application of 

19 such technology. 

20 ‘‘(3) The Administrator shall promulgate the 

21 regulations required by this subsection within 24 

22 months of the date of enactment of this subsection. 

23 ‘‘(4) The Administrator shall promulgate suc24 cessive greenhouse gas emission standards pursuant 

25 to this subsection, and shall— 


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1 ‘‘(A) ensure that pursuant to such succes2 sive standards a greenhouse gas emission stand3 ard is always in effect for each regulated class 

4 or category of new nonroad engines, new 

5 nonroad vehicles, new locomotives, and new en6 gines used in locomotives; 

7 ‘‘(B) mandate increased reductions in 

8 greenhouse gas emissions in each successive set 

9 of emission standards compared to the prior set 

10 of standards; and 

11 ‘‘(C) determine the level of successive emis12 sion standards based on the degree of green13 house gas emission reductions needed to achieve 

14 the national interim goal and the national goal 

15 declared by section 101 of the CLEAN Future 

16 Act. 

17 ‘‘(f) METHANE SLIP REPORT TO CONGRESS.— 

18 ‘‘(1) The Administrator shall conduct a study 

19 of methane slip in engine exhaust, including the ex20 istence or absence of effective systems for control of 

21 methane slip in engine exhaust. 

22 ‘‘(2) The Administrator shall, to the extent 

23 practicable, and in consultation with the Secretary 

24 of Energy, as appropriate, carry out science-based 

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1 matic improvements in the effectiveness for methane 

2 control of catalytic systems suitable for commercial 

3 application. 

4 ‘‘(3) Not later than 24 months after the date 

5 of enactment of this subsection, the Administrator 

6 shall submit a report to the Congress outlining the 

7 findings of the study. The report shall further in8 clude policy recommendations for addressing emis9 sions from methane slip in engine exhaust in light 

10 of the national interim goal and the national goal 

11 declared by section 101 of the CLEAN Future 

12 Act.’’. 

13 (b) AIRCRAFT GREENHOUSE GAS EMISSION STAND14 ARDS.— 

15 (1) IN-SERVICE AIRCRAFT.— 

16 (A) IN GENERAL.—Not later than 12 

17 months after the date of enactment of this Act, 

18 the Administrator of the Environmental Protec19 tion Agency (in this subsection referred to as 

20 the ‘‘Administrator’’) shall, pursuant to section 

21 231 of the Clean Air Act (42 U.S.C. 7571), 

22 promulgate aircraft engine emission standards 

23 for greenhouse gas emissions from existing in24 service aircraft. 


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1 (B) TIERED STANDARDS.—In promul2 gating the emission standards required by this 

3 paragraph, the Administrator shall— 

4 (i) establish tiered emission standards 

5 to achieve increased stringency and ambi6 tion across aircraft fleets; and 

7 (ii) in carrying out clause (i), make 

8 the least stringent tier at least as stringent 

9 as the International Civil Aviation Organi10 zation’s CAEP/10 standard for carbon di11 oxide. 

12 (C) INCREASED AMBITION.—In promul13 gating the emission standards required by this 

14 paragraph, the Administrator shall consider in15 corporating flexibility mechanisms, such as 

16 averaging and banking, in order to increase 

17 emission reduction ambition. 

18 (2) NEW AIRCRAFT.— 

19 (A) IN GENERAL.—Not later than 36 

20 months after the date of enactment of this Act, 

21 the Administrator shall, pursuant to section 

22 231 of the Clean Air Act (42 U.S.C. 7571), 

23 promulgate aircraft engine emission standards 

24 for greenhouse gas emissions from new aircraft. 


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1 (B) APPLICATION DATE.—The emission 

2 standards required to be promulgated pursuant 

3 to this paragraph shall apply to all new aircraft 

4 delivered on or after January 1, 2030. 

5 (C) CRITERIA.—The Administrator shall 

6 consider all currently and potentially available 

7 technologies for new aircraft in establishing the 

8 emission standards required by this paragraph. 

9 (D) INCREASED AMBITION.—In promul10 gating the emission standards required by this 

11 paragraph, the Administrator shall consider in12 corporating flexibility mechanisms, such as 

13 averaging and banking, in order to increase 

14 emission reduction ambition. 

15 (3) ONGOING REGULATION.—The Adminis16 trator shall promulgate successive greenhouse gas 

17 emission standards pursuant to this subsection, and 

18 shall— 

19 (A) ensure that, pursuant to such succes20 sive standards, a greenhouse gas emission 

21 standard is always in effect for each regulated 

22 class or category of existing in-service and new 

23 aircraft engines; 

24 (B) mandate increased reductions in green25 house gas emissions in each successive set of 


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1 emission standards compared to the prior set of 

2 standards; and 

3 (C) determine the level of successive emis4 sion standards based on the degree of green5 house gas emission reductions needed to achieve 

6 the national interim goal and the national goal 

7 declared by section 101. 

8 (c) UNIFORM STATE CLEAN CAR AUTHORITY.—Sec9 tion 177 of the Clean Air Act (42 U.S.C. 7507) is amend10 ed— 

11 (1) in the section heading, by striking ‘‘NON12 ATTAINMENT’’ and inserting ‘‘ALL’’; and 

13 (2) by striking the words ‘‘which has plan pro14 visions approved under this part’’. 

15 Subtitle B—Cleaner Fuels 

16 SEC. 411. ACCELERATING APPROVAL OF CLEAN FUELS. 

17 The Administrator of the Environmental Protection 

18 Agency shall take final action on a petition for approval 

19 of a renewable fuel pathway under the renewable fuel pro20 gram under section 211(o) of the Clean Air Act (42 

21 U.S.C. 7545(o)) if— 

22 (1) 90 days or more has passed since the peti23 tion was submitted to the Administrator; and 

24 (2) the combination of the fuel type, production 

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1 tion has been approved for sale in at least one State 

2 under a program designed to reduce the carbon in3 tensity of transportation fuel. 

4 SEC. 412. ANNUAL DEADLINE FOR PETITIONS BY SMALL 

5 REFINERIES FOR EXEMPTIONS FROM RE6 NEWABLE FUEL REQUIREMENTS. 

7 (a) DEADLINE.—Notwithstanding any other provi8 sion of law, petitions under section 211(o)(9) of the Clean 

9 Air Act (42 U.S.C. 7545(o)(9)) for an exemption from the 

10 requirements of section 211(o)(2) of such Act (42 U.S.C. 

11 7545(o)(2)) shall be submitted to the Administrator of the 

12 Environmental Protection Agency by June 1 of the year 

13 preceding the year when such requirements would other14 wise be in effect. 

15 (b) EFFECT OF FAILURE TO MEET DEADLINE.—If 

16 a petition described in subsection (a) is not submitted by 

17 the deadline specified in such subsection, the petition shall 

18 be ineligible for consideration or approval. 

19 SEC. 413. INFORMATION IN PETITION SUBJECT TO PUBLIC 

20 DISCLOSURE. 

21 (a) IN GENERAL.—The information described in sub22 section (b) in any submission to the Environmental Pro23 tection Agency by any person, including a small refinery, 

24 with respect to a petition under section 211(o)(9)(B) of 

25 the Clean Air Act (42 U.S.C. 7545(o)(9)(B))— 


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1 (1) shall not be deemed to be a trade secret or 

2 confidential information; and 

3 (2) shall be subject to public disclosure under 

4 section 552 of title 5, United States Code. 

5 (b) DESCRIBED INFORMATION.—The information de6 scribed in this subsection is— 

7 (1) the name of the small refinery requesting 

8 an extension of an exemption; 

9 (2) the number of gallons of renewable fuel that 

10 will not be contained in fuel pursuant to section 

11 211(o)(2) of the Clean Air Act (42 U.S.C. 

12 7545(o)(2)) as a result of the extension if the exten13 sion is granted; and 

14 (3) the compliance year for which the extension 

15 is requested. 

16 (c) APPLICABILITY.—Subsection (a) applies only with 

17 respect to information submitted with respect to a petition 

18 under section 211(o)(9)(B) of the Clean Air Act (42 

19 U.S.C. 7545(o)(9)(B)) for calendar year 2023 or a subse20 quent calendar year. 


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1 Subtitle C—ZEV Vehicle 

2 Deployment 

3 SEC. 421. REAUTHORIZATION OF DIESEL EMISSIONS RE4 DUCTION PROGRAM. 

5 Section 797(a) of the Energy Policy Act of 2005 (42 

6 U.S.C. 16137(a)) is amended by striking ‘‘$100,000,000 

7 for each of fiscal years 2012 through 2024’’ and inserting 

8 ‘‘$500,000,000 for each of fiscal years 2022 through 

9 2031’’. 

10 SEC. 422. PILOT PROGRAM FOR THE ELECTRIFICATION OF 

11 CERTAIN REFRIGERATED VEHICLES. 

12 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Ad13 ministrator shall establish and carry out a pilot program 

14 to award funds, in the form of grants, rebates, and low15 cost revolving loans, as determined appropriate by the Ad16 ministrator, on a competitive basis, to eligible entities to 

17 carry out projects described in subsection (b). 

18 (b) PROJECTS.—An eligible entity receiving an award 

19 of funds under subsection (a) may use such funds only 

20 for one or more of the following projects: 

21 (1) TRANSPORT REFRIGERATION UNIT RE22 PLACEMENT.—A project to retrofit a heavy-duty ve23 hicle by replacing or retrofitting the existing diesel24 powered transport refrigeration unit in such vehicle 


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1 with an electric transport refrigeration unit and re2 tiring the replaced unit for scrappage. 

3 (2) SHORE POWER INFRASTRUCTURE.—A 

4 project to purchase and install shore power infra5 structure or other equipment that enables transport 

6 refrigeration units to connect to electric power and 

7 operate without using diesel fuel. 

8 (c) MAXIMUM AMOUNTS.—The amount of an award 

9 of funds under subsection (a) shall not exceed— 

10 (1) for the costs of a project described in sub11 section (b)(1), 75 percent of such costs; and 

12 (2) for the costs of a project described in sub13 section (b)(2), 55 percent of such costs. 

14 (d) APPLICATIONS.—To be eligible to receive an 

15 award of funds under subsection (a), an eligible entity 

16 shall submit to the Administrator— 

17 (1) a description of the air quality in the area 

18 served by the eligible entity, including a description 

19 of how the air quality is affected by diesel emissions 

20 from heavy-duty vehicles; 

21 (2) a description of the project proposed by the 

22 eligible entity, including— 

23 (A) any technology to be used or funded by 

24 the eligible entity; and 


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1 (B) a description of the heavy-duty vehicle 

2 or vehicles of the eligible entity, that will be ret3 rofitted, if any, including— 

4 (i) the number of such vehicles; 

5 (ii) the uses of such vehicles; 

6 (iii) the locations where such vehicles 

7 dock for the purpose of loading or unload8 ing; and 

9 (iv) the routes driven by such vehicles, 

10 including the times at which such vehicles 

11 are driven; 

12 (3) an estimate of the cost of the proposed 

13 project; 

14 (4) a description of the age and expected life15 time control of the equipment used or funded by the 

16 eligible entity; and 

17 (5) provisions for the monitoring and 

18 verification of the project including to verify 

19 scrappage of replaced units. 

20 (e) PRIORITY.—In awarding funds under subsection 

21 (a), the Administrator shall give priority to proposed 

22 projects that, as determined by the Administrator— 

23 (1) maximize public health benefits; 

24 (2) are the most cost-effective; and 


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1 (3) will serve the communities that are most 

2 polluted by diesel motor emissions, including com3 munities that the Administrator identifies as being 

4 in either nonattainment or maintenance of the na5 tional ambient air quality standards for a criteria 

6 pollutant, particularly for— 

7 (A) ozone; and 

8 (B) particulate matter. 

9 (f) DATA RELEASE.—Not later than 120 days after 

10 the date on which an award of funds is made under this 

11 section, the Administrator shall publish on the website of 

12 the Environmental Protection Agency, on a downloadable 

13 electronic database, information with respect to such 

14 award of funds, including— 

15 (1) the name and location of the recipient; 

16 (2) the total amount of funds awarded; 

17 (3) the intended use or uses of the awarded 

18 funds; 

19 (4) the date on which the award of funds was 

20 approved; 

21 (5) where applicable, an estimate of any air pol22 lution or greenhouse gas emissions avoided as a re23 sult of the project funded by the award; and 

24 (6) any other data the Administrator deter25 mines to be necessary for an evaluation of the use 


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1 and effect of awarded funds provided under this sec2 tion. 

3 (g) REPORTS TO CONGRESS.— 

4 (1) ANNUAL REPORT TO CONGRESS.—Not later 

5 than 1 year after the date of the establishment of 

6 the pilot program under this section, and annually 

7 thereafter until amounts made available to carry out 

8 this section are expended, the Administrator shall 

9 submit to Congress and make available to the public 

10 a report that describes, with respect to the applica11 ble year— 

12 (A) the number of applications for awards 

13 of funds received under such program; 

14 (B) all awards of funds made under such 

15 program, including a summary of the data de16 scribed in subsection (f); 

17 (C) the estimated reduction of annual 

18 emissions of air pollutants regulated under sec19 tion 109 of the Clean Air Act (42 U.S.C. 

20 7409), and the estimated reduction of green21 house gas emissions, associated with the awards 

22 of funds made under such program; 

23 (D) the number of awards of funds made 

24 under such program for projects in communities 

25 described in subsection (e)(3); and 


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1 (E) any other data the Administrator de2 termines to be necessary to describe the imple3 mentation, outcomes, or effectiveness of such 

4 program. 

5 (2) FINAL REPORT.—Not later than 1 year 

6 after amounts made available to carry out this sec7 tion are expended, or 5 years after the pilot program 

8 is established, whichever comes first, the Adminis9 trator shall submit to Congress and make available 

10 to the public a report that describes— 

11 (A) all of the information collected for the 

12 annual reports under paragraph (1); 

13 (B) any benefits to the environment or 

14 human health that could result from the wide15 spread application of electric transport refrig16 eration units for short-haul transportation and 

17 delivery of perishable goods or other goods re18 quiring climate-controlled conditions, including 

19 in low-income communities and communities of 

20 color; 

21 (C) any challenges or benefits that recipi22 ents of awards of funds under such program re23 ported with respect to the integration or use of 

24 electric transport refrigeration units and associ25 ated technologies; 


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1 (D) an assessment of the national market 

2 potential for electric transport refrigeration 

3 units; 

4 (E) an assessment of challenges and op5 portunities for widespread deployment of elec6 tric transport refrigeration units, including in 

7 urban areas; and 

8 (F) recommendations for how future Fed9 eral, State, and local programs can best support 

10 the adoption and widespread deployment of 

11 electric transport refrigeration units. 

12 (h) DEFINITIONS.—In this section: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Environ15 mental Protection Agency. 

16 (2) DIESEL-POWERED TRANSPORT REFRIGERA17 TION UNIT.—The term ‘‘diesel-powered transport re18 frigeration unit’’ means a transport refrigeration 

19 unit that is powered by an independent diesel inter20 nal combustion engine. 

21 (3) ELECTRIC TRANSPORT REFRIGERATION

22 UNIT.—The term ‘‘electric transport refrigeration 

23 unit’’ means a transport refrigeration unit in which 

24 the refrigeration or climate-control system is driven 

25 by an electric motor when connected to shore power 


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1 infrastructure or other equipment that enables 

2 transport refrigeration units to connect to electric 

3 power, including all-electric transport refrigeration 

4 units, hybrid electric transport refrigeration units, 

5 and standby electric transport refrigeration units. 

6 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) a regional, State, local, or Tribal agen9 cy, or port authority, with jurisdiction over 

10 transportation or air quality; 

11 (B) a nonprofit organization or institution 

12 that— 

13 (i) represents or provides pollution re14 duction or educational services to persons 

15 or organizations that own or operate 

16 heavy-duty vehicles or fleets of heavy-duty 

17 vehicles; or 

18 (ii) has, as its principal purpose, the 

19 promotion of air quality; 

20 (C) an individual or entity that is the 

21 owner of record of a heavy-duty vehicle or a 

22 fleet of heavy-duty vehicles that operates for the 

23 transportation and delivery of perishable goods 

24 or other goods requiring climate-controlled con25 ditions; 


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1 (D) an individual or entity that is the 

2 owner of record of a facility that operates as a 

3 warehouse or storage facility for perishable 

4 goods or other goods requiring climate-con5 trolled conditions; or 

6 (E) a hospital or public health institution 

7 that utilizes refrigeration for storage of perish8 able goods or other goods requiring climate-con9 trolled conditions. 

10 (5) HEAVY-DUTY VEHICLE.—The term ‘‘heavy11 duty vehicle’’ means— 

12 (A) a commercial truck or van— 

13 (i) used for the primary purpose of 

14 transporting perishable goods or other 

15 goods requiring climate-controlled condi16 tions; and 

17 (ii) with a gross vehicle weight rating 

18 greater than 6,000 pounds; or 

19 (B) an insulated cargo trailer used in 

20 transporting perishable goods or other goods re21 quiring climate-controlled conditions when 

22 mounted on a semitrailer. 

23 (6) SHORE POWER INFRASTRUCTURE.—The 

24 term ‘‘shore power infrastructure’’ means electrical 

25 infrastructure that provides power to the electric 


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1 transport refrigeration unit of a heavy-duty vehicle 

2 when such vehicle is stationary on a property where 

3 such vehicle is parked or loaded, including a food 

4 distribution center or other location where heavy5 duty vehicles congregate. 

6 (7) TRANSPORT REFRIGERATION UNIT.—The 

7 term ‘‘transport refrigeration unit’’ means a climate8 control system installed on a heavy-duty vehicle for 

9 the purpose of maintaining the quality of perishable 

10 goods or other goods requiring climate-controlled 

11 conditions. 

12 (i) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There is authorized to be 

14 appropriated to carry out this section $10,000,000, 

15 to remain available until expended. 

16 (2) ADMINISTRATIVE EXPENSES.—The Admin17 istrator may use not more than 1 percent of 

18 amounts made available pursuant to paragraph (1) 

19 for administrative expenses to carry out this section. 

20 SEC. 423. CLEAN SCHOOL BUS PROGRAM. 

21 (a) IN GENERAL.—Section 741 of the Energy Policy 

22 Act of 2005 (42 U.S.C. 16091) is amended to read as 

23 follows: 

24 ‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM. 

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


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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Environ3 mental Protection Agency. 

4 ‘‘(2) CLEAN SCHOOL BUS.—The term ‘clean 

5 school bus’ means a school bus that is a zero-emis6 sion school bus. 

7 ‘‘(3) COMMUNITY OF COLOR.—The term ‘com8 munity of color’ has the meaning given that term in 

9 section 601 of the CLEAN Future Act. 

10 ‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligi11 ble contractor’ means a contractor that is a for-prof12 it, not-for-profit, or nonprofit entity that has the ca13 pacity— 

14 ‘‘(A) to sell clean school buses, or charging 

15 or other equipment needed to charge or main16 tain clean school buses, to individuals or enti17 ties that own a school bus or fleet of school 

18 buses; or 

19 ‘‘(B) to arrange financing for such a sale. 

20 ‘‘(5) ELIGIBLE RECIPIENT.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the term ‘eligible recipient’ means— 

23 ‘‘(i) 1 or more local or State govern24 mental entities responsible for— 


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1 ‘‘(I) providing school bus service 

2 to 1 or more public school systems; or 

3 ‘‘(II) the purchase of school 

4 buses; 

5 ‘‘(ii) a tribally controlled school (as 

6 defined in section 5212 of the Tribally 

7 Controlled Schools Act of 1988 (25 U.S.C. 

8 2511)); 

9 ‘‘(iii) a nonprofit school transportation 

10 association; or 

11 ‘‘(iv) 1 or more contracting entities 

12 that provide school bus service to 1 or 

13 more public school systems. 

14 ‘‘(B) SPECIAL REQUIREMENTS.—In the 

15 case of eligible recipients identified under 

16 clauses (iii) and (iv) of subparagraph (A), the 

17 Administrator shall establish timely and appro18 priate requirements for notice and may estab19 lish timely and appropriate requirements for ap20 proval by the public school systems that would 

21 be served by buses purchased using award 

22 funds made available under this section. 

23 ‘‘(6) INDIGENOUS COMMUNITY.—The term ‘in24 digenous community’ has the meaning given that 

25 term in section 601 of the CLEAN Future Act. 


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1 ‘‘(7) LOW INCOME.—The term ‘low income’ has 

2 the meaning given that term in section 601 of the 

3 CLEAN Future Act. 

4 ‘‘(8) LOW-INCOME COMMUNITY.—The term 

5 ‘low-income community’ has the meaning given that 

6 term in section 601 of the CLEAN Future Act. 

7 ‘‘(9) SCHOOL BUS.—The term ‘school bus’ has 

8 the meaning given the term ‘schoolbus’ in section 

9 30125(a) of title 49, United States Code. 

10 ‘‘(10) SCRAP.— 

11 ‘‘(A) IN GENERAL.—The term ‘scrap’ 

12 means, with respect to a school bus engine re13 placed using funds awarded under this section, 

14 to recycle, crush, or shred the engine within 

15 such period and in such manner as determined 

16 by the Administrator. 

17 ‘‘(B) EXCLUSION.—The term ‘scrap’ does 

18 not include selling, leasing, exchanging, or oth19 erwise disposing of an engine described in sub20 paragraph (A) for use in another motor vehicle 

21 in any location. 

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

23 means the Secretary of Energy. 

24 ‘‘(12) ZERO-EMISSION SCHOOL BUS.—The term 

25 ‘zero-emission school bus’ means a school bus with 


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1 a drivetrain that produces, under any possible oper2 ational mode or condition, zero exhaust emission 

3 of— 

4 ‘‘(A) any air pollutant that is listed pursu5 ant to section 108(a) of the Clean Air Act (42 

6 U.S.C. 7408(a)) (or any precursor to such an 

7 air pollutant); and 

8 ‘‘(B) any greenhouse gas. 

9 ‘‘(b) PROGRAM FOR REPLACEMENT OF EXISTING

10 SCHOOL BUSES WITH CLEAN SCHOOL BUSES.— 

11 ‘‘(1) ESTABLISHMENT.—The Administrator, in 

12 consultation with the Secretary, shall establish a 

13 program for— 

14 ‘‘(A) making awards on a competitive basis 

15 of grants, rebates, and low-cost revolving loans 

16 to eligible recipients for the replacement of ex17 isting school buses with clean school buses; and 

18 ‘‘(B) making awards of contracts to eligi19 ble contractors for providing rebates and low20 cost revolving loans for the replacement of ex21 isting school buses with clean school buses. 

22 ‘‘(2) APPLICATIONS.—An applicant for an 

23 award under this section shall submit to the Admin24 istrator an application at such time, in such manner, 


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1 and containing such information as the Adminis2 trator may require, including— 

3 ‘‘(A) a written assurance that— 

4 ‘‘(i) all laborers and mechanics em5 ployed by contractors or subcontractors 

6 during construction, alteration, or repair, 

7 or at any manufacturing operation, that is 

8 financed, in whole or in part, by an award 

9 under this section, shall be paid wages at 

10 rates not less than those prevailing in a 

11 similar firm or on similar construction in 

12 the locality, as determined by the Sec13 retary of Labor in accordance with sub14 chapter IV of chapter 31 of title 40, 

15 United States Code; and 

16 ‘‘(ii) the Secretary of Labor shall, 

17 with respect to the labor standards de18 scribed in this clause, have the authority 

19 and functions set forth in Reorganization 

20 Plan Numbered 14 of 1950 (64 Stat. 

21 1267; 5 U.S.C. App.) and section 3145 of 

22 title 40, United States Code; 

23 ‘‘(B) a certification that no public work or 

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1 ployee will be privatized or subcontracted in 

2 carrying out a project funded by the award; 

3 ‘‘(C) to ensure a fair assessment of work4 force impact related to an award under this sec5 tion, a detailed accounting with respect to rel6 evant employees, including employees in each of 

7 management, administration, operations, and 

8 maintenance, of the eligible recipient at the 

9 time of the application, including— 

10 ‘‘(i) the number of employees, orga11 nized by salary; 

12 ‘‘(ii) the bargaining unit status of 

13 each employee; 

14 ‘‘(iii) the full- or part-time status of 

15 each employee; and 

16 ‘‘(iv) the job title of each employee; 

17 and 

18 ‘‘(D) a description of coordination and ad19 vance planning with the local electricity pro20 vider. 

21 ‘‘(3) ELIGIBLE MANUFACTURERS.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 shall maintain and make publicly available a list 

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1 turers from whom recipients of awards under 

2 this section may order clean school buses. 

3 ‘‘(B) CRITERIA.—The Administrator shall 

4 establish a process by which manufacturers may 

5 seek inclusion on the list established pursuant 

6 to this subparagraph, which process shall in7 clude the submission of such information as the 

8 Administrator may require, including— 

9 ‘‘(i) a disclosure of whether there has 

10 been any administrative merits determina11 tion, arbitral award or decision, or civil 

12 judgment, as defined in guidance issued by 

13 the Secretary of Labor, rendered against 

14 the manufacturer in the preceding 3 years 

15 for violations of applicable labor, employ16 ment, civil rights, or health and safety 

17 laws; and 

18 ‘‘(ii) specific information regarding 

19 the actions the manufacturer will take to 

20 demonstrate compliance with, and where 

21 possible exceedance of, requirements under 

22 applicable labor, employment, civil rights, 

23 and health and safety laws, and actions the 

24 manufacturer will take to ensure that its 

25 direct suppliers demonstrate compliance 


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1 with applicable labor, employment, civil 

2 rights, and health and safety laws. 

3 ‘‘(4) PRIORITY OF APPLICATIONS.—— 

4 ‘‘(A) HIGHEST PRIORITY.—In making 

5 awards under paragraph (1), the Administrator 

6 shall give highest priority to applicants that 

7 propose to replace school buses that serve the 

8 highest number of students (measured in abso9 lute numbers or percentage of student popu10 lation) who are eligible for free or reduced price 

11 lunches under the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1751 et seq.). 

13 ‘‘(B) ADDITIONAL PRIORITY.—In making 

14 awards under paragraph (1), the Administrator 

15 shall give priority to applicants that propose to 

16 complement the assistance received through the 

17 award by securing additional sources of funding 

18 for the activities supported through the award, 

19 such as through— 

20 ‘‘(i) public-private partnerships with 

21 electric companies; 

22 ‘‘(ii) grants from other entities; or 

23 ‘‘(iii) issuance of school bonds. 


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1 ‘‘(5) USE OF SCHOOL BUS FLEET.—All clean 

2 school buses acquired with funds provided under this 

3 section shall— 

4 ‘‘(A) be operated as part of the school bus 

5 fleet for which the award was made for not less 

6 than 5 years; 

7 ‘‘(B) be maintained, operated, charged, 

8 and fueled according to manufacturer rec9 ommendations or State requirements; and 

10 ‘‘(C) not be manufactured or retrofitted 

11 with, or otherwise have installed, a power unit 

12 or other technology that creates air pollution 

13 within the school bus, such as an unvented die14 sel passenger heater. 

15 ‘‘(6) AWARDS.— 

16 ‘‘(A) IN GENERAL.—In making awards 

17 under paragraph (1), the Administrator may 

18 make awards for up to 100 percent of the re19 placement costs for clean school buses, provided 

20 that such replacement costs shall not exceed 

21 110 percent of the amount equal to the dif22 ference between the cost of a clean school bus 

23 and the cost of a diesel school bus. 

24 ‘‘(B) STRUCTURING AWARDS.—In making 

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1 trator shall decide whether to award a grant, 

2 rebate, or low-cost revolving loan, or a combina3 tion thereof, based primarily on— 

4 ‘‘(i) how best to facilitate replacing 

5 existing school buses with clean school 

6 buses; and 

7 ‘‘(ii) the preference of the eligible re8 cipient. 

9 ‘‘(C) INCLUDED COSTS.—Awards under 

10 paragraph (1) may pay for— 

11 ‘‘(i) acquisition and labor costs for 

12 charging or other infrastructure needed to 

13 charge or maintain clean school buses; 

14 ‘‘(ii) workforce development and train15 ing, to support the maintenance, charging, 

16 and operations of electric school buses; and 

17 ‘‘(iii) planning and technical activities 

18 to support the adoption and deployment of 

19 clean school buses. 

20 ‘‘(D) EXCEPTION.—In the case of awards 

21 under paragraph (1) to eligible recipients de22 scribed in subsection (a)(4)(A)(iv), the Adminis23 trator may make awards for up to 70 percent 

24 of the replacement costs for clean school buses, 

25 except that if such a recipient demonstrates, to 


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1 the satisfaction of the Administrator, that its 

2 labor standards are equal to or exceed those of 

3 the public school system that would be served 

4 by the clean school buses acquired with an 

5 award under this section, the Administrator 

6 may make an award to such recipient for up to 

7 90 percent of the replacement costs for clean 

8 school buses. 

9 ‘‘(E) REQUIREMENTS.—The Administrator 

10 shall require, as a condition of receiving an 

11 award under this section, that award recipi12 ents— 

13 ‘‘(i) do not, as a result of receiving 

14 the award— 

15 ‘‘(I) lay off, transfer, or demote 

16 any current employee; or 

17 ‘‘(II) reduce the salary or bene18 fits of any current employee or worsen 

19 the conditions of work of any current 

20 employee; and 

21 ‘‘(ii) provide current employees with 

22 training to effectively operate, maintain, or 

23 otherwise adapt to new technologies relat24 ing to clean school buses. 

25 ‘‘(F) BUY AMERICA.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), any clean school bus or 

3 electric vehicle supply equipment pur4 chased using funds awarded under the this 

5 section shall comply with the requirements 

6 described in section 5323(j) of title 49, 

7 United States Code. 

8 ‘‘(ii) EXCEPTIONS.— 

9 ‘‘(I) WAIVER.—The Adminis10 trator may provide a waiver to the re11 quirements describe in clause (i) in 

12 the same manner and to the same ex13 tent as the Secretary of Transpor14 tation may provide a waiver under 

15 section 5323(j)(2) of title 49, United 

16 States Code. 

17 ‘‘(II) PERCENTAGE OF COMPO18 NENTS AND SUBCOMPONENTS.—The 

19 Administrator may grant a waiver in 

20 accordance with section 5323(j)(2)(C) 

21 of title 49, United States Code, when 

22 a grant recipient procures a clean 

23 school bus or electric vehicle supply 

24 equipment using funds awarded under 

25 the program for which the cost of 


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1 components and subcomponents pro2 duced in the United States— 

3 ‘‘(aa) for each of fiscal years 

4 2021 through 2025, is more than 

5 60 percent of the cost of all com6 ponents of the clean school bus; 

7 and 

8 ‘‘(bb) for fiscal year 2025 

9 and each fiscal year thereafter, is 

10 more than 70 percent of the cost 

11 of all components of the clean 

12 school bus. 

13 ‘‘(7) DEPLOYMENT AND DISTRIBUTION.—The 

14 Administrator shall— 

15 ‘‘(A) to the maximum extent practicable, 

16 achieve nationwide deployment of clean school 

17 buses through the program under this section; 

18 ‘‘(B) ensure, as practicable, a broad geo19 graphic distribution of awards under paragraph 

20 (1) each fiscal year; 

21 ‘‘(C) solicit early applications for large22 scale deployments and, as soon as reasonably 

23 practicable, award grants for at least one such 

24 large scale deployment in a rural location and 


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1 another in an urban location, subject to the re2 quirement that each such award recipient— 

3 ‘‘(i) participate in the development of 

4 best practices, lessons learned, and other 

5 information sharing to guide the imple6 mentation of the award program, including 

7 relating to building out associated infra8 structure; and 

9 ‘‘(ii) cooperate as specified in sub10 paragraph (D); and 

11 ‘‘(D) develop, in cooperation with award 

12 recipients, resources for future award recipients 

13 under this section. 

14 ‘‘(8) SCRAPPAGE.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 shall require the recipient of an award under 

17 paragraph (1) to verify, not later than 1 year 

18 after receiving a clean school bus purchased 

19 using the award, that the engine of the replaced 

20 school bus has been scrapped. 

21 ‘‘(B) EXCEPTION.—Subject to such condi22 tions the Administrator determines appropriate, 

23 giving consideration to public health and reduc24 ing emissions of pollutants, the Administrator 


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1 may waive the requirements of subparagraph 

2 (A) for school buses that meet— 

3 ‘‘(i) the emission standards applicable 

4 to a new school bus as of the date of en5 actment of the CLEAN Future Act; or 

6 ‘‘(ii) subsequent emission standards 

7 that are at least as stringent as the stand8 ards referred to in clause (i). 

9 ‘‘(c) EDUCATION AND OUTREACH.— 

10 ‘‘(1) IN GENERAL.—Not later than 90 days 

11 after the date of enactment of the CLEAN Future 

12 Act, the Administrator shall develop an education 

13 and outreach program to promote and explain the 

14 award program under this section. 

15 ‘‘(2) COORDINATION WITH STAKEHOLDERS.— 

16 The education and outreach program under para17 graph (1) shall be designed and conducted in con18 junction with interested national school bus trans19 portation associations, labor unions, electric utilities, 

20 manufacturers of clean school buses, manufacturers 

21 of components of clean school buses, clean transpor22 tation nonprofit organizations, and other stake23 holders. 

24 ‘‘(3) COMPONENTS.—The education and out25 reach program under paragraph (1) shall— 


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1 ‘‘(A) inform, encourage, and support po2 tential award recipients on the process of apply3 ing for awards and fulfilling the requirements 

4 of awards; 

5 ‘‘(B) describe the available technologies 

6 and the benefits of the technologies; 

7 ‘‘(C) explain the benefits of participating 

8 in the award program; 

9 ‘‘(D) make available information regarding 

10 best practices, lessons learned, and technical 

11 and other information regarding— 

12 ‘‘(i) clean school bus acquisition and 

13 deployment; 

14 ‘‘(ii) the build-out of associated infra15 structure and advance planning with the 

16 local electricity supplier; 

17 ‘‘(iii) workforce development and 

18 training; and 

19 ‘‘(iv) any other information that, in 

20 the judgment of the Administrator, is rel21 evant to transitioning to and deploying 

22 clean school buses; 

23 ‘‘(E) make available the information pro24 vided by the Secretary pursuant to subsection 

25 (d); 


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1 ‘‘(F) in consultation with the Secretary, 

2 make information available about how clean 

3 school buses can be part of building community 

4 resilience to the effects of climate change; and 

5 ‘‘(G) include, as appropriate, information 

6 from the annual report required under sub7 section (g). 

8 ‘‘(d) DOE ASSISTANCE.— 

9 ‘‘(1) INFORMATION GATHERING.—The Sec10 retary shall gather, and not less than annually share 

11 with the Administrator, information regarding— 

12 ‘‘(A) vehicle-to-grid technology, including 

13 best practices and use-case scenarios; 

14 ‘‘(B) the use of clean school buses for com15 munity resilience; and 

16 ‘‘(C) technical aspects of clean school bus 

17 management and deployment. 

18 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

19 shall, in response to a request from the Adminis20 trator, or from an applicant for or recipient of an 

21 award under this section, provide technical assist22 ance in the development of an application for or the 

23 use of award funds. 

24 ‘‘(e) ADMINISTRATIVE COSTS.—The Administrator 

25 may use, for the administrative costs of carrying out this 


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1 section, not more than two percent of the amounts made 

2 available to carry out this section for any fiscal year. 

3 ‘‘(f) ANNUAL REPORT.—Not later than January 31 

4 of each year, the Administrator shall submit to Congress 

5 a report that— 

6 ‘‘(1) evaluates the implementation of this sec7 tion; 

8 ‘‘(2) describes— 

9 ‘‘(A) the total number of applications re10 ceived for awards under this section; 

11 ‘‘(B) the number of clean school buses re12 quested in such applications; 

13 ‘‘(C) the awards made under this section 

14 and the criteria used to select the award recipi15 ents; 

16 ‘‘(D) the awards made under this section 

17 for charging and fueling infrastructure; 

18 ‘‘(E) ongoing compliance with the commit19 ments made by manufacturers on the list main20 tained by the Administrator under subsection 

21 (b)(3); 

22 ‘‘(F) the estimated effect of the awards 

23 under this section on emission of air pollutants, 

24 including greenhouse gases; and 


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1 ‘‘(G) any other information the Adminis2 trator considers appropriate; and 

3 ‘‘(3) describes any waiver granted under sub4 section (b)(5)(B) during the preceding year. 

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(1) IN GENERAL.—There is authorized to be 

7 appropriated to the Administrator to carry out this 

8 section, to remain available until expended, 

9 $2,500,000,000 for each of fiscal years 2022 

10 through 2031. 

11 ‘‘(2) ALLOCATION.—Of the amount authorized 

12 to be appropriated for carrying out this section for 

13 each fiscal year, no less than $1,000,000,000 shall 

14 be used for awards under this section to eligible re15 cipients proposing to replace school buses to serve a 

16 community of color, indigenous community, low-in17 come community, or any community located in an 

18 air quality area designated pursuant to section 107 

19 of the Clean Air Act (42 U.S.C. 7407) as nonattain20 ment.’’. 

21 (b) TECHNICAL AMENDMENT TO STRIKE REDUN22 DANT AUTHORIZATION.—The Safe, Accountable, Flexible, 

23 Efficient Transportation Equity Act: A Legacy for Users 

24 (commonly referred to as ‘‘SAFETEA–LU’’) is amend25 ed— 


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1 (1) by striking section 6015 (42 U.S.C. 

2 16091a); and 

3 (2) in the table of contents in section 1(b) of 

4 such Act, by striking the item relating to section 

5 6015. 

6 SEC. 424. CLEAN CITIES COALITION PROGRAM. 

7 (a) IN GENERAL.—The Secretary shall carry out a 

8 program to be known as the Clean Cities Coalition Pro9 gram. 

10 (b) PROGRAM ELEMENTS.—In carrying out the pro11 gram under subsection (a), the Secretary shall— 

12 (1) establish criteria for designating local and 

13 regional Clean Cities Coalitions; 

14 (2) designate local and regional Clean Cities 

15 Coalitions that the Secretary determines meet the 

16 criteria established under paragraph (1); 

17 (3) make awards to each designated Clean Cit18 ies Coalition for administrative and program ex19 penses of the coalition; 

20 (4) make competitive awards to designated 

21 Clean Cities Coalitions for projects and activities de22 scribed in subsection (c); 

23 (5) provide technical assistance and training to 

24 designated Clean Cities Coalitions; 


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1 (6) provide opportunities for communication 

2 and sharing of best practices among designated 

3 Clean Cities Coalitions; and 

4 (7) maintain, and make available to the public, 

5 a centralized database of information included in the 

6 reports submitted under subsection (d). 

7 (c) PROJECTS AND ACTIVITIES.—Projects and activi8 ties eligible for awards under subsection (b)(4) are 

9 projects and activities that reduce petroleum consumption, 

10 improve air quality, promote energy and economic secu11 rity, and encourage deployment of a diverse, domestic sup12 ply of alternative fuels in the transportation sector by— 

13 (1) encouraging the purchase and use of alter14 native fuel vehicles and alternative fuels, including 

15 by fleet managers; 

16 (2) expediting the establishment of local, re17 gional, and national infrastructure to fuel alternative 

18 fuel vehicles; 

19 (3) advancing the use of other petroleum fuel 

20 reduction technologies and strategies; 

21 (4) conducting outreach and education activities 

22 to advance the use of alternative fuels and alter23 native fuel vehicles; 


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1 (5) providing training and technical assistance 

2 and tools to users that adopt petroleum fuel reduc3 tion technologies; or 

4 (6) collaborating with and training officials and 

5 first responders with responsibility for permitting 

6 and enforcing fire, building, and other safety codes 

7 related to the deployment and use of alternative 

8 fuels or alternative fuel vehicles. 

9 (d) ANNUAL REPORT.—Each designated Clean Cities 

10 Coalition shall submit an annual report to the Secretary 

11 on the activities and accomplishments of the coalition. 

12 (e) DEFINITIONS.—In this section: 

13 (1) ALTERNATIVE FUEL.—The term ‘‘alter14 native fuel’’ has the meaning given such term in sec15 tion 32901 of title 49, United States Code. 

16 (2) ALTERNATIVE FUEL VEHICLE.—The term 

17 ‘‘alternative fuel vehicle’’ means any vehicle that is 

18 capable of operating, partially or exclusively, on an 

19 alternative fuel. 

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

21 the Secretary of Energy. 

22 (f) FUNDING.— 

23 (1) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to carry out 

25 this section— 


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1 (A) $50,000,000 for fiscal year 2022; 

2 (B) $60,000,000 for fiscal year 2023; 

3 (C) $75,000,000 for fiscal year 2024; 

4 (D) $90,000,000 for fiscal year 2025; and 

5 (E) $100,000,000 for each of fiscal years 

6 2026 through 2031. 

7 (2) ALLOCATIONS.—The Secretary shall allo8 cate funds made available to carry out this section 

9 in each fiscal year as follows: 

10 (A) 30 percent of such funds shall be dis11 tributed as awards under subsection (b)(3). 

12 (B) 50 percent of such funds shall be dis13 tributed as competitive awards under subsection 

14 (b)(4). 

15 (C) 20 percent of such funds shall be used 

16 to carry out the duties of the Secretary under 

17 this section. 

18 Subtitle D—Zero Emissions Vehicle 

19 Infrastructure Buildout 

20 PART 1—ELECTRIC VEHICLE INFRASTRUCTURE 

21 SEC. 431. DEFINITIONS. 

22 In this part: 

23 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 

24 The term ‘‘electric vehicle supply equipment’’ means 

25 any conductors, including ungrounded, grounded, 


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1 and equipment grounding conductors, electric vehicle 

2 connectors, attachment plugs, and all other fittings, 

3 devices, power outlets, or apparatuses installed spe4 cifically for the purpose of delivering energy to an 

5 electric vehicle. 

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

7 the Secretary of Energy. 

8 (3) UNDERSERVED OR DISADVANTAGED COM9 MUNITY.—The term ‘‘underserved or disadvantaged 

10 community’’ means— 

11 (A) a community located in a ZIP code 

12 that includes a census tract that is identified 

13 as— 

14 (i) a low-income community; or 

15 (ii) a community of color; 

16 (B) a community in which climate change, 

17 pollution, or environmental destruction have ex18 acerbated systemic racial, regional, social, envi19 ronmental, and economic injustices by dis20 proportionately affecting indigenous peoples, 

21 communities of color, migrant communities, 

22 deindustrialized communities, depopulated rural 

23 communities, the poor, low-income workers, 

24 women, the elderly, the unhoused, people with 

25 disabilities, or youth; or 


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1 (C) any other community that the Sec2 retary determines is disproportionately vulner3 able to, or bears a disproportionate burden of, 

4 any combination of economic, social, and envi5 ronmental stressors. 

6 SEC. 432. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE 

7 PROGRAM. 

8 (a) REBATE PROGRAM.—Not later than January 1, 

9 2022, the Secretary shall establish a rebate program to 

10 provide rebates for covered expenses associated with pub11 licly accessible electric vehicle supply equipment (in this 

12 section referred to as the ‘‘rebate program’’). 

13 (b) REBATE PROGRAM REQUIREMENTS.— 

14 (1) ELIGIBLE ENTITIES.—A rebate under the 

15 rebate program may be made to an individual, a 

16 State, local, Tribal, or Territorial government, a pri17 vate entity, a not-for-profit entity, a nonprofit entity, 

18 or a metropolitan planning organization. 

19 (2) ELIGIBLE EQUIPMENT.— 

20 (A) IN GENERAL.—Not later than 180 

21 days after the date of the enactment of this 

22 Act, the Secretary shall publish and maintain 

23 on the Department of Energy internet website 

24 a list of electric vehicle supply equipment that 

25 is eligible for the rebate program. 


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1 (B) UPDATES.—The Secretary may, by 

2 regulation, add to, or otherwise revise, the list 

3 of electric vehicle supply equipment under sub4 paragraph (A) if the Secretary determines that 

5 such addition or revision will likely lead to— 

6 (i) greater usage of electric vehicle 

7 supply equipment; 

8 (ii) greater access to electric vehicle 

9 supply equipment by users; or 

10 (iii) an improved experience for users 

11 of electric vehicle supply equipment, in12 cluding accessibility in compliance with the 

13 Americans with Disabilities Act of 1990 

14 (42 U.S.C. 12101 et seq.). 

15 (C) LOCATION REQUIREMENT.—To be eli16 gible for the rebate program, the electric vehicle 

17 supply equipment described in subparagraph 

18 (A) shall be installed— 

19 (i) in the United States; 

20 (ii) on property— 

21 (I) owned by the eligible entity 

22 under paragraph (1); or 

23 (II) on which the eligible entity 

24 under paragraph (1) has authority to 


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1 install electric vehicle supply equip2 ment; and 

3 (iii) at a location that is— 

4 (I) a multi-unit housing struc5 ture; 

6 (II) a workplace; 

7 (III) a commercial location; or 

8 (IV) open to the public for a 

9 minimum of 12 hours per day; 

10 (3) APPLICATION.— 

11 (A) IN GENERAL.—An eligible entity under 

12 paragraph (1) may submit to the Secretary an 

13 application for a rebate under the rebate pro14 gram. Such application shall include— 

15 (i) the estimated cost of covered ex16 penses to be expended on the electric vehi17 cle supply equipment that is eligible under 

18 paragraph (2); 

19 (ii) the estimated installation cost of 

20 the electric vehicle supply equipment that 

21 is eligible under paragraph (2); 

22 (iii) the global positioning system lo23 cation, including the integer number of de24 grees, minutes, and seconds, where such 

25 electric vehicle supply equipment is to be 


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1 installed, and identification of whether 

2 such location is— 

3 (I) a multi-unit housing struc4 ture; 

5 (II) a workplace; 

6 (III) a commercial location; or 

7 (IV) open to the public for a 

8 minimum of 12 hours per day; 

9 (iv) the technical specifications of 

10 such electric vehicle supply equipment, in11 cluding the maximum power voltage and 

12 amperage of such equipment; 

13 (v) an identification of any existing 

14 electric vehicle supply equipment that— 

15 (I) is available to the public for a 

16 minimum of 12 hours per day; and 

17 (II) is not further than 50 miles 

18 from the global positioning system lo19 cation identified under clause (iii); 

20 and 

21 (vi) any other information determined 

22 by the Secretary to be necessary for a com23 plete application. 

24 (B) REVIEW PROCESS.—The Secretary 

25 shall review an application for a rebate under 


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1 the rebate program and approve an eligible en2 tity under paragraph (1) to receive such rebate 

3 if the application meets the requirements of the 

4 rebate program under this subsection. 

5 (C) NOTIFICATION TO ELIGIBLE ENTITY.— 

6 Not later than 1 year after the date on which 

7 the eligible entity under paragraph (1) applies 

8 for a rebate under the rebate program, the Sec9 retary shall notify the eligible entity whether 

10 the eligible entity will be awarded a rebate 

11 under the rebate program following the submis12 sion of additional materials required under 

13 paragraph (5). 

14 (4) REBATE AMOUNT.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the amount of a rebate made 

17 under the rebate program for each charging 

18 unit shall be the lesser of— 

19 (i) 75 percent of the applicable cov20 ered expenses; 

21 (ii) $2,000 for covered expenses asso22 ciated with the purchase and installation of 

23 non-networked level 2 charging equipment; 


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1 (iii) $4,000 for covered expenses asso2 ciated with the purchase and installation of 

3 networked level 2 charging equipment; or 

4 (iv) $100,000 for covered expenses as5 sociated with the purchase and installation 

6 of networked direct current fast charging 

7 equipment. 

8 (B) REBATE AMOUNT FOR REPLACEMENT

9 EQUIPMENT.—A rebate made under the rebate 

10 program for replacement of pre-existing electric 

11 vehicle supply equipment at a single location 

12 shall be the lesser of— 

13 (i) 75 percent of the applicable cov14 ered expenses; 

15 (ii) $1,000 for covered expenses asso16 ciated with the purchase and installation of 

17 non-networked level 2 charging equipment; 

18 (iii) $2,000 for covered expenses asso19 ciated with the purchase and installation of 

20 networked level 2 charging equipment; or 

21 (iv) $25,000 for covered expenses as22 sociated with the purchase and installation 

23 of networked direct current fast charging 

24 equipment. 

25 (5) DISBURSEMENT OF REBATE.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 disburse a rebate under the rebate program to 

3 an eligible entity under paragraph (1), following 

4 approval of an application under paragraph (3), 

5 if such entity submits the materials required 

6 under subparagraph (B). 

7 (B) MATERIALS REQUIRED FOR DISBURSE8 MENT OF REBATE.—Not later than one year 

9 after the date on which the eligible entity under 

10 paragraph (1) receives notice under paragraph 

11 (3)(C) that the eligible entity has been ap12 proved for a rebate, such eligible entity shall 

13 submit to the Secretary the following— 

14 (i) a record of payment for covered 

15 expenses expended on the installation of 

16 the electric vehicle supply equipment that 

17 is eligible under paragraph (2); 

18 (ii) a record of payment for the elec19 tric vehicle supply equipment that is eligi20 ble under paragraph (2); 

21 (iii) the global positioning system lo22 cation of where such electric vehicle supply 

23 equipment was installed and identification 

24 of whether such location is— 


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1 (I) a multi-unit housing struc2 ture; 

3 (II) a workplace; 

4 (III) a commercial location; or 

5 (IV) open to the public for a 

6 minimum of 12 hours per day; 

7 (iv) the technical specifications of the 

8 electric vehicle supply equipment that is el9 igible under paragraph (2), including the 

10 maximum power voltage and amperage of 

11 such equipment; and 

12 (v) any other information determined 

13 by the Secretary to be necessary. 

14 (C) AGREEMENT TO MAINTAIN.—To be eli15 gible for a rebate under the rebate program, an 

16 eligible entity under paragraph (1) shall enter 

17 into an agreement with the Secretary to main18 tain the electric vehicle supply equipment that 

19 is eligible under paragraph (2) in a satisfactory 

20 manner for not less than 5 years after the date 

21 on which the eligible entity under paragraph (1) 

22 receives the rebate under the rebate program. 

23 (D) EXCEPTION.—The Secretary shall not 

24 disburse a rebate under the rebate program if 

25 materials submitted under subparagraph (B) do 


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1 not meet the same global positioning system lo2 cation and technical specifications for the elec3 tric vehicle supply equipment that is eligible 

4 under paragraph (2) provided in an application 

5 under paragraph (3). 

6 (6) MULTI-PORT CHARGERS.—An eligible entity 

7 under paragraph (1) shall be awarded a rebate 

8 under the rebate program for covered expenses relat9 ing to the purchase and installation of a multi-port 

10 charger based on the number of publicly accessible 

11 charging ports, with each subsequent port after the 

12 first port being eligible for 50 percent of the full re13 bate amount. 

14 (7) NETWORKED DIRECT CURRENT FAST

15 CHARGING.—Of amounts appropriated to carry out 

16 the rebate program, not more than 40 percent may 

17 be used for rebates of networked direct current fast 

18 charging equipment. 

19 (8) HYDROGEN FUEL CELL REFUELING INFRA20 STRUCTURE.—Hydrogen refueling equipment shall 

21 be eligible for a rebate under the rebate program as 

22 though it were networked direct current fast charg23 ing equipment. All requirements related to public ac24 cessibility of installed locations shall apply. 


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1 (9) REPORT.—Not later than 3 years after the 

2 first date on which the Secretary awards a rebate 

3 under the rebate program, the Secretary shall sub4 mit to the Committee on Energy and Commerce of 

5 the House of Representatives and the Committee on 

6 Energy and Natural Resources of the Senate a re7 port of the number of rebates awarded for electric 

8 vehicle supply equipment and hydrogen fuel cell re9 fueling equipment in each of the location categories 

10 described in paragraph (2)(C)(iii). 

11 (c) DEFINITIONS.—In this section: 

12 (1) COVERED EXPENSES.—The term ‘‘covered 

13 expenses’’ means an expense that is associated with 

14 the purchase and installation of electric vehicle sup15 ply equipment, including— 

16 (A) the cost of electric vehicle supply 

17 equipment; 

18 (B) labor costs associated with the installa19 tion of such electric vehicle supply equipment, 

20 only if wages for such labor are paid at rates 

21 not less than those prevailing on similar labor 

22 in the locality of installation, as determined by 

23 the Secretary of Labor under subchapter IV of 

24 chapter 31 of title 40, United States Code 


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1 (commonly referred to as the ‘‘Davis-Bacon 

2 Act’’); 

3 (C) material costs associated with the in4 stallation of such electric vehicle supply equip5 ment, including expenses involving electrical 

6 equipment and necessary upgrades or modifica7 tions to the electrical grid and associated infra8 structure required for the installation of such 

9 electric vehicle supply equipment; 

10 (D) permit costs associated with the instal11 lation of such electric vehicle supply equipment; 

12 and 

13 (E) the cost of an on-site energy storage 

14 system. 

15 (2) ELECTRIC VEHICLE.—The term ‘‘electric 

16 vehicle’’ means a vehicle that derives all or part of 

17 its power from electricity. 

18 (3) MULTI-PORT CHARGER.—The term ‘‘multi19 port charger’’ means electric vehicle supply equip20 ment capable of charging more than one electric ve21 hicle. 

22 (4) LEVEL 2 CHARGING EQUIPMENT.—The 

23 term ‘‘level 2 charging equipment’’ means electric 

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1 nating current power source at a minimum of 208 

2 volts. 

3 (5) NETWORKED DIRECT CURRENT FAST

4 CHARGING EQUIPMENT.—The term ‘‘networked di5 rect current fast charging equipment’’ means electric 

6 vehicle supply equipment that provides a direct cur7 rent power source at a minimum of 50 kilowatts and 

8 is enabled to connect to a network to facilitate data 

9 collection and access. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $100,000,000 for each of fiscal years 2022 through 2031. 

13 SEC. 433. MODEL BUILDING CODE FOR ELECTRIC VEHICLE 

14 SUPPLY EQUIPMENT. 

15 (a) REVIEW.—The Secretary shall review proposed or 

16 final model building codes for— 

17 (1) integrating electric vehicle supply equipment 

18 into residential and commercial buildings that in19 clude space for individual vehicle or fleet vehicle 

20 parking; and 

21 (2) integrating onsite renewable power equip22 ment and electric storage equipment (including elec23 tric vehicle batteries to be used for electric storage) 

24 into residential and commercial buildings. 


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1 (b) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide technical assistance to stakeholders representing 

3 the building construction industry, manufacturers of elec4 tric vehicles and electric vehicle supply equipment, State 

5 and local governments, and any other persons with rel6 evant expertise or interests to facilitate understanding of 

7 the model code and best practices for adoption by jurisdic8 tions. 

9 SEC. 434. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDI10 NATION. 

11 (a) IN GENERAL.—Not later than 90 days after the 

12 date of enactment of this Act, the Secretary, acting 

13 through the Assistant Secretary of the Office of Electricity 

14 Delivery and Energy Reliability (including the Smart Grid 

15 Task Force), shall convene a group to assess progress in 

16 the development of standards necessary to— 

17 (1) support the expanded deployment of electric 

18 vehicle supply equipment; 

19 (2) develop an electric vehicle charging network 

20 to provide reliable charging for electric vehicles na21 tionwide, taking into consideration range anxiety 

22 and the location of charging infrastructure to ensure 

23 an electric vehicle can travel throughout the United 

24 States without losing a charge; 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) REPORT TO CONGRESS.—Not later than 1 year 

5 after the date of enactment of this Act, the Secretary shall 

6 provide to the Committee on Energy and Commerce of the 

7 House of Representatives and to the Committee on En8 ergy and Natural Resources of the Senate a report con9 taining the results of the assessment carried out under 

10 subsection (a) and recommendations to overcome any bar11 riers to standards development or adoption identified by 

12 the group convened under such subsection. 

13 SEC. 435. STATE CONSIDERATION OF ELECTRIC VEHICLE 

14 CHARGING. 

15 (a) CONSIDERATION AND DETERMINATION RESPECT16 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

17 of the Public Utility Regulatory Policies Act of 1978 (16 

18 U.S.C. 2621(d)) is further amended by adding at the end 

19 the following: 

20 ‘‘(22) ELECTRIC VEHICLE CHARGING PRO21 GRAMS.— 

22 ‘‘(A) IN GENERAL.—Each State shall con23 sider measures to promote greater electrifica24 tion of the transportation sector, including— 


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1 ‘‘(i) authorizing measures to stimulate 

2 investment in and deployment of electric 

3 vehicle supply equipment and to foster the 

4 market for electric vehicle charging; 

5 ‘‘(ii) authorizing each electric utility 

6 of the State to recover from ratepayers any 

7 capital, operating expenditure, or other 

8 costs of the electric utility relating to load 

9 management, programs, or investments as10 sociated with the integration of electric ve11 hicle supply equipment into the grid; and 

12 ‘‘(iii) allowing a person or agency that 

13 owns and operates an electric vehicle 

14 charging facility for the sole purpose of re15 charging an electric vehicle battery to be 

16 excluded from regulation as an electric 

17 utility pursuant to section 3(4) when mak18 ing electricity sales from the use of the 

19 electric vehicle charging facility, if such 

20 sales are the only sales of electricity made 

21 by the person or agency. 

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

23 paragraph, the term ‘electric vehicle supply 

24 equipment’ means conductors, including 

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1 ing conductors, electric vehicle connectors, at2 tachment plugs, and all other fittings, devices, 

3 power outlets, or apparatuses installed specifi4 cally for the purpose of delivering energy to an 

5 electric vehicle.’’. 

6 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 

7 (1) TIME LIMITATIONS.—Section 112(b) of the 

8 Public Utility Regulatory Policies Act of 1978 (16 

9 U.S.C. 2622(b)) is amended by adding at the end 

10 the following: 

11 ‘‘(9)(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 standards 

18 established by paragraph (22) 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 

23 nonregulated electric utility, shall complete the con24 sideration, and shall make the determination, re25 ferred to in section 111 with respect to each standVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ard established by paragraph (22) of section 

2 111(d).’’. 

3 (2) FAILURE TO COMPLY.—Section 112(c) of 

4 the Public Utility Regulatory Policies Act of 1978 

5 (16 U.S.C. 2622(c)) is amended by adding at the 

6 end the following: ‘‘In the case of the standard es7 tablished by paragraph (22) of section 111(d), the 

8 reference contained in this subsection to the date of 

9 enactment of this Act shall be deemed to be a ref10 erence to the date of enactment of that paragraph.’’. 

11 (3) PRIOR STATE ACTIONS.—Section 112 of the 

12 Public Utility Regulatory Policies Act of 1978 (16 

13 U.S.C. 2622) is amended by adding at the end the 

14 following: 

15 ‘‘(i) PRIOR STATE ACTIONS.—Subsections (b) and 

16 (c) of this section shall not apply to the standard estab17 lished by paragraph (22) of section 111(d) in the case of 

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

19 this subsection— 

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

21 the standard concerned (or a comparable standard); 

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

23 State or relevant nonregulated electric utility has 

24 conducted a proceeding to consider implementation 


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1 of the standard concerned (or a comparable stand2 ard) for such utility; 

3 ‘‘(3) the State legislature has voted on the im4 plementation of such standard (or a comparable 

5 standard) for such utility; or 

6 ‘‘(4) the State has taken action to implement 

7 incentives or other steps to strongly encourage the 

8 deployment of electric vehicles.’’. 

9 (4) PRIOR AND PENDING PROCEEDINGS.—Sec10 tion 124 of the Public Utility Regulatory Policies 

11 Act of 1978 (16 U.S.C. 2634) is amended is amend12 ed by adding at the end the following: ‘‘In the case 

13 of the standard established by paragraph (22) of 

14 section 111(d), the reference contained in this sec15 tion to the date of the enactment of this Act shall 

16 be deemed to be a reference to the date of enact17 ment of such paragraph (22).’’. 

18 SEC. 436. STATE ENERGY PLANS. 

19 (a) STATE ENERGY CONSERVATION PLANS.—Section 

20 362(d) of the Energy Policy and Conservation Act (42 

21 U.S.C. 6322(d)) is amended— 

22 (1) in paragraph (16), by striking ‘‘; and’’ and 

23 inserting a semicolon; 

24 (2) by redesignating paragraph (17) as para25 graph (18); and 


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1 (3) by inserting after paragraph (16) the fol2 lowing: 

3 ‘‘(17) a State energy transportation plan devel4 oped in accordance with section 368; and’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 365(f) of the Energy Policy and Conservation Act (42 

7 U.S.C. 6325(f)) is amended to read as follows: 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) STATE ENERGY CONSERVATION PLANS.— 

10 For the purpose of carrying out this part, there are 

11 authorized to be appropriated $100,000,000 for each 

12 of fiscal years 2022 through 2031. 

13 ‘‘(2) STATE ENERGY TRANSPORTATION

14 PLANS.—In addition to the amounts authorized 

15 under paragraph (1), for the purpose of carrying out 

16 section 368, there are authorized to be appropriated 

17 $25,000,000 for each of fiscal years 2022 through 

18 2031.’’. 

19 (c) STATE ENERGY TRANSPORTATION PLANS.— 

20 (1) IN GENERAL.—Part D of title III of the 

21 Energy Policy and Conservation Act (42 U.S.C. 

22 6321 et seq.) is further amended by adding at the 

23 end the following: 


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1 ‘‘SEC. 368. STATE ENERGY TRANSPORTATION PLANS. 

2 ‘‘(a) IN GENERAL.—The Secretary may provide fi3 nancial assistance to a State to develop a State energy 

4 transportation plan, for inclusion in a State energy con5 servation plan under section 362(d), to promote the elec6 trification of the transportation system, reduced consump7 tion of fossil fuels, and improved air quality. 

8 ‘‘(b) DEVELOPMENT.—A State developing a State en9 ergy transportation plan under this section shall carry out 

10 this activity through the State energy office that is respon11 sible for developing the State energy conservation plan 

12 under section 362. 

13 ‘‘(c) CONTENTS.—A State developing a State energy 

14 transportation plan under this section shall include in such 

15 plan a plan to— 

16 ‘‘(1) deploy a network of electric vehicle supply 

17 equipment to ensure access to electricity for electric 

18 vehicles, including commercial vehicles, to an extent 

19 that such electric vehicles can travel throughout the 

20 State without running out of a charge; and 

21 ‘‘(2) promote modernization of the electric grid, 

22 including through the use of renewable energy 

23 sources to power the electric grid, to accommodate 

24 demand for power to operate electric vehicle supply 

25 equipment and to utilize energy storage capacity 


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1 provided by electric vehicles, including commercial 

2 vehicles. 

3 ‘‘(d) COORDINATION.—In developing a State energy 

4 transportation plan under this section, a State shall co5 ordinate, as appropriate, with— 

6 ‘‘(1) State regulatory authorities (as defined in 

7 section 3 of the Public Utility Regulatory Policies 

8 Act of 1978 (16 U.S.C. 2602)); 

9 ‘‘(2) electric utilities; 

10 ‘‘(3) regional transmission organizations or 

11 independent system operators; 

12 ‘‘(4) private entities that provide electric vehicle 

13 charging services; 

14 ‘‘(5) State transportation agencies, metropoli15 tan planning organizations, and local governments; 

16 ‘‘(6) electric vehicle manufacturers; 

17 ‘‘(7) public and private entities that manage ve18 hicle fleets; and 

19 ‘‘(8) public and private entities that manage 

20 ports, airports, or other transportation hubs. 

21 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

22 Governor of a State, the Secretary shall provide informa23 tion and technical assistance in the development, imple24 mentation, or revision of a State energy transportation 

25 plan. 


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1 ‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE2 FINED.—For purposes of this section, the term ‘electric 

3 vehicle supply equipment’ means conductors, including 

4 ungrounded, grounded, and equipment grounding conduc5 tors, electric vehicle connectors, attachment plugs, and all 

6 other fittings, devices, power outlets, or apparatuses in7 stalled specifically for the purpose of delivering energy to 

8 an electric vehicle.’’. 

9 (2) CONFORMING AMENDMENT.—The table of 

10 sections for part D of title III of the Energy Policy 

11 and Conservation Act is further amended by adding 

12 at the end the following: 

‘‘Sec. 368. State energy security plans.’’. 

13 SEC. 437. TRANSPORTATION ELECTRIFICATION. 

14 Section 131 of the Energy Independence and Security 

15 Act of 2007 (42 U.S.C. 17011) is amended— 

16 (1) in subsection (a)(6)— 

17 (A) in subparagraph (A), by inserting ‘‘, 

18 including ground support equipment at ports’’ 

19 before the semicolon; 

20 (B) in subparagraph (E), by inserting 

21 ‘‘and vehicles’’ before the semicolon; 

22 (C) in subparagraph (H), by striking 

23 ‘‘and’’ at the end; 

24 (D) in subparagraph (I)— 


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1 (i) by striking ‘‘battery chargers,’’; 

2 and 

3 (ii) by striking the period at the end 

4 and inserting a semicolon; and 

5 (E) by adding at the end the following: 

6 ‘‘(J) installation of electric vehicle supply 

7 equipment for recharging plug-in electric drive 

8 vehicles, including such equipment that is acces9 sible in rural and urban areas and in under10 served or disadvantaged communities and such 

11 equipment for medium- and heavy-duty vehicles, 

12 including at depots and in-route locations; 

13 ‘‘(K) multi-use charging hubs used for 

14 multiple forms of transportation; 

15 ‘‘(L) medium- and heavy-duty vehicle 

16 smart charging management and refueling; 

17 ‘‘(M) battery recycling and secondary use, 

18 including for medium- and heavy-duty vehicles; 

19 and 

20 ‘‘(N) sharing of best practices, and tech21 nical assistance provided by the Department to 

22 public utilities commissions and utilities, for 

23 medium- and heavy-duty vehicle electrifica24 tion.’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (3)(A)(ii), by inserting ‘‘, 

2 components for such vehicles, and charging 

3 equipment for such vehicles’’ after ‘‘vehicles’’; 

4 and 

5 (B) in paragraph (6), by striking 

6 ‘‘$90,000,000 for each of fiscal years 2008 

7 through 2012’’ and inserting ‘‘$2,000,000,000 

8 for each of fiscal years 2022 through 2031’’; 

9 (3) in subsection (c)— 

10 (A) in the header, by striking ‘‘NEAR11 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 

12 (B) in paragraph (4), by striking 

13 ‘‘$95,000,000 for each of fiscal years 2008 

14 through 2013’’ and inserting ‘‘$2,500,000,000 

15 for each of fiscal years 2022 through 2031’’; 

16 and 

17 (4) by redesignating subsection (d) as sub18 section (e) and inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) PRIORITY.—In providing grants under sub21 sections (b) and (c), the Secretary shall give priority con22 sideration to applications that contain a written assurance 

23 that all laborers and mechanics employed by contractors 

24 or subcontractors during construction, alteration, or re25 pair that is financed, in whole or in part, by a grant proVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 vided under this section shall be paid wages at rates not 

2 less than those prevailing on similar construction in the 

3 locality, as determined by the Secretary of Labor in ac4 cordance with sections 3141 through 3144, 3146, and 

5 3147 of title 40, United States Code (and the Secretary 

6 of Labor shall, with respect to the labor standards de7 scribed in this clause, have the authority and functions 

8 set forth in Reorganization Plan Numbered 14 of 1950 

9 (5 U.S.C. App.) and section 3145 of title 40, United 

10 States Code).’’. 

11 SEC. 438. FEDERAL FLEETS. 

12 (a) MINIMUM FEDERAL FLEET REQUIREMENT.— 

13 Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 

14 13212) is amended— 

15 (1) in subsection (a), by adding at the end the 

16 following: 

17 ‘‘(3) The Secretary, in consultation with the Adminis18 trator of General Services, shall ensure that in acquiring 

19 medium- and heavy-duty vehicles for a Federal fleet, a 

20 Federal entity shall acquire zero emission vehicles to the 

21 maximum extent feasible.’’; 

22 (2) by striking subsection (b) and inserting the 

23 following: 

24 ‘‘(b) PERCENTAGE REQUIREMENTS.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) LIGHT-DUTY VEHICLES.—Beginning 

2 in fiscal year 2025, 100 percent of the total 

3 number of light-duty vehicles acquired by a 

4 Federal entity for a Federal fleet shall be alter5 native fueled vehicles, of which— 

6 ‘‘(i) at least 50 percent shall be zero 

7 emission vehicles or plug-in hybrids in fis8 cal years 2025 through 2034; 

9 ‘‘(ii) at least 75 percent shall be zero 

10 emission vehicles or plug-in hybrids in fis11 cal years 2035 through 2049; and 

12 ‘‘(iii) 100 percent shall be zero emis13 sion vehicles in fiscal year 2050 and there14 after. 

15 ‘‘(B) MEDIUM- AND HEAVY-DUTY VEHI16 CLES.—The following percentages of the total 

17 number of medium- and heavy-duty vehicles ac18 quired by a Federal entity for a Federal fleet 

19 shall be alternative fueled vehicles: 

20 ‘‘(i) At least 20 percent in fiscal years 

21 2025 through 2029. 

22 ‘‘(ii) At least 30 percent in fiscal 

23 years 2030 through 2039. 

24 ‘‘(iii) At least 40 percent in fiscal 

25 years 2040 through 2049. 


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1 ‘‘(iv) At least 50 percent in fiscal year 

2 2050 and thereafter. 

3 ‘‘(2) EXCEPTION.—The Secretary, in consulta4 tion with the Administrator of General Services 

5 where appropriate, may permit a Federal entity to 

6 acquire for a Federal fleet a smaller percentage than 

7 is required in paragraph (1) for a fiscal year, so long 

8 as the aggregate percentage acquired for each class 

9 of vehicle for all Federal fleets in the fiscal year is 

10 at least equal to the required percentage. 

11 ‘‘(3) DEFINITIONS.—In this subsection: 

12 ‘‘(A) FEDERAL FLEET.—The term ‘Fed13 eral fleet’ means a fleet of vehicles that are cen14 trally fueled or capable of being centrally fueled 

15 and are owned, operated, leased, or otherwise 

16 controlled by or assigned to any Federal execu17 tive department, military department, Govern18 ment corporation, independent establishment, 

19 or executive agency, the United States Postal 

20 Service, the Congress, the courts of the United 

21 States, or the Executive Office of the President. 

22 Such term does not include— 

23 ‘‘(i) motor vehicles held for lease or 

24 rental to the general public; 


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1 ‘‘(ii) motor vehicles used for motor ve2 hicle manufacturer product evaluations or 

3 tests; 

4 ‘‘(iii) law enforcement vehicles; 

5 ‘‘(iv) emergency vehicles; or 

6 ‘‘(v) motor vehicles acquired and used 

7 for military purposes that the Secretary of 

8 Defense has certified to the Secretary must 

9 be exempt for national security reasons. 

10 ‘‘(B) FLEET.—The term ‘fleet’ means— 

11 ‘‘(i) 20 or more light-duty vehicles, lo12 cated in a metropolitan statistical area or 

13 consolidated metropolitan statistical area, 

14 as established by the Bureau of the Cen15 sus, with a 1980 population of more than 

16 250,000; or 

17 ‘‘(ii) 10 or more medium- or heavy18 duty vehicles, located at a Federal facility 

19 or located in a metropolitan statistical area 

20 or consolidated metropolitan statistical 

21 area, as established by the Bureau of the 

22 Census, with a 1980 population of more 

23 than 250,000.’’; and 

24 (3) in subsection (f)(2)(B)— 

25 (A) by striking ‘‘, either’’; and 


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1 (B) in clause (i), by striking ‘‘or’’ and in2 serting ‘‘and’’. 

3 (b) FEDERAL FLEET CONSERVATION REQUIRE4 MENTS.—Section 400FF(a) of the Energy Policy and 

5 Conservation Act (42 U.S.C. 6374e) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘18 months after the date 

8 of enactment of this section’’ and inserting ‘‘12 

9 months after the date of enactment of the 

10 CLEAN Future Act’’; 

11 (B) by striking ‘‘2010’’ and inserting 

12 ‘‘2022’’; and 

13 (C) by striking ‘‘and increase alternative 

14 fuel consumption’’ and inserting ‘‘, increase al15 ternative fuel consumption, and reduce vehicle 

16 greenhouse gas emissions’’; and 

17 (2) by striking paragraph (2) and inserting the 

18 following: 

19 ‘‘(2) GOALS.—The goals of the requirements 

20 under paragraph (1) are that each Federal agency 

21 shall— 

22 ‘‘(A) reduce fleet-wide per-mile greenhouse 

23 gas emissions from agency fleet vehicles, rel24 ative to a baseline of emissions in 2015, by— 


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1 ‘‘(i) not less than 30 percent by the 

2 end of fiscal year 2025; 

3 ‘‘(ii) not less than 50 percent by the 

4 end of fiscal year 2030; and 

5 ‘‘(iii) 100 percent by the end of fiscal 

6 year 2050; and 

7 ‘‘(B) increase the annual percentage of al8 ternative fuel consumption by agency fleet vehi9 cles as a proportion of total annual fuel con10 sumption by Federal fleet vehicles, to achieve— 

11 ‘‘(i) 25 percent of total annual fuel 

12 consumption that is alternative fuel by the 

13 end of fiscal year 2025; 

14 ‘‘(ii) 50 percent of total annual fuel 

15 consumption that is alternative fuel by the 

16 end of fiscal year 2035; and 

17 ‘‘(iii) at least 85 percent of total an18 nual fuel consumption that is alternative 

19 fuel by the end of fiscal year 2050.’’. 

20 PART 2—ELECTRIC VEHICLES FOR 

21 UNDERSERVED COMMUNITIES 

22 SEC. 440A. EXPANDING ACCESS TO ELECTRIC VEHICLES IN 

23 UNDERSERVED AND DISADVANTAGED COM24 MUNITIES. 

25 (a) IN GENERAL.— 


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1 (1) ASSESSMENT.—The Secretary shall conduct 

2 an assessment of the state of, challenges to, and op3 portunities for the deployment of electric vehicle 

4 charging infrastructure in underserved or disadvan5 taged communities located throughout the United 

6 States. 

7 (2) REPORT.—Not later than 1 year after the 

8 date of the enactment of this Act, the Secretary 

9 shall submit to the Committee on Energy and Com10 merce of the House of Representatives and the Com11 mittee on Energy and Natural Resources of the Sen12 ate a report on the results of the assessment con13 ducted under paragraph (1), which shall— 

14 (A) describe the state of deployment of 

15 electric vehicle charging infrastructure in un16 derserved or disadvantaged communities located 

17 in urban, suburban, and rural areas, including 

18 a description of— 

19 (i) the state of deployment of electric 

20 vehicle charging infrastructure that is— 

21 (I) publicly accessible; 

22 (II) installed in or available to 

23 occupants of public and affordable 

24 housing; 


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1 (III) installed in or available to 

2 occupants of multi-unit dwellings; 

3 (IV) available to public sector 

4 and commercial fleets; and 

5 (V) installed in or available at 

6 places of work; 

7 (ii) policies, plans, and programs that 

8 cities, States, utilities, and private entities 

9 are using to encourage greater deployment 

10 and usage of electric vehicles and the asso11 ciated electric vehicle charging infrastruc12 ture, including programs to encourage de13 ployment of publicly accessible electric ve14 hicle charging stations and electric vehicle 

15 charging stations available to residents in 

16 publicly owned and privately owned multi17 unit dwellings; 

18 (iii) ownership models for Level 2 

19 charging stations and DC FAST charging 

20 stations located in residential multi-unit 

21 dwellings, commercial buildings, and pub22 licly accessible areas; 

23 (iv) mechanisms for financing electric 

24 vehicle charging stations; and 


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1 (v) rates charged for the use of Level 

2 2 charging stations and DC FAST charg3 ing stations; 

4 (B) identify current barriers to expanding 

5 deployment of electric vehicle charging infra6 structure in underserved or disadvantaged com7 munities in urban, suburban, and rural areas, 

8 including barriers to expanding deployment of 

9 publicly accessible electric vehicle charging in10 frastructure; 

11 (C) identify the potential for, and barriers 

12 to, recruiting and entering into contracts with 

13 locally owned small and disadvantaged busi14 nesses, including women and minority-owned 

15 businesses, to deploy electric vehicle charging 

16 infrastructure in underserved or disadvantaged 

17 communities in urban, suburban, and rural 

18 areas; 

19 (D) compile and provide an analysis of 

20 best practices and policies used by State and 

21 local governments, nonprofit organizations, and 

22 private entities to increase deployment of elec23 tric vehicle charging infrastructure in under24 served or disadvantaged communities in urban, 


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1 suburban, and rural areas, including best prac2 tices and policies relating to— 

3 (i) public outreach and engagement; 

4 (ii) increasing deployment of publicly 

5 accessible electric vehicle charging infra6 structure; and 

7 (iii) increasing deployment of electric 

8 vehicle charging infrastructure in publicly 

9 owned and privately owned multi-unit 

10 dwellings; 

11 (E) to the extent practicable, enumerate 

12 and identify in urban, suburban, and rural 

13 areas within each State with detail at the level 

14 of ZIP Codes and census tracts— 

15 (i) the number of existing and 

16 planned publicly accessible Level 2 charg17 ing stations and DC FAST charging sta18 tions for individually owned light-duty and 

19 medium-duty electric vehicles; 

20 (ii) the number of existing and 

21 planned Level 2 charging stations and DC 

22 FAST charging stations for public sector 

23 and commercial fleet electric vehicles and 

24 medium- and heavy-duty electric vehicles; 

25 and 


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1 (iii) the number and type of electric 

2 vehicle charging stations installed in or 

3 available to occupants of public and afford4 able housing; and 

5 (F) describe the methodology used to ob6 tain the information provided in the report. 

7 (b) FIVE-YEAR UPDATE ASSESSMENT.—Not later 

8 than 5 years after the date of the enactment of this Act, 

9 the Secretary shall— 

10 (1) update the assessment conducted under 

11 subsection (a)(1); and 

12 (2) make public and submit to the Committee 

13 on Energy and Commerce of the House of Rep14 resentatives and the Committee on Energy and Nat15 ural Resources of the Senate a report, which shall— 

16 (A) update the information required by 

17 subsection (a)(2); and 

18 (B) include a description of case studies 

19 and key lessons learned after the date on which 

20 the report under subsection (a)(2) was sub21 mitted with respect to expanding the deploy22 ment of electric vehicle charging infrastructure 

23 in underserved or disadvantaged communities in 

24 urban, suburban, and rural areas. 


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1 SEC. 440B. ELECTRIC VEHICLE CHARGING EQUITY PRO2 GRAM. 

3 (a) PROGRAM.—Not later than 90 days after the date 

4 of the enactment of this Act, the Secretary shall establish 

5 a program, to be known as the EV Charging Equity Pro6 gram, to increase deployment and accessibility of electric 

7 vehicle charging infrastructure in underserved or dis8 advantaged communities by— 

9 (1) providing technical assistance to eligible en10 tities described in subsection (e); and 

11 (2) awarding grants on a competitive basis to 

12 eligible entities described in subsection (e) for 

13 projects that increase such deployment and accessi14 bility of electric vehicle charging infrastructure, in15 cluding projects that are— 

16 (A) publicly accessible; 

17 (B) located within or are easily accessible 

18 to residents of— 

19 (i) public or affordable housing; 

20 (ii) multi-unit dwellings; or 

21 (iii) single-family homes; and 

22 (C) located within or easily accessible to 

23 places of work, provided that such electric vehi24 cle charging infrastructure is accessible no 

25 fewer than 5 days per week. 

26 (b) COST SHARE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amount of a grant awarded under 

3 this section for a project shall not exceed 80 percent 

4 of project costs. 

5 (2) SINGLE-FAMILY HOMES.—The amount of a 

6 grant awarded under this section for a project that 

7 involves, as a primary focus, single-family homes 

8 shall not exceed 60 percent of project costs. 

9 (c) LIMITATION.—Not more than 15 percent of the 

10 amount awarded for grants under this section in a fiscal 

11 year shall be awarded for projects that involve, as a pri12 mary focus, single-family homes. 

13 (d) PRIORITY.—In awarding grants and providing 

14 technical assistance under this section, the Secretary shall 

15 give priority to projects that— 

16 (1) provide the greatest benefit to the greatest 

17 number of people within an underserved or dis18 advantaged community; 

19 (2) incorporate renewable energy resources; 

20 (3) maximize local job creation, particularly 

21 among low-income, women, and minority workers; or 

22 (4) utilize or involve locally owned small and 

23 disadvantaged businesses, including women and mi24 nority-owned businesses. 

25 (e) ELIGIBLE ENTITIES.— 


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1 (1) IN GENERAL.—To be eligible for a grant or 

2 technical assistance under the EV Charging Equity 

3 Program, an entity shall be— 

4 (A) an individual or household that is the 

5 owner of where a project will be carried out; 

6 (B) a State, local, Tribal, or Territorial 

7 government, or an agency or department there8 of; 

9 (C) an electric utility, including— 

10 (i) a municipally owned electric utility; 

11 (ii) a publicly owned electric utility; 

12 (iii) an investor-owned utility; and 

13 (iv) a rural electric cooperative; 

14 (D) a nonprofit organization or institution; 

15 (E) a public housing authority; 

16 (F) an institution of higher education (as 

17 defined in section 101 of the Higher Education 

18 Act of 1965 (20 U.S.C. 1001)); 

19 (G) a local small or disadvantaged busi20 ness; or 

21 (H) a partnership between any number of 

22 eligible entities described in subparagraphs (A) 

23 through (G). 

24 (2) UPDATES.—The Secretary may add to or 

25 otherwise revise the list of eligible entities under 


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1 paragraph (1) if the Secretary determines that such 

2 an addition or revision would be beneficial to in3 creasing deployment and accessibility of electric ve4 hicle charging infrastructure in underserved or dis5 advantaged communities. 

6 (f) PUBLIC NOTICE AND REQUEST FOR APPLICA7 TIONS.—The Secretary shall publish in the Federal Reg8 ister, and such other publications as the Secretary con9 siders to be appropriate, a notice and request for applica10 tions to carry out projects under the EV Charging Equity 

11 Program. 

12 (g) EDUCATION AND OUTREACH.— 

13 (1) IN GENERAL.—In carrying out the EV 

14 Charging Equity Program, the Secretary shall estab15 lish an education and outreach component of such 

16 Program to ensure that information regarding such 

17 Program and the benefits and opportunities for elec18 tric vehicle charging is made available to individuals 

19 and relevant entities that live within or serve under20 served or disadvantaged communities. 

21 (2) REQUIREMENTS.—At a minimum, the edu22 cation and outreach component of the EV Charging 

23 Equity Program established under this subsection 

24 shall include— 


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1 (A) the development and dissemination of 

2 an electric vehicle charging resource guide that 

3 is— 

4 (i) maintained electronically on a 

5 website; 

6 (ii) available to the public, free of 

7 charge; and 

8 (iii) directed specifically towards indi9 viduals and relevant entities that live with10 in or serve underserved or disadvantaged 

11 communities; 

12 (B) targeted outreach towards, and coordi13 nated public outreach with, relevant local, 

14 State, and Tribal entities, nonprofit organiza15 tions, and institutions of higher education, that 

16 are located within or serve underserved or dis17 advantaged communities; and 

18 (C) any other such forms of education or 

19 outreach as the Secretary determines appro20 priate to increase awareness of and access to 

21 the EV Charging Equity Program. 

22 (h) REPORTS TO CONGRESS.—Not later than 1 year 

23 after the EV Charging Equity Program is established 

24 under this section, and not less frequently than once every 

25 2 years after that, the Secretary shall submit to the ComVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 mittee on Energy and Commerce of the House of Rep2 resentatives and the Committee on Energy and Natural 

3 Resources of the Senate, and make publicly available, a 

4 report on the status of the EV Charging Equity Program, 

5 including a list and description of projects that have re6 ceived grant awards or technical assistance, and of the 

7 funding or assistance provided to such projects. 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $96,000,000 for each of fiscal years 2022 through 2031. 

11 SEC. 440C. ENSURING PROGRAM BENEFITS FOR UNDER12 SERVED AND DISADVANTAGED COMMU13 NITIES. 

14 In administering a relevant program, the Secretary 

15 shall, to the extent practicable, invest or direct available 

16 and relevant programmatic resources so that such pro17 gram— 

18 (1) promotes electric vehicle charging infra19 structure; 

20 (2) supports clean and multi-modal transpor21 tation; 

22 (3) provides improved air quality and emissions 

23 reductions; and 

24 (4) prioritizes the needs of underserved or dis25 advantaged communities. 


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1 SEC. 440D. DEFINITIONS. 

2 In this part: 

3 (1) ELECTRIC VEHICLE CHARGING INFRA4 STRUCTURE.—The term ‘‘electric vehicle charging 

5 infrastructure’’ means electric vehicle supply equip6 ment, including any conductors, electric vehicle con7 nectors, attachment plugs, and all other fittings, de8 vices, power outlets, or apparatuses installed specifi9 cally for the purposes of delivering energy to an elec10 tric vehicle. 

11 (2) PUBLICLY ACCESSIBLE.—The term ‘‘pub12 licly accessible’’ means, with respect to electric vehi13 cle charging infrastructure, electric vehicle charging 

14 infrastructure that is available, at zero or reasonable 

15 cost, to members of the public for the purpose of 

16 charging a privately owned or leased electric vehicle, 

17 or electric vehicle that is available for use by mem18 bers of the general public as part of a ride service 

19 or vehicle sharing service or program, including 

20 within or around— 

21 (A) public sidewalks and streets; 

22 (B) public parks; 

23 (C) public buildings, including— 

24 (i) libraries; 

25 (ii) schools; and 

26 (iii) government offices; 


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1 (D) public parking; 

2 (E) shopping centers; and 

3 (F) commuter transit hubs. 

4 (3) RELEVANT PROGRAM.—The term ‘‘relevant 

5 program’’ means a program of the Department of 

6 Energy, including— 

7 (A) the State energy program under part 

8 D of title III the Energy Policy and Conserva9 tion Act (42 U.S.C. 6321 et seq.); 

10 (B) the Clean Cities program; 

11 (C) the Energy Efficiency and Conserva12 tion Block Grant Program established under 

13 section 542 of the Energy Independence and 

14 Security Act of 2007 (42 U.S.C. 17152); 

15 (D) loan guarantees made pursuant to title 

16 XVII of the Energy Policy Act of 2005 (42 

17 U.S.C. 16511 et seq.); and 

18 (E) such other programs as the Secretary 

19 determines appropriate. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 

22 (5) UNDERSERVED OR DISADVANTAGED COM23 MUNITY.—The term ‘‘underserved or disadvantaged 

24 community’’ means a community located within a 

25 ZIP Code or census tract that is identified as— 


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1 (A) a low-income community; 

2 (B) a community of color; 

3 (C) a Tribal community; 

4 (D) having a disproportionately low num5 ber of electric vehicle charging stations per cap6 ita, compared to similar areas; or 

7 (E) any other community that the Sec8 retary determines is disproportionately vulner9 able to, or bears a disproportionate burden of, 

10 any combination of economic, social, environ11 mental, and climate stressors. 

12 PART 3—ELECTRIC VEHICLE MAPPING 

13 SEC. 440E. DEFINITIONS. 

14 In this part: 

15 (1) APPROPRIATE COMMITTEES OF CON16 GRESS.—The term ‘‘appropriate committees of Con17 gress’’ means— 

18 (A) the Committee on Appropriations of 

19 the Senate; 

20 (B) the Committee on Energy and Natural 

21 Resources of the Senate; 

22 (C) the Committee on Appropriations of 

23 the House of Representatives; and 

24 (D) the Committee on Energy and Com25 merce of the House of Representatives. 


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1 (2) DIRECT CURRENT FAST CHARGING EQUIP2 MENT.—The term ‘‘direct current fast charging 

3 equipment’’ means electric vehicle supply equipment 

4 that provides a direct current power source at a 

5 minimum of 50 kilowatts. 

6 (3) ELECTRIC VEHICLE.—The term ‘‘electric 

7 vehicle’’ means a light, medium, or heavy-duty vehi8 cle that is powered primarily by an electric motor 

9 drawing current from rechargeable batteries, includ10 ing battery electric vehicles and plug-in hybrid vehi11 cles. 

12 (4) ELECTRIC VEHICLE CHARGING STATION.— 

13 The term ‘‘electric vehicle charging station’’ means 

14 electric vehicle supply equipment that provides elec15 tric current to recharge electric vehicles, including 

16 AC or DC charging capabilities, at a location that 

17 is— 

18 (A) a multiunit housing structure; 

19 (B) a workplace; 

20 (C) a commercial location; or 

21 (D) open to the public for a minimum of 

22 12 hours per day. 

23 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti24 ty’’ means— 

25 (A) a college or university; 


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1 (B) a nonprofit entity; 

2 (C) an electric cooperative; 

3 (D) a political subdivision of a State, in4 cluding a municipally owned electric utility and 

5 an agency, authority, corporation, or instrumen6 tality of a State; 

7 (E) a tribally owned electric utility, an 

8 agency, authority, corporation, or instrumen9 tality of an Indian Tribe; 

10 (F) an investor-owned electric utility; or 

11 (G) a private entity. 

12 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

13 has the meaning given the term in section 4(e) of 

14 the Indian Self-Determination and Education Assist15 ance Act (25 U.S.C. 5304(e)). 

16 (7) LEVEL 2 CHARGING EQUIPMENT.—The 

17 term ‘‘Level 2 charging equipment’’ means electric 

18 vehicle supply equipment that provides an alter19 nating current power source at a minimum of 240 

20 volts. 

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

22 the Secretary of Energy. 


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1 SEC. 440F. ELECTRIC VEHICLE CHARGING STATION MAP2 PING PROGRAM. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Secretary shall establish 

5 a program to provide grants to, or enter into cooperative 

6 agreements with, eligible entities to carry out activities de7 scribed in subsection (c) in order to determine where elec8 tric vehicle charging stations will be needed to meet the 

9 current and future needs of electric vehicle drivers in the 

10 5-year period following receipt of the grant, and to help 

11 guide future investments for electric vehicle charging sta12 tions. 

13 (b) APPLICATION.—To be eligible to receive a grant 

14 under the program established under subsection (a), an 

15 eligible entity, or partnership of eligible entities, shall sub16 mit to the Secretary an application at such time, in such 

17 manner, and containing such information as the Secretary 

18 may require. 

19 (c) USE OF GRANT.—An eligible entity, or partner20 ship of eligible entities, may use a grant received under 

21 subsection (a), with respect to an area in the United 

22 States specified by the eligible entity or partnership of eli23 gible entities, to— 

24 (1) evaluate locations of current electric vehicle 

25 owners, and potential locations of electric vehicles 

26 owners during the 5-year period following receipt of 


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1 the grant, in the specified area, based on data such 

2 as commute and travel patterns; 

3 (2) evaluate estimated current commute and 

4 travel patterns, and commute and travel patterns 

5 during the 5-year period following receipt of the 

6 grant, of electric vehicles in the specified area; 

7 (3) estimate the current electricity usage, and 

8 the electricity usage during the 5-year period fol9 lowing receipt of the grant, required to serve electric 

10 vehicle charging stations in the specified area; 

11 (4) develop a map identifying concentrations of 

12 electric vehicle charging stations to meet the needs 

13 of current and future of electric vehicle drivers in 

14 the specified area, based on data such as commute 

15 and travel patterns; 

16 (5) estimate the future need for electric vehicle 

17 charging stations in the specified area to support the 

18 adoption and use of electric vehicles in shared mobil19 ity solutions, such as microtransit and transpor20 tation network companies; or 

21 (6) develop an analytical model to allow a city, 

22 county, or other local agency to compare and evalu23 ate different adoption and use scenarios for electric 

24 vehicles and electric vehicle charging stations, with 


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1 the ability to adjust factors to account for locally 

2 and regionally specific characteristics. 

3 (d) ELECTRIC VEHICLE CHARGING STATION DATA4 BASE.—Not later than 1 year after the date of enactment 

5 of this Act, the Secretary of Energy shall create and main6 tain a fully searchable database, which shall be accessible 

7 on the website of the Department, that contains, at a min8 imum— 

9 (1) information maintained by the Office of En10 ergy Efficiency & Renewable Energy of the Depart11 ment of electric vehicle charging station locations; 

12 (2) potential electric vehicle charging station lo13 cations identified by eligible entities, or partnerships 

14 of eligible entities, from the program established 

15 under subsection (c); and 

16 (3) the ability for a user of the database estab17 lished under this subsection to sort generated elec18 tric vehicle charging station results by various char19 acteristics with respect to such electric vehicle charg20 ing stations, including— 

21 (A) location, in terms of the State, city, or 

22 other specified area by the user; 

23 (B) accessibility, in terms whether such 

24 station is public or private; 


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1 (C) status, in terms of whether such sta2 tion is available, planned, or a potential location 

3 identified by the program established under 

4 subsection (c); and 

5 (D) charging type, in terms of— 

6 (i) Level 2 charging equipment; and 

7 (ii) direct current fast charging equip8 ment. 

9 (e) REPORT.— 

10 (1) An eligible entity receiving funds under sub11 section (c) of this Act shall provide preliminary or 

12 complete findings, data, or results of activity carried 

13 about by the eligible entity under such subsection to 

14 the Secretary at the earliest date practicable, except 

15 that such preliminary or complete findings, data, or 

16 results of such activity shall be provided to the Sec17 retary from an eligible entity no later than 12 

18 months after the date of receipt of such grant. 

19 (2) Not later than 18 months after the date of 

20 enactment of this Act, and annually thereafter dur21 ing the duration of such program, the Secretary 

22 shall submit to the appropriate committees of Con23 gress a report on the outcomes of the program es24 tablished under this section, including— 


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1 (A) the number of identified concentra2 tions, and to the extent practicable, locations, 

3 by eligible entities for electric vehicle charging 

4 stations in rural, urban, or specified areas with 

5 a combination thereof; 

6 (B) an analysis, based on the number of 

7 identified concentrations or locations by eligible 

8 entities for electric vehicle charging stations in 

9 paragraph (1)— 

10 (i) for the potential of such electric 

11 vehicle charging stations to reasonably 

12 support travel patterns of various distances 

13 for operators of electric vehicles; and 

14 (ii) in terms of the requisite electricity 

15 usage that could be derived from identified 

16 locations of electric vehicle charging sta17 tions, any relevant variables that may im18 pact the efficacy of electric vehicle charg19 ing stations in rural, urban, or specified 

20 areas with a combination thereof; 

21 (C) a summary of characteristics, trends, 

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1 fied areas with a combination thereof using the 

2 grant under subsection (c); and 

3 (D) such other information as the Sec4 retary determines appropriate. 

5 SEC. 440G. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There is authorized to be appro7 priated to carry out this Act $2,000,000 for each of fiscal 

8 years 2022 through 2027. 

9 (b) ADMINISTRATIVE COSTS.—Not more than 5 per10 cent of the amount appropriated under subsection (a) for 

11 each fiscal year shall be used for administrative expenses 

12 for the Secretary to carry out this part. 

13 Subtitle E—Promoting Domestic 

14 Advanced Vehicle Manufacturing 

15 SEC. 441. DOMESTIC MANUFACTURING CONVERSION 

16 GRANT PROGRAM. 

17 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND

18 FUEL CELL BUSES.—Subtitle B of title VII of the Energy 

19 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend20 ed— 

21 (1) in the subtitle header, by inserting ‘‘Plug22 In Electric Vehicles,’’ before ‘‘Hybrid Vehi23 cles’’; and 

24 (2) in part 1, in the part header, by striking 

25 ‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. 


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1 (b) PLUG-IN ELECTRIC VEHICLES.—Section 711 of 

2 the Energy Policy Act of 2005 (42 U.S.C. 16061) is 

3 amended to read as follows: 

4 ‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. 

5 ‘‘The Secretary shall accelerate efforts, related to do6 mestic manufacturing, that are directed toward the im7 provement of batteries, power electronics, and other tech8 nologies for use in plug-in electric vehicles.’’. 

9 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE10 HICLES.—Section 712 of the Energy Policy Act of 2005 

11 (42 U.S.C. 16062) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by inserting ‘‘, plug14 in electric,’’ after ‘‘efficient hybrid’’; and 

15 (B) by amending paragraph (3) to read as 

16 follows: 

17 ‘‘(3) PRIORITY.—Priority shall be given to— 

18 ‘‘(A) the refurbishment or retooling of 

19 manufacturing facilities that have recently 

20 ceased operation or would otherwise cease oper21 ation in the near future; and 

22 ‘‘(B) applications containing— 

23 ‘‘(i) a written assurance that— 

24 ‘‘(I) all laborers and mechanics 

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1 contractors during construction, alter2 ation, or repair, or at any manufac3 turing operation, that is financed, in 

4 whole or in part, by a loan under this 

5 section shall be paid wages at rates 

6 not less than those prevailing in a 

7 similar firm or on similar construction 

8 in the locality, as determined by the 

9 Secretary of Labor in accordance with 

10 subchapter IV of chapter 31 of title 

11 40, United States Code; and 

12 ‘‘(II) the Secretary of Labor 

13 shall, with respect to the labor stand14 ards described in this paragraph, have 

15 the authority and functions set forth 

16 in Reorganization Plan Numbered 14 

17 of 1950 (64 Stat. 1267; 5 U.S.C. 

18 App.) and section 3145 of title 40, 

19 United States Code; 

20 ‘‘(ii) a disclosure of whether there has 

21 been any administrative merits determina22 tion, arbitral award or decision, or civil 

23 judgment, as defined in guidance issued by 

24 the Secretary of Labor, rendered against 

25 the applicant in the preceding 3 years for 


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1 violations of applicable labor, employment, 

2 civil rights, or health and safety laws; 

3 ‘‘(iii) specific information regarding 

4 the actions the applicant will take to dem5 onstrate compliance with, and where pos6 sible exceedance of, requirements under 

7 applicable labor, employment, civil rights, 

8 and health and safety laws, and actions the 

9 applicant will take to ensure that its direct 

10 suppliers demonstrate compliance with ap11 plicable labor, employment, civil rights, 

12 and health and safety laws; and 

13 ‘‘(iv) an estimate and description of 

14 the jobs and types of jobs to be retained or 

15 created by the project and the specific ac16 tions the applicant will take to increase 

17 employment and retention of dislocated 

18 workers, veterans, individuals from low-in19 come communities, women, minorities, and 

20 other groups underrepresented in manufac21 turing, and individuals with a barrier to 

22 employment.’’; and 

23 (2) by striking subsection (c) and inserting the 

24 following: 


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1 ‘‘(c) COST SHARE AND GUARANTEE OF OPER2 ATION.— 

3 ‘‘(1) CONDITION.—A recipient of a grant under 

4 this section shall pay the Secretary the full amount 

5 of the grant if the facility financed in whole or in 

6 part under this subsection fails to manufacture 

7 goods for a period of at least 10 years after the com8 pletion of construction. 

9 ‘‘(2) COST SHARE.—Section 988(c) shall apply 

10 to a grant made under this subsection. 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to the Secretary to carry 

13 out this section $2,500,000,000 for each of fiscal years 

14 2022 through 2031. 

15 ‘‘(e) PERIOD OF AVAILABILITY.—An award made 

16 under this section after the date of enactment of this sub17 section shall only be available with respect to facilities and 

18 equipment placed in service before December 30, 2035.’’. 

19 (d) CONFORMING AMENDMENT.—The table of con20 tents of the Energy Policy Act of 2005 is amended— 

21 (1) in the item relating to subtitle B of title 

22 VII, by inserting ‘‘Plug-In Electric Vehicles,’’ before 

23 ‘‘Hybrid Vehicles’’; 


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1 (2) in the item relating to part 1 of such sub2 title, by striking ‘‘Hybrid’’ and inserting ‘‘Plug-In 

3 Electric’’; and 

4 (3) in the item relating to section 711, by strik5 ing ‘‘Hybrid’’ and inserting ‘‘Plug-in electric’’. 

6 SEC. 442. ADVANCED TECHNOLOGY VEHICLES MANUFAC7 TURING INCENTIVE PROGRAM. 

8 Section 136 of the Energy Independence and Security 

9 Act of 2007 (42 U.S.C. 17013) is amended— 

10 (1) in subsection (a)— 

11 (A) by amending paragraph to read as fol12 lows: 

13 ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The 

14 term ‘advanced technology vehicle’ means— 

15 ‘‘(A) an ultra efficient vehicle; 

16 ‘‘(B) a light-duty vehicle or medium-duty 

17 passenger vehicle that— 

18 ‘‘(i) meets the Bin 160 Tier III emis19 sion standard established in regulations 

20 issued by the Administrator of the Envi21 ronmental Protection Agency under section 

22 202(i) of the Clean Air Act (42 U.S.C. 

23 7521(i)), or a lower-numbered Bin emis24 sion standard; 


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1 ‘‘(ii) meets any new emission standard 

2 in effect for fine particulate matter pre3 scribed by the Administrator under that 

4 Act (42 U.S.C. 7401 et seq.); and 

5 ‘‘(iii) either— 

6 ‘‘(I) complies with the applicable 

7 regulatory standard for emissions of 

8 greenhouse gases for model year 2027 

9 or later; or 

10 ‘‘(II) emits zero emissions of 

11 greenhouse gases; or 

12 ‘‘(C) a heavy-duty vehicle (excluding a me13 dium-duty passenger vehicle) that— 

14 ‘‘(i) demonstrates achievement below 

15 the applicable regulatory standards for 

16 emissions of greenhouse gases for model 

17 year 2027 vehicles promulgated by the Ad18 ministrator on October 25, 2016 (81 Fed. 

19 Reg. 73478); 

20 ‘‘(ii) complies with the applicable reg21 ulatory standard for emissions of green22 house gases for model year 2030 or later; 

23 or 

24 ‘‘(iii) emits zero emissions of green25 house gases.’’; 


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1 (B) by striking paragraph (2) and redesig2 nating paragraph (3) as paragraph (2); 

3 (C) by striking paragraph (4) and insert4 ing the following: 

5 ‘‘(3) QUALIFYING COMPONENT.—The term 

6 ‘qualifying component’ means a material, technology, 

7 component, system, or subsystem in an advanced 

8 technology vehicle, including an ultra-efficient com9 ponent. 

10 ‘‘(4) ULTRA-EFFICIENT COMPONENT.—The 

11 term ‘ultra-efficient component’ means— 

12 ‘‘(A) a component of an ultra efficient ve13 hicle; 

14 ‘‘(B) fuel cell technology; 

15 ‘‘(C) battery technology, including a bat16 tery cell, battery, battery management system, 

17 or thermal control system; 

18 ‘‘(D) an automotive semiconductor or com19 puter; 

20 ‘‘(E) an electric motor, axle, or component; 

21 and 

22 ‘‘(F) an advanced lightweight, high23 strength, or high-performance material.’’; and 

24 (D) in paragraph (5)— 


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

2 ‘‘or’’ at the end; 

3 (ii) in subparagraph (C), by striking 

4 the period at the end and inserting ‘‘; or’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) at least 75 miles per gallon equiva9 lent while operating as a hydrogen fuel cell elec10 tric vehicle.’’; 

11 (2) by amending subsection (b) to read as fol12 lows: 

13 ‘‘(b) ADVANCED VEHICLES MANUFACTURING FACIL14 ITY.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall provide 

16 facility funding awards under this section to ad17 vanced technology vehicle manufacturers and compo18 nent suppliers to pay not more than 50 percent of 

19 the cost of— 

20 ‘‘(A) reequipping, expanding, or estab21 lishing a manufacturing facility in the United 

22 States to produce— 

23 ‘‘(i) advanced technology vehicles; or 

24 ‘‘(ii) qualifying components; and 


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1 ‘‘(B) engineering integration performed in 

2 the United States of advanced technology vehi3 cles and qualifying components. 

4 ‘‘(2) ULTRA-EFFICIENT COMPONENTS COST

5 SHARE.—Notwithstanding paragraph (1), a facility 

6 funding award under such paragraph may pay not 

7 more than 80 percent of the cost of a project to 

8 reequip, expand, or establish a manufacturing facil9 ity in the United States to produce ultra-efficient 

10 components.’’; 

11 (3) in subsection (c), by striking ‘‘2020’’ and 

12 inserting ‘‘2031’’ each place it appears; 

13 (4) in subsection (d)— 

14 (A) by amending paragraph (2) to read as 

15 follows: 

16 ‘‘(2) APPLICATION.—An applicant for a loan 

17 under this subsection shall submit to the Secretary 

18 an application at such time, in such manner, and 

19 containing such information as the Secretary may 

20 require, including— 

21 ‘‘(A) a written assurance that— 

22 ‘‘(i) all laborers and mechanics em23 ployed by contractors or subcontractors 

24 during construction, alteration, or repair, 

25 or at any manufacturing operation, that is 


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1 financed, in whole or in part, by a loan 

2 under this section shall be paid wages at 

3 rates not less than those prevailing in a 

4 similar firm or on similar construction in 

5 the locality, as determined by the Sec6 retary of Labor in accordance with sub7 chapter IV of chapter 31 of title 40, 

8 United States Code; and 

9 ‘‘(ii) the Secretary of Labor shall, 

10 with respect to the labor standards de11 scribed in this paragraph, have the author12 ity and functions set forth in Reorganiza13 tion Plan Numbered 14 of 1950 (64 Stat. 

14 1267; 5 U.S.C. App.) and section 3145 of 

15 title 40, United States Code; 

16 ‘‘(B) a disclosure of whether there has 

17 been any administrative merits determination, 

18 arbitral award or decision, or civil judgment, as 

19 defined in guidance issued by the Secretary of 

20 Labor, rendered against the applicant in the 

21 preceding 3 years for violations of applicable 

22 labor, employment, civil rights, or health and 

23 safety laws; 

24 ‘‘(C) specific information regarding the ac25 tions the applicant will take to demonstrate 


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1 compliance with, and where possible exceedance 

2 of, requirements under applicable labor, employ3 ment, civil rights, and health and safety laws, 

4 and actions the applicant will take to ensure 

5 that its direct suppliers demonstrate compliance 

6 with applicable labor, employment, civil rights, 

7 and health and safety laws; and 

8 ‘‘(D) an estimate and description of the 

9 jobs and types of jobs to be retained or created 

10 by the project and the specific actions the appli11 cant will take to increase employment and re12 tention of dislocated workers, veterans, individ13 uals from low-income communities, women, mi14 norities, and other groups underrepresented in 

15 manufacturing, and individuals with a barrier 

16 to employment.’’; 

17 (B) by amending paragraph (3) to read as 

18 follows: 

19 ‘‘(3) SELECTION OF ELIGIBLE PROJECTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 select eligible projects to receive loans under 

22 this subsection in cases in which the Secretary 

23 determines— 

24 ‘‘(i) the loan recipient— 


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1 ‘‘(I) has a reasonable prospect of 

2 repaying the principal and interest on 

3 the loan; 

4 ‘‘(II) will provide sufficient infor5 mation to the Secretary for the Sec6 retary to ensure that the qualified in7 vestment is expended efficiently and 

8 effectively; and 

9 ‘‘(III) has met such other criteria 

10 as may be established and published 

11 by the Secretary; and 

12 ‘‘(ii) the amount of the loan (when 

13 combined with amounts available to the 

14 loan recipient from other sources) will be 

15 sufficient to carry out the project. 

16 ‘‘(B) REASONABLE PROSPECT OF REPAY17 MENT.—The Secretary shall base a determina18 tion of whether there is a reasonable prospect 

19 of repayment of the principal and interest on a 

20 loan under subparagraph (A) on a comprehen21 sive evaluation of whether the loan recipient has 

22 a reasonable prospect of repaying the principal 

23 and interest, including evaluation of— 


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1 ‘‘(i) the strength of an eligible 

2 project’s contractual terms (if commer3 cially reasonably available); 

4 ‘‘(ii) the forecast of noncontractual 

5 cash flows supported by market projections 

6 from reputable sources, as determined by 

7 the Secretary; 

8 ‘‘(iii) cash sweeps and other structure 

9 enhancements; 

10 ‘‘(iv) the projected financial strength 

11 of the loan recipient at the time of loan 

12 close and projected throughout the loan 

13 term after the project is completed; 

14 ‘‘(v) the financial strength of the loan 

15 recipient’s investors and strategic partners, 

16 if applicable; and 

17 ‘‘(vi) other financial metrics and anal18 yses that are relied upon by the private 

19 lending community and nationally recog20 nized credit rating agencies, as determined 

21 appropriate by the Secretary.’’; and 

22 (C) in paragraph (4)— 

23 (i) in subparagraph (B)(i), by striking 

24 ‘‘; and’’ and inserting ‘‘; or’’; 


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

2 ‘‘; and’’ and inserting a semicolon; 

3 (iii) in subparagraph (D), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iv) by adding at the end the fol7 lowing: 

8 ‘‘(E) shall be subject to the condition that 

9 the loan is not subordinate to other financing.’’; 

10 (5) by amending subsection (e) to read as fol11 lows: 

12 ‘‘(e) REGULATIONS.—Not later than 6 months after 

13 the date of enactment of the CLEAN Future Act, the Sec14 retary shall issue a final rule establishing regulations to 

15 carry out this section.’’; 

16 (6) by amending subsection (f) to read as fol17 lows: 

18 ‘‘(f) FEES.—The Secretary shall charge and collect 

19 fees for loans under this section in amounts the Secretary 

20 determines are sufficient to cover applicable administra21 tive expenses (including any costs associated with third22 party consultants engaged by the Secretary), which may 

23 not exceed $100,000 or 10 basis points of the loan and 

24 may not be collected prior to financial closing.’’; 


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1 (7) by amending subsection (g) to read as fol2 lows: 

3 ‘‘(g) PRIORITY.—The Secretary shall, in making 

4 awards or loans to those manufacturers that have existing 

5 facilities (which may be idle), give priority to those facili6 ties that are or would be— 

7 ‘‘(1) oldest or in existence for at least 20 years; 

8 ‘‘(2) recently closed, or at risk of closure; 

9 ‘‘(3) utilized primarily for the manufacture of 

10 medium-duty passenger vehicles or other heavy-duty 

11 vehicles that emit zero greenhouse gas emissions; or 

12 ‘‘(4) utilized primarily for the manufacture of 

13 ultra-efficient components.’’; 

14 (8) in subsection (h)— 

15 (A) in the header, by striking ‘‘AUTO16 MOBILE’’ and inserting ‘‘ADVANCED TECH17 NOLOGY VEHICLE’’; and 

18 (B) in paragraph (1)(B), by striking 

19 ‘‘automobiles, or components of automobiles’’ 

20 and inserting ‘‘advanced technology vehicles, or 

21 components of advanced technology vehicles’’; 

22 (9) by striking subsection (i) and redesignating 

23 subsection (j) as subsection (i); and 

24 (10) by adding at the end the following: 


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1 ‘‘(j) COORDINATION.—In carrying out this section, 

2 the Secretary shall coordinate with relevant vehicle, bio3 energy, and hydrogen and fuel cell demonstration project 

4 activities supported by the Department. 

5 ‘‘(k) OUTREACH.—In carrying out this section, the 

6 Secretary shall— 

7 ‘‘(1) provide assistance with the completion of 

8 applications for awards or loans under this section; 

9 and 

10 ‘‘(2) conduct outreach, including through con11 ferences and online programs, to disseminate infor12 mation on awards and loans under this section to 

13 potential applicants. 

14 ‘‘(l) REPORT.—Not later than 2 years after the date 

15 of the enactment of this subsection, and every 3 years 

16 thereafter, the Secretary shall submit to Congress a report 

17 on the status of projects supported by a loan under this 

18 section, including— 

19 ‘‘(1) a list of projects receiving a loan under 

20 this section, including the loan amount and con21 struction status of each such project; 

22 ‘‘(2) the status of each project’s loan repay23 ment, including future repayment projections; 


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1 ‘‘(3) data regarding the number of direct and 

2 indirect jobs retained, restored, or created by fi3 nanced projects; 

4 ‘‘(4) the number of new projects projected to 

5 receive a loan under this section in the next 2 years 

6 and the aggregate loan amount; 

7 ‘‘(5) evaluation of ongoing compliance with the 

8 assurances and commitments and of the predictions 

9 made by applicants pursuant to subsection (d)(2); 

10 and 

11 ‘‘(6) any other metrics the Secretary finds ap12 propriate. 

13 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $10,000,000 for each of fiscal years 2022 through 2031.’’. 

16 Subtitle F—Port Electrification 

17 and Decarbonization 

18 SEC. 451. DEFINITIONS. 

19 For purposes of this subtitle: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency. 

23 (2) ALTERNATIVE EMISSIONS CONTROL TECH24 NOLOGY.—The term ‘‘alternative emissions control 


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1 technology’’ means any technology, technique, or 

2 measure that— 

3 (A) captures the emissions of nitrogen 

4 oxide, particulate matter, reactive organic com5 pounds, and greenhouse gases from the auxil6 iary engine and auxiliary boiler of an ocean7 going vessel at berth; 

8 (B) is verified or approved by a State or 

9 Federal air quality regulatory agency; and 

10 (C) the use of which achieves at least the 

11 equivalent reduction of such emissions as the 

12 use of shore power for an ocean-going vessel at 

13 berth. 

14 (3) CARGO-HANDLING EQUIPMENT.—The term 

15 ‘‘cargo-handling equipment’’ includes— 

16 (A) ship-to-shore container cranes and 

17 other cranes; 

18 (B) container-handling equipment; and 

19 (C) equipment for moving or handling 

20 cargo, including trucks, reachstackers, 

21 toploaders, and forklifts. 

22 (4) CRITERIA POLLUTANT.—The term ‘‘criteria 

23 pollutant’’ means any air pollutant for which a na24 tional ambient air quality standard is in effect under 

25 section 109 of the Clean Air Act (42 U.S.C. 7409). 


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1 (5) DISTRIBUTED ENERGY SYSTEM.— 

2 (A) IN GENERAL.—The term ‘‘distributed 

3 energy system’’ means any energy system 

4 that— 

5 (i) is located on or near a customer 

6 site; 

7 (ii) is operated on the customer side 

8 of the electric meter; and 

9 (iii) is interconnected with the electric 

10 grid. 

11 (B) INCLUSIONS.—The term ‘‘distributed 

12 energy system’’ includes— 

13 (i) clean electricity generation; 

14 (ii) energy efficiency; 

15 (iii) energy demand management; 

16 (iv) an energy storage system; and 

17 (v) a microgrid. 

18 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means— 

20 (A) a port authority; 

21 (B) a State, regional, local, or Tribal agen22 cy that has jurisdiction over a port authority or 

23 a port; 

24 (C) an air pollution control district or air 

25 quality management district; or 


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1 (D) a private entity (including any non2 profit organization) that— 

3 (i) applies for a grant under this sec4 tion in partnership with an entity de5 scribed in subparagraph (A), (B), or (C); 

6 and 

7 (ii) owns, operates, or uses the facili8 ties, cargo-handling equipment, transpor9 tation equipment, or related technology of 

10 a port. 

11 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en12 ergy storage system’’ means any system, equipment, 

13 facility, or technology that— 

14 (A) is capable of storing energy for a pe15 riod of time and dispatching the stored energy; 

16 and 

17 (B) uses a mechanical, electrical, chemical, 

18 electrochemical, or thermal process to store en19 ergy that— 

20 (i) was generated at an earlier time 

21 for use at a later time; or 

22 (ii) was generated from a mechanical 

23 process, and would otherwise be wasted, 

24 for use at a later time. 


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1 (8) ENVIRONMENTAL JUSTICE COMMUNITY.— 

2 The term ‘‘environmental justice community’’ has 

3 the meaning given that term in section 601. 

4 (9) FULLY AUTOMATED CARGO-HANDLING

5 EQUIPMENT.—The term ‘‘fully automated cargo6 handling equipment’’ means cargo-handling equip7 ment that does not require the exercise of human 

8 intervention or control to operate or monitor, 

9 through either direct or remote means. 

10 (10) HARBOR VESSEL.—The term ‘‘harbor ves11 sel’’ means a ship, boat, lighter, or maritime vessel 

12 designed for service at and around a harbor or port. 

13 (11) NONATTAINMENT AREA.—The term ‘‘non14 attainment area’’ has the meaning given such term 

15 in section 171 of the Clean Air Act (42 U.S.C. 

16 7501). 

17 (12) PORT.—The term ‘‘port’’ means any mari18 time port or inland port. 

19 (13) PORT AUTHORITY.—The term ‘‘port au20 thority’’ means a governmental or quasi21 governmental authority formed by a legislative body 

22 to operate a port. 

23 (14) QUALIFIED CLIMATE ACTION PLAN.—The 

24 term ‘‘qualified climate action plan’’ means a de25 tailed and strategic plan that— 


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1 (A) establishes goals for an eligible entity 

2 to reduce emissions at one or more ports of— 

3 (i) greenhouse gases; 

4 (ii) criteria pollutants, and precursors 

5 thereof; and 

6 (iii) hazardous air pollutants; 

7 (B) describes how an eligible entity will im8 plement measures at one or more ports to meet 

9 the goals established in subparagraph (A); 

10 (C) describes how an eligible entity has im11 plemented or will implement measures to in12 crease the resilience of the port or ports in13 volved, including measures related to with14 standing and recovering from extreme weather 

15 events; 

16 (D) describes how an eligible entity will 

17 implement emissions accounting and inventory 

18 practices to— 

19 (i) determine baseline greenhouse gas 

20 emissions at a port; and 

21 (ii) measure the progress of the eligi22 ble entity in reducing such emissions; 

23 (E) demonstrates how implementation of 

24 the proposed measures will not result in a net 

25 loss of jobs at the port or ports involved; and 


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1 (F) includes a strategy to— 

2 (i) collaborate with stakeholders that 

3 may be affected by implementation of the 

4 plan, including local environmental justice 

5 communities and other near-port commu6 nities; 

7 (ii) address the potential, cumulative, 

8 community-level effects on stakeholders of 

9 implementing the plan; and 

10 (iii) provide effective, advance commu11 nication to stakeholders to avoid and mini12 mize conflicts. 

13 (15) SHORE POWER.—The term ‘‘shore power’’ 

14 means the provision of shoreside electrical power to 

15 a ship at berth that has shut down main and auxil16 iary engines. 

17 (16) ZERO-EMISSIONS PORT EQUIPMENT AND

18 TECHNOLOGY.—The term ‘‘zero-emissions port 

19 equipment and technology’’— 

20 (A) means any equipment, technology, or 

21 measure that— 

22 (i) is used at a port; and 

23 (ii)(I) produces zero exhaust emissions 

24 of— 


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1 (aa) any criteria pollutant and 

2 precursor thereof; and 

3 (bb) any greenhouse gas, other 

4 than water vapor; or 

5 (II) captures 100 percent of the ex6 haust emissions produced by an ocean7 going vessel at berth; and 

8 (B) includes any equipment, technology, or 

9 measure described in subparagraph (A) that 

10 is— 

11 (i) cargo-handling equipment; 

12 (ii) a harbor vessel; 

13 (iii) shore power; 

14 (iv) electrical charging infrastructure; 

15 (v) a distributed energy system; 

16 (vi) a vehicle, including an electric 

17 transport refrigeration unit; 

18 (vii) any technology or measure that 

19 reduces vehicle idling; 

20 (viii) any alternative emissions control 

21 technology; 

22 (ix) any equipment, technology, or 

23 measure related to grid modernization; or 


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1 (x) any other technology, equipment, 

2 or measure that the Administrator deter3 mines to be appropriate. 

4 SEC. 452. GRANTS TO REDUCE AIR POLLUTION AT PORTS. 

5 (a) ESTABLISHMENT.—Not later than 6 months after 

6 the date of enactment of this Act, the Administrator shall 

7 establish a program to award grants to eligible entities 

8 to develop and implement a qualified climate action plan 

9 at one or more ports. 

10 (b) GRANTS.—In carrying out the program estab11 lished under subsection (a), the Administrator shall award 

12 the following types of grants: 

13 (1) QUALIFIED CLIMATE ACTION PLAN DEVEL14 OPMENT.—The Administrator may award grants to 

15 eligible entities for development of a qualified cli16 mate action plan. 

17 (2) ZERO-EMISSIONS PORT EQUIPMENT AND

18 TECHNOLOGY.— 

19 (A) IN GENERAL.—The Administrator may 

20 award grants to eligible entities to purchase, in21 stall, or utilize zero-emissions port equipment 

22 and technology at one or more ports. 

23 (B) RELATION TO QUALIFIED CLIMATE AC24 TION PLAN.—The use of equipment and tech25 nology pursuant to a grant under this subVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 section shall be consistent with the qualified cli2 mate action plan of the eligible entity. 

3 (c) APPLICATION.— 

4 (1) IN GENERAL.—To seek a grant that is 

5 awarded under subsection (b), an eligible entity shall 

6 submit an application to the Administrator at such 

7 time, in such manner, and containing such informa8 tion and assurances as the Administrator may re9 quire. 

10 (2) CONCURRENT APPLICATIONS.—An eligible 

11 entity may submit concurrent applications for both 

12 types of grants described in subsection (b), provided 

13 that the eligible entity demonstrates how use of a 

14 grant awarded under subsection (b)(2) will be con15 sistent with the qualified climate action plan to be 

16 developed using a grant awarded under subsection 

17 (b)(1). 

18 (d) PROHIBITED USE.—An eligible entity may not 

19 use a grant awarded under subsection (b)(2) to purchase 

20 fully automated cargo-handling equipment or terminal in21 frastructure that is designed for fully automated cargo22 handling equipment. 

23 (e) COST SHARE.—An eligible entity may not use a 

24 grant awarded under subsection (b)(2) to cover more than 


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1 80 percent of the cost of purchasing, installing, or utilizing 

2 zero-emissions port equipment and technology. 

3 (f) LABOR.— 

4 (1) WAGES.—All laborers and mechanics em5 ployed by a subgrantee of an eligible entity, and any 

6 subgrantee thereof at any tier, to perform construc7 tion, alteration, installation, or repair work that is 

8 assisted, in whole or in part, by a grant awarded 

9 under this section shall be paid wages at rates not 

10 less than those prevailing on similar construction, al11 teration, installation, or repair work in the locality 

12 as determined by the Secretary of Labor in accord13 ance with subchapter IV of chapter 31 of title 40, 

14 United States Code. 

15 (2) LABOR STANDARDS.—With respect to the 

16 labor standards in paragraph (1), the Secretary of 

17 Labor shall have the authority and functions set 

18 forth in Reorganization Plan Numbered 14 of 1950 

19 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

20 title 40, United States Code. 

21 (3) PROJECT LABOR AGREEMENT.—Any 

22 projects initiated using a grant under subsection 

23 (b)(2) with total capital costs of $1,000,000 or 

24 greater shall utilize a project labor agreement, as deVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 scribed in section 8(f) of the National Labor Rela2 tions Act (29 U.S.C. 158(f)). 

3 (4) PROTECTIONS.—An eligible entity may not 

4 extend use of a grant provided under this subtitle to 

5 a subgrantee of the eligible entity, and any sub6 grantee thereof at any tier, to perform construction, 

7 alteration, installation, or repair work at any loca8 tion other than the port or ports involved. 

9 (g) PRIORITY.—The Administrator shall prioritize 

10 awarding grants under subsection (b)(2) to eligible entities 

11 based on the following: 

12 (1) The degree to which the eligible entity pro13 poses to reduce— 

14 (A) the amount of greenhouse gases emit15 ted at a port; 

16 (B) the amount of criteria pollutants, in17 cluding any precursor thereof, emitted at a 

18 port; 

19 (C) the amount of hazardous air pollutants 

20 emitted at a port; and 

21 (D) health disparities in environmental jus22 tice communities near a port. 

23 (2) The degree to which the eligible entity— 

24 (A) takes a regional approach, as applica25 ble, to reducing greenhouse gas emissions by 


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1 collaborating efforts with other ports and local 

2 electric utility owners and operators; 

3 (B) with respect to use of the grant, pro4 poses to enable increased electrification of infra5 structure or operations at the port or ports in6 volved; and 

7 (C) proposes to use equipment and tech8 nology that is produced in the United States. 

9 (3) The degree to which the eligible entity, any 

10 subgrantee of such eligible entity, and any sub11 grantee thereof proposes to hire individuals to carry 

12 out the installation of zero-emissions port equipment 

13 and technology who— 

14 (A) are domiciled— 

15 (i) if the applicable installation area is 

16 a major urban area, not further than 15 

17 miles from such installation area; and 

18 (ii) if the applicable installation area 

19 is not a major urban area, not further 

20 than 50 miles from such installation area; 

21 (B) are displaced and unemployed energy 

22 workers; 

23 (C) are members of the Armed Forces 

24 serving on active duty, separated from active 

25 duty, or retired from active duty; 


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1 (D) have been incarcerated or served time 

2 in a juvenile or adult detention or correctional 

3 facility, or been placed on probation, community 

4 supervision, or in a diversion scheme; 

5 (E) have a disability; 

6 (F) are homeless; 

7 (G) are receiving public assistance; 

8 (H) lack a general education diploma or 

9 high school diploma; 

10 (I) are emancipated from the foster care 

11 system; or 

12 (J) are registered apprentices with fewer 

13 than 15 percent of the required graduating ap14 prentice hours in a program. 

15 (h) OUTREACH.—Not later than 90 days after the 

16 date on which funds are made available to carry out this 

17 section, the Administrator shall develop and carry out an 

18 educational outreach program to promote and explain the 

19 program established under this subtitle. 

20 (i) REPORTS.— 

21 (1) REPORT TO ADMINISTRATOR.—Not later 

22 than 90 days after receipt of a grant awarded under 

23 subsection (b), and thereafter on a periodic basis to 

24 be determined by the Administrator, the grantee 

25 shall submit to the Administrator a report on the 


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1 progress of the grantee in carrying out measures 

2 funded through the grant. 

3 (2) ANNUAL REPORT TO CONGRESS.—Not later 

4 than 1 year after the establishment of the program 

5 in subsection (a), and annually thereafter, the Ad6 ministrator shall submit to Congress and make 

7 available on the public website of the Environmental 

8 Protection Agency a report that includes, with re9 spect to each grant awarded under this section dur10 ing the preceding calendar year— 

11 (A) the name and location of the eligible 

12 entity that was awarded such grant; 

13 (B) the amount of such grant that the eli14 gible entity was awarded; 

15 (C) the name and location of each port 

16 where measures are carried out; 

17 (D) an estimate of the impact of measures 

18 on reducing— 

19 (i) the amount of greenhouse gases 

20 emitted at each port; 

21 (ii) the amount of criteria pollutants, 

22 including any precursors thereof, emitted 

23 at each port; 

24 (iii) the amount of hazardous air pol25 lutants emitted at each port; and 


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1 (iv) health disparities in near-port 

2 communities; and 

3 (E) any other information the Adminis4 trator determines necessary to understand the 

5 impact of grants awarded under this subsection. 

6 SEC. 453. MODEL METHODOLOGIES. 

7 The Administrator shall— 

8 (1) develop model methodologies that may be 

9 used by an eligible entity in developing emissions ac10 counting and inventory practices for a qualified cli11 mate action plan; and 

12 (2) ensure that such methodologies are designed 

13 to measure progress in reducing air pollution in 

14 near-port communities. 

15 SEC. 454. PORT ELECTRIFICATION. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of enactment of this Act, the Administrator, in con18 sultation with the Secretary of Energy, shall initiate a 

19 study to evaluate— 

20 (1) how ports, intermodal port transfer facili21 ties, and surrounding communities may benefit from 

22 increased electrification of port infrastructure or op23 erations; 


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1 (2) the effects of increased electrification of 

2 port infrastructure and operations on air quality and 

3 energy demand; 

4 (3) the scale of investment needed to increase 

5 and maintain electrification of port infrastructure 

6 and operations, including an assessment of ports 

7 where zero-emissions port equipment and technology 

8 have already been installed or utilized; 

9 (4) how emerging technologies and strategies 

10 may be used to increase port electrification; and 

11 (5) how ports and intermodal port transfer fa12 cilities can partner with electric utility owners and 

13 operators and electrical equipment providers to 

14 strengthen the reliability and resiliency of the elec15 tric transmission and distribution system, in order 

16 to enable greater deployment of zero-emissions port 

17 equipment and technology. 

18 (b) REPORT.—Not later than 1 year after initiating 

19 the study under subsection (a), the Administrator shall 

20 submit to Congress and make available on the public 

21 website of the Environmental Protection Agency a report 

22 that describes the results of the study. 

23 SEC. 455. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—There is authorized to be appro25 priated to carry out this subtitle $2,000,000,000 for each 


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1 of fiscal years 2022 through 2031, to remain available 

2 until expended. 

3 (b) DEVELOPMENT OF QUALIFIED CLIMATE ACTION

4 PLANS.—In addition to the authorization of appropria5 tions in subsection (a), there is authorized to be appro6 priated to carry out section 452(b)(1) $50,000,000 for fis7 cal year 2022, to remain available until expended. 

8 (c) NONATTAINMENT AREAS.—To the extent prac9 ticable, at least 25 percent of amounts made available to 

10 carry out this subtitle in each fiscal year shall be used 

11 to award grants under section 452(b)(2) to eligible entities 

12 to carry out measures at ports that are in a nonattainment 

13 area. 

14 TITLE V—INDUSTRY 

15 Subtitle A—Industrial Technology 

16 Development, Demonstration, 

17 and Deployment 

18 SEC. 501. DOE ASSISTANT SECRETARY FOR MANUFAC19 TURING AND INDUSTRY. 

20 Section 203(a) of the Department of Energy Organi21 zation Act (42 U.S.C. 7133(a)) is amended— 

22 (1) by striking ‘‘8 Assistant Secretaries’’ and 

23 inserting ‘‘9 Assistant Secretaries’’; and 

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


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1 ‘‘(12) Manufacturing and industrial 

2 decarbonization responsibilities, including— 

3 ‘‘(A) conducting research, development, 

4 demonstration, deployment, commercialization, 

5 and technical assistance programs related to in6 dustrial applications of energy efficiency, energy 

7 management systems, fuel switching, carbon 

8 capture, and carbon removal technologies; 

9 ‘‘(B) promoting increased domestic manu10 facturing production of energy-related tech11 nologies; 

12 ‘‘(C) promoting adoption of low-carbon 

13 processes, technologies, and materials by do14 mestic manufacturers; and 

15 ‘‘(D) promoting other activities resulting in 

16 pollution abatement from industrial facilities 

17 and processes while promoting the manufac18 turing competitiveness of the United States.’’. 

19 SEC. 502. SUPPORTING CARBON DIOXIDE GEOLOGIC SE20 QUESTRATION. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—For ac22 tivities involved in the permitting by the Administrator of 

23 the Environmental Protection Agency of Class VI wells for 

24 the injection of carbon dioxide for the purpose of geologic 

25 sequestration in accordance with the requirements of the 


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1 Safe Drinking Water Act (42 U.S.C. 300f et seq.) and 

2 regulations promulgated thereunder by the Administrator 

3 on December 10, 2010 (75 Fed. Reg. 77230), there are 

4 authorized to be appropriated $5,000,000 for each of fis5 cal years 2022 through 2026, and such sums as may be 

6 necessary for fiscal years 2027 through 2031. 

7 (b) STATE PERMITTING PROGRAMS.— 

8 (1) GRANTS.—The Administrator shall provide 

9 grants to States that receive program approval for 

10 permitting Class VI wells for the injection of carbon 

11 dioxide pursuant to section 1422 of the Safe Drink12 ing Water Act (42 U.S.C. 300h–1), for the purpose 

13 of defraying State expenses related to the establish14 ment and operation of such State permitting pro15 grams. 

16 (2) AUTHORIZATION OF APPROPRIATIONS.—For 

17 State grants described in paragraph (1), there are 

18 authorized to be appropriated $50,000,000 for the 

19 period of fiscal years 2022 through 2026, and such 

20 sums as may be necessary for fiscal years 2027 

21 through 2031. 


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1 SEC. 503. DETERMINING REASONABLE PROSPECT OF RE2 PAYMENT UNDER TITLE XVII LOAN PRO3 GRAM. 

4 Section 1702(d)(1) of the Energy Policy Act of 2005 

5 (42 U.S.C. 16512(d)(1)) is amended— 

6 (1) by striking ‘‘No guarantee’’ and inserting 

7 the following: 

8 ‘‘(A) REQUIREMENT.—No guarantee’’; and 

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

10 ‘‘(B) REASONABLE PROSPECT OF REPAY11 MENT.—The Secretary shall base a determina12 tion of whether there is reasonable prospect of 

13 repayment under subparagraph (A) on a com14 prehensive evaluation of whether the borrower 

15 has a reasonable prospect of repaying the guar16 anteed obligation for the eligible project, includ17 ing evaluation of— 

18 ‘‘(i) the strength of an eligible 

19 project’s contractual terms (if commer20 cially reasonably available); 

21 ‘‘(ii) the forecast of noncontractual 

22 cash flows supported by market projections 

23 from reputable sources, as determined by 

24 the Secretary; 

25 ‘‘(iii) cash sweeps and other structure 

26 enhancements; 


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1 ‘‘(iv) the projected financial strength 

2 of the borrower— 

3 ‘‘(I) at the time of loan close; 

4 and 

5 ‘‘(II) throughout the loan term 

6 after the project is completed; 

7 ‘‘(v) the financial strength of the bor8 rower’s investors and strategic partners, if 

9 applicable; and 

10 ‘‘(vi) other financial metrics and anal11 yses that are relied upon by the private 

12 lending community and nationally recog13 nized credit rating agencies, as determined 

14 appropriate by the Secretary.’’. 

15 SEC. 504. CLEAN ENERGY MANUFACTURING GRANT PRO16 GRAM. 

17 (a) ESTABLISHMENT OF PROGRAM.—Not later than 

18 180 days after the date of enactment of this Act, the Sec19 retary shall establish a program to award grants in ac20 cordance with this section. 

21 (b) GRANTS TO MANUFACTURERS.— 

22 (1) GRANTS.—In carrying out the program es23 tablished under subsection (a), the Secretary shall, 

24 subject to the availability of appropriations, award 

25 grants to manufacturers— 


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1 (A) for projects to reequip, expand, or es2 tablish a facility for the manufacture of clean 

3 energy systems, or for the manufacture of com4 ponents of clean energy systems, including the 

5 manufacture of— 

6 (i) renewable energy technologies; 

7 (ii) energy storage technologies; 

8 (iii) advanced nuclear energy tech9 nologies; 

10 (iv) carbon capture, utilization, trans11 portation, and storage technologies, includ12 ing direct air capture systems, direct ocean 

13 capture systems, bio-energy systems with 

14 carbon capture and storage, and systems 

15 intended to capture biogas and greenhouse 

16 gas emissions from wastewater treatment 

17 plants and agricultural applications; 

18 (v) electric grid technologies, including 

19 smart grid technologies, microgrid tech20 nologies, advanced transmission tech21 nologies, building-to-grid technologies, and 

22 vehicle-to-grid technologies; 

23 (vi) efficient end-use energy tech24 nologies, including Energy Star products 


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1 and energy-conserving lighting tech2 nologies; 

3 (vii) electrolyzers; 

4 (viii) hydrogen fuel cells and other 

5 technologies related to the transportation, 

6 storage, delivery, and use of hydrogen, in7 cluding technologies for residential, com8 mercial, industrial, and transportation ap9 plications; 

10 (ix) zero-emission light-, medium-, 

11 and heavy-duty vehicles, components of 

12 such vehicles, and refueling equipment for 

13 such vehicles; 

14 (x) industrial energy efficiency tech15 nologies, including combined heat and 

16 power systems and waste heat to power 

17 systems; 

18 (xi) pollution control equipment; and 

19 (xii) other technologies that reduce 

20 greenhouse gas emissions, as determined 

21 appropriate by the Secretary; 

22 (B) for projects to install, retrofit, or con23 vert equipment for a facility, or to otherwise es24 tablish, retrofit, or convert a facility, to enable 

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1 sion energy-intensive industrial products, in2 cluding projects relating to the installation, ret3 rofit, or conversion of— 

4 (i) industrial energy efficiency tech5 nologies; 

6 (ii) carbon capture systems; 

7 (iii) equipment and infrastructure to 

8 enable fuel or feedstock switching to elec9 tricity or hydrogen; and 

10 (iv) equipment to enable production of 

11 materials and products containing a high 

12 percentage of recycled content; and 

13 (C) for front end engineering design stud14 ies, as determined appropriate by the Secretary, 

15 for projects described in subparagraph (B). 

16 (2) PRIORITY OF APPLICATIONS.—In awarding 

17 grants under this subsection, the Secretary shall give 

18 priority to projects that— 

19 (A) provide the greatest potential net im20 pact in avoiding or reducing greenhouse gas 

21 emissions and other air, land, and water pollut22 ants; 

23 (B) include the refurbishment or retooling 

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1 eration or will cease operation in the near fu2 ture; 

3 (C) provide the greatest potential for do4 mestic job creation (both direct and indirect); 

5 (D) have the greatest potential for techno6 logical innovation and commercial deployment; 

7 (E) have the greatest potential to strength8 en or develop domestic supply chains for clean 

9 energy systems; 

10 (F) result in economic development or eco11 nomic diversification in regions or localities that 

12 have historically generated significant economic 

13 activity from the production, processing, trans14 portation, or combustion of fossil fuels, includ15 ing coal mines, fossil fuel-fired electricity gener16 ating units, and petroleum refining facilities; 

17 (G) promote environmental justice in com18 munities with significant representation of com19 munities of color, low-income communities, or 

20 Tribal and indigenous communities, or commu21 nities that experience, or are at risk of experi22 encing, higher or more adverse human health or 

23 environmental effects, including through reme24 diation of contaminated sites; or 


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1 (H) commit to hiring displaced workers in 

2 regions or localities described in subparagraph 

3 (F). 

4 (3) LABOR STANDARDS.—The Secretary shall 

5 require— 

6 (A) all laborers and mechanics employed 

7 by contractors or subcontractors in carrying out 

8 a project for the construction, alteration, retool9 ing, or repair of a facility that is financed by 

10 a grant under this subsection shall be paid 

11 wages at rates not less than those prevailing on 

12 similar construction in the locality, as deter13 mined by the Secretary of Labor in accordance 

14 with sections 3141 through 3144, 3146, and 

15 3147 of title 40, United States Code; 

16 (B) a disclosure by an applicant for a 

17 grant under this subsection of any administra18 tive merits determination, arbitral award or de19 cision, or civil judgment, as defined in guidance 

20 issued by the Secretary of Labor, rendered 

21 against the applicant in the preceding 3 years 

22 for violations of applicable labor, employment, 

23 civil rights, or health and safety laws; 

24 (C) an applicant for a grant under this 

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1 garding the actions the applicant will take to 

2 demonstrate compliance with, and where pos3 sible exceedance of, requirements under applica4 ble labor, employment, civil rights, and health 

5 and safety laws, and actions the applicant will 

6 take to ensure that its direct suppliers dem7 onstrate compliance with applicable labor, em8 ployment, civil rights, and health and safety 

9 laws; and 

10 (D) an applicant for a grant under this 

11 subsection to provide an estimate and descrip12 tion of the jobs and types of jobs to be retained 

13 or created by the project proposed by the appli14 cant and the specific actions the applicant will 

15 take to increase employment and retention of 

16 dislocated workers, veterans, individuals from 

17 low-income communities, women, minorities, 

18 and other groups underrepresented in manufac19 turing, and individuals with a barrier to em20 ployment. 

21 (4) COST SHARE.— 

22 (A) IN GENERAL.—Section 988(c) of the 

23 Energy Policy Act of 2005 (42 U.S.C. 

24 16352(c)) shall apply to a grant made under 

25 this subsection. 


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1 (B) CERTAIN REGIONS AND LOCALITIES.— 

2 Notwithstanding subparagraph (A), the Sec3 retary may require, for a project that is funded 

4 by a grant under this section and that is lo5 cated in a region or locality described in sub6 section (b)(2)(F), that not less than 20 percent 

7 of the cost of the project be provided by a non8 Federal source. 

9 (c) COORDINATION WITH STATE AND LOCAL PRO10 GRAMS.—The Secretary shall coordinate implementation 

11 of the program established under subsection (a) with pro12 grams administered by State governments, local govern13 ments, and Indian Tribes designed to provide financial 

14 and technical assistance to manufacturers, including the 

15 retention and retraining of skilled workers. 

16 (d) INTRA-AGENCY COORDINATION.—In carrying out 

17 the program established under subsection (a), to the ex18 tent consistent with applicable law, the Secretary shall col19 laborate, coordinate, and share information with relevant 

20 programs and offices within the Department of Energy. 

21 (e) DEFINITIONS.—In this section: 

22 (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

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

24 Indian Self-Determination and Education Assistance 

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


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

2 the Secretary of Energy. 

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

4 the District of Columbia, Puerto Rico, or any terri5 tory or possession of the United States. 

6 (4) ZERO- OR LOW-EMISSION ENERGY-INTEN7 SIVE INDUSTRIAL PRODUCT.—The term ‘‘zero- or 

8 low-emission energy-intensive industrial product’’ 

9 means a product— 

10 (A) the production of which results in sig11 nificantly less greenhouse gas emissions relative 

12 to the production of similar products, as deter13 mined by the Secretary; and 

14 (B) that is in one of the following manu15 facturing categories, as determined by the Sec16 retary: 

17 (i) Aluminum and other non-ferrous 

18 metals. 

19 (ii) Ammonia and fertilizer. 

20 (iii) Cement and concrete. 

21 (iv) Ceramics. 

22 (v) Chemicals and petrochemicals. 

23 (vi) Food processing. 

24 (vii) Glass. 

25 (viii) Hydrogen. 


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1 (ix) Iron and steel. 

2 (x) Pulp and paper. 

3 (xi) A manufacturing subsector deter4 mined by the Secretary to be energy-inten5 sive or difficult-to-decarbonize. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary to carry 

8 out this section $10,000,000,000, to remain available until 

9 expended. 

10 Subtitle B—Industrial Efficiency 

11 SEC. 511. SMART MANUFACTURING LEADERSHIP. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ENERGY MANAGEMENT SYSTEM.—The term 

14 ‘‘energy management system’’ means a business 

15 management process based on standards of the 

16 American National Standards Institute that enables 

17 an organization to follow a systematic approach in 

18 achieving continual improvement of energy perform19 ance, including energy efficiency, security, use, and 

20 consumption. 

21 (2) INDUSTRIAL ASSESSMENT CENTER.—The 

22 term ‘‘industrial assessment center’’ means a center 

23 located at an institution of higher education that— 

24 (A) receives funding from the Department 

25 of Energy; 


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1 (B) provides an in-depth assessment of 

2 small- and medium-sized manufacturer plant 

3 sites to evaluate the facilities, services, and 

4 manufacturing operations of the plant site; and 

5 (C) identifies opportunities for potential 

6 savings for small- and medium-sized manufac7 turer plant sites from energy efficiency improve8 ments, waste minimization, pollution preven9 tion, and productivity improvement. 

10 (3) INFORMATION AND COMMUNICATION TECH11 NOLOGY.—The term ‘‘information and communica12 tion technology’’ means any electronic system or 

13 equipment (including the content contained in the 

14 system or equipment) used to create, convert, com15 municate, or duplicate data or information, including 

16 computer hardware, firmware, software, communica17 tion protocols, networks, and data interfaces. 

18 (4) INSTITUTION OF HIGHER EDUCATION.—The 

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

20 meaning given the term in section 101(a) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

22 (5) NATIONAL LABORATORY.—The term ‘‘Na23 tional Laboratory’’ has the meaning given the term 

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

25 U.S.C. 15801). 


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1 (6) NORTH AMERICAN INDUSTRY CLASSIFICA2 TION SYSTEM.—The term ‘‘North American Indus3 try Classification System’’ means the standard used 

4 by Federal statistical agencies in classifying business 

5 establishments for the purpose of collecting, ana6 lyzing, and publishing statistical data relating to the 

7 business economy of the United States. 

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

9 the Secretary of Energy. 

10 (8) SMALL AND MEDIUM MANUFACTURERS.— 

11 The term ‘‘small and medium manufacturers’’ 

12 means manufacturing firms— 

13 (A) classified in the North American In14 dustry Classification System as any of sectors 

15 31 through 33; 

16 (B) with gross annual sales of less than 

17 $100,000,000; 

18 (C) with fewer than 500 employees at the 

19 plant site; and 

20 (D) with annual energy bills totaling more 

21 than $100,000 and less than $2,500,000. 

22 (9) SMART MANUFACTURING.—The term 

23 ‘‘smart manufacturing’’ means advanced tech24 nologies in information, automation, monitoring, 


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1 computation, sensing, modeling, and networking 

2 that— 

3 (A) digitally— 

4 (i) simulate manufacturing production 

5 lines; 

6 (ii) operate computer-controlled man7 ufacturing equipment; 

8 (iii) monitor and communicate pro9 duction line status; and 

10 (iv) manage and optimize energy pro11 ductivity and cost throughout production; 

12 (B) model, simulate, and optimize the en13 ergy efficiency of a factory building; 

14 (C) monitor and optimize building energy 

15 performance; 

16 (D) model, simulate, and optimize the de17 sign of energy efficient and sustainable prod18 ucts, including the use of digital prototyping 

19 and additive manufacturing to enhance product 

20 design; 

21 (E) connect manufactured products in net22 works to monitor and optimize the performance 

23 of the networks, including automated network 

24 operations; and 


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1 (F) digitally connect the supply chain net2 work. 

3 (b) LEVERAGING EXISTING AGENCY PROGRAMS TO

4 ASSIST SMALL AND MEDIUM MANUFACTURERS.— 

5 (1) FINDINGS.—Congress finds that— 

6 (A) the Department of Energy has existing 

7 technical assistance programs that facilitate 

8 greater economic growth through outreach to 

9 and engagement with small and medium manu10 facturers; 

11 (B) those technical assistance programs 

12 represent an important conduit for increasing 

13 the awareness of and providing education to 

14 small and medium manufacturers regarding the 

15 opportunities for implementing smart manufac16 turing; and 

17 (C) those technical assistance programs 

18 help facilitate the implementation of best prac19 tices. 

20 (2) EXPANSION OF TECHNICAL ASSISTANCE

21 PROGRAMS.—The Secretary shall expand the scope 

22 of technologies covered by the Industrial Assessment 

23 Centers of the Department of Energy— 

24 (A) to include smart manufacturing tech25 nologies and practices; and 


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1 (B) to equip the directors of the Industrial 

2 Assessment Centers with the training and tools 

3 necessary to provide technical assistance in 

4 smart manufacturing technologies and prac5 tices, including energy management systems, to 

6 manufacturers. 

7 (c) LEVERAGING SMART MANUFACTURING INFRA8 STRUCTURE AT NATIONAL LABORATORIES.— 

9 (1) STUDY.— 

10 (A) IN GENERAL.—Not later than 180 

11 days after the date of enactment of this Act, 

12 the Secretary shall conduct a study on how the 

13 Department of Energy can increase access to 

14 existing high-performance computing resources 

15 in the National Laboratories, particularly for 

16 small and medium manufacturers. 

17 (B) INCLUSIONS.—In identifying ways to 

18 increase access to National Laboratories under 

19 subparagraph (A), the Secretary shall— 

20 (i) focus on increasing access to the 

21 computing facilities of the National Lab22 oratories; and 

23 (ii) ensure that— 

24 (I) the information from the 

25 manufacturer is protected; and 


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1 (II) the security of the National 

2 Laboratory facility is maintained. 

3 (C) REPORT.—Not later than 1 year after 

4 the date of enactment of this Act, the Secretary 

5 shall submit to Congress a report describing the 

6 results of the study. 

7 (2) ACTIONS FOR INCREASED ACCESS.—The 

8 Secretary shall facilitate access to the National Lab9 oratories studied under paragraph (1) for small and 

10 medium manufacturers so that small and medium 

11 manufacturers can fully use the high-performance 

12 computing resources of the National Laboratories to 

13 enhance the manufacturing competitiveness of the 

14 United States. 

15 (d) STATE LEADERSHIP GRANTS.— 

16 (1) FINDING.—Congress finds that the 

17 States— 

18 (A) are committed to promoting domestic 

19 manufacturing and supporting robust economic 

20 development activities; and 

21 (B) are uniquely positioned to assist manu22 facturers, particularly small and medium manu23 facturers, with deployment of smart manufac24 turing through the provision of infrastructure, 

25 including— 


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1 (i) access to shared supercomputing 

2 facilities; 

3 (ii) assistance in developing process 

4 simulations; and 

5 (iii) conducting demonstrations of the 

6 benefits of smart manufacturing. 

7 (2) GRANTS AUTHORIZED.—The Secretary may 

8 make grants on a competitive basis to States for es9 tablishing State programs to be used as models for 

10 supporting the implementation of smart manufac11 turing technologies. 

12 (3) APPLICATION.— 

13 (A) IN GENERAL.—To be eligible to receive 

14 a grant under this subsection, a State shall sub15 mit to the Secretary an application at such 

16 time, in such manner, and containing such in17 formation as the Secretary may require. 

18 (B) CRITERIA.—The Secretary shall evalu19 ate an application for a grant under this sub20 section on the basis of merit using criteria iden21 tified by the Secretary, including— 

22 (i) the breadth of academic and pri23 vate sector partners; 

24 (ii) alternate sources of funding; 


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1 (iii) plans for dissemination of results; 

2 and 

3 (iv) the permanence of the infrastruc4 ture to be put in place by the project. 

5 (4) REQUIREMENTS.— 

6 (A) TERM.—The term of a grant under 

7 this subsection shall not exceed 3 years. 

8 (B) MAXIMUM AMOUNT.—The amount of a 

9 grant under this subsection shall be not more 

10 than $3,000,000. 

11 (C) MATCHING REQUIREMENT.—Each 

12 State that receives a grant under this sub13 section shall contribute matching funds in an 

14 amount equal to not less than 30 percent of the 

15 amount of the grant. 

16 (5) USE OF FUNDS.—A State shall use a grant 

17 provided under this subsection— 

18 (A) to provide access to shared supercom19 puting facilities to small and medium manufac20 turers; 

21 (B) to fund research and development of 

22 transformational manufacturing processes and 

23 materials technology that advance smart manu24 facturing; and 


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1 (C) to provide tools and training to small 

2 and medium manufacturers on how to adopt en3 ergy management systems and implement smart 

4 manufacturing technologies in the facilities of 

5 the small and medium manufacturers. 

6 (6) EVALUATION.—The Secretary shall conduct 

7 biannual evaluations of each grant made under this 

8 subsection— 

9 (A) to determine the impact and effective10 ness of programs funded with the grant; and 

11 (B) to provide guidance to States on ways 

12 to better execute the program of the State. 

13 (7) FUNDING.—There is authorized to be ap14 propriated to the Secretary to carry out this sub15 section $10,000,000 for each of fiscal years 2022 

16 through 2031. 

17 (e) REPORT.—The Secretary annually shall submit to 

18 Congress and make publicly available a report on the 

19 progress made in advancing smart manufacturing in the 

20 United States. 

21 Subtitle C—Federal Buy Clean 

22 Program 

23 SEC. 521. DEFINITIONS. 

24 In this subtitle: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) ELIGIBLE MATERIAL.—The term ‘‘eligible 

5 material’’ means any material (or groups of mate6 rials) on the list in effect under section 522(b). 

7 (3) EMBODIED EMISSIONS.—The term ‘‘em8 bodied emissions’’ means the quantity of greenhouse 

9 gas emissions, measured in kilograms of carbon di10 oxide-equivalent, accounting for all stages of produc11 tion including upstream processing and extraction of 

12 fuels and feedstocks, emitted to the atmosphere due 

13 to the production of a product per unit of such prod14 uct. 

15 (4) ENVIRONMENTAL PRODUCT DECLARA16 TION.—The term ‘‘environmental product declara17 tion’’ means a document that includes— 

18 (A) product-specific measurement of the 

19 embodied emissions of a product on a mass 

20 basis and per functional unit that— 

21 (i) is in accordance with international 

22 standards, such as a Type III environ23 mental product declaration, as defined by 

24 the International Organization for Stand25 ardization standard 14025; 


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1 (ii) is calculated for a specific facility; 

2 (iii) communicates transparent and 

3 comparable information; 

4 (iv) includes all stages of manufac5 turing required by the product; 

6 (v) is verified by an independent third 

7 party; and 

8 (vi) is developed in accordance with 

9 the criteria specified in the appropriate 

10 product category rule designated by the 

11 Administration under section 522(c); and 

12 (B) is valid for no more than 5 years. 

13 (5) FEDERAL CONTRACTING AGENCY.—The 

14 term ‘‘Federal contracting agency’’ means— 

15 (A) the Department of Defense, including 

16 the Army Corps of Engineers; 

17 (B) the Department of Energy; 

18 (C) the Department of Transportation; 

19 (D) the Department of Commerce; 

20 (E) the Environmental Protection Agency; 

21 (F) the General Services Administration; 

22 and 

23 (G) the Department of Veterans Affairs. 


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1 (6) FUNCTIONAL UNIT.—The term ‘‘functional 

2 unit’’ means the measurement of the function of a 

3 product that— 

4 (A) is in accordance with international 

5 standards, such as a Type III environmental 

6 product declaration, as defined by the Inter7 national Organization for Standardization 

8 standard 14025; and 

9 (B) is a quantified description of the func10 tion a product performs, including for how long 

11 it is performed. 

12 (7) PRODUCT CATEGORY RULE.—The term 

13 ‘‘product category rule’’ means a document that de14 fines necessary rules, requirements, and guidelines 

15 for developing an environmental product declaration, 

16 or similar mechanism as determined appropriate by 

17 the Administrator, of a product covered by such 

18 product category rule. 

19 (8) SMALL BUSINESS.—The term ‘‘small busi20 ness’’ means an entity that generated less than 

21 $10,000,000 in annual revenue in at least 1 of the 

22 previous 3 calendar years. 

23 SEC. 522. EMBODIED EMISSIONS TRANSPARENCY. 

24 (a) IN GENERAL.—Not later than 180 days after the 

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1 tion with the Secretary of Energy, the Director of the Na2 tional Institute of Standards and Technology, and relevant 

3 National Laboratories, shall establish a program to en4 hance the transparency, quality, and availability of life5 cycle assessment data, and harmonize life-cycle assess6 ment approaches to calculating greenhouse gas emissions 

7 and other environmental factors, in the production of 

8 products made primarily of eligible materials through en9 vironmental product declarations or a similar mechanism 

10 as determined appropriate by the Administrator. 

11 (b) LIST OF ELIGIBLE MATERIALS.— 

12 (1) IN GENERAL.—The Administrator shall 

13 maintain a list of materials to be treated as eligible 

14 materials for purposes of this subtitle. 

15 (2) INITIAL LIST.—The initial list of eligible 

16 materials shall include— 

17 (A) aluminum; 

18 (B) iron; 

19 (C) steel; 

20 (D) concrete; 

21 (E) cement; and 

22 (F) any eligible material described in para23 graph (3) the Administrator determines is ap24 propriate. 


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1 (3) SECONDARY LIST.—The secondary list of el2 igible materials shall include— 

3 (A) flat glass; 

4 (B) insulation; 

5 (C) unit masonry; and 

6 (D) wood products. 

7 (4) MODIFICATION OF LIST.— 

8 (A) PETITION.—Beginning 2 years after 

9 the date of enactment of this subtitle, any per10 son may submit to the Administrator a petition 

11 to modify the list of eligible materials main12 tained under this subsection. 

13 (B) DEADLINE.—Not later than 1 year 

14 after receipt of a petition under subparagraph 

15 (A), the Administrator shall— 

16 (i) approve the petition and modify 

17 the list maintained under this subsection in 

18 accordance with such petition; or 

19 (ii) deny the petition and publish a 

20 written explanation of the Administrator’s 

21 decision to approve or deny the petition. 

22 (c) PRODUCT CATEGORY RULE DESIGNATIONS.— 

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

24 consultation with the Secretary of Energy, the Di25 rector of the National Institute of Standards and 


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1 Technology, and relevant National Laboratories, des2 ignate product category rules for products made pri3 marily of eligible materials to be used in the creation 

4 of environmental product declarations, or a similar 

5 mechanism as determined appropriate by the Admin6 istrator, for each product type covered by such prod7 uct category rules. In designating such product cat8 egory rules, the Administrator may designate sepa9 rate product category rules as appropriate based on 

10 class, type, and size of products. 

11 (2) TIMING.— 

12 (A) INITIAL DESIGNATIONS.—Not later 

13 than 6 months after the date of enactment of 

14 this subtitle, the Administrator shall designate 

15 product category rules for products made pri16 marily of eligible materials listed in subsection 

17 (b)(2) and used in construction. 

18 (B) SECONDARY DESIGNATIONS.—Not 

19 later than 1 year after the date of enactment of 

20 this subtitle, the Administrator shall designate 

21 product category rules for products made pri22 marily of eligible materials listed in subsection 

23 (b)(3) and used in construction. 


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1 (3) REQUIREMENTS.—In designating a product 

2 category rule for products made primarily of an eli3 gible material, the Administrator shall consider— 

4 (A) the uses, durability, lifetime, perform5 ance, and appropriate functional unit of a prod6 uct covered by such product category rule; 

7 (B) the stages of manufacturing required 

8 by a product covered by such product category 

9 rule; 

10 (C) the inclusion of imported products cov11 ered by such product category rule; and 

12 (D) the quality and harmonization of life13 cycle assessments of embodied emissions and 

14 other environmental factors, in the production 

15 of products covered by such product category 

16 rule. 

17 (4) PRODUCT CATEGORY RULES DEVELOPED BY

18 THIRD PARTIES.—In designating a product category 

19 rule under this subsection, the Administrator— 

20 (A) may designate a product category rule 

21 developed by a third party; or 

22 (B) may develop and designate a product 

23 category rule if the Administrator determines 

24 that for the products made primarily of an eli25 gible material— 


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1 (i) no such third party rule exists; or 

2 (ii) no such rule third party rule ex3 ists that is adequate. 

4 (5) UPDATES.— 

5 (A) IN GENERAL.—At least once every 5 

6 years after a product category rule is des7 ignated under this subsection, the Adminis8 trator shall review such product category rule, 

9 and after opportunity for notice and comment, 

10 update such product category rule as necessary. 

11 (B) PETITIONS.—Beginning 1 year after 

12 the designation of a product category rule 

13 under this subsection, any person may submit 

14 to the Administrator a petition to reconsider 

15 such designation based on— 

16 (i) advances in technology that create 

17 substantial changes to the production of 

18 products within a product category; or 

19 (ii) a misrepresentation or change of a 

20 product’s characteristics, methods of pro21 duction, or use. 

22 (d) NATIONAL ENVIRONMENTAL PRODUCT DEC23 LARATION DATABASE.— 

24 (1) ESTABLISHMENT.—Beginning not later 

25 than 9 months after the date of enactment of this 


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1 subtitle, the Administrator shall establish and main2 tain a publicly accessible database of environmental 

3 product declarations to be known as the National 

4 Environmental Product Declaration Database. 

5 (2) INCLUSION BY APPROPRIATE PRODUCT CAT6 EGORY RULE.—The Administrator shall include an 

7 environmental product declaration, including an en8 vironmental product declaration for an imported 

9 product, in the National Environmental Product 

10 Declaration Database only if the declaration is cre11 ated using the appropriate product category rule 

12 designated under subsection (c). 

13 (3) REMOVAL.—The Administrator shall imme14 diately remove an environmental product declaration, 

15 including an environmental product declaration for 

16 an imported product, from the National Environ17 mental Product Declaration Database if the declara18 tion does not use the appropriate product category 

19 rule designated under subsection (c), is unverified by 

20 a third party, or is otherwise found to be inad21 equate, as determined by the Administrator. 

22 (e) ENVIRONMENTAL PRODUCT DECLARATION AS23 SISTANCE.— 

24 (1) TECHNICAL ASSISTANCE PROGRAM.—The 

25 Administrator shall establish a program to provide 


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1 technical assistance to manufacturers of eligible ma2 terials to develop and verify environmental product 

3 declarations. 

4 (2) GRANTS TO SMALL BUSINESSES.— 

5 (A) IN GENERAL.—Not later than 9 

6 months after the date of enactment of this sub7 title, the Administrator shall establish a grant 

8 program to provide financial assistance for the 

9 development and verification of environmental 

10 product declarations subject to the appropriate 

11 product category rules designated in subsection 

12 (c) for small businesses that manufacture eligi13 ble materials or products primarily made of eli14 gible materials in the United States. 

15 (B) LIMITATIONS.—No small business 

16 shall receive more than $100,000 under such 

17 program during any 5-year period. 

18 (C) COMMITMENT TO SUBMIT ENVIRON19 MENTAL PRODUCT DECLARATIONS.—Any small 

20 business receiving financial assistance under 

21 this paragraph shall submit any environmental 

22 product declaration developed and verified with 

23 such financial assistance to the National Envi24 ronmental Product Declaration Database estab25 lished under subsection (d). 


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1 (3) OUTREACH TO MANUFACTURERS.—The Ad2 ministrator shall conduct public outreach and edu3 cation to manufacturers about the National Environ4 mental Product Declaration Database established 

5 under subsection (d) and encourage submission of 

6 environmental product declarations created using the 

7 appropriate product category rule designated in sub8 section (c), to such database. 

9 (4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $25,000,000 for each of fiscal years 

12 2022 through 2031. 

13 (f) ENVIRONMENTAL PRODUCT DECLARATIONS AU14 DITS.—The Administrator shall conduct random audits of 

15 environmental product declarations submitted to the Na16 tional Environmental Product Declaration Database es17 tablished under subsection (d), and the practices of inde18 pendent third-party verifiers of such environmental prod19 uct declarations. At a minimum, the Administrator shall 

20 conduct audits each year for a representative sample of 

21 product categories and geographical areas, including envi22 ronmental product declarations of imported products. 

23 (g) INTERAGENCY CONSULTATION.—In carrying out 

24 the program established in this section, the Administrator 

25 shall consult and coordinate with relevant programs within 


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1 the Department of Energy, Department of Commerce, and 

2 other relevant agencies as determined by the Adminis3 trator. 

4 (h) PROGRAM REVIEW AND ASSESSMENT OF ENVI5 RONMENTAL PRODUCT DECLARATIONS.—Not later than 

6 5 years after the date of enactment of this subtitle, the 

7 Administrator, in consultation with other relevant agen8 cies as determined by the Administrator, shall conduct a 

9 review of the program established under this section. Such 

10 review— 

11 (1) shall— 

12 (A) include an assessment of the quality 

13 and efficacy of environmental product declara14 tions to account for the embodied emissions of 

15 a product, and consider alternative mechanisms 

16 or accounting methods that would enhance the 

17 transparency, quality, and availability of life18 cycle assessment data, and improve harmoni19 zation of life-cycle assessment approaches to 

20 calculating greenhouse gas and other environ21 mental factors, in the production of products 

22 containing eligible materials; and 

23 (B) provide an opportunity for public com24 ment on the review’s findings; and 

25 (2) may— 


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1 (A) include recommendations to enhance or 

2 harmonize accounting and reporting methods 

3 related to international life-cycle assessment 

4 standards of products containing eligible mate5 rials, including data verification and identifica6 tion of products’ country of origin for products 

7 produced outside of the United States; and 

8 (B) include recommendations to improve 

9 the evaluation of environmental factors, includ10 ing air, water, and land pollution, and other 

11 factors related to raw material extraction, 

12 transportation, manufacturing, use, and end of 

13 life, associated with products containing eligible 

14 materials. 

15 SEC. 523. REPORTS TO CONGRESS. 

16 (a) REPORT ON FEDERAL PROCUREMENT.—Not 

17 later than 1 year after the date of enactment of this sub18 title, the Administrator, in consultation with other Federal 

19 contracting agencies, shall submit to Congress a report 

20 that quantifies and evaluates, by agency, sector of expend21 iture, and product sector, the volume of eligible materials 

22 procured by the Federal Government, and the level of 

23 spending on such eligible materials. 

24 (b) REPORT ON MATERIAL EFFICIENCY.—Not later 

25 than 2 years after the date of enactment of this subtitle, 


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1 the Administrator, in consultation with the Department 

2 of Energy and other relevant agencies determined by the 

3 Administrator, shall submit to Congress and make pub4 licly available a report that includes a review of existing 

5 research on, and policy recommendations for, improving 

6 material efficiency of eligible materials. 

7 SEC. 524. ESTABLISHING BUY CLEAN STANDARDS FOR FED8 ERALLY FUNDED INFRASTRUCTURE 

9 PROJECTS. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of this subtitle, the Administrator and 

12 the Secretary of Energy, in coordination with relevant 

13 Federal agencies, shall develop a Federal Buy Clean pro14 gram to steadily reduce the quantity of embodied emis15 sions of construction materials and products, and promote 

16 the use of low-emissions construction materials and prod17 ucts, in projects involving Federal funds. 

18 (b) RELEVANT FEDERAL AGENCIES.—For purposes 

19 of subsection (a), relevant Federal agencies are— 

20 (1) the Department of Commerce; 

21 (2) the General Services Administration; 

22 (3) the Department of Defense, including the 

23 U.S. Army Corps of Engineers; 

24 (4) the Department of Transportation; 

25 (5) the Department of Agriculture; 


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1 (6) the Department of Veterans Affairs; and 

2 (7) any other Federal agency determined appro3 priate by the Administrator and the Secretary of 

4 Energy. 

5 (c) CONSIDERATIONS.—In developing a Federal Buy 

6 Clean program under this section, the Administrator and 

7 the Secretary of Energy, in coordination with relevant 

8 Federal agencies, shall consider— 

9 (1) inclusion of specific materials and product 

10 categories under such program; 

11 (2) the appropriate Federal agencies and 

12 project types to be covered by such program; 

13 (3) effective methods of developing, setting, and 

14 adjusting Buy Clean performance standards, includ15 ing consideration of— 

16 (A) differentiation between products, class17 es, types, sizes, functional uses, and other fac18 tors that may warrant distinction between prod19 uct categories; 

20 (B) which stages of production and use of 

21 materials and products should be covered by 

22 performance standards; 

23 (C) whether performance standards should 

24 be applied on a facility-specific basis, and for 

25 which product categories; 


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1 (D) appropriate and effective safeguards to 

2 ensure such performance standards do not re3 duce the international competitiveness of do4 mestic manufacturers; 

5 (E) issuance of waivers from performance 

6 standards, including factors for consideration to 

7 warrant a waiver; and 

8 (F) additional factors involving materials 

9 and products covered by such performance 

10 standards, including durability, safety, other 

11 performance characteristics, domestic content 

12 requirements, and cost; 

13 (4) methods to cover projects and contracts 

14 issued by State and local governments that involve 

15 Federal funding; 

16 (5) effective enforcement of Buy Clean perform17 ance standards, including verification and enforce18 ment of standards for imported products, and appro19 priate penalties for noncompliance; 

20 (6) timing and other factors to promote ease of 

21 implementation of such program; 

22 (7) the technical and financial assistance to 

23 manufacturers and State and local governments 

24 needed to support implementation of such program 

25 and to meet Buy Clean performance standards; 


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1 (8) promotion of novel technologies with the po2 tential to reduce embodied emissions of materials 

3 and products covered by such program; 

4 (9) the data collection and reporting require5 ments needed to implement and enforce such pro6 gram; and 

7 (10) harmonization with the program estab8 lished under section 522 and the program estab9 lished under section 324C of the Energy Policy and 

10 Conservation Act (as added by this Act). 

11 (d) STAKEHOLDER OUTREACH.—In carrying out 

12 subsection (a), the Administrator and the Secretary of En13 ergy shall solicit input from relevant stakeholders and or14 ganizations, including— 

15 (1) manufacturers of relevant construction ma16 terials and products; 

17 (2) labor organizations; 

18 (3) experts in greenhouse gas emissions lifecycle 

19 assessments; 

20 (4) experts in procurement; 

21 (5) experts in international trade; 

22 (6) State and local governments; and 

23 (7) developers of relevant codes and standards. 


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1 SEC. 525. CLIMATE STAR PROGRAM. 

2 (a) IN GENERAL.—The Energy Policy and Conserva3 tion Act is amended by inserting after section 324B (42 

4 U.S.C. 6294b) the following: 

5 ‘‘SEC. 324C. CLIMATE STAR PROGRAM. 

6 ‘‘(a) IN GENERAL.—There is established within the 

7 Environmental Protection Agency and the Department of 

8 Energy a voluntary program to identify and promote cer9 tain products produced with significantly lower embodied 

10 emissions than comparable products, while meeting strict 

11 performance criteria, in order to reduce greenhouse gas 

12 emissions and encourage use of products with lower em13 bodied emissions, through voluntary labeling of, or other 

14 forms of communication about, products that meet strict 

15 performance criteria. 

16 ‘‘(b) DIVISION OF RESPONSIBILITIES.—Responsibil17 ities under the program shall be divided between the Envi18 ronmental Protection Agency and the Department of En19 ergy in accordance with the terms of applicable agree20 ments between those agencies. 

21 ‘‘(c) INCLUSIONS.—Categories of products that may 

22 be included under the program shall include products 

23 which typically have high embodied emissions, as deter24 mined by the Administrator of the Environmental Protec25 tion Agency and the Secretary of Energy, and may include 


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1 categories of products composed primarily of eligible mate2 rials. 

3 ‘‘(d) DUTIES.—The Administrator and the Secretary 

4 shall— 

5 ‘‘(1) establish— 

6 ‘‘(A) a Climate Star label to be used for 

7 products meeting the certification criteria estab8 lished pursuant to this section; and 

9 ‘‘(B) the procedure, including the methods 

10 and means, and criteria by which products may 

11 be certified to display the Climate Star label; 

12 ‘‘(2) enhance public awareness regarding the 

13 Climate Star label through outreach and public edu14 cation; 

15 ‘‘(3) preserve the integrity of the Climate Star 

16 label by— 

17 ‘‘(A) establishing and maintaining per18 formance criteria so that products certified to 

19 display the Climate Star label are produced 

20 with significantly lower embodied emissions 

21 than comparable products; 

22 ‘‘(B) overseeing Climate Star certifications 

23 made by third parties, which shall be inde24 pendent third-party product certification bodies 


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1 accredited by an accreditation entity domiciled 

2 in the United States; and 

3 ‘‘(C) auditing the use of the Climate Star 

4 label in the marketplace and preventing cases of 

5 misuse; 

6 ‘‘(4) not more frequently than every 6 years 

7 after adoption or major revision of any Climate Star 

8 performance criteria, review and, if appropriate, re9 vise the performance criteria to achieve an additional 

10 reduction in embodied emissions compared to the ex11 isting Climate Star performance criteria; 

12 ‘‘(5) regularly consider the inclusion of addi13 tional categories of products to achieve a significant 

14 reduction in the embodied emissions of such prod15 ucts; and 

16 ‘‘(6) in revising any Climate Star performance 

17 criteria or inclusion of an additional category of 

18 products— 

19 ‘‘(A) provide reasonable notice to inter20 ested parties and the public of any changes, in21 cluding effective dates, and an explanation of 

22 the changes; 

23 ‘‘(B) solicit comments from interested par24 ties and the public prior to any changes; 


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1 ‘‘(C) as appropriate, respond to comments 

2 submitted by interested parties and the public; 

3 and 

4 ‘‘(D) provide an appropriate transition 

5 time prior to the applicable effective date of any 

6 changes, taking into account the timing nec7 essary for the manufacture, marketing, train8 ing, and distribution of the specific product 

9 being addressed. 

10 ‘‘(e) DISTINCTION OF AUTHORITIES.—In setting or 

11 maintaining specifications and criteria for Energy Star 

12 pursuant to section 324A, WaterSense pursuant to section 

13 324B, and Climate Star under this section, the Adminis14 trator and the Secretary shall coordinate to prevent dupli15 cative or conflicting requirements among the respective 

16 programs. 

17 ‘‘(f) NO WARRANTY.—A Climate Star label shall not 

18 create any express or implied warranty. 

19 ‘‘(g) METHODS FOR ESTABLISHING PERFORMANCE

20 CRITERIA.—In establishing performance criteria for prod21 ucts pursuant to this section, the Administrator and the 

22 Secretary shall use technical specifications established in 

23 product category rules designated under section 522 of the 

24 CLEAN Future Act for specific products, as appropriate. 


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1 ‘‘(h) DEFINITIONS.—In this section, the terms ‘eligi2 ble material’ and ‘embodied emissions’ have the meanings 

3 given those terms in section 522 of the CLEAN Future 

4 Act.’’. 

5 (b) REQUIREMENTS.—Part 3 of title V of the Na6 tional Energy Conservation Policy Act (42 U.S.C. 8251 

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

8 ‘‘SEC. 554. FEDERAL PROCUREMENT OF CLIMATE STAR 

9 PRODUCTS. 

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

11 ‘‘(1) AGENCY.—The term ‘agency’ has the 

12 meaning given that term in section 7902(a) of title 

13 5, United States Code. 

14 ‘‘(2) CLIMATE STAR PRODUCT.—The term ‘Cli15 mate Star product’ means a product that is rated 

16 for greenhouse gas emissions intensity under the 

17 Carbon Star program. 

18 ‘‘(3) CLIMATE STAR PROGRAM.—The term ‘Cli19 mate Star program’ means the program established 

20 by section 324C of the Energy Policy and Conserva21 tion Act. 

22 ‘‘(4) PRODUCT.—The term ‘product’ does not 

23 include any product or system designed or procured 

24 for combat or combat-related missions. 


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1 ‘‘(b) PROCUREMENT OF CLIMATE STAR PROD2 UCTS.— 

3 ‘‘(1) REQUIREMENT.—Not later than January 

4 1, 2025, to meet the requirements of an agency for 

5 a product for which Climate Star program criteria 

6 exists, the head of the agency shall, except as pro7 vided in paragraph (2), procure a Climate Star prod8 uct. 

9 ‘‘(2) EXCEPTIONS.—The head of an agency is 

10 not required to procure a Climate Star product 

11 under paragraph (1) if the head of the agency finds 

12 in writing that no Climate Star product is reason13 ably available that meets the functional requirements 

14 of the agency. 

15 ‘‘(3) PROCUREMENT PLANNING.—The head of 

16 an agency shall incorporate into the specifications 

17 for all procurements involving products for which 

18 Climate Star program criteria exist, including guide 

19 specifications, project specifications, and construc20 tion, renovation, and services contracts that include 

21 provision of products for which Climate Star pro22 gram criteria exist, and into the factors for the eval23 uation of offers received for the procurement, cri24 teria for greenhouse gas emissions that are conVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 sistent with the criteria used for rating Climate Star 

2 products. 

3 ‘‘(c) LISTING OF CLIMATE STAR PRODUCTS IN FED4 ERAL CATALOGS.—Climate Star products shall be clearly 

5 identified and prominently displayed in any inventory or 

6 listing of products by the General Services Administration 

7 or the Defense Logistics Agency. The General Services 

8 Administration or the Defense Logistics Agency shall sup9 ply only Climate Star products for all categories of prod10 ucts covered by the Climate Star program, except in cases 

11 where the agency ordering a product specifies in writing 

12 that no Climate Star product is available to meet the buy13 er’s functional requirements. 

14 ‘‘(d) REGULATIONS.—Not later than 180 days after 

15 the date of the enactment of this section, the Secretary 

16 shall issue guidelines to carry out this section.’’. 

17 (c) CONFORMING AMENDMENT.—The table of con18 tents of the National Energy Conservation Policy Act is 

19 amended by inserting after the item relating to section 

20 553 the following new item: 

‘‘Sec. 554. Federal procurement of Carbon Star products.’’. 

21 Subtitle D—Industrial Efficiency 

22 Incentives 

23 SEC. 531. PURPOSES. 

24 The purposes of this subtitle are the following: 


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1 (1) Reduce greenhouse gas emissions from the 

2 industrial sector. 

3 (2) Maximize the energy efficiency and water 

4 use efficiency of United States industrial plants. 

5 (3) Make industrial facilities more financially 

6 viable through energy efficiency improvements that 

7 lower energy costs. 

8 (4) Create opportunities for energy efficiency 

9 manufacturing and installation jobs across the coun10 try. 

11 (5) Make the United States industrial sector 

12 the cleanest in the world. 

13 SEC. 532. SUSTAINABLE INDUSTRY REBATE PROGRAM. 

14 (a) IN GENERAL.—The Secretary of Energy shall es15 tablish the Sustainable Industry Rebate Program with the 

16 purpose of— 

17 (1) maximizing the energy efficiency of indus18 trial processes and cross-cutting systems; 

19 (2) reducing greenhouse gas emissions from in20 dustrial processes; 

21 (3) improving efficient use of water in manufac22 turing processes; and 

23 (4) preventing pollution and minimizing waste. 

24 (b) PROCESS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this section, the Sec3 retary of Energy, in consultation with the Secretary 

4 of the Treasury, shall— 

5 (A) develop and make available rebate 

6 forms required to receive a rebate under this 

7 section; and 

8 (B) establish a Federal Rebate Processing 

9 System which shall serve as a database and in10 formation technology system that will allow 

11 qualified entities to submit required rebate 

12 forms for reimbursement. 

13 (2) REQUIREMENTS.—To be eligible to receive 

14 a rebate under this section, a qualified entity shall 

15 submit to the Secretary of Energy the required re16 bate forms, at such time, and containing such infor17 mation as the Secretary of Energy may require, and 

18 include demonstrated evidence— 

19 (A) that the entity purchased the qualified 

20 technology; 

21 (B) that the qualified technology is eligible 

22 for the rebate program; 

23 (C) that the qualified technology is eligible 

24 for any of the additional rebates laid out in 

25 paragraph (4); 


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1 (D) of the energy efficiency gains or water 

2 use efficiency gains to be achieved by implemen3 tation of the technology; 

4 (E) the greenhouse gas emissions reduc5 tions resulting from replacing an existing tech6 nology with the qualified technology; and 

7 (F) that the technology replaced by the 

8 qualified technology has been permanently de9 commissioned. 

10 (c) SUSTAINABLE INDUSTRY DATABASE.— 

11 (1) ESTABLISHMENT.—Not later than 90 days 

12 after the date of enactment of this section, the Sec13 retary of Energy shall maintain, on the website of 

14 the Department of Energy, a national database to 

15 provide information on the Sustainable Industry Re16 bate Program. 

17 (2) INCLUSIONS.—The Sustainable Industry 

18 Database shall include— 

19 (A) a list of the qualified technologies; 

20 (B) a list of the qualified technologies that 

21 are eligible for the Made in America additional 

22 rebate established in paragraph (4)(B)(i); 

23 (C) instructions for how to participate in 

24 the Sustainable Industry Rebate Program; 


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1 (D) instructions for how to petition the In2 dustrial Efficiency Working group, established 

3 in section 3, regarding additions to the list of 

4 qualified technologies; and 

5 (E) any additional information determined 

6 by the Secretary of Energy to be appropriate. 

7 (d) AUTHORIZED AMOUNT OF REBATE.— 

8 (1) IN GENERAL.—The base amount of rebate 

9 provided under this section shall be— 

10 (A) 25 percent of the overall cost of the 

11 qualified technology for companies with over 

12 500 employees; and 

13 (B) 40 percent of the overall cost of the 

14 qualified technology for companies under 500 

15 employees. 

16 (2) ADDITIONAL REBATES.— 

17 (A) 15 percent of the overall cost of the 

18 qualified technology if the majority of compo19 nents of the purchased qualified technology 

20 were manufactured in the United States. 

21 (B) 10 percent of the overall cost of the 

22 qualified technology if the qualified technology 

23 facilitates a switch from fossil fuel-fired energy 

24 source to a low- or zero-carbon fuel source, in25 cluding electrification. 


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1 (C) 10 percent of the overall cost of the 

2 qualified technology if the qualified entity pro3 duces Climate Star Products certified pursuant 

4 to section 324C of the Energy Policy and Con5 servation Act (as added by this Act). 

6 (3) INCLUSION.—For purposes of this section, 

7 the overall cost of a qualified technology shall in8 clude all costs associated with the purchase and in9 stallation of the qualified technology, and replace10 ment and removal costs of the existing technology. 

11 (4) LIMITATION.—The amount of a rebate pro12 vided under this section shall not exceed 50 percent 

13 of the overall cost of a qualified technology for com14 panies with over 500 employees, or 65 percent of the 

15 overall cost of a qualified technology for companies 

16 with under 500 employees. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $1,000,000,000 for each of fiscal years 2022 through 

20 2031, to remain available until expended. 

21 (f) DEFINITIONS.—In this section: 

22 (1) QUALIFIED ENTITY.—The term ‘‘qualified 

23 entity’’ means the owner or operator of a nonpower 

24 industrial or manufacturing facility. 


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1 (2) QUALIFIED TECHNOLOGY.—The term 

2 ‘‘qualified technology’’ means— 

3 (A) any technology listed in the Sustain4 able Industry Database that can be dem5 onstrated to result in energy efficiency improve6 ments of at least 20 percent over the facility’s 

7 existing technology; 

8 (B) any technology listed in the Sustain9 able Industry Database that can be dem10 onstrated to result in water use reductions, 

11 water intensity reductions, or energy reductions 

12 from water management of at least 20 percent 

13 over a facility’s existing technology; or 

14 (C) any technology listed in the Sustain15 able Industry Database and used in an indus16 trial application that replaces a facility’s fossil 

17 fuel-fired technology. 

18 SEC. 533. INDUSTRIAL EFFICIENCY WORKING GROUP. 

19 (a) ESTABLISHMENT.—Not later than 30 days after 

20 the date of enactment of this section, the Secretary of En21 ergy shall establish the Industrial Efficiency Working 

22 Group or ‘‘Working Group’’ for purposes of this section, 

23 and appoint members pursuant to subsection (b). 

24 (b) MEMBERSHIP.— 


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1 (1) CHAIR.—The Secretary of Energy shall des2 ignate a member of the Working Group to serve as 

3 Chair. 

4 (2) APPOINTMENT.—The Working Group shall 

5 be comprised of members who shall be appointed by 

6 the Secretary of Energy, in coordination with direc7 tors of the Advanced Manufacturing Office, the Of8 fice of Energy Efficiency and Renewable Energy, 

9 and the Building Technology Office. 

10 (3) REPRESENTATION.—Members of the Work11 ing Group shall include— 

12 (A) representatives of each relevant Fed13 eral agency as determined by the Secretary of 

14 Energy; 

15 (B) representatives of each relevant De16 partment of Energy office; 

17 (C) representatives of labor groups; 

18 (D) representatives of the research com19 munity, which shall include academia and na20 tional laboratories; 

21 (E) representatives of nongovernmental or22 ganizations; 

23 (F) representatives of energy efficiency 

24 program administrators; 


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1 (G) representatives of industry and trade 

2 associations, the collective expertise of which 

3 shall cover every focus area; and 

4 (H) any other individual whom the Sec5 retary of Energy determines to be necessary to 

6 ensure that the Working Group is comprised of 

7 a diverse group of representatives of industry, 

8 academia, independent researchers, and public 

9 and private entities. 

10 (c) DUTIES.—The Working Group shall— 

11 (1) develop a list of qualified technologies to be 

12 eligible for the Sustainable Industry Rebate Pro13 gram established under section 532; 

14 (2) develop a list of the qualified technologies 

15 that meet the Made in America requirements for the 

16 additional rebate established under section 

17 2(d)(2)(A); 

18 (3) determine if technologies petitioned to be 

19 added to the list are eligible; 

20 (4) determine if any technologies on the list 

21 need to be removed from the list; and 

22 (5) identify technology gaps in industrial effi23 ciency, and make recommendations to address those 

24 gaps. 

25 (d) MEETINGS.— 


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1 (1) FREQUENCY.—The Working Group shall 

2 meet not less frequently than 2 times per year, at 

3 the call of the Chair. 

4 (2) INITIAL MEETING.—Not later than 60 days 

5 after the date on which the members are appointed 

6 under subsection (b), the Working Group shall hold 

7 its first meeting. 

8 (e) REPORT.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of this section, and not 

11 less frequently than once every year thereafter, the 

12 Working Group shall submit to the Secretary of En13 ergy a report that includes— 

14 (A) a list of qualified technologies eligible 

15 for the Sustainable Industry Rebate Program; 

16 (B) a list of qualified technologies eligible 

17 for the Made in America additional rebate es18 tablished under section 2(d)(2)(A); and 

19 (C) a list of technologies that should be 

20 added or removed from the database. 

21 (f) COORDINATION.—In carrying out this section, the 

22 Secretary of Energy shall— 

23 (1) coordinate and seek to avoid duplication 

24 with other programs of the Department of Energy; 


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1 (2) coordinate and collaborate with the Indus2 trial Technology Innovation Advisory Committee; 

3 and 

4 (3) to the maximum extent practicable, leverage 

5 existing resources and programs of the Department 

6 of Energy. 

7 TITLE VI—ENVIRONMENTAL 

8 JUSTICE 

9 Subtitle A—Empowering 

10 Community Voices 

11 SEC. 601. DEFINITIONS. 

12 In this subtitle: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Environ15 mental Protection Agency. 

16 (2) CLIMATE JUSTICE.—The term ‘‘climate jus17 tice’’ means the fair treatment and meaningful in18 volvement of all individuals, regardless of race, color, 

19 culture, national origin, educational level, or income, 

20 with respect to the development, implementation, 

21 and enforcement of policies and projects that ad22 dress climate change, a recognition of the historical 

23 responsibilities for climate change, and a commit24 ment that the people and communities least respon25 sible for climate change, and most vulnerable to the 


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1 impacts of climate change, do not suffer dispropor2 tionately as a result of historical injustice and dis3 investment. 

4 (3) COMMUNITY OF COLOR.—The term ‘‘com5 munity of color’’ means any geographically distinct 

6 area the population of color of which is higher than 

7 the average population of color of the State in which 

8 the community is located. 

9 (4) COMMUNITY-BASED SCIENCE.—The term 

10 ‘‘community-based science’’ means voluntary public 

11 participation in the scientific process and the incor12 poration of data and information generated outside 

13 of traditional institutional boundaries to address 

14 real-world problems in ways that may include formu15 lating research questions, conducting scientific ex16 periments, collecting and analyzing data, inter17 preting results, making new discoveries, developing 

18 technologies and applications, and solving complex 

19 problems, with an emphasis on the democratization 

20 of science and the engagement of diverse people and 

21 communities. 

22 (5) ENVIRONMENTAL JUSTICE.—The term ‘‘en23 vironmental justice’’ means the fair treatment and 

24 meaningful involvement of all individuals, regardless 

25 of race, color, national origin, educational level, or 


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1 income, with respect to the development, implemen2 tation, and enforcement of environmental laws, regu3 lations, and policies to ensure that— 

4 (A) populations of color, communities of 

5 color, indigenous communities, and low-income 

6 communities have access to public information 

7 and opportunities for meaningful public partici8 pation relating to human health and environ9 mental planning, regulations, and enforcement; 

10 (B) no population of color or community of 

11 color, indigenous community, or low-income 

12 community shall be exposed to a dispropor13 tionate burden of the negative human health 

14 and environmental impacts of pollution or other 

15 environmental hazards; and 

16 (C) the 17 Principles of Environmental 

17 Justice written and adopted at the First Na18 tional People of Color Environmental Leader19 ship Summit held on October 24 through 27, 

20 1991, in Washington, DC, are upheld. 

21 (6) ENVIRONMENTAL JUSTICE COMMUNITY.— 

22 The term ‘‘environmental justice community’’ means 

23 any population of color, community of color, indige24 nous community, or low-income community that ex25 periences a disproportionate burden of the negative 


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1 human health and environmental impacts of pollu2 tion or other environmental hazards. 

3 (7) FEDERAL AGENCY.—The term ‘‘Federal 

4 agency’’ means— 

5 (A) each Federal agency represented on 

6 the Working Group; and 

7 (B) any other Federal agency that carries 

8 out a Federal program or activity that substan9 tially affects human health or the environment, 

10 as determined by the President. 

11 (8) INDIGENOUS COMMUNITY.—The term ‘‘in12 digenous community’’ means— 

13 (A) a federally recognized Indian Tribe; 

14 (B) a State-recognized Indian Tribe; 

15 (C) an Alaska Native or Native Hawaiian 

16 community or organization; and 

17 (D) any other community of indigenous 

18 people, including communities in other coun19 tries. 

20 (9) INFRASTRUCTURE.—The term ‘‘infrastruc21 ture’’ means any system for safe drinking water, 

22 sewer collection, solid waste disposal, electricity gen23 eration, communication, or transportation access (in24 cluding highways, airports, marine terminals, rail 


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1 systems, and residential roads) that is used to effec2 tively and safely support— 

3 (A) housing; 

4 (B) an educational facility; 

5 (C) a medical provider; 

6 (D) a park or recreational facility; or 

7 (E) a local business. 

8 (10) LOW INCOME.—The term ‘‘low income’’ 

9 means an annual household income equal to, or less 

10 than, the greater of— 

11 (A) an amount equal to 80 percent of the 

12 median income of the area in which the house13 hold is located, as reported by the Department 

14 of Housing and Urban Development; and 

15 (B) 200 percent of the Federal poverty 

16 line. 

17 (11) LOW-INCOME COMMUNITY.—The term 

18 ‘‘low-income community’’ means any census block 

19 group in which 30 percent or more of the population 

20 are individuals with low income. 

21 (12) MEANINGFUL.—The term ‘‘meaningful’’, 

22 with respect to involvement by the public in a deter23 mination by a Federal agency, means that— 

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1 ticipate in decisions regarding a proposed activ2 ity that will affect the environment or public 

3 health of the community; 

4 (B) the public contribution can influence 

5 the determination by the Federal agency; 

6 (C) the concerns of all participants in7 volved are taken into consideration in the deci8 sion-making process; and 

9 (D) the Federal agency— 

10 (i) provides to potentially affected 

11 members of the public accurate informa12 tion; and 

13 (ii) facilitates the involvement of po14 tentially affected members of the public. 

15 (13) POPULATION OF COLOR.—The term ‘‘pop16 ulation of color’’ means a population of individuals 

17 who identify as— 

18 (A) Black; 

19 (B) African American; 

20 (C) Asian; 

21 (D) Pacific Islander; 

22 (E) another non-White race; 

23 (F) Hispanic; 

24 (G) Latino; or 

25 (H) linguistically isolated. 


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1 (14) PUBLISH.—The term ‘‘publish’’ means to 

2 make publicly available in a form that is— 

3 (A) generally accessible, including on the 

4 internet and in public libraries; and 

5 (B) accessible for— 

6 (i) individuals who are limited in 

7 English proficiency, in accordance with Ex8 ecutive Order 13166 (65 Fed. Reg. 50121 

9 (August 16, 2000)); and 

10 (ii) individuals with disabilities. 

11 (15) WORKING GROUP.—The term ‘‘Working 

12 Group’’ means the interagency Federal Working 

13 Group on Environmental Justice convened under 

14 section 1–102 of Executive Order 12898 (42 U.S.C. 

15 4321 note), as amended by Executive Order 12948 

16 (60 Fed. Reg. 6381 (January 30, 1995)) and modi17 fied by this subtitle. 

18 SEC. 602. ENVIRONMENTAL JUSTICE COMMUNITY TECH19 NICAL ASSISTANCE GRANTS. 

20 Title III of the Clean Air Act (42 U.S.C. 7601 et 

21 seq.) is amended by adding at the end the following new 

22 section: 


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1 ‘‘SEC. 330. ENVIRONMENTAL JUSTICE COMMUNITY TECH2 NICAL ASSISTANCE GRANTS. 

3 ‘‘(a) IN GENERAL.—The Administrator may award 

4 grants to eligible entities to enable such entities to partici5 pate in decisions impacting the health and safety of their 

6 communities in connection with an actual or potential re7 lease of a covered hazardous air pollutant. 

8 ‘‘(b) TIMING.— 

9 ‘‘(1) GUIDANCE.—Not later than 12 months 

10 after the date of enactment of this section, the Ad11 ministrator shall publish guidance describing the 

12 process for eligible entities to apply for a grant 

13 under this section, including the required content 

14 and form of applications, the manner in which appli15 cations must be submitted, and any applicable dead16 lines. 

17 ‘‘(2) FIRST GRANT.—Not later than 180 days 

18 after the issuance of guidance under paragraph (1), 

19 the Administrator shall award the first grant under 

20 this section. 

21 ‘‘(c) ELIGIBLE ENTITY.—To be eligible for a grant 

22 under this section, an applicant shall be a group of individ23 uals who reside in a community that— 

24 ‘‘(1) is a population of color, a community of 

25 color, an indigenous community, or a low-income 

26 community; and 


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1 ‘‘(2) is in close proximity to the site of an ac2 tual or potential release of a covered hazardous air 

3 pollutant. 

4 ‘‘(d) USE OF FUNDS.—An eligible entity receiving a 

5 grant under this section shall use the grant to participate 

6 in decisions impacting the health and safety of the commu7 nity involved in connection with an actual or potential re8 lease of a covered hazardous air pollutant, including— 

9 ‘‘(1) interpreting information with regard to the 

10 nature of the hazard, cumulative impacts studies, 

11 health impacts studies, remedial investigation and 

12 feasibility studies, agency decisions, remedial design, 

13 and operation and maintenance of necessary mon14 itors; and 

15 ‘‘(2) performing additional air pollution moni16 toring. 

17 ‘‘(e) LIMITATIONS ON AMOUNT; RENEWAL.— 

18 ‘‘(1) AMOUNT.— 

19 ‘‘(A) IN GENERAL.—The amount of a 

20 grant under this section (excluding any renew21 als of the grant) may not exceed $50,000 for 

22 any grant recipient. 

23 ‘‘(B) EXCEPTION.—The Administrator 

24 may waive the limitation in subparagraph (A) 

25 with respect to an applicant in any case where 


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1 the Administrator determines that such waiver 

2 is necessary for the community involved to ob3 tain the necessary technical assistance. 

4 ‘‘(2) RENEWAL.—Grants may be renewed for 

5 each step in the regulatory, removal, or remediation 

6 process in connection with a facility with the poten7 tial to release a covered hazardous air pollutant. 

8 ‘‘(f) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘community of color’ has the 

10 meaning given that term in section 601 of the 

11 CLEAN Future Act. 

12 ‘‘(2) The term ‘covered hazardous air pollutant’ 

13 means a hazardous air pollutant (as defined in sec14 tion 112 of the Clean Air Act) that— 

15 ‘‘(A) is listed on the toxics release inven16 tory under section 313(c) of the Emergency 

17 Planning and Community Right-To-Know Act 

18 of 1986; or 

19 ‘‘(B) is identified as carcinogenic by an as20 sessment under the Integrated Risk Informa21 tion System (IRIS) of the Environmental Pro22 tection Agency. 

23 ‘‘(3) The term ‘indigenous community’ has the 

24 meaning given that term in section 601 of the 

25 CLEAN Future Act. 


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1 ‘‘(4) The term ‘low income’ has the meaning 

2 given that term in section 601 of the CLEAN Fu3 ture Act. 

4 ‘‘(5) The term ‘population of color’ has the 

5 meaning given that term in section 601 of the 

6 CLEAN Future Act.’’. 

7 SEC. 603. INTERAGENCY FEDERAL WORKING GROUP ON 

8 ENVIRONMENTAL JUSTICE. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of enactment of this Act, the Administrator shall con11 vene, as appropriate to carry out this section, the Working 

12 Group. 

13 (b) REQUIREMENTS.— 

14 (1) COMPOSITION.—The Working Group shall 

15 be comprised of the following (or a designee): 

16 (A) The Secretary of Agriculture. 

17 (B) The Secretary of Commerce. 

18 (C) The Secretary of Defense. 

19 (D) The Secretary of Energy. 

20 (E) The Secretary of Health and Human 

21 Services. 

22 (F) The Secretary of Homeland Security. 

23 (G) The Secretary of Housing and Urban 

24 Development. 

25 (H) The Secretary of the Interior. 


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1 (I) The Secretary of Labor. 

2 (J) The Secretary of Transportation. 

3 (K) The Attorney General. 

4 (L) The Administrator. 

5 (M) The Director of the Office of Environ6 mental Justice. 

7 (N) The Chairman of the Consumer Prod8 uct Safety Commission. 

9 (O) The Chairperson of the Chemical Safe10 ty Board. 

11 (P) The Director of the Office of Manage12 ment and Budget. 

13 (Q) The Director of the Office of Science 

14 and Technology Policy. 

15 (R) The Chair of the Council on Environ16 mental Quality. 

17 (S) The Assistant to the President for Do18 mestic Policy. 

19 (T) The Director of the National Economic 

20 Council. 

21 (U) The Chairman of the Council of Eco22 nomic Advisers. 

23 (V) Such other Federal officials as the 

24 President may designate. 

25 (2) FUNCTIONS.—The Working Group shall— 


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1 (A) report to the President through the 

2 Chair of the Council on Environmental Quality 

3 and the Assistant to the President for Domestic 

4 Policy; 

5 (B) provide guidance to Federal agencies 

6 regarding criteria for identifying disproportion7 ately high and adverse human health or envi8 ronmental effects— 

9 (i) on populations of color, commu10 nities of color, indigenous communities, 

11 and low-income communities; and 

12 (ii) on the basis of race, color, na13 tional origin, or income; 

14 (C) coordinate with, provide guidance to, 

15 and serve as a clearinghouse for, each Federal 

16 agency with respect to the implementation and 

17 updating of an environmental justice strategy 

18 required under this Act, in order to ensure that 

19 the administration, interpretation, and enforce20 ment of programs, activities, and policies are 

21 carried out in a consistent manner; 

22 (D) assist in coordinating research by, and 

23 stimulating cooperation among, the Environ24 mental Protection Agency, the Department of 

25 Health and Human Services, the Department of 


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1 Housing and Urban Development, and other 

2 Federal agencies conducting research or other 

3 activities in accordance with this Act; 

4 (E) identify, based in part on public rec5 ommendations contained in Federal agency 

6 progress reports, important areas for Federal 

7 agencies to take into consideration and address, 

8 as appropriate, in environmental justice strate9 gies and other efforts; 

10 (F) assist in coordinating data collection 

11 and maintaining and updating appropriate 

12 databases, as required by this Act; 

13 (G) examine existing data and studies re14 lating to environmental justice; 

15 (H) hold public meetings and otherwise so16 licit public participation under paragraph (3); 

17 and 

18 (I) develop interagency model projects re19 lating to environmental justice that demonstrate 

20 cooperation among Federal agencies. 

21 (3) PUBLIC PARTICIPATION.—The Working 

22 Group shall— 

23 (A) hold public meetings or otherwise so24 licit public participation and community-based 


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1 science for the purpose of fact-finding with re2 spect to the implementation of this Act; and 

3 (B) prepare for public review and publish 

4 a summary of any comments and recommenda5 tions provided. 

6 (c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

7 Any person may commence a civil action— 

8 (1) to seek relief from, or to compel, an agency 

9 action under this section (including regulations pro10 mulgated pursuant to this section); or 

11 (2) otherwise to ensure compliance with this 

12 section (including regulations promulgated pursuant 

13 to this section). 

14 SEC. 604. FEDERAL AGENCY ACTIONS TO ADDRESS ENVI15 RONMENTAL JUSTICE. 

16 (a) FEDERAL AGENCY RESPONSIBILITIES.— 

17 (1) ENVIRONMENTAL JUSTICE MISSION.—To 

18 the maximum extent practicable and permitted by 

19 applicable law, each Federal agency shall make 

20 achieving environmental justice part of the mission 

21 of the Federal agency by identifying, addressing, 

22 and mitigating disproportionately high and adverse 

23 human health or environmental effects of the pro24 grams, policies, and activities of the Federal agency 

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1 nous communities, and low-income communities in 

2 the United States (including the territories and pos3 sessions of the United States and the District of Co4 lumbia). 

5 (2) NONDISCRIMINATION.—Each Federal agen6 cy shall conduct any program, policy, or activity that 

7 substantially affects human health or the environ8 ment in a manner that ensures that the program, 

9 policy, or activity does not have the effect of exclud10 ing any individual or group from participation in, 

11 denying any individual or group the benefits of, or 

12 subjecting any individual or group to discrimination 

13 under, the program, policy, or activity because of 

14 race, color, or national origin. 

15 (3) STRATEGIES.— 

16 (A) AGENCYWIDE STRATEGIES.—Each 

17 Federal agency shall implement and update, not 

18 less frequently than annually, an agencywide 

19 environmental justice strategy that identifies 

20 disproportionally high and adverse human 

21 health or environmental effects of the pro22 grams, policies, spending, and other activities of 

23 the Federal agency with respect to populations 

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1 ing, as appropriate for the mission of the Fed2 eral agency, with respect to the following areas: 

3 (i) Implementation of the National 

4 Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.). 

6 (ii) Implementation of title VI of the 

7 Civil Rights Act of 1964 (42 U.S.C. 2000d 

8 et seq.) (including regulations promulgated 

9 pursuant to that title). 

10 (iii) Implementation of the Robert T. 

11 Stafford Disaster Relief and Emergency 

12 Assistance Act (42 U.S.C. 5121 et seq.). 

13 (iv) Impacts from the lack of infra14 structure, or from deteriorated infrastruc15 ture. 

16 (v) Impacts from land use. 

17 (vi) Impacts from climate change. 

18 (vii) Impacts from commercial trans19 portation. 

20 (B) REVISIONS.— 

21 (i) IN GENERAL.—Each strategy de22 veloped and updated pursuant to subpara23 graph (A) shall identify programs, policies, 

24 planning and public participation proc25 esses, rulemaking, agency spending, and 


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1 enforcement activities relating to human 

2 health or the environment that may be re3 vised, at a minimum— 

4 (I) to promote enforcement of all 

5 health, environmental, and civil rights 

6 laws and regulations in areas con7 taining populations of color, commu8 nities of color, indigenous commu9 nities, and low-income communities; 

10 (II) to ensure greater public par11 ticipation; 

12 (III) to provide increased access 

13 to infrastructure; 

14 (IV) to improve research and 

15 data collection relating to the health 

16 and environment of populations of 

17 color, communities of color, indige18 nous communities, and low-income 

19 communities, including through the 

20 increased use of community-based 

21 science; and 

22 (V) to identify differential pat23 terns of use of natural resources 

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1 nities of color, indigenous commu2 nities, and low-income communities. 

3 (ii) TIMETABLES.—Each strategy im4 plemented and updated pursuant to sub5 paragraph (A) shall include a timetable for 

6 undertaking revisions identified pursuant 

7 to clause (i). 

8 (C) PROGRESS REPORTS.—Not later than 

9 1 year after the date of enactment of this Act, 

10 and not less frequently than once every 5 years 

11 thereafter, each Federal agency shall submit to 

12 Congress and the Working Group, and shall 

13 publish, a progress report that includes, with 

14 respect to the period covered by the report— 

15 (i) a description of the current envi16 ronmental justice strategy of the Federal 

17 agency; 

18 (ii) an evaluation of the progress 

19 made by the Federal agency at national 

20 and regional levels regarding implementa21 tion of the environmental justice strategy, 

22 including— 

23 (I) metrics used by the Federal 

24 agency to measure performance; and 


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1 (II) the progress made by the 

2 Federal agency toward— 

3 (aa) the achievement of the 

4 metrics described in subclause 

5 (I); and 

6 (bb) mitigating identified in7 stances of environmental injus8 tice; 

9 (iii) a description of the participation 

10 by the Federal agency in interagency col11 laboration; 

12 (iv) responses to recommendations 

13 submitted by members of the public to the 

14 Federal agency relating to the environ15 mental justice strategy of the Federal 

16 agency and the implementation by the 

17 Federal agency of this Act; and 

18 (v) any updates or revisions to the en19 vironmental justice strategy of the Federal 

20 agency, including those resulting from pub21 lic comments. 

22 (4) PUBLIC PARTICIPATION.—Each Federal 

23 agency shall— 

24 (A) ensure that meaningful opportunities 

25 exist for the public to submit comments and 


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1 recommendations relating to the environmental 

2 justice strategy, progress reports, and ongoing 

3 efforts of the Federal agency to incorporate en4 vironmental justice principles into the pro5 grams, policies, and activities of the Federal 

6 agency; 

7 (B) hold public meetings or otherwise so8 licit public participation and community-based 

9 science from populations of color, communities 

10 of color, indigenous communities, and low-in11 come communities for fact-finding, receiving 

12 public comments, and conducting inquiries con13 cerning environmental justice; and 

14 (C) prepare for public review and publish 

15 a summary of the comments and recommenda16 tions provided. 

17 (5) ACCESS TO INFORMATION.—Each Federal 

18 agency shall— 

19 (A) publish public documents, notices, and 

20 hearings relating to the programs, policies, and 

21 activities of the Federal agency that affect 

22 human health or the environment; and 

23 (B) translate and publish any public docu24 ments, notices, and hearings relating to an ac25 tion of the Federal agency as appropriate for 


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1 the affected population, specifically in any case 

2 in which a limited English-speaking population 

3 may be disproportionately affected by that ac4 tion. 

5 (6) CODIFICATION OF GUIDANCE.— 

6 (A) COUNCIL ON ENVIRONMENTAL QUAL7 ITY.—Notwithstanding any other provision of 

8 law, sections II and III of the guidance issued 

9 by the Council on Environmental Quality enti10 tled ‘‘Environmental Justice Guidance Under 

11 the National Environmental Policy Act’’ and 

12 dated December 10, 1997, are enacted into law. 

13 (B) ENVIRONMENTAL PROTECTION AGEN14 CY.—Notwithstanding any other provision of 

15 law, the guidance issued by the Environmental 

16 Protection Agency entitled ‘‘EPA Policy on 

17 Consultation and Coordination with Indian 

18 Tribes: Guidance for Discussing Tribal Treaty 

19 Rights’’ and dated February 2016 is enacted 

20 into law. 

21 (b) HUMAN HEALTH AND ENVIRONMENTAL RE22 SEARCH, DATA COLLECTION, AND ANALYSIS.— 

23 (1) RESEARCH.—Each Federal agency, to the 

24 maximum extent practicable and permitted by appli25 cable law, shall— 


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1 (A) in conducting environmental or human 

2 health research, include diverse segments of the 

3 population in epidemiological and clinical stud4 ies, including segments at high risk from envi5 ronmental hazards, such as— 

6 (i) populations of color, communities 

7 of color, indigenous communities, popu8 lations with low income, and low-income 

9 communities; 

10 (ii) fenceline communities; and 

11 (iii) workers who may be exposed to 

12 substantial environmental hazards; 

13 (B) in conducting environmental or human 

14 health analyses, identify multiple and cumu15 lative exposures; and 

16 (C) actively encourage and solicit commu17 nity-based science, and provide to populations 

18 of color, communities of color, indigenous com19 munities, populations with low income, and low20 income communities the opportunity to com21 ment regarding the development and design of 

22 research strategies carried out pursuant to this 

23 Act. 

24 (2) DISPROPORTIONATE IMPACT.—To the max25 imum extent practicable and permitted by applicable 


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1 law (including section 552a of title 5, United States 

2 Code (commonly known as the Privacy Act)), each 

3 Federal agency shall— 

4 (A) collect, maintain, and analyze informa5 tion assessing and comparing environmental 

6 and human health risks borne by populations 

7 identified by race, national origin, or income; 

8 and 

9 (B) use that information to determine 

10 whether the programs, policies, and activities of 

11 the Federal agency have disproportionally high 

12 and adverse human health or environmental ef13 fects on populations of color, communities of 

14 color, indigenous communities, and low-income 

15 communities. 

16 (3) INFORMATION RELATING TO NON-FEDERAL

17 FACILITIES.—In connection with the implementation 

18 of Federal agency strategies under subsection (a)(3), 

19 each Federal agency, to the maximum extent prac20 ticable and permitted by applicable law, shall collect, 

21 maintain, and analyze information relating to the 

22 race, national origin, and income level, and other 

23 readily accessible and appropriate information, for 

24 fenceline communities in proximity to any facility or 

25 site expected to have a substantial environmental, 


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1 human health, or economic effect on the surrounding 

2 populations, if the facility or site becomes the sub3 ject of a substantial Federal environmental adminis4 trative or judicial action. 

5 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

6 Federal agency, to the maximum extent practicable 

7 and permitted by applicable law, shall collect, main8 tain, and analyze information relating to the race, 

9 national origin, and income level, and other readily 

10 accessible and appropriate information, for fenceline 

11 communities in proximity to any facility of the Fed12 eral agency that is— 

13 (A) subject to the reporting requirements 

14 under the Emergency Planning and Community 

15 Right-To-Know Act of 1986 (42 U.S.C. 11001 

16 et seq.), as required by Executive Order 12898 

17 (42 U.S.C. 4321 note); and 

18 (B) expected to have a substantial environ19 mental, human health, or economic effect on 

20 surrounding populations. 

21 (c) CONSUMPTION OF FISH AND WILDLIFE.— 

22 (1) IN GENERAL.—Each Federal agency shall 

23 develop, publish (unless prohibited by law), and re24 vise, as practicable and appropriate, guidance on ac25 tions of the Federal agency that will impact fish and 


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1 wildlife consumed by populations that principally 

2 rely on fish or wildlife for subsistence. 

3 (2) REQUIREMENT.—The guidance described in 

4 paragraph (1) shall— 

5 (A) reflect the latest scientific information 

6 available concerning methods for evaluating the 

7 human health risks associated with the con8 sumption of pollutant-bearing fish or wildlife; 

9 and 

10 (B) publish the risks of such consumption 

11 patterns. 

12 (d) MAPPING AND SCREENING TOOL.—The Adminis13 trator shall continue to make available to the public an 

14 environmental justice mapping and screening tool (such 

15 as EJScreen or an equivalent tool) that includes, at a min16 imum, the following features: 

17 (1) Nationally consistent data. 

18 (2) Environmental data. 

19 (3) Demographic data, including data relating 

20 to race, ethnicity, and income. 

21 (4) Capacity to produce maps and reports by 

22 geographical area. 

23 (e) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

24 Any person may commence a civil action— 


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1 (1) to seek relief from, or to compel, an agency 

2 action under this section (including regulations pro3 mulgated pursuant to this section); or 

4 (2) otherwise to ensure compliance with this 

5 section (including regulations promulgated pursuant 

6 to this section). 

7 (f) INFORMATION SHARING.—In carrying out this 

8 section, each Federal agency, to the maximum extent 

9 practicable and permitted by applicable law, shall share 

10 information and eliminate unnecessary duplication of ef11 forts through the use of existing data systems and cooper12 ative agreements among Federal agencies and with State, 

13 local, and Tribal governments. 

14 SEC. 605. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

15 COUNCIL. 

16 (a) ESTABLISHMENT.—The establishment by the Ad17 ministrator on September 30, 1993, by charter pursuant 

18 to the Federal Advisory Committee Act (5 U.S.C. App.) 

19 of the National Environmental Justice Advisory Council 

20 (referred to in this section as the ‘‘Advisory Council’’) is 

21 enacted into law. 

22 (b) DUTIES.—The Advisory Council may carry out 

23 such duties as were carried out by the Advisory Council 

24 on the day before the date of enactment of this Act, sub25 ject to modification by the Administrator, by regulation. 


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1 (c) MEMBERSHIP; SUBCOMMITTEES; WORKGROUPS; 

2 DUTIES.— 

3 (1) MEMBERSHIP.—The Advisory Council shall 

4 be comprised of 26 members who have knowledge of, 

5 or experience relating to, the effect of environmental 

6 conditions on communities of color, low-income com7 munities, and Tribal and indigenous communities, 

8 including— 

9 (A) representatives of— 

10 (i) community-based organizations 

11 that carry out initiatives relating to envi12 ronmental justice, including grassroots or13 ganizations led by people of color; 

14 (ii) State governments, Tribal Govern15 ments, and local governments; 

16 (iii) Indian Tribes and other indige17 nous groups; 

18 (iv) nongovernmental and environ19 mental organizations; and 

20 (v) private sector organizations (in21 cluding representatives of industries and 

22 businesses); and 

23 (B) experts in the fields of— 

24 (i) socioeconomic analysis; 

25 (ii) health and environmental effects; 


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1 (iii) exposure evaluation; 

2 (iv) environmental law and civil rights 

3 law; and 

4 (v) environmental health science re5 search. 

6 (2) SUBCOMMITTEES; WORKGROUPS.— 

7 (A) ESTABLISHMENT.—The Advisory 

8 Council may establish any subcommittee or 

9 workgroup to assist the Advisory Council in 

10 carrying out any duty of the Advisory Council 

11 described in paragraph (3). 

12 (B) REPORT.—Upon the request of the 

13 Advisory Council, each subcommittee or 

14 workgroup established by the Advisory Council 

15 under subparagraph (A) shall submit to the Ad16 visory Council a report that contains— 

17 (i) a description of each recommenda18 tion of the subcommittee or workgroup; 

19 and 

20 (ii) any advice requested by the Advi21 sory Council with respect to any duty of 

22 the Advisory Council. 

23 (3) DUTIES.—The Advisory Council shall pro24 vide independent advice and recommendations to the 

25 Environmental Protection Agency with respect to 


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1 issues relating to environmental justice, including 

2 advice— 

3 (A) to help develop, facilitate, and conduct 

4 reviews of the direction, criteria, scope, and 

5 adequacy of the scientific research and dem6 onstration projects of the Environmental Pro7 tection Agency relating to environmental jus8 tice; 

9 (B) to improve participation, cooperation, 

10 and communication with respect to such 

11 issues— 

12 (i) within the Environmental Protec13 tion Agency; and 

14 (ii) between, and among, the Environ15 mental Protection Agency and Federal 

16 agencies, State and local governments, In17 dian Tribes, environmental justice leaders, 

18 interest groups, and the public; 

19 (C) requested by the Administrator to help 

20 improve the response of the Environmental Pro21 tection Agency in securing environmental jus22 tice for communities of color, low-income com23 munities, and Tribal and indigenous commu24 nities; and 

25 (D) on issues relating to— 


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1 (i) the developmental framework of 

2 the Environmental Protection Agency with 

3 respect to the integration by the Environ4 mental Protection Agency of socioeconomic 

5 programs into the strategic planning, an6 nual planning, and management account7 ability of the Environmental Protection 

8 Agency to achieve environmental justice re9 sults throughout the Environmental Pro10 tection Agency; 

11 (ii) the measurement and evaluation 

12 of the progress, quality, and adequacy of 

13 the Environmental Protection Agency in 

14 planning, developing, and implementing en15 vironmental justice strategies, project, and 

16 programs; 

17 (iii) any existing and future informa18 tion management systems, technologies, 

19 and data collection activities of the Envi20 ronmental Protection Agency (including 

21 recommendations to conduct analyses that 

22 support and strengthen environmental jus23 tice programs in administrative and sci24 entific areas); 


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1 (iv) the administration of grant pro2 grams relating to environmental justice as3 sistance; and 

4 (v) education, training, and other out5 reach activities conducted by the Environ6 mental Protection Agency relating to envi7 ronmental justice. 

8 (d) DESIGNATED FEDERAL OFFICER.—The Director 

9 of the Office of Environmental Justice of the Environ10 mental Protection Agency is designated as the Federal of11 ficer required under section 10(e) of the Federal Advisory 

12 Committee Act (5 U.S.C. App.) for the Advisory Council. 

13 (e) MEETINGS.— 

14 (1) IN GENERAL.—The Advisory Council shall 

15 meet not less frequently than 3 times each calendar 

16 year. 

17 (2) OPEN TO PUBLIC.—Each meeting of the 

18 Advisory Council shall be held open to the public. 

19 (3) DESIGNATED FEDERAL OFFICER.—The des20 ignated Federal officer described in subsection (d) 

21 (or a designee) shall— 

22 (A) be present at each meeting of the Ad23 visory Council; 


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1 (B) ensure that each meeting is conducted 

2 in accordance with an agenda approved in ad3 vance by the designated Federal officer; 

4 (C) provide an opportunity for interested 

5 persons— 

6 (i) to file comments before or after 

7 each meeting of the Advisory Council; or 

8 (ii) to make statements at such a 

9 meeting, to the extent that time permits; 

10 (D) ensure that a representative of the 

11 Working Group and a high-level representative 

12 from each regional office of the Environmental 

13 Protection Agency are invited to, and encour14 aged to attend, each meeting of the Advisory 

15 Council; and 

16 (E) provide technical assistance to States 

17 seeking to establish State-level environmental 

18 justice advisory councils or implement other en19 vironmental justice policies or programs. 

20 (f) RESPONSES FROM ADMINISTRATOR.— 

21 (1) PUBLIC COMMENT INQUIRIES.—The Admin22 istrator shall provide a written response to each in23 quiry submitted to the Administrator by a member 

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1 visory Council by not later than 120 days after the 

2 date of submission. 

3 (2) RECOMMENDATIONS FROM ADVISORY COUN4 CIL.—The Administrator shall provide a written re5 sponse to each recommendation submitted to the Ad6 ministrator by the Advisory Council by not later 

7 than 120 days after the date of submission. 

8 (g) TRAVEL EXPENSES.—A member of the Advisory 

9 Council may be allowed travel expenses, including per 

10 diem in lieu of subsistence, at such rate as the Adminis11 trator determines to be appropriate while away from the 

12 home or regular place of business of the member in the 

13 performance of the duties of the Advisory Council. 

14 (h) DURATION.—The Advisory Council shall remain 

15 in existence unless otherwise provided by law. 

16 SEC. 606. REDUCING DISPROPORTIONATE IMPACTS OF 

17 POLLUTION ON ENVIRONMENTAL JUSTICE 

18 COMMUNITIES. 

19 (a) DEFINITIONS.—Section 501 of the Clean Air Act 

20 (42 U.S.C. 7661) is amended— 

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘As used in this title—’’ and inserting ‘‘In 

23 this title:’’; 

24 (2) by redesignating paragraphs (3) and (4) as 

25 paragraphs (4) and (5), respectively; and 


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1 (3) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) OVERBURDENED CENSUS TRACT.—The 

4 term ‘overburdened census tract’ means a census 

5 tract that— 

6 ‘‘(A) has been identified within the Na7 tional Air Toxics Assessment published by the 

8 Administrator as having a greater than 100 in 

9 1,000,000 total cancer risk; or 

10 ‘‘(B) has been determined to have an an11 nual mean concentration of PM2.5 of greater 

12 than 8 micrograms per cubic meter, as deter13 mined over the most recent 3-year period for 

14 which data are available.’’. 

15 (b) PERMIT PROGRAMS.—Section 502 of the Clean 

16 Air Act (42 U.S.C. 7661a) is amended— 

17 (1) in subsection (a), in the first sentence, by 

18 striking ‘‘parts (C) or (D)’’ and inserting ‘‘part (C) 

19 or (D)’’; and 

20 (2) in subsection (b)— 

21 (A) in the matter preceding paragraph 

22 (1)— 

23 (i) in the first sentence, by striking 

24 ‘‘The Administrator’’ and inserting ‘‘Ex25 cept for the requirements described in 


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1 paragraphs (11) and (12), the Adminis2 trator’’; and 

3 (ii) in the second sentence, by striking 

4 ‘‘These’’ and inserting ‘‘For the require5 ments described in paragraphs (11) and 

6 (12), the Administrator shall promulgate 

7 the regulations required by those para8 graphs as soon as practicable after the 

9 date of enactment of the CLEAN Future 

10 Act. Those’’; 

11 (B) in paragraph (3)(B)(i), by striking 

12 ‘‘subparagraphs (ii) through (v) of this sub13 paragraph’’ and inserting ‘‘clauses (ii) through 

14 (v)’’; 

15 (C) in paragraph (10), in the matter be16 fore the proviso, by striking ‘‘total emissions:’’ 

17 and inserting ‘‘total emissions):’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(11) After the date of enactment of the 

20 CLEAN Future Act, no permit shall be granted by 

21 a permitting authority for a proposed major source 

22 that would be located in an overburdened census 

23 tract. 


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1 ‘‘(12) After January 1, 2025, no permit for a 

2 major source in an overburdened census tract shall 

3 be renewed.’’. 

4 (c) LIST OF OVERBURDENED CENSUS TRACTS.— 

5 (1) IN GENERAL.—Title V of the Clean Air Act 

6 (42 U.S.C. 7661 et seq.) is amended by adding at 

7 the end the following: 

8 ‘‘SEC. 508. LIST OF OVERBURDENED CENSUS TRACTS. 

9 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

10 date of enactment of this section, the Administrator shall 

11 publish in the Federal Register a list of overburdened cen12 sus tracts. 

13 ‘‘(b) UPDATE.—On an annual basis, the Adminis14 trator shall update the list under subsection (a) based on 

15 the most recently available modeling and monitoring 

16 data.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents for title V of the Clean Air Act is amended by 

19 adding after the item relating to section 507 the fol20 lowing: 

‘‘Sec. 508. List of overburdened census tracts.’’. 

21 SEC. 607. ENSURING ENVIRONMENTAL JUSTICE IN THE 

22 DISPOSAL OF HAZARDOUS WASTE. 

23 Section 3006 of the Solid Waste Disposal Act (42 

24 U.S.C. 6926) is amended by adding at the end the fol25 lowing new subsection: 


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1 ‘‘(i) ENVIRONMENTAL JUSTICE.— 

2 ‘‘(1) AUTHORIZATION.—The Administrator may 

3 not authorize a State to administer and enforce a 

4 hazardous waste program under this section unless 

5 the Administrator determines that the State haz6 ardous waste program does not create or exacerbate 

7 disproportionately high or adverse health or environ8 mental effects on populations of color, communities 

9 of color, indigenous communities, or low-income 

10 communities. 

11 ‘‘(2) REVISED GUIDELINES.—Not later than 1 

12 year after the date of enactment of this subsection, 

13 the Administrator shall revise the guidelines issued 

14 pursuant to subsection (a) for purposes of carrying 

15 out paragraph (1) of this subsection. 

16 ‘‘(3) REVISED STATE APPLICATION.—Any State 

17 which has, prior to the date of enactment of this 

18 subsection, received authorization pursuant to sub19 section (b) to administer and enforce a hazardous 

20 waste program may submit a revised application in 

21 accordance with such subsection to demonstrate that 

22 the applicable State hazardous waste program does 

23 not create or exacerbate disproportionately high or 

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1 lations of color, communities of color, indigenous 

2 communities, or low-income communities. 

3 ‘‘(4) DEFINITIONS.—In this subsection: 

4 ‘‘(A) The term ‘community of color’ has 

5 the meaning given that term in section 601 of 

6 the CLEAN Future Act. 

7 ‘‘(B) The term ‘indigenous community’ has 

8 the meaning given that term in section 601 of 

9 the CLEAN Future Act. 

10 ‘‘(C) The term ‘low income’ has the mean11 ing given that term in section 601 of the 

12 CLEAN Future Act. 

13 ‘‘(D) The term ‘low-income community’ 

14 has the meaning given that term in section 601 

15 of the CLEAN Future Act. 

16 ‘‘(E) The term ‘population of color’ has 

17 the meaning given that term in section 601 of 

18 the CLEAN Future Act.’’. 

19 SEC. 608. HAZARDOUS RELEASE COMMUNITY NOTIFICA20 TION. 

21 (a) EMERGENCY NOTIFICATION MEETING.—Section 

22 304(b) of the Emergency Planning and Community Right23 To-Know Act of 1986 (42 U.S.C. 11004(b)) is amended 

24 by adding at the end the following new paragraph: 


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1 ‘‘(3) PUBLIC MEETING.—Not later than 72 

2 hours after a release which requires notice under 

3 subsection (a), the owner or operator of the applica4 ble facility shall— 

5 ‘‘(A) publish a notice in a local newspaper, 

6 with at least 24 hours notice, of a public meet7 ing, including— 

8 ‘‘(i) the date of such meeting; 

9 ‘‘(ii) the time of such meeting; and 

10 ‘‘(iii) the location of such meeting; 

11 and 

12 ‘‘(B) hold such meeting, providing, con13 sistent with section 322, the information re14 quired under paragraph (2), to the extent such 

15 information is known at the time of the meeting 

16 and so long as no delay in responding to the 

17 emergency results.’’. 

18 (b) ANNUAL PUBLIC MEETING.—Subtitle A of the 

19 Emergency Planning and Community Right-To-Know Act 

20 of 1986 (42 U.S.C. 11001 et seq.) is amended by adding 

21 at the end the following new section: 

22 ‘‘SEC. 306. ANNUAL PUBLIC MEETING. 

23 ‘‘Not later than 1 year after the date of enactment 

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1 ator of a facility subject to the requirements of this sub2 title shall— 

3 ‘‘(1) publish a notice in a local newspaper, at 

4 least 7 days in advance, of a public meeting, includ5 ing— 

6 ‘‘(A) the date of such meeting; 

7 ‘‘(B) the time of such meeting; and 

8 ‘‘(C) the location of such meeting; and 

9 ‘‘(2) hold such meeting, providing, consistent 

10 with section 322— 

11 ‘‘(A) the chemical name of each substance 

12 on the list published under section 302(a) that 

13 was present at such facility, in an amount in 

14 excess of the threshold planning quantity estab15 lished for such substance under such section, at 

16 any time in the preceding calendar year; 

17 ‘‘(B) an estimate of the maximum amount 

18 of each such substance present at such facility 

19 during the preceding calendar year; and 

20 ‘‘(C) the details of the methods and proce21 dures to be followed to respond to a release of 

22 such a substance pursuant to the applicable 

23 emergency plan prepared under section 

24 303(c).’’. 


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1 (c) ENFORCEMENT.—Section 325(c)(1) of the Emer2 gency Planning and Community Right-To-Know Act of 

3 1986 (42 U.S.C. 11045(c)(1)) is amended by striking 

4 ‘‘section 312’’ and inserting ‘‘section 306, 312,’’. 

5 (d) CLERICAL AMENDMENT.—The table of contents 

6 in section 300(b) of the Emergency Planning and Commu7 nity Right-To-Know Act of 1986 is amended by adding 

8 after the item relating to section 305 the following: 

‘‘Sec. 306. Annual public meeting.’’. 

9 SEC. 609. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

10 (a) IN GENERAL.—The Administrator shall continue 

11 to carry out the Environmental Justice Small Grants Pro12 gram and the Environmental Justice Collaborative Prob13 lem-Solving Cooperative Agreement Program, as those 

14 programs are in existence on the date of enactment of this 

15 Act. 

16 (b) CARE GRANTS.—The Administrator shall con17 tinue to carry out the Community Action for a Renewed 

18 Environment grant programs I and II, as in existence on 

19 January 1, 2012. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out the programs 

22 described in subsections (a) and (b) $50,000,000 for each 

23 of fiscal years 2022 through 2031. 


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1 SEC. 610. ENVIRONMENTAL JUSTICE COMMUNITY SOLID 

2 WASTE DISPOSAL TECHNICAL ASSISTANCE 

3 GRANTS. 

4 (a) GRANTS.—Subtitle D of the Solid Waste Disposal 

5 Act (42 U.S.C. 6941 et seq.) is amended by adding at 

6 the end the following new section: 

7 ‘‘SEC. 4011. ENVIRONMENTAL JUSTICE COMMUNITY TECH8 NICAL ASSISTANCE GRANTS. 

9 ‘‘(a) IN GENERAL.—The Administrator may award 

10 grants to eligible entities to enable such entities to partici11 pate in decisions impacting the health and safety of their 

12 communities relating to the permitting or permit renewal 

13 of a solid waste disposal facility or hazardous waste facil14 ity. 

15 ‘‘(b) TIMING.— 

16 ‘‘(1) GUIDANCE.—Not later than 12 months 

17 after the date of enactment of this section, the Ad18 ministrator shall publish guidance describing the 

19 process for eligible entities to apply for a grant 

20 under this section, including the required content 

21 and form of applications, the manner in which appli22 cations must be submitted, and any applicable dead23 lines. 

24 ‘‘(2) FIRST GRANT.—Not later than 180 days 

25 after the issuance of guidance under paragraph (1), 


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1 the Administrator shall award the first grant under 

2 this section. 

3 ‘‘(c) ELIGIBLE ENTITY.—To be eligible for a grant 

4 under this section, an applicant shall be a group of individ5 uals who reside in a community that— 

6 ‘‘(1) is a population of color, a community of 

7 color, an indigenous community, or a low-income 

8 community; and 

9 ‘‘(2) is in close proximity to a facility described 

10 in subsection (a) for which a decision relating to a 

11 permit or permit renewal for such facility is re12 quired. 

13 ‘‘(d) USE OF FUNDS.—An eligible entity receiving a 

14 grant under this section shall use the grant to participate 

15 in decisions impacting the health and safety of the commu16 nity involved that are related to the permitting or permit 

17 renewal of a solid waste disposal facility or hazardous 

18 waste facility, including— 

19 ‘‘(1) interpreting information with regard to— 

20 ‘‘(A) cumulative impacts studies; 

21 ‘‘(B) health impacts studies; 

22 ‘‘(C) relevant agency decisions; and 

23 ‘‘(D) operation and maintenance of nec24 essary monitors; and 

25 ‘‘(2) performing environmental monitoring. 


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1 ‘‘(e) LIMITATIONS ON AMOUNT; RENEWAL.— 

2 ‘‘(1) AMOUNT.— 

3 ‘‘(A) IN GENERAL.—The amount of a 

4 grant under this section (excluding any renew5 als of the grant) may not exceed $50,000 for 

6 any grant recipient. 

7 ‘‘(B) EXCEPTION.—The Administrator 

8 may waive the limitation in subparagraph (A) 

9 with respect to an applicant in any case where 

10 the Administrator determines that such waiver 

11 is necessary for the community involved to ob12 tain the necessary technical assistance. 

13 ‘‘(2) RENEWAL.—Grants may be renewed for 

14 each step in the process for the permitting or permit 

15 renewal of a solid waste disposal facility or haz16 ardous waste facility. 

17 ‘‘(f) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘community of color’ has the 

19 meaning given that term in section 601 of the 

20 CLEAN Future Act. 

21 ‘‘(2) The term ‘indigenous community’ has the 

22 meaning given that term in section 601 of the 

23 CLEAN Future Act. 


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1 ‘‘(3) The term ‘low income’ has the meaning 

2 given that term in section 601 of the CLEAN Fu3 ture Act. 

4 ‘‘(4) The term ‘population of color’ has the 

5 meaning given that term in section 601 of the 

6 CLEAN Future Act.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Solid Waste Disposal Act is amended by adding 

9 after the item relating to section 4010 the following: 

‘‘Sec. 4011. Environmental justice community technical assistance grants.’’. 

10 SEC. 611. TRAINING OF EMPLOYEES OF FEDERAL AGEN11 CIES. 

12 (a) INITIAL TRAINING.—Not later than 1 year after 

13 the date of enactment of this Act, each employee of the 

14 Department of Energy, the Environmental Protection 

15 Agency, the Department of the Interior, and the National 

16 Oceanic and Atmospheric Administration shall complete 

17 an environmental justice training program to ensure that 

18 each such employee— 

19 (1) has received training in environmental jus20 tice; and 

21 (2) is capable of— 

22 (A) appropriately incorporating environ23 mental justice concepts into the daily activities 

24 of the employee; and 


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1 (B) increasing the meaningful participation 

2 of individuals from environmental justice com3 munities in the activities of the applicable agen4 cy. 

5 (b) MANDATORY PARTICIPATION.—Effective on the 

6 date that is 1 year after the date of enactment of this 

7 Act, each individual hired by the Department of Energy, 

8 the Environmental Protection Agency, the Department of 

9 the Interior, and the National Oceanic and Atmospheric 

10 Administration after that date shall be required to partici11 pate in environmental justice training. 

12 (c) REQUIREMENT RELATING TO CERTAIN EMPLOY13 EES.— 

14 (1) IN GENERAL.—With respect to each Fed15 eral agency that participates in the Working Group, 

16 not later than 30 days after the date on which an 

17 individual is appointed to the position of environ18 mental justice coordinator, or any other position the 

19 responsibility of which involves the conduct of envi20 ronmental justice activities, the individual shall be 

21 required to possess documentation of the completion 

22 by the individual of environmental justice training. 

23 (2) EVALUATION.—Not later than 3 years after 

24 the date of enactment of this Act, the Inspector 

25 General of each Federal agency that participates in 


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1 the Working Group shall evaluate the training pro2 grams of such Federal agency to determine if such 

3 Federal agency has improved the rate of training of 

4 the employees of such Federal agency to ensure that 

5 each employee has received environmental justice 

6 training. 

7 SEC. 612. ENVIRONMENTAL JUSTICE BASIC TRAINING PRO8 GRAM. 

9 (a) ESTABLISHMENT.—The Administrator shall es10 tablish a basic training program, in coordination and con11 sultation with nongovernmental environmental justice or12 ganizations, to increase the capacity of residents of envi13 ronmental justice communities to identify and address dis14 proportionately adverse human health or environmental ef15 fects by providing culturally and linguistically appro16 priate— 

17 (1) training and education relating to— 

18 (A) basic and advanced techniques for the 

19 detection, assessment, and evaluation of the ef20 fects of hazardous substances on human health; 

21 (B) methods to assess the risks to human 

22 health presented by hazardous substances; 

23 (C) methods and technologies to detect 

24 hazardous substances in the environment; 


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1 (D) basic biological, chemical, and physical 

2 methods to reduce the quantity and toxicity of 

3 hazardous substances; 

4 (E) the rights and safeguards currently af5 forded to individuals through policies and laws 

6 intended to help environmental justice commu7 nities address disparate impacts and discrimi8 nation, including— 

9 (i) laws adopted to protect human 

10 health and the environment; and 

11 (ii) section 602 of the Civil Rights Act 

12 of 1964 (42 U.S.C. 2000d–1); 

13 (F) public engagement opportunities 

14 through the policies and laws described in sub15 paragraph (E); 

16 (G) materials available on the Clearing17 house described in section 613; 

18 (H) methods to expand access to parks 

19 and other natural and recreational amenities; 

20 and 

21 (I) finding and applying for Federal grants 

22 related to environmental justice; and 

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1 cated in close proximity to hazardous substances to 

2 provide— 

3 (A) education relating to— 

4 (i) the proper manner to handle haz5 ardous substances; 

6 (ii) the management of facilities at 

7 which hazardous substances are located 

8 (including facility compliance protocols); 

9 and 

10 (iii) the evaluation of the hazards that 

11 facilities described in clause (ii) pose to 

12 human health; and 

13 (B) training on environmental and occupa14 tional health and safety with respect to the pub15 lic health and engineering aspects of hazardous 

16 waste control. 

17 (b) GRANT PROGRAM.— 

18 (1) ESTABLISHMENT.—In carrying out the 

19 basic training program established under subsection 

20 (a), the Administrator may provide grants to, or 

21 enter into any contract or cooperative agreement 

22 with, an eligible entity to carry out any training or 

23 educational activity described in subsection (a). 

24 (2) ELIGIBLE ENTITY.—To be eligible to receive 

25 assistance under paragraph (1), an eligible entity 


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1 shall be an accredited institution of education in 

2 partnership with— 

3 (A) a community-based organization that 

4 carries out activities relating to environmental 

5 justice; 

6 (B) a generator of hazardous waste; 

7 (C) any individual who is involved in the 

8 detection, assessment, evaluation, or treatment 

9 of hazardous waste; 

10 (D) any owner or operator of a facility at 

11 which hazardous substances are located; or 

12 (E) any State government, Tribal Govern13 ment, or local government. 

14 (c) PLAN.— 

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

16 the date of enactment of this Act, the Administrator, 

17 in consultation with the Director, shall develop and 

18 publish in the Federal Register a plan to carry out 

19 the basic training program established under sub20 section (a). 

21 (2) CONTENTS.—The plan described in para22 graph (1) shall contain— 

23 (A) a list that describes the relative pri24 ority of each activity described in subsection 

25 (a); and 


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1 (B) a description of research and training 

2 relevant to environmental justice issues of com3 munities adversely affected by pollution. 

4 (3) COORDINATION WITH FEDERAL AGEN5 CIES.—The Administrator shall, to the maximum ex6 tent practicable, take appropriate steps to coordinate 

7 the activities of the basic training program described 

8 in the plan with the activities of other Federal agen9 cies to avoid any duplication of effort. 

10 (d) REPORT.— 

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

12 the date of enactment of this Act, and every 2 years 

13 thereafter, the Administrator shall submit to the 

14 Committees on Energy and Commerce and Natural 

15 Resources of the House of Representatives and the 

16 Committees on Environment and Public Works and 

17 Energy and Natural Resources of the Senate a re18 port describing— 

19 (A) the implementation of the basic train20 ing program established under subsection (a); 

21 and 

22 (B) the impact of the basic training pro23 gram on improving training opportunities for 

24 residents of environmental justice communities. 


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1 (2) PUBLIC AVAILABILITY.—The Administrator 

2 shall make the report required under paragraph (1) 

3 available to the public (including by posting a copy 

4 of the report on the website of the Environmental 

5 Protection Agency). 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $10,000,000 for each of fiscal years 2022 through 2031. 

9 SEC. 613. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 

10 (a) ESTABLISHMENT.—Not later than 1 year after 

11 the date of enactment of this Act, the Administrator shall 

12 establish a public internet-based clearinghouse, to be 

13 known as the Environmental Justice Clearinghouse. 

14 (b) CONTENTS.—The Clearinghouse shall be com15 prised of culturally and linguistically appropriate mate16 rials related to environmental justice, including— 

17 (1) information describing the activities con18 ducted by the Environmental Protection Agency to 

19 address issues relating to environmental justice; 

20 (2) copies of training materials provided by the 

21 Administrator to help individuals and employees un22 derstand and carry out environmental justice activi23 ties; 

24 (3) links to web pages that describe environ25 mental justice activities of other Federal agencies; 


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1 (4) a directory of individuals who possess tech2 nical expertise in issues relating to environmental 

3 justice; 

4 (5) a directory of nonprofit and community5 based organizations, including grassroots organiza6 tions led by people of color, that address issues re7 lating to environmental justice at the local, State, 

8 and Federal levels (with particular emphasis given to 

9 nonprofit and community-based organizations that 

10 possess the capability to provide advice or technical 

11 assistance to environmental justice communities); 

12 and 

13 (6) any other appropriate information as deter14 mined by the Administrator, including information 

15 on any resources available to help address the dis16 proportionate burden of adverse human health or en17 vironmental effects on environmental justice commu18 nities. 

19 (c) CONSULTATION.—In developing the Clearing20 house, the Administrator shall consult with individuals 

21 representing academic and community-based organiza22 tions who have expertise in issues relating to environ23 mental justice. 

24 (d) ANNUAL REVIEW.—The Advisory Council shall— 


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1 (1) conduct a review of the Clearinghouse on an 

2 annual basis; and 

3 (2) recommend to the Administrator any up4 dates for the Clearinghouse that the Advisory Coun5 cil determines to be necessary for the effective oper6 ation of the Clearinghouse. 

7 SEC. 614. PUBLIC MEETINGS. 

8 (a) IN GENERAL.—Not later than 2 years after the 

9 date of enactment of this Act, and biennially thereafter, 

10 the Administrator shall hold public meetings on environ11 mental justice issues in each region of the Environmental 

12 Protection Agency to gather public input with respect to 

13 the implementation and updating of environmental justice 

14 strategies and efforts of the Environmental Protection 

15 Agency. 

16 (b) OUTREACH TO ENVIRONMENTAL JUSTICE COM17 MUNITIES.—The Administrator, in advance of the meet18 ings described in subsection (a), shall to the extent prac19 ticable hold multiple meetings in environmental justice 

20 communities in each region to provide meaningful commu21 nity involvement opportunities. 

22 (c) NOTICE.—Notice for the meetings described in 

23 subsections (a) and (b) shall be provided— 


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1 (1) to applicable representative entities or orga2 nizations present in the environmental justice com3 munity including— 

4 (A) local religious organizations; 

5 (B) civic associations and organizations; 

6 (C) business associations of people of color; 

7 (D) environmental and environmental jus8 tice organizations; 

9 (E) homeowners’, tenants’, and neighbor10 hood watch groups; 

11 (F) local and Tribal Governments; 

12 (G) rural cooperatives; 

13 (H) business and trade organizations; 

14 (I) community and social service organiza15 tions; 

16 (J) universities, colleges, and vocational 

17 schools; 

18 (K) labor organizations; 

19 (L) civil rights organizations; 

20 (M) senior citizens’ groups; and 

21 (N) public health agencies and clinics; 

22 (2) through communication methods that are 

23 accessible in the applicable environmental justice 

24 community, which may include electronic media, 

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1 geted at communities of color, low-income commu2 nities, and Tribal and indigenous communities; and 

3 (3) at least 30 days before any such meeting. 

4 (d) COMMUNICATION METHODS AND REQUIRE5 MENTS.—The Administrator shall— 

6 (1) provide translations of any documents made 

7 available to the public pursuant to this section in 

8 any language spoken by more than 5 percent of the 

9 population residing within the applicable environ10 mental justice community, and make available trans11 lation services for meetings upon request; and 

12 (2) not require members of the public to 

13 produce a form of identification or register their 

14 names, provide other information, complete a ques15 tionnaire, or otherwise fulfill any condition precedent 

16 to attending a meeting, but if an attendance list, 

17 register, questionnaire, or other similar document is 

18 utilized during meetings, it shall state clearly that 

19 the signing, registering, or completion of the docu20 ment is voluntary. 

21 (e) REQUIRED ATTENDANCE OF CERTAIN EMPLOY22 EES.—In holding a public meeting under subsection (a), 

23 the Administrator shall ensure that at least 1 employee 

24 of the Environmental Protection Agency at the level of As25 sistant Administrator is present at the meeting to serve 


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1 as a representative of the Environmental Protection Agen2 cy. 

3 SEC. 615. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, 

4 AND TRIBAL GRANT PROGRAMS. 

5 (a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT

6 PROGRAM.— 

7 (1) ESTABLISHMENT.—The Administrator shall 

8 establish a program under which the Administrator 

9 shall provide grants to eligible entities to assist the 

10 eligible entities in— 

11 (A) building capacity to address issues re12 lating to environmental justice; and 

13 (B) carrying out any activity described in 

14 paragraph (4). 

15 (2) ELIGIBILITY.—To be eligible to receive a 

16 grant under paragraph (1), an eligible entity shall be 

17 a nonprofit, community-based organization that con18 ducts activities, including providing medical and pre19 ventive health services, to reduce the dispropor20 tionate health impacts of environmental pollution in 

21 the environmental justice community at which the 

22 eligible entity proposes to conduct an activity that is 

23 the subject of the application described in paragraph 

24 (3). 


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1 (3) APPLICATION.—To be eligible to receive a 

2 grant under paragraph (1), an eligible entity shall 

3 submit to the Administrator an application at such 

4 time, in such manner, and containing such informa5 tion as the Administrator may require, including— 

6 (A) an outline describing the means by 

7 which the project proposed by the eligible entity 

8 will— 

9 (i) with respect to environmental and 

10 public health issues at the local level, in11 crease the understanding of the environ12 mental justice community at which the eli13 gible entity will conduct the project; 

14 (ii) improve the ability of the environ15 mental justice community to address each 

16 issue described in clause (i); 

17 (iii) facilitate collaboration and co18 operation among various stakeholders (in19 cluding members of the environmental jus20 tice community); and 

21 (iv) support the ability of the environ22 mental justice community to proactively 

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1 tiatives, including countering displacement 

2 and gentrification; 

3 (B) a proposed budget for each activity of 

4 the project that is the subject of the applica5 tion; 

6 (C) a list of proposed outcomes with re7 spect to the proposed project; 

8 (D) a description of the ways by which the 

9 eligible entity may leverage the funds of the eli10 gible entity, or the funds made available 

11 through a grant under this subsection, to de12 velop a project that is capable of being sus13 tained beyond the period of the grant; and 

14 (E) a description of the ways by which the 

15 eligible entity is linked to, and representative 

16 of, the environmental justice community at 

17 which the eligible entity will conduct the 

18 project. 

19 (4) USE OF FUNDS.—An eligible entity may 

20 only use a grant under this subsection to carry out 

21 culturally and linguistically appropriate projects and 

22 activities that are driven by the needs, opportunities, 

23 and priorities of the environmental justice commu24 nity at which the eligible entity proposes to conduct 

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1 tice concerns and improve the health or environment 

2 of the environmental justice community, including 

3 activities— 

4 (A) to create or develop collaborative part5 nerships; 

6 (B) to educate and provide outreach serv7 ices to the environmental justice community; 

8 (C) to identify and implement projects to 

9 address environmental or public health con10 cerns; or 

11 (D) to develop a comprehensive under12 standing of environmental or public health 

13 issues. 

14 (5) REPORT.— 

15 (A) IN GENERAL.—Not later than 1 year 

16 after the date of enactment of this Act, and an17 nually thereafter, the Administrator shall sub18 mit to the Committees on Energy and Com19 merce and Natural Resources of the House of 

20 Representatives and the Committees on Envi21 ronment and Public Works and Energy and 

22 Natural Resources of the Senate a report de23 scribing the ways by which the grant program 

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1 based nonprofit organizations address issues re2 lating to environmental justice. 

3 (B) PUBLIC AVAILABILITY.—The Adminis4 trator shall make each report required under 

5 subparagraph (A) available to the public (in6 cluding by posting a copy of the report on the 

7 website of the Environmental Protection Agen8 cy). 

9 (6) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $25,000,000 for each of fiscal years 

12 2022 through 2031. 

13 (b) STATE GRANT PROGRAM.— 

14 (1) ESTABLISHMENT.—The Administrator shall 

15 establish a program under which the Administrator 

16 shall provide grants to States to enable the States— 

17 (A) to establish culturally and linguistically 

18 appropriate protocols, activities, and mecha19 nisms for addressing issues relating to environ20 mental justice; and 

21 (B) to carry out culturally and linguis22 tically appropriate activities to reduce or elimi23 nate disproportionately adverse human health 

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1 ing economic vulnerabilities that result in the 

2 environmental justice communities being dis3 proportionately affected. 

4 (2) ELIGIBILITY.— 

5 (A) APPLICATION.—To be eligible to re6 ceive a grant under paragraph (1), a State shall 

7 submit to the Administrator an application at 

8 such time, in such manner, and containing such 

9 information as the Administrator may require, 

10 including— 

11 (i) a plan that contains a description 

12 of the means by which the funds provided 

13 through a grant under paragraph (1) will 

14 be used to address issues relating to envi15 ronmental justice at the State level; and 

16 (ii) assurances that the funds pro17 vided through a grant under paragraph (1) 

18 will be used only to supplement the 

19 amount of funds that the State allocates 

20 for initiatives relating to environmental 

21 justice. 

22 (B) ABILITY TO CONTINUE PROGRAM.—To 

23 be eligible to receive a grant under paragraph 

24 (1), a State shall demonstrate to the Adminis25 trator that the State has the ability to continue 


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1 each program that is the subject of funds pro2 vided through a grant under paragraph (1) 

3 after receipt of the funds. 

4 (3) REPORT.— 

5 (A) IN GENERAL.—Not later than 1 year 

6 after the date of enactment of this Act, and an7 nually thereafter, the Administrator shall sub8 mit to the Committees on Energy and Com9 merce and Natural Resources of the House of 

10 Representatives and the Committees on Envi11 ronment and Public Works and Energy and 

12 Natural Resources of the Senate a report de13 scribing— 

14 (i) the implementation of the grant 

15 program established under paragraph (1); 

16 (ii) the impact of the grant program 

17 on improving the ability of each partici18 pating State to address environmental jus19 tice issues; and 

20 (iii) the activities carried out by each 

21 State to reduce or eliminate disproportion22 ately adverse human health or environ23 mental effects on environmental justice 

24 communities in the State. 


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1 (B) PUBLIC AVAILABILITY.—The Adminis2 trator shall make each report required under 

3 subparagraph (A) available to the public (in4 cluding by posting a copy of the report on the 

5 website of the Environmental Protection Agen6 cy). 

7 (4) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this subsection $15,000,000 for each of fiscal years 

10 2022 through 2031. 

11 (c) TRIBAL GRANT PROGRAM.— 

12 (1) ESTABLISHMENT.—The Administrator shall 

13 establish a program under which the Administrator 

14 shall provide grants to Tribal Governments to enable 

15 the Indian Tribes— 

16 (A) to establish culturally and linguistically 

17 appropriate protocols, activities, and mecha18 nisms for addressing issues relating to environ19 mental justice; and 

20 (B) to carry out culturally and linguis21 tically appropriate activities to reduce or elimi22 nate disproportionately adverse human health 

23 or environmental effects on environmental jus24 tice communities in Tribal and indigenous com25 munities, including reducing economic 


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1 vulnerabilities that result in the Tribal and in2 digenous communities being disproportionately 

3 affected. 

4 (2) ELIGIBILITY.— 

5 (A) APPLICATION.—To be eligible to re6 ceive a grant under paragraph (1), a Tribal 

7 Government shall submit to the Administrator 

8 an application at such time, in such manner, 

9 and containing such information as the Admin10 istrator may require, including— 

11 (i) a plan that contains a description 

12 of the means by which the funds provided 

13 through a grant under paragraph (1) will 

14 be used to address issues relating to envi15 ronmental justice in Tribal and indigenous 

16 communities; and 

17 (ii) assurances that the funds pro18 vided through a grant under paragraph (1) 

19 will be used only to supplement the 

20 amount of funds that the Tribal Govern21 ment allocates for initiatives relating to en22 vironmental justice. 

23 (B) ABILITY TO CONTINUE PROGRAM.—To 

24 be eligible to receive a grant under paragraph 

25 (1), a Tribal Government shall demonstrate to 


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1 the Administrator that the Tribal Government 

2 has the ability to continue each program that is 

3 the subject of funds provided through a grant 

4 under paragraph (1) after receipt of the funds. 

5 (3) REPORT.— 

6 (A) IN GENERAL.—Not later than 1 year 

7 after the date of enactment of this Act, and an8 nually thereafter, the Administrator shall sub9 mit to the Committees on Energy and Com10 merce and Natural Resources of the House of 

11 Representatives and the Committees on Envi12 ronment and Public Works and Energy and 

13 Natural Resources of the Senate a report de14 scribing— 

15 (i) the implementation of the grant 

16 program established under paragraph (1); 

17 (ii) the impact of the grant program 

18 on improving the ability of each partici19 pating Indian Tribe to address environ20 mental justice issues; and 

21 (iii) the activities carried out by each 

22 Tribal Government to reduce or eliminate 

23 disproportionately adverse human health or 

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1 ronmental justice communities in Tribal 

2 and indigenous communities. 

3 (B) PUBLIC AVAILABILITY.—The Adminis4 trator shall make each report required under 

5 subparagraph (A) available to the public (in6 cluding by posting a copy of the report on the 

7 website of the Environmental Protection Agen8 cy). 

9 (4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $25,000,000 for each of fiscal years 

12 2022 through 2031. 

13 (d) COMMUNITY-BASED PARTICIPATORY RESEARCH

14 GRANT PROGRAM.— 

15 (1) ESTABLISHMENT.—The Administrator, in 

16 consultation with the Director, shall establish a pro17 gram under which the Administrator shall provide 

18 not more than 25 multiyear grants to eligible enti19 ties to carry out community-based participatory re20 search— 

21 (A) to address issues relating to environ22 mental justice; 

23 (B) to improve the environment of resi24 dents and workers in environmental justice 

25 communities; and 


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1 (C) to improve the health outcomes of resi2 dents and workers in environmental justice 

3 communities. 

4 (2) ELIGIBILITY.—To be eligible to receive a 

5 multiyear grant under paragraph (1), an eligible en6 tity shall be a partnership comprised of— 

7 (A) an accredited institution of higher edu8 cation; and 

9 (B) a community-based organization. 

10 (3) APPLICATION.—To be eligible to receive a 

11 multiyear grant under paragraph (1), an eligible en12 tity shall submit to the Administrator an application 

13 at such time, in such manner, and containing such 

14 information as the Administrator may require, in15 cluding— 

16 (A) a detailed description of the partner17 ship of the eligible entity that, as determined by 

18 the Administrator, demonstrates the participa19 tion of members of the community at which the 

20 eligible entity proposes to conduct the research; 

21 and 

22 (B) a description of— 

23 (i) the project proposed by the eligible 

24 entity; and 


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1 (ii) the ways by which the project 

2 will— 

3 (I) address issues relating to en4 vironmental justice; 

5 (II) assist in the improvement of 

6 health outcomes of residents and 

7 workers in environmental justice com8 munities; and 

9 (III) assist in the improvement of 

10 the environment of residents and 

11 workers in environmental justice com12 munities. 

13 (4) PUBLIC AVAILABILITY.—The Administrator 

14 shall make the results of the grants available pro15 vided under this subsection to the public, including 

16 by posting on the website of the Environmental Pro17 tection Agency a copy of the grant awards and an 

18 annual report at the beginning of each fiscal year 

19 describing the research findings associated with each 

20 grant provided under this subsection. 

21 (5) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

23 this subsection $10,000,000 for each of fiscal years 

24 2022 through 2031. 


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1 SEC. 616. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMU2 LATIVE ENVIRONMENTAL STRESSORS. 

3 (a) PROPOSED PROTOCOL.—Not later than 180 days 

4 after the date of enactment of this section, the Adminis5 trator, in consultation with the Advisory Council, shall 

6 publish a proposal for a protocol for assessing and ad7 dressing the cumulative public health risks associated with 

8 multiple environmental stressors. The Administrator shall 

9 allow 90 days for public comment on such proposal. The 

10 environmental stressors addressed under such proposal 

11 shall include— 

12 (1) impacts associated with global climate 

13 change, including extreme heat, extremes in tem14 perature change, drought, wildfires, sea level rise, 

15 flooding, storms, water shortage, food shortage, eco16 system disruption, and the spread of infectious dis17 ease; 

18 (2) exposure to pollutants, emissions, dis19 charges, waste, chemicals, or other materials subject 

20 to regulation under the Clean Air Act, the Federal 

21 Water Pollution Control Act, the Safe Drinking 

22 Water Act, the Toxic Substances Control Act, the 

23 Solid Waste Disposal Act, the Comprehensive Envi24 ronmental Response, Compensation, and Liability 

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1 nity Right-to-Know Act of 1986, and other laws ad2 ministered by the Administrator; and 

3 (3) other environmental stressors determined by 

4 the Administrator to impact public health. 

5 (b) FINAL PROTOCOL.—Not later than 1 year after 

6 the enactment of this section, the Administrator shall pub7 lish the final protocol for assessing and addressing the cu8 mulative public health risks associated with multiple envi9 ronmental stressors. 

10 (c) IMPLEMENTATION.—Not later than 3 years after 

11 the enactment of this section, the Administrator shall im12 plement the protocol described under subsection (b). 

13 SEC. 617. CLIMATE JUSTICE GRANT PROGRAM. 

14 (a) ESTABLISHMENT.—The Administrator shall es15 tablish a program under which the Administrator shall 

16 provide grants to eligible entities to assist the eligible enti17 ties in— 

18 (1) building capacity to address issues relating 

19 to climate justice; and 

20 (2) carrying out any activity described in sub21 section (d). 

22 (b) ELIGIBILITY.—To be eligible to receive a grant 

23 under subsection (a), an eligible entity shall be a Tribal 

24 government, local government, or nonprofit, community25 based organization. 


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1 (c) APPLICATION.—To be eligible to receive a grant 

2 under subsection (a), an eligible entity shall submit to the 

3 Administrator an application at such time, in such man4 ner, and containing such information as the Administrator 

5 may require, including— 

6 (1) an outline describing the means by which 

7 the project proposed by the eligible entity will— 

8 (A) with respect to climate justice issues at 

9 the local level, increase the understanding of 

10 the environmental justice community at which 

11 the eligible entity will conduct the project; 

12 (B) improve the ability of the environ13 mental justice community to address each issue 

14 described in subparagraph (A); 

15 (C) facilitate collaboration and cooperation 

16 among various stakeholders (including members 

17 of the environmental justice community); and 

18 (D) support the ability of the environ19 mental justice community to proactively plan 

20 and implement climate justice initiatives; 

21 (2) a proposed budget for each activity of the 

22 project that is the subject of the application; 

23 (3) a list of proposed outcomes with respect to 

24 the proposed project; 


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1 (4) a description of the ways by which the eligi2 ble entity may leverage the funds of the eligible enti3 ty, or the funds made available through a grant 

4 under this subsection, to develop a project that is ca5 pable of being sustained beyond the period of the 

6 grant; and 

7 (5) a description of the ways by which the eligi8 ble entity is linked to, and representative of, the en9 vironmental justice community at which the eligible 

10 entity will conduct the project. 

11 (d) USE OF FUNDS.—An eligible entity may only use 

12 a grant under this subsection to carry out culturally and 

13 linguistically appropriate projects and activities that are 

14 driven by the needs, opportunities, and priorities of the 

15 environmental justice community at which the eligible en16 tity proposes to conduct the project or activity to address 

17 climate justice concerns of the environmental justice com18 munity, including activities— 

19 (1) to create or develop collaborative partner20 ships; 

21 (2) to educate and provide outreach services to 

22 the environmental justice community on climate jus23 tice; 

24 (3) to identify and implement projects to ad25 dress climate justice concerns, including community 


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1 solar and wind energy projects, energy efficiency, 

2 home and building electrification, home and building 

3 weatherization, energy storage, solar and wind en4 ergy supported microgrids, battery electric vehicles, 

5 electric vehicle charging infrastructure, natural in6 frastructure, and climate resilient infrastructure. 

7 (e) LIMITATIONS ON AMOUNT.—The amount of a 

8 grant under this section may not exceed $2,000,000 for 

9 any grant recipient. 

10 (f) REPORT.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, and annually 

13 thereafter, the Administrator shall submit to the 

14 Committees on Energy and Commerce and Natural 

15 Resources of the House of Representatives and the 

16 Committees on Environment and Public Works and 

17 Energy and Natural Resources of the Senate a re18 port describing the ways by which the grant pro19 gram under this subsection has helped eligible enti20 ties address issues relating to energy and climate 

21 justice. 

22 (2) PUBLIC AVAILABILITY.—The Administrator 

23 shall make each report required under paragraph (1) 

24 available to the public (including by posting a copy 


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1 of the report on the website of the Environmental 

2 Protection Agency). 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this subsection 

5 $1,000,000,000 for each of fiscal years 2022 through 

6 2031. The Administrator may not use more than 2 per7 cent of the amount appropriated for each fiscal year for 

8 administrative expenses, including outreach and technical 

9 assistance to eligible entities. 

10 SEC. 618. OFFICE OF ENERGY EQUITY. 

11 (a) IN GENERAL.—Title II of the Department of En12 ergy Organization Act (42 U.S.C. 7131 et seq.) is amend13 ed by adding at the end the following: 

14 ‘‘SEC. 218. OFFICE OF ENERGY EQUITY. 

15 ‘‘(a) ESTABLISHMENT.—There is established within 

16 the Department an Office of Energy Equity (referred to 

17 in this section as the ‘Office’). The Office shall be headed 

18 by a Director, who shall be appointed by the Secretary 

19 and compensated at a rate equal to that of level IV of 

20 the Executive Schedule under section 5315 of title 5, 

21 United States Code. 

22 ‘‘(b) DUTIES OF THE DIRECTOR.—The Director, in 

23 accordance with Executive Order 12898 (42 U.S.C. 4321 

24 note) and the purposes of this Act, shall provide, direct, 

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1 cation, management, conservation, and delivery programs 

2 of the Department that— 

3 ‘‘(1) promote an agency-wide environmental 

4 justice strategy and interagency collaboration; 

5 ‘‘(2) reduce or stabilize energy costs within un6 derserved or disadvantaged communities; and 

7 ‘‘(3) increase the availability of energy con8 servation measures within underserved or disadvan9 taged communities. 

10 ‘‘(c) DEFINITIONS.—In this section: 

11 ‘‘(1) ENERGY CONSERVATION MEASURES.—The 

12 term ‘energy conservation measures’ means meas13 ures that improve energy efficiency, energy conserva14 tion, or access to renewable energy sources, includ15 ing retrofit activities. 

16 ‘‘(2) COMMUNITY OF COLOR; POPULATION OF

17 COLOR; LOW-INCOME COMMUNITY.—The terms ‘com18 munity of color’, ‘population of color’, and ‘low-in19 come community’ have the meanings given those 

20 terms in section 601 of the CLEAN Future Act. 

21 ‘‘(3) UNDERSERVED OR DISADVANTAGED COM22 MUNITY.—The term ‘underserved or disadvantaged 

23 community’ means— 


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1 ‘‘(A) a community located in a ZIP Code 

2 that includes a census tract that is identified 

3 as— 

4 ‘‘(i) a low-income community; 

5 ‘‘(ii) a community of color; or 

6 ‘‘(iii) a population of color; or 

7 ‘‘(B) any other community that the Sec8 retary determines is disproportionately vulner9 able to, or bears a disproportionate burden of, 

10 any combination of economic, social, and envi11 ronmental stressors. 

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to carry out this section 

14 $20,000,000 for each of fiscal years 2022 through 2031.’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents of the Department of Energy Organization Act is 

17 amended by inserting after the item relating to section 

18 217 the following: 

‘‘Sec. 218. Office of Energy Equity.’’. 

19 Subtitle B—Restoring Regulatory 

20 Protections 

21 SEC. 621. ENHANCING UNDERGROUND INJECTION CON22 TROLS FOR ENHANCED OIL RECOVERY. 

23 Section 1426 of the Safe Drinking Water Act (42 

24 U.S.C. 300h–5) is amended— 


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1 (1) by striking ‘‘(a) Not later than’’ and insert2 ing the following: 

3 ‘‘(a) MONITORING FOR CLASS I WELLS.—Not later 

4 than’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(b) REGULATIONS FOR CLASS VII WELLS.— 

8 ‘‘(1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of the CLEAN Future Act, 

10 the Administrator shall propose regulations for a 

11 new class of wells under this part for enhanced oil 

12 recovery that includes sequestration of carbon diox13 ide. The Administrator shall finalize such regula14 tions not later than 2 years after the date of enact15 ment of the CLEAN Future Act. 

16 ‘‘(2) REQUIREMENTS FOR THE PROTECTION OF

17 UNDERGROUND SOURCES OF DRINKING WATER.— 

18 The regulations promulgated pursuant to paragraph 

19 (1) shall ensure the protection of underground 

20 sources of drinking water from enhanced oil recovery 

21 and include the following minimum requirements: 

22 ‘‘(A) Site characterization, including dem23 onstration that the injection zone and confining 

24 zone have sufficient properties to receive the 


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1 volume of injectate and contain the volumes of 

2 sequestered gas and fluid. 

3 ‘‘(B) Identification of all penetrations in 

4 the area of review and corrective action as 

5 needed to ensure all penetrations in the area of 

6 review have been closed in a manner that pre7 vents the movement of carbon dioxide. 

8 ‘‘(C) Design and construction that pre9 vents the movement of fluids into unauthorized 

10 zones and permits continuous monitoring of the 

11 annulus between the tubing and casing. 

12 ‘‘(D) Testing and monitoring sufficient to 

13 ensure that sequestration of carbon dioxide is 

14 operating as permitted and is not endangering 

15 underground sources of drinking water, includ16 ing periodic monitoring of ground water quality 

17 above the injection zone. 

18 ‘‘(E) Postinjection site care and closure 

19 sufficient to ensure no endangerment of under20 ground sources of drinking water. 

21 ‘‘(3) REQUIREMENTS FOR THE MITIGATION OF

22 GREENHOUSE GAS EMISSIONS.— 

23 ‘‘(A) PERCENTAGES.—The regulations pro24 mulgated pursuant to paragraph (1) shall re25 quire increasing net sequestration of carbon diVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 oxide, on a per-well basis, in permitted wells, 

2 according to the following schedule: 

3 ‘‘(i) Net sequestration of 30 percent 

4 by 2025. 

5 ‘‘(ii) Net sequestration of 50 percent 

6 by 2030. 

7 ‘‘(iii) Net sequestration of 80 percent 

8 by 2035. 

9 ‘‘(iv) Net sequestration of 100 percent 

10 by 2045. 

11 ‘‘(v) Net sequestration of 110 percent 

12 by 2050. 

13 ‘‘(B) ESTIMATES.—The regulations pro14 mulgated pursuant to paragraph (1) may allow 

15 estimates of net sequestration of carbon dioxide 

16 to be based on modeling or monitoring. 

17 ‘‘(4) TRANSITION OF EXISTING CLASS II

18 WELLS.—The regulations promulgated pursuant to 

19 paragraph (1) shall allow for the transition of exist20 ing Class II wells to the class of wells established 

21 pursuant to this subsection upon a showing that 

22 such a well can meet the requirements of such regu23 lations relating to site characterization, penetrations, 

24 testing and monitoring, and postinjection site care 

25 and closure.’’. 


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1 SEC. 622. ENSURING SAFE DISPOSAL OF COAL ASH. 

2 Section 4005(d) of the Solid Waste Disposal Act (42 

3 U.S.C. 6945(d)) is amended— 

4 (1) in paragraph (1)— 

5 (A) in subparagraph (B)— 

6 (i) in the matter preceding clause (i), 

7 by striking ‘‘after public notice and an op8 portunity for public comment’’ and insert9 ing ‘‘after public notice, an opportunity for 

10 public comment, and an opportunity for a 

11 public hearing’’; 

12 (ii) in clause (i), by striking ‘‘; or’’ 

13 and inserting ‘‘; and’’; and 

14 (iii) by amending clause (ii) to read as 

15 follows: 

16 ‘‘(ii) the minimum requirements de17 scribed in paragraph (3).’’; 

18 (B) by amending subparagraph (C) to read 

19 as follows: 

20 ‘‘(C) RETENTION OF STATE AUTHORITY.— 

21 No State or political subdivision may impose 

22 any requirement less stringent than the require23 ments for coal combustion residuals under part 

24 257 of title 40, Code of Federal Regulations (or 

25 successor regulations promulgated pursuant to 

26 sections 1008(a)(3) and 4004(a)). Nothing in 


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1 this subsection shall be construed to prohibit 

2 any State or political subdivision thereof from 

3 imposing any requirements for coal combustion 

4 residuals that are more stringent than those im5 posed by such regulations.’’; 

6 (C) in subparagraph (D)— 

7 (i) in clause (i)(I), by striking ‘‘12’’ 

8 and inserting ‘‘5’’; 

9 (ii) in clause (ii)(II), by inserting 

10 ‘‘clauses (i) and (ii) of’’ before ‘‘subpara11 graph (B)’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(iii) PERIOD FOR CORRECTION OF

15 DEFICIENCIES.—The Administrator shall 

16 include in a notice under clause (ii) a rea17 sonable period for the State to correct the 

18 deficiencies identified under such clause, 

19 which shall not exceed 120 days.’’; and 

20 (D) in subparagraph (E), by inserting ‘‘by 

21 the end of the period included in the notice 

22 under subparagraph (D)(iii)’’ after ‘‘identified 

23 by the Administrator under subparagraph 

24 (D)(ii)’’; 


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1 (2) in paragraph (2)(B), by adding before the 

2 period at the end ‘‘and the minimum requirements 

3 described in paragraph (3)’’; 

4 (3) by amending paragraph (3) to read as fol5 lows: 

6 ‘‘(3) MINIMUM REQUIREMENTS.—In addition to 

7 requiring compliance with the applicable criteria for 

8 coal combustion residuals units under part 257 of 

9 title 40, Code of Federal Regulations (or successor 

10 regulations promulgated pursuant to sections 

11 1008(a)(3) and 4004(a)), a permit program or other 

12 system of prior approval and conditions approved or 

13 implemented by the Administrator under this sub14 section shall, at a minimum— 

15 ‘‘(A) require meaningful (as defined in sec16 tion 601 of the CLEAN Future Act) public 

17 participation in the issuance and renewal of all 

18 permits or other prior approvals, including no19 tice, opportunity to comment, and public hear20 ings; 

21 ‘‘(B) require financial assurance for all 

22 coal combustion residuals units sufficient to 

23 cover closure and corrective actions, with no al24 lowance for self-bonding; 


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1 ‘‘(C) prohibit the continued operation of 

2 unlined impoundments, which shall include all 

3 coal combustion residuals units that fail to meet 

4 the design criteria for new impoundments pur5 suant to part 257 of title 40, Code of Federal 

6 Regulations; 

7 ‘‘(D) limit fugitive dust at coal combustion 

8 residuals units and during closure and correc9 tive action to no more than 35 micrograms per 

10 square meter, or another standard established 

11 by the Administrator that will protect human 

12 health, including the health of vulnerable or dis13 proportionately exposed subpopulations, and re14 quire air monitoring and public reporting to en15 sure such standard is met; 

16 ‘‘(E) require permit or other prior approval 

17 terms that do not exceed 5 years; 

18 ‘‘(F) require permits for closure and cor19 rective action, and deny any permit for closure 

20 that would allow coal combustion residuals to 

21 remain— 

22 ‘‘(i) in contact with ground water; 

23 ‘‘(ii) in a location that does not meet 

24 the requirements for new units under part 


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1 257 of title 40, Code of Federal Regula2 tions; or 

3 ‘‘(iii) in a unit that fails to meet the 

4 design criteria for new impoundments pur5 suant to part 257 of title 40, Code of Fed6 eral Regulations; 

7 ‘‘(G) prohibit, as open dumping, the use of 

8 coal combustion residuals in unencapsulated 

9 uses; 

10 ‘‘(H) require a permit or other prior ap11 proval for any coal combustion residuals unit 

12 that is located on the premises of a coal-burn13 ing electric generating facility and has not been 

14 closed pursuant to the criteria in part 257 of 

15 title 40, Code of Federal Regulations, without 

16 regard to when the unit ceased accepting coal 

17 combustion residuals; 

18 ‘‘(I) require ground water monitoring 

19 methods that are sufficient to detect contami20 nants at levels defined in applicable ground 

21 water protection standards; 

22 ‘‘(J) require ground water monitoring for 

23 all constituents listed in Appendix IV to part 

24 257 of title 40, Code of Federal Regulations, 

25 and boron and hexavalent chromium; 


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1 ‘‘(K) require corrective actions for all con2 tinuing releases at a coal combustion residuals 

3 unit with a permit or other prior approval 

4 under this subsection; and 

5 ‘‘(L) require corrective action beyond facil6 ity boundaries, as needed to protect human 

7 health and the environment, including the 

8 health of vulnerable or disproportionately ex9 posed subpopulations.’’; 

10 (4) in paragraph (5), by adding before the pe11 riod at the end ‘‘and the minimum requirements de12 scribed in paragraph (3)’’; and 

13 (5) by adding at the end the following new 

14 paragraph: 

15 ‘‘(8) REVISION OF REGULATIONS.—Not later 

16 than 2 years after the date of enactment of this 

17 paragraph, the Administrator shall finalize revisions 

18 to the criteria for coal combustion residuals units 

19 under part 257 of title 40, Code of Federal Regula20 tions, to include any other criteria necessary to pro21 tect human health and the environment, including 

22 the health of vulnerable or disproportionately ex23 posed subpopulations.’’. 


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1 SEC. 623. SAFE HYDRATION IS AN AMERICAN RIGHT IN EN2 ERGY DEVELOPMENT. 

3 (a) IN GENERAL.—Section 1421(b)(1) of the Safe 

4 Drinking Water Act (42 U.S.C. 300h(b)(1)) is amended— 

5 (1) in subparagraph (C), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (D), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(E) shall prohibit the underground injection of 

11 fluids or propping agents pursuant to hydraulic frac12 turing operations related to oil, gas, or geothermal 

13 production activities unless the person proposing to 

14 conduct the hydraulic fracturing operations agrees 

15 to conduct testing and report data in accordance 

16 with section 1421A.’’. 

17 (b) TESTING AND REPORTING REQUIREMENTS.— 

18 Part C of the Safe Drinking Water Act is amended by 

19 inserting after section 1421 of such Act (42 U.S.C. 300h) 

20 the following: 

21 ‘‘SEC. 1421A. TESTING OF UNDERGROUND DRINKING 

22 WATER SOURCES IN CONNECTION WITH HY23 DRAULIC FRACTURING OPERATIONS. 

24 ‘‘(a) REQUIREMENTS.—Regulations under section 

25 1421(a) for State underground injection control programs 

26 shall, in connection with the underground injection of 


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1 fluids or propping agents pursuant to hydraulic fracturing 

2 operations related to oil, gas, or geothermal production ac3 tivities, require any person conducting such operations— 

4 ‘‘(1) to conduct testing of underground sources 

5 of drinking water in accordance with subsections (c) 

6 and (d)— 

7 ‘‘(A) with respect to a site where, as of the 

8 date of enactment of this section, underground 

9 injection has not commenced for the first 

10 time— 

11 ‘‘(i) prior to commencement of under12 ground injection at the site for the first 

13 time; 

14 ‘‘(ii) at least once every 6 months dur15 ing the period beginning at the commence16 ment of underground injection described in 

17 clause (i) and ending at the cessation of 

18 such hydraulic fracturing operations; and 

19 ‘‘(iii) at least once every 12 months 

20 during the 5-year period following the end 

21 of the period described in clause (ii); 

22 ‘‘(B) with respect to a site where, as of the 

23 date of enactment of this section, there is no 

24 active underground injection, but underground 

25 injection has previously occurred at the site— 


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1 ‘‘(i) prior to renewing underground in2 jection at the site; 

3 ‘‘(ii) at least once every 6 months dur4 ing the period beginning at such renewal of 

5 underground injection and ending at the 

6 cessation of such hydraulic fracturing oper7 ations; and 

8 ‘‘(iii) at least once every 12 months 

9 during the 5-year period following the end 

10 of the period described in clause (ii); and 

11 ‘‘(C) with respect to a site where, as of the 

12 date of enactment of this section, such hydrau13 lic fracturing operations are occurring— 

14 ‘‘(i) at least once every 6 months dur15 ing the period beginning on the date of en16 actment of this section ending at the ces17 sation of such hydraulic fracturing oper18 ations; and 

19 ‘‘(ii) at least once every 12 months 

20 during the 5-year period following the end 

21 of the period described in clause (i); and 

22 ‘‘(2) to submit reports to the Administrator on 

23 the results of testing under subparagraph (A), (B), 

24 or (C) of paragraph (1) within 2 weeks of such test25 ing. 


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1 ‘‘(b) EXCEPTION.—The testing and reporting re2 quirements of subsection (a) do not apply with respect to 

3 hydraulic fracturing operations if there is no accessible un4 derground source of drinking water within a radius of one 

5 mile of the site where the operations occur. 

6 ‘‘(c) SAMPLING LOCATIONS.—Testing required pur7 suant to subsection (a) shall occur— 

8 ‘‘(1) at all accessible underground sources of 

9 drinking water within a radius of one-half mile of 

10 the site where the hydraulic fracturing operations 

11 occur; and 

12 ‘‘(2) if there is no accessible underground 

13 source of drinking water within such radius, at the 

14 nearest accessible underground source of drinking 

15 water within a radius of one mile of such site. 

16 ‘‘(d) TESTING.—Testing required pursuant to sub17 section (a) shall— 

18 ‘‘(1) be conducted by one or more laboratories 

19 certified pursuant to the Environmental Protection 

20 Agency’s program for certifying laboratories for 

21 analysis of drinking water contaminants; and 

22 ‘‘(2) include testing for any hazardous sub23 stance, pollutant, contaminant, or other factor that 

24 the Administrator determines would indicate damage 

25 associated with hydraulic fracturing operations. 


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1 ‘‘(e) DATABASE; PUBLIC ACCESSIBILITY.— 

2 ‘‘(1) DATABASE.—The Administrator shall es3 tablish and maintain a database of the results re4 ported pursuant to subsection (a)(2). 

5 ‘‘(2) PUBLIC ACCESSIBILITY.—The Adminis6 trator shall make such database publicly accessible 

7 on the website of the Environmental Protection 

8 Agency. 

9 ‘‘(3) PUBLIC SEARCHABILITY.—The Adminis10 trator shall make such database searchable by ZIP 

11 Code, allowing members of the public to easily iden12 tify all sites for which reports are submitted pursu13 ant to subsection (a)(2). 

14 ‘‘(f) DEFINITION.—In this section, the term ‘acces15 sible underground source of drinking water’ means an un16 derground source of drinking water to which the person 

17 conducting the hydraulic fracturing operations can reason18 ably gain access.’’. 

19 (c) CONFORMING AMENDMENT.—Section 

20 1421(d)(1)(B)(ii) of the Safe Drinking Water Act (42 

21 U.S.C. 300h(d)(1)(B)(ii)) is amended by inserting ‘‘except 

22 as provided in subsection (b)(1)(E) of this section and sec23 tion 1421A,’’ before ‘‘the underground injection of fluids 

24 or propping agents (other than diesel fuels) pursuant to 


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1 hydraulic fracturing operations related to oil, gas, or geo2 thermal production activities’’. 

3 SEC. 624. ADDRESSING HAZARDOUS AIR POLLUTION FROM 

4 OIL AND GAS SOURCES. 

5 (a) REPEAL OF EXEMPTION FOR AGGREGATION OF

6 EMISSIONS FROM OIL AND GAS SOURCES.—Section 

7 112(n) of the Clean Air Act (42 U.S.C. 7412(n)) is 

8 amended by striking paragraph (4). 

9 (b) HYDROGEN SULFIDE AS A HAZARDOUS AIR POL10 LUTANT.—The Administrator of the Environmental Pro11 tection Agency shall— 

12 (1) not later than 180 days after the date of 

13 enactment of this Act, issue a final rule adding hy14 drogen sulfide to the list of hazardous air pollutants 

15 under section 112(b) of the Clean Air Act (42 

16 U.S.C. 7412(b)); and 

17 (2) not later than 365 days after a final rule 

18 under paragraph (1) is issued, revise the list under 

19 section 112(c) of such Act (42 U.S.C. 7412(c)) to 

20 include categories and subcategories of major 

21 sources and area sources of hydrogen sulfide, includ22 ing oil and gas wells. 


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1 SEC. 625. CLOSING LOOPHOLES AND ENDING ARBITRARY 

2 AND NEEDLESS EVASION OF REGULATIONS. 

3 (a) IDENTIFICATION OR LISTING, AND REGULATION

4 UNDER SUBTITLE C.—Paragraph (2) of section 3001(b) 

5 of the Solid Waste Disposal Act (42 U.S.C. 6921(b)) is 

6 amended to read as follows: 

7 ‘‘(2) Not later than 1 year after the date of enact8 ment of the CLEAN Future Act, the Administrator 

9 shall— 

10 ‘‘(A) determine whether drilling fluids, pro11 duced waters, and other wastes associated with the 

12 exploration, development, or production of crude oil, 

13 natural gas, or geothermal energy meet the criteria 

14 promulgated under this section for the identification 

15 or listing of hazardous waste; 

16 ‘‘(B) identify or list as hazardous waste any 

17 drilling fluids, produced waters, or other wastes as18 sociated with the exploration, development, or pro19 duction of crude oil, natural gas, or geothermal en20 ergy that the Administrator determines, pursuant to 

21 subparagraph (A), meet the criteria promulgated 

22 under this section for the identification or listing of 

23 hazardous waste; and 

24 ‘‘(C) promulgate regulations under sections 

25 3002, 3003, and 3004 for wastes identified or listed 

26 as hazardous waste pursuant to subparagraph (B), 


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1 except that the Administrator is authorized to mod2 ify the requirements of such sections to take into ac3 count the special characteristics of such wastes so 

4 long as such modified requirements protect human 

5 health and the environment.’’. 

6 (b) REGULATION UNDER SUBTITLE D.—Section 

7 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 

8 6949a(c)) is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘(7) DRILLING FLUIDS, PRODUCED WATERS, 

11 AND OTHER WASTES ASSOCIATED WITH THE EXPLO12 RATION, DEVELOPMENT, OR PRODUCTION OF CRUDE

13 OIL, NATURAL GAS, OR GEOTHERMAL ENERGY.—Not 

14 later than 1 year after the date of enactment of the 

15 CLEAN Future Act, the Administrator shall pro16 mulgate revisions of the criteria promulgated under 

17 section 4004(a) and under section 1008(a)(3) for fa18 cilities that may receive drilling fluids, produced 

19 waters, or other wastes associated with the explo20 ration, development, or production of crude oil, nat21 ural gas, or geothermal energy, that are not identi22 fied or listed as hazardous waste pursuant to section 

23 3001(b)(2). The criteria shall be those necessary to 

24 protect human health and the environment and may 

25 take into account the practicable capability of such 


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1 facilities. At a minimum such revisions for facilities 

2 potentially receiving such wastes should require 

3 ground water monitoring as necessary to detect con4 tamination, establish criteria for the acceptable loca5 tion of new or existing facilities, and provide for cor6 rective action and financial assurance as appro7 priate.’’. 

8 Subtitle C—Infrastructure To 

9 Protect Communities 

10 SEC. 631. CLIMATE IMPACTS FINANCIAL ASSURANCE AND 

11 USER FEES. 

12 (a) LIABILITY.—Section 101(1) of the Comprehen13 sive Environmental Response, Compensation, and Liabil14 ity Act of 1980 (42 U.S.C. 9601(1)) is amended by insert15 ing ‘‘and which has no plausible causal connection to cli16 mate change and its effects’’ after ‘‘foresight’’. 

17 (b) FINANCIAL RESPONSIBILITY.—Section 108 of the 

18 Comprehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (42 U.S.C. 9608) is amended— 

20 (1) in subsection (c)(2), by striking ‘‘subsection 

21 (b)’’ and inserting ‘‘subsection (b) or (e)’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(e)(1) Not later than 4 years after the date of enact25 ment of the CLEAN Future Act, the Administrator shall 


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1 promulgate requirements that classes of facilities establish 

2 and maintain evidence of financial responsibility con3 sistent with the degree and duration of risk associated 

4 with impacts of climate change and extreme weather on 

5 those facilities, including releases of hazardous substances 

6 caused by climate change and extreme weather. 

7 ‘‘(2) Not later than 2 years after the date of enact8 ment of the CLEAN Future Act, the Administrator shall 

9 identify those classes of facilities for which requirements 

10 will first be developed and publish notice of such identi11 fication in the Federal Register. Priority in the develop12 ment of such requirements shall be accorded to those 

13 classes of facilities, owners, and operators which the Ad14 ministrator determines present the highest level of risk of 

15 injury because of climate change and extreme weather. 

16 ‘‘(3) The level of financial responsibility shall be ini17 tially established, and, when necessary, adjusted to protect 

18 against the level of risk which the Administrator in his 

19 discretion believes is appropriate based on the payment ex20 perience of the Fund, commercial insurers, courts settle21 ments and judgments, and voluntary claims satisfaction. 

22 To the maximum extent practicable, the Administrator 

23 shall cooperate with and seek the advice of the commercial 

24 insurance industry in developing financial responsibility 

25 requirements. Financial responsibility may be established 


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1 by any one, or any combination, of the following: insur2 ance, guarantee, surety bond, letter of credit, or qualifica3 tion as a self-insurer. In promulgating requirements under 

4 this section, the Administrator is authorized to specify pol5 icy or other contractual terms, conditions, or defenses 

6 which are necessary, or which are unacceptable, in estab7 lishing such evidence of financial responsibility in order 

8 to effectuate the purposes of this Act. 

9 ‘‘(4) Regulations promulgated under this subsection 

10 shall incrementally impose financial responsibility require11 ments as quickly as can reasonably be achieved but in no 

12 event more than 4 years after the date of promulgation. 

13 Where possible, the level of financial responsibility which 

14 the Administrator believes appropriate as a final require15 ment shall be achieved through incremental, annual in16 creases in the requirements. 

17 ‘‘(5) Where a facility is owned or operated by more 

18 than one person, evidence of financial responsibility cov19 ering the facility may be established and maintained by 

20 one of the owners or operators, or, in consolidated form, 

21 by or on behalf of two or more owners or operators. When 

22 evidence of financial responsibility is established in a con23 solidated form, the proportional share of each participant 

24 shall be shown. The evidence shall be accompanied by a 

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1 half of each participant in submitting and maintaining the 

2 evidence of financial responsibility. 

3 ‘‘(6) The requirements promulgated pursuant to 

4 paragraph (1) shall provide to facilities the ability to re5 duce the level of financial responsibility required by imple6 menting measures that the Administrator determines will 

7 reduce the degree and duration of risk associated with the 

8 impacts of climate change and extreme weather on those 

9 facilities, by reducing the likelihood and magnitude of po10 tential releases of hazardous substances caused by climate 

11 change and extreme weather. 

12 ‘‘(7) The requirements promulgated pursuant to 

13 paragraph (1) shall provide to facilities the ability to pay 

14 a user fee into the Hazardous Substances Trust Fund in 

15 lieu of maintaining financial responsibility under this sec16 tion. Such user fee shall be set by the Administrator at 

17 a level sufficient to address the level of risk identified by 

18 the Administrator under paragraph (3).’’. 

19 SEC. 632. BROWNFIELDS FUNDING. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 104(k)(13) of the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 1980 (42 

23 U.S.C. 9604(k)(13)) is amended to read as follows: 


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1 ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to carry out 

3 this subsection— 

4 ‘‘(A) $350,000,000 for fiscal year 2022; 

5 ‘‘(B) $400,000,000 for fiscal year 2023; 

6 ‘‘(C) $450,000,000 for fiscal year 2024; 

7 ‘‘(D) $500,000,000 for fiscal year 2025; 

8 and 

9 ‘‘(E) $550,000,000 for each of fiscal years 

10 2026 through 2031.’’. 

11 (b) STATE RESPONSE PROGRAMS.—Section 

12 128(a)(3) of the Comprehensive Environmental Response, 

13 Compensation, and Liability Act of 1980 (42 U.S.C. 

14 9628(a)(3)) is amended to read as follows: 

15 ‘‘(3) FUNDING.—There are authorized to be ap16 propriated to carry out this subsection— 

17 ‘‘(A) $70,000,000 for fiscal year 2022; 

18 ‘‘(B) $80,000,000 for fiscal year 2023; 

19 ‘‘(C) $90,000,000 for fiscal year 2024; 

20 ‘‘(D) $100,000,000 for fiscal year 2025; 

21 and 

22 ‘‘(E) $110,000,000 for each of fiscal years 

23 2026 through 2031.’’. 

24 SEC. 633. DRINKING WATER SRF FUNDING. 

25 (a) FUNDING.— 


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1 (1) STATE REVOLVING LOAN FUNDS.—Section 

2 1452(m)(1) of the Safe Drinking Water Act (42 

3 U.S.C. 300j–12(m)(1)) is amended— 

4 (A) in subparagraph (B), by striking 

5 ‘‘and’’; 

6 (B) in subparagraph (C), by striking 

7 ‘‘2021.’’ and inserting ‘‘2021;’’; and 

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

9 ‘‘(D) $4,140,000,000 for fiscal year 2022; 

10 ‘‘(E) $4,800,000,000 for fiscal year 2023; 

11 and 

12 ‘‘(F) $5,500,000,000 for each of fiscal 

13 years 2024 through 2031.’’. 

14 (2) INDIAN RESERVATION DRINKING WATER

15 PROGRAM.—Section 2001(d) of America’s Water In16 frastructure Act of 2018 (Public Law 115–270) is 

17 amended by striking ‘‘2022’’ and inserting ‘‘2031’’. 

18 (3) VOLUNTARY SCHOOL AND CHILD CARE PRO19 GRAM LEAD TESTING GRANT PROGRAM.—Section 

20 1464(d)(8) of the Safe Drinking Water Act (42 

21 U.S.C. 300j–24(d)(8)) is amended by striking ‘‘and 

22 2021’’ and inserting ‘‘through 2031’’. 

23 (4) DRINKING WATER FOUNTAIN REPLACE24 MENT FOR SCHOOLS.—Section 1465(d) of the Safe 


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1 Drinking Water Act (42 U.S.C. 300j–25(d)) is 

2 amended by striking ‘‘2021’’ and inserting ‘‘2031’’. 

3 (5) GRANTS FOR STATE PROGRAMS.—Section 

4 1443(a)(7) of the Safe Drinking Water Act (42 

5 U.S.C. 300j–2(a)(7)) is amended by striking ‘‘and 

6 2021’’ and inserting ‘‘through 2031’’. 

7 (b) AMERICAN IRON AND STEEL PRODUCTS.—Sec8 tion 1452(a)(4)(A) of the Safe Drinking Water Act (42 

9 U.S.C. 300j–12(a)(4)(A)) is amended by striking ‘‘During 

10 fiscal years 2019 through 2023, funds’’ and inserting 

11 ‘‘Funds’’. 

12 SEC. 634. DRINKING WATER SYSTEM RESILIENCE FUNDING. 

13 Section 1433(g)(6) of the Safe Drinking Water Act 

14 (42 U.S.C. 300i–2(g)(6)) is amended— 

15 (1) by striking ‘‘25,000,000’’ and inserting 

16 ‘‘50,000,000’’; and 

17 (2) by striking ‘‘2020 and 2021’’ and inserting 

18 ‘‘2022 through 2031’’. 

19 SEC. 635. PFAS TREATMENT GRANTS. 

20 (a) ESTABLISHMENT OF PFAS INFRASTRUCTURE

21 GRANT PROGRAM.—Part E of the Safe Drinking Water 

22 Act (42 U.S.C. 300j et seq.) is amended by adding at the 

23 end the following new section: 


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1 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS2 TEMS AFFECTED BY PFAS. 

3 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

4 after the date of enactment of this section, the Adminis5 trator shall establish a program to award grants to af6 fected community water systems to pay for capital costs 

7 associated with the implementation of eligible treatment 

8 technologies. 

9 ‘‘(b) APPLICATIONS.— 

10 ‘‘(1) GUIDANCE.—Not later than 12 months 

11 after the date of enactment of this section, the Ad12 ministrator shall publish guidance describing the 

13 form and timing for community water systems to 

14 apply for grants under this section. 

15 ‘‘(2) REQUIRED INFORMATION.—The Adminis16 trator shall require a community water system ap17 plying for a grant under this section to submit— 

18 ‘‘(A) information showing the presence of 

19 PFAS in water of the community water system; 

20 and 

21 ‘‘(B) a certification that the treatment 

22 technology in use by the community water sys23 tem at the time of application is not sufficient 

24 to remove all detectable amounts of PFAS. 

25 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH26 NOLOGIES.—Not later than 150 days after the date of enVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 actment of this section, and every 2 years thereafter, the 

2 Administrator shall publish a list of treatment tech3 nologies that the Administrator determines are effective 

4 at removing all detectable amounts of PFAS from drink5 ing water. 

6 ‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 

7 under this section, the Administrator shall prioritize af8 fected community water systems that— 

9 ‘‘(1) serve a disadvantaged community; 

10 ‘‘(2) will provide at least a 10-percent cost 

11 share for the cost of implementing an eligible treat12 ment technology; or 

13 ‘‘(3) demonstrate the capacity to maintain the 

14 eligible treatment technology to be implemented 

15 using the grant. 

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There is authorized to be 

18 appropriated to carry out this section not more than 

19 $500,000,000 for each of the fiscal years 2022 

20 through 2031. 

21 ‘‘(2) SPECIAL RULE.—Of the amounts author22 ized to be appropriated by paragraph (1), 

23 $25,000,000 are authorized to be appropriated for 

24 each of fiscal years 2022 and 2023 for grants under 

25 subsection (a) to pay for capital costs associated 


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1 with the implementation of eligible treatment tech2 nologies during the period beginning on October 1, 

3 2014, and ending on the date of enactment of this 

4 section. 

5 ‘‘(f) DEFINITIONS.—In this section: 

6 ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 

7 The term ‘affected community water system’ means 

8 a community water system that is affected by the 

9 presence of PFAS in the water in the community 

10 water system. 

11 ‘‘(2) DISADVANTAGED COMMUNITY.—The term 

12 ‘disadvantaged community’ has the meaning given 

13 that term in section 1452. 

14 ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.— 

15 The term ‘eligible treatment technology’ means a 

16 treatment technology included on the list published 

17 under subsection (c).’’. 

18 (b) DEFINITION.— 

19 Section 1401 of the Safe Drinking Water Act 

20 (42 U.S.C. 300f) is amended by adding at the end 

21 the following: 

22 ‘‘(17) PFAS.—The term ‘PFAS’ means a 

23 perfluoroalkyl or polyfluoroalkyl substance with at 

24 least one fully fluorinated carbon atom.’’. 


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1 SEC. 636. NATIONAL PRIORITIES LIST CLEANUP. 

2 (a) LIST.— 

3 (1) IN GENERAL.—Not later than 6 months 

4 after the date of enactment of this section, the Ad5 ministrator of the Environmental Protection Agency 

6 shall create and publish in the Federal Register a 

7 list of each Federal site and facility that is included 

8 in the National Priorities List (published pursuant 

9 to section 105 of the Comprehensive Environmental 

10 Response, Compensation, and Liability Act of 1980 

11 (42 U.S.C. 9605)) that is vulnerable to climate 

12 change. 

13 (2) CONSIDERATIONS.—In creating and pub14 lishing the list under paragraph (1), the Adminis15 trator of the Environmental Protection Agency shall 

16 consider the information provided in the document 

17 published by the Office of Solid Waste and Emer18 gency Response titled ‘‘Climate Change Adaptation 

19 Implementation Plan’’ (June, 2014). 

20 (b) CLEANUP.— 

21 (1) IN GENERAL.—The President shall direct 

22 such Federal agencies that the President determines 

23 appropriate to take response actions under the Com24 prehensive Environmental Response, Compensation, 

25 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 


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1 at each site and facility included in the list created 

2 and published under subsection (a)(1). 

3 (2) DEADLINE.—Any response action taken at 

4 a site or facility under paragraph (1) shall be com5 pleted by the date that is 10 years after the date of 

6 enactment of this section. 

7 SEC. 637. LEAD SERVICE LINE REPLACEMENT. 

8 (a) IN GENERAL.—Section 1452 of the Safe Drink9 ing Water Act (42 U.S.C. 300j–12) is amended by adding 

10 at the end the following: 

11 ‘‘(u) LEAD SERVICE LINE REPLACEMENT.— 

12 ‘‘(1) IN GENERAL.—In addition to the capital13 ization grants to eligible States under subsection 

14 (a)(1), the Administrator shall offer to enter into 

15 agreements with eligible States, Indian Tribes, and 

16 the territories described in subsection (j) to make 

17 capitalization grants, including letters of credit, to 

18 such States, Indian Tribes, and territories under 

19 this subsection to fund the replacement of lead serv20 ice lines. 

21 ‘‘(2) ALLOTMENTS.— 

22 ‘‘(A) STATES.—Funds made available 

23 under this subsection shall be allotted and real24 lotted to the extent practicable, to States as if 


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1 allotted or reallotted under subsection (a)(1) as 

2 a capitalization grant under such subsection. 

3 ‘‘(B) INDIAN TRIBES.—The Administrator 

shall set aside 11 4 ⁄2 percent of the amounts 

5 made available each fiscal year to carry out this 

6 subsection to make grants to Indian Tribes. 

7 ‘‘(C) OTHER AREAS.—The funds made 

8 available under this subsection shall be allotted 

9 to territories described in subsection (j) in ac10 cordance with such subsection. 

11 ‘‘(3) PRIORITY.—Each State that has entered 

12 into a capitalization agreement pursuant to this sec13 tion shall annually prepare a plan that identifies the 

14 intended uses of the amounts made available pursu15 ant to this subsection, which shall— 

16 ‘‘(A) comply with the requirements of sub17 section (b)(2); and 

18 ‘‘(B) provide, to the maximum extent prac19 ticable, that priority for the use of funds be 

20 given to projects that replace lead service lines 

21 serving disadvantaged communities and envi22 ronmental justice communities. 

23 ‘‘(4) AMERICAN MADE IRON AND STEEL AND

24 PREVAILING WAGES.—The requirements of para25 graphs (4) and (5) of subsection (a) shall apply to 


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1 any project carried out in whole or in part with 

2 funds made available under this subsection. 

3 ‘‘(5) LIMITATION.— 

4 ‘‘(A) PROHIBITION ON PARTIAL LINE RE5 PLACEMENT.—None of the funds made avail6 able under this subsection may be used for par7 tial lead service line replacement if, at the con8 clusion of the service line replacement, drinking 

9 water is delivered to a household, or to a prop10 erty under the jurisdiction of a local educational 

11 agency, through a publicly or privately owned 

12 portion of a lead service line. 

13 ‘‘(B) NO HOMEOWNER CONTRIBUTION.— 

14 Any recipient of funds made available under 

15 this subsection shall offer to replace any pri16 vately owned portion of the lead service line at 

17 no cost to the private owner. 

18 ‘‘(6) STATE CONTRIBUTION.—Notwithstanding 

19 subsection (e), agreements under paragraph (1) shall 

20 not require that the State deposit in the State loan 

21 fund from State moneys any contribution before re22 ceiving funds pursuant to this subsection. 

23 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

24 ‘‘(A) IN GENERAL.—There are authorized 

25 to be appropriated to carry out this subsection 


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1 $4,500,000,000 for each of fiscal years 2022 

2 through 2031. Such sums shall remain available 

3 until expended. 

4 ‘‘(B) ADDITIONAL AMOUNTS.—To the ex5 tent amounts authorized to be appropriated 

6 under this subsection in any fiscal year are not 

7 appropriated in that fiscal year, such amounts 

8 are authorized to be appropriated in a subse9 quent fiscal year. Such sums shall remain avail10 able until expended. 

11 ‘‘(8) DEFINITIONS.—For purposes of this sub12 section: 

13 ‘‘(A) DISADVANTAGED COMMUNITY.—The 

14 term ‘disadvantaged community’ has the mean15 ing given such term in subsection (d)(3). 

16 ‘‘(B) ENVIRONMENTAL JUSTICE COMMU17 NITY.—The term ‘environmental justice com18 munity’ has the meaning given that term in sec19 tion 601 of the CLEAN Future Act. 

20 ‘‘(C) LEAD SERVICE LINE.—The term 

21 ‘lead service line’ means a pipe and its fittings, 

22 which are not lead free (as defined in section 

23 1417(d)), that connect the drinking water main 

24 to the building inlet.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 

2 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 

3 300j–12(m)(1)) is amended by striking ‘‘(a)(2)(G) and 

4 (t)’’ and inserting ‘‘(a)(2)(G), (t), and (u)’’. 

5 Subtitle D—Climate Public Health 

6 Protection 

7 SEC. 641. SENSE OF CONGRESS ON PUBLIC HEALTH AND 

8 CLIMATE CHANGE. 

9 It is the sense of Congress that— 

10 (1) climate change is real; 

11 (2) human activity significantly contributes to 

12 climate change; 

13 (3) climate change negatively impacts health; 

14 (4) climate change disproportionately impacts 

15 communities of color and low-income communities; 

16 and 

17 (5) the Federal Government, in cooperation 

18 with international, State, Tribal, and local govern19 ments, concerned public, private, and Native Amer20 ican organizations, and citizens, should use all prac21 ticable means and measures— 

22 (A) to assist the efforts of public health 

23 and health care professionals, first responders, 

24 health care systems, States, the District of Co25 lumbia, territories, municipalities, and Native 


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1 American and local communities to incorporate 

2 measures to prepare public health and health 

3 care systems to respond to the impacts of cli4 mate change; 

5 (B) to ensure— 

6 (i) that the Nation’s public health and 

7 health care professionals have sufficient in8 formation to prepare for and respond to 

9 the adverse health impacts of climate 

10 change; 

11 (ii) the application of scientific re12 search in advancing understanding of— 

13 (I) the health impacts of climate 

14 change; and 

15 (II) strategies to prepare for and 

16 respond to the health impacts of cli17 mate change; 

18 (iii) the identification of communities 

19 and populations vulnerable to the health 

20 impacts of climate change, including in21 fants, children, pregnant women, the elder22 ly, individuals with disabilities or pre23 existing illnesses, low-income populations, 

24 and unhoused individuals, and the develop25 ment of strategic response plans to be carVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ried out by public health and health care 

2 professionals for those communities; 

3 (iv) the improvement of health status 

4 and health equity through efforts to pre5 pare for and respond to climate change; 

6 and 

7 (v) the inclusion of health impacts in 

8 the development of climate change re9 sponses; 

10 (C) to encourage further research, inter11 disciplinary partnership, and collaboration 

12 among stakeholders in order to— 

13 (i) understand and monitor the health 

14 impacts of climate change; 

15 (ii) improve public health knowledge 

16 and response strategies to climate change; 

17 (iii) identify actions and policies that 

18 are beneficial to health and that mitigate 

19 climate health impacts; and 

20 (iv) develop strategies to address 

21 water-, food-, and vector-borne infectious 

22 diseases and other public health emer23 gencies; 


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1 (D) to enhance preparedness activities, and 

2 health care and public health infrastructure, re3 lating to climate change and health; 

4 (E) to encourage each and every commu5 nity to learn about the impacts of climate 

6 change on health; and 

7 (F) to assist the efforts of developing na8 tions to incorporate measures to prepare public 

9 health and health care systems to respond to 

10 the impacts of climate change. 

11 SEC. 642. RELATIONSHIP TO OTHER LAWS. 

12 Nothing in this subtitle limits the authority provided 

13 to or responsibility conferred on any Federal department 

14 or agency by any provision of any law (including regula15 tions) or authorizes any violation of any provision of any 

16 law (including regulations), including any health, energy, 

17 environmental, transportation, or any other law or regula18 tion. 

19 SEC. 643. NATIONAL STRATEGIC ACTION PLAN AND PRO20 GRAM. 

21 (a) REQUIREMENT.— 

22 (1) IN GENERAL.—The Secretary of Health and 

23 Human Services (referred to in this subtitle as the 

24 ‘‘Secretary’’), on the basis of the best available 

25 science, and in consultation pursuant to paragraph 


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1 (2), shall publish a strategic action plan and estab2 lish a program to ensure the public health and 

3 health care systems are prepared for and can re4 spond to the impacts of climate change on health in 

5 the United States and other nations. 

6 (2) CONSULTATION.—In developing or making 

7 any revision to the national strategic action plan and 

8 program, the Secretary shall— 

9 (A) consult with the Director of the Cen10 ters for Disease Control and Prevention, the 

11 Administrator of the Environmental Protection 

12 Agency, the Director of the National Institutes 

13 of Health, the Under Secretary of Commerce 

14 for Oceans and Atmosphere, the Administrator 

15 of the National Aeronautics and Space Admin16 istration, the Director of the Indian Health 

17 Service, the Secretary of Defense, the Secretary 

18 of State, the Secretary of Veterans Affairs, the 

19 Secretary of Agriculture, the Secretary of En20 ergy, and the Director of the National Science 

21 Foundation, other appropriate Federal agen22 cies, Indian Tribes, State and local govern23 ments, territories, public health organizations, 

24 scientists, representatives of at-risk populations, 

25 and other interested stakeholders; and 


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1 (B) provide opportunity for public input 

2 and consultation with Indian Tribes and Native 

3 American organizations. 

4 (b) ACTIVITIES.— 

5 (1) NATIONAL STRATEGIC ACTION PLAN.—Not 

6 later than 2 years after the date of enactment of 

7 this Act, the Secretary, acting through the Director 

8 of the Centers for Disease Control and Prevention, 

9 and in collaboration with other Federal agencies as 

10 appropriate, shall, on the basis of the best available 

11 science, and in consultation with the entities de12 scribed in subsection (a)(2), publish a national stra13 tegic action plan under paragraph (2) to guide the 

14 climate and health program and assist public health 

15 and health care professionals in preparing for and 

16 responding to the impacts of climate change on pub17 lic health in the United States and other nations, 

18 particularly developing nations. 

19 (2) ASSESSMENT OF HEALTH SYSTEM CAPAC20 ITY.—The national strategic action plan shall in21 clude an assessment of the health system capacity of 

22 the United States to address climate change includ23 ing— 


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1 (A) identifying and prioritizing commu2 nities and populations vulnerable to the health 

3 impacts of climate change; 

4 (B) providing outreach and communication 

5 aimed at public health and health care profes6 sionals and the public to promote preparedness 

7 and response strategies; 

8 (C) providing for programs across Federal 

9 agencies to advance research related to the im10 pacts of climate change on health; 

11 (D) identifying and assessing existing pre12 paredness and response strategies for the health 

13 impacts of climate change; 

14 (E) prioritizing critical public health and 

15 health care infrastructure projects; 

16 (F) providing modeling and forecasting 

17 tools of climate change health impacts, includ18 ing local impacts where possible; 

19 (G) establishing academic and regional 

20 centers of excellence; 

21 (H) providing technical assistance and sup22 port for preparedness and response plans for 

23 the health threats of climate change in States, 

24 municipalities, territories, Indian Tribes, and 

25 developing nations; and 


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1 (I) developing, improving, integrating, and 

2 maintaining domestic and international disease 

3 surveillance systems and monitoring capacity to 

4 respond to health-related impacts of climate 

5 change, including on topics addressing— 

6 (i) water-, food-, and vector-borne in7 fectious diseases and climate change; 

8 (ii) pulmonary effects, including re9 sponses to aeroallergens and toxic expo10 sures; 

11 (iii) cardiovascular effects, including 

12 impacts of temperature extremes; 

13 (iv) air pollution health effects, includ14 ing heightened sensitivity to air pollution; 

15 (v) harmful algal blooms; 

16 (vi) mental and behavioral health im17 pacts of climate change; 

18 (vii) the health of migrants, refugees, 

19 displaced persons, and vulnerable commu20 nities; 

21 (viii) the implications for communities 

22 and populations vulnerable to the health 

23 effects of climate change, as well as strate24 gies for responding to climate change with25 in these communities; 


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1 (ix) Tribal, local, and community2 based health interventions for climate-re3 lated health impacts; 

4 (x) extreme heat and weather events, 

5 including drought; 

6 (xi) decreased nutritional value of 

7 crops; and 

8 (xii) disruptions in access to routine 

9 and acute medical care. 

10 (3) CLIMATE AND HEALTH PROGRAM.—The 

11 Secretary, acting through the Director of the Cen12 ters for Disease Control and Prevention, and in col13 laboration with other Federal agencies, as appro14 priate, shall ensure that the climate and health pro15 gram established under this section addresses pri16 ority health actions including the following: 

17 (A) Serve as a credible source of informa18 tion on the physical, mental, and behavioral 

19 health consequences of climate change for the 

20 United States population and globally. 

21 (B) Track data on environmental condi22 tions, disease risks, and disease occurrence re23 lated to climate change. 


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1 (C) Expand capacity for modeling and 

2 forecasting health effects that may be climate3 related. 

4 (D) Enhance the science base to better un5 derstand the relationship between climate 

6 change and health outcomes. 

7 (E) Identify locations and population 

8 groups at greatest risk for specific health 

9 threats and effects, such as increased heat 

10 stress, degraded air and water quality, food- or 

11 water-related infections, vector-borne illnesses, 

12 pulmonary and cardiovascular effects, mental 

13 and behavioral health effects, and food, water, 

14 and nutrient insecurity. 

15 (F) Communicate the health-related as16 pects of climate change, including risks and as17 sociated costs and ways to reduce them, to the 

18 public, decision makers, public health profes19 sionals, and health care providers. 

20 (G) Develop partnerships with other gov21 ernment agencies, the private sector, non22 governmental organizations, universities, and 

23 international organizations to more effectively 

24 address domestic and global health aspects of 

25 climate change. 


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1 (H) Provide leadership to State and local 

2 governments, community leaders, health care 

3 professionals, nongovernmental organizations, 

4 environmental justice networks, faith-based 

5 communities, the private sector, and the public, 

6 domestically and internationally, regarding 

7 health protection from climate change effects. 

8 (I) Develop and implement preparedness 

9 and response plans for health threats such as 

10 heat waves, severe weather events, and infec11 tious diseases. 

12 (J) Provide technical advice and support to 

13 State and local health departments, the private 

14 sector, and others in developing and imple15 menting national and global preparedness meas16 ures related to the health effects of climate 

17 change. 

18 (K) Promote workforce development by 

19 helping to ensure the training of a new genera20 tion of competent, experienced public health 

21 and health care professionals to respond to the 

22 health threats posed by climate change. 

23 (c) PERIODIC ASSESSMENT AND REVISION.—Not 

24 later than 4 years after the date of enactment of this Act, 

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1 cally assess, and revise as necessary, the national strategic 

2 action plan under subsection (b)(1) and the climate and 

3 health program under subsection (b)(1), to reflect new in4 formation collected pursuant to the implementation of the 

5 national strategic action plan and program and otherwise, 

6 including information on— 

7 (1) the status of critical environmental health 

8 indicators and related human health impacts; 

9 (2) the impacts of climate change on public 

10 health; and 

11 (3) advances in the development of strategies 

12 for preparing for and responding to the impacts of 

13 climate change on public health. 

14 (d) IMPLEMENTATION.— 

15 (1) IMPLEMENTATION THROUGH HHS.—The 

16 Secretary shall exercise the Secretary’s authority 

17 under this Act and other Federal statutes to achieve 

18 the goals and measures of the national strategic ac19 tion plan and climate and health program. 

20 (2) OTHER PUBLIC HEALTH PROGRAMS AND

21 INITIATIVES.—The Secretary and Federal officials of 

22 other relevant Federal agencies shall administer 

23 public health programs and initiatives authorized by 

24 laws other than this Act, subject to the requirements 

25 of such laws, in a manner designed to achieve the 


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1 goals of the national strategic action plan and cli2 mate and health program. 

3 SEC. 644. ADVISORY BOARD. 

4 (a) ESTABLISHMENT.—The Secretary shall, pursuant 

5 to the Federal Advisory Committee Act (5 U.S.C. App.), 

6 establish a permanent science advisory board to be com7 prised of not less than 10 and not more than 20 members. 

8 (b) APPOINTMENT OF MEMBERS.—The Secretary 

9 shall appoint the members of the science advisory board 

10 from among individuals who— 

11 (1) are recommended by the President of the 

12 National Academy of Sciences and the President of 

13 the National Academy of Medicine; and 

14 (2) have expertise in essential public health and 

15 health care services, including those related to vul16 nerable populations, climate change, and other rel17 evant disciplines. 

18 (c) EXPERIENCE.—In appointing the members of the 

19 science advisory board, the Secretary shall ensure that the 

20 science advisory board includes members with practical or 

21 lived experience with relevant issues. 

22 (d) FUNCTIONS.—The science advisory board shall— 

23 (1) provide scientific and technical advice and 

24 recommendations to the Secretary on the domestic 

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1 lic health, populations and regions particularly vul2 nerable to the effects of climate change, and strate3 gies and mechanisms to prepare for and respond to 

4 the impacts of climate change on public health; and 

5 (2) advise the Secretary regarding the best 

6 science available for purposes of issuing the national 

7 strategic action plan and conducting the climate and 

8 health program. 

9 SEC. 645. CLIMATE CHANGE HEALTH PROTECTION AND 

10 PROMOTION REPORTS. 

11 (a) IN GENERAL.—The Secretary shall offer to enter 

12 into an agreement with the National Academies, under 

13 which the National Academies will prepare periodic re14 ports to aid public health and health care professionals 

15 in preparing for and responding to the adverse health ef16 fects of climate change that— 

17 (1) review scientific developments on health im18 pacts of climate change; and 

19 (2) recommend changes to the national stra20 tegic action plan and climate and health program. 

21 (b) SUBMISSION.—The agreement under subsection 

22 (a) shall require a report to be submitted to Congress and 

23 the Secretary and made publicly available not later than 

24 2 years after the date of enactment of this Act, and every 

25 4 years thereafter. 


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1 Subtitle E—Public Health Air 

2 Quality Infrastructure 

3 SEC. 651. HEALTH EMERGENCY AIR TOXICS MONITORING. 

4 (a) MONITORING.—Not later than 365 days after the 

5 date of enactment of this Act, the Administrator shall 

6 carry out a program to administer or conduct, pursuant 

7 to authority provided under the Clean Air Act (42 U.S.C. 

8 7401 et seq.), including section 114 of such Act (42 

9 U.S.C. 7414), the best available form of fenceline moni10 toring of stationary sources of hazardous air pollutants 

11 that are on the list developed under subsection (c). 

12 (b) PUBLICATION OF RESULTS.—The Administrator 

13 shall publish and maintain the results of all fenceline mon14 itoring conducted under the program under subsection (a) 

15 on the website of the Environmental Protection Agency 

16 for a period of at least 5 years. 

17 (c) LIST OF SOURCES.— 

18 (1) DEVELOPMENT.—The Administrator shall 

19 develop a list of stationary sources of hazardous air 

20 pollutants that includes— 

21 (A) the 25 high-priority facilities listed in 

22 Appendix A of the Environmental Protection 

23 Agency’s Office of Inspector General Report 

24 #20–N–0128 (March 31, 2020); and 


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1 (B) at least another 25 major sources or 

2 synthetic area sources. 

3 (2) REQUIREMENTS.—The Administrator may 

4 include a stationary source on the list developed 

5 under paragraph (1) only if the source— 

6 (A) emits at least one of the pollutants de7 scribed in paragraph (3); 

8 (B) is— 

9 (i) located in, or within 3 miles of, a 

10 census tract with— 

11 (I) a cancer risk of at least 100- 

12 in-1 million; or 

13 (II) a chronic non-cancer hazard 

14 index that is above 1 based on the 

15 most recent National Air Toxics As16 sessment; or 

17 (ii) in a source category with— 

18 (I) a cancer risk that is at least 

19 50-in-1 million; 

20 (II) a total organ-specific hazard 

21 index for chronic non-cancer risk that 

22 is greater than 1; or 

23 (III) an acute risk hazard 

24 quotient that is greater than 1; and 

25 (C) is— 


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1 (i) classified in one or more of North 

2 American Industry Classification System 

3 codes 322, 324, 325; or 

4 (ii) required to prepare and implement 

5 a risk management plan pursuant to sec6 tion 112(r) of the Clean Air Act (42 

7 U.S.C. 7412(r)) and had an accidental re8 lease required to be reported during the 

9 previous 3 years pursuant to section 68.42 

10 or 68.195 of title 40 Code of Federal Reg11 ulations (as in effect on the date of enact12 ment of this Act). 

13 (3) POLLUTANTS.—The pollutants described in 

14 this paragraph are ethylene oxide, chloroprene, ben15 zene, 1,3-butadiene, and formaldehyde. 

16 (d) METHODS AND TECHNOLOGIES.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), in carrying out the program under sub19 section (a), the Administrator shall— 

20 (A) for each stationary source on the list 

21 developed under subsection (c)(1), employ, as 

22 necessary to monitor the pollutants described in 

23 subsection (c)(3) emitted by such stationary 

24 source, at least— 


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1 (i) Method 325A and Method 325B; 

2 and 

3 (ii) Method TO–15; and 

4 (B) for each of the 10 stationary sources 

5 on such list that either emit the greatest volume 

6 of pollutants described in subsection (c)(3), or 

7 cause the greatest health risk as determined by 

8 the Administrator based on a residual risk as9 sessment performed pursuant to section 

10 112(f)(2) of the Clean Air Act (42 U.S.C. 

11 7412(f)(2)) or based on the most recent Na12 tional Air Toxics Assessment due to such emis13 sions individually, as a group, or cumulatively 

14 with all hazardous air pollutants emitted by 

15 such sources, and for any other stationary 

16 source on such list for which application of the 

17 methods described in subparagraph (A) alone 

18 will not be sufficient to monitor and report any 

19 such pollutants that are emitted by such sta20 tionary source, employ— 

21 (i) optical remote sensing technology 

22 to provide real-time measurements of air 

23 pollutant concentrations along an open24 path; or 


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1 (ii) other monitoring technology with 

2 the ability to provide real-time spatial and 

3 temporal data to understand the type and 

4 amount of emissions. 

5 (2) UPDATES.— 

6 (A) METHOD 325A AND METHOD 325B.—If 

7 the Administrator determines it necessary to 

8 update Method 325A and Method 325B to im9 plement this section, the Administrator shall 

10 update such Method 325A and Method 325B 

11 not later than 180 days after the date of enact12 ment of this Act. 

13 (B) NEW TEST METHOD.—If the Adminis14 trator determines it necessary to approve a new 

15 test method to implement this section, the Ad16 ministrator shall finalize such a method not 

17 later than 1 year after the date of enactment of 

18 this Act. 

19 (e) REPORT.—Not later than 3 years after the date 

20 of enactment of this Act, the Administrator shall report 

21 on the results of the program carried out under subsection 

22 (a), including— 

23 (1) the results of fenceline monitoring imple24 mented under the program under subsection (a); 


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1 (2) any enforcement, regulatory, or permitting 

2 actions taken based on such fenceline monitoring; 

3 and 

4 (3) whether the Administrator proposes to con5 tinue fenceline monitoring at any or all of the sta6 tionary sources on the list developed under sub7 section (c)(1), or to implement fenceline monitoring 

8 of any additional stationary sources as determined 

9 under subsection (f). 

10 (f) DETERMINATION REGARDING ADDITIONAL

11 SOURCES.—Not later than 6 years after the date of enact12 ment of this Act, the Administrator shall make a deter13 mination, and publish such determination in the Federal 

14 Register, on whether to add fenceline monitoring for any 

15 stationary sources to— 

16 (1) ensure compliance of such stationary 

17 sources with existing emission standards under sec18 tion 112 of the Clean Air Act (42 U.S.C. 7412); 

19 (2) prevent accidental releases; or 

20 (3) protect the health of the communities most 

21 exposed to the emissions of hazardous air pollutants 

22 from such stationary sources to the greatest extent 

23 possible. 

24 (g) DETERMINATION REGARDING EMISSION FAC25 TORS.—Not later than 6 years after the date of enactment 


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1 of this Act, the Administrator shall complete an evaluation 

2 and promulgate a determination whether any existing 

3 emission factors must be updated to better reflect or ac4 count for the results of fenceline monitoring data collected 

5 pursuant to Method 325A or 325B or the program under 

6 subsection (a). 

7 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $73,000,000 for fiscal year 2022, to remain available until 

10 expended. 

11 SEC. 652. COMMUNITY AIR TOXICS MONITORING. 

12 (a) REGULATIONS.—Not later than one year after the 

13 date of enactment of this Act, the Administrator shall pro14 mulgate regulations pursuant to section 112(d) of the 

15 Clean Air Act (42 U.S.C. 7412(d)) for each source cat16 egory described in subsection (b), that— 

17 (1) require all sources in such source category 

18 to implement the best available form of continuous 

19 emissions monitoring and fenceline monitoring to as20 sure compliance with the emission standards for haz21 ardous air pollutants; 

22 (2) for facilities in such source category that 

23 are required to submit risk management plans under 

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1 dental releases and provide for effective emergency 

2 response; 

3 (3) establish a corrective action level at the 

4 fenceline for at least the top 3 hazardous air pollut5 ants that drive the cancer, chronic non-cancer, or 

6 acute risk for the source category; and 

7 (4) require a root cause analysis and con8 sequences if such corrective action level is exceeded. 

9 (b) SOURCE CATEGORIES.—The source categories de10 scribed in this subsection shall include each category or 

11 subcategory of major sources or area sources containing— 

12 (1) at least one of the stationary sources of 

13 hazardous air pollutants that are on the list devel14 oped under section 651(c); 

15 (2) major sources or area sources identified in 

16 the most recent National Emissions Inventory of the 

17 Environmental Protection Agency as emitting ethyl18 ene oxide, chloroprene, 1,3-butadiene, benzene, or 

19 formaldehyde; 

20 (3) chemical, petrochemical, or plastics manu21 facturing sources or marine vessel loading oper22 ations; and 

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1 ordered or statutory deadline, engaged in a reconsid2 eration proceeding, or subject to a court remand to, 

3 not later than 2 years after the date of enactment 

4 of this Act, review and determine whether to revise 

5 the emissions standards that apply to such sources. 

6 (c) DETERMINATION OF BEST AVAILABLE FORM OF

7 MONITORING.—The Administrator, in consultation with 

8 the Office of Air Quality Planning and Standards, the Of9 fice of Enforcement and Compliance Assurance, and the 

10 Office of Environmental Justice, shall, for purposes of the 

11 regulations promulgated pursuant to subsection (a), deter12 mine the best available form of continuous emissions mon13 itoring and fenceline monitoring and shall ensure the 

14 methods required are at least as stringent as Method 

15 325A and Method 325B. 

16 (d) METHODS AND TECHNOLOGIES.—For all sta17 tionary sources in the source categories under subsection 

18 (b), the Administrator shall, in the regulations promul19 gated pursuant to subsection (a)— 

20 (1) require application, implementation, or em21 ployment of— 

22 (A) Method TO–15 or optical remote sens23 ing technology to provide real-time measure24 ments of air pollutant concentrations along an 

25 open-path; or 


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1 (B) other monitoring technology with the 

2 ability to provide real-time spatial and temporal 

3 data to understand the type and amount of 

4 emissions; or 

5 (2) provide an explanation of why application of 

6 Method TO–15 or the technologies described in 

7 paragraph (1) is not necessary— 

8 (A) to assure compliance with the emission 

9 standards established under the regulations 

10 promulgated pursuant to subsections (d) and 

11 (f) of section 112 of the Clean Air Act (42 

12 U.S.C. 7412), as applicable; or 

13 (B) to protect the public health. 

14 (e) PRECAUTIONARY APPROACH.—In promulgating 

15 the corrective action level for each of the hazardous air 

16 pollutants described in subsection (a)(3), the Adminis17 trator shall take a precautionary approach to ensure that, 

18 if the monitored concentration at the fenceline hits a level 

19 that has potential to cause any person to experience im20 paired quality of life, become ill, or die from cancer or 

21 any other chronic or acute health impairment related to 

22 short- or long-term air pollution exposure (including any 

23 fetal exposure that begins in utero), that the facility must 

24 reduce its emissions to prevent such harm. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $17,500,000 for fiscal year 2022, to remain available until 

4 expended. 

5 SEC. 653. CRITERIA POLLUTANT/NAAQS MONITORING NET6 WORK. 

7 (a) DEPLOYMENT OF NCORE MULTIPOLLUTANT

8 MONITORING STATIONS.—The Administrator shall re9 quire the deployment of an additional 80 NCore multi10 pollutant monitoring stations. 

11 (b) DEADLINE.—Not later than 12 months after the 

12 date of enactment of this Act, the Administrator shall en13 sure all NCore multipollutant monitoring stations required 

14 to be deployed under subsection (a) are installed and inte15 grated into the air quality monitoring system established 

16 pursuant to section 319 of the Clean Air Act (42 U.S.C. 

17 7619). 

18 (c) MONITORING RESULTS.—Monitoring results from 

19 NCore multipollutant stations deployed pursuant to sub20 section (a) shall be used for purposes of comparison to 

21 national ambient air quality standards, and for such other 

22 purposes as the Administrator determines will promote the 

23 protection of public health from air pollution. 

24 (d) LOCATIONS.— 

25 (1) VULNERABLE POPULATIONS.— 


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1 (A) CENSUS TRACTS.—The Administrator 

2 shall ensure that at least 40 of the NCore 

3 multipollutant monitoring stations required 

4 under subsection (a) are sited in census tracts 

5 that each meet one or more of the following cri6 teria: 

7 (i) The rates of childhood asthma, 

8 adult asthma, chronic obstructive pul9 monary disease, heart disease, or cancer 

10 are higher than the national average for 

11 such condition in the census tract. 

12 (ii) The percentage of people living 

13 below the poverty level, that are above age 

14 18 without a high school diploma, or that 

15 are unemployed, is higher than the na16 tional average in the census tract. 

17 (iii) Two or more major sources (as 

18 defined in section 501(2) of the Clean Air 

19 Act (42 U.S.C. 7661(2))) are located with20 in the census tract and adjacent census 

21 tracts combined. 

22 (iv) COVID–19 death rates are at 

23 least 10 percent higher than the national 

24 average in the census tract. 


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1 (v) There is a higher than average 

2 population in the census tract of vulnerable 

3 or sensitive individuals who may be at 

4 greater risk than the general population of 

5 adverse health effects from exposure to one 

6 or more air pollutants for which national 

7 ambient air quality standards have been 

8 established pursuant to the Clean Air Act 

9 (42 U.S.C. 7401 et seq.), including in10 fants, children, pregnant women, workers, 

11 the elderly, or individuals living in an envi12 ronmental justice community. 

13 (B) LIMITATION.—Not more than 1 of the 

14 NCore multipollutant monitoring stations de15 scribed in subparagraph (A) may be sited with16 in the same metropolitan statistical area, mu17 nicipality, or county. 

18 (2) SITING DETERMINATIONS.—In determining 

19 and approving sites for NCore multipollutant moni20 toring stations required under subsection (a), the 

21 Administrator shall— 

22 (A) invite proposals from or on behalf of 

23 residents of a community for the siting of such 

24 stations in such community; 


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1 (B) prioritize siting of such stations in 

2 census tracts or counties with per capita death 

3 rates from COVID–19 that are at least 10 per4 cent higher than the national average, as of the 

5 date of enactment of this Act or the date of the 

6 proposal; and 

7 (C) prior to making siting determinations, 

8 provide public notice of proposed siting loca9 tions and provide an opportunity for public 

10 comment for at least 30 days thereafter— 

11 (i) in the Federal Register, by email 

12 to persons who have requested notice of 

13 proposed siting determinations; by news re14 lease; and 

15 (ii) by posting on the public website of 

16 the Environmental Protection Agency. 

17 (e) REPORT.—Not later than 12 months after the 

18 date of enactment of this Act, the Administrator shall— 

19 (1) in coordination with the States, complete an 

20 assessment, which includes public input, on the sta21 tus of all ambient air quality monitors that are part 

22 of Federal, State, or local networks and used for de23 termining compliance with national ambient air 

24 quality standards to determine whether each such 

25 monitor is operational; and 


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1 (2) report to Congress, and publish on the pub2 lic website of the Environmental Protection Agency, 

3 a list of all non-operational monitors and an accom4 panying schedule and plan to restore all such mon5 itors into full operation within one year. 

6 (f) FUNDING.— 

7 (1) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this section $61,000,000 for fiscal year 2022, to re10 main available until expended. 

11 (2) USES.—The Administrator— 

12 (A) may use amounts made available to 

13 carry this section to— 

14 (i) directly to deploy NCore multi15 pollutant monitoring stations required 

16 under subsection (a); or 

17 (ii) make grants under section 105 of 

18 the Clean Air Act to State and local gov19 ernments for deployment and operation of 

20 such NCore multipollutant monitoring sta21 tions; and 

22 (B) shall use at least 5 percent, but not 

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1 eration to currently non-operational monitors 

2 located in nonattainment areas for ozone or 

3 PM2.5. 

4 SEC. 654. SENSOR MONITORING. 

5 (a) DEPLOYMENT OF AIR QUALITY SENSORS.—Not 

6 later than 6 months after the date of enactment of this 

7 Act, the Administrator shall deploy at least 1,000 air qual8 ity sensors, that each cost $2,000 or less, in census tracts 

9 or counties with per capita death rates from COVID–19 

10 that are at least 10 percent higher than the national aver11 age as of the date of enactment of this Act. 

12 (b) POLLUTANTS.—Each sensor deployed pursuant 

13 to subsection (a) shall measure ozone, PM2.5, or sulfur 

14 dioxide. The Administrator shall determine which pollut15 ant or pollutants to monitor based on the pollution sources 

16 affecting the area in which the sensor is to be deployed. 

17 (c) PRIORITY.—The Administrator shall give priority 

18 for deployment of sensors pursuant to subsection (a) to 

19 census tracts or counties that— 

20 (1) lack SLAMS for the pollutant or pollutants 

21 that sensors would be deployed to measure; 

22 (2) have, or are substantially impacted by, sig23 nificant emissions of ozone, PM2.5, or sulfur diox24 ide; and 


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1 (3) are not part of an area designated as non2 attainment under the Clean Air Act for the air pol3 lutant or pollutants to be monitored. 

4 (d) CONTRACTS.—The Administrator shall contract 

5 with qualified nonprofit organizations and State and local 

6 air pollution control agencies to execute deployment of the 

7 monitors in a manner that will ensure representative 

8 measurement of ambient air quality, and provide the pub9 lic with real-time online access to the data collected. 

10 (e) DETERMINATION AND INSTALLATION.—Not later 

11 than 6 months after one year of monitoring with sensors 

12 deployed pursuant to subsection (a) has been completed, 

13 the Administrator shall determine whether data from the 

14 sensor or sensors deployed in a census track or county 

15 show air pollution levels during such year reached 98 per16 cent of the national ambient air quality standard for any 

17 of the air pollutants described in subsection (b), and not 

18 later than 6 months after such determination, the Admin19 istrator shall ensure that Federal Reference Method mon20 itors or Federal Equivalent Method monitors are installed 

21 and in operation within the census tract or county for each 

22 pollutant that reached or exceeded the 98 percent level. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 


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1 $2,500,000 for fiscal year 2022, to remain available until 

2 expended. 

3 SEC. 655. ENVIRONMENTAL HEALTH DISPARITIES RE4 SEARCH GRANT PROGRAMS. 

5 (a) CENTERS OF EXCELLENCE ON ENVIRONMENTAL

6 HEALTH DISPARITIES RESEARCH GRANTS.—The Direc7 tor of the National Institutes of Health, in coordination 

8 with the National Center for Environmental Research at 

9 the Environmental Protection Agency, shall carry out a 

10 Centers of Excellence on Environmental Health Dispari11 ties Research grant program. Such program shall estab12 lish and support no fewer than 10 research centers with 

13 5 year awards to— 

14 (1) conduct basic and applied research on envi15 ronmentally driven health disparities; 

16 (2) establish, develop, or expand collaborations 

17 with other researchers and organizations involved in 

18 environmental health disparities and affected com19 munities; 

20 (3) disseminate scientific knowledge to other re21 searchers and members of affected communities; 

22 (4) recruit and mentor investigators to conduct 

23 environmental health disparities research, including 

24 investigators from health disparities populations; 

25 and 


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1 (5) other activities, as determined by the Direc2 tor. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this pro5 gram $15,000,000 for each of fiscal years 2022 through 

6 2027. 

7 SEC. 656. DEFINITIONS. 

8 In this subtitle: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) ACCIDENTAL RELEASE.—The term ‘‘acci13 dental release’’ has the meaning given such term in 

14 section 112(r) of the Clean Air Act (42 U.S.C. 

15 7412(r)). 

16 (3) AREA SOURCE; EXISTING SOURCE; HAZ17 ARDOUS AIR POLLUTANT; MAJOR SOURCE; NEW

18 SOURCE; STATIONARY SOURCE.—Except as otherwise 

19 provided, the terms ‘‘area source’’, ‘‘existing 

20 source’’, ‘‘hazardous air pollutant’’, ‘‘major source’’, 

21 ‘‘new source’’, and ‘‘stationary source’’ have the 

22 meaning given such terms in section 112(a) of the 

23 Clean Air Act (42 U.S.C. 7412(a)). 

24 (4) COVID–19.—The term ‘‘COVID–19’’ 

25 means the novel coronavirus disease 2019 that is the 


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1 subject of the declaration of a public health emer2 gency by the Secretary of Health and Human Serv3 ices pursuant to section 319 of the Public Health 

4 Service Act (42 U.S.C. 247d) on January 27, 2020. 

5 (5) METHOD 325A.—The term ‘‘Method 325A’’ 

6 means the Air Emission Measurement Center pro7 mulgated test method titled ‘‘Volatile Organic Com8 pounds from Fugitive and Area Sources: Sampler 

9 Deployment and VOC Sample Collection’’. 

10 (6) METHOD 325B.—The term ‘‘Method 325B’’ 

11 means the Air Emission Measurement Center pro12 mulgated test method titled ‘‘Volatile Organic Com13 pounds from Fugitive and Area Sources: Sampler 

14 Preparation and Analysis.’’ 

15 (7) METHOD TO–15.—The term ‘‘Method TO– 

16 15’’ means the test method titled ‘‘Determination of 

17 Volatile Organic Compounds (VOCs) In Air Col18 lected In Specially-Prepared Canisters And Analyzed 

19 By Gas Chromatography/Mass Spectrometry (GC/ 

20 MS)’’ published in Compendium of Methods for the 

21 Determination of Toxic Organic Compounds in Am22 bient Air, Second Edition. 

23 (8) NCORE AND SLAMS.—The terms ‘‘NCore’’ 

24 and ‘‘SLAMS’’ have the meaning given such terms 

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1 tions (as in effect on the date of enactment of this 

2 Act). 

3 (9) SYNTHETIC AREA SOURCE.—The term 

4 ‘‘synthetic area source’’ has the meaning given ‘‘syn5 thetic minor HAP source’’ in section 49.152 of title 

6 40, Code of Federal Regulations (or successor regu7 lations). 

8 TITLE VII—SUPER POLLUTANTS 

9 Subtitle A—Methane 

10 SEC. 701. CONTROLLING METHANE EMISSIONS FROM THE 

11 OIL AND NATURAL GAS SECTOR. 

12 (a) NATIONAL GOALS.—The goals of this section are 

13 to steadily reduce the quantity of United States methane 

14 emissions from the oil and natural gas sector such that— 

15 (1) in calendar year 2025, the quantity of 

16 United States methane emissions from the oil and 

17 natural gas sector is at least 65 percent below cal18 endar year 2012 emissions; and 

19 (2) in calendar year 2030, the quantity of 

20 United States methane emissions from the oil and 

21 natural gas sector is at least 90 percent below cal22 endar year 2012 emissions. 

23 (b) REGULATIONS TO MEET THE NATIONAL

24 GOALS.— 


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1 (1) IN GENERAL.—Using existing authority of 

2 the Environmental Protection Agency, the Adminis3 trator shall issue regulations pursuant to section 

4 111 of the Clean Air Act (42 U.S.C. 7411) to con5 trol methane emissions from the oil and natural gas 

6 sector to achieve the national goals established in 

7 subsection (a). 

8 (2) COVERED SOURCES.—The regulations pro9 mulgated pursuant to this subsection shall apply to 

10 sources of methane from every segment of oil and 

11 natural gas systems, including oil and natural gas 

12 production, processing, transmission, distribution, 

13 and storage. 

14 (3) MEETING THE GOAL FOR 2025.— 

15 (A) DEADLINE FOR ISSUANCE.—Not later 

16 than 18 months after the date of enactment of 

17 this Act, and no later than December 31, 2022, 

18 the Administrator shall finalize regulations pur19 suant to section 111 of the Clean Air Act (42 

20 U.S.C. 7411) to achieve the national goal estab21 lished in subsection (a)(1). 

22 (B) CONTENTS.—The regulations required 

23 by subparagraph (A) shall include the following: 

24 (i) The regulations shall provide for 

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1 forcement of standards of performance for 

2 existing sources and guidelines for States. 

3 (ii) The regulations shall require 

4 States to submit plans in accordance with 

5 section 111(d) of the Clean Air Act (42 

6 U.S.C. 7411(d)) no later than 30 months 

7 after the date of enactment of this Act. 

8 (iii) The regulations shall provide for 

9 the Administrator to prescribe, not later 

10 than 42 months after the date of enact11 ment of this Act, a plan in accordance with 

12 such section 111(d)— 

13 (I) for a State that fails to sub14 mit a plan by the deadline specified in 

15 clause (ii); or 

16 (II) for a State for which the Ad17 ministrator disapproves the State 

18 plan. 

19 (4) MEETING THE GOAL FOR 2030.— 

20 (A) IN GENERAL.—Not later than Decem21 ber 31, 2023, the Administrator shall finalize 

22 regulations pursuant to section 111 of the 

23 Clean Air Act (42 U.S.C. 7411) to achieve the 

24 national goal established in subsection (a)(2). 


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1 (B) CONTENTS.—The regulations required 

2 by subparagraph (A) shall provide for the es3 tablishment, implementation, and enforcement 

4 of standards of performance for new sources 

5 and existing sources, and guidelines for States, 

6 that include requirements for— 

7 (i) new and existing natural gas 

8 transmission and distribution pipelines to 

9 reduce methane emissions by application of 

10 the best system of venting and leakage re11 duction; 

12 (ii) new sources, and existing sources, 

13 with equipment that handles liquefied nat14 ural gas to reduce methane emissions from 

15 that equipment by application of the best 

16 system of emission reduction; and 

17 (iii) new and existing offshore petro18 leum and natural gas production facilities 

19 to reduce methane emissions by application 

20 of the best system of emission reduction. 

21 (c) DEFINITIONS.—In this section: 

22 (1) The term ‘‘Administrator’’ means the Ad23 ministrator of the Environmental Protection Agency. 


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1 (2) The term ‘‘existing source’’ means an exist2 ing source (as defined in section 111(a) of the Clean 

3 Air Act (42 U.S.C. 7411(a))). 

4 (3) The term ‘‘new source’’ means a new source 

5 (as defined in section 111(a) of the Clean Air Act 

6 (42 U.S.C. 7411(a))). 

7 (4) The term ‘‘standard of performance’’ has 

8 the meaning given to such term in section 111(a) of 

9 the Clean Air Act (42 U.S.C. 7411(a)). 

10 SEC. 702. CONTROLLING FLARING. 

11 (a) REGULATION OF ROUTINE FLARING.—Using ex12 isting authority of the Environmental Protection Agency, 

13 the Administrator shall propose no later than December 

14 31, 2021, and finalize no later than December 31, 2022— 

15 (1) regulations pursuant to section 111(b) of 

16 the Clean Air Act (42 U.S.C. 7411(b)) for the estab17 lishment, implementation, and enforcement of stand18 ards of performance for new sources that prohibit 

19 routine flaring of natural gas from such sources; and 

20 (2) regulations pursuant to section 111(d) of 

21 the Clean Air Act (42 U.S.C. 7411(d)) for the estab22 lishment, implementation, and enforcement of stand23 ards of performance for sources, and guidelines for 

24 States, that require existing sources to— 


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1 (A) reduce greenhouse gas emissions from 

2 routine flaring such that nationwide flaring is 

3 reduced by at least 80 percent below 2017 lev4 els no later than 2025; and 

5 (B) reduce greenhouse gas emissions from 

6 routine flaring such that nationwide flaring is 

7 reduced by 100 percent below 2017 levels no 

8 later than 2028. 

9 (b) DEFINITIONS.—In this section: 

10 (1) The term ‘‘Administrator’’ means the Ad11 ministrator of the Environmental Protection Agency. 

12 (2) The term ‘‘existing source’’ means an exist13 ing source as defined in section 111(a) of the Clean 

14 Air Act (42 U.S.C. 7411(a)). 

15 (3) The term ‘‘new source’’ means a new source 

16 as defined in section 111(a) of the Clean Air Act (42 

17 U.S.C. 7411(a)). 

18 (4) The term ‘‘routine flaring’’— 

19 (A) means flaring of natural gas during 

20 normal oil and natural gas production oper21 ations in the absence of sufficient facilities to 

22 reinject the produced gas, utilize it onsite, or 

23 dispatch it to a market; and 

24 (B) does not include safety flaring. 


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1 (5) The term ‘‘safety flaring’’ means flaring of 

2 natural gas that is required to ensure safe operation 

3 of the facility due to some unforeseen condition. 

4 SEC. 703. EMERGING OIL AND NATURAL GAS GREENHOUSE 

5 GAS EMISSION REDUCTION TECHNOLOGIES 

6 PROGRAM. 

7 (a) ESTABLISHMENT.—As soon as possible after the 

8 date of enactment of this Act, the Secretary of Energy 

9 (in this section referred to as the ‘‘Secretary’’) shall estab10 lish a technology commercialization program to reduce 

11 greenhouse gas emissions from the oil and natural gas sec12 tor, and to improve existing technologies and practices to 

13 reduce such emissions. 

14 (b) PRIORITY.—In carrying out the program under 

15 subsection (a), the Secretary shall give priority to projects 

16 that develop and bring to market approaches to reduce 

17 carbon dioxide emissions from natural gas system com18 pression, including the use of electrification. 

19 (c) CONDUCT OF PROGRAM.—In carrying out the 

20 program under subsection (a), the Secretary shall carry 

21 out science-based activities to pursue— 

22 (1) improved efficiency of natural gas pipeline 

23 systems, including gas gathering systems and gas 

24 transmission systems, in order to reduce compressor 


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1 fuel consumption in these systems, through improved 

2 technology and operational practice; and 

3 (2) lowered barriers to electrification of com4 pression in pipeline systems. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

6 out this section, there is authorized to be appropriated 

7 $10,000,000, to remain available until expended. 

8 SEC. 704. IMPROVING THE NATURAL GAS DISTRIBUTION 

9 SYSTEM. 

10 (a) PROGRAM.—The Secretary of Energy shall estab11 lish a grant program to provide financial assistance to 

12 States to offset the incremental rate increases paid by low13 income households resulting from the implementation of 

14 infrastructure replacement, repair, and maintenance pro15 grams that are approved by the rate-setting entity and de16 signed to accelerate the necessary replacement, repair, or 

17 maintenance of natural gas distribution systems. 

18 (b) DATE OF ELIGIBILITY.—Awards may be provided 

19 under this section to offset rate increases described in sub20 section (a) occurring on or after the date of enactment 

21 of this Act. 

22 (c) PRIORITIZATION.—The Secretary shall collabo23 rate with States to prioritize the distribution of grants 

24 made under this section. At a minimum, the Secretary 


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1 shall consider prioritizing the distribution of grants to 

2 States which have— 

3 (1) authorized or adopted enhanced infrastruc4 ture replacement programs or innovative rate recov5 ery mechanisms, such as infrastructure cost trackers 

6 and riders, infrastructure base rate surcharges, de7 ferred regulatory asset programs, and earnings sta8 bility mechanisms; and 

9 (2) a viable means for delivering financial as10 sistance to low-income households. 

11 (d) AUDITING AND REPORTING REQUIREMENTS.— 

12 The Secretary shall establish auditing and reporting re13 quirements for States with respect to the performance of 

14 eligible projects funded pursuant to grants awarded under 

15 this section. 

16 (e) PREVAILING WAGES.—All laborers and mechanics 

17 employed by contractors or subcontractors in the perform18 ance of construction, alteration, or repair work assisted, 

19 in whole or in part, by a grant under this section shall 

20 be paid wages at rates not less than those prevailing on 

21 similar construction in the locality as determined by the 

22 Secretary of Labor in accordance with subchapter IV of 

23 chapter 31 of title 40. With respect to the labor standards 

24 in this subsection, the Secretary of Labor shall have the 

25 authority and functions set forth in Reorganization Plan 


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1 Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 

2 section 3145 of title 40. 

3 (f) DEFINITIONS.—In this section: 

4 (1) INNOVATIVE RATE RECOVERY MECHA5 NISMS.—The term ‘‘innovative rate recovery mecha6 nisms’’ means rate structures that allow State public 

7 utility commissions to modify tariffs and recover 

8 costs of investments in utility replacement incurred 

9 between rate cases. 

10 (2) LOW-INCOME HOUSEHOLD.—The term 

11 ‘‘low-income household’’ means a household that is 

12 eligible to receive payments under section 2605(b)(2) 

13 of the Low-Income Home Energy Assistance Act of 

14 1981 (42 U.S.C. 8624(b)(2)). 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary to carry 

17 out this section $250,000,000 in each of fiscal years 2022 

18 through 2031. 

19 SEC. 705. GRANTS FOR COMPOSTING AND ANAEROBIC DI20 GESTION FOOD WASTE-TO-ENERGY 

21 PROJECTS. 

22 (a) IN GENERAL.—Subtitle G of the Solid Waste Dis23 posal Act (42 U.S.C. 6971 et seq.) is amended by adding 

24 at the end the following: 


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1 ‘‘SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DI2 GESTION FOOD WASTE-TO-ENERGY 

3 PROJECTS. 

4 ‘‘(a) GRANTS.—The Administrator shall establish a 

5 grant program to award grants to States eligible to receive 

6 the grants under subsection (b)(1) to construct large-scale 

7 composting or anaerobic digestion food waste-to-energy 

8 projects. 

9 ‘‘(b) ELIGIBLE STATES.— 

10 ‘‘(1) ELIGIBILITY.—In order to be eligible to 

11 receive a grant under this section, a State shall— 

12 ‘‘(A) have in effect a plan to limit the 

13 quantity of food waste that may be disposed of 

14 in landfills in the State; and 

15 ‘‘(B) provide to the Administrator— 

16 ‘‘(i) a written commitment that the 

17 State has read and agrees to comply with 

18 the Food Recovery Hierarchy of the Envi19 ronmental Protection Agency, particularly 

20 as applied to apparently wholesome food 

21 (as defined in section 22(b) of the Child 

22 Nutrition Act of 1966 (42 U.S.C. 

23 1791(b))) that may be provided to or re24 ceived by the State; and 

25 ‘‘(ii) a written end-product recycling 

26 plan that provides for the beneficial use of 


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1 the material resulting from any anaerobic 

2 digestion food waste-to-energy operation 

3 with respect to which the loan or grant is 

4 made, in a manner that meets all applica5 ble Federal, State, and local laws that pro6 tect human health and the environment. 

7 ‘‘(2) LIMITATION.—A grant under subsection 

8 (a) may not be used for an anaerobic digester that 

9 uses solely manure as undigested biomass. 

10 ‘‘(3) PREFERENCE.—The Administrator shall 

11 give preference to grants under subsection (a) for 

12 anaerobic digesters that use primarily nonedible 

13 food, crop waste, or nonedible food and crop waste 

14 as undigested biomass. 

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 $100,000,000 for each of fiscal years 2022 through 2031. 

18 ‘‘(d) STATE DEFINED.—In this section, the term 

19 ‘State’ means each State of the United States, the District 

20 of Columbia, each territory or possession of the United 

21 States, and each federally recognized Indian Tribe.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 for the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 

24 is amended by inserting after the item relating to section 

25 7010 the following: 


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‘‘Sec. 7011. Grants for composting and anaerobic digestion food waste-to-energy projects.’’. 

1 Subtitle B—Black Carbon 

2 SEC. 711. DEFINITIONS. 

3 In this subtitle: 

4 (1) The term ‘‘Administrator’’ means the Ad5 ministrator of the Environmental Protection Agency. 

6 (2) The term ‘‘black carbon’’ means the pri7 mary light absorbing aerosols, as defined by the Ad8 ministrator, based on the best available science. 

9 SEC. 712. REDUCTION OF BLACK CARBON EMISSIONS. 

10 (a) BLACK CARBON ABATEMENT REPORT.— 

11 (1) IN GENERAL.—Not later than 6 months 

12 after the date of enactment of this Act, the Adminis13 trator shall, in consultation with other appropriate 

14 Federal agencies, submit to Congress a report re15 garding black carbon emissions. 

16 (2) CONTENTS.—The report under paragraph 

17 (1) shall include the following: 

18 (A) An update of the information that was 

19 included in the report submitted to Congress by 

20 the Environmental Protection Agency titled 

21 ‘‘Report to Congress on Black Carbon’’ (March 

22 2012), and a summary of current information 

23 and research that identifies— 


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1 (i) an inventory of the major sources 

2 of black carbon emissions in the United 

3 States, including— 

4 (I) an estimate of the quantity of 

5 current and projected future black 

6 carbon emissions; and 

7 (II) the net climate forcing of 

8 such emissions from such sources, in9 cluding consideration of co-emissions 

10 of other pollutants; 

11 (ii) effective and cost-effective control 

12 technologies, operations, and strategies for 

13 additional domestic black carbon emissions 

14 reductions, such as diesel retrofit tech15 nologies on existing onroad, nonroad, and 

16 stationary engines, programs to address 

17 residential cookstoves and heating stoves, 

18 programs to address forest and agri19 culture-based burning, and programs to 

20 address ports, international shipping, and 

21 aviation; 

22 (iii) potential metrics and approaches 

23 for quantifying the climatic effects of black 

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1 sions, that may be used to compare the cli2 mate benefits of different mitigation strat3 egies, including an assessment of the un4 certainty in such metrics and approaches; 

5 and 

6 (iv) the public health and environ7 mental benefits associated with additional 

8 controls for black carbon emissions. 

9 (B) Recommendations regarding— 

10 (i) development of additional emis11 sions monitoring techniques and capabili12 ties, modeling, and other black carbon-re13 lated areas of study; 

14 (ii) areas of focus for additional study 

15 of technologies, operations, and strategies 

16 with the greatest potential to reduce emis17 sions of black carbon and associated public 

18 health, economic, and environmental im19 pacts associated with these emissions; and 

20 (iii) actions, in addition to those iden21 tified by the Administrator pursuant to 

22 subsections (b) and (c), that the Federal 

23 Government may take to encourage or re24 quire reductions in black carbon emissions. 

25 (b) DOMESTIC BLACK CARBON MITIGATION.— 


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1 (1) PROPOSED REGULATIONS OR FINDING.— 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Administrator, taking into consider4 ation the public health and environmental impacts of 

5 black carbon emissions, including the effects on 

6 global and regional warming, the Arctic, and other 

7 snow and ice-covered surfaces, shall propose— 

8 (A) a finding that regulations that have 

9 been promulgated as of the date of enactment 

10 of this Act pursuant to such authorities ade11 quately reduce emissions of black carbon by 70 

12 percent relative to 2013 levels by 2025; or 

13 (B) regulations under the authorities of 

14 the Clean Air Act (42 U.S.C. 7401 et seq.) (as 

15 such authorities exist as of the date of the en16 actment of this Act) to reduce emissions of 

17 black carbon by 70 percent relative to 2013 lev18 els by 2025. 

19 (2) FINAL REGULATIONS OR FINDING.—Not 

20 later than 2 years after the date of enactment of 

21 this Act, the Administrator shall promulgate— 

22 (A) a final finding described in paragraph 

23 (1)(A); or 

24 (B) final regulations described in para25 graph (1)(B). 


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1 (3) PARTICIPATION BY INDIGENOUS POPU2 LATIONS.—The Administrator shall allow indigenous 

3 populations in the Arctic and other communities 

4 disproportionally affected by black carbon emissions 

5 to participate in the regulatory action under this 

6 subsection through negotiated rulemaking or an 

7 equivalent mechanism. 

8 (c) INTERNATIONAL BLACK CARBON MITIGATION

9 ASSISTANCE REPORT.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this section, the Adminis12 trator, in coordination with the Secretary of State 

13 and other appropriate Federal officials, shall trans14 mit a report to the Congress— 

15 (A) on the amount, type, and direction of 

16 all present United States financial, technical, 

17 and related assistance to foreign countries to 

18 reduce, mitigate, and otherwise abate black car19 bon emissions; and 

20 (B) identifying opportunities and rec21 ommendations pursuant to paragraph (2). 

22 (2) OTHER OPPORTUNITIES.—The report re23 quired under this subsection shall identify opportuni24 ties and recommendations, including action under 

25 existing statutory and regulatory authorities, to 


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1 achieve significant black carbon emission reductions 

2 in foreign countries through technical assistance or 

3 other approaches to— 

4 (A) promote sustainable solutions to bring 

5 clean, efficient, safe, and affordable stoves, 

6 fuels, or both stoves and fuels to residents of 

7 developing countries that are reliant on solid 

8 fuels such as wood, dung, charcoal, coal, or 

9 crop residues for home cooking and heating, so 

10 as to help reduce the public health, environ11 mental, and economic impacts of black carbon 

12 emissions from these sources by— 

13 (i) identifying key regions for large14 scale demonstration efforts, and key part15 ners in each such region; and 

16 (ii) developing for each such region a 

17 large-scale implementation strategy with a 

18 goal of collectively reaching 100,000,000 

19 homes over 5 years with interventions that 

20 will— 

21 (I) increase stove efficiency by 

22 over 50 percent (or such other goal as 

23 determined by the Administrator); 

24 (II) reduce emissions of black 

25 carbon by over 60 percent (or such 


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1 other goal as determined by the Ad2 ministrator); and 

3 (III) reduce the incidence of se4 vere pneumonia in children under 5 

5 years old by over 30 percent (or such 

6 other goal as determined by the Ad7 ministrator); 

8 (B) make technological improvements to 

9 diesel engines and provide greater access to 

10 fuels that emit less or no black carbon; 

11 (C) reduce unnecessary agricultural or 

12 other biomass burning where feasible alter13 natives exist; 

14 (D) reduce the amount of heavy fuel oil 

15 used by ships by switching to alternative fuels 

16 or installing technological improvements; 

17 (E) reduce unnecessary fossil fuel burning 

18 that produces black carbon where feasible alter19 natives exist; 

20 (F) reduce other sources of black carbon 

21 emissions; and 

22 (G) improve capacity to achieve greater 

23 compliance with existing laws to address black 

24 carbon emissions. 


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1 (3) CONSULTATION WITH ARCTIC COMMUNITIES

2 AND ARCTIC COUNCIL.—The Administrator shall— 

3 (A) require that communities most vulner4 able to the impacts of black carbon, including 

5 Arctic indigenous communities, are consulted 

6 throughout the process of developing and trans7 mitting the report required by this subsection; 

8 and 

9 (B) encourage observers of the Arctic 

10 Council (including India and China) to adopt 

11 mitigation plans consistent with the findings 

12 and recommendations of the Arctic Council’s 

13 ‘‘Framework for Action on Black Carbon and 

14 Methane’’. 

15 TITLE VIII—ECONOMYWIDE 

16 POLICIES 

17 Subtitle A—State Climate Plans 

18 SEC. 801. STATE CLIMATE PLANS. 

19 The Clean Air Act (42 U.S.C. 7401 et seq.) is amend20 ed by adding after title VI the following new title: 

21 ‘‘TITLE VII—STATE CLIMATE 

22 PLANS 

23 ‘‘SEC. 701. DEFINITIONS. 

24 ‘‘In this title: 


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1 ‘‘(1) 2030 CARBON DIOXIDE STANDARD.—The 

2 term ‘2030 carbon dioxide standard’ means a stand3 ard which requires each State to achieve covered 

4 emissions of carbon dioxide within such State by 

5 January 1, 2031, at a level to be established by the 

6 Administrator in consideration of the emission re7 ductions needed to achieve the national interim goal 

8 declared by section 101(1) of the CLEAN Future 

9 Act. 

10 ‘‘(2) 2040 CARBON DIOXIDE STANDARD.—The 

11 term ‘2040 carbon dioxide standard’ means a stand12 ard which requires each State to achieve covered 

13 emissions of carbon dioxide within such State by 

14 January 1, 2041, at a level to be established by the 

15 Administrator pursuant to section 705. 

16 ‘‘(3) 2040 METHANE STANDARD.—The term 

17 ‘2040 methane standard’ means a standard which 

18 requires each State to achieve covered emissions of 

19 methane within such State by January 1, 2041, at 

20 a level that is at least 95 percent below such State’s 

21 calendar year 2012 emissions of methane. 

22 ‘‘(4) CARBON DIOXIDE EQUIVALENT.—The 

23 term ‘carbon dioxide equivalent’ means, with respect 

24 to a greenhouse gas, the quantity of such gas that 

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1 ric ton of carbon dioxide, as determined pursuant to 

2 table A–1 of subpart A of part 98 of title 40, Code 

3 of Federal Regulations. 

4 ‘‘(5) COVERED EMISSIONS.— 

5 ‘‘(A) Subject to subparagraph (B), the 

6 term ‘covered emissions’ means carbon dioxide 

7 and methane emitted by or attributed to 

8 sources in a State. 

9 ‘‘(B) The term ‘covered emissions’ includes 

10 carbon dioxide and methane emissions that are 

11 biogenic emissions from agriculture and land12 use practices only if such emissions consist of 

13 emissions from burning woody biomass to gen14 erate electricity either for sale to the grid or for 

15 onsite industrial use. 

16 ‘‘(6) ELECTRIC GENERATING UNIT.—The term 

17 ‘electric generating unit’ means a steam generating 

18 unit, integrated gasification combined cycle, or sta19 tionary combustion turbine that meets the following 

20 conditions, as applicable: 

21 ‘‘(A) Serves a generator or generators con22 nected to a utility power distribution system 

23 with a nameplate capacity greater than 25 MW24 net. 


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1 ‘‘(B) Has a base load rating greater than 

2 260 Gigajoules per hour (250 million British 

3 Thermal Units per hour) heat input of fossil 

4 fuel (either alone or in combination with any 

5 other fuel). 

6 ‘‘(C) Has stationary combustion turbines 

7 that are either a combined cycle or combined 

8 heat and power combustion turbine. 

9 ‘‘(7) GREENHOUSE GAS.—The term ‘greenhouse 

10 gas’ means each of the following: 

11 ‘‘(A) Carbon dioxide. 

12 ‘‘(B) Methane. 

13 ‘‘(C) Nitrous oxide. 

14 ‘‘(D) Sulfur hexafluoride. 

15 ‘‘(E) Hydrofluorocarbons. 

16 ‘‘(F) Perfluorocarbons. 

17 ‘‘(G) Any other anthropogenic gas des18 ignated as a greenhouse gas by the Adminis19 trator or required to be reported under part 98 

20 of title 40, Code of Federal Regulations. 

21 ‘‘(8) NATIONAL CLIMATE STANDARD.—The 

22 term ‘national climate standard’ means a standard 

23 which requires each State to achieve net-zero cov24 ered emissions measured in carbon dioxide equiva25 lents within such State, after annual accounting for 


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1 sources, negative emissions, and sinks of covered 

2 emissions consistent with the reporting of emissions 

3 required by this title by January 1, 2051. 

4 ‘‘(9) NEGATIVE EMISSIONS.—The term ‘nega5 tive emissions’ means greenhouse gases permanently 

6 removed from the atmosphere, other than biogenic 

7 removals through land-use and forestry practices. 

8 ‘‘(10) SINK.—The term ‘sink’ means a reservoir 

9 of greenhouse gases removed from the atmosphere 

10 through land-use and forestry practices. 

11 ‘‘SEC. 702. INVENTORIES. 

12 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

13 date of enactment of this title, each State shall submit 

14 to the Administrator, with respect to the preceding cal15 endar year, a comprehensive, accurate inventory of— 

16 ‘‘(1) covered emissions, measured in metric tons 

17 of carbon dioxide equivalent, attributed to the com18 bustion of fuels sold within such State during the re19 spective calendar year; 

20 ‘‘(2) actual covered emissions not reported pur21 suant to paragraph (1) from all sources emitting at 

22 least 25,000 metric tons of carbon dioxide equivalent 

23 during the respective calendar year located in such 

24 State; 


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1 ‘‘(3) actual covered emissions not reported pur2 suant to paragraph (1) or (2) from electric gener3 ating units during the respective calendar year lo4 cated in such State; 

5 ‘‘(4) sinks located in such State during the re6 spective calendar year, measured in metric tons of 

7 carbon dioxide equivalent; 

8 ‘‘(5) negative emissions located in such State 

9 during the respective calendar year, measured in 

10 metric tons of carbon dioxide equivalent; and 

11 ‘‘(6) such other data on sources, negative emis12 sions, and sinks of covered emissions that the Ad13 ministrator determines necessary to facilitate the im14 plementation of this title and the achievement and 

15 maintenance of the standards established under this 

16 title. 

17 ‘‘(b) EXISTING DATA.—The States may rely on data 

18 reported pursuant to part 98 of title 40, Code of Federal 

19 Regulations (or successor regulations), in developing an 

20 inventory under this section, as appropriate. 

21 ‘‘(c) TECHNICAL ASSISTANCE.—The Administrator 

22 shall provide technical assistance to the States to aid in 

23 compliance with the requirements of this section. 

24 ‘‘(d) UPDATES.—Not later than June 30 of the third 

25 calendar year after the date of enactment of this title, and 


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1 by June 30 of each year thereafter, each State shall sub2 mit an updated inventory under this section to the Admin3 istrator for the preceding calendar year. 

4 ‘‘(e) SINKS.— 

5 ‘‘(1) METHODOLOGY.—The Administrator shall 

6 develop, in accordance with national inventory ac7 counting guidelines under the United Nations 

8 Framework Convention on Climate Change, a meth9 odology to quantify, in metric tons of carbon dioxide 

10 equivalent, the greenhouse gases removed from the 

11 atmosphere and sequestered in sinks in the States. 

12 ‘‘(2) PROCESS.—For purposes of paragraph 

13 (1), the Administrator— 

14 ‘‘(A) shall, not later than 5 years after the 

15 date of enactment of this title, issue such meth16 odology by proposed regulation; 

17 ‘‘(B) shall, not later than 2 years after 

18 issuing such proposed regulation, promulgate 

19 such methodology by final regulation; and 

20 ‘‘(C) may from time to time revise such 

21 methodology. 

22 ‘‘(3) DELAY IN REPORTING REQUIREMENT.— 

23 Notwithstanding the deadlines in subsections (a) and 

24 (d), the reporting requirement of subsection (a)(4) 

25 and subsection (d) with respect to sinks shall not 


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1 take effect until June 30 of the second calendar year 

2 following the promulgation of the final methodology 

3 required by paragraph (2)(B). 

4 ‘‘SEC. 703. GRANTS FOR PLAN DEVELOPMENT. 

5 ‘‘(a) GRANTS.—The Administrator shall make grants 

6 to air pollution control agencies to assist with the reason7 able costs of developing a State climate plan or plan revi8 sion pursuant to this title. 

9 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—To 

10 carry out this section, there is authorized to be appro11 priated $200,000,000. 

12 ‘‘SEC. 704. CLIMATE PLAN PLANNING PERIODS. 

13 ‘‘(a) ADOPTION AND SUBMISSION.—Each State shall 

14 adopt and submit to the Administrator a climate plan 

15 which— 

16 ‘‘(1) provides for achieving, by January 1, 

17 2051, the national climate standard; 

18 ‘‘(2) provides for achieving the 2030 carbon di19 oxide standard; 

20 ‘‘(3) provides for achieving the 2040 carbon di21 oxide standard; and 

22 ‘‘(4) provides for achieving the 2040 methane 

23 standard. 

24 ‘‘(b) PLANNING PERIOD.—For purposes of this 

25 title— 


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1 ‘‘(1) planning period 1 shall be through cal2 endar year 2030; 

3 ‘‘(2) planning period 2 shall be for calendar 

4 years 2031 through 2040; and 

5 ‘‘(3) planning period 3 shall be for calendar 

6 years 2041 through 2050. 

7 ‘‘(c) SUBMISSION DEADLINES.—Each State shall 

8 submit the plan required by subsection (a)— 

9 ‘‘(1) for planning period 1, not later than 3 

10 years after the date of enactment of this title; 

11 ‘‘(2) for planning period 2, not later than De12 cember 31, 2028; and 

13 ‘‘(3) for planning period 3, not later than De14 cember 31, 2038. 

15 ‘‘SEC. 705. REGULATIONS. 

16 ‘‘(a) IN GENERAL.—The Administrator shall— 

17 ‘‘(1) not later than 12 months after the date of 

18 enactment of this title, promulgate regulations to 

19 implement section 702 which may include revisions, 

20 as the Administrator determines appropriate, to part 

21 98 of title 40, Code of Federal Regulations, to facili22 tate the reporting of all emissions relevant or nec23 essary to implement this title; and 

24 ‘‘(2) not later than— 


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1 ‘‘(A) 18 months after the date of enact2 ment of this title, promulgate final regulations 

3 to carry out this title for planning period 1; 

4 ‘‘(B) January 1, 2027, revise such final 

5 regulations for planning period 2; and 

6 ‘‘(C) January 1, 2037, revise such final 

7 regulations for planning period 3. 

8 ‘‘(b) MODEL CONTROL STRATEGIES.—The regula9 tions required by subsection (a)(2) shall include model 

10 control strategies established by the Administrator, after 

11 notice and opportunity for comment, that States may 

12 choose to adopt in climate plans under section 704, includ13 ing— 

14 ‘‘(1) the climate pollution phaseout control pro15 gram under subsection (c); 

16 ‘‘(2) a performance-based fuels standard under 

17 subsection (d); 

18 ‘‘(3) a carbon removal control strategy under 

19 subsection (e); 

20 ‘‘(4) energy efficiency control strategies under 

21 subsection (f); 

22 ‘‘(5) provisions to adopt and enforce, pursuant 

23 to section 177, California’s standards relating to 

24 control of emissions from new motor vehicles or new 


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1 motor vehicle engines, including California’s zero2 emissions vehicle regulations; and 

3 ‘‘(6) any other program which, in the judgment 

4 of the Administrator, will facilitate the expeditious 

5 progress of the States toward achieving the stand6 ards established under this title. 

7 ‘‘(c) CLIMATE POLLUTION PHASEOUT CONTROL

8 PROGRAM.—The Administrator shall establish a model cli9 mate pollution phaseout control program that— 

10 ‘‘(1) is administered by the Administrator, with 

11 decisions on matters such as the limit on the aggre12 gated quantity of covered emissions to be determined 

13 after the deadline to submit the plan for planning 

14 period 1; 

15 ‘‘(2) addresses covered emissions and covers, at 

16 a minimum, all sources that are— 

17 ‘‘(A) located in a State participating in the 

18 model program; and 

19 ‘‘(B) emitting 25,000 tons or more of car20 bon dioxide equivalent per year; 

21 ‘‘(3) determines the number of allowances avail22 able each calendar year, with each allowance author23 izing the emission of 1 ton of carbon dioxide equiva24 lent; 


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1 ‘‘(4) sets a limit on the aggregated quantity of 

2 covered emissions from sources described in para3 graph (2) and reduces such limit annually in a man4 ner consistent with facilitating achievement of the 

5 standards established under this title by the States 

6 participating in the model program; 

7 ‘‘(5) provides optional formulas that States par8 ticipating in the model program may choose to use 

9 in allocating allowances within the respective State; 

10 and 

11 ‘‘(6) allows States and sources subject to the 

12 program which hold an allowance or offset credit to, 

13 without restriction, sell, exchange, transfer, hold for 

14 compliance, or request that the Administrator retire 

15 the allowance or credit. 

16 ‘‘(d) PERFORMANCE-BASED FUELS STANDARD.— 

17 The Administrator shall establish a model performance18 based fuels standard— 

19 ‘‘(1) that is based on the average lifecycle 

20 greenhouse gas emissions per unit of energy, of fuels 

21 sold or introduced into commerce, as determined by 

22 the Administrator after considering the aggregate 

23 quantity of greenhouse gas emissions (including di24 rect emissions and significant indirect emissions, 

25 such as significant emissions from land-use changes) 


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1 related to the full fuel life cycle, including all stages 

2 of fuel and feedstock production and distribution, 

3 from feedstock generation or extraction through the 

4 distribution and delivery to, and use of, the finished 

5 fuel by the ultimate consumer; 

6 ‘‘(2) that covers fuels including, at a minimum, 

7 transportation fuels; 

8 ‘‘(3) whose objective is to reduce the greenhouse 

9 gas emissions intensity of covered fuels to facilitate 

10 achieving the standards established under this title; 

11 ‘‘(4) that requires each fuel provider to dem12 onstrate compliance with the standard; 

13 ‘‘(5) that provides for the generation of credits 

14 for fuels produced or imported that achieve lower 

15 greenhouse gas emissions intensity than is required 

16 by the performance-based fuel standard and allows 

17 for banking and trading such credits; and 

18 ‘‘(6) that determines the appropriate amount of 

19 credits and appropriate conditions, if any, on the 

20 timing of disbursement, duration, trading, and use 

21 of credits. 

22 ‘‘(e) CARBON REMOVAL CONTROL STRATEGY.— 

23 ‘‘(1) IN GENERAL.—The Administrator, in con24 sultation with the Secretary of Agriculture and the 

25 Secretary of Energy, as appropriate, shall establish 


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1 a model carbon removal control strategy to facilitate 

2 practices and activities that result in net-negative 

3 greenhouse gas emissions through natural and tech4 nological solutions. 

5 ‘‘(2) PRACTICES AND ACTIVITIES.—The model 

6 strategy under paragraph (1)— 

7 ‘‘(A) shall limit creditable projects to those 

8 that reduce, avoid, or sequester greenhouse gas 

9 emissions through practices proven to be effec10 tive; and 

11 ‘‘(B) may include— 

12 ‘‘(i) agricultural, grassland, and 

13 rangeland management; 

14 ‘‘(ii) forestry and land use activities; 

15 ‘‘(iii) manure management and dis16 posal; 

17 ‘‘(iv) wastewater and landfill manage18 ment; 

19 ‘‘(v) direct air capture of greenhouse 

20 gas emissions and sequestration; and 

21 ‘‘(vi) carbon dioxide capture and se22 questration. 

23 ‘‘(3) METHODOLOGIES AND PROTOCOLS.—To 

24 ensure the environmental integrity of the model pro25 gram under paragraph (1), the Administrator shall 


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1 include methodologies and protocols for, with respect 

2 to greenhouse gas reductions— 

3 ‘‘(A) quantification, including for aggre4 gated projects; 

5 ‘‘(B) verification; 

6 ‘‘(C) reporting; 

7 ‘‘(D) record-keeping; 

8 ‘‘(E) audits; and 

9 ‘‘(F) mitigation of leakage. 

10 ‘‘(4) PREFERENCE.—The model program under 

11 paragraph (1) shall require that greenhouse gas re12 ductions are additional and permanent. 

13 ‘‘(f) ENERGY EFFICIENCY CONTROL STRATEGIES.— 

14 The Administrator, in consultation with the Secretary of 

15 Energy, shall establish model strategies for carbon dioxide 

16 mitigation using energy efficiency for participating States 

17 to facilitate demand-side energy management to reduce 

18 energy use from electricity and fuels used for space and 

19 water heating for industrial, commercial, and residential 

20 consumers, which may include— 

21 ‘‘(1) an energy efficiency resource standard; 

22 ‘‘(2) a demand response program, including 

23 time-based rates or other forms of financial incen24 tives and direct load control programs; 


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1 ‘‘(3) adoption and enforcement of energy- and 

2 water-savings model building codes; 

3 ‘‘(4) programs to promote energy efficient ret4 rofits of existing buildings; 

5 ‘‘(5) incentives, rebates, and other financing op6 tions for adoption of cost-effective energy savings 

7 technologies, including ENERGY STAR products, 

8 with provisions to ensure that low-income commu9 nities can access these incentives, rebates, and other 

10 financing options; 

11 ‘‘(6) programs to promote cost-effective fuel12 switching of residential and commercial building 

13 space heating and water heating loads; 

14 ‘‘(7) programs to support adoption and certifi15 cation to ISO 50001 (or any successor standard) or 

16 a comparable energy management system; and 

17 ‘‘(8) practices to measure, verify, and report en18 ergy savings achieved. 

19 ‘‘(g) SUBSEQUENT PLANNING PERIODS.— 

20 ‘‘(1) IN GENERAL.—The requirements of the 

21 regulations under subsection (a)(2) that apply to 

22 planning period 1 shall continue to apply to subse23 quent planning periods, as applicable. 

24 ‘‘(2) PLANNING PERIOD 2.— 


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1 ‘‘(A) TARGETS.—The regulations under 

2 subsection (a)(2) for planning period 2 shall in3 clude— 

4 ‘‘(i) requirements for maintenance of 

5 the 2030 carbon dioxide standard; 

6 ‘‘(ii) establishment of, and require7 ments and guidance relevant to, the 2040 

8 carbon dioxide standard; and 

9 ‘‘(iii) requirements and guidance rel10 evant to the 2040 methane standard. 

11 ‘‘(B) CONSIDERATIONS FOR 2040 CARBON

12 DIOXIDE STANDARD.—In determining the 2040 

13 carbon dioxide standard, the Administrator 

14 shall take into consideration— 

15 ‘‘(i) the best available science on the 

16 needed pace of reducing greenhouse gas 

17 emissions to limit global warming to 1.5° 

18 Celsius; 

19 ‘‘(ii) the international commitments 

20 by the United States to address climate 

21 change, so as to ensure that such standard 

22 is, at a minimum, consistent with such 

23 commitments; 

24 ‘‘(iii) the degree of progress consid25 ered necessary by calendar year 2040 to 


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1 maximize the likelihood that there is an 

2 economically and technically feasible path 

3 forward from such date to achieve the na4 tional climate standard; and 

5 ‘‘(iv) the projected emissions reduc6 tions from every State’s plan under this 

7 title and projected emissions reductions 

8 from all other enforceable domestic green9 house gas reduction measures. 

10 ‘‘(3) PLANNING PERIOD 3.—The regulations 

11 under subsection (a)(2) for planning period 3 shall 

12 include— 

13 ‘‘(A) requirements for maintenance of the 

14 2040 carbon dioxide standard and the 2040 

15 methane standard; and 

16 ‘‘(B) such other provisions as the Adminis17 trator determines necessary for the achievement 

18 of the national climate standard. 

19 ‘‘(h) RULEMAKINGS.—In exercising any requirement 

20 or authority in this title to act by regulation, the Adminis21 trator shall comply with the requirements of section 

22 307(d). 

23 ‘‘(i) GUIDELINES, INTERPRETATIONS, AND INFORMA24 TION.—In order to facilitate submission by the States of 

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1 ble requirements of this title, the Administrator shall, as 

2 appropriate and from time to time, issue written guide3 lines, interpretations, and information to the States which 

4 shall be available to the public. 

5 ‘‘SEC. 706. STATE CLIMATE PLAN CONTENTS. 

6 ‘‘(a) REQUIRED CONTENTS.—Each climate plan or 

7 revision thereto submitted by a State under this title shall 

8 be adopted by the State after reasonable notice and public 

9 hearing. Each such climate plan shall— 

10 ‘‘(1) include enforceable emission limitations 

11 and other control measures, means, or techniques 

12 (including economic incentives such as fees, market13 able permits, and auctions of emissions rights), as 

14 well as schedules and timetables for compliance, as 

15 may be necessary or appropriate to meet the applica16 ble requirements of this title; 

17 ‘‘(2) provide for establishment and operation of 

18 appropriate devices, methods, systems, and proce19 dures necessary to— 

20 ‘‘(A) monitor, compile, and analyze data on 

21 covered emissions, negative emissions, and 

22 sinks; and 

23 ‘‘(B) upon request, make such data avail24 able to the Administrator; 


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1 ‘‘(3) include a program to provide for the en2 forcement of the emission limitations and other con3 trol measures, means, or techniques described in 

4 paragraph (1); 

5 ‘‘(4) provide necessary assurances that— 

6 ‘‘(A) the State (or, except where the Ad7 ministrator determines inappropriate, the gen8 eral purpose local government or governments, 

9 or a regional agency designated by the State or 

10 general purpose local government or govern11 ments)— 

12 ‘‘(i) will have adequate personnel, 

13 funding, and authority under State law to 

14 carry out such climate plan; and 

15 ‘‘(ii) is not prohibited by any Federal 

16 or State law from carrying out such cli17 mate plan or any portion thereof; 

18 ‘‘(B) the State will apply the requirements 

19 of section 128 to any board or body that ap20 proves permits or enforcement orders under this 

21 title; and 

22 ‘‘(C) where the State relies on a local or 

23 regional government, agency, or instrumentality 

24 for the implementation of any plan provision, 


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1 the State will be responsible for ensuring ade2 quate implementation of such plan provision; 

3 ‘‘(5) require, as may be prescribed by the Ad4 ministrator— 

5 ‘‘(A) the installation, maintenance, and re6 placement of equipment, and the implementa7 tion of other necessary steps, by owners or op8 erators of stationary sources to monitor emis9 sions from sources of covered emissions; 

10 ‘‘(B) periodic reports on the nature and 

11 amounts of emissions and emissions-related 

12 data from such sources; and 

13 ‘‘(C) correlation of such reports by the 

14 State with the standards established pursuant 

15 to this title, which reports shall be available on 

16 the internet for public inspection; 

17 ‘‘(6) provide for revision of such climate plan— 

18 ‘‘(A) from time to time as may be nec19 essary to take account of revisions of the stand20 ards established under this title or the avail21 ability of improved or more expeditious methods 

22 of achieving such standards; and 

23 ‘‘(B) whenever the Administrator finds on 

24 the basis of information available to the Admin25 istrator that the climate plan is substantially 


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1 inadequate to achieve any of the standards es2 tablished under this title or to otherwise comply 

3 with any additional requirements established 

4 under this title; and 

5 ‘‘(7) provide for consultation and participation 

6 by local political subdivisions affected by the climate 

7 plan. 

8 ‘‘(b) JUST AND EQUITABLE TRANSITION.— 

9 ‘‘(1) IN GENERAL.—A State climate plan under 

10 this title shall contain a just and equitable transition 

11 element that addresses how the State will— 

12 ‘‘(A) improve public health, resilience, and 

13 environmental outcomes, especially for rural 

14 communities, low-income communities, commu15 nities of color, indigenous communities, 

16 deindustrialized communities, and climate-im17 pacted communities that are or are likely to be 

18 disproportionately affected by climate change or 

19 other pollution; and 

20 ‘‘(B) ensure fairness and equity for work21 ers and communities affected by the implemen22 tation of this title. 

23 ‘‘(2) DEFINITIONS.—In this subsection— 

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1 nity’ have the meaning given such terms in sec2 tion 601 of the CLEAN Future Act; and 

3 ‘‘(B) the term ‘climate-impacted commu4 nities’ has the meaning given such term in sec5 tion 1621 of the Energy Policy Act of 2005. 

6 ‘‘(c) CONTINGENCY MEASURES.—A State climate 

7 plan under this title shall provide for the implementation 

8 of specific measures that— 

9 ‘‘(1) will apply if the State fails to timely 

10 achieve an applicable standard under this title; and 

11 ‘‘(2) will apply by operation of the plan without 

12 further action by the State or the Administrator. 

13 ‘‘SEC. 707. EPA ACTION ON PLAN SUBMISSIONS. 

14 ‘‘(a) COMPLETENESS OF PLAN SUBMISSIONS.— 

15 ‘‘(1) COMPLETENESS CRITERIA.—Not later 

16 than 18 months after the date of the enactment of 

17 this title, the Administrator shall promulgate min18 imum criteria that any State climate plan or plan 

19 revision submitted under this title must meet before 

20 the Administrator is required to act on such submis21 sion. The criteria shall be limited to the information 

22 necessary to enable the Administrator to determine 

23 whether the submission complies with this title. 

24 ‘‘(2) COMPLETENESS FINDING.—Not later than 

25 60 days after the Administrator’s receipt of a State 


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1 climate plan or plan revision under this title, the Ad2 ministrator shall determine whether the minimum 

3 criteria promulgated pursuant to paragraph (1) have 

4 been met. If the Administrator fails to determine 

5 whether a State climate plan or plan revision sub6 mitted under this title meets such minimum criteria 

7 by the date that is 6 months after receipt of the sub8 mission, such plan or plan revision is deemed to 

9 meet such minimum criteria. 

10 ‘‘(3) EFFECT OF FINDING OF INCOMPLETE11 NESS.—Where the Administrator determines under 

12 paragraph (2) that a plan or plan revision (or part 

13 thereof) submitted under this title does not meet the 

14 minimum criteria promulgated pursuant to para15 graph (1), the Administrator shall treat such plan or 

16 plan revision (or, in the Administrator’s discretion, 

17 part thereof) as having not been submitted. 

18 ‘‘(b) DEADLINE FOR ACTION.—Not later than 12 

19 months after a determination by the Administrator (or a 

20 determination deemed by operation of law) under sub21 section (a) that a State has submitted a plan or plan revi22 sion (or, in the Administrator’s discretion, part thereof) 

23 that meets the minimum criteria promulgated pursuant to 

24 subsection (a), the Administrator shall act on the submis25 sion in accordance with subsection (c). 


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1 ‘‘(c) FULL AND PARTIAL APPROVAL AND DIS2 APPROVAL.—In the case of any submission of a plan or 

3 plan revision on which the Administrator is required to 

4 act under subsection (b), the Administrator— 

5 ‘‘(1) shall approve such plan or plan revision as 

6 a whole if it meets all of the applicable requirements 

7 of this title; 

8 ‘‘(2) if a portion of the plan or plan revision 

9 meets all the applicable requirements of this title, 

10 may approve the plan or plan revision in part and 

11 disapprove the plan or plan revision in part; and 

12 ‘‘(3) shall not treat the plan revision as meeting 

13 the requirements of this title until the Administrator 

14 approves the entire plan revision as complying with 

15 the applicable requirements of this title. 

16 ‘‘(d) CALLS FOR PLAN REVISIONS.— 

17 ‘‘(1) IN GENERAL.—Whenever the Adminis18 trator finds that the applicable climate plan for any 

19 State is substantially inadequate to achieve any ap20 plicable standard established under this title or to 

21 maintain the national climate standard, or to other22 wise comply with any requirement of this title, the 

23 Administrator shall require the State to revise the 

24 plan as necessary to correct all such inadequacies. 


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1 ‘‘(2) NOTIFICATION.—The Administrator shall 

2 notify the State of such inadequacies, and may es3 tablish reasonable deadlines (not to exceed 12 

4 months after the date of such notice) for the submis5 sion of such plan revisions. 

6 ‘‘(3) PUBLIC AVAILABILITY.—Such findings and 

7 notice shall be public. 

8 ‘‘(e) PLAN REVISIONS.—The Administrator shall not 

9 approve a revision of a climate plan if the revision would 

10 interfere with— 

11 ‘‘(1) any applicable requirement concerning 

12 achievement of a standard established under this 

13 title; or 

14 ‘‘(2) any other applicable requirement of this 

15 title. 

16 ‘‘(f) CORRECTIONS.—Whenever the Administrator 

17 determines that the approval or disapproval of any plan 

18 or plan revision (or part thereof) under this section was 

19 in error, the Administrator may in the same manner as 

20 the approval or disapproval, revise such action as appro21 priate without requiring any further submission from the 

22 State. Such determination and the basis thereof shall be 

23 provided to the State and public. 

24 ‘‘(g) PLAN REVISIONS REQUIRED IN RESPONSE TO

25 FINDING OF PLAN INADEQUACY.—Any plan revision that 


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1 is required to be submitted in response to a finding by 

2 the Administrator pursuant to subsection (d) shall correct 

3 the plan inadequacy (or inadequacies) specified by the Ad4 ministrator and meet all other applicable plan require5 ments of this title. 

6 ‘‘(h) REPORTS.—The Administrator may require a 

7 State to submit reports relating to emissions reductions, 

8 vehicle miles traveled, congestion levels, and any other in9 formation the Administrator determines necessary to as10 sess the development, effectiveness, need for revision, or 

11 implementation of any plan or plan revision required 

12 under this title. 

13 ‘‘(i) COMPREHENSIVE DOCUMENT.—Not later than 5 

14 years after the date of enactment of this title, and every 

15 3 years thereafter, the Administrator shall assemble and 

16 publish a comprehensive document for each State setting 

17 forth all requirements of the applicable climate plan for 

18 such State and shall publish notice in the Federal Register 

19 of the availability of each such document. 

20 ‘‘(j) INDIAN TRIBES.—If an Indian tribe submits a 

21 climate plan under this title to the Administrator pursuant 

22 to section 301(d), the Administrator shall review the plan 

23 in accordance with the provisions of this section for review 

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1 gated pursuant to section 301(d)(2). When such plan be2 comes effective in accordance with the regulations promul3 gated under section 301(d), the plan shall become applica4 ble to all areas (except as expressly provided otherwise in 

5 the plan) located within the exterior boundaries of the res6 ervation, notwithstanding the issuance of any patent and 

7 including rights-of-way running through the reservation. 

8 ‘‘SEC. 708. METROPOLITAN PLANNING AND TRANSPOR9 TATION CONSEQUENCES. 

10 ‘‘(a) IN GENERAL.—Subsections (c) and (d) of sec11 tion 176 shall apply with respect to a climate plan under 

12 section 704 to the same extent and in the same manner 

13 as such subsections apply with respect to an implementa14 tion plan under section 110. 

15 ‘‘(b) REFERENCES.—In applying subsection (a) of 

16 this section, references in subsection (c) or (d) of section 

17 176 to national ambient air quality standards shall be 

18 treated as references to the standards established under 

19 this title. 

20 ‘‘SEC. 709. JOINT PLANNING. 

21 ‘‘(a) IN GENERAL.—Two or more States may jointly 

22 submit climate plans or components thereof to achieve the 

23 standards established under this title— 

24 ‘‘(1) for all of the submitting States; or 


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1 ‘‘(2) for specific economic sectors in the submit2 ting States. 

3 ‘‘(b) EVALUATION OF JOINT SUBMISSIONS.—The 

4 Administrator shall treat States that submit climate plans 

5 or components jointly pursuant to subsection (a) as a sin6 gle jurisdiction when— 

7 ‘‘(1) evaluating the adequacy of the joint plan 

8 or component under this title; and 

9 ‘‘(2) determining under section 711 whether the 

10 States have achieved the applicable standards estab11 lished under this title. 

12 ‘‘SEC. 710. MAINTENANCE PLANS. 

13 ‘‘(a) PLAN REVISION.—Each State that submits to 

14 the Administrator a request for designation as having 

15 achieved the national climate standard shall submit a revi16 sion to the State climate plan for maintaining the national 

17 climate standard for at least 10 years after such designa18 tion. 

19 ‘‘(b) SUBSEQUENT PLAN REVISION.—Not later than 

20 8 years after the Administrator designates a State as 

21 achieving the national climate standard, the State shall 

22 submit to the Administrator an additional revision to the 

23 State climate plan for maintaining the national climate 

24 standard for 10 years after the expiration of the 10-year 

25 period referred to in subsection (a). 


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1 ‘‘(c) ADDITIONAL MEASURES.—Each plan revision 

2 submitted under this section shall include in the revision 

3 such additional measures, if any, as may be necessary to 

4 ensure maintenance of the national climate standard. 

5 ‘‘(d) CONTINGENCY PROVISIONS.—Each plan revi6 sion submitted under this section shall— 

7 ‘‘(1) contain such contingency provisions as the 

8 Administrator determines necessary to ensure that 

9 the State will promptly correct any violation of the 

10 national climate standard which occurs after the 

11 designation under section 711 of the State as achiev12 ing such standard; and 

13 ‘‘(2) include in such contingency provisions a 

14 requirement that the State will implement all meas15 ures with respect to the control of covered emissions 

16 which were contained in the State climate plan be17 fore such designation. 

18 ‘‘SEC. 711. ACHIEVEMENT OF STANDARDS. 

19 ‘‘(a) DETERMINATION.— 

20 ‘‘(1) IN GENERAL.—As expeditiously as prac21 ticable after any date by which a State is required 

22 to achieve a standard established under this title, 

23 but not later than 12 months after such date, the 

24 Administrator shall determine whether each State 

25 achieved the applicable standard by that date. 


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1 ‘‘(2) REVISION.—The Administrator may revise 

2 or supplement a determination under paragraph (1) 

3 at any time based on more complete information or 

4 analysis concerning the State’s inventory under sec5 tion 702. 

6 ‘‘(b) DESIGNATION.—The Administrator may, upon 

7 request by a State, designate the State as having achieved 

8 a standard established under this title, if— 

9 ‘‘(1) the Administrator determines under sub10 section (a) that the State has achieved the applicable 

11 standard; 

12 ‘‘(2) the Administrator has fully approved the 

13 climate plan required by this title for the State; 

14 ‘‘(3) the Administrator determines that reduc15 tion in covered emissions is due to permanent and 

16 enforceable reductions in emissions resulting from 

17 implementation of the climate plan and applicable 

18 Federal laws or regulations and other permanent 

19 and enforceable reductions; 

20 ‘‘(4) if applicable, the Administrator has fully 

21 approved under section 710 a revision by the State 

22 to a climate plan for maintaining the national cli23 mate standard; and 

24 ‘‘(5) the State has met all requirements applica25 ble under this title. 


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1 ‘‘(c) ACCOUNTING.—The Administrator shall promul2 gate regulations setting forth the manner by which the 

3 Administrator will determine under subsection (a) whether 

4 a State has achieved a standard established under this 

5 title. Such regulations shall provide that the Administrator 

6 shall account for offsets possessed and submitted by a 

7 State for purposes of demonstrating achievement of the 

8 national climate standard. In determining whether a State 

9 has achieved the national climate standard, the Adminis10 trator shall account for negative emissions and sinks. 

11 ‘‘SEC. 712. NOTICE OF FAILURE TO ACHIEVE A STANDARD. 

12 ‘‘Not later than 30 days after making a determina13 tion under section 711 that a State has failed to timely 

14 achieve a standard established under this title, the Admin15 istrator shall publish a notice in the Federal Register con16 taining such determination. 

17 ‘‘SEC. 713. CONSEQUENCES FOR FAILURE TO ACHIEVE 

18 STANDARDS. 

19 ‘‘(a) IN GENERAL.—A State shall submit a revision 

20 to its climate plan in accordance with this section not later 

21 than 1 year after— 

22 ‘‘(1) the Administrator publishes a notice under 

23 section 712 of a determination that such State has 

24 failed to timely achieve a standard established under 

25 this title; or 


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1 ‘‘(2) such State submits an inventory under sec2 tion 702 demonstrating that it has failed to timely 

3 achieve a standard established under this title, irre4 spective of whether the Administrator has published 

5 a notice of such failure under section 712. 

6 ‘‘(b) FAILURE TO ACHIEVE 2030 CARBON DIOXIDE

7 STANDARD.— 

8 ‘‘(1) REQUIRED REVISION.—If a State fails to 

9 timely achieve the 2030 carbon dioxide standard as 

10 described in subsection (a), the State shall submit a 

11 plan revision to its State climate plan that— 

12 ‘‘(A) provides for achieving the 2030 car13 bon dioxide standard; 

14 ‘‘(B) provides for, from the date of such 

15 submission until achieving the 2030 carbon di16 oxide standard, an annual reduction in covered 

17 emissions within the State of not less than 5 

18 percent of the amount of such emissions as re19 ported in the calendar year 2030 inventory sub20 mitted by the State; and 

21 ‘‘(C) ensures that the revised plan requires 

22 that— 

23 ‘‘(i) a permit must be obtained for the 

24 construction and operation of any new or 

25 modified source of covered emissions in the 


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1 State that emits 25,000 tons or more per 

2 year of carbon dioxide equivalent; 

3 ‘‘(ii) the owner or operator of— 

4 ‘‘(I) such a modified source must 

5 offset its increased covered emissions 

6 attributable to such each such modi7 fication by obtaining emissions reduc8 tions from the same source or other 

9 sources in the same State on a 2-to10 1 ratio of emissions reductions to in11 creased covered emissions by tonnage; 

12 and 

13 ‘‘(II) such a new source must off14 set its covered emissions by obtaining 

15 emissions reductions from the same 

16 source or other sources in the same 

17 State on a 2-to-1 ratio of emissions 

18 reductions to covered emissions by 

19 tonnage; 

20 ‘‘(iii) such covered emissions reduc21 tions must be, by the time a new or modi22 fied source described in clause (i) com23 mences operation, in effect and enforce24 able; 


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1 ‘‘(iv) emissions reductions required 

2 under any Federal or State law other than 

3 this title are not creditable as emissions re4 ductions for purposes of the offset require5 ment under this paragraph; and 

6 ‘‘(v) any emissions reductions required 

7 pursuant to this paragraph as a pre8 condition of the issuance of a permit are 

9 federally enforceable before such permit 

10 may be issued. 

11 ‘‘(2) CESSATION.—The requirements of this 

12 subsection cease to apply with respect to a State de13 scribed in paragraph (1) once such State has— 

14 ‘‘(A) achieved the 2030 carbon dioxide 

15 standard and received a designation of such 

16 achievement under section 711; and 

17 ‘‘(B) obtained the Administrator’s approval 

18 of a climate plan for the State for planning pe19 riod 2, including a satisfactory demonstration 

20 that the plan will result in achieving the 2040 

21 carbon dioxide standard. 

22 ‘‘(c) FAILURE TO ACHIEVE 2040 CARBON DIOXIDE

23 STANDARD.— 

24 ‘‘(1) REQUIRED REVISION.—If a State fails to 

25 timely achieve the 2040 carbon dioxide standard as 


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1 described in subsection (a), the State shall submit a 

2 plan revision for the applicable State climate plan 

3 that— 

4 ‘‘(A) provides for achievement of the 2040 

5 carbon dioxide standard; 

6 ‘‘(B) provides for, from the date of such 

7 submission until achievement of the 2040 car8 bon dioxide standard, an annual reduction in 

9 covered emissions within the State of not less 

10 than 10 percent of the amount of such emis11 sions as reported in the calendar year 2040 in12 ventory submitted by the State; and 

13 ‘‘(C) ensures that the revised plan includes 

14 each requirement listed in subsection (b)(1)(C), 

15 except that the reference to any 2-to-1 ratio in 

16 such subsection shall be treated as a reference 

17 to a 3-to-1 ratio for purposes of this subsection. 

18 ‘‘(2) CESSATION.—The requirements of this 

19 subsection cease to apply with respect to a State de20 scribed in paragraph (1) once such State has— 

21 ‘‘(A) achieved the 2040 carbon dioxide 

22 standard and received a designation of such 

23 achievement under section 711; and 

24 ‘‘(B) obtained the Administrator’s approval 

25 of the climate plan for the State for planning 


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1 period 3, including a satisfactory demonstration 

2 that the plan will result in achieving the na3 tional climate standard. 

4 ‘‘(d) FAILURE TO ACHIEVE 2040 METHANE STAND5 ARD.— 

6 ‘‘(1) REQUIRED REVISION.—If a State fails to 

7 timely achieve the 2040 methane standard as de8 scribed in subsection (a), the State shall submit a 

9 plan revision for the applicable State climate plan 

10 that— 

11 ‘‘(A) provides for achievement of the 2040 

12 methane standard; and 

13 ‘‘(B) provides for, from the date of such 

14 submission until achievement of the 2040 meth15 ane standard, an annual reduction in covered 

16 emissions of methane within the State of not 

17 less than 5 percent of the amount of such emis18 sions as reported in the calendar year 2040 in19 ventory submitted by the State. 

20 ‘‘(2) CESSATION.—The requirements of this 

21 subsection cease to apply with respect to a State de22 scribed in paragraph (1) once such State has— 

23 ‘‘(A) achieved the 2040 methane standard 

24 and received a designation of such achievement 

25 under section 711; and 


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1 ‘‘(B) obtained the Administrator’s approval 

2 of the climate plan for the State for planning 

3 period 3, including a satisfactory demonstration 

4 that the plan will result in achieving the na5 tional climate standard. 

6 ‘‘(e) FAILURE TO ACHIEVE NATIONAL CLIMATE

7 STANDARD.—If a State fails to timely achieve the national 

8 climate standard as described in subsection (a), the State 

9 shall submit a plan revision for the applicable State cli10 mate plan that— 

11 ‘‘(1) provides for achievement of the national 

12 climate standard; and 

13 ‘‘(2) provides for, from the date of such submis14 sion until achievement of the national climate stand15 ard, an annual reduction in covered emissions within 

16 the State of not less than 10 percent of the amount 

17 of such emissions as reported in the calendar year 

18 2050 inventory submitted by the State. 

19 ‘‘(f) MEASURES TO INCLUDE.—A plan revision re20 quired by this section shall include such additional meas21 ures as the Administrator may reasonably by regulation 

22 prescribe, including measures that can be feasibly imple23 mented in the State in light of technological achievability, 

24 costs, and any non-air quality and other air quality-related 

25 health and environmental impacts. 


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1 ‘‘SEC. 714. RACE TO NET-ZERO GRANT PROGRAM. 

2 ‘‘(a) ESTABLISHMENT.—Not later than 12 months 

3 after the date of enactment of this title, the Administrator 

4 shall establish a grant program to be known as the Race 

5 to Net-Zero Grant Program. 

6 ‘‘(b) DISTRIBUTION.—Sources that paid a carbon fee 

7 under section 715 for the current or preceding fiscal year 

8 may apply for and receive funds under the grant program 

9 established under subsection (a) in order to facilitate the 

10 achievement of the standards under this title through the 

11 reduction of covered emissions, through the following ac12 tivities: 

13 ‘‘(1) Any project that the Administrator deter14 mines will directly reduce covered emissions at the 

15 source receiving the grant, including any such 

16 project for improving energy efficiency. 

17 ‘‘(2) Implementation of the practices and activi18 ties included in the carbon removal model control 

19 strategy under section 705(e). 

20 ‘‘(3) Implementation of zero-emissions trans21 portation technology development and deployment 

22 strategies, including deployment of— 

23 ‘‘(A) zero-emission vehicles, including light24 , medium-, and heavy-duty vehicles; and 

25 ‘‘(B) distribution and delivery infrastruc26 ture to support zero-emissions vehicle charging 


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1 and refueling, including improvements to elec2 trical grid infrastructure. 

3 ‘‘(4) Electrification of residential and commer4 cial energy uses that results in the reduced demand 

5 for natural gas, heating oil, gasoline, diesel fuel, or 

6 propane. 

7 ‘‘(5) Emissions reductions from industrial 

8 sources. 

9 ‘‘(6) Reduction, capture, and use of landfill gas. 

10 ‘‘(c) ACTION BY GRANTEES.—A source that receives 

11 funds under this section shall maintain such records on 

12 the use of such funds, including evidence of compliance 

13 with the provisions of this section, as the Administrator 

14 may require. 

15 ‘‘(d) GUIDELINES AND CRITERIA.—The Adminis16 trator may issue such guidelines and criteria for the grant 

17 program under this section as the Administrator deter18 mines to be appropriate. 

19 ‘‘(e) DAVIS-BACON.—Notwithstanding any other pro20 vision of law and in a manner consistent with other provi21 sions in this section, to receive funding under this section, 

22 a source shall provide reasonable assurances that all labor23 ers and mechanics employed by contractors and sub24 contractors on projects funded directly by or assisted in 

25 whole or in part by and through the Federal Government 


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1 pursuant to this section, will be paid wages at rates not 

2 less than those prevailing on projects of a character simi3 lar in the locality as determined by the Secretary of Labor 

4 in accordance with subchapter IV of chapter 31 of title 

5 40, United States Code. With respect to the labor stand6 ards specified in this subsection, the Secretary of Labor 

7 shall have the authority and functions set forth in Reorga8 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 

9 U.S.C. App.) and section 3145 of title 40, United States 

10 Code. 

11 ‘‘SEC. 715. FEDERAL BACKSTOP CARBON FEE. 

12 ‘‘(a) APPLICATION.— 

13 ‘‘(1) STATES IN WHICH FEE APPLIES.—A car14 bon fee under this section shall only be assessed and 

15 collected with respect to covered emissions in— 

16 ‘‘(A) a State that does not submit a cli17 mate plan or plan revision required under this 

18 title by the applicable deadline; and 

19 ‘‘(B) a State for which the Administrator 

20 disapproves, in whole or in part, the climate 

21 plan or any plan revision required under this 

22 title. 

23 ‘‘(2) TIMING.—A carbon fee under this section 

24 shall be assessed and collected— 


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1 ‘‘(A) with respect to a State described in 

2 paragraph (1)(A), beginning 180 days after the 

3 applicable deadline described in such para4 graph; and 

5 ‘‘(B) with respect to a State described in 

6 paragraph (1)(B), beginning 180 days after 

7 publication of the notice of disapproval. 

8 ‘‘(b) CARBON FEE.—Subject to subsection (a), the 

9 Administrator shall annually assess and collect a carbon 

10 fee from— 

11 ‘‘(1) each terminal used for bulk storage of, and 

12 each distributor of, fuels that are described in sec13 tion 702(a)(1), as determined by the Administrator, 

14 based on the amount of covered emissions attrib15 utable to the combustion of such fuels sold or trans16 ferred by the terminal or distributor for delivery in 

17 each State in which the fee is being assessed; and 

18 ‘‘(2) each source of covered emissions that is 

19 described in paragraph (2) or (3) of section 702(a) 

20 based on the amount of covered emissions attrib21 utable to such source in the inventory submitted 

22 pursuant to section 702 by a State in which the fee 

23 is being assessed. 

24 ‘‘(c) AMOUNT OF THE CARBON FEE.—Not later than 

25 90 days after a triggering event described in subsection 


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1 (a)(1) occurs with respect to a State, the Administrator 

2 shall set the amount of a carbon fee to be collected under 

3 subsection (b). Such amount shall be equal to— 

4 ‘‘(1) the number of metric tons of covered emis5 sions, measured in carbon dioxide equivalent that 

6 are attributable, as described in subsection (b), to 

7 the terminal used for bulk storage of fuels, dis8 tributor of fuels, or source of covered emissions; 

9 multiplied by 

10 ‘‘(2) a dollar amount which modeling predicts 

11 with a high degree of confidence will reduce covered 

12 emissions in the State so as to put the State on a 

13 trajectory to timely achieve the standards estab14 lished under this title. 

15 ‘‘(d) EXEMPTION AND REFUND.—The Administrator 

16 shall— 

17 ‘‘(1) ensure a carbon fee under this section is 

18 not assessed and collected with respect to any non19 emitting use within the State in which the fee is 

20 being assessed; and 

21 ‘‘(2) provide for the refund of any carbon fee 

22 paid under this section with respect to a nonemitting 

23 use within the State in which the fee is being as24 sessed. 


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1 ‘‘(e) AVAILABILITY.—All carbon fees collected under 

2 this section shall be available for, and used solely to fund, 

3 the program under section 714, without further appropria4 tion and without fiscal year limitation. 

5 ‘‘SEC. 716. RULE OF CONSTRUCTION. 

6 ‘‘Nothing in this title affects the authorities and obli7 gations of the Administrator and the States under other 

8 titles of this Act to reduce greenhouse gas emissions that 

9 contribute to air pollution which may reasonably be antici10 pated to endanger public health or welfare in the United 

11 States or other nations.’’. 

12 Subtitle B—Clean Energy and 

13 Sustainability Accelerator 

14 SEC. 811. CLEAN ENERGY AND SUSTAINABILITY ACCEL15 ERATOR. 

16 Title XVI of the Energy Policy Act of 2005 (Public 

17 Law 109–58, as amended) is amended by adding at the 

18 end the following new subtitle: 

19 ‘‘Subtitle C—Clean Energy and 

20 Sustainability Accelerator 

21 ‘‘SEC. 1621. DEFINITIONS. 

22 ‘‘In this subtitle: 

23 ‘‘(1) ACCELERATOR.—The term ‘Accelerator’ 

24 means the Clean Energy and Sustainability Accel25 erator established under section 1622. 


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1 ‘‘(2) BOARD.—The term ‘Board’ means the 

2 Board of Directors of the Accelerator. 

3 ‘‘(3) CHIEF EXECUTIVE OFFICER.—The term 

4 ‘chief executive officer’ means the chief executive of5 ficer of the Accelerator. 

6 ‘‘(4) CLIMATE-IMPACTED COMMUNITIES.—The 

7 term ‘climate-impacted communities’ includes— 

8 ‘‘(A) communities of color, which include 

9 any geographically distinct area the population 

10 of color of which is higher than the average 

11 population of color of the State in which the 

12 community is located; 

13 ‘‘(B) communities that are already or are 

14 likely to be the first communities to feel the di15 rect negative effects of climate change; 

16 ‘‘(C) distressed neighborhoods, dem17 onstrated by indicators of need, including pov18 erty, childhood obesity rates, academic failure, 

19 and rates of juvenile delinquency, adjudication, 

20 or incarceration; 

21 ‘‘(D) low-income communities, defined as 

22 any census block group in which 30 percent or 

23 more of the population are individuals with low 

24 income; 


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1 ‘‘(E) low-income households, defined as a 

2 household with annual income equal to, or less 

3 than, the greater of— 

4 ‘‘(i) an amount equal to 80 percent of 

5 the median income of the area in which the 

6 household is located, as reported by the 

7 Department of Housing and Urban Devel8 opment; and 

9 ‘‘(ii) 200 percent of the Federal pov10 erty line; 

11 ‘‘(F) Tribal communities; 

12 ‘‘(G) persistent poverty counties, defined 

13 as any county that has had a poverty rate of 20 

14 percent or more for the past 30 years as meas15 ured by the 2000, 2010, and 2020 decennial 

16 censuses; 

17 ‘‘(H) communities disproportionately af18 fected by environmental pollution and other 

19 hazards that can lead to negative public health 

20 effects; and 

21 ‘‘(I) communities that are economically re22 liant on fossil fuel-based industries. 

23 ‘‘(5) CLIMATE RESILIENT INFRASTRUCTURE.— 

24 The term ‘climate resilient infrastructure’ means 


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1 any project that builds or enhances infrastructure so 

2 that such infrastructure— 

3 ‘‘(A) is planned, designed, and operated in 

4 a way that anticipates, prepares for, and adapts 

5 to changing climate conditions; and 

6 ‘‘(B) can withstand, respond to, and re7 cover rapidly from disruptions caused by these 

8 climate conditions. 

9 ‘‘(6) ELECTRIFICATION.—The term ‘electrifica10 tion’ means the installation, construction, or use of 

11 end-use electric technology that replaces existing fos12 sil-fuel-based technology. 

13 ‘‘(7) ENERGY EFFICIENCY.—The term ‘energy 

14 efficiency’ means any project, technology, function, 

15 or measure that results in the reduction of energy 

16 use required to achieve the same level of service or 

17 output prior to the application of such project, tech18 nology, function, or measure, or substantially re19 duces greenhouse gas emissions relative to emissions 

20 that would have occurred prior to the application of 

21 such project, technology, function, or measure. 

22 ‘‘(8) FUEL SWITCHING.—The term ‘fuel switch23 ing’ means any project that replaces a fossil-fuel24 based heating system with an electric-powered sys25 tem or one powered by biomass-generated heat. 


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1 ‘‘(9) GREEN BANK.—The term ‘green bank’ 

2 means a dedicated public or nonprofit specialized fi3 nance entity that— 

4 ‘‘(A) is designed to drive private capital 

5 into market gaps for low- and zero-emission 

6 goods and services; 

7 ‘‘(B) uses finance tools to mitigate climate 

8 change; 

9 ‘‘(C) does not take deposits; 

10 ‘‘(D) is funded by government, public, pri11 vate, or charitable contributions; and 

12 ‘‘(E) invests or finances projects— 

13 ‘‘(i) alone; or 

14 ‘‘(ii) in conjunction with other inves15 tors. 

16 ‘‘(10) QUALIFIED PROJECTS.—The term ‘quali17 fied projects’ means the following kinds of tech18 nologies and activities that are eligible for financing 

19 and investment from the Clean Energy and Sustain20 ability Accelerator, either directly or through State, 

21 Territorial, and local green banks funded by the 

22 Clean Energy and Sustainability Accelerator: 

23 ‘‘(A) Renewable energy generation, includ24 ing the following: 

25 ‘‘(i) Solar. 


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1 ‘‘(ii) Wind. 

2 ‘‘(iii) Geothermal. 

3 ‘‘(iv) Hydropower. 

4 ‘‘(v) Ocean and hydrokinetic. 

5 ‘‘(vi) Fuel cell. 

6 ‘‘(B) Building energy efficiency, fuel 

7 switching, and electrification. 

8 ‘‘(C) Industrial decarbonization. 

9 ‘‘(D) Grid technology such as trans10 mission, distribution, and storage to support 

11 clean energy distribution, including smart-grid 

12 applications. 

13 ‘‘(E) Agriculture and forestry projects that 

14 reduce net greenhouse gas emissions. 

15 ‘‘(F) Clean transportation, including the 

16 following: 

17 ‘‘(i) Battery electric vehicles. 

18 ‘‘(ii) Plug-in hybrid electric vehicles. 

19 ‘‘(iii) Hydrogen vehicles. 

20 ‘‘(iv) Other zero-emissions fueled vehi21 cles. 

22 ‘‘(v) Related vehicle charging and 

23 fueling infrastructure. 

24 ‘‘(G) Climate resilient infrastructure. 


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1 ‘‘(H) Any other key areas identified by the 

2 Board as consistent with the mandate of the 

3 Accelerator as described in section 1623. 

4 ‘‘(11) RENEWABLE ENERGY GENERATION.— 

5 The term ‘renewable energy generation’ means elec6 tricity created by sources that are continually replen7 ished by nature, such as the sun, wind, and water. 

8 ‘‘SEC. 1622. ESTABLISHMENT. 

9 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

10 date of enactment of this subtitle, there shall be estab11 lished a nonprofit corporation to be known as the Clean 

12 Energy and Sustainability Accelerator. 

13 ‘‘(b) LIMITATION.—The Accelerator shall not be an 

14 agency or instrumentality of the Federal Government. 

15 ‘‘(c) FULL FAITH AND CREDIT.—The full faith and 

16 credit of the United States shall not extend to the Accel17 erator. 

18 ‘‘(d) NONPROFIT STATUS.—The Accelerator shall 

19 maintain its status as an organization exempt from tax20 ation under the Internal Revenue Code of 1986 (26 U.S.C. 

21 1 et seq.). 

22 ‘‘SEC. 1623. MANDATE. 

23 ‘‘The Accelerator shall make the United States a 

24 world leader in combating the causes and effects of climate 

25 change through the rapid deployment of mature techVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 nologies and scaling of new technologies by maximizing 

2 the reduction of emissions in the United States for every 

3 dollar deployed by the Accelerator, including by— 

4 ‘‘(1) providing financing support for invest5 ments in the United States in low- and zero-emis6 sions technologies and processes in order to rapidly 

7 accelerate market penetration; 

8 ‘‘(2) catalyzing and mobilizing private capital 

9 through Federal investment and supporting a more 

10 robust marketplace for clean technologies, while 

11 avoiding competition with private investment; 

12 ‘‘(3) enabling climate-impacted communities to 

13 benefit from and afford projects and investments 

14 that reduce emissions; 

15 ‘‘(4) providing support for workers and commu16 nities impacted by the transition to a low-carbon 

17 economy; 

18 ‘‘(5) supporting the creation of green banks 

19 within the United States where green banks do not 

20 exist; and 

21 ‘‘(6) causing the rapid transition to a clean en22 ergy economy without raising energy costs to end 

23 users and seeking to lower costs where possible. 


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1 ‘‘SEC. 1624. FINANCE AND INVESTMENT DIVISION. 

2 ‘‘(a) IN GENERAL.—There shall be within the Accel3 erator a finance and investment division, which shall be 

4 responsible for— 

5 ‘‘(1) the Accelerator’s greenhouse gas emissions 

6 mitigation efforts by directly financing qualifying 

7 projects or doing so indirectly by providing capital to 

8 State, Territorial, and local green banks; 

9 ‘‘(2) originating, evaluating, underwriting, and 

10 closing the Accelerator’s financing and investment 

11 transactions in qualified projects; 

12 ‘‘(3) partnering with private capital providers 

13 and capital markets to attract coinvestment from 

14 private banks, investors, and others in order to drive 

15 new investment into underpenetrated markets, to in16 crease the efficiency of private capital markets with 

17 respect to investing in greenhouse gas reduction 

18 projects, and to increase total investment caused by 

19 the Accelerator; 

20 ‘‘(4) managing the Accelerator’s portfolio of as21 sets to ensure performance and monitor risk; 

22 ‘‘(5) ensuring appropriate debt and risk mitiga23 tion products are offered; and 

24 ‘‘(6) overseeing prudent, noncontrolling equity 

25 investments. 


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1 ‘‘(b) PRODUCTS AND INVESTMENT TYPES.—The fi2 nance and investment division of the Accelerator may pro3 vide capital to qualified projects in the form of— 

4 ‘‘(1) senior, mezzanine, and subordinated debt; 

5 ‘‘(2) credit enhancements including loan loss re6 serves and loan guarantees; 

7 ‘‘(3) aggregation and warehousing; 

8 ‘‘(4) equity capital; and 

9 ‘‘(5) any other financial product approved by 

10 the Board. 

11 ‘‘(c) STATE, TERRITORIAL, AND LOCAL GREEN

12 BANK CAPITALIZATION.—The finance and investment di13 vision of the Accelerator shall make capital available to 

14 State, Territorial, and local green banks to enable such 

15 banks to finance qualifying projects in their markets that 

16 are better served by a locally based entity, rather than 

17 through direct investment by the Accelerator. 

18 ‘‘(d) INVESTMENT COMMITTEE.—The debt, risk miti19 gation, and equity investments made by the Accelerator 

20 shall be— 

21 ‘‘(1) approved by the investment committee of 

22 the Board; and 

23 ‘‘(2) consistent with an investment policy that 

24 has been established by the investment committee of 


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1 the Board in consultation with the risk management 

2 committee of the Board. 

3 ‘‘SEC. 1625. START-UP DIVISION. 

4 ‘‘There shall be within the Accelerator a Start-up Di5 vision, which shall be responsible for providing technical 

6 assistance and start-up funding to States and other polit7 ical subdivisions that do not have green banks to establish 

8 green banks in those States and political subdivisions, in9 cluding by working with relevant stakeholders in those 

10 States and political subdivisions. 

11 ‘‘SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRA12 STRUCTURE FINANCING PROGRAM. 

13 ‘‘Not later than 1 year after the date of establishment 

14 of the Accelerator, the Accelerator shall explore the estab15 lishment of a program to provide low- and zero-interest 

16 loans, up to 30 years in length, to any school, metropolitan 

17 planning organization, or nonprofit organization seeking 

18 financing for the acquisition of zero-emissions vehicle 

19 fleets or associated infrastructure to support zero-emis20 sions vehicle fleets. 

21 ‘‘SEC. 1627. PROJECT PRIORITIZATION AND REQUIRE22 MENTS. 

23 ‘‘(a) EMISSIONS REDUCTION MANDATE.—In invest24 ing in projects that mitigate greenhouse gas emissions, the 

25 Accelerator shall maximize the reduction of emissions in 


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1 the United States for every dollar deployed by the Accel2 erator. 

3 ‘‘(b) ENVIRONMENTAL JUSTICE PRIORITIZATION.— 

4 ‘‘(1) IN GENERAL.—In order to address envi5 ronmental justice needs, the Accelerator shall, as ap6 plicable, prioritize the provision of program benefits 

7 and investment activity that are expected to directly 

8 or indirectly result in the deployment of projects to 

9 serve, as a matter of official policy, climate-impacted 

10 communities. 

11 ‘‘(2) MINIMUM PERCENTAGE.—The Accelerator 

12 shall ensure that over the 30-year period of its char13 ter 40 percent of its investment activity is directed 

14 to serve climate-impacted communities. 

15 ‘‘(c) CONSUMER PROTECTION.— 

16 ‘‘(1) PRIORITIZATION.—Consistent with the 

17 mandate under section 1623 to maximize the reduc18 tion of emissions in the United States for every dol19 lar deployed by the Accelerator, the Accelerator shall 

20 prioritize qualified projects according to benefits 

21 conferred on consumers and affected communities. 

22 ‘‘(2) CONSUMER CREDIT PROTECTION.—The 

23 Accelerator shall ensure that any residential energy 

24 efficiency or distributed clean energy project in 

25 which the Accelerator invests directly or indirectly 


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1 complies with the requirements of the Consumer 

2 Credit Protection Act (15 U.S.C. 1601 et seq.), in3 cluding, in the case of a financial product that is a 

4 residential mortgage loan, any requirements of title 

5 I of that Act relating to residential mortgage loans 

6 (including any regulations promulgated by the Bu7 reau of Consumer Financial Protection under sec8 tion 129C(b)(3)(C) of that Act (15 U.S.C. 

9 1639c(b)(3)(C))). 

10 ‘‘(d) LABOR.— 

11 ‘‘(1) IN GENERAL.—The Accelerator shall en12 sure that laborers and mechanics employed by con13 tractors and subcontractors in construction work fi14 nanced directly by the Accelerator will be paid wages 

15 not less than those prevailing on similar construction 

16 in the locality, as determined by the Secretary of 

17 Labor under sections 3141 through 3144, 3146, and 

18 3147 of title 40, United States Code. 

19 ‘‘(2) PROJECT LABOR AGREEMENT.—The Accel20 erator shall ensure that projects financed directly by 

21 the Accelerator with total capital costs of 

22 $100,000,000 or greater utilize a project labor 

23 agreement. 


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1 ‘‘SEC. 1628. EXPLORATION OF ACCELERATED CLEAN EN2 ERGY TRANSITION PROGRAM. 

3 ‘‘Not later than 1 year after the date on which the 

4 Accelerator is established, the Board shall explore the es5 tablishment of an accelerated clean energy transition pro6 gram— 

7 ‘‘(1) to expedite the transition within the power 

8 sector to zero-emissions power generation facilities 

9 or assets; and 

10 ‘‘(2) to simultaneously invest in local economic 

11 development in communities affected by this transi12 tion away from carbon-intensive facilities or assets. 

13 ‘‘SEC. 1629. BOARD OF DIRECTORS. 

14 ‘‘(a) IN GENERAL.—The Accelerator shall operate 

15 under the direction of a Board of Directors, which shall 

16 be composed of 7 members. 

17 ‘‘(b) INITIAL COMPOSITION AND TERMS.— 

18 ‘‘(1) SELECTION.—The initial members of the 

19 Board shall be selected as follows: 

20 ‘‘(A) APPOINTED MEMBERS.—Three mem21 bers shall be appointed by the President, with 

22 the advice and consent of the Senate, of whom 

23 no more than two shall belong to the same po24 litical party. 

25 ‘‘(B) ELECTED MEMBERS.—Four members 

26 shall be elected unanimously by the 3 members 


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1 appointed and confirmed pursuant to subpara2 graph (A). 

3 ‘‘(2) TERMS.—The terms of the initial members 

4 of the Board shall be as follows: 

5 ‘‘(A) The 3 members appointed and con6 firmed under paragraph (1)(A) shall have initial 

7 5-year terms. 

8 ‘‘(B) Of the 4 members elected under 

9 paragraph (1)(B), 2 shall have initial 3-year 

10 terms, and 2 shall have initial 4-year terms. 

11 ‘‘(c) SUBSEQUENT COMPOSITION AND TERMS.— 

12 ‘‘(1) SELECTION.—Except for the selection of 

13 the initial members of the Board for their initial 

14 terms under subsection (b), the members of the 

15 Board shall be elected by the members of the Board. 

16 ‘‘(2) DISQUALIFICATION.—A member of the 

17 Board shall be disqualified from voting for any posi18 tion on the Board for which such member is a can19 didate. 

20 ‘‘(3) TERMS.—All members elected pursuant to 

21 paragraph (1) shall have a term of 5 years. 

22 ‘‘(d) QUALIFICATIONS.—The members of the Board 

23 shall collectively have expertise in— 


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1 ‘‘(1) the fields of clean energy, electric utilities, 

2 industrial decarbonization, clean transportation, re3 siliency, and agriculture and forestry practices; 

4 ‘‘(2) climate change science; 

5 ‘‘(3) finance and investments; and 

6 ‘‘(4) environmental justice and matters related 

7 to the energy and environmental needs of climate8 impacted communities. 

9 ‘‘(e) RESTRICTION ON MEMBERSHIP.—No officer or 

10 employee of the Federal or any other level of government 

11 may be appointed or elected as a member of the Board. 

12 ‘‘(f) QUORUM.—Five members of the Board shall 

13 constitute a quorum. 

14 ‘‘(g) BYLAWS.— 

15 ‘‘(1) IN GENERAL.—The Board shall adopt, and 

16 may amend, such bylaws as are necessary for the 

17 proper management and functioning of the Accel18 erator. 

19 ‘‘(2) OFFICERS.—In the bylaws described in 

20 paragraph (1), the Board shall— 

21 ‘‘(A) designate the officers of the Accel22 erator; and 

23 ‘‘(B) prescribe the duties of those officers. 

24 ‘‘(h) VACANCIES.—Any vacancy on the Board shall 

25 be filled through election by the Board. 


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1 ‘‘(i) INTERIM APPOINTMENTS.—A member elected to 

2 fill a vacancy occurring before the expiration of the term 

3 for which the predecessor of that member was appointed 

4 or elected shall serve for the remainder of the term for 

5 which the predecessor of that member was appointed or 

6 elected. 

7 ‘‘(j) REAPPOINTMENT.—A member of the Board may 

8 be elected for not more than 1 additional term of service 

9 as a member of the Board. 

10 ‘‘(k) CONTINUATION OF SERVICE.—A member of the 

11 Board whose term has expired may continue to serve on 

12 the Board until the date on which a successor member 

13 is elected. 

14 ‘‘(l) CHIEF EXECUTIVE OFFICER.—The Board shall 

15 appoint a chief executive officer who shall be responsible 

16 for— 

17 ‘‘(1) hiring employees of the Accelerator; 

18 ‘‘(2) establishing the 2 divisions of the Accel19 erator described in sections 1624 and 1625; and 

20 ‘‘(3) performing any other tasks necessary for 

21 the day-to-day operations of the Accelerator. 

22 ‘‘(m) ADVISORY COMMITTEE.— 

23 ‘‘(1) ESTABLISHMENT.—The Accelerator shall 

24 establish an advisory committee (in this subsection 

25 referred to as the ‘advisory committee’), which shall 


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1 be composed of not more than 13 members ap2 pointed by the Board on the recommendation of the 

3 president of the Accelerator. 

4 ‘‘(2) MEMBERS.—Members of the advisory com5 mittee shall be broadly representative of interests 

6 concerned with the environment, production, com7 merce, finance, agriculture, forestry, labor, services, 

8 and State Government. Of such members— 

9 ‘‘(A) not fewer than 3 shall be representa10 tives of the small business community; 

11 ‘‘(B) not fewer than 2 shall be representa12 tives of the labor community, except that no 2 

13 members may be from the same labor union; 

14 ‘‘(C) not fewer than 2 shall be representa15 tives of the environmental nongovernmental or16 ganization community, except that no 2 mem17 bers may be from the same environmental orga18 nization; 

19 ‘‘(D) not fewer than 2 shall be representa20 tives of the environmental justice nongovern21 mental organization community, except that no 

22 2 members may be from the same environ23 mental organization; 

24 ‘‘(E) not fewer than 2 shall be representa25 tives of the consumer protection and fair lendVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ing community, except that no 2 members may 

2 be from the same consumer protection or fair 

3 lending organization; and 

4 ‘‘(F) not fewer than 2 shall be representa5 tives of the financial services industry with 

6 knowledge of and experience in financing trans7 actions for clean energy and other sustainable 

8 infrastructure assets. 

9 ‘‘(3) MEETINGS.—The advisory committee shall 

10 meet not less frequently than once each quarter. 

11 ‘‘(4) DUTIES.—The advisory committee shall— 

12 ‘‘(A) advise the Accelerator on the pro13 grams undertaken by the Accelerator; and 

14 ‘‘(B) submit to the Congress an annual re15 port with comments from the advisory com16 mittee on the extent to which the Accelerator is 

17 meeting the mandate described in section 1623, 

18 including any suggestions for improvement. 

19 ‘‘(n) CHIEF RISK OFFICER.— 

20 ‘‘(1) APPOINTMENT.—Subject to the approval 

21 of the Board, the chief executive officer shall appoint 

22 a chief risk officer from among individuals with ex23 perience at a senior level in financial risk manage24 ment, who— 


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1 ‘‘(A) shall report directly to the Board; 

2 and 

3 ‘‘(B) shall be removable only by a majority 

4 vote of the Board. 

5 ‘‘(2) DUTIES.—The chief risk officer, in coordi6 nation with the risk management and audit commit7 tees established under section 1632, shall develop, 

8 implement, and manage a comprehensive process for 

9 identifying, assessing, monitoring, and limiting risks 

10 to the Accelerator, including the overall portfolio di11 versification of the Accelerator. 

12 ‘‘SEC. 1630. ADMINISTRATION. 

13 ‘‘(a) CAPITALIZATION.— 

14 ‘‘(1) IN GENERAL.—To the extent and in the 

15 amounts provided in advance in appropriations Acts, 

16 the Secretary of Energy shall transfer to the Accel17 erator— 

18 ‘‘(A) $50,000,000,000 on the date on 

19 which the Accelerator is established under sec20 tion 1622; and 

21 ‘‘(B) $10,000,000,000 on October 1 of 

22 each of the 5 fiscal years following that date. 

23 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

24 For purposes of the transfers under paragraph (1), 

25 there are authorized to be appropriated— 


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1 ‘‘(A) $50,000,000,000 for the fiscal year in 

2 which the Accelerator is established under sec3 tion 1622; and 

4 ‘‘(B) $10,000,000,000 for each of the 5 

5 succeeding fiscal years. 

6 ‘‘(b) CHARTER.—The Accelerator shall establish a 

7 charter, the term of which shall be 30 years. 

8 ‘‘(c) USE OF FUNDS AND RECYCLING.—To the ex9 tent and in the amounts provided in advance in appropria10 tions Acts, the Accelerator— 

11 ‘‘(1) may use funds transferred pursuant to 

12 subsection (a)(1) to carry out this subtitle, including 

13 for operating expenses; and 

14 ‘‘(2) shall retain and manage all repayments 

15 and other revenue received under this subtitle from 

16 financing fees, interest, repaid loans, and other types 

17 of funding to carry out this subtitle, including for— 

18 ‘‘(A) operating expenses; and 

19 ‘‘(B) recycling such payments and other 

20 revenue for future lending and capital deploy21 ment in accordance with this subtitle. 

22 ‘‘(d) REPORT.—The Accelerator shall submit on a 

23 quarterly basis to the relevant committees of Congress a 

24 report that describes the financial activities, emissions reVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ductions, and private capital mobilization metrics of the 

2 Accelerator for the previous quarter. 

3 ‘‘(e) RESTRICTION.—The Accelerator shall not accept 

4 deposits. 

5 ‘‘(f) COMMITTEES.—The Board shall establish com6 mittees and subcommittees, including— 

7 ‘‘(1) an investment committee; and 

8 ‘‘(2) in accordance with section 1631— 

9 ‘‘(A) a risk management committee; and 

10 ‘‘(B) an audit committee. 

11 ‘‘SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COM12 MITTEE AND AUDIT COMMITTEE. 

13 ‘‘(a) IN GENERAL.—To assist the Board in fulfilling 

14 the duties and responsibilities of the Board under this sub15 title, the Board shall establish a risk management com16 mittee and an audit committee. 

17 ‘‘(b) DUTIES AND RESPONSIBILITIES OF RISK MAN18 AGEMENT COMMITTEE.—Subject to the direction of the 

19 Board, the risk management committee established under 

20 subsection (a) shall establish policies for and have over21 sight responsibility for— 

22 ‘‘(1) formulating the risk management policies 

23 of the operations of the Accelerator; 


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1 ‘‘(2) reviewing and providing guidance on oper2 ation of the global risk management framework of 

3 the Accelerator; 

4 ‘‘(3) developing policies for— 

5 ‘‘(A) investment; 

6 ‘‘(B) enterprise risk management; 

7 ‘‘(C) monitoring; and 

8 ‘‘(D) management of strategic, 

9 reputational, regulatory, operational, develop10 mental, environmental, social, and financial 

11 risks; and 

12 ‘‘(4) developing the risk profile of the Accel13 erator, including— 

14 ‘‘(A) a risk management and compliance 

15 framework; and 

16 ‘‘(B) a governance structure to support 

17 that framework. 

18 ‘‘(c) DUTIES AND RESPONSIBILITIES OF AUDIT COM19 MITTEE.—Subject to the direction of the Board, the audit 

20 committee established under subsection (a) shall have 

21 oversight responsibility for— 

22 ‘‘(1) the integrity of— 

23 ‘‘(A) the financial reporting of the Accel24 erator; and 


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1 ‘‘(B) the systems of internal controls re2 garding finance and accounting; 

3 ‘‘(2) the integrity of the financial statements of 

4 the Accelerator; 

5 ‘‘(3) the performance of the internal audit func6 tion of the Accelerator; and 

7 ‘‘(4) compliance with the legal and regulatory 

8 requirements related to the finances of the Accel9 erator. 

10 ‘‘SEC. 1632. OVERSIGHT. 

11 ‘‘(a) EXTERNAL OVERSIGHT.—The inspector general 

12 of the Department of Energy shall have oversight respon13 sibilities over the Accelerator. 

14 ‘‘(b) REPORTS AND AUDIT.— 

15 ‘‘(1) ANNUAL REPORT.—The Accelerator shall 

16 publish an annual report which shall be transmitted 

17 by the Accelerator to the President and the Con18 gress. 

19 ‘‘(2) ANNUAL AUDIT OF ACCOUNTS.—The ac20 counts of the Accelerator shall be audited annually. 

21 Such audits shall be conducted in accordance with 

22 generally accepted auditing standards by inde23 pendent certified public accountants who are cer24 tified by a regulatory authority of the jurisdiction in 

25 which the audit is undertaken. 


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1 ‘‘(3) ADDITIONAL AUDITS.—In addition to the 

2 annual audits under paragraph (2), the financial 

3 transactions of the Accelerator for any fiscal year 

4 during which Federal funds are available to finance 

5 any portion of its operations may be audited by the 

6 Government Accountability Office in accordance with 

7 such rules and regulations as may be prescribed by 

8 the Comptroller General of the United States.’’. 

9 Subtitle C—Clean Energy 

10 Workforce 

11 PART 1—OFFICE OF ECONOMIC IMPACT, 

12 DIVERSITY, AND EMPLOYMENT 

13 SEC. 821. NAME OF OFFICE. 

14 (a) IN GENERAL.—Section 211 of the Department of 

15 Energy Organization Act (42 U.S.C. 7141) is amended— 

16 (1) in the section heading, by striking ‘‘MINOR17 ITY ECONOMIC IMPACT’’ and inserting ‘‘ECONOMIC

18 IMPACT, DIVERSITY, AND EMPLOYMENT’’; and 

19 (2) in subsection (a), by striking ‘‘Office of Mi20 nority Economic Impact’’ and inserting ‘‘Office of 

21 Economic Impact, Diversity, and Employment’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for the Department of Energy Organization Act is 

24 amended by amending the item relating to section 211 to 

25 read as follows: 

‘‘Sec. 211. Office of Economic Impact, Diversity, and Employment.’’. 


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1 SEC. 822. ENERGY WORKFORCE DEVELOPMENT PRO2 GRAMS. 

3 Section 211 of the Department of Energy Organiza4 tion Act (42 U.S.C. 7141) is amended— 

5 (1) by redesignating subsections (f) and (g) as 

6 subsections (g) and (h), respectively; and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) The Secretary, acting through the Director, shall 

10 establish and carry out the programs described in sections 

11 824 and 825 of the CLEAN Future Act.’’. 

12 SEC. 823. AUTHORIZATION. 

13 Subsection (h) of section 211 of the Department of 

14 Energy Organization Act (42 U.S.C. 7141), as redesig15 nated by section 822 of this subtitle, is amended by strik16 ing ‘‘not to exceed $3,000,000 for fiscal year 1979, not 

17 to exceed $5,000,000 for fiscal year 1980, and not to ex18 ceed $6,000,000 for fiscal year 1981. Of the amounts so 

19 appropriated each fiscal year, not less than 50 percent 

20 shall be available for purposes of financial assistance 

21 under subsection (e).’’ and inserting ‘‘$100,000,000 for 

22 each of fiscal years 2022 through 2031.’’. 

23 PART 2—ENERGY WORKFORCE DEVELOPMENT 

24 SEC. 824. ENERGY WORKFORCE DEVELOPMENT. 

25 (a) IN GENERAL.—Subject to the availability of ap26 propriations for such purpose, the Secretary, acting 


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1 through the Director of the Office of Economic Impact, 

2 Diversity, and Employment, shall establish and carry out 

3 a comprehensive, nationwide program to improve edu4 cation and training for jobs in energy-related industries 

5 in order to increase the number of skilled workers trained 

6 for such jobs. 

7 (b) DIRECT ASSISTANCE.— 

8 (1) IN GENERAL.—In carrying out the program 

9 established under subsection (a), the Secretary may 

10 provide— 

11 (A) financial assistance awards, technical 

12 assistance, and other assistance the Secretary 

13 determines appropriate, to educational institu14 tions and covered organizations and programs, 

15 including those serving unemployed energy 

16 workers; and 

17 (B) internships, fellowships, traineeships, 

18 and apprenticeships at the Department of En19 ergy, including at the Department of Energy 

20 national laboratories. 

21 (2) DISTRIBUTION.—Subject to subsection (c), 

22 the Secretary shall distribute assistance described in 

23 paragraph (1) in a manner proportional to the needs 

24 of energy-related industries and demand for jobs in 


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1 energy-related industries, consistent with informa2 tion developed under subsection (e). 

3 (c) PRIORITY.—In carrying out the program estab4 lished under subsection (a), the Secretary shall— 

5 (1) prioritize the education and training of indi6 viduals from underrepresented communities for jobs 

7 in energy-related industries, including in providing 

8 internships, fellowships, traineeships, apprentice9 ships, and employment at the Department of En10 ergy, including at the Department of Energy na11 tional laboratories; and 

12 (2) in providing research grants and technical 

13 assistance to educational institutions, give priority to 

14 minority-serving institutions. 

15 (d) COLLABORATION AND OUTREACH.—In carrying 

16 out the program established under subsection (a), the Sec17 retary shall— 

18 (1) collaborate with— 

19 (A) to the maximum extent possible, State 

20 workforce development boards, to maximize pro21 gram efficiency; 

22 (B) educational institutions and covered 

23 organizations and programs; 

24 (C) energy-related industries and covered 

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1 portunities for, and enrollment of, students and 

2 other candidates, including students of minor3 ity-serving institutions and unemployed energy 

4 workers, to participate in industry internships, 

5 fellowships, traineeships, and apprenticeships; 

6 and 

7 (D) Federal-State Regional Commissions, 

8 including the Appalachia Regional Commission, 

9 the Delta Regional Authority, the Denali Com10 mission, the Northern Border Regional Com11 mission, the Northern Great Plains Regional 

12 Commission, and the Southeast Crescent Re13 gional Commission; and 

14 (2) conduct outreach activities to— 

15 (A) encourage individuals from underrep16 resented communities and unemployed energy 

17 workers to enter into the STEM fields; and 

18 (B) encourage and foster collaboration, 

19 mentorships, and partnerships among energy20 related industries, and covered organizations 

21 and programs, that provide effective training 

22 programs for jobs in energy-related industries 

23 and educational institutions that seek to estab24 lish these types of programs in order to share 


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1 best practices and approaches that best suit 

2 local, State, and national needs. 

3 (e) CLEARINGHOUSE.— 

4 (1) ESTABLISHMENT.—In carrying out the pro5 gram established under subsection (a), the Sec6 retary, in collaboration with the Commissioner of the 

7 Bureau of Labor Statistics, the Secretary of Com8 merce, the Director of the Bureau of the Census, 

9 and energy-related industries, shall establish a clear10 inghouse to— 

11 (A) develop, maintain, and update informa12 tion and other resources, by State and by re13 gion, on— 

14 (i) training programs for jobs in en15 ergy-related industries; and 

16 (ii) the current and future workforce 

17 needs of energy-related industries, and job 

18 opportunities in such energy-related indus19 tries, including identification of jobs in en20 ergy-related industries for which there is 

21 the greatest demand; and 

22 (B) act as a resource for educational insti23 tutions and covered organizations and programs 

24 that would like to develop and implement train25 ing programs for such jobs. 


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1 (2) REPORT.—The Secretary shall annually 

2 publish a report on the information and other re3 sources developed, maintained, and updated on the 

4 clearinghouse established under paragraph (1). 

5 (f) GUIDELINES TO DEVELOP SKILLS FOR AN EN6 ERGY INDUSTRY WORKFORCE.— 

7 (1) IN GENERAL.—In carrying out the program 

8 established under subsection (a), the Secretary, in 

9 collaboration with the Secretary of Education, the 

10 Secretary of Commerce, the Secretary of Labor, and 

11 the National Science Foundation, shall develop vol12 untary guidelines or best practices for educational 

13 institutions to help provide students with the skills 

14 necessary for jobs in energy-related industries, in15 cluding jobs in— 

16 (A) the energy efficiency industry, includ17 ing jobs in energy efficiency (including architec18 ture, design, and construction of new energy ef19 ficient buildings), conservation, weatherization, 

20 retrofitting, inspecting, auditing, and software 

21 development; 

22 (B) the renewable energy industry, includ23 ing jobs in the development, engineering, manu24 facturing, and production of energy from reVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 newable energy sources (such as solar, hydro2 power, wind, and geothermal energy); 

3 (C) the community energy resiliency indus4 try, including jobs in the installation of rooftop 

5 solar, in battery storage, and in microgrid tech6 nologies; 

7 (D) the fuel cell and hydrogen energy in8 dustry; 

9 (E) the advanced automotive technology 

10 industry, including jobs relating to electric vehi11 cle batteries, connectivity and automation, and 

12 advanced combustion engines; 

13 (F) the manufacturing industry, including 

14 jobs as operations technicians, in operations 

15 and design in additive manufacturing, 3-D 

16 printing, and advanced composites and ad17 vanced aluminum and other metal alloys, and in 

18 industrial energy efficiency management sys19 tems, including power electronics, and other in20 novative technologies; 

21 (G) the chemical manufacturing industry, 

22 including jobs in construction (such as welders, 

23 pipefitters, and tool and die makers), as instru24 ment and electrical technicians, machinists, 

25 chemical process operators, engineers, quality 


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1 and safety professionals, and reliability engi2 neers; 

3 (H) the utility industry, including jobs in 

4 smart grid technology, cybersecurity manage5 ment, and the generation, transmission, and 

6 distribution of electricity and natural gas, such 

7 as electricians and utility dispatchers, techni8 cians, operators, lineworkers, engineers, sci9 entists, and information technology specialists; 

10 (I) the alternative fuels industry, including 

11 jobs in biofuel and bioproducts development and 

12 production; 

13 (J) the pipeline industry, including jobs in 

14 pipeline construction and maintenance and jobs 

15 as engineers and technical advisors; 

16 (K) the nuclear energy industry, including 

17 jobs as scientists, engineers, technicians, mathe18 maticians, and security personnel; 

19 (L) the oil and gas industry, including jobs 

20 as scientists, engineers, technicians, mathemati21 cians, petrochemical engineers, and geologists; 

22 and 

23 (M) the coal industry, including jobs as 

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1 nology vendors, coal transportation workers and 

2 operators, and mining equipment vendors. 

3 (2) INPUT.—The Secretary shall solicit input 

4 from energy-related industries in developing guide5 lines or best practices under paragraph (1). 

6 (3) ENERGY EFFICIENCY AND CONSERVATION

7 INITIATIVES.—The guidelines or best practices devel8 oped under paragraph (1) shall include grade-spe9 cific guidelines for elementary schools and secondary 

10 schools for teaching energy efficiency technology, ar11 chitecture, design, and construction of new energy12 efficient buildings and building energy retrofits, 

13 manufacturing efficiency technology, community en14 ergy resiliency, and conservation initiatives. 

15 (4) STEM EDUCATION.—The guidelines or best 

16 practices developed under paragraph (1) shall pro17 mote STEM education in educational institutions as 

18 it relates to job opportunities in energy-related in19 dustries listed under such paragraph. 

20 (5) PROHIBITION.—Nothing in this subsection 

21 shall be construed to authorize the Secretary or any 

22 other officer or employee of the Federal Government 

23 to require or coerce a State, local educational agen24 cy, or educational institution to adopt or carry out 


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1 the guidelines or best practices developed under 

2 paragraph (1). 

3 (g) CONSOLIDATION.—To the extent practicable, the 

4 Secretary shall, to avoid duplication of efforts, carry out 

5 the Equity in Energy Initiative of the Department of En6 ergy, the Minority Educational Institution Student Part7 nership Program of the Department of Energy, and any 

8 other program of the Department of Energy that the Sec9 retary determines appropriate, through the program es10 tablished under subsection (a). 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $20,000,000 for each of fiscal years 2022 through 2031. 

14 SEC. 825. ENERGY WORKFORCE GRANT PROGRAM. 

15 (a) PROGRAM.— 

16 (1) ESTABLISHMENT.—Subject to the avail17 ability of appropriations for such purpose, the Sec18 retary, acting through the Director of the Office of 

19 Economic Impact, Diversity, and Employment, shall 

20 establish and carry out a program to provide grants 

21 to eligible entities to pay the eligible wages of, or eli22 gible stipends for, individuals during the time period 

23 that such individuals are receiving training to work 

24 for an eligible business. 


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1 (2) GUIDELINES.—Not later than 60 days after 

2 the date of enactment of this Act, the Secretary, in 

3 consultation with eligible businesses, shall establish 

4 guidelines that identify— 

5 (A) criteria for wages and stipends to meet 

6 to be eligible for purposes of the program estab7 lished pursuant to paragraph (1); and 

8 (B) training that is eligible for purposes of 

9 the program established pursuant to paragraph 

10 (1). 

11 (b) ELIGIBILITY.—For purposes of this section: 

12 (1) ELIGIBLE BUSINESS.—The term ‘‘eligible 

13 business’’ means a business that provides services 

14 related to— 

15 (A) renewable electric energy generation, 

16 including solar, wind, geothermal, hydropower, 

17 and other renewable electric energy generation 

18 technologies; 

19 (B) energy efficiency, including energy-effi20 cient lighting, heating, ventilation, and air con21 ditioning, air source heat pumps, advanced 

22 building materials, insulation and air sealing, 

23 and other high-efficiency products and services, 

24 including auditing and inspection, architecture, 


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1 design, and construction of new energy efficient 

2 buildings and building energy retrofits; 

3 (C) grid modernization or energy storage, 

4 including smart grid, microgrid and other dis5 tributed energy solutions, demand response 

6 management, and home energy management 

7 technology; 

8 (D) advanced fossil energy technology, in9 cluding— 

10 (i) advanced resource development; 

11 (ii) carbon capture, storage, and use; 

12 (iii) low-carbon power systems; 

13 (iv) efficiency improvements that sub14 stantially reduce emissions; and 

15 (v) direct air capture; 

16 (E) nuclear energy, including research, de17 velopment, demonstration, and commercial ap18 plication relating to nuclear energy; 

19 (F) cybersecurity for the energy sector, in20 cluding infrastructure, emergency planning, co21 ordination, response, and restoration; 

22 (G) alternative fuels, including biofuel and 

23 bioproduct development and production; 

24 (H) advanced automotive technology, in25 cluding electric vehicle batteries, connectivity 


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1 and automation, and advanced combustion en2 gines; or 

3 (I) fuel cell and hybrid fuel cell generation. 

4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means— 

6 (A) an eligible business; or 

7 (B) a labor organization, nonprofit organi8 zation, or qualified youth or conservation corps, 

9 that provides training to individuals to work for 

10 an eligible business, or works on behalf of any 

11 such eligible business. 

12 (3) ELIGIBLE STIPEND.—The term ‘‘eligible sti13 pend’’ means a stipend that meets the criteria iden14 tified pursuant to the guidelines established under 

15 subsection (a)(2). 

16 (4) ELIGIBLE WAGES.—The term ‘‘eligible 

17 wages’’ means wages that meet the criteria identified 

18 pursuant to the guidelines established under sub19 section (a)(2). 

20 (c) USE OF GRANTS.— 

21 (1) ELIGIBLE WAGES.—An eligible business 

22 with— 

23 (A) 20 or fewer employees may use a grant 

24 provided under the program established under 

25 subsection (a) to pay up to— 


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1 (i) 45 percent of an employee’s eligi2 ble wages for the duration of the applicable 

3 training for such employee, if the training 

4 is provided by the eligible business; and 

5 (ii) 90 percent of an employee’s eligi6 ble wages for the duration of the applicable 

7 training for such employee, if the training 

8 is provided by an entity other than the eli9 gible business; 

10 (B) 21 to 99 employees may use a grant 

11 provided under the program established under 

12 subsection (a) to pay up to— 

13 (i) 37.5 percent of an employee’s eligi14 ble wages for the duration of the applicable 

15 training for such employee, if the training 

16 is provided by the eligible business; and 

17 (ii) 75 percent of an employee’s eligi18 ble wages for the duration of the applicable 

19 training for such employee, if the training 

20 is provided by an entity other than the eli21 gible business; and 

22 (C) 100 employees or more may use a 

23 grant provided under the program established 

24 under subsection (a) to pay up to— 


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1 (i) 25 percent of an employee’s eligi2 ble wages for the duration of the applicable 

3 training for such employee, if the training 

4 is provided by the eligible business; and 

5 (ii) 50 percent of an employee’s eligi6 ble wages for the duration of the applicable 

7 training for such employee, if the training 

8 is provided by an entity other than the eli9 gible business. 

10 (2) STIPEND.—An eligible entity may use a 

11 grant provided under the program established under 

12 subsection (a) to pay up to 100 percent of an eligi13 ble stipend for an individual for the duration of the 

14 applicable training for such individual. 

15 (d) PRIORITY FOR TARGETED COMMUNITIES.—In 

16 providing grants under the program established under 

17 subsection (a), the Secretary shall give priority to an eligi18 ble entity that— 

19 (1) recruits or trains individuals who are— 

20 (A) from the community that the eligible 

21 entity serves; and 

22 (B)(i) from underrepresented communities; 

23 or 

24 (ii) unemployed energy workers; and 


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1 (2) will provide individuals receiving training 

2 with the opportunity to obtain or retain employment 

3 at an eligible business. 

4 (e) LIMIT.—An eligible entity may not receive more 

5 than $100,000 under the program established under sub6 section (a) per fiscal year. 

7 (f) REPORT.—The Secretary shall submit to Con8 gress, annually for each year the program established 

9 under subsection (a) is carried out, a report on such pro10 gram, including— 

11 (1) an assessment of such program for the pre12 vious year, including the number of jobs filled by in13 dividuals trained pursuant to such program; and 

14 (2) recommendations on how to improve such 

15 program. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $70,000,000 for each of fiscal years 2022 through 2031. 

19 SEC. 826. DEFINITIONS. 

20 In this subtitle: 

21 (1) APPRENTICESHIP.—The term ‘‘apprentice22 ship’’ means an apprenticeship registered under the 

23 Act of August 16, 1937 (commonly known as the 

24 ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap25 ter 663; 29 U.S.C. 50 et seq.). 


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1 (2) COVERED ORGANIZATIONS AND PRO2 GRAMS.—The term ‘‘covered organizations and pro3 grams’’ means local workforce development boards, 

4 State workforce development boards, nonprofit orga5 nizations, qualified youth or conservation corps, 

6 labor organizations, pre-apprenticeship programs, 

7 and apprenticeship programs. 

8 (3) EDUCATIONAL INSTITUTION.—The term 

9 ‘‘educational institution’’ means an elementary 

10 school, secondary school, or institution of higher 

11 education. 

12 (4) ELEMENTARY SCHOOL AND SECONDARY

13 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec14 ondary school’’ have the meanings given such terms 

15 in section 8101 of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 7801). 

17 (5) ENERGY-RELATED INDUSTRY.—The term 

18 ‘‘energy-related industry’’ includes the energy effi19 ciency industry, renewable energy industry, commu20 nity energy resiliency industry, fuel cell and hydro21 gen energy industry, advanced automotive tech22 nology industry, chemical manufacturing industry, 

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1 ergy industry, oil and gas industry, and coal indus2 try. 

3 (6) INSTITUTION OF HIGHER EDUCATION.—The 

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

5 meaning given such term in section 102 of the High6 er Education Act of 1965 (20 U.S.C. 1002), except 

7 that such term does not include institutions de8 scribed in subparagraph (A) or (C) of subsection 

9 (a)(1) of such section 102. 

10 (7) JOBS IN ENERGY-RELATED INDUSTRIES.— 

11 The term ‘‘jobs in energy-related industries’’ in12 cludes manufacturing, engineering, construction, and 

13 retrofitting jobs in energy-related industries. 

14 (8) LABOR ORGANIZATION.—The term ‘‘labor 

15 organization’’ has the meaning given such term in 

16 section 2 of the National Labor Relations Act (29 

17 U.S.C. 152). 

18 (9) LOCAL WORKFORCE DEVELOPMENT

19 BOARD.—The term ‘‘local workforce development 

20 board’’ means a local board, as defined in section 3 

21 of the Workforce Innovation and Opportunity Act 

22 (29 U.S.C. 3102). 

23 (10) MINORITY-SERVING INSTITUTION.—The 

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1 tution of higher education that is of one of the fol2 lowing: 

3 (A) A Hispanic-serving institution (as de4 fined in section 502(a) of the Higher Education 

5 Act of 1965 (20 U.S.C. 1101a(a))). 

6 (B) A Tribal College or University (as de7 fined in section 316(b) of the Higher Education 

8 Act of 1965 (20 U.S.C. 1059c(b))). 

9 (C) An Alaska Native-serving institution 

10 (as defined in section 317(b) of the Higher 

11 Education Act of 1965 (20 U.S.C. 1059d(b))). 

12 (D) A Native Hawaiian-serving institution 

13 (as defined in section 317(b) of the Higher 

14 Education Act of 1965 (20 U.S.C. 1059d(b))). 

15 (E) A Predominantly Black Institution (as 

16 defined in section 318(b) of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1059e(b))). 

18 (F) A Native American-serving nontribal 

19 institution (as defined in section 319(b) of the 

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

21 1059f(b))). 

22 (G) An Asian American and Native Amer23 ican Pacific Islander-serving institution (as de24 fined in section 320(b) of the Higher Education 

25 Act of 1965 (20 U.S.C. 1059g(b))). 


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1 (H) A part B institution (as defined in 

2 section 322 of the Higher Education Act of 

3 1965 (20 U.S.C. 1061)). 

4 (11) PRE-APPRENTICESHIP PROGRAM.—The 

5 term ‘‘pre-apprenticeship program’’— 

6 (A) means a program or set of strategies 

7 that is designed to prepare individuals to enter 

8 and succeed in an apprenticeship program; and 

9 (B) includes training and training cur10 riculum aligned with apprenticeship and indus11 try standards to teach participants necessary 

12 industry-related skills and competencies. 

13 (12) QUALIFIED YOUTH OR CONSERVATION

14 CORPS.—The term ‘‘qualified youth or conservation 

15 corps’’ has the meaning given such term in section 

16 203(11) of the Public Lands Corps Act of 1993 (16 

17 U.S.C. 1722(11)). 

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

19 means the Secretary of Energy. 

20 (14) STATE WORKFORCE DEVELOPMENT

21 BOARD.—The term ‘‘State workforce development 

22 board’’ means a State board, as defined in section 

23 3 of the Workforce Innovation and Opportunity Act 

24 (29 U.S.C. 3102). 


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1 (15) STEM.—The term ‘‘STEM’’ means 

2 science, technology, engineering, and mathematics. 

3 (16) UNDERREPRESENTED COMMUNITIES.— 

4 The term ‘‘underrepresented communities’’ includes 

5 religious and ethnic minorities, women, veterans, in6 dividuals with disabilities, individuals who are 

7 socioeconomically disadvantaged, individuals who are 

8 or were foster children, and formerly incarcerated 

9 individuals. 

10 Subtitle D—National Security 

11 SEC. 831. CLIMATE CHANGE NATIONAL SECURITY STRAT12 EGY. 

13 It is the policy of the Federal Government to ensure 

14 that the current impacts of climate change, and those an15 ticipated in the coming decades, be identified and consid16 ered in the development and implementation of relevant 

17 national security doctrine, policies, and plans. 

18 SEC. 832. COORDINATION ON CLIMATE CHANGE AND NA19 TIONAL SECURITY. 

20 (a) ESTABLISHMENT.—The National Security Advi21 sor and the Director of the Office of Science and Tech22 nology Policy, acting jointly, shall establish an interagency 

23 working group, to be known as the Climate and National 

24 Security Working Group, to coordinate the development 

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1 mation on current and projected climate-related impacts 

2 on national security interests and to inform the develop3 ment of national security doctrine, policies, and plans. 

4 (b) FUNCTIONS.—The Working Group, in close col5 laboration with the United States Global Change Research 

6 Program, shall— 

7 (1) identify the U.S. national security priorities 

8 that are within the scope of the mission of the 

9 Working Group; 

10 (2) develop recommendations for requirements 

11 for climate and social science data and intelligence 

12 analyses, as appropriate, that support national secu13 rity interests; 

14 (3) catalog climate science data, intelligence 

15 analyses, and other products and programs that sup16 port or should be considered in the development of 

17 national security doctrine, policy, and plans, includ18 ing— 

19 (A) climate and social science data reposi20 tories and analytical platforms; 

21 (B) climate modeling, simulation, and pro22 jection capabilities; and 

23 (C) information-sharing tools and re24 sources supporting climate risk analyses and as25 sessments, such as the Climate Data Initiative, 


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1 the Climate Resilience Toolkit, the Global 

2 Change Information System, and the National 

3 Climate Assessment; 

4 (4) identify information and program gaps that 

5 limit consideration of climate change-related impacts 

6 in developing national security doctrine, policies, and 

7 plans and provide descriptions of these gaps to Fed8 eral science agencies and the United States intel9 ligence community to inform future research require10 ments and priorities, including collection priorities 

11 on climate data, models, simulations, and projec12 tions; 

13 (5) facilitate the production and exchange of 

14 climate data and information with relevant stake15 holders, including the United States intelligence 

16 community, and private sector partners, as appro17 priate; 

18 (6) produce, as appropriate, and make available 

19 science-informed intelligence assessments to agencies 

20 having responsibilities in the development of national 

21 security doctrine, policies, and plans in order to 

22 identify climate change-related impacts and 

23 prioritize actions related thereto; 

24 (7) establish, by consensus, guidance for Work25 ing Group members on coordinating, sharing, and 


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1 exchanging climate science data among the mem2 bers, and with the National Science and Technology 

3 Council; 

4 (8) provide a venue for enhancing the under5 standing of the links between climate change-related 

6 impacts and national security interests and dis7 cussing the opportunities for climate mitigation and 

8 adaptation activities to address national security 

9 issues; 

10 (9) work to improve the Federal Government’s 

11 capability and capacity to characterize greenhouse 

12 gas sources and sinks accurately at subcontinental 

13 scales; 

14 (10) recommend research guidelines, in coordi15 nation with the National Science and Technology 

16 Council, concerning the Federal Government’s abil17 ity to detect climate intervention activities; 

18 (11) develop, by consensus, guidance for Work19 ing Group members on building climate resilience in 

20 countries vulnerable to climate change-related im21 pacts; 

22 (12) take into account defined requirements 

23 and current capabilities described in paragraphs (2) 

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1 ation of climate change-related impacts into national 

2 security doctrine, policies, and plans; 

3 (13) have classified and unclassified capabili4 ties, as required and appropriate, to consolidate and 

5 make available climate change-related impact infor6 mation, intelligence analyses, and assessments for 

7 access and use by Working Group member agencies; 

8 (14) identify the most current information on 

9 regional, country, and geographic areas most vulner10 able to current and projected impacts of climate var11 iability in the near term, midterm, and long term (as 

12 defined in section 834), in order to support assess13 ments of national security implications of climate 

14 change, and identify areas most vulnerable to these 

15 impacts during these timeframes; 

16 (15) develop recommendations for the Secretary 

17 of State to help ensure that the work of United 

18 States embassies, including their planning processes, 

19 is informed by relevant climate change-related anal20 yses; and 

21 (16) coordinate on the development of quan22 titative models, predictive mapping products, and 

23 forecasts to anticipate the various pathways through 

24 which climate change may affect public health as an 

25 issue of national security. 


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1 (c) MEMBERSHIP.— 

2 (1) IN GENERAL.—The members of the Work3 ing Group shall include the following officials and 

4 representatives (or their designees): 

5 (A) The National Security Advisor. 

6 (B) The Director of the Office of Science 

7 and Technology Policy. 

8 (C) The representatives, appointed by the 

9 National Security Advisor and the Director of 

10 the Office of Science and Technology Policy 

11 (acting jointly), at the Assistant Secretary or 

12 equivalent level, of— 

13 (i) the Department of State; 

14 (ii) the Department of the Treasury; 

15 (iii) the Department of Defense; 

16 (iv) the Department of Justice; 

17 (v) the Department of the Interior; 

18 (vi) the Department of Agriculture; 

19 (vii) the Department of Commerce; 

20 (viii) the Department of Health and 

21 Human Services; 

22 (ix) the Department of Transpor23 tation; 

24 (x) the Department of Energy; 


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1 (xi) the Department of Homeland Se2 curity; 

3 (xii) the United States Agency for 

4 International Development; 

5 (xiii) the Environmental Protection 

6 Agency; 

7 (xiv) the National Aeronautics and 

8 Space Administration; 

9 (xv) the Office of the Director of Na10 tional Intelligence; 

11 (xvi) the U.S. Mission to the United 

12 Nations; 

13 (xvii) the Office of Management and 

14 Budget; 

15 (xviii) the Council on Environmental 

16 Quality; 

17 (xix) the Millennium Challenge Cor18 poration; and 

19 (xx) any other agency or office as des20 ignated by the co-chairs. 

21 (2) CO-CHAIRS.—The National Security Advisor 

22 and the Director of the Office of Science and Tech23 nology Policy, or their designees, shall co-chair the 

24 Working Group. 


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1 (d) ACTION PLAN.—Not later than 90 days after the 

2 date of enactment of this Act, the Working Group shall, 

3 by consensus, develop an action plan, that— 

4 (1) identifies specific steps that are required to 

5 perform its functions; 

6 (2) includes specific objectives, milestones, 

7 timelines, and identification of agencies responsible 

8 for completion of all actions described therein; 

9 (3) includes recommendations to inform the de10 velopment of agency implementation plans, as de11 scribed in section 833; and 

12 (4) shall be submitted to the co-chairs and the 

13 appropriate congressional committees, including— 

14 (A) the House Committee on Oversight 

15 and Reform; 

16 (B) the Senate Committee on Homeland 

17 Security and Governmental Affairs; 

18 (C) the Senate Committee on Armed Serv19 ices; 

20 (D) the House Committee on Armed Serv21 ices; 

22 (E) the House Committee on Natural Re23 sources; 

24 (F) the Senate Committee on Environment 

25 and Public Works; and 


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1 (G) the House Committee on Energy and 

2 Commerce. 

3 SEC. 833. FEDERAL AGENCY IMPLEMENTATION PLAN. 

4 (a) IN GENERAL.—Not later than 150 days after the 

5 date of enactment of this Act, the departments and agen6 cies listed in section 832(c) shall each develop an appro7 priate implementation plan supporting the policy described 

8 in section 831. Such implementation plans may be classi9 fied, as required, to meet specific agency requirements. 

10 (b) CONTENTS OF IMPLEMENTATION PLANS.—Im11 plementation plans shall consider for inclusion a descrip12 tion of how the respective departments and agencies will 

13 accomplish the following: 

14 (1) Identifying, sustaining, and strengthening 

15 climate-related data repositories, tools, and modeling 

16 products that inform climate change-related impacts 

17 on national security. 

18 (2) Identifying climate change-related risks to 

19 departments and agency missions, and risks that 

20 may be caused by departments and agency policies, 

21 programs, and actions concerning international de22 velopment objectives, fragility, and regional stability. 

23 (3) Pursuing departments and agency adapta24 tion strategies and methods that address climate 


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1 change-related impacts on national security and 

2 homeland defense. 

3 (4) Identifying and implementing climate 

4 change-related information-sharing opportunities 

5 and arrangements through international develop6 ment activities, military-to-military engagements, 

7 and government-to-government climate-related data 

8 exchanges. 

9 (5) Identifying economic considerations arising 

10 from the impacts of climate change globally and the 

11 resulting specific impacts on national security, in12 cluding macroeconomic analyses and data-sharing 

13 mechanisms. 

14 (6) Identifying the potential impact of climate 

15 change on human mobility, including migration and 

16 displacement, and the resulting impacts on national 

17 security. 

18 (7) Identifying climate change-related impacts 

19 on global water, food security, and nutrition and the 

20 resulting impacts on national security, and recom21 mending actions to mitigate these impacts. 

22 (8) Identifying climate change-related global 

23 health security concerns affecting humans, animals, 

24 and plants, and developing options to address them. 


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1 (9) Developing a department or agency-specific 

2 approach to address climate-related hazards and 

3 threats to national security. 

4 (10) Determining and acting on climate change5 related threats to infrastructure at the asset, sys6 tem, and regional level and acting to strengthen the 

7 safety, security, and resilience of infrastructure crit8 ical to national security. 

9 (11) Incorporating climate change-related im10 pact information and considerations into department 

11 and agency technical and executive education and 

12 training programs. 

13 (c) REPORTS.—Federal agencies shall update their 

14 implementation plans required by this section not less 

15 than annually. 

16 SEC. 834. DEFINITIONS. 

17 In this subtitle: 

18 (1) ADAPTATION.—The term ‘‘adaptation’’ re19 fers to the adjustment in natural or human systems 

20 in anticipation of or in response to a changing envi21 ronment in a way that effectively uses beneficial op22 portunities or reduces negative effects. 

23 (2) CLIMATE.—The term ‘‘climate’’ refers to 

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1 quency and duration of extreme storms, heat waves, 

2 precipitation, droughts, cloudiness, winds, ocean 

3 temperatures, and other events that a region is like4 ly to encounter. 

5 (3) CLIMATE CHANGE.—The term ‘‘climate 

6 change’’ refers to detectable changes in one or more 

7 climate system components over multiple decades, 

8 including— 

9 (A) changes in the average temperature of 

10 the atmosphere or ocean; 

11 (B) changes in regional precipitation, 

12 winds, and cloudiness; and 

13 (C) changes in the severity or duration of 

14 extreme weather, including droughts, floods, 

15 and storms. 

16 (4) CLIMATE MODELING.—The term ‘‘climate 

17 modeling’’ refers to the mathematical representation 

18 of the set of interdependent components of the cli19 mate system, including the atmosphere and ocean, 

20 cryosphere, ecology, land use, natural greenhouse 

21 gas emissions, and anthropogenic greenhouse emis22 sions. 

23 (5) FRAGILITY.—The term ‘‘fragility’’ refers to 

24 a condition that results from a dysfunctional rela25 tionship between state and society and the extent to 


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1 which that relationship fails to produce policy out2 comes that are considered effective or legitimate. 

3 (6) GLOBAL HEALTH SECURITY.—The term 

4 ‘‘global health security’’— 

5 (A) refers to activities required, both 

6 proactive and reactive, to minimize vulnerability 

7 to acute public health events that endanger the 

8 collective health of populations living across 

9 geographical regions and international bound10 aries; and 

11 (B) includes the efforts of the Global 

12 Health Security Agenda to establish capacity to 

13 prevent, detect, and respond to disease threats, 

14 whether naturally occurring, deliberate, or acci15 dental. 

16 (7) INTELLIGENCE COMMUNITY.—The term 

17 ‘‘intelligence community’’ has the meaning given to 

18 that term in section 3(4) of the National Security 

19 Act of 1947 (50 U.S.C. 3003(4)). 

20 (8) NATIONAL SECURITY.—The term ‘‘National 

21 security’’ refers to the protection of the Nation and 

22 its people and interests. 

23 (9) NEAR TERM, MIDTERM, AND LONG TERM.— 

24 The terms ‘‘near term’’, ‘‘midterm’’, and ‘‘long 


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1 term’’ mean current to 10 years, 10 to 30 years, and 

2 more than 30 years, respectively. 

3 (10) RESILIENCE.—The term ‘‘resilience’’ re4 fers to the ability— 

5 (A) to anticipate, prepare for, and adapt to 

6 changing conditions; and 

7 (B) to withstand, respond to, and recover 

8 rapidly from disruptions. 

9 (11) WORKING GROUP.—The term ‘‘Working 

10 Group’’ means the Climate and National Security 

11 Working Group established pursuant to section 

12 832(a). 

13 Subtitle E—Ensuring Just and 

14 Equitable Climate Action 

15 SEC. 841. WORKER PROTECTIONS. 

16 (a) USE OF AMERICAN IRON, STEEL, AND MANUFAC17 TURED GOODS.—(1) None of the funds appropriated or 

18 otherwise made available by this Act may be used for a 

19 project for the construction, alteration, maintenance, or 

20 repair of a public building or public work unless all of the 

21 iron, steel, and manufactured goods used in the project 

22 are produced in the United States. 

23 (2) Paragraph (1) shall not apply in any case or cat24 egory of cases in which the head of the Federal depart25 ment or agency involved finds that— 


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1 (A) applying paragraph (1) would be incon2 sistent with the public interest; 

3 (B) iron, steel, and the relevant manufactured 

4 goods are not produced in the United States in suffi5 cient and reasonably available quantities and of a 

6 satisfactory quality; or 

7 (C) inclusion of iron, steel, and manufactured 

8 goods produced in the United States will increase 

9 the cost of the overall project by more than 25 per10 cent. 

11 (3) If the head of a Federal department or agency 

12 determines that it is necessary to waive the application 

13 of paragraph (1) based on a finding under paragraph (2), 

14 the head of the department or agency shall publish in the 

15 Federal Register a detailed written justification as to why 

16 the provision is being waived. 

17 (4) This section shall be applied in a manner con18 sistent with United States obligations under international 

19 agreements. 

20 (b) DAVIS-BACON.—Notwithstanding any other pro21 vision of law and in a manner consistent with other provi22 sions in this Act, all laborers and mechanics employed by 

23 contractors and subcontractors on projects funded directly 

24 by or assisted in whole or in part by and through the Fed25 eral Government pursuant to this Act shall be paid wages 


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1 at rates not less than those prevailing on projects of a 

2 character similar in the locality as determined by the Sec3 retary of Labor in accordance with subchapter IV of chap4 ter 31 of title 40, United States Code. With respect to 

5 the labor standards specified in this section, the Secretary 

6 of Labor shall have the authority and functions set forth 

7 in Reorganization Plan Numbered 14 of 1950 (64 Stat. 

8 1267; 5 U.S.C. App.) and section 3145 of title 40, United 

9 States Code. 

10 (c) PROJECT LABOR AGREEMENTS.—(1) In award11 ing any contract in implementing this Act, a Federal de12 partment or agency may, on a project-by-project basis, re13 quire the use of a project labor agreement by a contractor 

14 where use of such an agreement will— 

15 (A) advance the Federal Government’s interest 

16 in achieving economy and efficiency in Federal pro17 curement, producing labor-management stability, 

18 and ensuring compliance with laws and regulations 

19 governing safety and health, equal employment op20 portunity, labor and employment standards, and 

21 other matters; and 

22 (B) be consistent with law. 

23 (2) If a Federal department or agency determines 

24 under paragraph (1) that the use of a project labor agree25 ment will satisfy the criteria in subparagraphs (A) and 


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1 (B) of that paragraph, the department or agency may, if 

2 appropriate, require that every contractor or subcon3 tractor on the project agree, for that project, to negotiate 

4 or become a party to a project labor agreement with one 

5 or more appropriate labor organizations. 

6 (3) In this section, the term ‘‘project labor agree7 ment’’ means a prehire collective bargaining agreement 

8 with one or more labor organizations that establishes the 

9 terms and conditions of employment for a specific con10 struction project and is an agreement described in section 

11 8(f) of the National Labor Relations Act (29 U.S.C. 

12 158(f)). 

13 SEC. 842. FUNDING FOR ENVIRONMENTAL JUSTICE COM14 MUNITIES. 

15 The President shall ensure that not less than 40 per16 cent of funds made available pursuant to this Act are used 

17 to support activities that directly benefit environmental 

18 justice communities. 

19 Subtitle F—Climate Risk 

20 Disclosures 

21 SEC. 851. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

23 (1) climate change poses a significant and in24 creasing threat to the growth and stability of the 

25 economy of the United States; 


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1 (2) many sectors of the economy of the United 

2 States and many American businesses are exposed 

3 to climate-related risk, which may include exposure 

4 to— 

5 (A) the physical impacts of climate change, 

6 including the rise of the average global tem7 perature, accelerating sea-level rise, 

8 desertification, ocean acidification, intensifica9 tion of storms, increase in heavy precipitation, 

10 more frequent and intense temperature ex11 tremes, more severe droughts, and longer wild12 fire seasons; 

13 (B) the economic disruptions and security 

14 threats that result from the physical impacts 

15 described in subparagraph (A), including con16 flicts over scarce resources, conditions condu17 cive to violent extremism, the spread of infec18 tious diseases, and forced migration; 

19 (C) the transition impacts that result as 

20 the global economy transitions to a clean and 

21 renewable energy, low-emissions economy, in22 cluding financial impacts as climate change fos23 sil fuel assets becoming stranded and it be24 comes uneconomic for companies to develop fos25 sil fuel assets as policymakers act to limit the 


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1 worst impacts of climate change by keeping the 

2 rise in average global temperature to 1.5 de3 grees Celsius above pre-industrial levels; and 

4 (D) actions by Federal, State, Tribal, and 

5 local governments to limit the worst effects of 

6 climate change by enacting policies that keep 

7 the global average surface temperature rise to 

8 1.5 degrees Celsius above pre-industrial levels; 

9 (3) assessing the potential impact of climate-re10 lated risks on national and international financial 

11 systems is an urgent concern; 

12 (4) companies have a duty to disclose financial 

13 risks that climate change presents to their investors, 

14 lenders, and insurers; 

15 (5) the Securities and Exchange Commission 

16 has a duty to promote a risk-informed securities 

17 market that is worthy of the trust of the public as 

18 families invest for their futures; 

19 (6) investors, lenders, and insurers are increas20 ingly demanding climate risk information that is 

21 consistent, comparable, reliable, and clear; 

22 (7) including standardized, material climate 

23 change risk and opportunity disclosure that is useful 

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1 parency with respect to risk accumulation and expo2 sure in financial markets; 

3 (8) requiring companies to disclose climate-re4 lated risk exposure and risk management strategies 

5 will encourage a smoother transition to a clean and 

6 renewable energy, low-emissions economy and guide 

7 capital allocation to mitigate, and adapt to, the ef8 fects of climate change and limit damages associated 

9 with climate-related events and disasters; and 

10 (9) a critical component in fighting climate 

11 change is a transparent accounting of the risks that 

12 climate change presents and the implications of con13 tinued inaction with respect to climate change. 

14 SEC. 852. DISCLOSURES RELATING TO CLIMATE CHANGE. 

15 Section 13 of the Securities Exchange Act of 1934 

16 (15 U.S.C. 78m) is amended by adding at the end the 

17 following: 

18 ‘‘(s) DISCLOSURES RELATING TO CLIMATE

19 CHANGE.— 

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

21 ‘‘(A) 1.5 DEGREE SCENARIO.—The term 

22 ‘1.5 degree scenario’ means a scenario that 

23 aligns with greenhouse gas emissions pathways 

24 that aim for limiting global warming to 1.5 de25 grees Celsius above pre-industrial levels. 


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1 ‘‘(B) APPROPRIATE CLIMATE PRIN2 CIPALS.—The term ‘appropriate climate prin3 cipals’ means— 

4 ‘‘(i) the Administrator of the Environ5 mental Protection Agency; 

6 ‘‘(ii) the Administrator of the Na7 tional Oceanic and Atmospheric Adminis8 tration; 

9 ‘‘(iii) the Director of the Office of 

10 Management and Budget; 

11 ‘‘(iv) the Secretary of the Interior; 

12 ‘‘(v) the Secretary of Energy; and 

13 ‘‘(vi) the head of any other Federal 

14 agency, as determined appropriate by the 

15 Commission. 

16 ‘‘(C) BASELINE SCENARIO.—The term 

17 ‘baseline scenario’ means a widely recognized 

18 analysis scenario in which levels of greenhouse 

19 gas emissions, as of the date on which the anal20 ysis is performed, continue to grow, resulting in 

21 an increase in the global average temperature 

22 of 1.5 degrees Celsius or more above pre-indus23 trial levels. 

24 ‘‘(D) CARBON DIOXIDE EQUIVALENT.— 

25 The term ‘carbon dioxide equivalent’ means the 


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1 number of metric tons of carbon dioxide emis2 sions with the same global warming potential as 

3 one metric ton of another greenhouse gas, as 

4 determined under table A–1 of subpart A of 

5 part 98 of title 40, Code of Federal Regula6 tions, as in effect on the date of enactment of 

7 this subsection. 

8 ‘‘(E) CLIMATE CHANGE.—The term ‘cli9 mate change’ means a change of climate that 

10 is— 

11 ‘‘(i) attributed directly or indirectly to 

12 human activity that alters the composition 

13 of the global atmosphere; and 

14 ‘‘(ii) in addition to natural climate 

15 variability observed over comparable time 

16 periods. 

17 ‘‘(F) COMMERCIAL DEVELOPMENT OF FOS18 SIL FUELS.—The term ‘commercial develop19 ment of fossil fuels’ includes— 

20 ‘‘(i) exploration, extraction, proc21 essing, exporting, transporting, refining, 

22 and any other significant action with re23 spect to oil, natural gas, coal, or any by24 product thereof or any other solid or liquid 


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1 hydrocarbons that are commercially pro2 duced; or 

3 ‘‘(ii) acquiring a license for any activ4 ity described in clause (i). 

5 ‘‘(G) COVERED ISSUER.—The term ‘cov6 ered issuer’ means an issuer that is required to 

7 file an annual report under subsection (a) or 

8 section 15(d). 

9 ‘‘(H) DIRECT AND INDIRECT GREENHOUSE

10 GAS EMISSIONS.—The term ‘direct and indirect 

11 greenhouse gas emissions’ includes, with respect 

12 to a covered issuer— 

13 ‘‘(i) all direct greenhouse gas emis14 sions released by the covered issuer; 

15 ‘‘(ii) all indirect greenhouse gas emis16 sions with respect to electricity, heat, or 

17 steam purchased by the covered issuer; 

18 ‘‘(iii) significant indirect emissions, 

19 other than the emissions described in 

20 clause (ii), emitted in the value chain of 

21 the covered issuer; and 

22 ‘‘(iv) all indirect greenhouse gas emis23 sions that are attributable to assets owned 

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1 tially owned or managed, by the covered 

2 issuer. 

3 ‘‘(I) FOSSIL FUEL RESERVES.—The term 

4 ‘fossil fuel reserves’ has the meaning given the 

5 term ‘reserves’ under the final rule of the Com6 mission titled ‘Modernization of Oil and Gas 

7 Reporting’ (74 Fed. Reg. 2158; published Jan8 uary 14, 2009). 

9 ‘‘(J) GREENHOUSE GAS.—The term 

10 ‘greenhouse gas’— 

11 ‘‘(i) means carbon dioxide, 

12 hydrofluorocarbons, methane, nitrous 

13 oxide, perfluorocarbons, sulfur 

14 hexafluoride, nitrogen triflouride, and 

15 chlorofluorocarbons; 

16 ‘‘(ii) includes any other 

17 anthropogenically emitted gas that the Ad18 ministrator of the Environmental Protec19 tion Agency determines, after notice and 

20 comment, to contribute to climate change; 

21 and 

22 ‘‘(iii) includes any other 

23 anthropogenically emitted gas that the 

24 Intergovernmental Panel on Climate 


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1 Change determines to contribute to climate 

2 change. 

3 ‘‘(K) GREENHOUSE GAS EMISSIONS.—The 

4 term ‘greenhouse gas emissions’ means the 

5 emissions of greenhouse gas, expressed in terms 

6 of metric tons of carbon dioxide equivalent. 

7 ‘‘(L) PHYSICAL RISKS.—The term ‘phys8 ical risks’ means financial risks to long-lived 

9 fixed assets, locations, operations, or value 

10 chains that result from exposure to physical cli11 mate-related effects, including— 

12 ‘‘(i) increased average global tempera13 tures and increased frequency of tempera14 ture extremes; 

15 ‘‘(ii) increased severity and frequency 

16 of extreme weather events; 

17 ‘‘(iii) increased flooding; 

18 ‘‘(iv) sea level rise; 

19 ‘‘(v) ocean acidification; 

20 ‘‘(vi) increased frequency of wildfires; 

21 ‘‘(vii) decreased arability of farmland; 

22 ‘‘(viii) decreased availability of fresh 

23 water; and 

24 ‘‘(ix) any other financial risks to long25 lived fixed assets, locations, operations, or 


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1 value chains determined appropriate by the 

2 Commission, in consultation with appro3 priate climate principals. 

4 ‘‘(M) SOCIAL COST OF CARBON.—The term 

5 ‘social cost of carbon’ means the social cost of 

6 carbon, as described in the technical support 

7 document entitled ‘Technical Support Docu8 ment: Technical Update of the Social Cost of 

9 Carbon for Regulatory Impact Analysis Under 

10 Executive Order 12866’, published by the Inter11 agency Working Group on Social Cost of Green12 house Gases, United States Government, in Au13 gust 2016 or any successor or substantially re14 lated estimate of the monetized damages associ15 ated with an incremental increase in carbon di16 oxide emissions in a given year. 

17 ‘‘(N) TRANSITION RISKS.—The term ‘tran18 sition risks’ means financial risks that are at19 tributable to climate change mitigation and ad20 aptation, including efforts to reduce greenhouse 

21 gas emissions and strengthen resilience to the 

22 impacts of climate change, including— 

23 ‘‘(i) costs relating to— 

24 ‘‘(I) international treaties and 

25 agreements; 


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1 ‘‘(II) Federal, State, and local 

2 policy; 

3 ‘‘(III) new technologies; 

4 ‘‘(IV) changing markets; 

5 ‘‘(V) reputational impacts rel6 evant to changing consumer behavior; 

7 and 

8 ‘‘(VI) litigation; and 

9 ‘‘(ii) assets that may lose value or be10 come stranded due to any of the costs de11 scribed in subclauses (I) through (VI) of 

12 clause (i). 

13 ‘‘(O) VALUE CHAIN.—The term ‘value 

14 chain’— 

15 ‘‘(i) means the total lifecycle of a 

16 product or service, both before and after 

17 production of the product or service, as ap18 plicable; and 

19 ‘‘(ii) may include the sourcing of ma20 terials, production, transportation, and dis21 posal with respect to the product or service 

22 described in clause (i). 

23 ‘‘(2) FINDINGS.—Congress finds that— 

24 ‘‘(A) short-, medium-, and long-term finan25 cial and economic risks and opportunities relatVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ing to climate change, and the national and 

2 global reduction of greenhouse gas emissions, 

3 constitute information that issuers— 

4 ‘‘(i) may reasonably expect to affect 

5 shareholder decision making; and 

6 ‘‘(ii) should regularly identify, evalu7 ate, and disclose; and 

8 ‘‘(B) the disclosure of information de9 scribed in paragraph (1) should— 

10 ‘‘(i) identify, and evaluate— 

11 ‘‘(I) material physical and transi12 tion risks posed by climate change; 

13 and 

14 ‘‘(II) the potential financial im15 pact of such risks; 

16 ‘‘(ii) detail any implications such risks 

17 have on corporate strategy; 

18 ‘‘(iii) detail any board-level oversight 

19 of material climate related risks and op20 portunities; 

21 ‘‘(iv) allow for intra- and cross-indus22 try comparison, to the extent practicable, 

23 of climate-related risk exposure through 

24 the inclusion of standardized industry-spe25 cific and sector-specific disclosure metrics, 


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1 as identified by the Commission, in con2 sultation with the appropriate climate prin3 cipals; 

4 ‘‘(v) allow for tracking of performance 

5 over time with respect to mitigating cli6 mate risk exposure; and 

7 ‘‘(vi) incorporate a price on green8 house gas emissions in financial analyses 

9 that reflects, at minimum, the social cost 

10 of carbon that is attributable to issuers. 

11 ‘‘(3) DISCLOSURE.—Each covered issuer, in any 

12 annual report filed by the covered issuer under sub13 section (a) or section 15(d), shall, in accordance 

14 with any rules issued by the Commission pursuant 

15 to this subsection, include in each such report infor16 mation regarding— 

17 ‘‘(A) the identification of, the evaluation of 

18 potential financial impacts of, and any risk19 management strategies relating to— 

20 ‘‘(i) physical risks posed to the cov21 ered issuer by climate change; and 

22 ‘‘(ii) transition risks posed to the cov23 ered issuer by climate change; 

24 ‘‘(B) a description of any established cor25 porate governance processes and structures to 


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1 identify, assess, and manage climate-related 

2 risks; 

3 ‘‘(C) a description of specific actions that 

4 the covered issuer is taking to mitigate identi5 fied risks; 

6 ‘‘(D) a description of the resilience of any 

7 strategy the covered issuer has for addressing 

8 climate risks when differing climate scenarios 

9 are taken into consideration; and 

10 ‘‘(E) a description of how climate risk is 

11 incorporated into the overall risk management 

12 strategy of the covered issuer. 

13 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

14 paragraph (3) may be construed as precluding a cov15 ered issuer from including, in an annual report sub16 mitted under subsection (a) or section 15(d), any in17 formation not explicitly referenced in such para18 graph. 

19 ‘‘(5) RULEMAKING.—The Commission, in con20 sultation with the appropriate climate principals, 

21 shall, not later than 2 years after the date of the en22 actment of this subsection, issue rules with respect 

23 to the information that a covered issuer is required 

24 to disclose pursuant to this subsection and such 

25 rules shall— 


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1 ‘‘(A) establish climate-related risk disclo2 sure rules, which shall— 

3 ‘‘(i) be, to the extent practicable, spe4 cialized for industries within specific sec5 tors of the economy, which shall include— 

6 ‘‘(I) the sectors of finance, insur7 ance, transportation, electric power, 

8 mining, and non-renewable energy; 

9 and 

10 ‘‘(II) any other sector determined 

11 appropriate by the Commission, in 

12 consultation with the appropriate cli13 mate principals; 

14 ‘‘(ii) include reporting standards for 

15 estimating and disclosing direct and indi16 rect greenhouse gas emissions by a covered 

17 issuer, and any affiliates of the covered 

18 issuer, which shall— 

19 ‘‘(I) disaggregate, to the extent 

20 practicable, total emissions of each 

21 specified greenhouse gas by the cov22 ered issuer; and 

23 ‘‘(II) include greenhouse gas 

24 emissions by the covered issuer during 

25 the period covered by the disclosure; 


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1 ‘‘(iii) include reporting standards for 

2 disclosing, with respect to a covered 

3 issuer— 

4 ‘‘(I) the total amount of fossil 

5 fuel-related assets owned or managed 

6 by the covered issuer; and 

7 ‘‘(II) the percentage of fossil 

8 fuel-related assets as a percentage of 

9 total assets owned or managed by the 

10 covered issuer; 

11 ‘‘(iv) specify requirements for, and the 

12 disclosure of, input parameters, assump13 tions, and analytical choices to be used in 

14 climate scenario analyses required under 

15 subparagraph (B)(i), including— 

16 ‘‘(I) present value discount rates; 

17 and 

18 ‘‘(II) time frames to consider, in19 cluding 5-, 10-, and 20-year time 

20 frames; and 

21 ‘‘(v) include reporting standards and 

22 guidance with respect to the information 

23 required under subparagraph (B)(iii); 


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1 ‘‘(B) require that a covered issuer, with re2 spect to a disclosure required under this sub3 section— 

4 ‘‘(i) incorporate into such disclosure— 

5 ‘‘(I) quantitative analysis to sup6 port any qualitative statement made 

7 by the covered issuer; 

8 ‘‘(II) the rules established under 

9 subparagraph (A); 

10 ‘‘(III) industry-specific metrics 

11 that comply with the requirements 

12 under subparagraph (A)(i); 

13 ‘‘(IV) specific risk management 

14 actions that the covered issuer is tak15 ing to address identified risks; 

16 ‘‘(V) a discussion of the short-, 

17 medium-, and long-term resilience of 

18 any risk management strategy, and 

19 the evolution of applicable risk 

20 metrics, of the covered issuer under 

21 each scenario described in clause (ii); 

22 and 

23 ‘‘(VI) the total cost attributable 

24 to the direct and indirect greenhouse 

25 gas emissions of the covered issuer, 


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1 using, at minimum, the social cost of 

2 carbon; 

3 ‘‘(ii) consider, when preparing any 

4 qualitative or quantitative risk analysis 

5 statement contained in the disclosure— 

6 ‘‘(I) a baseline scenario that in7 cludes physical impacts of climate 

8 change; 

9 ‘‘(II) a 1.5 degrees scenario; and 

10 ‘‘(III) any additional climate 

11 analysis scenario considered appro12 priate by the Commission, in consulta13 tion with the appropriate climate prin14 cipals; 

15 ‘‘(iii) if the covered issuer engages in 

16 the commercial development of fossil fuels, 

17 include in the disclosure— 

18 ‘‘(I) an estimate of the total and 

19 a disaggregated amount of direct and 

20 indirect greenhouse gas emissions of 

21 the covered issuer that are attrib22 utable to— 

23 ‘‘(aa) combustion; 

24 ‘‘(bb) flared hydrocarbons; 

25 ‘‘(cc) process emissions; 


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1 ‘‘(dd) directly vented emis2 sions; 

3 ‘‘(ee) fugitive emissions or 

4 leaks; and 

5 ‘‘(ff) land use changes; 

6 ‘‘(II) a description of— 

7 ‘‘(aa) the sensitivity of fossil 

8 fuel reserve levels to future price 

9 projection scenarios that incor10 porate the social cost of carbon; 

11 ‘‘(bb) the percentage of the 

12 reserves of the covered issuer 

13 that will be developed under the 

14 scenarios established in clause 

15 (ii), as well as a forecast for the 

16 development prospects of each re17 serve under the scenarios estab18 lished in clause (ii); 

19 ‘‘(cc) the potential amount 

20 of direct and indirect greenhouse 

21 gas emissions that are embedded 

22 in proved and probable reserves, 

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1 divided categories by the type of 

2 reserve; 

3 ‘‘(dd) the methodology of 

4 the covered issuer for detecting 

5 and mitigating fugitive methane 

6 emissions, which shall include the 

7 frequency with which applicable 

8 assets of the covered issuer are 

9 observed for methane leaks, the 

10 processes and technology that the 

11 covered issuer uses to detect 

12 methane leaks, the percentage of 

13 assets of the covered issuer that 

14 the covered issuer inspects under 

15 that methodology, and quan16 titative and time-bound reduction 

17 goals of the issuer with respect to 

18 methane leaks; 

19 ‘‘(ee) the amount of water 

20 that the covered issuer withdraws 

21 from freshwater sources for use 

22 and consumption in operations of 

23 the covered issuer; and 

24 ‘‘(ff) the percentage of the 

25 water described in item (ee) that 


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1 comes from regions of water 

2 stress or that face wastewater 

3 management challenges; and 

4 ‘‘(III) any other information that 

5 the Commission determines is— 

6 ‘‘(aa) necessary; 

7 ‘‘(bb) appropriate to safe8 guard the public interest; or 

9 ‘‘(cc) directed at ensuring 

10 that investors are informed in ac11 cordance with the findings de12 scribed in paragraph (2); 

13 ‘‘(C) with respect to a disclosure required 

14 under section 13(s) of the Securities Exchange 

15 Act of 1934, require that a covered issuer in16 clude in such disclosure any other information, 

17 or use any climate-related or greenhouse gas 

18 emissions metric, that the Commission, in con19 sultation with the appropriate climate prin20 cipals, determines is— 

21 ‘‘(i) necessary; 

22 ‘‘(ii) appropriate to safeguard the 

23 public interest; or 


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1 ‘‘(iii) directed at ensuring that inves2 tors are informed in accordance with the 

3 findings described in paragraph (2); and 

4 ‘‘(D) with respect to a disclosure required 

5 under section 13(s) of the Securities Exchange 

6 Act of 1934, establish how and where the re7 quired disclosures shall be addressed in the cov8 ered issuer’s annual financial filing. 

9 ‘‘(6) FORMATTING.—The Commission shall re10 quire issuers to disclose information in an interactive 

11 data format and shall develop standards for such 

12 format, which shall include electronic tags for infor13 mation that the Commission determines is— 

14 ‘‘(A) necessary; 

15 ‘‘(B) appropriate to safeguard the public 

16 interest; or 

17 ‘‘(C) directed at ensuring that investors 

18 are informed in accordance with the findings 

19 described in paragraph (2). 

20 ‘‘(7) PERIODIC UPDATE OF RULES.—The Com21 mission shall periodically update the rules issued 

22 under this subsection. 

23 ‘‘(8) COMPILATION OF INFORMATION DIS24 CLOSED.—The Commission shall, to the maximum 

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1 mation disclosed by issuers under this subsection 

2 publicly available on the website of the Commission 

3 and update such compilation at least once each year. 

4 ‘‘(9) REPORTS.— 

5 ‘‘(A) REPORT TO CONGRESS.—The Com6 mission shall— 

7 ‘‘(i) conduct an annual assessment re8 garding the compliance of covered issuers 

9 with the requirements of this subsection; 

10 ‘‘(ii) submit to the appropriate con11 gressional committees a report that con12 tains the results of each assessment con13 ducted under clause (i); and 

14 ‘‘(iii) make each report submitted 

15 under clause (ii) accessible to the public. 

16 ‘‘(B) GAO REPORT.—The Comptroller 

17 General of the United States shall periodically 

18 evaluate, and report to the appropriate congres19 sional committees on, the effectiveness of the 

20 Commission in carrying out and enforcing this 

21 subsection.’’. 

22 SEC. 853. BACKSTOP. 

23 If, 2 years after the date of the enactment of this 

24 Act, the Securities and Exchange Commission has not 

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1 ties Exchange Act of 1934, and until such rules are issued, 

2 a covered issuer (as defined in such section 13(s)) shall 

3 be deemed in compliance with such section 13(s) if disclo4 sures set forth in the annual report of such issuer satisfy 

5 the recommendations of the Task Force on Climate-re6 lated Financial Disclosures of the Financial Stability 

7 Board as reported in June, 2017, or any successor report, 

8 and as supplemented or adjusted by such rules, guidance, 

9 or other comments from the Securities and Exchange 

10 Commission. 

11 TITLE IX—WASTE REDUCTION 

12 Subtitle A—Clean Air 

13 SEC. 901. DEFINITIONS. 

14 In this subtitle: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Environ17 mental Protection Agency. 

18 (2) COVERED FACILITY.—The term ‘‘covered 

19 facility’’ means— 

20 (A) an industrial facility that transforms 

21 natural gas liquids into ethylene and propylene 

22 for later conversion into plastic polymers; 

23 (B) a plastic polymerization or polymer 

24 production facility; and 


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1 (C) an industrial facility that repolymerizes 

2 plastic polymers into chemical feedstocks for 

3 use in new products or as fuel. 

4 (3) COVERED PRODUCT.—The term ‘‘covered 

5 product’’ means— 

6 (A) ethylene; 

7 (B) propylene; 

8 (C) polyethylene in any form (including 

9 pellets, resin, nurdle, powder, and flakes); 

10 (D) polypropylene in any form (including 

11 pellets, resin, nurdle, powder, and flakes); 

12 (E) polyvinyl chloride in any form (includ13 ing pellets, resin, nurdle, powder, and flakes); 

14 and 

15 (F) other plastic polymer raw materials in 

16 any form (including pellets, resin, nurdle, pow17 der, and flakes). 

18 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en19 vironmental justice’’ has the meaning given that 

20 term in section 601. 

21 (5) FENCELINE MONITORING.—The term 

22 ‘‘fenceline monitoring’’ means continuous, real-time 

23 monitoring of ambient air quality around the entire 

24 perimeter of a facility. 


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1 (6) FRONTLINE COMMUNITY.—The term 

2 ‘‘frontline community’’ means an environmental jus3 tice community (as defined in section 601) located 

4 near a covered facility. 

5 (7) TEMPORARY PAUSE PERIOD.—The term 

6 ‘‘temporary pause period’’ means the period— 

7 (A) beginning on the date of enactment of 

8 this Act; and 

9 (B) ending on the date that is the first 

10 date on which all regulations required under 

11 section 902(c) are in effect. 

12 (8) ZERO-EMISSIONS ENERGY.—The term 

13 ‘‘zero-emissions energy’’ means energy that is pro14 duced without emitting any greenhouse gas. 

15 SEC. 902. CLEAN AIR. 

16 (a) TEMPORARY PAUSE.—During the temporary 

17 pause period, notwithstanding any other provision of 

18 law— 

19 (1) the Administrator shall not issue a new per20 mit for a covered facility under the Clean Air Act 

21 (42 U.S.C. 7401 et seq.); and 

22 (2) the Administrator shall object in writing 

23 under subsections (b) and (c) of section 505 of the 

24 Clean Air Act (42 U.S.C. 7661d), as applicable, to 

25 any new permit for a covered facility issued under 


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1 the Clean Air Act (42 U.S.C. 7401 et seq.) by a 

2 State or local government pursuant to delegated au3 thority. 

4 (b) STUDY.— 

5 (1) IN GENERAL.— 

6 (A) AGREEMENT.—The Administrator 

7 shall offer to enter into an agreement with the 

8 National Academy of Sciences and the National 

9 Institutes of Health to conduct a study of— 

10 (i) the existing and planned expansion 

11 of the industry of the producers of covered 

12 products, including the entire supply chain, 

13 end uses, disposal fate, and lifecycle im14 pacts of covered products; 

15 (ii) the environmental justice and pol16 lution impacts of covered facilities and the 

17 products of covered facilities; 

18 (iii) the existing standard technologies 

19 and practices of covered facilities with re20 spect to the discharge and emission of pol21 lutants into the environment; and 

22 (iv) the best available technologies 

23 and practices that reduce or eliminate the 

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1 pacts of covered facilities and the products 

2 of covered facilities. 

3 (B) FAILURE TO ENTER AGREEMENT.—If 

4 the Administrator fails to enter into an agree5 ment described in subparagraph (A), the Ad6 ministrator shall conduct the study described in 

7 such subparagraph. 

8 (2) REQUIREMENTS.—The study under para9 graph (1) shall— 

10 (A) consider— 

11 (i) the direct, indirect, and cumulative 

12 environmental impacts of the industries of 

13 covered facilities to date; and 

14 (ii) the impacts of the planned expan15 sion of those industries, including local, re16 gional, national, and international air, 

17 water, waste, climate change, public health, 

18 and environmental justice impacts of those 

19 industries; and 

20 (B) recommend technologies, standards, 

21 and practices to remediate or eliminate the 

22 local, regional, national, and international air, 

23 water, waste, climate change, public health, and 

24 environmental justice impacts of covered facili25 ties and the industries of covered facilities. 


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1 (3) REPORT.—Not later than 18 months after 

2 the date of enactment of this Act, the Administrator 

3 shall submit to Congress a report describing the re4 sults of the study under paragraph (1). 

5 (c) CONTROLLING AIR POLLUTION.— 

6 (1) NEW SOURCE PERFORMANCE STAND7 ARDS.— 

8 (A) REGULATION.—Not later than 3 years 

9 after the date of enactment of this Act, the Ad10 ministrator shall finalize regulations pursuant 

11 to section 111 of the Clean Air Act (42 U.S.C. 

12 7411) to limit emissions of greenhouse gases 

13 and other air pollutants from covered facilities. 

14 (B) NEW SOURCES.—The regulation re15 quired by subparagraph (A) shall provide for 

16 the establishment, implementation, and enforce17 ment of standards of performance limiting 

18 emissions of greenhouse gases and other air 

19 pollutants under section 111(b) of the Clean 

20 Air Act (42 U.S.C. 7411(b)) for emissions from 

21 new, reconstructed, and modified covered facili22 ties that are new sources (as defined in section 

23 111(a) of such Act (42 U.S.C. 7411(a))). 


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1 (C) STANDARDS OF PERFORMANCE.—The 

2 standards of performance required by subpara3 graph (B) shall— 

4 (i) require the application of the best 

5 system of emission reduction to include the 

6 use of zero-emissions energy sources, ex7 cept to the extent that waste gases are re8 cycled; and 

9 (ii) include necessary conditions and 

10 procedures for the Administrator to deter11 mine that certain activities at covered fa12 cilities require the use of non-zero-emis13 sions energy sources. 

14 (D) DESIGNATION AS CATEGORY OF STA15 TIONARY SOURCES.—The regulation required by 

16 subparagraph (A) shall designate ethylene, pro17 pylene, polyethylene, and polypropylene produc18 tion facilities as a category of stationary 

19 sources under section 111(b)(1)(A) of the Clean 

20 Air Act (42 U.S.C. 7411(b)(1)(A)). 

21 (E) PROTECTION OF FRONTLINE COMMU22 NITIES.—The regulation required by subpara23 graph (A) shall include such updates to existing 

24 standards of performance under section 111 of 

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1 ministrator determines to be necessary, ac2 counting for technological advances, to ensure 

3 the protection of the health and welfare of 

4 frontline communities. Such updates shall in5 clude— 

6 (i) with respect to, at covered facili7 ties, storage vessels containing liquid with 

8 a vapor pressure of equal to or more than 

9 5 millimeters of mercury under actual stor10 age conditions, ensuring that owners or op11 erators of such storage vessels use an in12 ternal floating or fixed roof tank connected 

13 to a volatile organic compound control de14 vice; 

15 (ii) with respect to elevated or ground16 level flaring at covered facilities, updating 

17 standards to ensure that— 

18 (I) such flaring is permitted only 

19 when necessary for safety reasons; 

20 and 

21 (II) such standards are, without 

22 exception, continuously applied; 

23 (iii) with respect to synthetic organic 

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1 monly referred to as ‘‘SOCMI’’) equipment 

2 used at covered facilities— 

3 (I) ensuring that owners and op4 erators of such equipment, wherever 

5 possible, use process units and compo6 nents with a leak-less or seal-less de7 sign; 

8 (II) ensuring that owners and op9 erators of such equipment use optical 

10 gas imaging to identify leaks on a 

11 quarterly basis; 

12 (III) prohibiting the use of open13 ended valves or lines except for safety 

14 reasons; 

15 (IV) lowering the threshold for 

16 ‘‘no detectable emissions’’ to mean an 

17 instrument reading of less than 50 

18 parts per million above background 

19 concentrations; and 

20 (V) defining a leak as any instru21 ment reading above the standard de22 scribed in subclause (IV); 

23 (iv) with respect to natural gas-fired 

24 steam boilers at covered facilities, ensuring 


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1 that such boilers may burn only gaseous 

2 fuels, not solid or liquid fuels; and 

3 (v) with respect to air emissions moni4 toring at covered facilities, requiring— 

5 (I) accurate and continuous emis6 sions monitoring of criteria air pollut7 ants subject to a standard issued 

8 under section 109 of the Clean Air 

9 Act (42 U.S.C. 7409) for all combus10 tion devices except non-enclosed 

11 flares; 

12 (II) fenceline monitoring for the 

13 pollutants listed in subclause (I) and 

14 other relevant air pollutants; and 

15 (III) accurate and continuous 

16 recordkeeping when monitoring de17 scribed in subclauses (I) and (II) is 

18 required and making such records 

19 publicly available. 

20 (2) NATIONAL EMISSION STANDARDS FOR HAZ21 ARDOUS AIR POLLUTANTS.— 

22 (A) REGULATION.—Not later than 3 years 

23 after the date of enactment of this Act, the Ad24 ministrator shall finalize regulations pursuant 

25 to section 112 of the Clean Air Act (42 U.S.C. 


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1 7412) to further limit emissions of hazardous 

2 air pollutants (as defined in section 112(a) of 

3 the Clean Air Act (42 U.S.C. 7412(a)) from 

4 covered facilities and benzene waste operations. 

5 (B) MAXIMUM ACHIEVABLE CONTROL

6 TECHNOLOGY STANDARDS.—The regulations re7 quired by subparagraph (A) shall provide for 

8 the establishment, implementation, and enforce9 ment of updated maximum achievable control 

10 technology standards for covered facilities and 

11 benzene waste operations. Such standards 

12 shall— 

13 (i) at a minimum, prohibit, for any 

14 hazardous air pollutant, an instrument 

15 reading of 50 or more parts per million 

16 above background concentrations; 

17 (ii) define a leak of a hazardous air 

18 pollutant as any instrument reading above 

19 the standard described in clause (i); and 

20 (iii) include necessary conditions and 

21 procedures for the Administrator to deter22 mine whether covered facilities and ben23 zene waste operations exhibit any such 

24 leaks. 


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1 (C) PROTECTION OF FRONTLINE COMMU2 NITIES.—The regulation required by subpara3 graph (A) shall include such updates to existing 

4 requirements under section 112 of the Clean 

5 Air Act (42 U.S.C. 7412) as the Administrator 

6 determines to be necessary, accounting for tech7 nological advances, to ensure the protection of 

8 the health and welfare of frontline communities. 

9 Such updates shall include— 

10 (i) disallowing the use of alternative 

11 means of emission limitation for the pur12 pose of reducing benzene emissions; and 

13 (ii) updating standards for covered fa14 cilities and benzene waste operations in ac15 cordance with subparagraph (B)(ii). 

16 SEC. 903. ENVIRONMENTAL JUSTICE. 

17 (a) IN GENERAL.—The Administrator shall by rule 

18 ensure that— 

19 (1) any proposed permit to be issued under the 

20 Clean Air Act (42 U.S.C. 7401 et seq.) with respect 

21 to a covered facility by the Administrator, or by a 

22 State or local agency to which the Administrator has 

23 delegated authority to issue such permit, is accom24 panied by an environmental justice assessment 

25 that— 


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1 (A) assesses the direct and disparate eco2 nomic, environmental, and public health im3 pacts of the proposed permit on frontline com4 munities; and 

5 (B) proposes changes or alterations to the 

6 proposed permit that would, to the maximum 

7 extent practicable, eliminate or mitigate the im8 pacts described in subparagraph (A); 

9 (2) one or more public meetings is held in 

10 frontline communities prior to the beginning of the 

11 public comment period for the proposed permit; 

12 (3) technical assistance is provided to residents 

13 of frontline communities seeking to participate in 

14 the public comment period for the proposed permit, 

15 either from— 

16 (A) the Environmental Protection Agency; 

17 or 

18 (B) expert sources chosen by residents of 

19 frontline communities; 

20 (4) each proposed permit and environmental 

21 justice assessment described in paragraph (1) is de22 livered to applicable frontline communities at the be23 ginning of the public comment period for the pro24 posed permit, which shall include notification 

25 through— 


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1 (A) direct means; and 

2 (B) publications likely to be obtained by 

3 residents of the frontline community; 

4 (5) the Administrator or the State or local 

5 agency described in paragraph (1), as applicable, 

6 shall not approve the proposed permit unless— 

7 (A) changes or alterations have been incor8 porated into the proposed permit that, to the 

9 maximum extent practicable, eliminate or miti10 gate the environmental justice impacts de11 scribed in paragraph (1)(A); and 

12 (B) the changes or alterations described in 

13 subparagraph (A) have been developed with 

14 input from residents or representatives of the 

15 frontline community in which the covered facil16 ity to which the proposed permit would apply is 

17 located or seeks to locate; and 

18 (6) the approval of the proposed permit is con19 ditioned on the covered facility providing comprehen20 sive fenceline monitoring and response strategies 

21 that fully protect public health and safety and the 

22 environment in frontline communities. 

23 (b) INPUT.—In promulgating a rule to carry out sub24 section (a), including any revision to such rule, the Admin25 istrator shall solicit input from— 


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1 (1) residents of frontline communities; and 

2 (2) representatives of frontline communities. 

3 (c) FINAL RULE.—Not later than 3 years after the 

4 date of enactment of this Act, the Administrator shall pro5 mulgate a final rule to carry out subsection (a). 

6 Subtitle B—Product Standards and 

7 Producer Responsibility 

8 SEC. 911. PRODUCT STANDARDS AND PRODUCER RESPON9 SIBILITY. 

10 (a) IN GENERAL.—The Solid Waste Disposal Act (42 

11 U.S.C. 6901 et seq.) is amended by adding at the end 

12 the following: 

13 ‘‘Subtitle K—Product Standards 

14 and Producer Responsibility 

15 ‘‘SEC. 12001. DEFINITIONS. 

16 ‘‘In this subtitle: 

17 ‘‘(1) BEVERAGE.— 

18 ‘‘(A) IN GENERAL.—The term ‘beverage’ 

19 means any drinkable liquid intended for human 

20 oral consumption that is— 

21 ‘‘(i) water; 

22 ‘‘(ii) flavored, soda, mineral, or coco23 nut water; 


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1 ‘‘(iii) beer, wine, liquor, hard cider, 

2 hard seltzer, a wine cooler, or a malt bev3 erage; 

4 ‘‘(iv) a carbonated soft drink; 

5 ‘‘(v) tea; 

6 ‘‘(vi) coffee; 

7 ‘‘(vii) fruit juice; 

8 ‘‘(viii) dairy or plant-based milk; 

9 ‘‘(ix) kombucha; 

10 ‘‘(x) an energy or sports drink; 

11 ‘‘(xi) a yogurt drink; 

12 ‘‘(xii) a probiotic drink; or 

13 ‘‘(xiii) any other drinkable liquid de14 termined to be appropriate by the Adminis15 trator. 

16 ‘‘(B) EXCLUSIONS.—The term ‘beverage’ 

17 does not include— 

18 ‘‘(i) a product marketed as a liquid 

19 meal replacement with caloric and nutri20 tional value intended to replace a regular 

21 meal; 

22 ‘‘(ii) infant formula; 

23 ‘‘(iii) a drug regulated under the Fed24 eral Food, Drug, and Cosmetic Act (21 

25 U.S.C. 301 et seq.); 


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1 ‘‘(iv) any other beverage that is ex2 empted by a rule of the Administrator. 

3 ‘‘(2) BEVERAGE CONTAINER.— 

4 ‘‘(A) IN GENERAL.—The term ‘beverage 

5 container’ means an individual and sealed glass, 

6 metal, or plastic bottle, can, or jar that— 

7 ‘‘(i) contains a beverage; and 

8 ‘‘(ii) the volume of which is not more 

9 than 3 liters. 

10 ‘‘(B) EXCLUSION.—The term ‘beverage 

11 container’ does not include a carton, foil pouch, 

12 drink box, or metal container that requires a 

13 tool to be opened in order to be recycled. 

14 ‘‘(3) COMPOSTABLE.— 

15 ‘‘(A) IN GENERAL.—The term 

16 ‘compostable’ means, with respect to a covered 

17 product, that the covered product— 

18 ‘‘(i)(I) meets the ASTM International 

19 standard specification for compostable 

20 products numbered D6400 or D6868— 

21 ‘‘(aa) as in effect on the date of 

22 enactment of this subtitle; or 

23 ‘‘(bb) as revised after the date of 

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1 sion is approved by the Administrator; 

2 and 

3 ‘‘(II) is labeled to reflect that the cov4 ered product meets a standard described in 

5 subclause (I); 

6 ‘‘(ii) is certified as a compostable 

7 product by an independent party that is 

8 approved by the Administrator; or 

9 ‘‘(iii) comprises only— 

10 ‘‘(I) wood without any coatings, 

11 additives, or toxic substances; or 

12 ‘‘(II) natural or biodegradable 

13 fiber without any coatings, additives, 

14 or toxic substances. 

15 ‘‘(B) EXCLUSION.—The term 

16 ‘compostable’ shall not apply to paper. 

17 ‘‘(4) COVERED PRODUCT.— 

18 ‘‘(A) IN GENERAL.—The term ‘covered 

19 product’ means, regardless of recyclability, 

20 compostability, or material type— 

21 ‘‘(i) packaging; 

22 ‘‘(ii) a food service product; 

23 ‘‘(iii) paper; and 


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1 ‘‘(iv) any other consumer product that 

2 is designed to be disposed of, recycled, or 

3 otherwise discarded after a single use. 

4 ‘‘(B) EXCLUSION.—The term ‘covered 

5 product’ does not include a beverage container. 

6 ‘‘(5) DISTRIBUTOR.—The term ‘distributor’ 

7 means an entity that engages in the sale of a cov8 ered product or beverage in a beverage container to 

9 a retailer, including any manufacturer who engages 

10 in such sale. 

11 ‘‘(6) FOOD SERVICE PRODUCT.—The term ‘food 

12 service product’ means an item intended to deliver a 

13 food product, regardless of the recyclability or 

14 compostability of the item, including— 

15 ‘‘(A) a utensil; 

16 ‘‘(B) a straw; 

17 ‘‘(C) a drink cup; 

18 ‘‘(D) a drink lid; 

19 ‘‘(E) a food package; 

20 ‘‘(F) a food container; 

21 ‘‘(G) a plate; 

22 ‘‘(H) a bowl; 

23 ‘‘(I) a meat tray; and 

24 ‘‘(J) a food wrap. 


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1 ‘‘(7) IMPORTER.—The term ‘importer’ means 

2 any retailer or manufacturer who directly imports a 

3 covered product or beverage in a beverage container 

4 into the United States. 

5 ‘‘(8) MANUFACTURER.—The term ‘manufac6 turer’ means an entity bottling, canning, or other7 wise filling a covered product or beverage container 

8 for sale to a distributor, importer, or retailer. 

9 ‘‘(9) PACKAGING.— 

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

11 means— 

12 ‘‘(i) any package or container, regard13 less of recyclability or compostability; and 

14 ‘‘(ii) any part of a package or con15 tainer, regardless of recyclability or 

16 compostability, that includes material that 

17 is used for the containment, protection, 

18 handling, delivery, and presentation of 

19 goods that are sold, offered for sale, or dis20 tributed to consumers in the United 

21 States, including through an internet 

22 transaction. 

23 ‘‘(B) INCLUSIONS.—The term ‘packaging’ 

24 includes— 


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1 ‘‘(i) a package or container intended 

2 for the consumer market; 

3 ‘‘(ii) a package or container designed 

4 and intended to be used or filled at the 

5 point of sale, such as carry-out bags, bulk 

6 good bags, and home delivery food service 

7 packaging; 

8 ‘‘(iii) a secondary package or con9 tainer used to group products for multiunit 

10 sale; 

11 ‘‘(iv) a tertiary package or container 

12 used for transportation or distribution di13 rectly to a consumer; and 

14 ‘‘(v) ancillary elements hung or at15 tached to a product and performing a 

16 packaging function. 

17 ‘‘(C) EXCLUSION.—The term ‘packaging’ 

18 does not include a package or container de19 signed to store or protect a product, without 

20 being opened or tampered with, for more than 

21 5 years. 

22 ‘‘(10) PAPER.— 

23 ‘‘(A) IN GENERAL.—The term ‘paper’ 

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1 ered, or distributed to a consumer or business 

2 in the United States. 

3 ‘‘(B) INCLUSIONS.—The term ‘paper’ in4 cludes— 

5 ‘‘(i) newsprint and inserts; 

6 ‘‘(ii) magazines and catalogs; 

7 ‘‘(iii) promotional or advertising paper 

8 mail; 

9 ‘‘(iv) paper meant for packaging; 

10 ‘‘(v) office paper; and 

11 ‘‘(vi) telephone or other similar direc12 tories. 

13 ‘‘(C) EXCLUSIONS.—The term ‘paper’ does 

14 not include— 

15 ‘‘(i) a paper product that, due to the 

16 intended use of the paper product, could 

17 become unsafe or unsanitary to recycle; or 

18 ‘‘(ii) a bound soft-cover or hard-cover 

19 book. 

20 ‘‘(11) RECYCLABLE.—The term ‘recyclable’ 

21 means, with respect to a covered product or beverage 

22 container, that— 

23 ‘‘(A) the covered product or beverage con24 tainer is economically and technically possible 

25 to recycle; 


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1 ‘‘(B) United States processing capacity is 

2 in operation to recycle, with the geographical 

3 distribution of the capacity aligned with the 

4 population of geographical regions of the 

5 United States, of the total quantity of the cov6 ered product or beverage container produced in 

7 the United States— 

8 ‘‘(i) for each of calendar years 2022 

9 through 2026, not less than 25 percent; 

10 ‘‘(ii) for each of calendar years 2027 

11 through 2031, not less than 35 percent; 

12 ‘‘(iii) for each of calendar years 2032 

13 through 2036, not less than 50 percent; 

14 and 

15 ‘‘(iv) for calendar year 2037 and each 

16 calendar year thereafter, not less than 60 

17 percent; and 

18 ‘‘(C) the consumer that uses the covered 

19 product or beverage container is not required to 

20 remove an attached component of the covered 

21 product or beverage container, such as a shrink 

22 sleeve, label, or filter, before the covered prod23 uct or beverage container can be recycled. 

24 ‘‘(12) RECYCLE; RECYCLING.— 


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1 ‘‘(A) IN GENERAL.—The terms ‘recycle’ or 

2 ‘recycling’ mean the series of activities by which 

3 a covered product or beverage container is— 

4 ‘‘(i) collected, sorted, and processed; 

5 and 

6 ‘‘(ii)(I) converted into a raw material 

7 with minimal loss of material quality; or 

8 ‘‘(II) used in the production of a new 

9 product, including one that is identical to 

10 the original product. 

11 ‘‘(B) EXCLUSION.—The terms ‘recycle’ or 

12 ‘recycling’ do not include— 

13 ‘‘(i) the method of sorting, processing, 

14 and aggregating materials from solid waste 

15 that does not preserve the original material 

16 quality, and, as a result, produces aggre17 gated material that is no longer usable for 

18 its initial purpose or product and can only 

19 be repurposed for use in a product of lower 

20 quality and lower market value (commonly 

21 referred to as ‘downcycling’); 

22 ‘‘(ii) the use of waste— 

23 ‘‘(I) as a fuel or fuel substitute; 

24 ‘‘(II) for energy production; 


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1 ‘‘(III) for alternate operating 

2 cover at a landfill; or 

3 ‘‘(IV) within the footprint of a 

4 landfill; or 

5 ‘‘(iii) the conversion of waste into al6 ternative products, such as chemicals, feed7 stocks, fuels, and energy, through— 

8 ‘‘(I) pyrolysis; 

9 ‘‘(II) hydropyrolysis; 

10 ‘‘(III) methanolysis; 

11 ‘‘(IV) gasification; 

12 ‘‘(V) enzymatic breakdown; or 

13 ‘‘(VI) a similar technology, as de14 termined by the Administrator. 

15 ‘‘(13) RESTAURANT.— 

16 ‘‘(A) IN GENERAL.—The term ‘restaurant’ 

17 means an establishment the primary business of 

18 which is the preparation of food or beverage— 

19 ‘‘(i) for consumption by the public; 

20 ‘‘(ii) in a form or quantity that is 

21 consumable immediately at the establish22 ment, whether or not the food or beverage 

23 is consumed within the confines of the 

24 place where the food or beverage is pre25 pared; or 


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1 ‘‘(iii) for take-out. 

2 ‘‘(B) INCLUSION.—The term ‘restaurant’ 

3 includes a fast food establishment. 

4 ‘‘(14) RETAILER.—The term ‘retailer’ means 

5 an entity that— 

6 ‘‘(A) engages in the sale of a covered prod7 uct or beverage in a beverage container to a 

8 consumer; 

9 ‘‘(B) provides a covered product or bev10 erage in a beverage container to another entity 

11 in commerce, including provision free of charge, 

12 such as at a workplace or event; or 

13 ‘‘(C) is an owner or operator of a vending 

14 machine or similar means who engages in the 

15 sale or provision described in (A) or (B) 

16 through such vending machine or similar 

17 means. 

18 ‘‘(15) REUSABLE.—The term ‘reusable’ means, 

19 with respect to a covered product or beverage con20 tainer, that the covered product or beverage con21 tainer is physically capable of being reused repeat22 edly without degrading the quality or functionality of 

23 the good. 

24 ‘‘(16) TOXIC SUBSTANCE.— 


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1 ‘‘(A) IN GENERAL.—The term ‘toxic sub2 stance’ means any substance, mixture, or com3 pound that— 

4 ‘‘(i) may cause personal injury or dis5 ease to humans through ingestion, inhala6 tion, or absorption through any body sur7 face; and 

8 ‘‘(ii) satisfies one or more of the fol9 lowing conditions: 

10 ‘‘(I) The substance, mixture, or 

11 compound is subject to reporting re12 quirements under— 

13 ‘‘(aa) the Emergency Plan14 ning and Community Right-To15 Know Act of 1986 (42 U.S.C. 

16 11001 et seq.); 

17 ‘‘(bb) the Comprehensive 

18 Environmental Response, Com19 pensation, and Liability Act of 

20 1980 (42 U.S.C. 9601 et seq.); 

21 or 

22 ‘‘(cc) section 112(r) of the 

23 Clean Air Act (42 U.S.C. 

24 7412(r)). 


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1 ‘‘(II) Testing has produced evi2 dence recognized by the National In3 stitute for Occupational Safety and 

4 Health or the Environmental Protec5 tion Agency that the substance, mix6 ture, or compound poses acute or 

7 chronic health hazards. 

8 ‘‘(III) The Administrator or the 

9 Secretary of Health and Human Serv10 ices has issued a public health advi11 sory for the substance, mixture, or 

12 compound. 

13 ‘‘(IV) Exposure to the substance, 

14 mixture, or compound is shown by ex15 pert testimony recognized by the En16 vironmental Protection Agency to in17 crease the risk of developing a latent 

18 disease. 

19 ‘‘(V) The substance, mixture, or 

20 compound is a perfluoroalkyl or 

21 polyfluoroalkyl substance. 

22 ‘‘(B) EXCLUSIONS.—The term ‘toxic sub23 stance’ does not include— 

24 ‘‘(i) a pesticide applied— 


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1 ‘‘(I) in accordance with Federal, 

2 State, and local laws (including regu3 lations); and 

4 ‘‘(II) in accordance with the in5 structions of the manufacturer of the 

6 pesticide; or 

7 ‘‘(ii) ammunition, a component of am8 munition, a firearm, an air rifle, discharge 

9 of a firearm or an air rifle, hunting or 

10 fishing equipment, or a component of 

11 hunting or fishing equipment. 

12 ‘‘(17) UTENSIL.— 

13 ‘‘(A) IN GENERAL.—The term ‘utensil’ 

14 means a product designed to be used by a con15 sumer to facilitate the consumption of a food or 

16 beverage. 

17 ‘‘(B) INCLUSIONS.—The term ‘utensil’ in18 cludes a knife, a fork, a spoon, a spork, a cock19 tail pick, a chopstick, a splash stick, and a stir20 rer. 

21 ‘‘SEC. 12002. RECYCLED CONTENT STANDARDS. 

22 ‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Administrator shall require each manufacturer 


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1 of plastic beverage containers to make the plastic 

2 beverage containers— 

3 ‘‘(A) by 2025, of 25 percent post-consumer 

4 recycled content from United States sources; 

5 ‘‘(B) by 2030, of 30 percent post-consumer 

6 recycled content from United States sources; 

7 ‘‘(C) by 2035, of 50 percent post-consumer 

8 recycled content from United States sources; 

9 ‘‘(D) by 2040, of 80 percent post-consumer 

10 recycled content from United States sources; 

11 and 

12 ‘‘(E) by such dates thereafter as the Ad13 ministrator shall establish, such percentages of 

14 post-consumer recycled content from United 

15 States sources as the Administrator determines 

16 by a rule to be appropriate. 

17 ‘‘(2) ADJUSTMENT.—After consideration of the 

18 results of the study under subsection (b)(1), the Ad19 ministrator may issue regulations to modify one or 

20 more of the percentages described in subparagraphs 

21 (A) through (D) of paragraph (1). 

22 ‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE

23 CONTAINERS.— 

24 ‘‘(1) STUDY.—The Administrator, in coordina25 tion with the Director of the National Institute of 


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1 Standards and Technology, the Commissioner of 

2 Food and Drugs, and the head of any other relevant 

3 Federal agency, shall carry out a study to determine 

4 the technical and safe minimum post-consumer recy5 cled content requirements for covered products and 

6 beverage containers, including beverage containers 

7 composed of glass, aluminum, and other materials. 

8 ‘‘(2) REPORT.— 

9 ‘‘(A) IN GENERAL.—Not later than 1 year 

10 after the date of enactment of this subtitle, the 

11 Administrator shall submit to Congress a report 

12 describing the results of the study under para13 graph (1), including— 

14 ‘‘(i) an estimate of the current and 

15 projected consumption of covered products 

16 and use of beverage containers in the 

17 United States; 

18 ‘‘(ii) an estimate of current and pro19 jected future recycling rates of covered 

20 products and beverage containers in the 

21 United States; 

22 ‘‘(iii) an assessment of techniques and 

23 recommendations to minimize the creation 

24 of new materials for covered products and 

25 beverage containers; and 


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1 ‘‘(iv) an assessment of— 

2 ‘‘(I) post-consumer recycled con3 tent standards for covered products 

4 and beverage containers that are tech5 nologically feasible; and 

6 ‘‘(II) the impact of the standards 

7 described in subclause (I) on recycling 

8 rates of covered products and bev9 erage containers. 

10 ‘‘(B) PUBLICATION.—On submission of the 

11 report under subparagraph (A) to Congress, the 

12 Administrator shall publish in the Federal Reg13 ister for public comment— 

14 ‘‘(i) the report; and 

15 ‘‘(ii) a description of the actions the 

16 Administrator intends to take during the 

17 1-year period after the date of publication 

18 in the Federal Register to establish min19 imum post-consumer recycled content 

20 standards for covered products and bev21 erage containers. 

22 ‘‘(3) MINIMUM STANDARDS.— 

23 ‘‘(A) IN GENERAL.—Not later than 1 year 

24 after the Administrator publishes the report 

25 under paragraph (2)(B), the Administrator 


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1 shall establish minimum post-consumer recycled 

2 content standards for covered products and bev3 erage containers. 

4 ‘‘(B) REQUIREMENT.—The standards es5 tablished under subparagraph (A) shall increase 

6 the percentage by which covered products and 

7 beverage containers shall be composed of post8 consumer recycled content over a time period 

9 established by the Administrator. 

10 ‘‘SEC. 12003. DESIGNING FOR THE ENVIRONMENT. 

11 ‘‘(a) IN GENERAL.—The Administrator shall require 

12 each manufacturer of a covered product or beverage con13 tainer to design the covered products and beverage con14 tainers to minimize the environmental and health impacts 

15 of the covered products and beverage containers. 

16 ‘‘(b) REQUIREMENTS.—In designing a covered prod17 uct or beverage container in accordance with subsection 

18 (a), to minimize the impacts of extraction, manufacture, 

19 use, and end-of-life management, a manufacturer shall 

20 consider— 

21 ‘‘(1) eliminating or reducing the quantity of 

22 material used; 

23 ‘‘(2) eliminating toxic substances; 

24 ‘‘(3) designing for reuse, refill, and lifespan ex25 tension; 


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1 ‘‘(4) incorporating recycled materials; 

2 ‘‘(5) designing to reduce environmental impacts 

3 across the lifecycle of a product; 

4 ‘‘(6) incorporating sustainably and renewably 

5 sourced material; 

6 ‘‘(7) optimizing material to use the minimum 

7 quantity of packaging necessary to effectively deliver 

8 a product without damage or spoilage; 

9 ‘‘(8) degradability of materials in cold-water en10 vironments; and 

11 ‘‘(9) improving recyclability and compostability. 

12 ‘‘SEC. 12004. PRODUCT LABELING. 

13 ‘‘(a) IN GENERAL.—A manufacturer shall include la14 bels on covered products and beverage containers that— 

15 ‘‘(1) are easy to read; 

16 ‘‘(2) indicate that the covered product or bev17 erage container is— 

18 ‘‘(A) recyclable; 

19 ‘‘(B) not recyclable; 

20 ‘‘(C) compostable; or 

21 ‘‘(D) reusable; 

22 ‘‘(3) in the case of a covered product or bev23 erage container that is not recyclable, does not in24 clude the universal chasing arrows recycling symbol 

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1 sumer to believe that the item should be sorted for 

2 recycling; 

3 ‘‘(4) in the case of a plastic bag that is not 

4 compostable, is not tinted green or brown; 

5 ‘‘(5) in the case of a compostable bag, is tinted 

6 green or brown and includes information identifying 

7 the entity designated by the Administrator that has 

8 certified that the product is compostable; and 

9 ‘‘(6) in the case of a covered product or bev10 erage container that is compostable, includes a green 

11 or brown stripe or similar marking to identify that 

12 the item is compostable. 

13 ‘‘(b) STANDARDIZED LABELS.—The Administrator 

14 shall establish or approve a standardized label for each 

15 category of covered product and beverage container to be 

16 used by manufacturers under subsection (a). 

17 ‘‘(c) REQUIREMENT.—A label described in subsection 

18 (a), including a shrink sleeve— 

19 ‘‘(1) shall be compatible with the intended 

20 method of discard for the covered product or bev21 erage container; and 

22 ‘‘(2) shall not require removal by consumers in 

23 order to be discarded in the intended method. 

24 ‘‘(d) COMPATIBILITY.—The Administrator shall en25 courage label manufacturers, in coordination with the supVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 ply chains of those manufacturers, including substrate 

2 suppliers, converters, and ink suppliers, to work with the 

3 recycling industry to address label recycling compatibility 

4 challenges. 

5 ‘‘(e) WET WIPES.—With respect to the label de6 scribed in subsection (a) for a wet wipe product— 

7 ‘‘(1) in the case of a wet wipe product sold in 

8 the United States that is intended to be disposed of 

9 in the solid waste stream, the label shall include— 

10 ‘‘(A) on the front of the package near the 

11 dispensing point, the statement ‘Do Not Flush’; 

12 and 

13 ‘‘(B) in high contrast font and color, a ‘Do 

14 Not Flush’ moniker and symbol that is other15 wise in accordance with the voluntary guidelines 

16 for labeling practices of the nonwoven fabrics 

17 industry contained in the Code of Practice of 

18 the Association of the Nonwoven Fabrics Indus19 try and the European Disposables and 

20 Nonwovens Association, entitled ‘Commu21 nicating Appropriate Disposal Pathways for 

22 Nonwoven Wipes to Protect Wastewater Sys23 tems’, second edition, as published in April 

24 2017; 


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1 ‘‘(2) in the case of a wet wipe product sold in 

2 the United States that is capable of being, or in3 tended to be, disposed of in a sewer or septic system 

4 the label may include the statement ‘flushable’, 

5 ‘sewer and septic safe’, or other statement that the 

6 product is intended to be disposed of in a sewer or 

7 septic system if the product— 

8 ‘‘(A) meets the performance standards for 

9 dispersibility in a sewer system or septic system 

10 established by the International Water Services 

11 Flushability Group (as in effect on the date of 

12 enactment of this subtitle); and 

13 ‘‘(B) does not contain chemicals or addi14 tives harmful to the public wastewater infra15 structure; and 

16 ‘‘(3) in the case of a wet wipe product that is 

17 composed of plastic or other synthetic material, in18 cluding regenerated cellulosic fibers— 

19 ‘‘(A) the label, marketing claims, or other 

20 advertisements for the product may not identify 

21 the product as ‘flushable’, ‘sewer and septic 

22 safe’, or otherwise intended to be disposed of in 

23 a sewer or septic system; and 


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1 ‘‘(B) the label shall clearly and conspicu2 ously state that the product contains plastic or 

3 other synthetic material. 

4 ‘‘SEC. 12005. RECYCLING AND COMPOSTING RECEPTACLE 

5 LABELING. 

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

7 ‘‘(1) PUBLIC SPACE.—The term ‘public space’ 

8 means a business, an airport, a school, a stadium, 

9 a government office, a park, and any other public 

10 space, as determined by the Administrator. 

11 ‘‘(2) RECYCLING OR COMPOSTING RECEP12 TACLE.—The term ‘recycling or composting recep13 tacle’ means a recycling or composting bin, cart, or 

14 dumpster. 

15 ‘‘(3) RESIDENTIAL RECYCLING AND

16 COMPOSTING PROGRAM.—The term ‘residential recy17 cling and composting program’ means a recycling 

18 and composting program that services single family 

19 dwellings, multifamily dwellings or facilities, or both. 

20 ‘‘(b) IN GENERAL.—The Administrator shall develop 

21 and publish guidelines for a national standardized labeling 

22 system for recycling and composting receptacles that use 

23 a methodology that is consistent throughout the United 

24 States to assist members of the public in properly recy25 cling and composting. Labels shall— 


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1 ‘‘(1) use a national standardized methodology 

2 of colors, images, format, and terminology, including 

3 to address diverse ethnic populations; 

4 ‘‘(2) be placed on recycling and composting re5 ceptacles in public spaces; and 

6 ‘‘(3) communicate to users of those recycling 

7 and composting receptacles— 

8 ‘‘(A) the specific recyclables and 

9 compostables accepted locally; and 

10 ‘‘(B) the specific rules of sorting for local 

11 recycling and composting systems. 

12 ‘‘(c) DEVELOPMENT OF LABELS.— 

13 ‘‘(1) IN GENERAL.—Manufacturers in the 

14 United States shall, in accordance with the guide15 lines published under subsection (b), work with 

16 State and local governments, as applicable, to use 

17 the national standardized labeling system to develop 

18 labels for use on recycling and composting recep19 tacles in public spaces. 

20 ‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de21 veloping labels under paragraph (1), manufacturers 

22 shall develop— 

23 ‘‘(A) a simple version of the label for use 

24 on recycling and composting receptacles used in 

25 public spaces, which shall communicate general 


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1 guidance on local recycling and composting re2 quirements; and 

3 ‘‘(B) a detailed version of the label for use 

4 on recycling and composting receptacles used as 

5 part of a residential recycling and composting 

6 program, taking into consideration the com7 plexity of the packaging and products disposed 

8 of by single family dwellings and multifamily 

9 dwellings and facilities. 

10 ‘‘(d) DISTRIBUTION OF LABELS.— 

11 ‘‘(1) SIMPLE VERSION.— 

12 ‘‘(A) IN GENERAL.—Manufacturers and, 

13 as applicable, distributors shall work with State 

14 and local governments, as applicable, to dis15 tribute the simple version of the label developed 

16 under subsection (c)(2)(A) to each customer 

17 that owns or operates a public space within the 

18 jurisdiction of the relevant State or local gov19 ernment. 

20 ‘‘(B) QUANTITY.—The quantity of labels 

21 distributed to an owner or operator of a public 

22 space under subparagraph (A) shall be reason23 ably sufficient to ensure that a label may be 

24 placed on each recycling and composting recep25 tacle in that public space. 


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1 ‘‘(C) ADDITIONAL LABELS.—If the quan2 tity of labels distributed under subparagraph 

3 (B) is insufficient, manufacturers and, as appli4 cable, distributors shall make available to own5 ers and operators described in subparagraph 

6 (A) additional labels to purchase or download. 

7 ‘‘(D) REQUIREMENT OF OWNERS AND OP8 ERATORS.—An owner or operator of a public 

9 space that receives labels under subparagraph 

10 (A) shall display the labels on the recycling and 

11 composting receptacles in that public space. 

12 ‘‘(2) DETAILED VERSION.—An owner or oper13 ator, including any municipal or private entity, that 

14 services a residential recycling and composting pro15 gram shall display a detailed standardized label de16 veloped under subsection (c)(2)(B) on each recycling 

17 and composting receptacle used by the residential re18 cycling and composting program. 

19 ‘‘(e) GROUPS.—Manufacturers and, as applicable, 

20 distributors may form organizations to act on their behalf 

21 to comply with subsections (c) and (d). 

22 ‘‘SEC. 12006. RECYCLING AND COMPOSTING COLLECTION. 

23 ‘‘The Administrator, in consultation with manufac24 turers, distributors, State and local governments, and af25 fected stakeholders, shall issue guidance to standardize— 


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1 ‘‘(1) recycling and composting collection across 

2 communities and States; and 

3 ‘‘(2) reporting to the Administrator of rates of 

4 recycling, composting, and other forms of waste 

5 management across communities and States. 

6 ‘‘SEC. 12007. PROTECTION OF LOCAL GOVERNMENTS. 

7 ‘‘Nothing in this subtitle preempts any State or local 

8 law in effect on or after the date of enactment of this sub9 title that— 

10 ‘‘(1) requires beverage containers or other cov11 ered products to be made of a greater percentage of 

12 post-consumer recycled content than required under 

13 section 12002; or 

14 ‘‘(2) in any other way exceeds the requirements 

15 of this subtitle. 

16 ‘‘SEC. 12008. ANNUAL ASSESSMENT OF PLASTIC WASTE. 

17 ‘‘(a) IN GENERAL.—The Administrator shall conduct 

18 an annual study on the origins, quantity, and composition 

19 of plastic waste in the municipal solid waste system. 

20 ‘‘(b) CONTENTS.—In carrying out subsection (a), the 

21 Administrator shall assess— 

22 ‘‘(1) the primary origins of plastic waste that 

23 enters the municipal solid waste system, including 

24 from residential, commercial, or other sources; 


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1 ‘‘(2) the quantity of plastic waste that enters 

2 the municipal solid waste system, including by prod3 uct category; 

4 ‘‘(3) the quantity of plastic waste recycled, 

5 composted, combusted with or without energy recov6 ery, or landfilled, including by product category; and 

7 ‘‘(4) any other relevant metrics that the Admin8 istrator determines to be appropriate. 

9 ‘‘(c) CONSULTATION.—The Administrator may con10 sult with relevant stakeholders in conducting the study 

11 under this section, including representatives of— 

12 ‘‘(1) public and private sector recycling, 

13 composting, and solid waste management industries, 

14 including collection providers; 

15 ‘‘(2) recyclers, composters, collection providers, 

16 and other solid waste management industries; 

17 ‘‘(3) industry groups or associations; 

18 ‘‘(4) any other relevant stakeholder group in19 volved in the management, transport, or disposal of 

20 plastic waste that the Administrator determines to 

21 be appropriate. 

22 ‘‘(d) REPORT.—Not later than 1 year after the date 

23 of enactment of this subtitle, and annually thereafter, the 

24 Administrator shall submit to Congress, and make pub25 licly available on the website of the Environmental ProtecVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 tion Agency, a report containing the results of the annual 

2 study conducted under this section. 

3 ‘‘Subtitle L—Beverage Container 

4 Collection 

5 ‘‘SEC. 13001. DEFINITIONS. 

6 ‘‘In this subtitle: 

7 ‘‘(1) AREA.—When used in the context of space 

8 occupied by a retailer, the term ‘area’ means— 

9 ‘‘(A) the number of square feet of the 

10 building or portion of the building leased or 

11 owned by the retailer; and 

12 ‘‘(B) only includes retail space if— 

13 ‘‘(i) the retail space is less than 5,000 

14 square feet; 

15 ‘‘(ii) the retail space occupies less 

16 than 50 percent of the leased or owned 

17 space where retail operations are located; 

18 and 

19 ‘‘(iii) the nonretail space is used in 

20 whole or in part for the manufacturing of 

21 beverages. 

22 ‘‘(2) BEVERAGE.—The term ‘beverage’ has the 

23 meaning given that term in section 12001. 


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1 ‘‘(3) BEVERAGE CONTAINER.—The term ‘bev2 erage container’ has the meaning given that term in 

3 section 12001. 

4 ‘‘(4) BEVERAGE DISTRIBUTOR.—The term ‘bev5 erage distributor’ means an entity that engages in 

6 the sale of a beverage in a beverage container to a 

7 retailer, including any manufacturer who engages in 

8 such sale. 

9 ‘‘(5) BEVERAGE IMPORTER.—The term ‘bev10 erage importer’ means any retailer or manufacturer 

11 who directly imports a beverage in a beverage con12 tainer into the United States. 

13 ‘‘(6) BEVERAGE MANUFACTURER.—The term 

14 ‘beverage manufacturer’ means an entity bottling, 

15 canning, or otherwise filling a beverage container for 

16 sale to a distributor, importer, or retailer. 

17 ‘‘(7) BEVERAGE RETAILER.—The term ‘bev18 erage retailer’ means an entity that— 

19 ‘‘(A) engages in the sale of a beverage in 

20 a beverage container to a consumer; 

21 ‘‘(B) provides a beverage in a beverage 

22 container to another entity in commerce, includ23 ing provision free of charge, such as at a work24 place or event; or 


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1 ‘‘(C) is an owner or operator of a vending 

2 machine or similar means who engages in the 

3 sale or provision described in (A) or (B) 

4 through such vending machine or similar 

5 means. 

6 ‘‘(8) CATEGORY OF BEVERAGE.—The term ‘cat7 egory of beverage’ means one of the following cat8 egories of beverage in a beverage container: 

9 ‘‘(A) Water. 

10 ‘‘(B) Carbonated soft drinks. 

11 ‘‘(C) All other non-alcoholic beverages (ex12 cluding infant formula, liquid meal replace13 ments, and any other product excluded from the 

14 definition of a beverage). 

15 ‘‘(D) Alcoholic beverages. 

16 ‘‘(E) Beverages containing marijuana or 

17 hemp. 

18 ‘‘(9) CONVENIENCE ZONE.—The term ‘conven19 ience zone’ means a convenience zone specified by 

20 the Administrator under section 13002(e)(1)(A). 

21 ‘‘(10) RECOVERY RATE.—The term ‘recovery 

22 rate’ means the quantity of beverage containers col23 lected divided by the quantity of beverage containers 

24 produced, expressed as a percentage. 


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1 ‘‘(11) REDEMPTION CENTER.—The term ‘re2 demption center’ means a redemption center de3 scribed in section 13002(d). 

4 ‘‘(12) RETURN RATE.—The term ‘return rate’ 

5 means the number of beverage containers returned 

6 for the refund value in accordance with section 

7 13003(e) during a calendar year and the number of 

8 beverage containers that carry a refund value sold 

9 during that calendar year, calculated separately. 

10 ‘‘SEC. 13002. BEVERAGE CONTAINER RECOVERY PRO11 GRAMS. 

12 ‘‘(a) IN GENERAL.—Subject to subsection (b), not 

13 later than 5 years after the date of enactment of this sub14 title— 

15 ‘‘(1) every beverage container sold or offered 

16 for sale by a retailer shall clearly indicate by em17 bossing, a stamp, a label, or other method securely 

18 affixed to the beverage container, the refund value 

19 of the container; 

20 ‘‘(2) each retailer shall pay distributors the re21 fund value for each beverage container delivered; 

22 ‘‘(3) on the sale of each beverage container by 

23 a retailer, the retailer may collect a refund value in 

24 accordance with section 13003(e); 


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1 ‘‘(4) on return of the beverage container to a 

2 retailer or a redemption center by a person, the re3 tailer or redemption center, as applicable, shall 

4 repay a refund value to the person; 

5 ‘‘(5) retailers that are participating in a re6 demption center in accordance with subsection (d) 

7 shall collectively pay not less than 50 percent of the 

8 cost of operating the redemption center, which 

9 amount shall be apportioned among the retailers 

10 based on the total volume of beverage containers 

11 sold by each retailer; 

12 ‘‘(6) a distributor that is a member of a dis13 tributor cooperative under subsection (c) shall re14 trieve containers from retailers or redemption cen15 ters and pay refunds through the distributor cooper16 ative in accordance with that subsection; 

17 ‘‘(7) a distributor that is not a member of a 

18 distributor cooperative under subsection (c) shall— 

19 ‘‘(A) in a timely manner and consistent 

20 with commercial best practices, collect beverage 

21 containers that— 

22 ‘‘(i) the distributor distributes to a re23 tailer; and 


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1 ‘‘(ii) the retailer or an applicable re2 demption center has collected from con3 sumers; and 

4 ‘‘(B) on receipt of each beverage container 

5 under subparagraph (A), pay the retailer or the 

6 redemption center, as applicable, the refund 

7 value; and 

8 ‘‘(8) by June 1 of each calendar year, a dis9 tributor or importer shall provide to the Adminis10 trator a report that lists the beverage container re11 turn data for the previous calendar year of the dis12 tributor or importer, calculated separately for glass, 

13 metal, and plastic beverage containers. 

14 ‘‘(b) EXCEPTION FOR STATES WITH EXISTING PRO15 GRAMS.— 

16 ‘‘(1) IN GENERAL.—A State that has in effect 

17 a beverage container recovery program the require18 ments of which are substantially similar to, or more 

19 stringent than, the requirements of this section may 

20 submit to the Administrator a request to waive the 

21 applicability of this section in that State. 

22 ‘‘(2) REQUIREMENT.—The Administrator may 

23 approve a waiver under paragraph (1) if the State 

24 demonstrates that the beverage container recovery 


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1 rate for the program in that State is more than 75 

2 percent. 

3 ‘‘(c) DISTRIBUTOR COOPERATIVES.— 

4 ‘‘(1) IN GENERAL.—The Administrator may ap5 prove the formation of a distributor cooperative by 

6 2 or more distributors or importers for the purposes 

7 of— 

8 ‘‘(A) collecting the refund value of bev9 erage containers specified from distributors or 

10 importers and refunding to retailers the amount 

11 the retailers paid for the refund value of empty 

12 beverage containers; 

13 ‘‘(B) paying the refund value for beverage 

14 containers redeemed; and 

15 ‘‘(C) processing beverage containers. 

16 ‘‘(2) APPLICATIONS.— 

17 ‘‘(A) IN GENERAL.—Applications to be18 come a distributor cooperative described in 

19 paragraph (1) shall be submitted to the Admin20 istrator. 

21 ‘‘(B) CONTENTS.—An application under 

22 subparagraph (A) shall include— 

23 ‘‘(i) evidence of consultation with 

24 stakeholders prior to submitting the appli25 cation for approval; 


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1 ‘‘(ii) assurances that— 

2 ‘‘(I) the distributor cooperative 

3 will provide an opportunity for stake4 holder input in the implementation 

5 and operation of the activities de6 scribed in paragraph (1); 

7 ‘‘(II) distributors will pay the 

8 costs of collecting and managing bev9 erage containers; 

10 ‘‘(III) reasonable and free con11 sumer access to collection facilities or 

12 collection services will be provided; 

13 ‘‘(IV) the distributor cooperative 

14 will make consumers aware of— 

15 ‘‘(aa) the activities described 

16 in paragraph (1); 

17 ‘‘(bb) the location of collec18 tion facilities or the availability 

19 of collection services; and 

20 ‘‘(cc) how to manage bev21 erage containers in a safe man22 ner; 

23 ‘‘(V) the distributor cooperative 

24 will have the ability to track the re25 turn rate, the management of costs 


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1 incurred by the program, and the 

2 management of environmental impacts 

3 of the program; and 

4 ‘‘(VI) the distributor cooperative 

5 will have a dispute resolution proce6 dure for disputes that arise during 

7 implementation of the activities under 

8 paragraph (1); and 

9 ‘‘(iii) such other information as the 

10 Administrator may require. 

11 ‘‘(3) CONSIDERATIONS.—In deciding whether to 

12 approve an application under paragraph (2), the Ad13 ministrator may consider any of the following: 

14 ‘‘(A) The population and geographical area 

15 of the markets in which the distributor coopera16 tive operates. 

17 ‘‘(B) The quantity of beverage containers 

18 that distributors expect will be used in a com19 mercial enterprise, sold, offered for sale, or dis20 tributed each year. 

21 ‘‘(C) The quantity of beverage containers 

22 that the distributor cooperative expects to col23 lect each year. 


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1 ‘‘(D) The size of the population intended 

2 to be served by collection facilities or collection 

3 services of the distributor cooperative. 

4 ‘‘(E) The provision of convenient options 

5 for the collection of beverage containers in 

6 urban centers and small, isolated communities, 

7 and for persons with disabilities or who have no 

8 access to transportation. 

9 ‘‘(F) The manner, kind, and quantity of 

10 advertising and consumer education planned by 

11 the distributor to inform consumers of— 

12 ‘‘(i) the location and operation of col13 lection facilities; 

14 ‘‘(ii) the availability of collection serv15 ices; and 

16 ‘‘(iii) the environmental and economic 

17 benefits of participating in the activities 

18 under paragraph (1). 

19 ‘‘(G) The methods of beverage container 

20 collection, storage, transportation, and manage21 ment. 

22 ‘‘(H) Distributor cooperatives in the same 

23 geographical area. 


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1 ‘‘(I) The structure of financial and oper2 ational cooperation with 2 or more distributors 

3 or importers. 

4 ‘‘(4) REQUIREMENTS.—A distributor coopera5 tive under paragraph (1) shall— 

6 ‘‘(A) outline a plan to achieve, or to be ca7 pable of achieving by a reasonable date, which 

8 shall be not later than 2 years after the date of 

9 enactment of this subtitle— 

10 ‘‘(i) a 75 percent recovery rate or any 

11 performance measures, performance re12 quirements, or targets established by the 

13 Administrator; and 

14 ‘‘(ii) any performance measures, per15 formance requirements, or targets in the 

16 plan; and 

17 ‘‘(B) submit the plan described in subpara18 graph (A) and such additional documentation 

19 as the Administrator determines to be necessary 

20 with each report provided to the Administrator 

21 under paragraph (9). 

22 ‘‘(5) COMPLIANCE.— 

23 ‘‘(A) IN GENERAL.—Not later than 2 years 

24 after the date of enactment of this subtitle, 

25 each distributor and distributor cooperative 


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1 shall achieve the applicable target recovery 

2 rates established under paragraph (4)(A)(i). 

3 ‘‘(B) NONCOMPLIANCE.—If a distributor 

4 or distributor cooperative does not achieve an 

5 applicable target recovery rate in accordance 

6 with subparagraph (A), the distributor or dis7 tributor cooperative shall— 

8 ‘‘(i) submit to the Administrator a 

9 plan to achieve the applicable target recov10 ery rate; and 

11 ‘‘(ii) forfeit to the Administrator the 

12 amount of any unredeemed beverage con13 tainer deposits received by the distributor 

14 or distributor cooperative. 

15 ‘‘(C) USE OF FORFEITED AMOUNTS.—The 

16 Administrator shall use amounts forfeited under 

17 subparagraph (B)(ii) for marketing and out18 reach relating to the program under this sub19 title. 

20 ‘‘(6) MULTIPLE ORGANIZATIONS.—A distributor 

21 may participate in more than 1 distributor coopera22 tive only if each distributor cooperative is established 

23 for a different category of beverage containers or ge24 ographic area. 

25 ‘‘(7) PARTICIPATION FEES.— 


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1 ‘‘(A) IN GENERAL.—A distributor coopera2 tive may charge each distributor fees for mem3 bership that include, with respect to a dis4 tributor, the costs of collecting or cleaning up 

5 the beverage containers of the distributor. 

6 ‘‘(B) CONSIDERATIONS.—In determining 

7 the costs of collection and cleanup described in 

8 subparagraph (A), the distributor cooperative 

9 shall take into account— 

10 ‘‘(i) the cost to properly manage the 

11 applicable category of beverage container 

12 waste; and 

13 ‘‘(ii) the environmental benefits of 

14 beverage containers that— 

15 ‘‘(I) are specifically designed to 

16 be reusable or refillable; and 

17 ‘‘(II) have a high reuse or refill 

18 rate. 

19 ‘‘(8) REVOCATION.—The Administrator may re20 voke the approval of a distributor cooperative for 

21 continued or persistent noncompliance with the re22 quirements of this subtitle. 

23 ‘‘(9) REPORTS.—Not later than July 1 of each 

24 calendar year, a distributor cooperative shall provide 

25 to the Administrator a report that lists, in aggregate 


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1 form for all distributors and importers that partici2 pate in the distributor cooperative, the fee structure, 

3 and the beverage container return data for the pre4 vious calendar year, calculated separately for glass, 

5 metal, and plastic beverage containers. 

6 ‘‘(d) REDEMPTION CENTERS.— 

7 ‘‘(1) IN GENERAL.—The Administrator shall 

8 approve a redemption center if the Administrator de9 termines that the redemption center will provide a 

10 convenient service to consumers for the return of 

11 empty beverage containers. 

12 ‘‘(2) REQUIREMENTS.—A redemption center 

13 shall— 

14 ‘‘(A) be staffed and open— 

15 ‘‘(i) each day; and 

16 ‘‘(ii) not less than 10 hours each day; 

17 ‘‘(B) accept— 

18 ‘‘(i) any beverage container; and 

19 ‘‘(ii) not less than 350 beverage con20 tainers per person per day; 

21 ‘‘(C) provide— 

22 ‘‘(i) hand counts by staff of the facil23 ity; 

24 ‘‘(ii) a drop door for consumers who 

25 are bottle drop account holders to drop off 


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1 bags of beverage containers for staff of the 

2 facility to count for a fee; or 

3 ‘‘(iii) any other convenient means of 

4 receiving beverage containers, as deter5 mined by the Administrator; and 

6 ‘‘(D) be sited in a conveniently accessible 

7 commercial zone, unless the Administrator de8 termines that another location provides sub9 stantially equivalent service for consumers. 

10 ‘‘(3) FACTORS.—In determining whether to ap11 prove a redemption center under paragraph (1), the 

12 Administrator shall consider— 

13 ‘‘(A)(i) the location of the redemption cen14 ter; and 

15 ‘‘(ii) if the redemption center is not located 

16 in a commercial zone, whether the location will 

17 have similar return convenience for consumers 

18 as a commercial zone location; 

19 ‘‘(B) the category of beverage containers 

20 accepted at the redemption center; 

21 ‘‘(C) retailers occupying 5,000 or more 

22 square feet within a redemption center zone 

23 that will be served by the redemption center 

24 and the distance of the retailers from the re25 demption center; 


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1 ‘‘(D) retailers occupying 5,000 or more 

2 square feet within a redemption center zone 

3 that will not be served by the redemption center 

4 and the distance of the retailers from the re5 demption center; 

6 ‘‘(E) days and hours of operation of the 

7 redemption center; 

8 ‘‘(F) parking facilities serving the redemp9 tion center; 

10 ‘‘(G) evidence showing that the redemption 

11 center meets all applicable local ordinances and 

12 zoning requirements; 

13 ‘‘(H) the limitation, if any, on the number 

14 of beverage containers per person per day that 

15 the redemption center will accept; 

16 ‘‘(I) 1 or more payment methods offered 

17 by the redemption center for redeemed beverage 

18 containers; 

19 ‘‘(J) the projected volume of beverage con20 tainer returns at the redemption center as com21 pared to the actual returns at the retailers to 

22 be served by the redemption center; 

23 ‘‘(K) a description of how consumers will 

24 be notified of the location, services, and service 

25 hours of the redemption center; and 


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1 ‘‘(L) any other relevant factor that the Ad2 ministrator determines to be fundamental to 

3 the operation of a redemption center. 

4 ‘‘(4) APPLICATIONS.— 

5 ‘‘(A) IN GENERAL.—Any person desiring 

6 approval of a redemption center shall submit an 

7 application to the Administrator. 

8 ‘‘(B) CONTENTS.—An application under 

9 subparagraph (A) shall include— 

10 ‘‘(i) the name and address of each 

11 person to be responsible for the establish12 ment and operation of the redemption cen13 ter; 

14 ‘‘(ii) the exact location and mailing 

15 address of the redemption center; 

16 ‘‘(iii) the category of beverage con17 tainers that will be accepted at the re18 demption center; 

19 ‘‘(iv) the names and addresses of the 

20 retailers occupying 5,000 or more square 

21 feet within a redemption center zone that 

22 will be served by the redemption center; 

23 ‘‘(v) the names and addresses of the 

24 retailers occupying 5,000 or more square 

25 feet within a redemption center zone that 


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1 will not be served by the redemption cen2 ter; 

3 ‘‘(vi) the distances from the redemp4 tion center to the retailers occupying 5,000 

5 or more square feet within a redemption 

6 center zone that will be served; 

7 ‘‘(vii) the distances from the redemp8 tion center to retailers occupying 5,000 or 

9 more square feet within a redemption cen10 ter zone that will not be served; 

11 ‘‘(viii) the days and hours of operation 

12 of the redemption center; 

13 ‘‘(ix) a description of parking facilities 

14 to serve the redemption center; 

15 ‘‘(x) evidence showing that a redemp16 tion center meets the zoning requirements 

17 and other applicable State and local ordi18 nances of the regulating jurisdiction; 

19 ‘‘(xi) the limitation, if any, on the 

20 number of beverage containers per person 

21 per day that will be accepted at the re22 demption center; 

23 ‘‘(xii) the 1 or more payment methods 

24 for redeemed beverage containers; 


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1 ‘‘(xiii) the projected volume of bev2 erage container returns at the redemption 

3 center as compared to the actual returns 

4 at the retailers to be served by the redemp5 tion center; 

6 ‘‘(xiv) a description of how consumers 

7 will be notified of the location, services, 

8 and service hours of the redemption center; 

9 and 

10 ‘‘(xv) such additional information as 

11 the Administrator may require. 

12 ‘‘(5) ANNUAL REGISTRATION.— 

13 ‘‘(A) IN GENERAL.—The 1 or more per14 sons responsible for the operation of a redemp15 tion center approved by the Administrator 

16 under paragraph (1) shall register the redemp17 tion center with the Administrator and pay the 

18 fee determined by the Administrator not later 

19 than July 1 of each calendar year, which reg20 istration shall be in effect for the next calendar 

21 year. 

22 ‘‘(B) CONTENTS.—A registration under 

23 subparagraph (A)— 

24 ‘‘(i) shall be on a form provided by 

25 the Administrator; and 


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1 ‘‘(ii) shall contain, at a minimum— 

2 ‘‘(I) a list and exact address of 

3 each redemption center that the per4 son is responsible for operating during 

5 the next calendar year; 

6 ‘‘(II) the fee for each redemption 

7 center that the person is responsible 

8 for operating during the next calendar 

9 year; and 

10 ‘‘(III) such additional informa11 tion as may be required by the Ad12 ministrator. 

13 ‘‘(C) WITHDRAWAL OF APPROVAL.— 

14 ‘‘(i) IN GENERAL.—The Administrator 

15 shall withdraw approval of a redemption 

16 center if a person responsible for operating 

17 the redemption center fails to submit the 

18 required information or pay the required 

19 fee by July 1 of each calendar year in ac20 cordance with subparagraph (A). 

21 ‘‘(ii) CESSATION OF OPERATIONS.— 

22 On withdraw of approval of a redemption 

23 center under clause (i), the redemption 

24 center shall cease all operations until the 

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1 demption center submits the required in2 formation or required fee to the Adminis3 trator. 

4 ‘‘(6) STANDARDS OF CLEANLINESS FOR RE5 DEMPTION CENTERS.—All persons responsible for 

6 the establishment and operation of the redemption 

7 center shall at all times use commercially reasonable 

8 practices to keep the redemption center premises, in9 cluding the parking facilities serving the redemption 

10 center, in accordance with applicable law, in good re11 pair, painted, clean, well-lighted, free of litter and 

12 trash, and free of rodents, vermin, infestations of in13 sects, and their harborages or breeding places. 

14 ‘‘(e) RETAILERS WITHIN CONVENIENCE ZONES.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) IN GENERAL.—For each redemption 

17 center, the Administrator shall specify not less 

18 than 1 and not more than 2 convenience zones. 

19 ‘‘(B) DETERMINATION.—The area of each 

20 convenience zone shall be an area surrounding 

21 the redemption center that is based, to the 

22 maximum extent practicable, on the proposal 

23 submitted as part of an application for approval 

24 of a redemption center under subsection (d)(1). 


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1 ‘‘(C) GUIDELINES.—The Administrator 

2 shall establish guidelines for determining the 

3 surface area sizes of convenience zones. 

4 ‘‘(D) LOCATION.—If the Administrator 

5 specifies a second convenience zone for a re6 demption center under subparagraph (A), any 

7 point along the interior border of the second 

8 convenience zone shall be not closer to the re9 demption center than the exterior border of the 

10 first convenience zone. 

11 ‘‘(2) ELIGIBILITY.—Any retailer doing business 

12 within a convenience zone that occupies a space of 

13 not less than 5,000 square feet in a single area may 

14 participate in, be served by, and be charged the cost 

15 of participation in the redemption center in accord16 ance with subsection (a)(5). 

17 ‘‘(3) PARTICIPATING RETAILERS.— 

18 ‘‘(A) FIRST CONVENIENCE ZONE.—A re19 tailer described in paragraph (2) within the 

20 first convenience zone that participates in, is 

21 served by, and pays the cost of participation in 

22 the redemption center may refuse to accept and 

23 to pay the refund value of empty beverage con24 tainers. 


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1 ‘‘(B) SECOND CONVENIENCE ZONE.—A re2 tailer described in paragraph (2) within the sec3 ond convenience zone, if any, that participates 

4 in, is served by, and pays the cost of participa5 tion in the redemption center may refuse to ac6 cept and to pay the refund value of more than 

7 24 individual empty beverage containers re8 turned by any 1 person during any 1 day. 

9 ‘‘(4) SMALL RETAILERS.—Any retailer doing 

10 business within a convenience zone that occupies a 

11 space of less than 5,000 square feet in a single area 

12 may refuse to accept and to pay the refund value of 

13 more than 24 individual empty beverage containers 

14 returned by any 1 person during any 1 day. 

15 ‘‘(5) NONPARTICIPATING RETAILERS.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), any retailer doing business 

18 within a convenience zone that occupies a space 

19 of not less than 5,000 square feet in a single 

20 area and does not participate in and is not 

21 served by a redemption center— 

22 ‘‘(i) may refuse to accept and to pay 

23 the refund value of more than 350 indi24 vidual empty beverage containers returned 

25 by any 1 person during any 1 day; and 


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1 ‘‘(ii) shall, beginning on the date on 

2 which the redemption center begins accept3 ing beverage containers— 

4 ‘‘(I) provide services equivalent to 

5 the services provided by the redemp6 tion center, including hand counting 

7 and drop off service; 

8 ‘‘(II) post in each area where 

9 beverage containers are received a 

10 clearly visible and legible sign that 

11 contains the list of services that shall 

12 be provided by the retailer under this 

13 subparagraph; and 

14 ‘‘(III) provide not less than the 

15 greater of— 

16 ‘‘(aa) 2 automated reverse 

17 vending machines capable of 

18 processing metal, plastic, and 

19 glass beverage containers; and 

20 ‘‘(bb) 1 automated reverse 

21 vending machine described in 

22 item (aa) for each 500,000 bev23 erage containers sold by the re24 tailer in the previous calendar 

25 year. 


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1 ‘‘(B) EXCEPTION.— 

2 ‘‘(i) IN GENERAL.—Subject to clause 

3 (ii), subparagraph (A) shall not apply to a 

4 retailer described in that subparagraph 

5 that sold fewer than 100,000 beverage con6 tainers during the previous calendar year. 

7 ‘‘(ii) SUBMISSION.—To be eligible for 

8 an exemption under clause (i), a retailer 

9 shall submit to the Administrator an appli10 cation describing the number of beverage 

11 containers sold by the retailer during the 

12 previous calendar year. 

13 ‘‘SEC. 13003. ACCEPTANCE AND RETRIEVAL REQUIRE14 MENTS. 

15 ‘‘(a) IN GENERAL.—Except as provided in subsection 

16 (c)— 

17 ‘‘(1) a retailer or redemption center may not— 

18 ‘‘(A) refuse to accept from any person any 

19 beverage container described in subsection (b); 

20 or 

21 ‘‘(B) refuse to pay in cash the refund value 

22 of a returned beverage container; and 

23 ‘‘(2) a distributor may not refuse to retrieve 

24 from a retailer or redemption center any beverage 

25 container that— 


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1 ‘‘(A) has been returned to the retailer or 

2 redemption center in accordance with this sub3 title; and 

4 ‘‘(B) is of the category of beverage con5 tainer, brand of beverage container, and size of 

6 beverage container distributed by the dis7 tributor. 

8 ‘‘(b) BEVERAGE CONTAINER REQUIREMENTS.—To 

9 be eligible for a refund under this subtitle, a beverage con10 tainer— 

11 ‘‘(1) in the case of a refund provided by a re12 tailer, shall be the category of beverage sold by the 

13 retailer; and 

14 ‘‘(2) shall not— 

15 ‘‘(A) visibly contain or be contaminated by 

16 a substance other than water, residue of the 

17 original contents, or ordinary dust; or 

18 ‘‘(B) be damaged to the extent that the 

19 brand appearing on the container cannot be 

20 identified. 

21 ‘‘(c) REFUSAL.— 

22 ‘‘(1) IN GENERAL.—A retailer or redemption 

23 center may refuse to accept from a person a bev24 erage container if— 


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1 ‘‘(A) the retailer or redemption center has 

2 reasonable grounds to believe that— 

3 ‘‘(i) the beverage container was ob4 tained from or through a distributor with5 out paying the refund value; or 

6 ‘‘(ii) the beverage container has al7 ready been redeemed, such as through a 

8 reverse vending process; or 

9 ‘‘(B) in the case of a retailer that is not 

10 within a convenience zone— 

11 ‘‘(i) the beverage container exceeds an 

12 applicable limitation described in para13 graph (2); and 

14 ‘‘(ii) the retailer posts a clearly visible 

15 and legible sign describing the applicable 

16 limitation described in paragraph (2). 

17 ‘‘(2) LIMITATIONS.—A retailer described in 

18 paragraph (1)(B) may refuse to accept under that 

19 paragraph— 

20 ‘‘(A) more than 144 individual beverage 

21 containers returned by any 1 person during any 

22 1 day, if the retailer occupies a space of 5,000 

23 or more square feet in a single area; 

24 ‘‘(B) more than 50 individual beverage 

25 containers returned by any 1 person during any 


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1 1 day, if the retailer occupies a space of less 

2 than 5,000 square feet in a single area; or 

3 ‘‘(C) a beverage container if the retailer 

4 has not offered that category of beverage con5 tainer for sale within the 180-day period pre6 ceding the attempted return. 

7 ‘‘(d) NOTICE.—Any requirements established under 

8 subsections (b) and (c) shall be posted in each area where 

9 beverage containers are received on a clearly visible and 

10 legible sign. 

11 ‘‘(e) REFUND VALUE.—The refund value for a bev12 erage container shall be not less than 10 cents for each 

13 beverage container. 

14 ‘‘SEC. 13004. ADMINISTRATION. 

15 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

16 that— 

17 ‘‘(1) consumers are able to return redeemable 

18 beverage containers to retailers or redemption cen19 ters; and 

20 ‘‘(2) redemption centers and retailers are able 

21 to return beverage containers to distributors and 

22 distributor cooperatives. 

23 ‘‘(b) REGULATIONS.— 

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

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1 ministrator shall promulgate regulations to carry out 

2 this subtitle. 

3 ‘‘(2) REVIEW REQUIRED.—In promulgating or 

4 revising regulations pursuant to paragraph (1), the 

5 Administrator shall— 

6 ‘‘(A) review the minimum refund value es7 tablished under section 13003(e) not less fre8 quently than once every 5 years; and 

9 ‘‘(B) revise that value as the Administrator 

10 determines to be appropriate. 

11 ‘‘(c) ACCOUNTING.— 

12 ‘‘(1) IN GENERAL.—Not later than August 1 of 

13 each calendar year, using the beverage container re14 turn data provided in section 13002(a)(8), the Ad15 ministrator shall— 

16 ‘‘(A) calculate for the previous calendar 

17 year the percentage of beverage containers re18 turned for the refund value specified by mate19 rial type; and 

20 ‘‘(B) post the percentages on the website 

21 of the Environmental Protection Agency. 

22 ‘‘(2) REQUIREMENTS.—The Administrator shall 

23 calculate return data under paragraph (1)— 

24 ‘‘(A) for each distributor cooperative; 


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1 ‘‘(B) for each distributor or importer that 

2 does not participate in a distributor cooperative; 

3 and 

4 ‘‘(C) for all distributors and importers. 

5 ‘‘(d) NONDISCLOSURE.— 

6 ‘‘(1) IN GENERAL.—Except for the percentages 

7 described in subsection (c), in a proceeding for a vio8 lation of subsection (f), or as provided in paragraph 

9 (2), the Administrator may not disclose any informa10 tion provided by a distributor, an importer, or a dis11 tributor cooperative under section 13002(a)(8). 

12 ‘‘(2) EXCEPTION.—The Administrator may re13 lease aggregate data of information described in 

14 paragraph (1) in such a manner that does not reveal 

15 the sales of any individual distributor. 

16 ‘‘(e) AUDIT.— 

17 ‘‘(1) IN GENERAL.—Not later than 180 days 

18 after the date on which the Administrator receives a 

19 report required under section 13002(a)(8), the Ad20 ministrator may review or audit the records of, as 

21 applicable, each reporting distributor cooperative or 

22 each reporting distributor or importer that does not 

23 participate in a distributor cooperative. 

24 ‘‘(2) INDEPENDENT AUDIT.—If in the course of 

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1 trator determines that an audit of a distributor co2 operative, distributor, or importer is necessary, the 

3 Administrator shall require the distributor coopera4 tive, distributor, or importer to retain an inde5 pendent financial audit firm to determine the accu6 racy of information contained in the report required 

7 under section 13002(a)(8). 

8 ‘‘(3) COSTS.—The distributor cooperative, dis9 tributor, or importer that is the subject of review 

10 under this subsection shall pay the costs of an audit 

11 under paragraph (2). 

12 ‘‘(4) LIMITATION.—An audit under paragraph 

13 (2) shall be limited to the records described in sec14 tion 13002(a)(8). 

15 ‘‘(f) ENFORCEMENT.— 

16 ‘‘(1) PROHIBITION.—It shall be unlawful for 

17 any person that is a distributor, distributor coopera18 tive, manufacturer, importer, retailer, or redemption 

19 center— 

20 ‘‘(A) to sell, use, import into the United 

21 States, or distribute any beverage container in 

22 commerce except in compliance with this sub23 title; or 

24 ‘‘(B) to fail to comply with this subtitle. 


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1 ‘‘(2) CIVIL PENALTY.—Any person that violates 

2 paragraph (1) shall be subject to a fine in the 

3 amount of $500 for each violation. 

4 ‘‘(3) SEPARATE VIOLATIONS.—Each day on 

5 which a person violates paragraph (1) shall be con6 sidered a separate violation.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Solid Waste Disposal Act (Public Law 89–272; 79 

9 Stat. 997) is amended by inserting after the item relating 

10 to section 11011 the following: 

‘‘Subtitle K—Product Standards and Producer Responsibility 

‘‘Sec. 12001. Definitions. 

‘‘Sec. 12002. Recycled content standards. 

‘‘Sec. 12003. Designing for the environment. 

‘‘Sec. 12004. Product labeling. 

‘‘Sec. 12005. Recycling and composting receptacle labeling. 

‘‘Sec. 12006. Recycling and composting collection. 

‘‘Sec. 12007. Protection of local governments. 

‘‘Sec. 12008. Annual assessment of plastic waste. 

‘‘Subtitle L—Beverage Container Collection 

‘‘Sec. 13001. Definitions. 

‘‘Sec. 13002. Beverage container recovery programs. 

‘‘Sec. 13003. Acceptance and retrieval requirements. 

‘‘Sec. 13004. Administration.’’. 

11 SEC. 912. FEDERAL PROCUREMENT. 

12 Section 6002 of the Solid Waste Disposal Act (42 

13 U.S.C. 6962) is amended— 

14 (1) in subsection (e), in the matter preceding 

15 paragraph (1), by striking ‘‘and from time to time, 

16 revise’’ and inserting ‘‘review not less frequently 

17 than once every 5 years, and, if appropriate, revise, 

18 in consultation with recyclers and manufacturers of 


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1 products containing recovered material, not later 

2 than 2 years after the completion of the initial re3 view after the date of enactment of the CLEAN Fu4 ture Act and thereafter, as appropriate’’; and 

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

6 ‘‘(j) CONSULTATION AND PROVISION OF INFORMA7 TION BY ADMINISTRATOR.—The Administrator shall— 

8 ‘‘(1) consult with each procuring agency, in9 cluding contractors of the procuring agency, to clar10 ify the responsibilities of the procuring agency under 

11 this section; and 

12 ‘‘(2) provide to each procuring agency informa13 tion on the requirements under this section and the 

14 responsibilities of the procuring agency under this 

15 section. 

16 ‘‘(k) REPORTS.—The Administrator, in consultation 

17 with the Administrator of General Services, shall submit 

18 to Congress an annual report describing— 

19 ‘‘(1) the quantity of federally procured products 

20 containing recovered material listed in the guidelines 

21 under subsection (e); and 

22 ‘‘(2) with respect to the products described in 

23 paragraph (1), the percentage of recovered material 

24 in each product.’’. 


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1 SEC. 913. TASK FORCE ON EXTENDED PRODUCER RESPON2 SIBILITY. 

3 (a) ESTABLISHMENT.—Not later than 60 days after 

4 the date of enactment of this subtitle, the Administrator 

5 of the Environmental Protection Agency shall establish a 

6 task force to develop recommendations on the design of 

7 a national extended producer responsibility system for cov8 ered products and beverage containers in the marketplace. 

9 (b) MEMBERSHIP.—The task force shall be com10 prised of representatives from— 

11 (1) States, cities, and counties, including— 

12 (A) small, medium, and large areas; and 

13 (B) urban and rural areas; 

14 (2) Indian Tribes; 

15 (3) product and packaging manufacturers, dis16 tributors, and retailers; 

17 (4) public and private sector recycling, 

18 composting, and solid waste management industries; 

19 (5) collection and cleanup service providers; 

20 (6) retail or service establishments, such as re21 tail stores, grocery stores, restaurants, hotels, and 

22 motels; 

23 (7) environmental, scientific, and advocacy or24 ganizations; 

25 (8) public place, freshwater, and marine litter 

26 prevention and cleanup programs; 


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1 (9) disability advocacy organizations; 

2 (10) any other Federal agency or office within 

3 the Executive Branch that the Administrator deter4 mines to be appropriate; and 

5 (11) any other relevant stakeholder group that 

6 the Administrator determines to be appropriate. 

7 (c) FUNCTIONS.—The task force shall— 

8 (1) identify, evaluate, and propose design cri9 teria for a national extended producer responsibility 

10 system that covers the lifecycle management of cov11 ered products and beverage containers, in addition 

12 to any other product categories that the Adminis13 trator determines appropriate; 

14 (2) develop detailed recommendations on the 

15 structure of a national extended producer responsi16 bility system, including— 

17 (A) the scope of regulation; 

18 (B) identification of regulated entities; 

19 (C) how regulated entities may coordinate, 

20 including through Organizations, to fulfill their 

21 obligations under a national extended producer 

22 responsibility system; 

23 (D) the financial and logistical obligations 

24 of regulated entities; 


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1 (E) the relationship between regulated en2 tities and units of Federal, State, and local gov3 ernment; and 

4 (F) any other design criteria that the Ad5 ministrator determines to be appropriate; and 

6 (3) in developing recommendations under para7 graph (2), incorporate any findings reported to the 

8 task force pursuant to subsection (d)(3). 

9 (d) RESEARCH GRANTS.— 

10 (1) PROGRAM ESTABLISHMENT.—Not later 

11 than 60 days after the establishment of the task 

12 force under subsection (a), the Administrator shall 

13 establish a program to award grants to eligible enti14 ties to study and provide recommendations on the 

15 design of a national extended producer responsibility 

16 system for covered products and beverage con17 tainers, in accordance with subsection (c)(2). 

18 (2) ELIGIBLE ENTITIES.—For purposes of this 

19 subsection, eligible entities are— 

20 (A) academic institutions; 

21 (B) nonprofit and research organizations; 

22 and 

23 (C) any other organization that the Ad24 ministrator determines to be appropriate. 


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1 (3) REQUIREMENT.—Each eligible entity that 

2 receives a grant under this subsection shall, not later 

3 than 180 days after receiving such grant, report its 

4 findings to the task force established under sub5 section (a). 

6 (e) REPORT.—Not later than 1 year after the estab7 lishment of the task force under subsection (a), the task 

8 force shall provide recommendations on the design of a 

9 national extended producer responsibility system devel10 oped under subsection (a)(2) to— 

11 (1) the Administrator; 

12 (2) the Committee on Energy and Commerce of 

13 the House of Representatives; and 

14 (3) the Committee on Environment and Public 

15 Works of the Senate. 

16 (f) DEFINITIONS.— 

17 (1) IN GENERAL.—In this section, the terms 

18 used have the meanings given those terms in section 

19 12001 of the Solid Waste Disposal Act (as added by 

20 this subtitle). 

21 (2) EXTENDED PRODUCER RESPONSIBILITY.— 

22 The term ‘‘extended producer responsibility’’ means 

23 a system, strategy, or regulatory framework in which 

24 the producers of certain products or materials as25 sume responsibility, including both financial and 


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1 physical responsibility, for the collection, treatment, 

2 and disposal of such products or materials at the 

3 end of their useful lifetime. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $5,000,000 for fiscal year 2022, to remain available until 

7 expended. 

8 SEC. 914. NATIONAL ACADEMY OF SCIENCES REVIEW. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of enactment of this Act, the Administrator shall seek 

11 to enter into an agreement with the National Academy of 

12 Sciences under which the National Academy of Sciences 

13 shall agree to conduct a study on single-use products (as 

14 defined in section 921) and bans on such products, in ac15 cordance with the requirements of subsections (b) and (c). 

16 (b) REQUIREMENTS.—The study required under sub17 section (a) shall assess— 

18 (1) best practices for mitigating the negative 

19 environmental effects associated with the disposal of 

20 single-use products; 

21 (2) potential measures to improve the recovery 

22 and safe disposal of single-use products; 

23 (3) the environmental, economic, and any other 

24 applicable effects of existing single-use product bans 

25 in the United States and in other countries; 


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1 (4) the efficacy of existing single-use product 

2 bans in the United States and in other countries on 

3 achieving their intended outcomes, including reduc4 ing waste; 

5 (5) the effects of producing and distributing re6 usable products, which may be used as replacements 

7 for single-use products, on energy demand, air qual8 ity, and any other relevant environmental matters; 

9 (6) recommendations for designing and imple10 menting policies that limit or ban single-use prod11 ucts; and 

12 (7) any other relevant matters determined to be 

13 appropriate by the Administrator. 

14 (c) RECOMMENDATIONS.—Not later than 2 years 

15 after the date on which the Administrator enters into an 

16 agreement with the National Academy of Sciences under 

17 subsection (a), the National Academy of Sciences shall 

18 submit to Congress and the Administrator a report on the 

19 results of such study. 

20 Subtitle C—Zero-Waste Grants 

21 SEC. 921. DEFINITIONS. 

22 Except as otherwise provided, in this subtitle: 

23 (1) ADAPTIVE MANAGEMENT PRACTICE.—The 

24 term ‘‘adaptive management practice’’ means, with 

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1 tegration of project design, management, and moni2 toring to identify the impacts and outcomes of such 

3 use of a grant as they arise for purposes of adjust4 ing behaviors to improve outcomes. 

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

8 (3) DOMESTICALLY OWNED AND OPERATED.— 

9 The term ‘‘domestically owned and operated’’ means, 

10 with respect to a business— 

11 (A) the headquarters of such a business is 

12 located within the United States; and 

13 (B) the primary operations of such a busi14 ness are carried out in the United States. 

15 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a single unit of State, local, or Tribal 

18 government; 

19 (B) a partnership of multiple units of 

20 State, local, or Tribal government; 

21 (C) one or more units of State, local, or 

22 Tribal government in coordination with for23 profit or nonprofit organizations; or 

24 (D) one or more nonprofit organizations. 


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1 (5) EMBODIED ENERGY.—The term ‘‘embodied 

2 energy’’ means energy that was used to create a 

3 product or material. 

4 (6) ENVIRONMENTAL JUSTICE COMMUNITY.— 

5 The term ‘‘environmental justice community’’ has 

6 the meaning given that term in section 601. 

7 (7) LIVING WAGE.—The term ‘‘living wage’’ 

8 means the minimum income necessary to allow a 

9 person working 40 hours per week to afford the cost 

10 of housing, food, and other material necessities. 

11 (8) ORGANICS RECYCLING.—The term 

12 ‘‘organics recycling’’ means the biological process by 

13 which organic material— 

14 (A) is biologically converted to compost 

15 that is not harmful to humans, plants, or ani16 mals; and 

17 (B) is treated in a specialized facility de18 signed to recycle organic material. 

19 (9) RECYCLE; RECYCLING.—The terms ‘‘recy20 cle’’ and ‘‘recycling’’ have the meanings given those 

21 terms in section 12001 of the Solid Waste Disposal 

22 Act (as added by this title). 

23 (10) REUSE.—The term ‘‘reuse’’— 

24 (A) means— 


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1 (i) using a product, packaging, or ma2 terial more than once for the same or a 

3 new function without requiring additional 

4 processing; 

5 (ii) repairing a product, packaging, or 

6 material in such a way that extends its 

7 useful lifetime; 

8 (iii) sharing or renting a product, 

9 packaging, or material in such a way that 

10 extends its useful lifetime; or 

11 (iv) selling or donating a product, 

12 packaging, or material in such a way that 

13 extends its useful lifetime; and 

14 (B) does not include incineration. 

15 (11) SINGLE-USE PRODUCT.—The term ‘‘single16 use product’’— 

17 (A) means a consumer product that is de18 signed to be disposed of, recycled, or otherwise 

19 discarded after a single use; and 

20 (B) does not include— 

21 (i) medical equipment, devices, or 

22 other products determined by the Sec23 retary of Health and Human Services to 

24 necessarily be made of plastic for the pro25 tection of public health; 


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1 (ii) a personal hygiene product that, 

2 due to the intended use of the product, 

3 could become unsafe or unsanitary to recy4 cle, such as a diaper; and 

5 (iii) packaging that is— 

6 (I) for any product described in 

7 subparagraph (A); or 

8 (II) used for the shipment of 

9 hazardous materials that is prohibited 

10 from being composed of used mate11 rials under section 178.509 or 

12 178.522 of title 49, Code of Federal 

13 Regulations (as in effect on the date 

14 of enactment of this subtitle). 

15 (12) SOURCE REDUCTION.— 

16 (A) IN GENERAL.—The term ‘‘source re17 duction’’ means an activity or process that re18 duces the generation of waste at its source, be19 fore it can enter into commerce or the environ20 ment. 

21 (B) INCLUSIONS.—The term ‘‘source re22 duction’’ includes— 

23 (i) the redesign of products or mate24 rials such that they can be reused, rather 

25 than disposed of; 


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1 (ii) the design and manufacture of 

2 products or materials with minimal pack3 aging intended for disposal; 

4 (iii) an activity or process that re5 duces the amount of waste generated dur6 ing a manufacturing process; 

7 (iv) an activity or process that reduces 

8 or eliminates the use of materials that are 

9 not able to be recycled without degrading 

10 the quality of the material; and 

11 (v) any other activity or process that 

12 reduces the weight, volume, or toxicity of 

13 products or materials. 

14 (C) EXCLUSION.—The term ‘‘source reduc15 tion’’ does not include an activity or process 

16 used after a product or material has become 

17 waste, such as incineration. 

18 (13) SOURCE SEPARATION.—The term ‘‘source 

19 separation’’— 

20 (A) means the separation of solid waste by 

21 material or commodity type prior to collection, 

22 such as separation into recyclable and non-recy23 clable materials or by recyclable commodity; 

24 and 


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1 (B) does not require the use of tech2 nologies that sort mixed municipal solid waste 

3 into recyclable and non-recyclable materials. 

4 (14) WASTE PREVENTION.—The term ‘‘waste 

5 prevention’’ means any method to reduce the 

6 amount of materials disposed of in landfills or incin7 erated, including reuse and recycling. 

8 (15) ZERO-EMISSIONS VEHICLE.—The term 

9 ‘‘zero-emissions vehicle’’ means a vehicle that pro10 duces zero emissions of— 

11 (A) greenhouse gases; 

12 (B) criteria pollutants; and 

13 (C) hazardous air pollutants. 

14 (16) ZERO-WASTE.—The term ‘‘zero-waste’’ 

15 means the conservation of all resources by means of 

16 responsible production, consumption, reuse, and re17 covery of products, packaging, and materials with18 out— 

19 (A) burning or otherwise destroying em20 bodied energy; and 

21 (B) a discharge to land, water, or air that 

22 results in adverse human health or environ23 mental effects. 

24 (17) ZERO-WASTE PRACTICE.—The term ‘‘zero25 waste practice’’ means a practice used to help 


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1 achieve zero-waste, including the use of source re2 duction. 

3 SEC. 922. GRANTS FOR ZERO-WASTE PROJECTS. 

4 (a) IN GENERAL.—The Administrator shall establish 

5 and carry out a program to award grants, on a competitive 

6 basis, to eligible entities to carry out projects described 

7 in subsection (b). 

8 (b) GRANT USE.— 

9 (1) ORGANICS RECYCLING INFRASTRUCTURE.— 

10 (A) IN GENERAL.—An eligible entity re11 ceiving a grant under this section may use such 

12 grant to carry out a project to construct, ex13 pand, or modernize infrastructure required for 

14 organics recycling, including any facility, ma15 chinery, or equipment required for the collection 

16 and processing of organic material on a city17 wide or county-wide scale. 

18 (B) REQUIREMENTS.—Each project car19 ried out under this paragraph shall result in in20 creased capacity— 

21 (i) to collect and process residential 

22 and commercial organic material, including 

23 through source separation of organic mate24 rial; and 


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1 (ii) to generate environmentally bene2 ficial byproducts, such as compost with 

3 added nutritional content. 

4 (C) MIXED-WASTE COMPOSTING.—A grant 

5 received under this paragraph may not be used 

6 to support the collection or processing of mixed7 waste composting. 

8 (2) ELECTRONIC WASTE RECYCLING.— 

9 (A) IN GENERAL.—An eligible entity re10 ceiving a grant under this section may use such 

11 grant to carry out a project that enables the re12 cycling or reuse of electronic devices at the end 

13 of their useful lifetime, including— 

14 (i) constructing, expanding, or mod15 ernizing infrastructure and technology; 

16 (ii) research and development; and 

17 (iii) product refurbishment. 

18 (B) REQUIREMENTS.—A project carried 

19 out under this paragraph— 

20 (i) may not include an electronic 

21 waste buy-back program— 

22 (I) that provides compensation 

23 for used electronics; and 


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1 (II) under which such compensa2 tion may be applied as a credit toward 

3 the purchase of new electronics; and 

4 (ii) shall be carried out by an eligible 

5 entity that is certified to recycle electronics 

6 by an organization that is accredited by— 

7 (I) the National Accreditation 

8 Board of the American National 

9 Standards Institute; 

10 (II) the American Society of 

11 Quality; or 

12 (III) another accrediting body de13 termined appropriate by the Adminis14 trator. 

15 (3) SOURCE REDUCTION.— 

16 (A) IN GENERAL.—An eligible entity re17 ceiving a grant under this section may use such 

18 grant to carry out a project relating to source 

19 reduction, which such project may include, in 

20 accordance with subparagraph (B), carrying out 

21 product or manufacturing redesign or redevel22 opment to reduce byproducts, packaging, and 

23 other outputs. 


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1 (B) REDESIGN AND REDEVELOPMENT.— 

2 An eligible entity may only carry out a project 

3 described in subparagraph (A)(ii) if— 

4 (i) the applicable manufacturer— 

5 (I) is domestically owned and op6 erated; and 

7 (II) pays a living wage; and 

8 (ii) the redesign or redevelopment 

9 does not result in— 

10 (I) higher toxicity of the product 

11 or byproducts; 

12 (II) more complicated 

13 recyclability of the product or byprod14 ucts; or 

15 (III) increased volume of byprod16 ucts compared with the original prac17 tice. 

18 (4) MARKET DEVELOPMENT.— 

19 (A) IN GENERAL.—An eligible entity re20 ceiving a grant under this section may use such 

21 grant to carry out a project that— 

22 (i) creates market demand for source 

23 reduction, sorted recyclable commodities, 

24 goods made of sorted recyclable commod25 ities, or refurbished goods; and 


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1 (ii) as applicable, encourages or en2 ables investment in domestically owned and 

3 operated manufacturing capacity with re4 spect to the list in clause (i). 

5 (B) REQUIREMENTS.—Each project car6 ried out under this section— 

7 (i) shall target easily or commonly re8 cycled materials which are disproportion9 ately disposed of in landfills or incinerated; 

10 (ii) shall reduce the volume, weight, or 

11 toxicity of waste and waste byproducts; 

12 and 

13 (iii) may not conflict with— 

14 (I) minimum-content laws, such 

15 as post-consumer recycled content re16 quirements; 

17 (II) beverage container deposits; 

18 (III) programs funded through 

19 retail fees for specific products or 

20 classes of products that use such fees 

21 to collect, treat, or recycle such prod22 ucts; or 

23 (IV) any applicable recycled 

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1 chasing requirements, as identified by 

2 the Administrator. 

3 (5) ZERO-EMISSIONS COLLECTION VEHICLES.— 

4 An eligible entity receiving a grant under this sec5 tion may use such grant to carry out a project to 

6 purchase, operate, and maintain zero-emissions vehi7 cles used to collect material for recycling or organics 

8 recycling. 

9 SEC. 923. GRANTS FOR LANDFILL DIVERSION. 

10 (a) IN GENERAL.—The Administrator shall establish 

11 and carry out a program to award grants, on a competitive 

12 basis, to eligible entities to develop and implement new 

13 requirements, as described in subsection (b), that reduce 

14 the amount of waste disposed of in landfills. 

15 (b) GRANT USE.— 

16 (1) TIPPING FEES.—An eligible entity receiving 

17 a grant under this section may use such grant to de18 velop and implement zero-waste practices that are 

19 accompanied by permanent increases in tipping, 

20 gate, or disposal fees imposed on the disposal of 

21 waste at landfills. 

22 (2) CURBSIDE COMPOSTING COLLECTION.—An 

23 eligible entity receiving a grant under this section 

24 may use such grant to support the implementation 

25 of State programs that mandate the availability of 


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1 curbside collection of material for organics recycling 

2 for all single-family and multifamily residential 

3 households. 

4 (3) LANDFILL DIVERSION.—An eligible entity 

5 receiving a grant under this section may use such 

6 grant to support the implementation of statewide re7 quirements that prohibit organic waste from being 

8 sent to landfills. 

9 (c) DEFINITION OF ELIGIBLE ENTITY.—In this sec10 tion, the term ‘‘eligible entity’’ means a single unit of 

11 State government or a relevant State agency. 

12 SEC. 924. GRANT APPLICATIONS. 

13 (a) APPLICATION.— 

14 (1) CRITERIA FOR ALL APPLICANTS.—To be eli15 gible to receive a grant under this subtitle, an eligi16 ble entity shall submit to the Administrator an ap17 plication at such time and in such form as the Ad18 ministrator requires, which shall include dem19 onstrating that the eligible entity— 

20 (A) has set specific source reduction or 

21 waste prevention targets; and 

22 (B) will carry out a project that meets the 

23 applicable project requirements under section 

24 922(b) or 923(b). 


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1 (2) ADDITIONAL APPLICATION CRITERIA FOR

2 NONPROFIT ORGANIZATION.—In the case of an ap3 plication from an eligible entity that is a nonprofit 

4 organization, the application shall include— 

5 (A) a letter of support for the proposed 

6 project from— 

7 (i) a local unit of government; or 

8 (ii) another nonprofit organization 

9 that— 

10 (I) has a demonstrated history of 

11 undertaking work in the geographic 

12 region where the proposed project is 

13 to take place; and 

14 (II) is not involved in the project 

15 being proposed; and 

16 (B) any other information the Adminis17 trator may require. 

18 (b) PRIORITY FACTORS.—In awarding grants under 

19 this subtitle, the Administrator shall give priority to any 

20 eligible entity that— 

21 (1) with respect to an eligible entity that is a 

22 State or unit of local government, has statutorily 

23 committed to implementing one or more zero-waste 

24 practices; 


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1 (2) demonstrates how use of such grant could 

2 lead to the creation of new jobs that pay a living 

3 wage and are, to the greatest extent practicable, of4 fered to individuals who experience barriers to em5 ployment, as determined by the Administrator; 

6 (3) will use such grant to carry out source re7 duction or waste prevention in schools; 

8 (4) will use such grant to employ an adaptive 

9 management practice to identify, prevent, or address 

10 any negative environmental consequences of a 

11 project proposed to be carried out with a grant 

12 under this subtitle; 

13 (5) has a demonstrated need for additional in14 vestment in infrastructure or other resources to 

15 achieve source reduction and waste prevention tar16 gets set by the local unit of government that is re17 sponsible for waste management and recycling in the 

18 geographic area; 

19 (6) will use such grant to develop an innovative 

20 or new technology or strategy for source reduction 

21 and waste prevention; 

22 (7) demonstrates how receiving the grant will 

23 encourage further investment in source reduction 

24 and waste prevention activities; or 


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1 (8) will incorporate multi-stakeholder involve2 ment, including nonprofit, commercial, and public 

3 sector partners, in carrying out a project using such 

4 grant. 

5 (c) REQUIREMENT.—Of the amount made available 

6 pursuant to section 927(a), not less than 75 percent shall 

7 be allocated to projects that serve, or are located in, envi8 ronmental justice communities. 

9 SEC. 925. REPORTING. 

10 Each eligible entity that receives a grant under this 

11 subtitle shall submit to the Administrator a report, at such 

12 time and in such form as the Administrator may require, 

13 on the results of the project carried out with such grant, 

14 and such report shall include any relevant data requested 

15 by the Administrator for purposes of tracking the effec16 tiveness of the programs established under section 922(a) 

17 and 923(b). 

18 SEC. 926. ANNUAL CONFERENCE. 

19 In each of calendar years 2022 through 2030, the 

20 Administrator shall convene an annual conference to pro21 vide an opportunity for eligible entities and other relevant 

22 stakeholders to share their experience and expertise in im23 plementing zero-waste practices. 


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1 SEC. 927. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) GRANTS FOR ZERO-WASTE PROJECTS.—There is 

3 authorized to be appropriated to carry out section 922 

4 $150,000,000 for each of fiscal years 2022 through 2031, 

5 to remain available until expended. 

6 (b) GRANTS FOR LANDFILL DIVERSION.—There is 

7 authorized to be appropriated to carry out section 923 

8 $250,000,000 for the period of fiscal years 2022 through 

9 2031, to remain available until expended. 

10 Subtitle D—Education and 

11 Outreach 

12 SEC. 931. DEFINITION OF ADMINISTRATOR. 

13 In this subtitle, the term ‘‘Administrator’’ means the 

14 Administrator of the Environmental Protection Agency. 

15 SEC. 932. CONSUMER RECYCLING EDUCATION AND OUT16 REACH GRANT PROGRAM. 

17 (a) IN GENERAL.—The Administrator shall establish 

18 a program (referred to in this section as the ‘‘grant pro19 gram’’) to award competitive grants to eligible entities to 

20 improve the effectiveness of residential and community re21 cycling programs through public education and outreach. 

22 (b) CRITERIA.—The Administrator shall award 

23 grants under the grant program for projects that, by using 

24 one or more eligible activities described in subsection (e)— 

25 (1) inform the public about residential or com26 munity recycling programs; 


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1 (2) provide information about the recycled ma2 terials that are accepted as part of a residential or 

3 community recycling program that provides for the 

4 separate collection of residential solid waste from re5 cycled material; and 

6 (3) increase collection rates and decrease con7 tamination in residential and community recycling 

8 programs. 

9 (c) ELIGIBLE ENTITIES.— 

10 (1) IN GENERAL.—An entity that is eligible to 

11 receive a grant under the grant program is— 

12 (A) a State; 

13 (B) a unit of local government; 

14 (C) a Tribal government; 

15 (D) a nonprofit organization; or 

16 (E) a public-private partnership. 

17 (2) COORDINATION OF ACTIVITIES.—Two or 

18 more entities described in paragraph (1) may receive 

19 a grant under the grant program to coordinate the 

20 provision of information to residents that may access 

21 two or more residential recycling programs, includ22 ing programs that accept different recycled mate23 rials, to provide to the residents information regard24 ing differences among those residential recycling 

25 programs. 


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1 (d) REQUIREMENT.— 

2 (1) IN GENERAL.—To receive a grant under the 

3 grant program, an eligible entity shall demonstrate 

4 to the Administrator that the grant funds will be 

5 used to encourage the collection of recycled materials 

6 that are sold to an existing or developing market. 

7 (2) BUSINESS PLANS AND FINANCIAL DATA.— 

8 (A) IN GENERAL.—An eligible entity may 

9 make a demonstration under paragraph (1) 

10 through the submission to the Administrator of 

11 appropriate business plans and financial data. 

12 (B) CONFIDENTIALITY.—The Adminis13 trator shall treat any business plans or financial 

14 data received under subparagraph (A) as con15 fidential information. 

16 (e) ELIGIBLE ACTIVITIES.—An eligible entity that re17 ceives a grant under the grant program may use the grant 

18 funds for activities including— 

19 (1) public service announcements; 

20 (2) a door-to-door education and outreach cam21 paign; 

22 (3) social media and digital outreach; 

23 (4) an advertising campaign on recycling aware24 ness; 

25 (5) the development and dissemination of— 


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1 (A) a toolkit for a municipal and commer2 cial recycling program; 

3 (B) information on the importance of qual4 ity in the recycling stream; 

5 (C) information on the economic and envi6 ronmental benefits of recycling; and 

7 (D) information on what happens to mate8 rials after the materials are placed into a resi9 dential or community recycling program; 

10 (6) businesses recycling outreach; 

11 (7) bin, cart, and other receptacle labeling and 

12 signs; and 

13 (8) such other activities that the Administrator 

14 determines are appropriate to carry out the purposes 

15 of this section. 

16 (f) PROHIBITION ON USE OF FUNDS.—No funds may 

17 be awarded under the grant program for a residential re18 cycling program that— 

19 (1) does not provide for the separate collection 

20 of residential solid waste (as defined in section 

21 246.101 of title 40, Code of Federal Regulations (as 

22 in effect on the date of enactment of this Act)) from 

23 recycled material (as defined in that section), unless 

24 the funds are used to promote a transition to a sys25 tem that separately collects recycled materials; or 


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1 (2) promotes the establishment of, or conver2 sion to, a residential collection system that does not 

3 provide for the separate collection of residential solid 

4 waste from recycled material (as those terms are de5 fined under paragraph (1)). 

6 (g) MODEL RECYCLING PROGRAM TOOLKIT.— 

7 (1) IN GENERAL.—In carrying out the grant 

8 program, the Administrator, in consultation with 

9 other relevant Federal agencies, States, Indian 

10 Tribes, units of local government, nonprofit organi11 zations, and the private sector, shall develop a model 

12 recycling program toolkit for States, Indian Tribes, 

13 and units of local government that includes, at a 

14 minimum— 

15 (A) a standardized set of terms and exam16 ples that may be used to describe materials that 

17 are accepted by a residential recycling program; 

18 (B) information that the Administrator de19 termines can be widely applied across residen20 tial recycling programs, taking into consider21 ation the differences in recycled materials ac22 cepted by residential recycling programs; 

23 (C) educational principles on best practices 

24 for the collection and processing of recycled ma25 terials; 


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1 (D) a community self-assessment guide to 

2 identify gaps in existing recycling programs; 

3 (E) training modules that enable States 

4 and nonprofit organizations to provide technical 

5 assistance to units of local government; 

6 (F) access to consumer educational mate7 rials that States, Indian Tribes, and units of 

8 local government can adapt and use in recycling 

9 programs; and 

10 (G) a guide to measure the effectiveness of 

11 a grant received under the grant program, in12 cluding standardized measurements for recy13 cling rates and decreases in contamination. 

14 (2) REQUIREMENT.—In developing the stand15 ardized set of terms and examples under paragraph 

16 (1)(A), the Administrator may not establish any re17 quirements for— 

18 (A) what materials shall be accepted by a 

19 residential recycling program; or 

20 (B) the labeling of products. 

21 (h) SCHOOL CURRICULUM.—The Administrator shall 

22 provide assistance to the educational community, includ23 ing nonprofit organizations, such as an organization the 

24 science, technology, engineering, and mathematics pro25 gram of which incorporates recycling, to promote the inVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 troduction of recycling principles and best practices into 

2 public school curricula. 

3 (i) REPORTS.— 

4 (1) TO THE ADMINISTRATOR.—Not earlier than 

5 180 days, and not later than 2 years, after the date 

6 on which a grant under the grant program is award7 ed to an eligible entity, the eligible entity shall sub8 mit to the Administrator a report describing, by 

9 using the guide developed under subsection 

10 (g)(1)(G)— 

11 (A) the change in volume of recycled mate12 rial collected through the activities funded with 

13 the grant; 

14 (B) the change in participation rate of the 

15 recycling program funded with the grant; 

16 (C) the reduction of contamination in the 

17 recycling stream as a result of the activities 

18 funded with the grant; and 

19 (D) such other information as the Admin20 istrator determines to be appropriate. 

21 (2) TO CONGRESS.—The Administrator shall 

22 submit to Congress an annual report describing— 

23 (A) the effectiveness of residential recy24 cling programs awarded funds under the grant 

25 program, including statistics comparing the 


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1 quantity and quality of recycled materials col2 lected by those programs, as described in the 

3 reports submitted to the Administrator under 

4 paragraph (1); and 

5 (B) recommendations on additional actions 

6 to improve residential recycling. 

7 SEC. 933. ELECTRONIC WASTE EDUCATION AND AWARE8 NESS. 

9 (a) IN GENERAL.—The Administrator, in consulta10 tion with the Secretary of Energy, shall establish a pro11 gram to improve consumer education and awareness re12 lated to the safe disposal and recycling of batteries and 

13 other forms of electronic waste. 

14 (b) CONTENT.—The program established under sub15 section (a) shall seek to educate consumers on— 

16 (1) the energy and environmental impacts asso17 ciated with the disposal of batteries and other forms 

18 of electronic waste; 

19 (2) the benefits of safe disposal of batteries and 

20 other forms of electronic waste; and 

21 (3) how to safely dispose of various types of 

22 batteries and other forms of electronic waste at the 

23 end of their useful lifetime. 

24 (c) DATABASE.—The Administrator shall establish a 

25 public database, available on the Environmental ProtecVerDate Sep 11 2014 22:55 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\H1512.IH H1512

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1 tion Agency’s website, that allows consumers to locate 

2 nearby disposal facilities for batteries and other forms of 

3 electronic waste at the end of their useful lifetime. 

4 SEC. 934. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—There is authorized to be appro6 priated to the Administrator to carry out this subtitle 

7 $15,000,000 for each of fiscal years 2022 through 2031. 

8 (b) REQUIREMENT.—Of the amount made available 

9 under subsection (a) for a fiscal year, not less than 10 

10 percent shall be allocated to low-income communities (as 

11 defined in section 601). 

12 Subtitle E—Critical Minerals 

13 SEC. 941. DEFINITIONS. 

14 In this subtitle: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Environ17 mental Protection Agency. 

18 (2) BATTERY.—The term ‘‘battery’’ means a 

19 battery that is— 

20 (A) rechargeable; and 

21 (B) comprised of electrochemical cells, in22 cluding lithium-ion cells and other chemistries. 

23 (3) BATTERY COLLECTION POINT.—The term 

24 ‘‘battery collection point’’ means a retail or other 


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1 service provider equipped to collect used batteries for 

2 safe disposal. 

3 (4) ELECTRONIC WASTE.—The term ‘‘electronic 

4 waste’’ means consumer or commercial electronic 

5 equipment that is disposed of at the end of its useful 

6 lifetime. 

7 (5) EXTENDED PRODUCER RESPONSIBILITY.— 

8 The term ‘‘extended producer responsibility’’ means 

9 a system, strategy, or regulatory framework in which 

10 the producers of certain products or materials as11 sume responsibility, including both financial and 

12 physical responsibility, for the collection, treatment, 

13 and disposal of such products or materials at the 

14 end of their useful lifetime. 

15 (6) MUNICIPAL SOLID WASTE LANDFILL.—The 

16 term ‘‘municipal solid waste landfill’’ means a dis17 crete area of land or excavation that receives house18 hold and other nonhazardous waste. 

19 (7) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Energy. 

21 (8) STATE.—The term ‘‘State’’ means a State, 

22 the District of Columbia, the Commonwealth of 

23 Puerto Rico, Guam, American Samoa, the Common24 wealth of the Northern Mariana Islands, the United 


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1 States Virgin Islands, and any other territory or 

2 possession of the United States. 

3 SEC. 942. GRANTS FOR BATTERY COLLECTION, RECYCLING, 

4 AND REPROCESSING. 

5 (a) STATE AND LOCAL PROGRAMS.— 

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

7 a program under which the Secretary shall award 

8 grants, on a competitive basis, to States and units 

9 of local government to assist in the establishment or 

10 enhancement of programs that address the collection 

11 (commonly referred to as ‘‘take-back’’), recycling, re12 processing, and proper disposal of batteries at the 

13 end of their useful lifetime. 

14 (2) NON-FEDERAL COST SHARE.—The Sec15 retary may not provide to a State or unit of local 

16 government a grant under this subsection in an 

17 amount that is greater than 50 percent of the cost 

18 of a project described in paragraph (1). 

19 (3) REPORT.—Not later than 2 years after the 

20 date of enactment of this Act, and annually there21 after, the Secretary shall submit to Congress a re22 port that describes the number of programs estab23 lished or enhanced, an estimate of jobs created, and 

24 the quantity of material collected as a result of the 

25 grants awarded under paragraph (1). 


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1 (b) RETAILERS AS COLLECTION POINTS.— 

2 (1) IN GENERAL.—The Secretary shall award 

3 grants, on a competitive basis, to retailers that sell 

4 batteries to establish, implement, or improve systems 

5 for the collection, recycling, and proper disposal of 

6 batteries at the end of their useful lifetimes, in order 

7 to serve as battery collection points. 

8 (2) FREE COLLECTION.—The system described 

9 in paragraph (1) shall include collection of used bat10 teries at no cost to members of the public who use 

11 the system. 

12 (3) REPORT.—Not later than 2 years after the 

13 date of enactment of this Act, and annually there14 after, the Secretary shall submit to Congress a re15 port that describes the number of battery collection 

16 points established, implemented, or improved and 

17 the quantity of material collected as a result of the 

18 grants awarded under paragraph (1). 

19 SEC. 943. BEST PRACTICES FOR COLLECTION OF BAT20 TERIES. 

21 (a) IN GENERAL.—The Administrator shall develop 

22 best practices for the collection of batteries that may be 

23 cost-effectively implemented by States and units of local 

24 government. 


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1 (b) COORDINATION.—The Administrator shall de2 velop best practices under subsection (a) in coordination 

3 with State and local leaders and relevant stakeholders, in4 cluding— 

5 (1) battery manufacturers, suppliers, and dis6 tributors; 

7 (2) retailers that serve as battery collection 

8 points; 

9 (3) solid waste management industries; and 

10 (4) any other relevant stakeholders that the Ad11 ministrator determines to be appropriate. 

12 (c) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the Administrator shall submit 

14 to Congress, and make publicly available on the website 

15 of the Environmental Protection Agency, a report describ16 ing the best practices developed under this section. 

17 SEC. 944. VOLUNTARY LABELING PROGRAM. 

18 (a) IN GENERAL.—The Secretary, in consultation 

19 with the Administrator, shall establish a program to im20 prove the labeling of batteries through voluntary meas21 ures. 

22 (b) MEASURES.—The program established in sub23 section (a) shall seek to improve battery labeling to— 


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1 (1) enable consumers to properly and more eas2 ily recycle or dispose batteries at the end of their 

3 useful lifetime; 

4 (2) educate consumers on safety considerations 

5 associated with the recycling and proper disposal of 

6 batteries; and 

7 (3) provide consumers with information needed 

8 to more easily locate where to recycle or dispose bat9 teries at the end of their useful lifetime. 

10 (c) COORDINATION.—The Secretary shall operate the 

11 program established in subsection (a) in coordination with 

12 relevant stakeholders, including— 

13 (1) battery manufacturers, suppliers, and dis14 tributors; 

15 (2) retailers that serve as battery collection 

16 points; 

17 (3) solid waste management industries; and 

18 (4) any other relevant stakeholder that the Sec19 retary or Administrator determines to be appro20 priate. 

21 SEC. 945. TASK FORCE ON BATTERY PRODUCER RESPONSI22 BILITY. 

23 (a) IN GENERAL.—Not later than 60 days after the 

24 date of enactment of this Act, the Secretary, in consulta25 tion with the Administrator, shall establish a task force 


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1 to develop recommendations on the design of an extended 

2 producer responsibility system for batteries. 

3 (b) FUNCTIONS.—The task force shall established in 

4 subsection (a) shall— 

5 (1) identify, evaluate, and propose design cri6 teria for an extended producer responsibility system 

7 that covers the lifecycle management of batteries; 

8 (2) consider product design, collection models, 

9 and the transportation of collected materials; 

10 (3) develop detailed recommendations on the 

11 structure of an extended producer responsibility pro12 gram for batteries, including— 

13 (A) the scope of regulation; 

14 (B) identification of regulated entities; 

15 (C) strategies for implementation and en16 forcement; 

17 (D) the relationship between regulated en18 tities and units of State and local government; 

19 and 

20 (E) any other relevant matter that the 

21 Secretary determines to be appropriate. 

22 (c) MEMBERSHIP.—The task force established in 

23 subsection (a) shall be comprised of representatives 

24 from— 

25 (1) States and units of local government; 


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1 (2) battery producers, retailers, recyclers, and 

2 refiners; 

3 (3) public and private sector recycling, 

4 composting, and solid waste management industries; 

5 (4) any other Federal agency or office within 

6 the Executive Branch that the Secretary or Adminis7 trator determines to be appropriate; and 

8 (5) any other relevant stakeholder group that 

9 the Secretary or Administrator determines to be ap10 propriate. 

11 (d) REPORT.—Not later than 1 year after the estab12 lishment of the task force in subsection (a), the task force 

13 shall submit to Congress and make publicly available on 

14 the websites of the Department of Energy and the Envi15 ronmental Protection Agency a report on the design of an 

16 extended producer responsibility system for batteries 

17 based on its findings. 

18 SEC. 946. TASK FORCE ON WIND AND SOLAR RECYCLING. 

19 (a) IN GENERAL.—Not later than 60 days after the 

20 date of enactment of this Act, the Secretary, in consulta21 tion with the Administrator, shall convene a task force to 

22 improve the recovery, recycling, and reuse of key compo23 nents of wind and solar energy technologies. 

24 (b) STUDY.—The task force shall established in sub25 section (a) shall— 


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1 (1) identify, assess, and propose design criteria 

2 for strategies that— 

3 (A) reduce the amount of waste created 

4 when wind and solar energy technologies reach 

5 the end of their useful lifetimes; 

6 (B) prevent such waste from being dis7 posed of in landfills; and 

8 (C) reduce demand for extraction of raw 

9 materials used in wind and solar technologies; 

10 (2) consider both voluntary and mandatory 

11 measures as potential strategies; 

12 (3) assess the environmental implications, cost13 effectiveness, and any other metrics relevant to such 

14 strategies, as determined to be appropriate by the 

15 Secretary, Administrator, or members of the task 

16 force; and 

17 (4) propose detailed recommendations on poli18 cies needed to support such strategies. 

19 (c) MEMBERSHIP.—The task force convened under 

20 subsection (a) shall include— 

21 (1) wind and solar energy technology manufac22 turers, suppliers, and developers; 

23 (2) representatives from the recycling and solid 

24 waste management industries; 


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1 (3) experts in solid waste management, includ2 ing from academia, nonprofit organizations, and in3 dustry associations; 

4 (4) States and local governments; and 

5 (5) other relevant stakeholders, as determined 

6 appropriate by the Secretary and the Administrator. 

7 (d) REPORT.—Not later than 1 year after the date 

8 on which the Secretary convenes the task force under sub9 section (a), the Secretary shall submit to Congress, and 

10 make publicly available on the website of the Department 

11 of Energy, a report that describes the findings of the study 

12 conducted under subsection (b). 

13 SEC. 947. STUDIES ON DISPOSAL AND RECYCLING. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this Act, the Secretary shall conduct 

16 a separate study on each of the following: 

17 (1) REDUCING DISPOSAL OF ELECTRONIC

18 WASTE IN LANDFILLS.—Strategies for reducing and 

19 preventing the disposal of electronic waste in munic20 ipal solid waste landfills, including through both vol21 untary and mandatory measures. 

22 (2) DEPOSIT PROGRAM FOR CRITICAL MIN23 ERALS.—The feasibility of establishing, and the pro24 posed design of, a Federal program modeled on bev25 erage container deposit programs in the United 


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1 States that creates a financial incentive for critical 

2 mineral suppliers to recover and recycle critical min3 erals (as listed in 83 Fed. Reg. 23295) for use in 

4 new products. 

5 (3) RECYCLER CERTIFICATION.—The feasibility 

6 of establishing, and the proposed design of, a Fed7 eral program to— 

8 (A) create Federal standards, or use 

9 standards developed by a non-Federal entity, 

10 for the certification of critical mineral recycling 

11 companies for purposes of ensuring safety, envi12 ronmental stewardship, and other relevant as13 pects of operations; and 

14 (B) certify critical mineral recycling com15 panies based on such standards. 

16 (b) CONTENT.—Each study described in subsection 

17 (a) shall identify and evaluate, with respect to the subject 

18 matter of each study— 

19 (1) as applicable, any relevant program carried 

20 out by a State or an industry in the United States; 

21 (2) as applicable, best practices for program de22 sign based on any relevant program carried out by 

23 a State or an industry in the United States; 

24 (3) key program design considerations for es25 tablishing Federal programs; 


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1 (4) the potential environmental effects of the 

2 measures described in paragraphs (1) through (3) of 

3 subsection (a); 

4 (5) the cost-effectiveness of such measures; and 

5 (6) any other considerations the Secretary de6 termines to be appropriate. 

7 (c) REPORTS.—Following the completion of each 

8 study required under this section, the Secretary shall sub9 mit to Congress a separate report for each study that— 

10 (1) describe the results of each study; and 

11 (2) provides recommendations on policy design 

12 for each matter considered under the applicable 

13 study. 

14 SEC. 948. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to carry out 

16 this subtitle $35,000,000 for each of fiscal years 2022 

17 through 2031. 

18 TITLE X—WORKER AND 

19 COMMUNITY TRANSITION 

20 SEC. 1001. DEFINITIONS. 

21 In this title: 

22 (1) ADVERSELY AFFECTED COMMUNITY.—The 

23 term ‘‘adversely affected community’’ means a unit 

24 of local government or an Indian Tribe (or a polit25 ical subdivision thereof) that has been, or is at risk 


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1 to be, significantly disrupted by the Nation’s transi2 tion to net-zero greenhouse gas emissions through 

3 the loss of a significant portion of locally generated 

4 tax revenue or employment due to the closure, or 

5 risk of closure, of an impacted employer within its 

6 jurisdiction. 

7 (2) ADVERSELY AFFECTED WORKER.—The 

8 term ‘‘adversely affected worker’’ means an indi9 vidual who has been, or is at risk to be, totally sepa10 rated or partially separated from employment by an 

11 impacted employer. 

12 (3) DIRECTOR.—The term ‘‘Director’’ means 

13 the Director of the Office of Energy and Economic 

14 Transition. 

15 (4) IMPACTED EMPLOYER.—The term ‘‘im16 pacted employer’’ means a private entity that is pri17 marily engaged in business related to— 

18 (A) the extraction of fossil fuels; 

19 (B) the refinement of fossil fuels; 

20 (C) the generation of electricity from fossil 

21 fuels; 

22 (D) the production of energy-intensive in23 dustrial products; 

24 (E) the manufacture of light-, medium-, 

25 and heavy-duty vehicles that utilize an internal 


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1 combustion engine and other component parts 

2 for such vehicles; 

3 (F) the construction, operation, and main4 tenance of infrastructure to deliver fossil fuels 

5 for domestic use; or 

6 (G) other industries significantly disrupted 

7 by the Nation’s transition to net-zero green8 house gas emissions, as determined by the Di9 rector, in consultation with the Administrator 

10 of the Environmental Protection Agency and 

11 the Secretary. 

12 (5) PARTIAL SEPARATION.—The terms ‘‘partial 

13 separation’’ and ‘‘partially separated’’ mean, with 

14 respect to an individual who has not been totally 

15 separated from employment, that— 

16 (A) the number of hours of work for such 

17 individual has been reduced by an impacted em18 ployer to 80 percent or less of the average num19 ber of hours per week such individual worked 

20 per week prior to any separation from employ21 ment; and 

22 (B) the wages for such individual have 

23 been reduced by an impacted employer to 80 

24 percent or less of the average wages per week 


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1 while employed by the impacted employer prior 

2 to any separation. 

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

4 the Secretary of Energy. 

5 (7) TOTAL SEPARATION.—The terms ‘‘total 

6 separation’’ and ‘‘totally separated’’ mean the layoff 

7 or severance of an individual from employment by an 

8 impacted employer. 

9 SEC. 1002. ENERGY AND ECONOMIC TRANSITION IMPACT 

10 STUDIES. 

11 (a) IN GENERAL.—The Secretary shall seek to enter 

12 into an agreement with the National Academy of Sciences 

13 under which the Academy agrees to conduct studies on 

14 matters concerning the potential impacts of achieving net15 zero greenhouse gas emissions on workers and commu16 nities dependent on employment related to fossil fuels as 

17 follows: 

18 (1) Not later than 1 year after the date of 

19 entry into such agreement, the Academy shall com20 plete a study focused on communities that have ex21 perienced an energy-related transition within the 

22 previous 10 years, including communities that were 

23 dependent on coal, and submit to the Congress and 

24 the Secretary a report on the results of such study. 


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1 (2) Not later than 3 years after the date of 

2 entry into such agreement, the Academy shall com3 plete a study focused on communities and industries 

4 not covered in the study under paragraph (1) that 

5 are likely to experience an energy-related transition 

6 should the United States achieve net-zero green7 house gas emissions by 2050, and submit to the 

8 Congress and the Secretary a report on the results 

9 of such study. 

10 (b) TIMING OF AGREEMENT.—The Secretary shall 

11 seek to enter into the agreement described in subsection 

12 (a) not later than 180 days after the date of the enactment 

13 of this Act. 

14 (c) REQUIREMENTS.—The study and report under 

15 paragraph (1) of subsection (a), with respect to commu16 nities described in such paragraph, and the study and re17 port under paragraph (2) of subsection (a), with respect 

18 to communities described in such paragraph, shall— 

19 (1) assess current and foreseeable trends in 

20 worker and community disruptions associated with 

21 the Nation’s transition to achieving net-zero green22 house gas emissions, and the effects of such trends 

23 on the social, economic, and other requirements of 

24 the Nation; 


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1 (2) identify types of occupations related to fos2 sil fuels that may be impacted by the Nation’s tran3 sition to achieving net-zero greenhouse gas emis4 sions, including— 

5 (A) occupations involved with— 

6 (i) the extraction of fossil fuels; 

7 (ii) the refinement of fossil fuels; 

8 (iii) the generation of electricity from 

9 fossil fuels; 

10 (iv) the production of energy-intensive 

11 industrial products; 

12 (v) the manufacture of light-, me13 dium-, and heavy-duty vehicles that utilize 

14 an internal combustion engine and other 

15 component parts for such vehicles; and 

16 (vi) the construction, operation, and 

17 maintenance of infrastructure to deliver 

18 fossil fuels for domestic use; and 

19 (B) for each type of occupation identified 

20 under subparagraph (A), estimates of— 

21 (i) the number of employees serving in 

22 each type of occupation; 

23 (ii) the locations of employees for each 

24 type of occupation; 


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1 (iii) the average wages and benefits of 

2 employees for each type of occupation; and 

3 (iv) the average age of employees for 

4 each type of occupation, including an esti5 mate of the number of employees 55 years 

6 of age or older; 

7 (3) assess impacts and potential impacts associ8 ated with the Nation’s transition to achieving net9 zero greenhouse gas emissions on workers in the 

10 types of occupations identified under paragraph (2); 

11 (4) identify skills, including professional certifi12 cations, typically associated with each type of occu13 pation identified under paragraph (2) and potential 

14 occupations utilizing the same or similar skills in in15 dustries not impacted by the Nation’s transition to 

16 achieving net-zero greenhouse gas emissions, includ17 ing an estimate of average wages and benefits for 

18 each such potential occupation; 

19 (5) identify the ages and locations of, and exist20 ing debt burdens, including debt burdens resulting 

21 from Department of Agriculture Rural Utilities 

22 Service loans, related to existing fossil fuel-powered 

23 electricity generating units; 

24 (6) identify— 


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1 (A) municipal and county governments 

2 that derive— 

3 (i) more than 25 percent of locally 

4 generated tax revenue or employment with5 in the jurisdiction of the government from 

6 industries employing workers in types of 

7 occupations identified under paragraph 

8 (2); and 

9 (ii) more than 50 percent of locally 

10 generated tax revenue or employment with11 in that jurisdiction from such industries; 

12 and 

13 (B) and assess the status and condition of 

14 communities already affected by the transition 

15 to achieving net-zero greenhouse gas emissions, 

16 that have lost significant locally generated tax 

17 revenue or employment within the past 10 

18 years; 

19 (7) assess economic development and alter20 native employment opportunities in communities 

21 identified in paragraph (6), including an assessment 

22 of existing educational, workforce development, and 

23 infrastructure assets, including transportation, en24 ergy, and digital infrastructure, near identified com25 munities; 


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1 (8) identify commonly occurring municipal and 

2 county government services and programs funded by 

3 locally generated tax revenues in communities identi4 fied in paragraph (6), including— 

5 (A) education; 

6 (B) public safety, including police and fire 

7 departments; 

8 (C) health care; 

9 (D) infrastructure; and 

10 (E) workforce development; and 

11 (9) identify potential strategies, consistent with 

12 achieving net-zero greenhouse gas emissions, to 

13 avoid future disruptions among businesses and work14 ers, including strategies to reskill workers to fill jobs 

15 in emerging and growing industries. 

16 (d) RECOMMENDATIONS.—The studies and reports 

17 under subsection (a) shall identify actions that could be 

18 taken regarding worker and community transition to net19 zero greenhouse gas emissions, including— 

20 (1) compensation packages for employees in 

21 types of occupations identified under subsection 

22 (c)(2), including— 

23 (A) transition adjustment assistance, po24 tentially including support for wages, pension, 

25 health care, and other benefits; and 


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1 (B) enabling early retirement for such em2 ployees over the age of 55; 

3 (2) training and further education for employ4 ees in occupations identified under subsection (c)(2), 

5 potentially including job placement and relocation 

6 assistance; 

7 (3) economic development and diversification of 

8 communities identified under subsection (c)(6), in9 cluding employment and development opportunities 

10 associated with environmental remediation; 

11 (4) financial assistance packages for commu12 nities identified in subsection (c)(6) to provide tem13 porary replacement of lost locally generated tax rev14 enue; and 

15 (5) recommendations for remedying deficiencies 

16 of existing programs and activities identified in sub17 section (c), which may include recommendations for 

18 Federal legislation and Executive action. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated such sums as are necessary 

21 to carry out this section. 

22 SEC. 1003. OFFICE OF ENERGY AND ECONOMIC TRANSI23 TION. 

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

25 Executive Office of the President an Office of Energy and 


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1 Economic Transition. The Office shall be led by a Director 

2 who shall be appointed by the President, to serve at the 

3 pleasure of the President, by and with the advice and con4 sent of the Senate. 

5 (b) DIRECTOR QUALIFICATIONS.—The Director shall 

6 be a person who, as a result of training, experience, and 

7 attainments, is exceptionally well qualified to— 

8 (1) appraise programs and activities of the Fed9 eral Government in light of the challenges posed to 

10 adversely affected workers and adversely affected 

11 communities; 

12 (2) be conscious of and responsive to the sci13 entific, economic, social, cultural, and pollution re14 duction needs and interests of the Nation; and 

15 (3) formulate and recommend national policies 

16 to assist workers and communities disrupted in the 

17 Nation’s transition to achieving net-zero greenhouse 

18 gas emissions. 

19 (c) COMPENSATION FOR DIRECTOR.—The annual 

20 rate of pay for the Director shall be fixed by the President 

21 at a rate that may not exceed the annual rate of pay for 

22 level II of the Executive Schedule. 

23 (d) DUTIES OF DIRECTOR.—The Director shall assist 

24 and advise the President on policies and programs of the 


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1 Federal Government affecting the Nation’s transition to 

2 achieving net-zero greenhouse gas emissions by— 

3 (1) administering the programs and activities 

4 under this title; 

5 (2) assisting and advising the President in the 

6 preparation of the Worker and Community Transi7 tion Report required under subsection (g); 

8 (3) reviewing and appraising the various pro9 grams and activities of the Federal Government re10 lated to adversely affected workers and economic de11 velopment and diversification of adversely affected 

12 communities, and making recommendations to the 

13 President with respect to such programs and activi14 ties; 

15 (4) coordinating relevant programs and activi16 ties among the relevant Federal departments and 

17 agencies through the Interagency Energy and Eco18 nomic Transition Task Force convened pursuant to 

19 section 1004; 

20 (5) coordinating across Federal departments, 

21 agencies, and other initiatives to align energy-related 

22 transition strategies with other national economic 

23 development strategies, including national manufac24 turing, infrastructure, and environmental remedi25 ation strategies; 


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1 (6) in accordance with section 1005, being re2 sponsive to and coordinating with the Stakeholder 

3 Advisory Committee established under such section; 

4 (7) creating and maintaining a website to serve 

5 as an information clearinghouse containing informa6 tion on relevant programs and activities from rel7 evant departments and agencies across the Federal 

8 Government to increase awareness of Federal pro9 grams, grants, loans, loan guarantees, and other as10 sistance and resources the Director determines may 

11 assist economic development and diversification ac12 tivities in adversely affected communities and sup13 port adversely affected workers; 

14 (8) providing assistance to adversely affected 

15 communities, including technical and financial as16 sistance, and support for capacity building and plan17 ning capabilities by adversely affected communities 

18 and community-based leaders of such communities, 

19 including assistance provided pursuant to section 

20 1006 or through community-based transition hubs 

21 pursuant to section 1007; 

22 (9) collecting, collating, analyzing, and inter23 preting data and information on adversely affected 

24 workers and economic development and diversifica25 tion of adversely affected communities; and 


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1 (10) implementing grant programs or other 

2 forms of financial and technical assistance to sup3 port adversely affected workers and the economic de4 velopment and diversification of adversely affected 

5 communities as required by this title or after deter6 mining no such similar program or assistance is 

7 being provided by a Federal agency. 

8 (e) EMPLOYMENT OF PERSONNEL, EXPERTS, AND

9 CONSULTANTS.—The Office may employ such officers and 

10 employees as may be necessary to carry out its duties 

11 under this title. In addition, the Office may employ and 

12 fix the compensation of such experts and consultants as 

13 may be necessary for carrying out such duties, in accord14 ance with section 3109 of title 5, United States Code. 

15 (f) REIMBURSEMENTS.—The Office may accept reim16 bursements from any private nonprofit organization or 

17 from any department, agency, or instrumentality of the 

18 Federal Government, any State, or local government, for 

19 the reasonable travel expenses incurred by the Director 

20 or an employee of the Office in connection with attendance 

21 at any conference, seminar, or similar meeting conducted 

22 for the benefit of the Office. 

23 (g) REPORT TO CONGRESS.—Beginning in 2023, the 

24 President shall transmit to Congress a report, to be known 


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1 as the Worker and Community Transition Report, not less 

2 than once every 2 years, which shall set forth— 

3 (1) the status and condition of workers and 

4 communities disrupted in the Nation’s transition to 

5 achieving net-zero greenhouse gas emissions, with an 

6 emphasis on economic development and diversifica7 tion activities in adversely affected communities; 

8 (2) current and foreseeable trends in worker 

9 and community disruptions associated with the Na10 tion’s transition to achieving net-zero greenhouse 

11 gas emissions, and the effects of such trends on the 

12 social, economic, and other requirements of the Na13 tion; 

14 (3) a review of the programs and activities (in15 cluding regulatory activities) of the Federal Govern16 ment, State, Tribal, and local governments, and non17 governmental entities or individuals that serve ad18 versely affected communities; 

19 (4) recommendations for remedying deficiencies 

20 of existing programs and activities described in 

21 paragraph (3), which may include recommendations 

22 for new programs and activities and legislation to 

23 authorize such programs; and 

24 (5) the expenditures of the Office in support of 

25 programs and activities authorized under this title. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as are necessary. 

4 SEC. 1004. INTERAGENCY ENERGY AND ECONOMIC TRANSI5 TION TASK FORCE. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the Director shall convene 

8 regularly a task force, to be known as the Interagency En9 ergy and Economic Transition Task Force, to enhance the 

10 coordination of relevant programs and activities intended 

11 to support adversely affected workers and adversely af12 fected communities, with an emphasis on economic devel13 opment and diversification activities in adversely affected 

14 communities. 

15 (b) COMPOSITION.—The Task Force shall be com16 prised of the following (or a designee): 

17 (1) The Secretary of Energy. 

18 (2) The Secretary of Labor. 

19 (3) The Secretary of Commerce. 

20 (4) The Secretary of Agriculture. 

21 (5) The Secretary of Health and Human Serv22 ices. 

23 (6) The Secretary of Housing and Urban Devel24 opment. 

25 (7) The Secretary of the Interior. 


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1 (8) The Secretary of Transportation. 

2 (9) The Secretary of the Treasury. 

3 (10) The Secretary of Education. 

4 (11) The Administrator of the Environmental 

5 Protection Agency. 

6 (12) The Administrator of the Small Business 

7 Administration. 

8 (13) The Director of the Office of Management 

9 and Budget. 

10 (14) The Chair of the Council on Environ11 mental Quality. 

12 (15) The Chairman of the Appalachian Re13 gional Commission. 

14 (16) Such other Federal officials as determined 

15 appropriate by the Director. 

16 (c) FUNCTIONS.—The Task Force shall— 

17 (1) report to the President through the Direc18 tor; 

19 (2) seek to enhance coordination and implemen20 tation of programs and activities related to the du21 ties of the Office of Energy and Economic Transi22 tion in order to ensure that the administration of 

23 programs, activities, and policies across Federal de24 partments and agencies are carried out in a con25 sistent and complementary manner; 


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1 (3) utilize, to the fullest extent possible, the 

2 services, facilities and information (including statis3 tical information) of public and private agencies and 

4 organizations, and individuals, in order that duplica5 tion of effort and expense may be avoided; and 

6 (4) identify, based in part on recommendations 

7 from the Stakeholder Advisory Committee estab8 lished under section 1005 and the public, opportuni9 ties to improve support for adversely affected work10 ers and adversely affected communities for relevant 

11 Federal departments and agencies to take into con12 sideration and address. 

13 (d) PUBLIC PARTICIPATION.—The Task Force 

14 shall— 

15 (1) hold public meetings or otherwise solicit 

16 public participation for the purposes of developing 

17 and coordinating policies and programs of the Fed18 eral Government related to adversely affected work19 ers and adversely affected communities in the Na20 tion’s transition to achieving net-zero greenhouse 

21 gas emissions; and 

22 (2) publish a summary of any comments and 

23 recommendations provided pursuant to paragraph 

24 (1). 


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1 SEC. 1005. STAKEHOLDER ADVISORY COMMITTEE. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, the Director shall establish 

4 a committee, to be known as the Stakeholder Advisory 

5 Committee, to consult with representatives of adversely af6 fected communities, adversely affected workers, industry, 

7 labor unions, economic development experts, State, local, 

8 and Tribal governments, and other organizations and indi9 viduals, as determined appropriate by the Director, to ad10 dress the needs of workers and communities affected by 

11 the Nation’s energy transition to net-zero greenhouse gas 

12 emissions. 

13 (b) MEMBERSHIP.—The Stakeholder Advisory Com14 mittee shall be comprised of members who have knowledge 

15 of, or experience relating to, workers and communities ad16 versely affected by the Nation’s energy transition to net17 zero greenhouse gas emissions, with an emphasis on eco18 nomic development and diversification activities in ad19 versely affected communities, and shall include— 

20 (1) representatives from labor unions, including 

21 at least one representative from— 

22 (A) the mining sector; 

23 (B) the electricity generation sector; 

24 (C) the manufacturing sector; and 

25 (D) the transportation sector; 


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1 (2) community leaders from adversely affected 

2 communities, including community leaders from 

3 Tribal and indigenous communities; 

4 (3) representatives from State, Tribal, and local 

5 governments; 

6 (4) experts in economic development; 

7 (5) experts in workforce development; 

8 (6) representatives from nongovernmental orga9 nizations, including environmental organizations; 

10 and 

11 (7) representatives from the private sector. 

12 (c) RESPONSIBILITIES.—The Stakeholder Advisory 

13 Committee shall provide independent advice and rec14 ommendations to the Director with respect to issues relat15 ing to the duties of the Office of Energy and Economic 

16 Transition, including— 

17 (1) improving participation, cooperation, and 

18 communication between the Office and adversely af19 fected communities; 

20 (2) recommending lessons learned and best 

21 practices from communities, regions, and countries 

22 that have gone through, are going through, or are 

23 planning for an energy-related economic transition; 

24 (3) supporting community-based public meet25 ings, as described in subsection (f); 


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1 (4) soliciting and receiving feedback from com2 munity-based transition hubs receiving grants pursu3 ant to section 1007; and 

4 (5) producing a report within 2 years of estab5 lishment, and every 2 years thereafter, and make 

6 recommendations, including actions that could be 

7 taken under executive authority and new legislation. 

8 (d) RECOMMENDATIONS FROM THE STAKEHOLDER

9 ADVISORY COMMITTEE.—The Director shall provide a 

10 written response to each recommendation submitted in a 

11 report under subsection (c) to the Director by the Stake12 holder Advisory Committee by not later than 180 days 

13 after the date of submission of such report. 

14 (e) COMMITTEE MEETINGS.— 

15 (1) IN GENERAL.—The Stakeholder Advisory 

16 Committee shall meet not less frequently than 3 

17 times each calendar year. 

18 (2) OPEN TO PUBLIC.—Each meeting of the 

19 Stakeholder Advisory Committee shall be held open 

20 to the public. 

21 (3) DUTIES OF THE DIRECTOR.—The Director 

22 (or a designee) shall— 

23 (A) be present at each meeting of the 

24 Stakeholder Advisory Committee; 


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1 (B) ensure that each meeting is conducted 

2 in accordance with an agenda approved in ad3 vance by the Director; 

4 (C) provide an opportunity for interested 

5 persons— 

6 (i) to file comments before or after 

7 each meeting of the Stakeholder Advisory 

8 Committee; or 

9 (ii) to make statements at such a 

10 meeting, to the extent that time permits; 

11 and 

12 (D) ensure that a high-level representative 

13 from each department and agency from the 

14 Interagency Energy and Economic Transition 

15 Task Force convened pursuant to section 1004 

16 are invited to, and encouraged to attend, each 

17 meeting of the Stakeholder Advisory Com18 mittee. 

19 (f) PUBLIC MEETINGS.— 

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

21 the date of enactment of this Act, and each year 

22 thereafter, the Director, in coordination with the 

23 Stakeholder Advisory Committee, shall hold public 

24 meetings to gather input with respect to the duties 


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1 of the Office of Energy and Economic Transition 

2 and implementation of this title. 

3 (2) OUTREACH TO ADVERSELY AFFECTED COM4 MUNITIES.—The Director, in advance of the meet5 ings described in subsection (a), shall hold meetings 

6 in multiple adversely affected communities to pro7 vide meaningful community involvement opportuni8 ties. 

9 (3) COORDINATION WITH COMMUNITY-BASED

10 TRANSITION HUBS.—The Director, in advance of the 

11 meetings described in subsection (a), shall coordi12 nate and solicit comments from entities receiving 

13 grants under section 1007. 

14 (g) TRAVEL EXPENSES.—A member of the Stake15 holder Advisory Committee may be allowed travel ex16 penses, including per diem in lieu of subsistence, at such 

17 rate as the Director determines to be appropriate while 

18 away from the home or regular place of business of the 

19 member in the performance of the duties of the Stake20 holder Advisory Committee, including participation in a 

21 public meeting pursuant to subsection (f). 

22 (h) DURATION.—The Stakeholder Advisory Com23 mittee shall remain in existence unless otherwise provided 

24 by law. 


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1 SEC. 1006. ASSISTANCE FOR ADVERSELY AFFECTED COM2 MUNITIES. 

3 (a) IN GENERAL.—The Director shall establish a pro4 gram to provide assistance to eligible local government en5 tities, including making payments to temporarily replace 

6 eligible local revenues of such entities. 

7 (b) REQUIREMENTS.—In implementing the program 

8 in subsection (a), the Director shall— 

9 (1) identify problems of counties, regions, met10 ropolitan areas, Tribal governments, and commu11 nities that result from the cessation of operations by 

12 impacted employers; 

13 (2) use and maintain a uniform socioeconomic 

14 impact analysis; 

15 (3) apply consistent policies, practices, and pro16 cedures in the administration of Federal programs 

17 that are used to assist counties, Tribal governments, 

18 regions, metropolitan areas, communities, and busi19 nesses; 

20 (4) encourage effective Federal, State, Tribal, 

21 county, regional, metropolitan, and community co22 operation and involvement of public interest groups, 

23 labor organizations, and private sector organizations 

24 in community adjustment activities; 

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1 gional, metropolitan, and community officials in2 volved in community adjustment activities. Such in3 formation may include reports, studies, best prac4 tices, technical information, and sources of public 

5 and private financing; and 

6 (6) support planning activities of counties, 

7 Tribal governments, regions, metropolitan areas, and 

8 communities to promote diversification of local 

9 economies. 

10 (c) COMMUNITY ADJUSTMENTS TO ELIGIBLE LOCAL

11 GOVERNMENT ENTITIES.—The Director shall make an12 nual payments under this section to eligible local govern13 ment entities to replace eligible local revenues due to the 

14 cessation of operations by impacted employers located 

15 within the jurisdiction of such local government entities. 

16 (d) ORDER OF PAYMENT.—The date of submission 

17 of an eligible local government entity’s application for as18 sistance shall establish the order in which assistance is 

19 paid to program applicants, except that in no event shall 

20 assistance be paid to a local government entity until such 

21 time that an impacted employer has been closed. Any local 

22 government entity seeking assistance under this section 

23 shall submit an affidavit to the Director that an impacted 

24 employer has ceased operating and an estimation of eligi25 ble local revenues. After receipt of such an affidavit under 


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1 this subsection, the Director shall confirm such informa2 tion. 

3 (e) CONDITIONS ON PAYMENTS AND ASSISTANCE.— 

4 An eligible local government entity shall— 

5 (1) be eligible for not more than one payment 

6 each fiscal year under this section; and 

7 (2) not receive payments under this section for 

8 more than 8 fiscal years. 

9 (f) DETERMINATION OF PAYMENT AMOUNT.—The 

10 amount of a payment under this section shall be deter11 mined by the Director based on the eligible local revenues 

12 from one or more impacted employer to an eligible local 

13 government entity equal to— 

14 (1) 90 percent of eligible local revenues in the 

15 first and second years; 

16 (2) 75 percent of eligible local revenues in the 

17 third and fourth years; 

18 (3) 50 percent of eligible local revenues in the 

19 fifth and sixth years; and 

20 (4) 25 percent of eligible local revenues in the 

21 seventh and eighth years. 

22 (g) ADJUSTMENT OF PAYMENT AMOUNTS.—Not23 withstanding subsection (f), if the Director determines 

24 that the total amount of payments to eligible local govern25 ment entities in any year would exceed the amount of 


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1 funding made available to carry out this section for that 

2 year, the Director may reduce each eligible local govern3 ment entity’s payment on a pro rata basis. 

4 (h) REPORT TO THE DIRECTOR.—An eligible local 

5 government entity receiving payment under this section 

6 shall be required to submit an annual report to the Direc7 tor explaining the use of payments, including a description 

8 of funding used for— 

9 (1) infrastructure; 

10 (2) telecommunications; 

11 (3) education; 

12 (4) health care; 

13 (5) public safety, including police, fire, emer14 gency response, or other community support serv15 ices; 

16 (6) drinking water and wastewater services; 

17 (7) economic development and diversification; 

18 (8) employment training, counseling, and place19 ment services for dislocated workers; and 

20 (9) counseling and other social services for dis21 located workers. 

22 (i) COMMUNITY ADJUSTMENTS, ECONOMIC DEVEL23 OPMENT, AND ECONOMIC DIVERSIFICATION PLANNING.— 

24 The Director may make grants and supplement other Fed25 eral funds in order to assist a county, municipality, school 


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1 district, special district, or Tribal government in planning 

2 for community adjustments, economic development, and 

3 economic diversification even if such entity is not currently 

4 eligible for assistance under this section if the Director 

5 determines that there exists a reasonable likelihood that 

6 such entity may become eligible in the future. 

7 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary for carrying out this section. 

10 (k) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE LOCAL GOVERNMENT ENTITY.— 

12 The term ‘‘eligible local government entity’’ means a 

13 county, municipality, school district, special district, 

14 or Tribal government that has one or more impacted 

15 employer located within the jurisdiction of such enti16 ty that has ceased operations within the two years 

17 prior to submitting an application to the Director, 

18 resulting in at least a 25 percent reduction in total 

19 revenues from the real property tax collections, roy20 alties, lease payments, transaction privilege taxes 

21 and sales taxes, or payments in lieu of taxes owed 

22 to such entity. 

23 (2) ELIGIBLE LOCAL REVENUES.—The term 

24 ‘‘eligible local revenues’’ means the amount of real 

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1 action privilege taxes and sales taxes, and payments 

2 in lieu of taxes owed by one or more impacted em3 ployers to a county, municipality, school district, 

4 special district, or Tribal government, based on the 

5 average annual amount owed by such an impacted 

6 employer for the 3 years prior to the cessation of op7 erations by such impacted employer. 

8 SEC. 1007. COMMUNITY-BASED TRANSITION HUB PROGRAM. 

9 (a) IN GENERAL.—The Director shall establish a pro10 gram to award grants to entities described in subsection 

11 (b), to be known as Community-Based Transition Hubs, 

12 to carry out the activities described in subsection (d). 

13 (b) ELIGIBILITY.—To be eligible to receive a grant 

14 under subsection (a), an entity shall demonstrate to the 

15 Director that the entity— 

16 (1) has existing relationships, or could readily 

17 establish relationships, with local employers and em18 ployees, local county, municipal, and Tribal govern19 ments, local and regional economic development and 

20 planning organizations, workforce development, edu21 cational, and job training resources, economic devel22 opment organizations, community organizations that 

23 provide social services, and other organizations de24 termined appropriate by the Director; 


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1 (2) is capable of carrying out the duties de2 scribed in subsection (d); 

3 (3) can meet the standards described in sub4 section (e); and 

5 (4) can provide information consistent with the 

6 standards developed under subsection (f). 

7 (c) PRIORITY.—In awarding grants under this sec8 tion, the Director shall prioritize grants to entities located 

9 in communities that— 

10 (1) receive assistance under section 1006; or 

11 (2) the Director determines there is a reason12 able likelihood may receive assistance under section 

13 1006 within 5 years. 

14 (d) DUTIES.—An entity that receives a grant under 

15 this section shall— 

16 (1) coordinate with the Office of Energy and 

17 Economic Transition and relevant Federal depart18 ments and agencies regarding the latest information, 

19 financial and technical assistance opportunities, and 

20 best practices to support workers and communities 

21 adversely affected by the Nation’s energy transition 

22 to net-zero greenhouse gas emissions; 

23 (2) provide capacity-building support and tech24 nical assistance, including grant writing assistance, 

25 to local leaders and organizations, including elected 


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1 leaders, community leaders, business owners, and 

2 labor leaders, to facilitate community-driven plan3 ning processes and on-going program development 

4 and implementation related to assistance to dis5 placed workers and economic development and diver6 sification; 

7 (3) advise communities that apply for assist8 ance under this title or under other Federal and 

9 State programs, including providing guidance on the 

10 procedures and deadlines for applying or petitioning 

11 for such assistance; 

12 (4) conduct public education activities, includ13 ing outreach to adversely affected workers with re14 spect to services and assistance available through 

15 local, State, and Federal programs; 

16 (5) provide information related to, and when 

17 appropriate, facilitate enrollment in— 

18 (A) training, employment counseling, em19 ployment opportunities, and placement services 

20 for adversely affected workers, available in local 

21 and regional areas, including information on 

22 how to apply for such training and services; 

23 (B) training programs and other services 

24 provided by a State pursuant to title I of the 

25 Workforce Investment Act of 1998 (29 U.S.C. 


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1 2801 et seq.) and available in local and regional 

2 areas, including information on how to apply 

3 for such training; 

4 (C) educational opportunities and informa5 tion related financial aid, including referring 

6 workers to educational opportunity centers de7 scribed in section 402F of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1070a–16), 

9 where applicable; 

10 (D) short-term prevocational services, in11 cluding development of learning skills, commu12 nications skills, interviewing skills, personal 

13 maintenance skills, and professional conduct to 

14 prepare individuals for employment or training; 

15 and 

16 (E) support services in local and regional 

17 areas, including services related to childcare, 

18 personal counseling (including substance abuse 

19 treatment, suicide prevention, and mental 

20 health care), family counseling, bankruptcy and 

21 financial counseling, transportation, dependent 

22 care, housing assistance, and need-related pay23 ments; 

24 (6) provide individual employment counseling 

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1 ment of an individual employment plan to identify 

2 employment goals and objectives, and appropriate 

3 training to achieve those goals and objectives, or in4 formation to obtain such counseling in local and re5 gional areas; 

6 (7) provide employment statistics information, 

7 including the provision of accurate information relat8 ing to local, regional, and national labor market 

9 areas, including— 

10 (A) job vacancy listings in such labor mar11 ket areas; 

12 (B) information on jobs skills necessary to 

13 obtain jobs identified in job vacancy listings de14 scribed in subparagraph (A); 

15 (C) information relating to local occupa16 tions that are in demand and earnings potential 

17 of such occupations; and 

18 (D) skills requirements for local occupa19 tions described in subparagraph (C); and 

20 (8) provide information in a manner that is cul21 turally and linguistically appropriate to the needs of 

22 the population being served. 

23 (e) STANDARDS.—The Director shall establish stand24 ards for grant recipients under this section, including pro25 visions to ensure that any entity that receives a grant is 


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1 qualified to engage in the activities described in this sec2 tion. 

3 (f) FAIR AND IMPARTIAL INFORMATION AND SERV4 ICES.—The Director, in consultation with States, Tribal 

5 governments, and relevant Federal agencies, shall develop 

6 standards to ensure that information made available by 

7 grant recipients under this section is accurate and shall 

8 provide such entities with relevant information and tech9 nical assistance to enable grant recipients under this sec10 tion to better perform the duties in subsection (d). 

11 (g) LIMITATIONS ON GRANTS.— 

12 (1) PERIOD.—In carrying out this section, the 

13 Director shall ensure that the total period of a grant 

14 does not exceed 6 years. 

15 (2) AMOUNT.—In carrying out this section, the 

16 Director shall ensure that the total amount awarded 

17 to an entity during the total period of the grant does 

18 not exceed $12,000,000. 

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated such sums as are necessary 

21 for carrying out this section. 

Æ 


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