II 

Calendar No. 386 

116TH CONGRESS 

1ST SESSION S. 2399 

To amend the Energy Policy Act of 2005 to improve State loan eligibility 

for projects for innovative technologies. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2019 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

DECEMBER 18, 2019 

Reported by Ms. MURKOWSKI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Energy Policy Act of 2005 to improve State 

loan eligibility for projects for innovative technologies. 

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

3 SECTION 1. STATE LOAN ELIGIBILITY. 

4 (a) DEFINITIONS.—Section 1701 of the Energy Pol5 icy Act of 2005 (42 U.S.C. 16511) is amended by adding 

6 at the end the following: 


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1 ‘‘(6) STATE.—The term ‘State’ has the mean2 ing given the term in section 202 of the Energy 

3 Conservation and Production Act (42 U.S.C. 6802). 

4 ‘‘(7) STATE ENERGY FINANCING INSTITU5 TION.— 

6 ‘‘(A) IN GENERAL.—The term ‘State en7 ergy financing institution’ means a quasi-inde8 pendent entity or an entity within a State agen9 cy or financing authority established by a 

10 State— 

11 ‘‘(i) to provide financing support or 

12 credit enhancements, including loan guar13 antees and loan loss reserves, for eligible 

14 projects; and 

15 ‘‘(ii) to create liquid markets for eligi16 ble projects, including warehousing and 

17 securitization, or take other steps to reduce 

18 financial barriers to the deployment of ex19 isting and new eligible projects. 

20 ‘‘(B) INCLUSION.—The term ‘State energy 

21 financing institution’ includes an entity or orga22 nization established to achieve the purposes de23 scribed in clauses (i) and (ii) of subparagraph 

24 (A) by an Indian Tribal entity or an Alaska 

25 Native Corporation.’’. 


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1 (b) TERMS AND CONDITIONS.—Section 1702 of the 

2 Energy Policy Act of 2005 (42 U.S.C. 16512) is amend3 ed— 

4 (1) in subsection (a), by inserting ‘‘, including 

5 projects receiving financial support or credit enhance6 ments from a State energy financing institution,’’ 

7 after ‘‘for projects’’; 

8 (2) in subsection (d)(1), by inserting ‘‘, includ9 ing a guarantee for a project receiving financial sup10 port or credit enhancements from a State energy fi11 nancing institution,’’ after ‘‘No guarantee’’; and 

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

13 (1) in subsection (a), by inserting ‘‘or to a 

14 State energy financing institution’’ after ‘‘for 

15 projects’’; and 

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

17 ‘‘(l) STATE ENERGY FINANCING INSTITUTIONS.— 

18 ‘‘(1) ELIGIBILITY.—To be eligible for a guar19 antee under this title, a State energy financing insti20 tution— 

21 ‘‘(l) STATE ENERGY FINANCING INSTITUTIONS.— 

22 ‘‘(1) ELIGIBILITY.—To be eligible for a guar23 antee under this title, a project receiving financial 

24 support or credit enhancements from a State energy 

25 financing institution— 


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1 ‘‘(A) shall meet the requirements of section 

2 1703(a)(1); and 

3 ‘‘(B) shall not be required to meet the re4 quirements of section 1703(a)(2). 

5 ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car6 rying out a project receiving a loan guarantee under 

7 this title, State energy financing institutions may 

8 enter into partnerships with private entities, Tribal 

9 entities, and Alaska Native corporations. 

10 ‘‘(3) PROHIBITION ON USE OF APPROPRIATED

11 FUNDS.—Amounts appropriated to the Department 

12 of Energy before the date of enactment of this sub13 section shall not be available to be used for the cost 

14 of loan guarantees made to State energy financing 

15 institutions under this subsection.’’. 


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Calendar No. 386 

116TH CONGRESS 

1ST SESSION S. 2399 

A BILL 

To amend the Energy Policy Act of 2005 to imvative technologies. prove State loan eligibility for projects for innoDECEMBER 18, 2019 

Reported with amendments 


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