II 

111TH CONGRESS 

2D SESSION S. 3631 

To encourage innovation to create clean technologies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2010 

Mrs. MURRAY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To encourage innovation to create clean technologies, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Clean Energy Works Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ENCOURAGING INNOVATION TO CREATE CLEAN 

TECHNOLOGIES 

Sec. 101. State energy programs. 

Sec. 102. ARPA–E amendments. 

TITLE II—PREPARING A CLEAN ENERGY WORKFORCE 


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Sec. 201. Definitions. 

Sec. 202. Regional energy alliance skills grants. 

Sec. 203. Regional industry energy efficiency grants. 

Sec. 204. Customized low carbon energy training grants. 

Sec. 205. Authorization of appropriations. 

TITLE III—MISCELLANEOUS 

Sec. 301. Clarification of application of grants for specified energy property to 

certain regulated companies. 

Sec. 302. Applicability of reporting requirements. 

1 TITLE I—ENCOURAGING INNO2 VATION TO CREATE CLEAN 

3 TECHNOLOGIES 

4 SEC. 101. STATE ENERGY PROGRAMS. 

5 (a) ALLOCATION.—Section 363(b)(3) of the Energy 

6 Policy and Conservation Act (42 U.S.C. 6323(b)(3)) is 

7 amended— 

8 (1) by redesignating subparagraphs (A), (B), 

9 and (C) as clauses (i), (ii), and (iii), respectively, 

10 and indenting appropriately; 

11 (2) in the matter preceding clause (i) (as redes12 ignated by paragraph (1)), by striking ‘‘(3) In deter13 mining’’ and inserting the following: 

14 ‘‘(3) DETERMINATION OF FEDERAL FINANCIAL

15 ASSISTANCE.— 

16 ‘‘(A) IN GENERAL.—In determining’’; and 

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

18 ‘‘(B) ALLOCATION.— 

19 ‘‘(i) IN GENERAL.—For each fiscal 

20 year, if the funds made available to the 


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1 Secretary to carry out this part exceed 

2 $25,500,000— 

3 ‘‘(I) $25,500,000 shall be allo4 cated to each participating State in 

5 accordance with the table contained in 

6 section 420.11 of title 10, Code of 

7 Federal Regulations (as in effect on 

8 the date of enactment of this subpara9 graph); and 

10 ‘‘(II) any additional amount shall 

11 be allocated in accordance with clause 

12 (ii). 

13 ‘‘(ii) ALLOCATION OF EXCESS

14 FUNDS.—An amount described in clause 

15 (i)(II) shall be allocated to each partici16 pating State as follows: 

17 ‘‘(I) One-third of the amount 

18 shall be divided equally among the 

19 participating States. 

20 ‘‘(II) One-third of the amount 

21 shall be distributed ratably among the 

22 participating States based on the pop23 ulation of each participating State, as 

24 contained in the most recent reliable 

25 census data available from the Bureau 


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1 of the Census of the Department of 

2 Commerce, for all participating States 

3 at the time at which the Secretary 

4 calculates the formula for distribution. 

5 ‘‘(III) One third of the amount 

6 shall be distributed ratably among the 

7 participating States, to each partici8 pating State that, by State law, has— 

9 ‘‘(aa) established energy ef10 ficiency as the first priority in 

11 utility energy planning; and 

12 ‘‘(bb) developed energy effi13 ciency resource standards, or a 

14 renewable portfolio standard (or 

15 equivalent) that includes energy 

16 efficiency as an eligible resource 

17 to meet the guidelines under sec18 tion 362.’’. 

19 (b) USE OF FUNDS.—Section 363 of the Energy Pol20 icy and Conservation Act (42 U.S.C. 6323) is amended 

21 by adding at the end the following: 

22 ‘‘(g) USE OF FUNDS.— 

23 ‘‘(1) IN GENERAL.—For each fiscal year, each 

24 participating State that receives an amount of funds 


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under this section shall use not less than 1 1 ⁄3 of the 

2 amount to provide grants and loans— 

3 ‘‘(A) for renewable energy development; 

4 ‘‘(B) to energy technology companies; or 

5 ‘‘(C) to promote energy efficiency. 

6 ‘‘(2) STATE COST-SHARING.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), each participating State that re9 ceives an amount of funds under this section 

10 shall pay 20 percent of the costs of each activ11 ity carried out under the grant. 

12 ‘‘(B) DEFERRAL.—The State cost-share 

13 described in subparagraph (A) may be deferred 

14 for not more than 5 years, at the discretion of 

15 the Secretary. 

16 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to carry out this part 

18 $1,500,000,000 for each of fiscal years 2011 through 

19 2016.’’. 

20 SEC. 102. ARPA–E AMENDMENTS. 

21 Section 5012 of the America COMPETES Act (42 

22 U.S.C. 16538) is amended— 

23 (1) in subsection (c)(2)— 

24 (A) in subparagraph (A), by inserting 

25 ‘‘and applied’’ after ‘‘advances in fundamental’’; 


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1 (B) by striking ‘‘and’’ at the end of sub2 paragraph (B); 

3 (C) by striking the period at the end of 

4 subparagraph (C) and inserting ‘‘; and’’; and 

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

6 ‘‘(D) promoting the commercial application 

7 of advanced energy technologies.’’; 

8 (2) in subsection (e)— 

9 (A) in paragraph (3)— 

10 (i) by striking subparagraph (C) and 

11 inserting the following: 

12 ‘‘(C) research and development of ad13 vanced manufacturing process and technologies 

14 for the domestic manufacturing of novel energy 

15 technologies; and’’; and 

16 (ii) by striking ‘‘and’’ at the end of 

17 subparagraph (D); 

18 (B) by striking the period at the end of 

19 paragraph (4) and inserting ‘‘; and’’; and 

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

21 ‘‘(5) pursuant to subsection (c)(2)(C)— 

22 ‘‘(A) ensuring that applications for funding 

23 disclose the extent of current and prior efforts, 

24 including monetary investments as appropriate, 


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1 in pursuit of the technology area for which 

2 funding is being requested; 

3 ‘‘(B) adopting measures to ensure that, in 

4 making awards, program managers adhere to 

5 the objectives described in subsection (c)(2)(C); 

6 and 

7 ‘‘(C) providing as part of the annual report 

8 required by subsection (h)(1), a summary of the 

9 instances of and reasons for ARPA–E funding 

10 projects in technology areas already being un11 dertaken by industry.’’; 

12 (3) by redesignating subsections (f) through 

13 (m) as subsections (g), (h), (i), (j), (l), (m), (n), and 

14 (o), respectively; 

15 (4) by inserting after subsection (e) the fol16 lowing new subsection: 

17 ‘‘(f) AWARDS.— 

18 ‘‘(1) IN GENERAL.—In carrying out this sec19 tion, the Director may initiate and execute awards 

20 in the form of grants, contracts, cooperative agree21 ments, cash prizes, and other transactions. 

22 ‘‘(2) CONSIDERATIONS.—The Director shall 

23 make awards under this section that are designed— 


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1 ‘‘(A) to overcome the long-term and high2 risk barriers to the goals and means described 

3 in subsection (c); and 

4 ‘‘(B) to facilitate submissions, where pos5 sible, by small businesses and entrepreneurs, 

6 pursuant to announcements published not less 

7 frequently than annually, of funding opportuni8 ties for— 

9 ‘‘(i) specific areas of technological in10 novation; and 

11 ‘‘(ii) broadly defined areas of science 

12 and technology, to remain open for periods 

13 of one year.’’; 

14 (5) in subsection (g) (as redesignated by para15 graph (3))— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as paragraphs (2) and (3), respectively; 

18 (B) by inserting before paragraph (2) (re19 designated by subparagraph (A)) the following: 

20 ‘‘(1) IN GENERAL.—The Director shall establish 

21 and maintain within ARPA–E a staff with sufficient 

22 qualifications and expertise to enable ARPA–E to 

23 carry out the responsibilities of ARPA–E under this 

24 section, in conjunction with the operations of the 

25 rest of the Department.’’; 


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1 (C) in paragraph (2) (as redesignated by 

2 subparagraph (A))— 

3 (i) in the paragraph heading, by strik4 ing ‘‘PROGRAM MANAGERS’’ and inserting 

5 ‘‘PROGRAM DIRECTORS’’; 

6 (ii) in subparagraph (A)— 

7 (I) by striking ‘‘program man8 agers’’ and inserting ‘‘program direc9 tors’’; and 

10 (II) by striking ‘‘each of’’; 

11 (iii) in subparagraph (B)— 

12 (I) by striking ‘‘program man13 ager’’ and inserting ‘‘program direc14 tor’’; 

15 (II) in clause (iv), by striking ‘‘, 

16 with advice under subsection (j) as 

17 appropriate,’’; 

18 (III) by redesignating clauses (v) 

19 and (vi) as clauses (vi) and (viii), re20 spectively; 

21 (IV) by inserting after clause (iv) 

22 the following: 

23 ‘‘(v) identifying innovative cost-shar24 ing arrangements for ARPA–E projects, 

25 including through use of the authority 


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1 under section 988(b)(3) of the Energy Pol2 icy Act of 2005 (42 U.S.C. 16352(b)(3));’’; 

3 (V) in clause (vi) (as redesig4 nated by subclause (III)), by striking 

5 ‘‘; and’’ and inserting a semicolon; 

6 and 

7 (VI) by inserting after clause (vi) 

8 (as redesignated by subclause (III)), 

9 the following: 

10 ‘‘(vii) identifying mechanisms for com11 mercial application of successful energy 

12 technology development projects, including 

13 through the establishment of partnerships 

14 between awardees and commercial entities; 

15 and’’; 

16 (iv) in subparagraph (C), by inserting 

17 ‘‘up to’’ after ‘‘shall be’’; 

18 (D) in subparagraph (B) of paragraph (3) 

19 (as redesignated by subparagraph (A)), by 

20 striking ‘‘not less than 70, and not more than 

21 120,’’ and inserting ‘‘not more than 120’’; and 

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

23 ‘‘(4) FELLOWSHIPS.— 

24 ‘‘(A) IN GENERAL.—The Director may se25 lect exceptional early-career and senior sciVerDate Mar 15 2010 21:28 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3631.IS S3631

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1 entific, legal, business, and technical personnel 

2 to serve as fellows to work at ARPA–E for 

3 terms not to exceed 2 years. 

4 ‘‘(B) RESPONSIBILITIES.—Responsibilities 

5 of fellows may include— 

6 ‘‘(i) supporting program directors in 

7 program creation, design, implementation, 

8 and management; 

9 ‘‘(ii) exploring technical fields for fu10 ture ARPA–E program areas; 

11 ‘‘(iii) assisting the Director in the cre12 ation of the strategic vision for ARPA–E 

13 referred to in subsection (h)(2); 

14 ‘‘(iv) preparing energy technology and 

15 economic analyses; and 

16 ‘‘(v) any other appropriate responsibil17 ities identified by the Director.’’; 

18 (6) in subsection (h)(2) (as redesignated by 

19 paragraph (3))— 

20 (A) by striking ‘‘2008’’ and inserting 

21 ‘‘2010’’; and 

22 (B) by striking ‘‘2011’’ and inserting 

23 ‘‘2015’’; 

24 (7) by striking subsection (j) (as redesignated 

25 by paragraph (3)), and inserting the following: 


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1 ‘‘(j) FEDERAL DEMONSTRATION OF TECH2 NOLOGIES.—The Director shall seek opportunities to part3 ner with purchasing and procurement programs of Federal 

4 agencies to demonstrate energy technologies resulting 

5 from activities funded through ARPA–E.’’; 

6 (8) by inserting after subsection (j) the fol7 lowing: 

8 ‘‘(k) EVENTS.— 

9 ‘‘(1) IN GENERAL.—The Director may convene, 

10 organize, and sponsor events that further the objec11 tives of ARPA–E, including events that assemble 

12 awardees, the most promising applicants for ARPA– 

13 E funding, and a broad range of ARPA–E stake14 holders (which may include members of relevant sci15 entific research and academic communities, govern16 ment officials, financial institutions, private inves17 tors, entrepreneurs, and other private entities), for 

18 the purposes of— 

19 ‘‘(A) demonstrating projects of ARPA–E 

20 awardees; 

21 ‘‘(B) demonstrating projects of finalists for 

22 ARPA–E awards and other energy technology 

23 projects; 

24 ‘‘(C) facilitating discussion of the commer25 cial application of energy technologies developed 


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1 under ARPA–E and other government-spon2 sored research and development programs; or 

3 ‘‘(D) any other purposes that the Director 

4 determines to be appropriate. 

5 ‘‘(2) TECHNOLOGY TRANSFER.—Funding for 

6 activities described in paragraph (1) shall be pro7 vided as part of the technology transfer and out8 reach activities under subsection (o)(4)(B).’’; 

9 (9) in subsection (m) (as redesignated by para10 graph (3))— 

11 (A) in paragraph (1), by striking ‘‘4 

12 years’’ and inserting ‘‘5 years’’; and 

13 (B) in paragraph (2)(B), by inserting ‘‘, 

14 and how those lessons may apply to the oper15 ation of other programs within the Department 

16 of Energy’’ after ‘‘ARPA–E’’; and 

17 (10) in subsection (o), as so redesignated by 

18 paragraph (3)— 

19 (A) by striking paragraph (2) and insert20 ing the following: 

21 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

22 Subject to paragraph (4), there is authorized to be 

23 appropriated to the Director for deposit in the Fund 

24 $1,000,000,000 for each of fiscal years 2011 

25 through 2016.’’ 


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1 (B) by striking paragraph (4); 

2 (C) by redesignating paragraph (5) as 

3 paragraph (4); and 

4 (D) in subparagraph (B) of paragraph (4) 

5 (as redesignated by subparagraph (C))— 

6 (i) by striking ‘‘2.5 percent’’ and in7 serting ‘‘5 percent’’; and 

8 (ii) by inserting ‘‘, consistent with the 

9 goal described in subsection (c)(2)(D) and 

10 within the responsibilities of program di11 rectors as specified in subsection 

12 (g)(2)(B)(vii)’’ after ‘‘outreach activities’’. 

13 TITLE II—PREPARING A CLEAN 

14 ENERGY WORKFORCE 

15 SEC. 201. DEFINITIONS. 

16 In this title: 

17 (1) IN GENERAL.—The terms ‘‘institution of 

18 higher education’’, ‘‘local area’’, ‘‘local board’’, ‘‘Sec19 retary’’, ‘‘State’’, and ‘‘State board’’ have the mean20 ings given to the terms in section 101 of the Work21 force Investment Act of 1998 (29 U.S.C. 2801). 

22 (2) CAREER PATHWAY.—The term ‘‘career 

23 pathway’’ means a high-quality, rigorous, and rel24 evant set of education, training, and workplace 

25 courses and experiences that— 


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1 (A) is aligned with the skill needs of an in2 dustry in a regional economy; 

3 (B) includes the full range of secondary or 

4 postsecondary education options, including reg5 istered apprenticeships; 

6 (C) includes academic and career coun7 seling and supports the development of individ8 ualized career plans; 

9 (D) includes integrated education and 

10 training services, as appropriate; 

11 (E) helps workers enter or advance within 

12 a specific sector or occupational field; 

13 (F) leads to the attainment of a degree or 

14 industry-recognized credential; and 

15 (G) has the goal of increasing the edu16 cational and skills attainment, and employment 

17 outcomes, of individuals. 

18 (3) IDENTIFIED INDUSTRY.—The term ‘‘identi19 fied industry’’ means an industry that supports low 

20 carbon energy sources and that is identified in a 

21 grant application submitted under this title. 

22 SEC. 202. REGIONAL ENERGY ALLIANCE SKILLS GRANTS. 

23 (a) PURPOSE.—The purpose of this section is to in24 crease the availability of highly skilled workers qualified 

25 for careers, leading to economic self-sufficiency of the 


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1 United States, in low carbon energy industries, including 

2 careers in the production, transmission, or distribution of 

3 low carbon energy, by— 

4 (1) developing industry-recognized skill stand5 ards in critical occupations; 

6 (2) enhancing the awareness and use of indus7 try-recognized skill standards and credentials, exist8 ing as of the date of enactment of this Act; or 

9 (3) developing career pathways on the basis of 

10 industry-recognized skill standards and credentials. 

11 (b) GENERAL AUTHORITY.—Using funds authorized 

12 under section 205, the Secretary shall award regional en13 ergy alliance skills grants on a competitive basis to eligible 

14 entities. 

15 (c) USE OF FUNDS.— 

16 (1) IN GENERAL.—An eligible entity that re17 ceives such a grant shall use the grant funds to pay 

18 for the Federal share of the cost of supporting inno19 vative strategies to prepare workers for employment, 

20 with the skills required by an identified industry 

21 within States or multi-State areas. 

22 (2) REQUIRED ACTIVITIES.—The eligible entity 

23 shall use the grant funds to— 

24 (A) refine workforce strategic plans for the 

25 identified industry, including the identification 


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1 of occupations critical to the identified industry 

2 and the skills and credentials necessary for 

3 workers in those occupations; 

4 (B) develop or refine industry-recognized 

5 skill standards and credentials for occupations 

6 critical to the industry, including occupations 

7 on which the competitive success of the industry 

8 depends; 

9 (C) integrate such skill standards and cre10 dentials into curricula at secondary schools and 

11 institutions of higher education to support in12 dustry-recognized credential programs; 

13 (D) establish, adopt, or expand career 

14 pathways for occupations supporting an identi15 fied industry, using the skill standards and cre16 dentials developed and refined under subpara17 graph (B); and 

18 (E) establish workforce development pro19 grams and activities to meet the long-term 

20 needs of the identified industry and complement 

21 programs and services administered by State 

22 boards and local boards. 

23 (3) ALLOWABLE ACTIVITIES.—The eligible enti24 ty may use the funds to carry out 1 or more of the 

25 following: 


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1 (A) Implement career awareness activities, 

2 focused on occupations critical to the identified 

3 industry, in secondary schools and institutions 

4 of higher education. 

5 (B) Implement integrated education and 

6 training activities, such as paid or unpaid work 

7 experiences, on-the-job training opportunities, 

8 customized training programs, or transitional 

9 jobs programs. 

10 (C) Partner with entities carrying out 

11 youth-serving programs (including entities oper12 ating Job Corps centers under subtitle C of title 

13 I of the Workforce Investment Act of 1998 (29 

14 U.S.C. 2801 et seq.), preapprenticeship pro15 grams, and YouthBuild programs under section 

16 173A of the Workforce Investment Act of 1998 

17 (29 U.S.C. 2918a), where appropriate) and pro18 grams targeting populations of individuals 

19 underrepresented in the industry, such as vet20 erans and women. 

21 (D) Build awareness of relevant employers 

22 and labor organizations about the skill develop23 ment opportunities available through the activi24 ties carried out under the grant. 

25 (d) ELIGIBLE ENTITIES.— 


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1 (1) IN GENERAL.—To be eligible to receive a 

2 grant under this section, an entity shall be an En3 ergy Alliance that meets the requirements of para4 graph (2) and submits an application in accordance 

5 with subsection (e). 

6 (2) ENERGY ALLIANCE.—For purposes of this 

7 section, an Energy Alliance shall be composed of— 

8 (A) at least 1 industry representative from 

9 each low carbon energy industry addressed in 

10 the application; 

11 (B) 1 representative of the State board 

12 from each of the States in the area to be served 

13 under the grant; 

14 (C) at least 1 representative of a local 

15 board from each of the local areas in the area 

16 to be served under the grant; 

17 (D) at least 1 representative from relevant 

18 institutions of higher education, providers of 

19 registered apprenticeships, and other eligible 

20 training providers offering to develop or refine 

21 industry-recognized skills standards or industry22 recognized credentials, from each such State, 

23 that offer education or training programs to ad24 dress the skill needs of the identified industry; 


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1 (E) at least 1 representative from relevant 

2 labor organizations from each such State; 

3 (F) at least 1 representative of an eco4 nomic development organization; and 

5 (G) at least 1 representative from a career 

6 and technical education organization from each 

7 such State. 

8 (e) APPLICATION.—To be eligible to receive a grant 

9 under this section, an entity shall submit an application 

10 to the Secretary at such time, in such manner, and meet11 ing such requirements as the Secretary may determine to 

12 be appropriate. The application shall contain such infor13 mation as the Secretary may require, including informa14 tion to enable the Secretary to review the skill standards 

15 and credentials to be, as appropriate, developed or used. 

16 (f) PRIORITY.—In making grants under this section, 

17 the Secretary shall give priority to entities submitting ap18 plications for grant programs— 

19 (1) that serve States that have State laws speci20 fying targets for reducing energy consumption by or 

21 on a determined date or timeline; 

22 (2) that serve States in which industry or sector 

23 partnerships, industry associations, or the State gov24 ernments have developed a low carbon energy indus25 try-specific strategic plan for developing the low carVerDate Mar 15 2010 21:28 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3631.IS S3631

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1 bon energy assets for the State or multi-State area 

2 involved for the purposes of reducing dependence on 

3 foreign oil and fossil fuels, and economic develop4 ment; and 

5 (3) that focus on a low carbon energy industry 

6 with established industry-recognized skill standards 

7 and credentials that lead to industry-recognized cre8 dentials. 

9 (g) FEDERAL SHARE.— 

10 (1) IN GENERAL.—The Federal share of the 

11 cost referred to in subsection (c) shall be 50 percent. 

12 (2) NON-FEDERAL SHARE.—The eligible entity 

13 involved may provide the non-Federal share in cash 

14 or in kind, fairly evaluated, including plant, equip15 ment, or services. 

16 (h) PERFORMANCE AND EVALUATION.—After select17 ing entities to become grant recipients and before pro18 viding the grant payments, the Secretary shall negotiate 

19 performance measures, with expected levels of perform20 ance, with the entities. The Secretary shall use the per21 formance measures to evaluate the entities. 

22 SEC. 203. REGIONAL INDUSTRY ENERGY EFFICIENCY 

23 GRANTS. 

24 (a) IN GENERAL.—Using funds authorized under 

25 section 205, the Secretary shall award regional industry 


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1 energy efficiency grants on a competitive basis to eligible 

2 entities under this section, for the purpose of educating 

3 and training incumbent workers in the skills necessary to 

4 increase energy efficiency in industries in existence on the 

5 date of enactment of this Act (referred to in this section 

6 as ‘‘existing industries’’). 

7 (b) USE OF FUNDS.—An eligible entity that receives 

8 such a grant shall use the grant funds to pay for the Fed9 eral share of the cost to support— 

10 (1) assisting industries in identifying new skills 

11 necessary for occupations, existing as of the date of 

12 enactment of this Act, to support a more energy effi13 cient approach to such industries; and 

14 (2) providing training and education to incum15 bent workers on the skills identified under para16 graph (1) that are necessary to use equipment ref17 erenced in subsection (e)(2), and implement policies, 

18 procedures, or protocols, required to reduce energy 

19 consumption in existing industries. 

20 (c) ELIGIBLE ENTITIES.— 

21 (1) IN GENERAL.—To be eligible to receive a 

22 grant under this section, an entity shall be a covered 

23 entity that meets the requirements of paragraph (2) 

24 and that submits an application in accordance with 

25 subsection (d). 


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1 (2) COVERED ENTITIES.—For the purposes of 

2 this section, covered entities shall be partnerships 

3 that include— 

4 (A) an industry group or association with 

5 an energy consumption that is calculated by the 

6 Environmental Protection Agency using section 

7 763(b)(2)(A)(ii)(II)(aa) of the American Clean 

8 Energy and Security Act of 2009 (H.R. 2454, 

9 111th Congress, as placed on the calendar of 

10 the Senate on July 7, 2009); and 

11 (B) at least 1 representative of each of the 

12 following: 

13 (i) State boards. 

14 (ii) Local boards. 

15 (iii) Labor organizations. 

16 (iv) Institutions of higher education, 

17 providers of registered apprenticeships, 

18 and other entities, eligible to provide train19 ing services under section 122 of the 

20 Workforce Investment Act of 1998 (29 

21 U.S.C. 2842). 

22 (v) Economic development organiza23 tions. 

24 (d) APPLICATION.—To be eligible to receive a grant 

25 under this section, an entity shall submit an application 


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1 to the Secretary at such time, in such manner, and meet2 ing such requirements as the Secretary may determine to 

3 be appropriate. The application shall contain such infor4 mation as the Secretary may require, including informa5 tion to enable the Secretary to review the skill standards 

6 and credentials to be used. 

7 (e) PRIORITY.—In making grants under this section, 

8 the Secretary shall give priority to entities submitting ap9 plications— 

10 (1) for grant programs that serve States that 

11 have State laws specifying targets for reducing en12 ergy consumption by or on a determined date or 

13 timeline; and 

14 (2) for grant programs that serve industries 

15 that have a demonstrated commitment to purchasing 

16 and installing the necessary equipment, and imple17 menting the necessary work processes and protocols, 

18 to reduce energy consumption through the utilization 

19 of available tax credits or other means. 

20 (f) FEDERAL SHARE.— 

21 (1) IN GENERAL.—The Federal share of the 

22 cost described in subsection (b) shall be a share ne23 gotiated between the eligible entity and the Sec24 retary, and shall range from 25 percent to 75 per25 cent based on each of the following factors: 


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1 (A) Whether the business receiving the 

2 training and education is in an industry identi3 fied in part of the energy efficiency plans of the 

4 State or local area. 

5 (B) The number of employees employed by 

6 the business. 

7 (C) The number of individuals to be 

8 trained or educated. 

9 (D) The level of wages, benefits, and other 

10 compensation available to employees in the oc11 cupations and career pathways involved. 

12 (E) The demonstrated commitment of the 

13 business to providing ongoing training and edu14 cation, performance improvement opportunities, 

15 career advancement, and other benefits to its 

16 employees. 

17 (F) Other factors as determined appro18 priate by the Secretary. 

19 (2) NON-FEDERAL SHARE.—The eligible entity 

20 may provide the non-Federal share in cash or in 

21 kind, fairly evaluated, including plant, equipment, or 

22 services. 

23 (g) PERFORMANCE AND EVALUATION.—After select24 ing entities to become grant recipients and before pro25 viding the grant payments, the Secretary shall negotiate 


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1 performance measures, with expected levels of perform2 ance, with the entities. The Secretary shall use the per3 formance measures to evaluate the entities 

4 SEC. 204. CUSTOMIZED LOW CARBON ENERGY TRAINING 

5 GRANTS. 

6 (a) IN GENERAL.—Using funds authorized under 

7 section 205, the Secretary shall award low carbon energy 

8 training grants on a competitive basis to eligible entities 

9 to provide customized training services to businesses in 

10 identified industries, or to businesses in industries that di11 rectly support or supply identified industries. 

12 (b) USE OF FUNDS.— 

13 (1) IN GENERAL.—An eligible entity that re14 ceives such a grant shall use the grant funds to pay 

15 for the Federal share of the cost to support cus16 tomized training for incumbent workers, or job seek17 ers identified as having the basic skills likely re18 quired for success in an occupation and career with19 in the business and industry involved. 

20 (2) REQUIRED ACTIVITIES.—The eligible entity 

21 shall use the grant funds to— 

22 (A) assist employers in a low carbon indus23 try that are partners in the eligible entity to ad24 dress documented skill shortages for which such 

25 employers have been unable to find workers 


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1 with the necessary skills through traditional 

2 and readily available sources; and 

3 (B) address technical skill needs, as well as 

4 general educational requirements for targeted 

5 occupations, in a manner that leads to the at6 tainment, by participating workers, of an indus7 try-recognized credential that has value in the 

8 labor market beyond a sponsoring employer and 

9 that is portable throughout the industry. 

10 (3) ALLOWABLE ACTIVITIES.—The eligible enti11 ty may use the funds to carry out 1 or more of the 

12 following: 

13 (A) Assist an employer in developing train14 ing plans, improving supervision, increasing ad15 vancement of low-skill workers, and strength16 ening linkages with entities providing workforce 

17 investment activities under the Workforce In18 vestment Act of 1998 (29 U.S.C. 2801 et seq.), 

19 adult education programs, and education and 

20 training programs of institutions of higher edu21 cation. 

22 (B) Partner with entities carrying out 

23 youth-serving programs (including entities oper24 ating Job Corps centers under subtitle C of title 

25 I of the Workforce Investment Act of 1998 (29 


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1 U.S.C. 2801 et seq.), preapprenticeship pro2 grams, and YouthBuild programs under section 

3 173A of the Workforce Investment Act of 1998 

4 (29 U.S.C. 2918a), where appropriate) and pro5 grams targeting populations of individuals 

6 underrepresented in the industry, such as vet7 erans and women. 

8 (4) PROHIBITION.—An eligible entity in a State 

9 shall not use the grant funds to attract businesses 

10 from other States, or to prevent businesses from 

11 moving to other States. 

12 (c) ELIGIBLE ENTITIES.— 

13 (1) IN GENERAL.—To be eligible to receive a 

14 grant under this section, an entity shall be a covered 

15 entity that meets the requirements of paragraph (2) 

16 and submits an application in accordance with sub17 section (d). 

18 (2) COVERED ENTITIES.—For the purposes of 

19 this section, covered entities shall be partnerships 

20 that include at least 1 of the following: 

21 (A) State boards. 

22 (B) Local boards. 

23 (C) A consortium of State boards or local 

24 boards, and an employer in an identified indus25 try, or in an industry that directly supports or 


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1 supplies an identified industry, that dem2 onstrates a need for customized training. 

3 (D) A consortium of State boards or local 

4 boards, and a group of employers in an identi5 fied industry, or in an industry that directly 

6 supports or supplies an identified industry, that 

7 demonstrates a need for customized training. 

8 (d) APPLICATION.—To be eligible to receive a grant 

9 under this section, an entity shall submit an application 

10 to the Secretary at such time, in such manner, and meet11 ing such requirements as the Secretary may determine to 

12 be appropriate. The application shall contain such infor13 mation as the Secretary may require, including informa14 tion to enable the Secretary to review the skill standards 

15 and credentials to be, as appropriate, developed or used. 

16 (e) FEDERAL SHARE.— 

17 (1) IN GENERAL.—The Federal share of the 

18 cost of training described in subsection (b)(1) shall 

19 be a share negotiated between the eligible entity and 

20 the Secretary, and shall range from 25 percent to 75 

21 percent based on each of the following factors: 

22 (A) If the business receiving the training is 

23 in an industry identified in part of the energy 

24 efficiency plans of the State or local area. 


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1 (B) The number of employees employed by 

2 the business. 

3 (C) The number of individuals to be 

4 trained. 

5 (D) The level of wages, benefits, and other 

6 compensation available to the employees in the 

7 occupations involved. 

8 (E) The demonstrated commitment of the 

9 business to providing ongoing training, per10 formance improvement opportunities, career ad11 vancement, and other benefits to its employees. 

12 (F) Other factors as determined appro13 priate by the State board or local board in14 volved. 

15 (2) NON-FEDERAL SHARE.—The eligible entity 

16 may provide the non-Federal share in cash or in 

17 kind, fairly evaluated, including plant, equipment, or 

18 services. 

19 (f) PERFORMANCE AND EVALUATION.— 

20 (1) PERFORMANCE MEASURES.—After selecting 

21 entities to become grant recipients and before pro22 viding the grant payments, the Secretary shall— 

23 (A) negotiate performance measures, with 

24 expected levels of performance, with the enti25 ties; and 


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1 (B) require the attainment of industry-rec2 ognized credentials, as identified in the applica3 tion submitted under subsection (d), to be in4 cluded as a performance measure. 

5 (2) EVALUATION.—The Secretary shall use the 

6 performance measures to evaluate the entities. 

7 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to carry out 

9 this title $2,000,000,000 for each of the fiscal years 2011 

10 through 2016. 

11 TITLE III—MISCELLANEOUS 

12 SEC. 301. CLARIFICATION OF APPLICATION OF GRANTS 

13 FOR SPECIFIED ENERGY PROPERTY TO CER14 TAIN REGULATED COMPANIES. 

15 (a) IN GENERAL.—The first sentence of section 

16 1603(f) of division B of the American Recovery and Rein17 vestment Act of 2009 is amended by inserting ‘‘(other 

18 than subsection (d)(2) thereof)’’ after ‘‘section 50 of the 

19 Internal Revenue Code of 1986’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall take effect as if included in section 1603 

22 of division B of the American Recovery and Reinvestment 

23 Act of 2009. 


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1 SEC. 302. APPLICABILITY OF REPORTING REQUIREMENTS. 

2 Section 401 of the American Recovery and Reinvest3 ment Act of 2009 (Public Law 111–5; 123 Stat. 140) is 

4 amended— 

5 (1) by striking ‘‘For the purposes of’’ and in6 serting the following: 

7 ‘‘(a) IN GENERAL.—For the purposes of’’; and 

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

9 ‘‘(b) APPLICABILITY.—As of October 1, 2010, each 

10 provision of this Act that is otherwise applicable to the 

11 use of the authority made available under the Federal Co12 lumbia River Transmission System Act (16 U.S.C. 838 

13 et seq.) shall not apply to any activity carried out under 

14 this section.’’. 

Æ 


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