126 
‘‘(2) SPECIAL RULE FOR TAXPAYERS ACHIEV-
ING 80-PERCENT ZERO-EMISSION ELECTRICITY BE-
FORE 2031.—In the case of a taxpayer who is a 
qualified zero-emission electricity taxpayer solely by 
reason of subsection (c)(3)(B), the applicable per-
centage shall be— 
‘‘(A) in the case of property placed in serv-
ice in a taxable year beginning before January 
1, 2031, 7 percentage points less than the ap-
plicable percentage otherwise determined with 
respect to such property for the taxable year 
under paragraph (1), and 
‘‘(B) in the case of property placed in serv-
ice in any taxable year beginning after Decem-
ber 31, 2030, zero. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) QUALIFIED ZERO-EMISSION ELECTRICITY 
GENERATING UNIT.—The term ‘qualified zero-emis-
sion electricity generating unit’ means a generating 
unit— 
‘‘(A) that is placed into service after the 
date of enactment of this section, and 
‘‘(B) the operation of which does not result 
in the release of carbon dioxide into the atmos-
phere. 
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‘‘(2) GENERATING UNIT.—The term ‘generating 
unit’ has the meaning given such term in section 
201 of the Clean Energy Innovation and Deploy-
ment Act of 2021. 
‘‘(3) QUALIFIED ZERO-EMISSION ELECTRICITY 
TAXPAYER.— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
zero-emission electricity taxpayer’ means, for a 
taxable year, a taxpayer who— 
‘‘(i) does not own a generating unit 
that emits carbon dioxide at any point dur-
ing such taxable year, and 
‘‘(ii) for such taxable year, owns non- 
emitting electricity generating units with a 
generating capacity that is equal to or 
greater than the annual average generating 
capacity of generating units owned by such 
taxpayer during the 5-year period ending 
on the date of the enactment of this sec-
tion. 
‘‘(B) SPECIAL
RULE
FOR
TAXPAYERS 
ACHIEVING 80-PERCENT ZERO-EMISSION ELEC-
TRICITY.—In the case of a taxpayer not de-
scribed in subparagraph (A) who for any tax-
able year generates not less than 80 percent of 
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128 
the electricity sold by such eligible electricity 
provider using generating units the operation of 
which does not result in the release of carbon 
dioxide into the atmosphere (taking into ac-
count units placed in service during such tax-
able year), such taxpayer shall be treated as a 
qualified zero-emission electricity taxpayer. 
‘‘(d) CREDIT LIMITED TO REPLACEMENT OF PAST 
ELECTRICITY GENERATING CAPACITY.—In the case of a 
taxpayer whose electricity generation capacity exceeds the 
annual average generating capacity of generating units 
owned by such taxpayer during the 5-year period ending 
on the date of the enactment of this section, there shall 
not be taken into account under subsection (a) the cost 
of any qualified zero-emission electricity generating unit 
(or a portion thereof) placed in service to the extent, under 
such rules as the Secretary may by regulation prescribe, 
such excess generation is allocable to such qualified zero- 
emission electricity generating unit (or a portion thereof). 
‘‘(e) TRANSFERABILITY.— 
‘‘(1) IN GENERAL.—If the qualified zero-emis-
sion electricity taxpayer elects to transfer all (or any 
portion specified in the election) of the credit deter-
mined under this section for any taxable year with 
respect to any qualified zero-emission electricity gen-
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129 
erating unit to an eligible project partner for a spec-
ified period, then, the eligible project partner speci-
fied in such election (and not the taxpayer) shall be 
treated for purposes of this title with respect to such 
credit (or such portion thereof) as the person pro-
ducing and selling the electricity to which such cred-
it (or portion thereof) relates. 
‘‘(2) DEDUCTION FOR PAYMENTS IN CONNEC-
TION WITH TRANSFER.—There shall be allowed as a 
deduction under part VI of subchapter B an amount 
equal to the amount paid by a taxpayer as consider-
ation for a transfer described in paragraph (1). 
‘‘(3) ELIGIBLE PROJECT PARTNER.— 
‘‘(A) For purposes of this subsection, the 
term ‘eligible project partner’ means, with re-
spect to any qualified zero-emission electricity 
generating unit, any person who— 
‘‘(i) has an ownership interest in such 
qualified zero-emission electricity gener-
ating unit, 
‘‘(ii) provided equipment for or serv-
ices in the construction of such qualified 
zero-emission electricity generating unit, 
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‘‘(iii) provides electric transmission or 
distribution services for such qualified 
zero-emission electricity generating unit, 
‘‘(iv) purchases electricity from such 
qualified zero-emission electricity gener-
ating unit pursuant to a contract, or 
‘‘(v) provides financing for such quali-
fied zero-emission electricity generating 
unit. 
‘‘(B) For purposes of subparagraph (A)(v), 
any amount paid as consideration for a transfer 
described in paragraph (1) shall not be treated 
as financing of a qualified zero-emission elec-
tricity generating unit. 
‘‘(4) TAXABLE YEAR IN WHICH CREDIT TAKEN 
INTO ACCOUNT.—In the case of any credit (or por-
tion thereof) with respect to which an election is 
made under paragraph (1), such credit shall be 
taken into account in the first taxable year of the el-
igible project partner ending with, or after, the elect-
ing taxpayer’s taxable year with respect to which the 
credit was determined. 
‘‘(5) LIMITATIONS ON ELECTION.— 
‘‘(A) TIME
FOR
ELECTION.—An election 
under this subsection to transfer any portion of 
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131 
the credit allowed under this section shall be 
made not later than the due date for the return 
of tax for the electing taxpayer’s taxable year 
with respect to which the credit was deter-
mined. 
‘‘(B) NO FURTHER TRANSFERS.—No elec-
tion may be made under this subsection by a 
taxpayer with respect to any portion of the 
credit allowed under this section which has been 
previously transferred to such taxpayer under 
this paragraph. 
‘‘(C) TREATMENT
OF
TRANSFER
UNDER 
PRIVATE USE RULES.—For purposes of section 
141(b)(1), any benefit derived by an eligible 
project partner in connection with an election 
under this subsection shall not be taken into ac-
count as a private business use. 
‘‘(D) ADDITIONAL
ELECTION
REQUIRE-
MENTS.—The Secretary may prescribe such 
regulations as may be appropriate to carry out 
the purposes of this subsection, including— 
‘‘(i) rules for determining which per-
sons are eligible project partners with re-
spect to any energy property, and 
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132 
‘‘(ii) requiring information to be in-
cluded in an election under paragraph (1) 
or imposing additional reporting require-
ments. 
‘‘(f) TERMINATION.—This section shall apply to tax-
able years ending before January 1, 2050.’’. 
(b) PART OF INVESTMENT CREDIT.—Section 46 of 
such Code is amended by striking ‘‘and’’ at the end of 
paragraph (5), by striking the period at the end of para-
graph (6) and inserting ‘‘, and’’, and by adding at the 
end the following new paragraph: 
‘‘(7) the zero-emission electricity acceleration 
investment credit.’’. 
(c) DIRECT PAY.— 
(1) IN
GENERAL.—Section 6431(a) of such 
Code, as added by this Act, is amended by striking 
‘‘or’’ at the end of paragraph (2), by redesignating 
paragraph (3) as paragraph (4), and by inserting 
after paragraph (2) the following new paragraph: 
‘‘(3) any portion of a zero-emission electricity 
acceleration investment credit which would (without 
regard to this section) be determined under section 
48D originally placed in service after December 31, 
2021,’’. 
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133 
(2) 
CONFORMING
AMENDMENT.—Section 
6431(d) of such Code, as added by this Act, is 
amended— 
(A) by striking ‘‘section 48 or the’’ and in-
serting ‘‘section 48, the’’, and 
(B) by inserting after ‘‘section 45’’ the fol-
lowing: ‘‘, or the zero-emission electricity accel-
eration investment credit determined under sec-
tion 48D’’. 
(d) NORMALIZATION.—The penultimate sentence of 
section 50(d) is amended by inserting after ‘‘the applica-
tion of section 48(a)(5) is elected’’ the following: ‘‘or any 
qualified zero-emission electricity generating unit with re-
spect to which the zero-emission electricity acceleration in-
vestment credit is determined under section 48D’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
for subpart E of part IV of subchapter A of chapter 1 
of such Code is amended by inserting after the item relat-
ing to section 48C the following new item: 
‘‘Sec. 48D. Zero-emission electricity acceleration investment credit.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
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SEC. 302. ZERO-EMISSION ELECTRICITY ACCELERATION 
GRANTS. 
(a) IN GENERAL.—Upon application, the Secretary 
of Energy shall, subject to the requirements of this section 
and the availability of appropriations for such purpose, 
provide a grant in an amount specified under subsection 
(b) to an eligible electricity provider that, during a cal-
endar year, places into service one or more qualified zero- 
emission electricity generating units and either— 
(1)(A) permanently retires every existing car-
bon-emitting generating unit owned by the eligible 
electricity provider; and 
(B) replaces the generation capacity of the car-
bon-emitting generating units described in subpara-
graph (A) with the generation capacity of such 
qualified zero-emission electricity generating unit or 
units in sufficient amounts to satisfy the condition 
specified in subsection (c); or 
(2) generates not less than 80 percent of the 
electricity sold by such eligible electricity provider 
using generating units the operation of which does 
not result in the release of carbon dioxide into the 
atmosphere. 
(b) GRANT AMOUNT.— 
(1) IN GENERAL.—The amount of the grant 
under subsection (a) with respect to any qualified 
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zero-emission electricity generating unit placed in 
service during a calendar year shall be the applicable 
percentage of the cost of such qualified zero-emis-
sion electricity generating unit. 
(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘‘applicable percentage’’ 
means— 
(A) for grants provided under subsection 
(a)(1)— 
(i) 50 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service between the 
date of enactment of this Act and Decem-
ber 31, 2025; 
(ii) 48 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2026; 
(iii) 46 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2027; 
(iv) 44 percent in the case of a quali-
fied zero-emission electricity generating 
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136 
unit that is placed into service during cal-
endar year 2028; 
(v) 42 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2029; 
(vi) 40 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2030; 
(vii) 38 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2031; 
(viii) 36 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2032; 
(ix) 34 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2033; 
(x) 32 percent in the case of a quali-
fied zero-emission electricity generating 
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137 
unit that is placed into service during cal-
endar year 2034; and 
(xi) 30 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2035; and 
(B) for grants provided under subsection 
(a)(2)— 
(i) 43 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service between the 
date of enactment of this Act and Decem-
ber 31, 2025; 
(ii) 41 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2026; 
(iii) 39 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2027; 
(iv) 37 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2028; 
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(v) 35 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2029; and 
(vi) 33 percent in the case of a quali-
fied zero-emission electricity generating 
unit that is placed into service during cal-
endar year 2030. 
(c) CONDITIONS FOR THE GRANT.—No grant shall 
be made under this section unless the Secretary of Energy 
determines that the eligible electricity provider, as of De-
cember 31st of the calendar year the qualified zero-emis-
sion electricity generating unit for which a grant will be 
provided is placed in service, owns generating units that 
have an aggregate generation capacity that is not less than 
the annualized amount of generation capacity that is 
owned by such eligible electricity provider during the 5- 
year period ending on the date of the enactment of this 
section. 
(d) APPLICATION OF CERTAIN RULES.—In making 
grants under subsection (a)(1), the Secretary of Energy 
shall apply rules similar to the rules of section 50 of the 
Internal Revenue Code of 1986 (other than subsections 
(b)(3) and (b)(4)(A)(i) thereof). In applying such rules, 
if an eligible electricity provider acquires a carbon-emit-
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139 
ting generating unit after a grant is made to the eligible 
electricity provider, the Secretary shall provide for the re-
capture of the appropriate percentage of the grant amount 
in such manner as the Secretary determines appropriate. 
(e) DURATION.—Grants may be made— 
(1) under subsection (a)(1) for qualified zero- 
emission electricity generating units that are placed 
into service after the date of enactment of this Act 
through calendar year 2035; and 
(2) under subsection (a)(2) for qualified zero- 
emission electricity generating units that are placed 
into service after the date of enactment of this Act 
through calendar year 2030. 
(f) DEFINITIONS.—For purposes of this section: 
(1) CARBON-EMITTING
GENERATING
UNIT.— 
The term ‘‘carbon-emitting generating unit’’ means 
a generating unit the operation of which results in 
the release of carbon dioxide to the atmosphere. 
(2) ELIGIBLE
ELECTRICITY
PROVIDER.—The 
term ‘‘eligible electricity provider’’ means an entity 
in the United States that— 
(A) owns one or more generating units; 
and 
(B) sells the electricity generated by such 
generating units. 
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140 
(3) GENERATING UNIT.—The term ‘‘generating 
unit’’ has the meaning given such term in section 
201 of the Clean Energy Innovation and Deploy-
ment Act of 2021. 
(4) QUALIFIED
ZERO-EMISSION
ELECTRICITY 
GENERATING UNIT.—The term ‘‘qualified zero-emis-
sion electricity generating unit’’ means a generating 
unit— 
(A) that is placed into service after the 
date of enactment of this section; and 
(B) the operation of which does not result 
in the release of carbon dioxide into the atmos-
phere. 
SEC. 303. RECIPIENTS OF CERTAIN CLEAN ENERGY INVEST-
MENT TAX CREDITS. 
Any person who— 
(1) is allowed a tax credit under section 45V of 
the Internal Revenue Code of 1986 for any taxable 
year shall not be provided a grant under section 302 
during any fiscal year; and 
(2) receives a grant under section 302 during 
any fiscal year shall not be allowed a tax credit 
under section 45V of such Code for any taxable 
year. 
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141 
Subtitle B—Carbon-Targeted Zero- 
Emission Electricity Tax Credit 
SEC. 
311. 
CARBON-TARGETED 
ZERO-EMISSION 
ELEC-
TRICITY TAX CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following: 
‘‘SEC. 
45U. 
CARBON-TARGETED 
ZERO-EMISSION 
ELEC-
TRICITY TAX CREDIT. 
‘‘(a) AMOUNT OF CREDIT.— 
‘‘(1) IN GENERAL.—For purposes of section 38, 
the carbon-targeted zero-emission electricity tax 
credit for any taxable year is an amount equal to the 
product of— 
‘‘(A) 2.4 cents, multiplied by 
‘‘(B) the kilowatt hours of electricity— 
‘‘(i) produced by the taxpayer— 
‘‘(I) from qualified energy re-
sources, and 
‘‘(II) at a qualified facility, and 
‘‘(ii) sold by the taxpayer to an unre-
lated person during the taxable year. 
‘‘(2) REDEVELOPMENT
CREDIT.—A qualified 
facility shall receive an additional 0.5 cents per 
KWh if such facility is placed in service on a 
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brownfield site (as defined in 42 U.S.C. 9601(39)), 
landfill, abandoned mine, or reclamation site. 
‘‘(3) CREDIT GRADIENT FOR CO-BENEFITS.— 
The Secretary shall develop an additional credit, in 
consultation with the Secretary of Agriculture and 
the Director of the Fish and Wildlife Service, for 
new development or redevelopment projects on de-
graded lands that would enhance ecological co-bene-
fits including— 
‘‘(A) biodiversity, 
‘‘(B) habitat connectivity, and 
‘‘(C) water quality. 
‘‘(4) NON-FOSSIL FUEL COMBUSTION AND GAS-
IFICATION.—In the case of a qualified facility that 
produces electricity through combustion or gasifi-
cation of a non-fossil fuel, the carbon dioxide emis-
sions rate for such facility shall be equal to the net 
rate of carbon dioxide emitted into the atmosphere 
by such facility (taking into account the amount of 
lifecycle greenhouse gas emissions), in the produc-
tion of electricity, expressed as grams of CO2e per 
KWh. 
‘‘(5) SPECIFIC REQUIREMENTS.—In the case of 
biomass-based electricity production, a qualified fa-
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143 
cility must meet the required definition of renewable 
biomass. 
‘‘(6) CARBON
CAPTURE
AND
SEQUESTRATION 
EQUIPMENT.—For purposes of this subsection, the 
amount of greenhouse gases emitted into the atmos-
phere by a qualified facility in the production of 
electricity shall not include any qualified carbon di-
oxide or other carbon oxide (as defined in section 
45Q(c)(1)(B)) that is captured by the taxpayer 
and— 
‘‘(A) disposed of by the taxpayer in secure 
geological storage in a manner that satisfies the 
measures established by regulation under sec-
tion 45Q(f)(2), or 
‘‘(B) utilized by the taxpayer in a manner 
described in section 45Q(f)(5). 
‘‘(7) ONLY
PRODUCTION
IN
THE
UNITED 
STATES
TAKEN
INTO
ACCOUNT.—Consumption or 
sales shall be taken into account under this section 
only with respect to electricity, the production of 
which is within the United States or any territory or 
possession of the United States. 
‘‘(8) COMBINED
HEAT
AND
POWER
SYSTEM 
PROPERTY.—For purposes of paragraph (1)(C), the 
kilowatt hours of electricity produced by a taxpayer 
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at a qualified facility shall include any production in 
the form of useful thermal energy by any combined 
heat and power system property within such facility. 
‘‘(9) INFLATION ADJUSTMENT.— 
‘‘(A) IN GENERAL.—In the case of a cal-
endar year beginning after 2022, the 2.4 cent 
amount in subsection (b)(1)(A) shall be ad-
justed by multiplying such amount by the infla-
tion adjustment factor for the calendar year in 
which the sale or use of the electricity occurs. 
If any amount as increased under the preceding 
sentence is not a multiple of 0.1 cent, such 
amount shall be rounded to the nearest multiple 
of 0.1 cent. 
‘‘(B) ANNUAL
COMPUTATION.—The Sec-
retary shall, not later than April 1 of each cal-
endar year, determine and publish in the Fed-
eral Register the inflation adjustment factor for 
such calendar year in accordance with this sub-
section. 
‘‘(C) INFLATION ADJUSTMENT FACTOR.— 
The term ‘inflation adjustment factor’ means, 
with respect to a calendar year, a fraction, the 
numerator of which is the GDP implicit price 
deflator for the preceding calendar year and the 
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denominator of which is the GDP implicit price 
deflator for the calendar year 2021. The term 
‘GDP implicit price deflator’ means the most 
recent revision of the implicit price deflator for 
the gross domestic product as computed and 
published by the Department of Commerce be-
fore March 15 of the calendar year. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) CARBON DIOXIDE EMISSION RATE.—For 
purposes of this section, the term ‘carbon dioxide 
emissions rate’ means the amount of carbon dioxide 
emitted into the atmosphere by a qualified facility in 
the production of electricity, expressed as grams of 
CO2e per KWh. 
‘‘(2) CO2E PER KWH.—The term ‘CO2e per 
KWh’ means, with respect to any greenhouse gas, 
the equivalent volume of carbon dioxide emitted (as 
determined based on relative global warming poten-
tial) per kilowatt hour of electricity produced. 
‘‘(3) QUALIFIED FACILITY.—The term ‘quali-
fied facility’ means a facility that is— 
‘‘(A) used for the generation of electricity, 
and 
‘‘(B) originally placed in service after De-
cember 31, 2021, and before the United States 
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electricity-generating sector emits a net total of 
zero carbon dioxide-equivalent emissions, after 
accounting for carbon dioxide removal strate-
gies, 
‘‘(C) located in a qualifying State, and 
‘‘(D) certified to produce electricity at a 
carbon dioxide emission rate below the quali-
fying facility emission rate. 
‘‘(4) LIMITATIONS.— 
‘‘(A) 10-YEAR CREDIT.—For purposes of 
this section, a facility shall only be treated as 
a qualified facility during the 10-year period be-
ginning on the date the facility was originally 
placed in service. 
‘‘(B) EXISTING FACILITIES.—In the case 
of a facility that was placed in service before 
January 1, 2022, but is otherwise described in 
paragraph (3), such facility shall be a qualified 
facility, but only to the extent of the increased 
amount of electricity produced at the facility by 
reason of the following: 
‘‘(i) a new unit placed in service after 
December 31, 2021, or 
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‘‘(ii) any efficiency improvements or 
additions of capacity placed in service after 
December 31, 2021. 
‘‘(5) QUALIFIED FACILITY EMISSION RATE.— 
The qualified facility emission rate is 150 grams of 
CO2e per KWh. 
‘‘(6) QUALIFYING STATE.— 
‘‘(A) IN GENERAL.—The term ‘qualifying 
state’ means a state determined by the Sec-
retary, in consultation with the Secretary of 
Energy, to have an above-median marginal car-
bon dioxide emission rate for the electricity sec-
tor. 
‘‘(B) PUBLICATION.—The Secretary shall 
annually publish the list of such States. 
‘‘(7) MARGINAL
CARBON
DIOXIDE
EMISSION 
RATE.—The term ‘marginal carbon dioxide emission 
rate’ is defined as the short-run marginal emission 
rate for end-use load, which is the rate of emissions 
that would be induced by a marginal increase in a 
region’s load at a specific point in time. The value 
is the emission rate of whichever generator would 
have served the marginal increase in load, modified 
by any relevant transmission, distribution, and effi-
ciency losses. 
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148 
‘‘(8) COMBINED
HEAT
AND
POWER
SYSTEM 
PROPERTY.—For purposes of this paragraph, the 
term ‘combined heat and power system property’ has 
the same meaning given such term by section 
48(c)(3) (without regard to subparagraphs (A)(iv), 
(B), and (D) thereof). 
‘‘(9) RENEWABLE BIOMASS.— 
‘‘(A) IN GENERAL.—The term ‘renewable 
biomass’ means— 
‘‘(i) crop byproducts or crop residues 
that— 
‘‘(I) are harvested from actively 
managed or fallow agricultural land 
that is cleared prior to January 1, 
2021, and 
‘‘(II) are procured at a rate that 
adequately maintains soil carbon and 
prevents erosion; 
‘‘(ii) ‘closed-loop biomass’ as defined 
in section 1914(c)(B)(2) of the Energy 
Policy Act of 1992 harvested from land 
cleared prior to January 1, 2021; 
‘‘(iii) byproducts of wood or paper 
mill operations, including lignin in spent 
pulping liquors; 
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‘‘(iv) algae; 
‘‘(v) nonhazardous plant matter de-
rived from waste— 
‘‘(I) including separated yard 
waste, landscape right-of-way trim-
mings, and food waste; but 
‘‘(II) not including municipal 
solid waste, recyclable waste paper, 
painted, treated or pressurized wood, 
or wood contaminated with plastic or 
metals; and 
‘‘(vi) vegetative matter removed from 
within 200 yards of any man-made struc-
ture or campground for the purposes of 
hazardous fuels thinning. 
‘‘(B) EXCLUSION OF INVASIVE SPECIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A), except as provided in 
clause (ii), the term ‘renewable biomass’ 
does not include any matter derived from 
a plant that is invasive or noxious, or from 
a species or variety of plants that credible 
risk assessment tools or other credible 
sources determine is potentially invasive, 
as determined by the Secretary, in con-
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150 
sultation with other appropriate Federal or 
State departments and agencies. 
‘‘(ii) EXCEPTION.—The term ‘renew-
able biomass’ includes matter derived from 
a plant that is invasive or noxious, or from 
a species or variety of plants that credible 
risk assessment tools or other credible 
sources determine is potentially invasive, 
if— 
‘‘(I) the matter was removed for 
purposes of control or eradication of 
the invasive, noxious, or potentially 
invasive plant; and 
‘‘(II) the invasive, noxious, or po-
tentially invasive plant was not plant-
ed for the purpose of using the plant 
as an energy crop. 
‘‘(10) DEGRADED LANDS.—The term ‘degraded 
lands’ means land that has lost a large degree of its 
natural productivity due to human-caused processes, 
the scope of which shall be defined by the Secretary, 
in consultation with the Secretary of Agriculture and 
the Director of the Fish and Wildlife Service. 
‘‘(c) TRANSFERABILITY.— 
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‘‘(1) IN GENERAL.—If, with respect to a credit 
under subsection (a) for any taxable year— 
‘‘(A) a qualified facility would be the tax-
payer (but for this subparagraph), 
‘‘(B) such facility elects the application of 
this paragraph for such taxable year with re-
spect to all (or any portion specified in such 
election) of such credit, and 
‘‘(C) the eligible project partner specified 
in such election, and not the qualified facility, 
shall be treated as the taxpayer for purposes of 
this title with respect to such credit (or such 
portion thereof). 
‘‘(2) ELIGIBLE PROJECT PARTNER.—For pur-
poses of this paragraph, the term ‘eligible project 
partner’ means any person who— 
‘‘(A) is responsible for, or participates in, 
the design or construction of the qualified facil-
ity to which the credit under subsection (a) re-
lates, 
‘‘(B) is a financial institution providing fi-
nancing for the construction or operation of 
such facility, or 
‘‘(C) has an ownership interest in such fa-
cility. 
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152 
‘‘(d) SPECIAL RULES.— 
‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX-
PAYER.—In the case of a qualified facility in which 
more than 1 person has an ownership interest, ex-
cept to the extent provided in regulations prescribed 
by the Secretary, production from the facility shall 
be allocated among such persons in proportion to 
their respective ownership interests in the gross 
sales from such facility. 
‘‘(2) RELATED
PERSONS.—Persons shall be 
treated as related to each other if such persons 
would be treated as a single employer under the reg-
ulations prescribed under section 52(b). In the case 
of a corporation which is a member of an affiliated 
group of corporations filing a consolidated return, 
such corporation shall be treated as selling electricity 
to an unrelated person if such electricity is sold to 
such a person by another member of such group. 
‘‘(3) PASS-THRU IN THE CASE OF ESTATES AND 
TRUSTS.—Under regulations prescribed by the Sec-
retary, rules similar to the rules of subsection (d) of 
section 52 shall apply. 
‘‘(e) ADDITIONAL CONSIDERATIONS.—For purposes 
of subsection (b)(3), the Secretary shall take into consider-
ation only those facilities that— 
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153 
‘‘(1) ensure laborers and mechanics employed 
by contractors and subcontractors in the perform-
ance of any qualifying advanced energy project shall 
be paid wages at rates not less than the prevailing 
rates on projects of a similar character in the local-
ity as determined by the Secretary of Labor, in ac-
cordance with subchapter IV of chapter 31 of title 
40, United States Code, 
‘‘(2) ensure that, to the maximum extent fea-
sible, iron, steel, and manufactured products used in 
the facility are produced in the United States, and 
‘‘(3) prioritize hiring of dislocated workers who 
were previously employed in manufacturing, coal 
power plants, or coal mining.’’. 
(b) ADMINISTRATION OF CREDIT.—The Secretary of 
the Treasury shall implement the carbon-targeted zero- 
emission electricity tax credit under section 45 of the In-
ternal Revenue Code of 1986, as added by this Act, in 
consultation with the Secretary of Energy. 
(c) CREDIT PART OF GENERAL BUSINESS CREDIT.— 
Section 38(b) is amended by striking ‘‘plus’’ at the end 
of paragraph (32), by striking the period at the end of 
paragraph (33) and inserting ‘‘, plus’’, and by adding at 
the end the following new paragraph: 
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‘‘(34) the carbon-targeted zero-emission elec-
tricity tax credit determined under section 45U.’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new item: 
‘‘Sec. 45U. Carbon-targeted zero-emission electricity tax credit.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 312. ELECTION TO TREAT CARBON-TARGETED ZERO- 
EMISSION ELECTRICITY FACILITY AS EN-
ERGY PROPERTY. 
(a) IN GENERAL.—Section 48(a)(5)(C)(i) of the In-
ternal Revenue Code of 1986 is amended— 
(1) by striking ‘‘which is a qualified facility 
(within the meaning of section 45)’’ and inserting 
the following: ‘‘which is— 
‘‘(I) a qualified facility (within 
the meaning of section 45)’’, 
(2) by inserting ‘‘or’’ at the end, and 
(3) by adding at the end the following new sub-
clause: 
‘‘(II) a qualified facility (as de-
fined in section 45U(b)(3)).’’. 
(b) INCREASE IN CREDIT PERCENTAGE FOR CER-
TAIN FACILITIES.—Section 48(a)(5) of such Code is 
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amended by adding at the end the following new subpara-
graph: 
‘‘(G) INCREASE
IN
CREDIT
PERCENTAGE 
FOR CARBON-TARGETED ZERO-EMISSION ELEC-
TRICITY
FACILITY
PLACED
IN
SERVICE
ON 
BROWNFIELD SITE.—In the case of a qualified 
facility described in section 45U(a)(2), subpara-
graph (A)(ii) shall be applied by substituting 
‘35 percent’ for ‘30 percent’.’’. 
(c) NORMALIZATION RULES.—Section 50(d) of such 
Code is amended by adding at the end the following new 
sentence: ‘‘At the election of a taxpayer with respect to 
public utility property, the rules of the section 46(f) re-
ferred to in paragraph (2) shall not apply to energy prop-
erty (as defined in section 48(a)(3)) which is a qualified 
facility (as defined in section 45U(b)(3)) with respect to 
which the application of section 48(a)(5) is elected. Such 
election shall be made on a property-by-property basis on 
a timely filed return for the taxable year in which such 
property is placed in service, and once made, may be re-
voked only with the consent of the Secretary.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 48(a)(5)(B) of such Code is amend-
ed by inserting ‘‘or 45U’’ after ‘‘section 45’’. 
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156 
(2) Section 48(a)(5)(C)(ii) of such Code is 
amended by inserting ‘‘(in the case of a qualified fa-
cility described in clause (i)(I))’’ after ‘‘which is’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 313. ENERGY TAX CREDIT MONETIZATION. 
(a) IN GENERAL.—Subchapter B of chapter 65 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 6431. ELECTIVE PAYMENT OF PRODUCTION AND IN-
VESTMENT TAX CREDITS FOR CARBON-TAR-
GETED ZERO-EMISSION ELECTRICITY FACILI-
TIES. 
‘‘(a) ENERGY PROPERTY.—In the case of a taxpayer 
making an election (at such time and in such manner as 
the Secretary may provide) under this section with respect 
to— 
‘‘(1) any portion of an energy credit which 
would (without regard to this section) be determined 
under section 48 with respect to a qualified facility 
(as defined in section 45U(b)(3)) originally placed in 
service after December 31, 2021, 
‘‘(2) any portion of a carbon-targeted zero- 
emission electricity tax credit which would (without 
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157 
regard to this section) be determined under section 
45U with respect to property originally placed in 
service after December 31, 2021, or 
‘‘(3) any portion of a credit carryforward to the 
extent attributable to the portion of such a credit 
that is allowed under section 38(a)(1) (determined 
without regard to section 38(c)) for taxable years 
ending after December 31, 2021, 
such taxpayer shall be treated as making a payment 
against the tax imposed by subtitle A for the taxable year 
equal to such amount. 
‘‘(b) TIMING.—The payment described in subsection 
(a) shall be treated as made on the later of the due date 
of the return of tax (determined without extensions) for 
such taxable year or the date on which such return is filed. 
‘‘(c) EXCLUSION FROM GROSS INCOME.—Gross in-
come of the taxpayer shall be determined without regard 
to this section. 
‘‘(d) DENIAL OF DOUBLE BENEFIT.—Solely for pur-
poses of section 38, in the case of a taxpayer making an 
election under this section, the energy credit determined 
under section 48 or the renewable electricity production 
credit determined under section 45 shall be reduced by 
the amount of the portion of such credit with respect to 
which the taxpayer makes such election. 
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‘‘(e) SPECIAL RULES.— 
‘‘(1) In the case of a taxpayer making an elec-
tion under this section, the credit subject to such an 
election shall be determined notwithstanding— 
‘‘(A) section 50(b)(3); and 
‘‘(B) section 50(b)(4) for an entity de-
scribed in 50(b)(4)(A)(i). 
‘‘(2) In the case of a mutual or cooperative 
electric company described in this paragraph or an 
organization described in section 1381(a)(2), income 
received or accrued in connection with the refunding 
or direct payment of credit under this section shall 
be treated as an amount collected from members for 
the sole purpose of meeting losses and expenses.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter B of chapter 65 of such Code is amended 
by adding at the end the following new item: 
‘‘Sec. 6431. Elective payment of production and investment tax credits for car-
bon-targeted zero-emission electricity facilities.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
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TITLE IV—LOW-INCOME RATE- 
PAYER PROTECTION 
SEC. 400. PURPOSE. 
The purpose of this title is to provide low-income resi-
dents technical and financial assistance to help reduce en-
ergy bills, including by making homes more energy effi-
cient. 
SEC. 401. WEATHERIZATION ASSISTANCE PROGRAM. 
(a) DWELLING UNIT AVERAGES.—Section 415(c) of 
the Energy Conservation and Production Act (42 U.S.C. 
6865(c)) is amended— 
(1) in paragraph (1), by striking ‘‘$6,500 per 
dwelling unit’’ and inserting ‘‘$10,000 per dwelling 
unit’’; and 
(2) in paragraph (4), by striking ‘‘$3,000 per 
dwelling unit’’ and inserting ‘‘$8,000 per dwelling 
unit’’. 
(b) AUTHORIZATION.—Section 422 of the Energy 
Conservation and Production Act (42 U.S.C. 6872) is 
amended by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) $350,000,000 for fiscal year 2022; 
‘‘(2) $400,000,000 for fiscal year 2023; 
‘‘(3) $500,000,000 for fiscal year 2024; 
‘‘(4) $600,000,000 for fiscal year 2025; and 
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‘‘(5) $700,000,000 for fiscal year 2026.’’. 
SEC. 402. LIHEAP AUTHORIZATION. 
Section 2602 of the Low-Income Home Energy As-
sistance Act of 1981 (42 U.S.C. 8621) is amended— 
(1) in subsection (b), by striking ‘‘through 
2007’’ and inserting ‘‘through 2030’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘through 
2004’’ and inserting ‘‘through 2030’’; and 
(B) in paragraph (2), by striking ‘‘through 
2004’’ and inserting ‘‘through 2030’’. 
TITLE V—ENERGY WORKFORCE 
TRANSITION AND TRAINING 
SEC. 500. PURPOSES AND DEFINITIONS. 
(a) PURPOSES.—The purposes of this title are to pro-
vide for a transition to a modern energy system, including 
by ensuring that— 
(1) the United States has a workforce prepared 
to address the needs of the modern energy system; 
(2) workers in declining energy sectors and in 
disenfranchised communities acquire well-paying 
jobs in growing energy sectors; 
(3) communities, especially those that are dis-
proportionately vulnerable to the impacts of climate 
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161 
change and other pollution, can be made resilient to 
the impacts of climate change; and 
(4) communities that are primarily dependent 
on fossil fuel revenues can be made resilient to the 
economic impacts of energy transition. 
(b) DEFINITIONS.—In this title: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Energy Workforce 
Transition Advisory Committee established by sec-
tion 511(e). 
(2) APPRENTICESHIP
PROGRAM.—The term 
‘‘apprenticeship program’’ means an apprenticeship 
registered under the Act of August 16, 1937 (29 
U.S.C. 50 et seq.) (commonly known as the ‘‘Na-
tional Apprenticeship Act’’), that meets the require-
ments of parts 29 and 30 of title 29, Code of Fed-
eral Regulations, as in effect on December 30, 2019. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office. 
(4) ENERGY-RELATED
FACILITY.—The term 
‘‘energy-related facility’’ includes a coal mine, a coal- 
fueled electric generating facility, an oil and natural 
gas extraction operation, or a natural gas-fueled 
electric generating facility. 
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(5) ENERGY-RELATED INDUSTRIAL FACILITY.— 
The term ‘‘energy-related industrial facility’’ in-
cludes a facility in the manufacturing and transpor-
tation supply chains of an energy-related facility. 
(6) ENERGY
TRANSITION
COMMUNITY.—The 
term ‘‘energy transition community’’ means a mu-
nicipality, county, region, or Tribal or indigenous 
community that has been affected since calendar 
year 2008 or later, or that demonstrates it will be 
impacted in the next 36 months, by the loss of 50 
or more jobs in total as a result of the closure of a 
energy-related facility, a energy-related industrial fa-
cility, or other type of energy-related entity, as de-
termined by the Director. 
(7) ENERGY TRANSITION WORKER.—The term 
‘‘energy transition worker’’ means a worker, includ-
ing a worker employed by contractors or subcontrac-
tors, who is terminated, laid off from employment, 
or whose work hours have been reduced, on or after 
the date of enactment of this Act, from a energy-re-
lated facility, energy-related industrial facility, or 
other type of energy-related entity. 
(8) ENERGY WORKFORCE TRANSITION PLAN.— 
The term ‘‘Energy Workforce Transition Plan’’ 
means the plan developed under section 511(e). 
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163 
(9) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low-income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing, higher or more adverse 
human health or environmental effects. 
(10) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(11) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
(12) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given such term in 
section 2 of the National Labor Relations Act (29 
U.S.C. 152). 
(13) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
such term in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(14) 
LOCAL
WORKFORCE
DEVELOPMENT 
BOARD.—The term ‘‘local workforce development 
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board’’ means a board established under section 107 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3122). 
(15) MEMBER OF THE RESERVE COMPONENTS 
OF THE ARMED FORCES.—The term ‘‘member of the 
reserve components of the Armed Forces’’ means a 
member of the— 
(A) Army National Guard of the United 
States; 
(B) Army Reserve; 
(C) Navy Reserve; 
(D) Marine Corps Reserve; 
(E) Air National Guard of the United 
States; 
(F) Air Force Reserve; or 
(G) Coast Guard Reserve. 
(16) MINORITY INSTITUTION.—The term ‘‘mi-
nority institution’’ has the meaning given that term 
in section 365(3) of the Higher Education Act of 
1965 (20 U.S.C. 1067k(3)). 
(17) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means a group organized 
for purposes other than generating profit and in 
which no part of the organization’s income is distrib-
uted to its members, directors, or officers. 
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(18) OFFICE.—The term ‘‘Office’’ means the 
Energy Workforce Transition Office established by 
section 511. 
(19) PRE-APPRENTICESHIP.—The term ‘‘pre- 
apprenticeship’’ means, with respect to a program, 
an initiative or set of strategies that— 
(A) is designed to prepare participants to 
enter an apprenticeship program; 
(B) is carried out by an eligible sponsor 
that has a documented partnership with one or 
more sponsors of apprenticeship programs; and 
(C) includes each of the following: 
(i) Training (including a curriculum 
for the training) aligned with industry 
standards related to an apprenticeship pro-
gram and reviewed and approved annually 
by sponsors of the apprenticeship program 
within the documented partnership that 
will prepare participants by teaching the 
skills and competencies needed to enter 
one or more apprenticeship programs. 
(ii) Hands-on training and theoretical 
education for participants that does not 
displace a paid employee. 
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(iii) A formal agreement with a spon-
sor of an apprenticeship program that 
would enable participants who successfully 
complete the pre-apprenticeship program— 
(I) to enter into the apprentice-
ship program if a place in the pro-
gram is available and if the partici-
pant meets the qualifications of the 
apprenticeship program; and 
(II) to earn credits towards the 
apprenticeship program. 
(20) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(21) TRIBAL
OR
INDIGENOUS
COMMUNITY.— 
The term ‘‘Tribal or indigenous community’’ means 
a population of people who are members of— 
(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; or 
(D) any other community of indigenous 
people located in a State. 
(22) UNDEREMPLOYED.—The term ‘‘under-
employed’’ means with respect to an individual, an 
individual who is— 
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(A) employed at less than full-time because 
they are unable to obtain full-time employment; 
or 
(B) employed at a job that is inadequate 
to their training or economic needs. 
(23) VETERAN OF THE ARMED FORCES.—The 
term ‘‘veteran of the Armed Forces’’ means a person 
who served in the active military, naval, or air serv-
ice and who was discharged or released under condi-
tions other than dishonorable. 
(24) WAGE
DIFFERENTIAL
BENEFIT.—The 
term ‘‘wage differential benefit’’ means the dif-
ference between the wages and other benefits pro-
vided by— 
(A) a worker’s wages and benefits earned 
in a energy-related facility, energy-related in-
dustrial facility, or other energy-related entity 
on the day before the worker is terminated, laid 
off, or given a reduction in work hours; and 
(B) the worker’s current wages and bene-
fits, if any, after such a termination, lay-off, or 
reduction in work hours. 
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Subtitle A—State Energy Plans 
SEC. 501. STATE ENERGY PLANS. 
(a) IN GENERAL.—Section 362(d) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6322(d)) is amend-
ed— 
(1) in paragraph (16), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) by redesignating paragraph (17) as para-
graph (18); and 
(3) by inserting after paragraph (16) the fol-
lowing: 
‘‘(17) a State energy plan developed in accord-
ance with section 367; and’’. 
(b) STATE ENERGY PLANS.—Part D of title III of 
the Energy Policy and Conservation Act (42 U.S.C. 6321 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 367. STATE ENERGY PLANS. 
‘‘(a) IN GENERAL.—The Secretary may provide fi-
nancial assistance to a State to develop a State energy 
plan, for inclusion in a State energy conservation plan 
under section 362(d), to provide for— 
‘‘(1) the elimination of net greenhouse gas 
emissions; 
‘‘(2) improved air and water quality; 
‘‘(3) conservation of natural resources; 
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‘‘(4) reduction and elimination of environmental 
injustice; and 
‘‘(5) workforce transition planning. 
‘‘(b) CONTENTS.—A State developing a State energy 
plan under this section shall include in such plan, meas-
ures to— 
‘‘(1) ensure that the full social cost of carbon 
pollution is factored into decision making associated 
with electricity generation and utility investments in 
energy efficiency and electric vehicle infrastructure; 
‘‘(2) promote investments in a distribution sys-
tem that takes advantage of technology advancement 
and supports reduced pollution, consumer choice, 
and a resilient and reliable system; 
‘‘(3) address the need to site transmission lines 
and new electricity generating units efficiently; 
‘‘(4) evaluate the role of existing resources as 
part of utility planning to accelerate the transition 
to low-cost carbon emissions reductions; 
‘‘(5) engage with regional partners to explore 
the potential benefits of regional markets; 
‘‘(6) support utility leadership in its efforts to 
transition to sources of electricity that result in net 
zero greenhouse gas emissions; 
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‘‘(7) support infrastructure upgrades and smart 
grid investments to improve system-wide efficiency; 
‘‘(8) support building codes for new and retro-
fitted buildings that promote the energy efficiency of 
buildings and the electric grid; 
‘‘(9) support improved appliance efficiency 
standards; 
‘‘(10) support investments in electric vehicle in-
frastructure in ways that will ensure a more efficient 
grid and greater adoption of electric vehicles, includ-
ing in rural areas; 
‘‘(11) support workforce and economic transi-
tion planning for communities impacted by a chang-
ing energy landscape, as informed by the Energy 
Workforce Transition Plan developed under section 
511 of the Clean Energy Innovation and Deploy-
ment Act of 2021, and the Clean Energy Jobs 
Training Program established under section 522 of 
such Act; 
‘‘(12) support sustainable recreation and tour-
ism in workforce and economic transition planning; 
‘‘(13) eliminate the disproportionate burden of 
adverse human health or environmental effects on 
communities of color, low-income communities, and 
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Tribal or indigenous communities in such State, as 
determined by the Secretary; 
‘‘(14) support increased acknowledgment of, 
and considerations for, indigenous and Tribal sov-
ereignty; and 
‘‘(15) develop strategies to support local clean 
energy goals facilitating utility-community coopera-
tion and private sector partnerships. 
‘‘(c) COORDINATION.—In developing a State energy 
plan under this section, a State shall coordinate, as appro-
priate, with— 
‘‘(1) State regulatory authorities (as defined in 
section 3 of the Public Utility Regulatory Policies 
Act of 1978); 
‘‘(2) electric utilities; 
‘‘(3) Regional Transmission Organizations (as 
defined in section 3 of the Federal Power Act) and 
Independent System Operators (as defined in section 
3 of the Federal Power Act); 
‘‘(4) private entities, including representatives 
from the power sector and clean energy industry; 
‘‘(5) State agencies, metropolitan planning or-
ganizations, and local governments; 
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‘‘(6) the Energy Workforce Transition Office 
established by section 511 of the Clean Energy In-
novation and Deployment Act of 2021; and 
‘‘(7) labor organizations, such as those rep-
resenting workers in the construction, manufac-
turing, or energy sectors. 
‘‘(d) TECHNICAL ASSISTANCE.—Upon request of the 
Governor of a State, the Secretary shall provide informa-
tion and technical assistance in the development, imple-
mentation, or revision of a State energy plan.’’. 
SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 
(a) STATE ENERGY CONSERVATION PLANS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended to read as follows: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) STATE ENERGY CONSERVATION PLANS.— 
For the purpose of carrying out this part, there is 
authorized to be appropriated $100,000,000 for each 
of fiscal years 2022 through 2026. 
‘‘(2) STATE
ENERGY
PLANS.—In addition to 
the amounts authorized under paragraph (1), for the 
purpose of carrying out section 367, there is author-
ized to be appropriated $25,000,000 for each of fis-
cal years 2022 through 2026.’’. 
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(b) TRANSPORTATION ELECTRIFICATION.—Section 
131 of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17011) is amended— 
(1) in subsection (b)(6), by striking ‘‘2008 
through 2012’’ and inserting ‘‘2022 through 2026’’; 
and 
(2) in subsection (c)(4), by striking ‘‘2008 
through 2013’’ and inserting ‘‘2022 through 2026’’. 
Subtitle B—Energy Workforce 
Transition 
SEC. 511. ENERGY WORKFORCE TRANSITION OFFICE AND 
ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—There is hereby established 
within the Department of Energy an office, to be known 
as the Energy Workforce Transition Office. 
(b) EXEMPTION FROM REORGANIZATION.—The Of-
fice shall be exempt from the reorganization authority pro-
vided under section 643 of the Department of Energy Or-
ganization Act (42 U.S.C. 7253). 
(c) DIRECTOR.—The Secretary shall appoint as the 
head of the Office a Director, who shall manage the oper-
ations of the Office. 
(d) DUTIES OF THE OFFICE.—The duties of the Of-
fice shall be to— 
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(1) identify or estimate, to the extent prac-
ticable, with respect to the period that begins on the 
date of enactment of this Act and ends on January 
1, 2030— 
(A) the timing and location of facility clo-
sures and job terminations or layoffs in energy- 
related facilities, energy-related industrial facili-
ties, and other energy-related entities; and 
(B) the impact of such terminations, lay-
offs, or reduced work hours on affected workers 
(including those employed by a contractor or 
subcontractor), businesses, and energy transi-
tion communities; and 
(2) provide administrative, logistical, research, 
and policy support and recommendations to the Ad-
visory Committee. 
(e) ENERGY WORKFORCE TRANSITION ADVISORY 
COMMITTEE.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished an advisory committee, to be known as the 
Energy Workforce Transition Advisory Committee. 
(2) ENERGY WORKFORCE TRANSITION PLAN.— 
(A) IN
GENERAL.—The Advisory Com-
mittee shall develop and finalize a plan, to be 
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known as the Energy Workforce Transition 
Plan. 
(B) PURPOSE.—The purpose of the En-
ergy Workforce Transition Plan is to identify, 
align, and streamline resources to assist work-
ers and communities impacted by the transition 
to a clean energy economy. 
(C) PUBLIC MEETINGS.—In developing the 
Energy Workforce Transition Plan, the Advi-
sory Committee shall hold no less than 4 public 
meetings in energy transition communities, with 
opportunities for members of the public to pro-
vide input. 
(D) CONTENTS.—The Energy Workforce 
Transition Plan shall include— 
(i) a description of the challenges that 
energy transition communities encounter, 
including challenges associated with eco-
nomic and employment transition, and 
challenges particular to certain regions; 
(ii) a description of benefits, grants, 
and other sources of funding to address 
the challenges described under clause (i) 
that may be accessed from Federal, State, 
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local, and other sources without additional 
legislative authority or approval; 
(iii) a description of sources of fund-
ing to address the challenges described 
under clause (i) that require additional leg-
islative authority or approval; 
(iv) recommendations for aligning 
local, State, Federal, and other resources 
to invest in energy transition communities 
and energy transition workers; 
(v) recommendations for establishing 
benefits for energy transition workers, in-
cluding consideration of— 
(I) benefits similar in type, 
amount, and duration to Federal ben-
efits that are not otherwise available 
to all energy transition workers, in-
cluding pensions; 
(II) wage differential benefits for 
energy transition workers, including 
consideration of eligibility and the du-
ration of the benefits; and 
(III) collaboration with existing 
or future employers of energy transi-
tion workers and relevant labor orga-
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177 
nizations, to inform energy transition 
workers how to apply for wage dif-
ferential and other eligible benefits; 
(vi) recommendations for grants and 
other programmatic support for energy 
transition communities, and entities that 
support energy transition communities, in-
cluding— 
(I) 
grants 
and 
other 
pro-
grammatic support provided by coun-
ties, municipalities, cities, or other po-
litical subdivisions of a State; 
(II) 
grants 
and 
other 
pro-
grammatic support provided Indian 
Tribes; 
(III) apprenticeships programs; 
(IV) 
grants 
and 
other 
pro-
grammatic support to be provided by 
institutions of higher education; and 
(V) 
grants 
and 
other 
pro-
grammatic support to be provided by 
public or private nonprofit organiza-
tions or associations; 
(vii) recommendations for establishing 
community transition resource centers in 
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energy transition communities, in order to 
provide such communities a source of cur-
rent information regarding the resources 
described in this subparagraph; 
(viii) identification of the projected 
short-term and long-term costs of each ac-
tivity recommended in the Energy Work-
force Transition Plan, including worker 
benefits, grant programs, and other activi-
ties; 
(ix) identification of the potential 
sources for sustainable short-term and 
long-term funding for implementing the ac-
tivities recommended in the Energy Work-
force Transition Plan; 
(x) the potential advantages or dis-
advantages of extending activities rec-
ommended in the Energy Workforce Tran-
sition Plan to other sectors and industries 
affected by similar economic disruptions; 
and 
(xi) recommendations, made in con-
sultation with relevant Federal agencies, 
including the Department of Labor, and 
relevant State authorities, for efficient im-
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plementation of the activities recommended 
in the Energy Workforce Transition Plan. 
(E) REPORT
TO
CONGRESS.—Not later 
than January 1, 2023, the Advisory Committee 
shall submit to Congress the Energy Workforce 
Transition Plan, as well as any recommenda-
tions to be considered in order to better achieve 
the plan. 
(3) MEMBERSHIP.—The Advisory Committee 
shall consist of the following members: 
(A) Ex officio members as follows: 
(i) A representative of the Depart-
ment of Labor. 
(ii) A representative of the Economic 
Development Administration of the De-
partment of Commerce. 
(iii) A representative of the Executive 
Office of the President. 
(B) The following members appointed by 
the Director: 
(i) 4 representatives of energy transi-
tion workers, including at least one from a 
union representing coal workers, one from 
a building trades union, and one from a 
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union representing other energy transition 
workers. 
(ii) 3 representatives from energy 
transition communities. 
(iii) 2 representatives with profes-
sional economic development or workforce 
retraining experience. 
(iv) 2 representatives of environmental 
justice communities. 
(v) 2 representatives of electric utili-
ties that, on the date of enactment of this 
Act, operate a energy-related facility. 
(4) TERM.—Except as otherwise provided in 
this section, the term of appointment or designation 
of a member of the Advisory Committee shall end on 
January 1, 2027. 
(5) EXPENSES.—In accordance with section 
5703 of title 5, United States Code, each member of 
the Advisory Committee may receive payment of a 
per diem and reimbursement for actual and nec-
essary expenses. 
(6) CHAIR.—The Advisory Committee shall 
elect a chair from among its members to serve for 
a term not to exceed 2 years, as determined appro-
priate by the Advisory Committee. 
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(7) MEETINGS.—The Advisory Committee shall 
meet at least once every quarter. The chair of the 
Advisory Committee may call such additional meet-
ings as are necessary for the Advisory Committee, 
with the Secretary, to develop and submit to Con-
gress the Energy Workforce Transition Plan. 
(8) ENGAGEMENT OF OTHERS.—The Advisory 
Committee may engage additional nonvoting mem-
bers or advisors to provide additional expertise as 
needed. 
(9) TERMINATION.—Section 14(a) of the Fed-
eral Advisory Committee Act shall not apply to the 
Advisory Committee. 
SEC. 512. ENERGY WORKFORCE TRANSITION PLANS AND 
REEMPLOYMENT OF AFFECTED WORKERS. 
(a) SUBMISSION.—The owner or operator of an en-
ergy-related facility shall to the extent practicable submit 
to the Director a workforce transition plan— 
(1) with respect to a coal-fueled electric gener-
ating facility with a capacity of more than 50 
megawatts, not later than 6 months before the clo-
sure of the facility; 
(2) with respect to a coal mine with a capacity 
of more than 4,000,000 short tons of coal per year, 
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not later than 6 months before the closure of the 
coal mine; and 
(3) with respect to an energy-related facility not 
described under paragraph (1) or (2), not later than 
90 days before the closure of the facility. 
(b) CONTENTS.—To the extent practicable, a work-
force transition plan submitted under subsection (a) shall 
include estimates of— 
(1) the number of workers, including those em-
ployed by a contractor or subcontractor, employed 
by the energy-related facility before the closure of 
the facility; 
(2) the total number of such workers, including 
those employed by a contractor or subcontractor, 
whose employment, as a result of the closure of the 
energy-related facility, will— 
(A) be retained; 
(B) be eliminated; and 
(C) be given a reduction in hours; 
(3) with respect to the workers, including those 
employed by a contractor or subcontractor, whose 
existing jobs will be eliminated as a result of the clo-
sure of the energy-related facility the total number, 
and the number by job classification, of workers— 
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(A) whose employment will end without 
being offered other employment; 
(B) who will retire as planned, be offered 
early retirement, or leave on their own; 
(C) who will be retained by being trans-
ferred to other activities under the employment 
of the owner or operator; and 
(D) who will be retained to continue to 
work for the owner or operator in a new job 
classification; and 
(4) with respect to the workers, including those 
employed by a contractor or subcontractor, whose 
existing jobs will be retained during the closure of 
the energy-related facility, the total number, and the 
number by job classification, of workers who will 
work on the decommissioning and environmental re-
mediation of the facility; and 
(5) if an owner or operator is replacing a en-
ergy-related facility with a new electric generating 
facility, the number of— 
(A) workers from the closed energy-related 
facility who will be employed at the new electric 
generating facility; and 
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(B) jobs at the new electric generating fa-
cility that will be outsourced to contractors or 
subcontractors. 
(c) PRIVACY.—A workforce transition plan submitted 
under subsection (a) shall not include information that 
violates privacy of workers or confidential business infor-
mation. 
(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall promul-
gate regulations to implement this subtitle. 
(e) COMPLIANCE.—The owner or operator of an en-
ergy-related facility shall face a fine or fee, as determined 
appropriate by the Secretary, should they fail to submit 
a workforce transition plan in accordance with this sec-
tion. 
Subtitle C—Modern Energy 
Workforce Development 
PART 1—MODERN ENERGY WORKFORCE 
DEVELOPMENT 
SEC. 521. MODERN ENERGY WORKFORCE DEVELOPMENT. 
(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the Secretary of Labor, shall establish and carry 
out a comprehensive and nationwide program (referred to 
in this section as the ‘‘Program’’) to improve education 
and training for jobs in energy-related industries (includ-
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ing manufacturing, engineering, construction, and retro-
fitting jobs in energy-related industries) to increase the 
number of skilled workers trained to work in energy-re-
lated industries with existing or expected worker short-
ages. 
(b) WORKFORCE DEVELOPMENT.— 
(1) IN
GENERAL.—In carrying out the Pro-
gram, the Secretary shall— 
(A) offer available resources to energy 
transition 
workers 
and 
underrepresented 
groups, including religious and ethnic minori-
ties, women, veterans, individuals with disabil-
ities, and socioeconomically disadvantaged indi-
viduals, to enter into science, technology, engi-
neering, and mathematics fields; 
(B) offer available resources to institutions 
of higher education to equip students with the 
skills, training, and technical expertise nec-
essary to fill existing or expected worker short-
ages in energy-related industries; 
(C) provide internships, fellowships, and 
traineeships at the Department of Energy, in-
cluding at National Laboratories; 
(D) provide energy workforce-related re-
search grants and technical assistance to insti-
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tutions of higher education, with priority given 
to minority institutions; 
(E) ensure that internships, fellowships, 
traineeships, apprenticeships, and pre-appren-
ticeships provide the necessary skills and certifi-
cations for employment in energy-related indus-
tries with existing or expected worker short-
ages; 
(F) ensure alignment with the goals de-
fined under the Minorities in Energy Initiative 
of the Department of Energy; 
(G) ensure alignment with other programs 
that are carrying out the Minorities in Energy 
Initiative of the Department of Energy; 
(H) to the maximum extent practicable, 
collaborate with and support State workforce 
development programs to maximize the effi-
ciency of the Program; and 
(I) work with labor organizations and insti-
tutions of higher education to promote pre-ap-
prenticeship as a pathway to an energy-related 
career through an apprenticeship program. 
(2) PRIORITY.—In carrying out the Program, 
the Secretary shall— 
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(A) prioritize the education and training of 
energy transition workers and underrepresented 
groups, including religious and ethnic minori-
ties, women, veterans, individuals with disabil-
ities, and socioeconomically disadvantaged indi-
viduals for jobs in energy-related industries, es-
pecially construction; and 
(B) partner with labor organizations that 
have multi-year records of training and sup-
porting energy transition workers and under-
represented groups to successful completion of 
pre-apprenticeship 
and 
apprenticeship 
pro-
grams. 
(c) DIRECT ASSISTANCE.— 
(1) IN
GENERAL.—In carrying out the Pro-
gram, the Secretary shall provide direct assistance 
(including financial assistance awards, technical ex-
pertise, and guidance) to local educational agencies, 
local workforce development boards, institutions of 
higher education, nonprofit organizations, labor or-
ganizations, apprenticeship programs, and pre-ap-
prenticeship programs. 
(2) DISTRIBUTION.—The Secretary shall dis-
tribute direct assistance under paragraph (1) in a 
manner that— 
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(A) is reflective of the needs of, and de-
mand for jobs in, an energy-related industry; 
and 
(B) is consistent with the information ob-
tained under subsections (e)(4) and (j). 
(3) RESTRICTION.—In providing financial as-
sistance awards under paragraph (1) for education 
and training relating to construction, eligible entities 
shall only include apprenticeship programs, and pre- 
apprenticeship programs that have an articulation 
agreement with one or more apprenticeship pro-
grams. 
(d) RESOURCE CENTER.—The Secretary shall estab-
lish an online resource center— 
(1) to maintain and update information and re-
sources on training programs for jobs in energy-re-
lated industries (including manufacturing, engineer-
ing, construction, and retrofitting jobs in energy-re-
lated industries); and 
(2) to connect local educational agencies, State 
educational agencies, institutions of higher edu-
cation, local workforce development boards, State 
workforce development boards, nonprofit organiza-
tions, labor organizations, apprenticeship programs 
and pre-apprenticeship programs that are working to 
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develop and implement training programs for the 
jobs described in paragraph (1) to share resources, 
approaches, and best practices. 
(e) COLLABORATION AND REPORT.—In carrying out 
the Program, the Secretary shall— 
(1) collaborate with local educational agencies, 
institutions of higher education, local workforce de-
velopment boards, Tribal or indigenous community 
leadership, nonprofit organizations, labor organiza-
tions, apprenticeship programs and pre-apprentice-
ship programs, and energy-related industries; 
(2) facilitate the sharing of best practices and 
approaches that best suit local, State, and national 
needs; 
(3) 
encourage 
and 
foster 
collaboration, 
mentorship, and partnership between— 
(A) industry partners, local workforce de-
velopment boards, Tribal or indigenous commu-
nity leadership, nonprofit organizations, labor 
organizations, apprenticeship and pre-appren-
ticeship programs, that provide effective train-
ing programs for jobs in energy-related indus-
tries; and 
(B) local educational agencies, State edu-
cational agencies, and institutions of higher 
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education that seek to establish those programs; 
and 
(4) collaborate with the Secretary of Labor, the 
Commissioner of the Bureau of Labor Statistics, the 
Secretary of Commerce, the Director of the Bureau 
of the Census, labor organizations, and energy-re-
lated industries— 
(A) to develop a comprehensive and de-
tailed understanding of the workforce needs of, 
and job opportunities in, energy-related indus-
tries, by State and by region; and 
(B) to publish an annual report on job cre-
ation in the sectors of energy-related industries 
identified under subsection (j). 
(f) BEST PRACTICES FOR EDUCATIONAL INSTITU-
TIONS.— 
(1) IN GENERAL.—The Secretary, in collabora-
tion with the Secretary of Education, the Secretary 
of Commerce, the Secretary of Labor, and the Direc-
tor of the National Science Foundation, shall de-
velop and report best practices for providing stu-
dents with skills necessary for jobs in energy-related 
industries (including manufacturing, engineering, 
construction, and retrofitting jobs in energy-related 
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industries) to local educational agencies, institutions 
of higher education, and apprenticeship programs. 
(2) ENERGY EFFICIENCY AND COMMUNITY EN-
ERGY
RESILIENCY
INITIATIVES.—The 
Secretary 
shall develop and provide best practices for teaching 
students and the families of those students about en-
ergy efficiency and community energy resiliency. 
(3) INPUT FROM INDUSTRY LABOR ORGANIZA-
TIONS.—In carrying out paragraphs (1) and (2), the 
Secretary shall solicit input from energy-related in-
dustries and labor organizations, especially sectors 
with existing or expected worker shortages or exper-
tise in energy efficiency. 
(4) STEM EDUCATION.—In carrying out para-
graphs (1) and (2), the Secretary shall promote edu-
cation in science, technology, engineering, and math-
ematics. 
(g) OUTREACH
TO MINORITY INSTITUTIONS.—In 
carrying out the Program, the Secretary shall— 
(1) increase the Department of Energy’s out-
reach to minority institutions, including historically 
Black universities and colleges, community colleges, 
and Tribal institutions; 
(2) work with minority institutions to increase 
the number of skilled minorities and women quali-
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192 
fied for jobs in energy-related industries (including 
manufacturing, engineering, construction, and retro-
fitting jobs in energy-related industries); 
(3) work with energy-related industries to im-
prove opportunities for students of minority institu-
tions to participate in industry internships and coop-
erative work-study programs; and 
(4) work with the Directors of the National 
Laboratories to increase the participation of stu-
dents from minority institutions in internships, fel-
lowships, training programs, and employment at 
those laboratories. 
(h) OUTREACH
TO ENERGY TRANSITION WORK-
ERS.—The Secretary shall— 
(1) work with employers and job trainers, in-
cluding apprenticeship and pre-apprenticeship pro-
grams, in preparing energy transition workers for 
emerging jobs in energy-related industries (including 
manufacturing, engineering, construction, and retro-
fitting jobs in energy-related industries); 
(2) work with energy transition workers to in-
crease the number of individuals trained for jobs in 
energy-related industries (including manufacturing, 
engineering, construction, and retrofitting jobs in 
energy-related industries); and 
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(3) work with labor organizations and energy- 
related industry partners to improve opportunities 
for energy transition workers to participate in indus-
try internships, cooperative work-study programs, 
apprenticeships, and pre-apprenticeships. 
(i) ENROLLMENT IN TRAINING AND APPRENTICE-
SHIP AND PRE-APPRENTICESHIP PROGRAMS.—The Sec-
retary shall provide assistance to industry, local workforce 
development boards, State workforce development boards, 
nonprofit organizations, labor organizations, and appren-
ticeship programs in identifying students and other can-
didates, including energy transition workers and underrep-
resented groups, including religious and ethnic minorities, 
women, veterans, individuals with disabilities, and 
socioeconomically disadvantaged individuals, to enroll in 
training and apprenticeship programs and pre-apprentice-
ship programs for jobs in energy-related industries. 
(j) GUIDELINES TO DEVELOP SKILLS FOR A MOD-
ERN ENERGY INDUSTRY WORKFORCE.—The Secretary 
shall, in collaboration with energy-related industries and 
labor organizations, identify the sectors within each en-
ergy-related industry that have the greatest demand for 
workers and develop guidelines for the skills necessary to 
work in those sectors. The Secretary shall identify the sec-
tors in consultation with a broad cross-section of the en-
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ergy industry, including relevant energy industry organi-
zations, public and private employers, labor organizations, 
postsecondary education institutions, and workforce devel-
opment boards. 
(k) RULE OF CONSTRUCTION.—Nothing in this sec-
tion authorizes any department, agency, officer, or em-
ployee of the Federal Government to exercise any direc-
tion, supervision, or control over— 
(1) the curriculum, program of instruction, or 
instructional content of any State, local educational 
agency, or school; or 
(2) the selection of library resources, textbooks, 
or other printed or published instructional materials 
used by any State, local educational agency, or 
school. 
SEC. 522. CLEAN ENERGY JOBS TRAINING PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a National Laboratory, business, or labor 
organization that demonstrates success in placing 
graduates of pre-apprenticeship or apprenticeship 
programs in jobs relevant to such programs and— 
(A) is directly involved with zero-emission 
electricity technology, energy efficiency, or other 
activity that results in a reduction in green-
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house gas emissions, as determined by the Sec-
retary; 
(B) works on behalf of a business or labor 
organization that is directly involved with zero- 
emission electricity technology, energy effi-
ciency, or other activity that results in a reduc-
tion in greenhouse gas emissions, as determined 
by the Secretary; 
(C) provides services related to— 
(i) zero-emission electricity technology 
deployment and maintenance and energy 
efficiency; 
(ii) grid modernization; or 
(iii) reduction in greenhouse gas emis-
sions through the use of zero-emission en-
ergy technologies; 
(D) has knowledge of technician workforce 
needs of a National Laboratory or covered facil-
ity of the National Nuclear Security Adminis-
tration and the associated security requirements 
of such laboratory or facility; 
(E) demonstrates experience in imple-
menting and operating apprenticeship programs 
or pre-apprenticeship programs that provide a 
direct pathway to an energy-related career; or 
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(F) demonstrates success in placing grad-
uates of pre-apprenticeship or apprenticeship 
programs in jobs relevant to such programs. 
(2) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means any of the following lab-
oratories owned by the Department of Energy: 
(A) Ames Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Accelerator Labora-
tory. 
(E) Idaho National Laboratory. 
(F) Lawrence Berkeley National Labora-
tory. 
(G) Lawrence Livermore National Labora-
tory. 
(H) Los Alamos National Laboratory. 
(I) National Energy Technology Labora-
tory. 
(J) National Renewable Energy Labora-
tory. 
(K) Oak Ridge National Laboratory. 
(L) Pacific Northwest National Labora-
tory. 
(M) Princeton Plasma Physics Laboratory. 
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(N) Sandia National Laboratories. 
(O) Savannah River National Laboratory. 
(P) Stanford Linear Accelerator Center. 
(Q) Thomas Jefferson National Accel-
erator Facility. 
(3) PROGRAM.—The term ‘‘Program’’ means 
the Clean Energy Jobs Training Program estab-
lished under subsection (b). 
(b) ESTABLISHMENT.—The Secretary, in consulta-
tion with the Secretary of Labor, shall establish a pro-
gram, to be known as the Clean Energy Jobs Training 
Program, to provide competitively awarded cost-shared 
grants to eligible entities to pay for on-the-job training 
of a new or existing employee— 
(1) to work in zero-emission electricity genera-
tion, energy efficiency, or grid modernization; 
(2) to work otherwise on the reduction of green-
house gas emissions; or 
(3) to participate in a pre-apprenticeship pro-
gram that provides a direct pathway to an energy- 
related career in construction through one or more 
apprenticeship programs. 
(c) GRANTS.— 
(1) IN GENERAL.—An eligible entity desiring a 
grant under the Program shall submit to the Sec-
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retary an application at such time, in such manner, 
and containing such information as the Secretary 
may require. 
(2) PRIORITY FOR TARGETED COMMUNITIES.— 
In providing grants under the Program, the Sec-
retary shall give priority to an eligible entity that— 
(A) recruits employees— 
(i) from the one or more communities 
that are served by the eligible entity; and 
(ii) that are minorities, women, vet-
erans, individuals from Indian Tribes or 
Tribal organizations, or energy transition 
workers; 
(B) provides trainees with the opportunity 
to obtain real-world experience; 
(C) has fewer than 100 employees; and 
(D) in the case of a pre-apprenticeship 
program, demonstrates— 
(i) a multi-year record of successfully 
recruiting energy transition workers, mi-
norities, women, and veterans for training 
and supporting such individuals to a suc-
cessful completion of a pre-apprenticeship 
program; and 
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(ii) a successful multi-year record of 
placing the majority of pre-apprenticeship 
program graduates into apprenticeship 
programs in the construction industry. 
(3) USE OF GRANT FOR FEDERAL SHARE.— 
(A) IN GENERAL.—An eligible entity shall 
use a grant received under the Program to— 
(i) pay the Federal share of the cost 
of providing on-the-job training for an em-
ployee, in accordance with subparagraph 
(B); or 
(ii) in the case of a pre-apprenticeship 
program— 
(I) recruit minorities, women, 
and veterans for training; 
(II) support those individuals in 
the successful completion of the pre- 
apprenticeship program; and 
(III) carry out any other activity 
of the pre-apprenticeship program, as 
determined to be appropriate by the 
Secretary of Labor, in consultation 
with the Secretary. 
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(B) FEDERAL SHARE AMOUNT.—The Fed-
eral share described in subparagraph (A)(i) 
shall not exceed— 
(i) in the case of an eligible entity 
with 20 or fewer employees, 45 percent of 
the cost of on-the-job training for an em-
ployee; 
(ii) in the case of an eligible entity 
with not fewer than 21 employees and not 
more than 99 employees, 37.5 percent of 
the cost of on-the-job training for an em-
ployee; 
(iii) in the case of an eligible entity 
with not fewer than 100 employees, 25 
percent of the cost of on-the-job training 
for an employee; and 
(iv) in the case of an eligible entity 
that administers a pre-apprenticeship pro-
gram, 75 percent of the cost of the pre-ap-
prenticeship program. 
(4) EMPLOYER
PAYMENT
OF
NON-FEDERAL 
SHARE.— 
(A) IN GENERAL.—The non-Federal share 
of the cost of providing on-the-job training for 
an employee under a grant received under the 
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Program shall be paid in cash or in kind by the 
employer of the employee receiving the training 
or by a nonprofit organization. 
(B) INCLUSIONS.—The non-Federal share 
described in subparagraph (A) may include the 
amount of wages paid by the employer to the 
employee during the time that the employee is 
receiving on-the-job training, as fairly evaluated 
by the Secretary of Labor. 
(5) CONSTRUCTION.—In providing grants under 
the Program for training, recruitment, and support 
relating to construction, eligible entities shall only 
include pre-apprenticeship programs that have an 
articulation agreement with one or more apprentice-
ship programs. 
(6) GRANT AMOUNT.—An eligible entity may 
not receive more than $1,000,000 per fiscal year in 
grant funds under the Program. 
SEC. 523. UNIVERSITY ZERO-EMISSION ENERGY LEADER-
SHIP PROGRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Subtitle E of title IX of the 
Energy Policy Act of 2005 is amended by adding at 
the end the following: 
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‘‘SEC. 959D. UNIVERSITY ZERO-EMISSION ENERGY LEADER-
SHIP PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary of Energy 
shall establish a program, to be known as the University 
Zero-Emission Energy Leadership Program. 
‘‘(b) USE OF FUNDS.—Amounts made available to 
carry out the University Zero-Emission Energy Leader-
ship Program— 
‘‘(1) shall be used to provide financial assist-
ance for scholarships, fellowships, and research and 
development projects at institutions of higher edu-
cation in areas relevant to departmental missions in 
research, development, demonstration, and deploy-
ment activities for zero-emission technologies; 
‘‘(2) may be used to provide financial assistance 
to businesses to offset the costs of a partnership 
with, or investments in, institutions of higher edu-
cation in areas relevant to departmental missions in 
research, development, demonstration, and deploy-
ment activities for zero-emission technologies; and 
‘‘(3) may be used to provide financial assistance 
for a scholarship, fellowship, or multiyear research 
and development project that does not align directly 
with a departmental mission, if the activity for 
which assistance is provided promotes a zero-emis-
sion energy transition.’’. 
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(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Policy Act of 2005 is further 
amended by adding after the item relating to section 
959D the following: 
‘‘Sec. 959D. University Zero-Emission Energy Leadership Program.’’. 
(b) REPEAL.—The Energy and Water Development 
and Related Agencies Appropriations Act, 2009 is amend-
ed by striking section 313. 
SEC. 524. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this part such sums as may be necessary for each of fiscal 
years 2022 through 2035. 
PART 2—CLIMATE RESILIENCY CORPS 
SEC. 531. ESTABLISHMENT OF THE CLIMATE RESILIENCY 
CORPS. 
(a) GENERAL AUTHORITY.—The President shall es-
tablish a wholly owned Government corporation, to be 
known as the Climate Resiliency Corps, to employ resi-
dents of the United States who are unemployed or under-
employed, in the construction, maintenance, and carrying 
out of projects of a public nature in connection with, but 
not limited to— 
(1) mitigating the effects of disasters and other 
trends related to climate change, including by— 
(A) assessing community resilience to the 
impacts of climate change; 
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(B) collecting, monitoring, and analyzing 
data related to climate change and disasters; 
(C) developing a plan to improve commu-
nity resilience to the impacts of climate change 
through resilient infrastructure; and 
(D) building and maintaining resilient in-
frastructure, including by— 
(i) preserving, protecting, and restor-
ing habitat; 
(ii) stabilizing shorelines; 
(iii) removing invasive species and 
planting native species of trees, plants and 
groundcover; 
(iv) constructing bioswales and water 
bars; 
(v) 
improving 
drainage 
systems 
through use of permeable surfaces and 
rain gardens; 
(vi) removing hazardous fuels; 
(vii) conducting prescribed burns; 
(viii) establishing defensible space; 
(ix) retrofitting buildings; and 
(x) planting urban forestry, trees, and 
landscapes; 
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(2) preparing communities for disasters of a 
type projected as a result of climate change, includ-
ing by— 
(A) organizing community-based resiliency 
coalitions and working groups; 
(B) providing disaster preparedness or 
community emergency response team training 
to community-based organizations and resi-
dents; and 
(C) providing education on climate change, 
disaster, and resilience at community-based or-
ganizations and schools; 
(3) responding to disasters, including— 
(A) establishing and managing volunteers, 
distribution centers, and shelters; 
(B) supporting disaster response activities 
and centers, including fire camps; 
(C) clearing fallen trees and branches; 
(D) boarding up windows and doors and 
tarping roofs; and 
(E) mucking and gutting homes and build-
ings; 
(4) recovering from disasters, including— 
(A) clearing debris; 
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(B) repairing and rebuilding homes and 
buildings; 
(C) replanting native trees and plants; 
(D) restoring habitat; and 
(E) stabilizing shoreline and hillsides; and 
(5) other activities that are determined appro-
priate by the Chief Executive Officer and the Board 
of Directors of the Climate Resiliency Corps. 
(b) ENHANCING
CLIMATE
RESILIENCY
IN
DIS-
PROPORTIONATELY IMPACTED COMMUNITIES.—Not less 
than 40 percent of the amounts made available for the 
Climate Resiliency Corps shall be used to enhance the cli-
mate resiliency of environmental justice communities 
through activities described in subsection (a). 
(c) INCORPORATION.— 
(1) IN
GENERAL.—The Advisory Committee 
shall be deemed the incorporator of Climate Resil-
iency Corps, and the incorporation shall be held to 
have been effected from the date of the first meeting 
of the Advisory Committee. 
(2) CORPORATE OFFICE.—The Climate Resil-
iency Corps shall— 
(A) maintain an office in the District of 
Columbia; and 
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(B) for purposes of venue in civil actions, 
be considered to be a resident of the District of 
Columbia. 
(d) ROLE OF FEDERAL AGENCIES.—To operate the 
Climate Resiliency Corps, the President may authorize 
partnerships with existing Federal departments and agen-
cies, including the Department of Labor, the Department 
of Defense, the National Guard Bureau, the Department 
of the Interior, the Department of Agriculture, the Army 
Corps of Engineers, the Department of Transportation, 
the Department of Energy, the Environmental Protection 
Agency, and other Federal Governmental corporations. 
SEC. 532. BOARD OF DIRECTORS OF THE CLIMATE RESIL-
IENCY CORPS. 
(a) VOTING MEMBERSHIP OF THE BOARD OF DIREC-
TORS.— 
(1) IN
GENERAL.—The Climate Resiliency 
Corps shall have a Board of Directors (hereinafter 
referred to as the Board of Directors) consisting 
of— 
(A) 7 voting members appointed by the 
President, by and with the advice and consent 
of the Senate, not more than 4 of whom shall 
be from the same political party; and 
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(B) the chief executive officer of the Cli-
mate Resiliency Corps. 
(2) CHAIRPERSON.—One of the voting members 
of the Board of Directors shall be designated by the 
President to serve as Chairperson thereof. 
(3) CONGRESSIONAL RECOMMENDATIONS.—Not 
later than 30 days after the date of enactment of 
this Act, the majority leader of the Senate, the mi-
nority leader of the Senate, the Speaker of the 
House of Representatives, and the minority leader of 
the House of Representatives shall each submit a 
recommendation to the President for appointment of 
a voting member of the Board of Directors, after 
consultation with the appropriate committees of 
Congress. 
(b) POWERS AND DUTIES OF THE BOARD OF DIREC-
TORS.—The Board of Directors shall— 
(1) as soon as is practicable after the date on 
which all members are appointed, approve or dis-
approve senior management appointed by the chief 
executive officer; 
(2) not later than 180 days after the date on 
which all members are appointed— 
(A) develop and approve the bylaws of the 
Climate Resiliency Corps, including bylaws for 
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the regulation of the affairs and conduct of the 
business of the Climate Resiliency Corps; 
(B) establish subcommittees, including an 
audit committee that is composed solely of 
members of the Board of Directors who are 
independent of the senior management of the 
Corps; 
(C) develop and approve, in consultation 
with senior management, a conflict-of-interest 
policy for the Board of Directors and for senior 
management; 
(D) approve or disapprove internal policies 
that the chief executive officer shall submit to 
the Board of Directors; and 
(E) approve or disapprove a 1-year busi-
ness plan and budget for the Climate Resiliency 
Corps; 
(3) ensure that the Climate Resiliency Corps is 
at all times operated in a manner that is consistent 
with this part, by— 
(A) monitoring and assessing the effective-
ness of the Corps; 
(B) periodically reviewing internal policies; 
(C) reviewing and approving annual busi-
ness plans, annual budgets, and long-term 
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strategies submitted by the chief executive offi-
cer; 
(D) reviewing and approving annual re-
ports submitted by the chief executive officer; 
(E) engaging one or more external audi-
tors; and 
(F) reviewing and approving all changes to 
the organization of senior management; 
(4) establish such other criteria, requirements, 
or procedures as the Board of Directors may con-
sider to be appropriate in carrying out this part; 
(5) serve as the primary liaison for the Climate 
Resiliency Corps in interactions with Congress, the 
executive branch, and State and local governments, 
and to represent the Climate Resiliency Corps in 
such interactions and others; 
(6) approve by a vote of 5 of the 7 voting mem-
bers of the Board of Directors any changes to the 
bylaws or internal policies of the Climate Resiliency 
Corps; 
(7) have the authority and responsibility— 
(A) to oversee entering into and carry out 
such contracts, leases, cooperative agreements, 
or other transactions as are necessary to carry 
out this part with— 
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(i) any Federal department or agency; 
(ii) any State, territory, or Tribe of 
the United States; and 
(iii) any individual, public-private 
partnership, firm, association, or corpora-
tion; 
(B) to approve of the acquisition, lease, 
pledge, exchange, and disposal of real and per-
sonal property by the Climate Resiliency Corps 
and otherwise approve the exercise by the Cli-
mate Resiliency Corps of all of the usual inci-
dents of ownership of property, to the extent 
that the exercise of such powers is appropriate 
to and consistent with the purposes of the 
Corps; 
(C) to determine the character of, and the 
necessity for, the obligations and expenditures 
of the Climate Resiliency Corps, and the man-
ner in which the obligations and expenditures 
will be incurred, allowed, and paid, subject to 
this part and other Federal law specifically ap-
plicable to wholly owned Federal corporations; 
(D) to sue or be sued in the corporate ca-
pacity of the Climate Resiliency Corps in any 
court of competent jurisdiction; and 
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(E) to review all projects recommended by 
the chief executive officer for funding and to 
approve, postpone, or deny the same by major-
ity vote; and 
(8) delegate to the chief executive officer those 
duties that the Board of Directors determines appro-
priate. 
(c) VOTING RIGHTS.—Each voting member of the 
Board of Directors shall have an equal vote in all decisions 
of the Board of Directors. 
(d) QUALIFICATIONS OF VOTING MEMBERS.—Each 
voting member of the Board of Directors shall— 
(1) be a citizen of the United States; and 
(2) have significant demonstrated expertise in— 
(A) the management and administration of 
an institution or program relevant to the oper-
ation of the Climate Resiliency Corps; or 
(B) the financing, development, or oper-
ation of infrastructure projects. 
(e) TERMS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this part, each voting member of the Board 
of Directors shall be appointed for a term of 4 years. 
(2) INITIAL STAGGERED TERMS.—Of the voting 
members first appointed to the Board of Directors— 
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(A) the initial Chairperson and 3 of the 
other voting members shall each be appointed 
for a term of 4 years; and 
(B) the remaining 3 voting members shall 
each be appointed for a term of 2 years. 
(3) DATE OF INITIAL NOMINATIONS.—The ini-
tial nominations for the appointment of all voting 
members of the Board of Directors shall be made 
not later than 60 days after the date of enactment 
of this Act. 
(4) BEGINNING OF TERM.—The term of each of 
the initial voting members appointed under this sec-
tion shall commence immediately upon the date of 
appointment, except that, for purposes of calculating 
the term limits specified in this subsection, the ini-
tial terms shall each be construed as beginning on 
January 22 of the year following the date of the ini-
tial appointment. 
(5) VACANCIES.—A vacancy in the position of 
a voting member of the Board of Directors shall be 
filled by the President, and a member appointed to 
fill a vacancy on the Board of Directors occurring 
before the expiration of the term for which the pred-
ecessor was appointed shall be appointed only for 
the remainder of that term. 
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214 
(f) MEETINGS.— 
(1) OPEN TO THE PUBLIC; NOTICE.—Except as 
provided in paragraph (3), all meetings of the Board 
of Directors shall be— 
(A) open to the public; and 
(B) preceded by a public notice of at least 
14 days. 
(2) FREQUENCY.—The Board of Directors shall 
meet not later than 60 days after the date on which 
all members of the Board of Directors are first ap-
pointed, at least quarterly thereafter, and otherwise 
at the call of either the Chairperson or 5 voting 
members of the Board of Directors. 
(3) EXCEPTION FOR CLOSED MEETINGS.—The 
voting members of the Board of Directors may, by 
majority vote, close a meeting to the public if, dur-
ing the meeting to be closed, there is likely to be dis-
closed proprietary or sensitive information regarding 
an infrastructure project under consideration for as-
sistance pursuant to this part. The Board of Direc-
tors shall prepare minutes of any meeting that is 
closed to the public, and shall make such minutes 
available as soon as practicable, not later than 1 
year after the date of the closed meeting, with any 
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215 
necessary redactions to protect any proprietary or 
sensitive information. 
(4) QUORUM.—For purposes of meetings of the 
Board of Directors, 5 voting members of the Board 
of Directors shall constitute a quorum. 
(g) COMPENSATION
OF MEMBERS.—Each voting 
member of the Board of Directors shall be compensated 
at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level III of the Executive 
Schedule under section 5314 of title 5, United States 
Code, for each day (including travel time) during which 
the member is engaged in the performance of the duties 
of the Board of Directors. 
(h) CONFLICTS OF INTEREST.—A voting member of 
the Board of Directors may not participate in any review 
or decision affecting a project under consideration under 
this part, if the member has or is affiliated with an entity 
who has a financial interest in such project. 
SEC. 533. CHIEF EXECUTIVE OFFICER OF THE CLIMATE RE-
SILIENCY CORPS. 
(a) IN GENERAL.—The chief executive officer of the 
Climate Resiliency Corps (hereinafter referred to as the 
‘‘chief executive officer’’) shall be a nonvoting member of 
the Board of Directors, who shall be responsible for direct-
ing all activities of the Climate Resiliency Corps, and shall 
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support the Board of Directors as set forth in this part, 
as the Board of Directors determines necessary or appro-
priate. 
(b) APPOINTMENT AND TENURE OF THE CHIEF EX-
ECUTIVE OFFICER.— 
(1) IN GENERAL.—The President shall appoint 
the chief executive officer by and with the advice and 
consent of the Senate. 
(2) TERM.—The chief executive officer shall be 
appointed for a term of 6 years. 
(3) VACANCIES.—Any vacancy in the office of 
the chief executive officer shall be filled by the Presi-
dent, and the person appointed to fill a vacancy in 
that position occurring before the expiration of the 
term for which the predecessor was appointed shall 
be appointed only for the remainder of that term. 
(c) QUALIFICATIONS.—The chief executive officer— 
(1) shall have significant expertise in the fi-
nancing and development of infrastructure projects; 
and 
(2) may not— 
(A) hold any other public office; 
(B) have any financial interest in a project 
then being considered by the Board of Direc-
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217 
tors, unless that interest is placed in a blind 
trust; or 
(C) have any financial interest in an in-
vestment institution or its affiliates or any 
other entity seeking or likely to seek financial 
assistance for any infrastructure project from 
the Climate Resiliency Corps, unless any such 
interest is placed in a blind trust for the tenure 
of the service of the chief executive officer plus 
2 additional years. 
(d) RESPONSIBILITIES.—The chief executive officer 
shall have such executive functions, powers, and duties as 
may be prescribed by this part, the bylaws of the Climate 
Resiliency Corps, or the Board of Directors, including— 
(1) responsibility for the development and im-
plementation of the strategy of the Climate Resil-
iency Corps, including— 
(A) the development and submission to the 
Board of Directors of the annual business plans 
and budget of the Climate Resiliency Corps; 
(B) the development and submission to the 
Board of Directors of a long-term strategic plan 
for the Climate Resiliency Corps; and 
(C) the development, revision, and submis-
sion to the Board of Directors of internal poli-
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cies of the Climate Resiliency Corps, includ-
ing— 
(i) policies regarding the application 
and approval process for projects to be car-
ried out pursuant to this part, including— 
(I) guidelines for the selection 
and approval of projects; 
(II) specific criteria for deter-
mining eligibility for project selection; 
and 
(III) operational guidelines; and 
(ii) the estimated timeline for submis-
sion, approval, and completion of projects; 
(2) responsibility for the management and over-
sight of the daily activities, decisions, operations, 
and personnel of the Climate Resiliency Corps, in-
cluding— 
(A) the appointment of senior manage-
ment, subject to approval by the voting mem-
bers of the Board of Directors, and the hiring 
and termination of all other Climate Resiliency 
Corps personnel; 
(B) ensuring, in conjunction with the gen-
eral counsel, that all activities of the Climate 
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Resiliency Corps are carried out in compliance 
with applicable law; 
(C) overseeing the involvement of the Cli-
mate Resiliency Corps in all projects, includ-
ing— 
(i) developing eligible projects; 
(ii) determining the terms and condi-
tions of all infrastructure projects; 
(iii) 
monitoring 
all 
infrastructure 
projects; 
(iv) preparing and submitting for ap-
proval by the Board of Directors the docu-
ments required under paragraph (1); and 
(v) ensuring the implementation of de-
cisions of the Board of Directors; and 
(D) such other activities as may be nec-
essary or appropriate in carrying out this part. 
(e) COMPENSATION.— 
(1) IN
GENERAL.—Any compensation assess-
ment or recommendation by the chief executive offi-
cer under this section shall be without regard to the 
provisions of chapter 51 or subchapter III of chapter 
53 of title 5, United States Code. 
(2) CONSIDERATIONS.—The compensation as-
sessment or recommendation required under this 
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subsection shall take into account merit principles, 
where applicable, as well as the education, experi-
ence, level of responsibility, geographic differences, 
and retention and recruitment needs in determining 
compensation of personnel. 
SEC. 534. SENIOR MANAGEMENT. 
(a) APPOINTMENT OF SENIOR MANAGEMENT.—The 
chief executive officer shall appoint such senior managers 
as are necessary to support the chief executive officer in 
the discharge of the responsibilities of the chief executive 
officer, as approved by a majority vote of the voting mem-
bers of the Board of Directors. 
(b) REMOVAL OF SENIOR MANAGEMENT.—Any mem-
ber of senior management may be removed, either by a 
majority of the voting members of the Board of Directors 
upon request by the chief executive officer, or otherwise 
by vote of not fewer than 5 voting members of the Board 
of Directors. 
(c) SENIOR MANAGEMENT.— 
(1) IN
GENERAL.—Each member of senior 
management shall report directly to the chief execu-
tive officer. 
(2) DUTIES AND RESPONSIBILITIES.— 
(A) CHIEF
FINANCIAL
OFFICER.—The 
chief financial officer shall be responsible for all 
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financial functions of the Corps, provided that, 
at the discretion of the Board of Directors, spe-
cific functions of the chief financial officer may 
be delegated externally. 
(B) CHIEF
COMPLIANCE
OFFICER.—The 
chief compliance officer shall be responsible for 
all functions of the Corps relating to internal 
audits, accounting safeguards, and the enforce-
ment of such safeguards and other applicable 
requirements. 
(C) GENERAL
COUNSEL.—The general 
counsel shall be responsible for all functions of 
the Corps relating to legal matters and, in con-
sultation with the chief executive officer, shall 
be responsible for ensuring that the Corps com-
plies with all applicable law. 
(D) CHIEF
OPERATIONS
OFFICER.—The 
chief operations officer shall be responsible for 
all operational functions of the Corps, including 
those relating to the continuing operations and 
performance of all infrastructure projects. 
(d) CONFLICTS OF INTEREST.—No individual ap-
pointed to senior management may— 
(1) hold any other public office; or 
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(2) have any financial interest in a project 
being considered by the Board of Directors, unless 
that interest is placed in a blind trust. 
SEC. 535. GENERAL EMPLOYMENT WITHIN THE CLIMATE 
RESILIENCY CORPS. 
(a) EMPLOYMENT PREFERENCE.—If the President 
determines that amounts appropriated to carry out the 
Climate Resiliency Corps for a fiscal year will be insuffi-
cient to employ all of the citizens of the United States 
who are seeking or likely to seek employment in the Cli-
mate Resiliency Corps, and to continue the employment 
of current employees who desire to remain in the Climate 
Resiliency Corps, the President shall give priority to the 
hiring of additional persons in the Climate Resiliency 
Corps to— 
(1) energy transition workers; 
(2) unemployed veterans of the Armed Forces 
and unemployed members of the reserve components 
of the Armed Forces; 
(3) unemployed citizens who have exhausted 
their entitlement to unemployment compensation; 
(4) unemployed citizens, who immediately be-
fore employment in the Climate Resiliency Corps, 
are eligible for unemployment compensation payable 
under any State law or Federal unemployment com-
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pensation law, including any additional compensa-
tion or extended compensation under such laws; and 
(5) other citizens from minority groups, includ-
ing, religious and ethnic minorities, women, and in-
dividuals with disabilities. 
(b) HOUSING AND CARE OF EMPLOYEES.—The Cli-
mate Resiliency Corps may provide housing for persons 
employed and furnish them with such subsistence, cloth-
ing, medical attendance and hospitalization, and cash al-
lowance, as may be necessary during the duration of em-
ployment. 
(c) 
TRANSPORTATION.—The 
Climate 
Resiliency 
Corps may provide for the transportation of persons em-
ployed to and from the places of employment. 
SEC. 536. PROJECT APPLICATIONS. 
To be eligible for a project to be completed by the 
Climate Resiliency Corps under this part, an entity shall 
submit directly to the chief executive officer an application 
in such manner and containing such information as the 
chief executive officer may require. 
SEC. 537. FUNDING. 
There is authorized to be appropriated to carry out 
this part $10,000,000,000, to remain available until ex-
pended. 
Æ 
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