I 
117TH CONGRESS 
1ST SESSION H. R. 4676 
To provide financial assistance to States and Indian Tribes for the develop-
ment, implementation, improvement, or expansion of a flex-tech energy 
program to enhance manufacturing competitiveness, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2021 
Mr. TONKO introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To provide financial assistance to States and Indian Tribes 
for the development, implementation, improvement, or 
expansion of a flex-tech energy program to enhance man-
ufacturing competitiveness, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘State Industrial Com-
petitiveness Act of 2021’’. 
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SEC. 2. STATE FLEX-TECH ENERGY PROGRAM. 
(a) IN GENERAL.—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. FLEX-TECH ENERGY PROGRAM TO ENHANCE 
MANUFACTURING COMPETITIVENESS. 
‘‘(a) FINANCIAL ASSISTANCE.—Upon request from 
the State energy agency of a State that has in effect an 
approved State energy conservation plan under this part, 
or an Indian Tribe, the Secretary shall provide financial 
assistance to such State energy agency or Indian Tribe 
to be used for the development, implementation, improve-
ment, or expansion of a flex-tech energy program de-
scribed in subsection (b) to enhance manufacturing com-
petitiveness. 
‘‘(b) FLEX-TECH ENERGY PROGRAM ELEMENTS.— 
‘‘(1) IN GENERAL.—A flex-tech energy program 
may include— 
‘‘(A) provision of technical and administra-
tive assistance to manufacturers through quali-
fied engineering firms, as determined by the 
State energy agency or Indian Tribe; 
‘‘(B) provision of financial assistance to 
manufacturers— 
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‘‘(i) for energy studies of manufac-
turing facilities that are conducted by 
qualified engineering firms; and 
‘‘(ii) to support the implementation of 
the measures and recommendations identi-
fied in energy studies conducted pursuant 
to clause (i), including the design, acquisi-
tion, installation, testing, operation, main-
tenance, and repair of energy- and water- 
using systems, resiliency-related measures, 
emissions reduction-related measures, util-
ity cost savings measures, and measures 
related to advanced manufacturing tech-
nologies and artificial intelligence; and 
‘‘(C) reporting on monitoring, tracking, 
and success metrics of the program. 
‘‘(2) STUDIES.—An energy study of a manufac-
turing facility conducted pursuant to paragraph 
(1)(B) may include— 
‘‘(A) an evaluation of the energy-using sys-
tems of the facility, including evaluation of the 
performance of such systems relative to design 
intent, operational needs of the facility and its 
occupants, and operation and maintenance pro-
cedures; 
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‘‘(B) an evaluation of emissions related to 
the facility, including greenhouse gas emissions, 
and recommendations on sustainability planning 
and practices; 
‘‘(C) an evaluation of potential energy effi-
ciency, water efficiency, greenhouse gas emis-
sions mitigation, and load reduction measures 
for the facility; 
‘‘(D) an evaluation of potential on-site en-
ergy measures, including grid-interactive effi-
ciency systems, combined heat and power, effi-
cient compressed air systems, energy storage, 
energy management systems, renewable thermal 
systems, and electrification or other forms of 
fuel switching; 
‘‘(E) recommendations on the use of new 
technologies by the applicable manufacturer; 
and 
‘‘(F) detailed estimates of potential imple-
mentation costs, operating cost savings, energy 
savings, emissions reductions, and simple pay-
back periods, for measures and recommenda-
tions identified in such study. 
‘‘(3) 
QUALIFIED
ENGINEERING
FIRMS.—A 
State energy agency or Indian Tribe administering 
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a flex-tech energy program shall maintain and regu-
larly update a publicly available list of qualified engi-
neering firms that are approved by the State energy 
agency or Indian Tribe to provide assistance to man-
ufacturers pursuant to this section. 
‘‘(c) FUNDING.— 
‘‘(1) ALLOCATION.—Except as provided in 
paragraph (2), to the extent practicable, the Sec-
retary shall allocate funding made available to carry 
out this section in accordance with the formula used 
for distribution of Federal financial assistance pro-
vided pursuant to this part to States that have in ef-
fect an approved State energy conservation plan 
under this part. 
‘‘(2) INDIAN TRIBES.—The Secretary shall set 
aside and distribute not less than 5 percent of 
amounts made available for each fiscal year to carry 
out this section to provide financial assistance— 
‘‘(A) to Indian Tribes; or 
‘‘(B) directly to manufacturers located in 
Indian Country or, in the case of Alaska, an 
Alaska Native Village Statistical Area, as iden-
tified by the U.S. Census Bureau, for energy 
studies and implementation of the measures 
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and recommendations identified in such energy 
studies, as described in subsection (b)(1)(B). 
‘‘(3) USE OF FUNDS.— 
‘‘(A) ENERGY
STUDIES; ADMINISTRATIVE 
EXPENSES.—A State energy agency or Indian 
Tribe that receives financial assistance pursu-
ant to this section for a fiscal year may not— 
‘‘(i) use more than 50 percent of such 
financial assistance for energy studies; 
‘‘(ii) use more than 50 percent of such 
financial assistance to support the imple-
mentation of recommendations from such 
energy studies; and 
‘‘(iii) use more than 10 percent of 
such financial assistance for administrative 
expenses, including for outreach and tech-
nical assistance. 
‘‘(B) INDIVIDUAL MANUFACTURING FACIL-
ITY.—A State energy agency that receives fi-
nancial assistance pursuant to this section for 
a fiscal year may not use more than 5 percent 
of such financial assistance with respect to an 
individual manufacturing facility. 
‘‘(4) SUPPLEMENT.—Financial assistance pro-
vided to a State energy agency or Indian Tribe pur-
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suant to this section shall be used to supplement, 
not supplant, any Federal, State, or other funds oth-
erwise made available to such State under this part. 
‘‘(5) FINANCING.—To the extent practicable, a 
State energy agency or Indian Tribe shall implement 
a flex-tech energy program described in subsection 
(b) using funding provided under this Act, public fi-
nancing, private financing, or any other sources of 
funds. 
‘‘(d) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—Upon request of a State 
energy agency or Indian Tribe, the Secretary shall 
provide information and technical assistance in the 
development, implementation, improvement, or ex-
pansion of a flex-tech energy program described in 
subsection (b). 
‘‘(2) INCLUSIONS.—Technical assistance pro-
vided pursuant to paragraph (1) may include pro-
gram design options to, with respect to manufactur-
ers that employ fewer than 500 full-time equivalent 
employees at a manufacturing facility— 
‘‘(A) meet the needs of such manufactur-
ers; and 
‘‘(B) encourage the use of advanced manu-
facturing processes by such manufacturers, in-
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cluding use of additive manufacturing, ad-
vanced sensors and controls, techniques to re-
duce embedded emissions, and advanced com-
posite materials. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) INDIAN
COUNTRY.—The term ‘Indian 
Country’ means— 
‘‘(A) all land within the limits of any In-
dian reservation under the jurisdiction of the 
United States Government, notwithstanding the 
issuance of any patent, and, including rights-of- 
way running through the reservation; 
‘‘(B) all dependent Indian communities 
within the borders of the United States whether 
within the original or subsequently acquired ter-
ritory thereof, and whether within or without 
the limits of a State; and 
‘‘(C) all Indian allotments, the Indian ti-
tles to which have not been extinguished, in-
cluding rights-of-way running through the 
same. 
‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
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‘‘(3) STATE ENERGY AGENCY.—The term ‘State 
energy agency’ has the meaning given such term in 
section 391(10).’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy and Conservation Act is 
amended by adding after the item related to section 366 
the following: 
‘‘Sec. 367. Flex-tech energy program to enhance manufacturing competitive-
ness.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended— 
(1) by striking ‘‘For the purpose of carrying 
out this part’’ and inserting ‘‘(1) For the purpose of 
carrying out this part’’; 
(2) by striking ‘‘fiscal years 2007 through 
2012’’ and inserting ‘‘fiscal years 2022 through 
2026’’; and 
(3) by adding at the end the following: 
‘‘(2) In addition to the authorization of appropria-
tions under paragraph (1), for the purposes of carrying 
out section 367, there are authorized to be appropriated 
$100,000,000 for each of fiscal years 2022 through 
2026.’’. 
Æ 
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