114 
the fossil-fueled electricity generation tech-
nology is— 
‘‘(i) captured and utilized; or 
‘‘(ii) stored in a manner that prevents 
emission to the atmosphere.’’. 
(b) CONFORMING AMENDMENT.—Section 1(b) of the 
Public Utility Regulatory Policies Act of 1978 is amended 
by adding after the item relating to section 608 the fol-
lowing: 
‘‘Sec. 609. Rural and remote communities electrification grants. 
‘‘Sec. 610. Federal decarbonization and innovation assessment program.’’. 
SEC. 402. FEDERAL CLEAN ELECTRICITY STANDARD. 
(a) PURPA AMENDMENTS.— 
(1) IN GENERAL.—Title VI of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2601 et 
seq.) is further amended by adding after section 610 
(as added by this Act) the following: 
‘‘SEC. 611. CLEAN ELECTRICITY STANDARD. 
‘‘(a) CLEAN ELECTRICITY CREDIT PROGRAM.—Not 
later than 180 days after the program trigger date and 
in accordance with this section, the Secretary shall estab-
lish a program— 
‘‘(1) to reduce the amount of carbon dioxide 
that is emitted by electricity generators; and 
‘‘(2) under which clean electricity credits are 
issued, tracked, and surrendered. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
115 
‘‘(b) ISSUANCE OF CLEAN ELECTRICITY CREDITS.— 
‘‘(1) IN GENERAL.—For each calendar year, be-
ginning on the program effective date, the Secretary 
shall issue clean electricity credits to each qualifying 
electricity generator in the amount determined under 
paragraph (2). 
‘‘(2) DETERMINATION OF CREDITS ISSUED.— 
Except as provided in paragraph (3), the number of 
clean electricity credits issued under paragraph (1) 
shall be the number that is equal to— 
‘‘(A) the number of megawatt-hours of 
electricity sold by the qualifying electricity gen-
erator; multiplied by 
‘‘(B) the number that is equal to— 
‘‘(i) 1.0; less 
‘‘(ii) the number that is equal to— 
‘‘(I) the annual carbon intensity 
of the qualifying electricity generator; 
divided by 
‘‘(II) 0.82. 
‘‘(3) USE
OF
DYNAMIC
CREDITING
METHOD-
OLOGY.—If a dynamic crediting methodology is ap-
proved under section 612(c), the Secretary shall use 
such methodology to determine the number of clean 
electricity credits to issue under this subsection. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
116 
‘‘(c) SURRENDER OF CREDITS.— 
‘‘(1) IN GENERAL.—For each compliance period 
each retail electricity supplier shall, except as pro-
vided in paragraph (2) and by not later than 6 
months after the date on which the compliance pe-
riod ends, surrender the number of clean electricity 
credits determined under paragraph (3). 
‘‘(2) PAYMENT.—For each clean electricity 
credit required to be surrendered under paragraph 
(1) that is not so surrendered, a retail electricity 
supplier shall pay an amount that is equal to the al-
ternative compliance price determined under para-
graph (7). 
‘‘(3) NUMBER OF CREDITS.— 
‘‘(A) IN GENERAL.—As determined by the 
Secretary, the number of clean electricity cred-
its required to be surrendered under paragraph 
(1) by each retail electricity supplier shall be 
equal to— 
‘‘(i) the percentage determined under 
subparagraph (B); multiplied by 
‘‘(ii) the number of megawatt-hours of 
electricity sold at retail by the retail elec-
tricity supplier during the applicable com-
pliance period. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
117 
‘‘(B) DETERMINATION OF PERCENTAGE.— 
‘‘(i) REDUCTION REQUIREMENT.—The 
Secretary shall determine the percentage to 
be applied in subparagraph (A)(i) for each 
compliance period that will result in an 80 
percent reduction in the amount of carbon 
dioxide emitted by electricity generators, 
relative to the amount of such emissions on 
the date of enactment of this section, by 
2050. 
‘‘(ii) LINEAR
CHANGES.—The Sec-
retary shall determine the percentage for 
each compliance period under clause (i) 
with the goal of achieving linear reductions 
in the amount of carbon dioxide emitted by 
electricity generators in each successive 
compliance period. 
‘‘(C) FIRST
COMPLIANCE
PERIOD.—The 
percentage determined under subparagraph (B) 
for the first compliance period shall be the 
greater of— 
‘‘(i) the percentage obtained by divid-
ing— 
‘‘(I) the total number of clean 
electricity credits that would be issued 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
118 
under subsection (b)(2) for the year 
in which this section is enacted; by 
‘‘(II) the total number of mega-
watt-hours of electricity sold by retail 
electricity suppliers in the year in 
which this section is enacted; and 
‘‘(ii) the percentage obtained by divid-
ing— 
‘‘(I) the total number of clean 
electricity credits projected to be 
issued under paragraph (4)(B) for 
2030; by 
‘‘(II) the total number of mega-
watt-hours projected to be sold by re-
tail electricity suppliers in 2030. 
‘‘(4) PROJECTIONS.— 
‘‘(A) EARLY PROJECTION FOR FIRST COM-
PLIANCE PERIOD.—Not later than the date that 
is 2 years after the date of enactment of this 
section, the Secretary shall publish a projection 
of the percentage to be used for purposes of 
paragraph (3)(A)(i) for the first compliance pe-
riod, which such projection shall be made based 
on the number of megawatt-hours of electricity 
sold by qualifying electricity generators during 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
119 
the period of five years that precedes the date 
of the projection and the associated carbon di-
oxide emissions. 
‘‘(B) 2030 PROJECTION.—By not later 
than 2026, the Secretary shall publish a projec-
tion of the number of clean electricity credits 
that would be issued to qualifying electricity 
generators in 2030. 
‘‘(5) SINGLE
USE
OF
CREDITS.—Each clean 
electricity credit issued under subsection (b) may 
only be surrendered once for purposes of complying 
with the requirements of paragraph (1). 
‘‘(6) BANKING OF CLEAN ELECTRICITY CRED-
ITS.—A clean electricity credit issued under sub-
section (b) may be surrendered for the compliance 
period in which the clean electricity credit is issued 
or in any subsequent compliance period. 
‘‘(7) ALTERNATIVE COMPLIANCE PRICE.— 
‘‘(A) INITIAL
AMOUNT.—The alternative 
compliance price for the first compliance period 
shall be $30 per applicable clean electricity 
credit. 
‘‘(B) ANNUAL
ADJUSTMENTS
TO
ALTER-
NATIVE COMPLIANCE PRICE.— 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
120 
‘‘(i) IN
GENERAL.—Beginning after 
the first compliance period, the Secretary 
shall increase the amount of the alternative 
compliance price from the amount for the 
prior compliance period by 5 percent. 
‘‘(ii) 
OTHER
ADJUSTMENTS.—The 
Secretary may adjust the alternative com-
pliance price to account for inflation, as 
the Secretary may determine necessary. 
‘‘(d) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
retail electricity supplier that fails to meet the re-
quirements of paragraph (1) or (2) of subsection (c) 
shall be subject to a civil penalty in an amount equal 
to— 
‘‘(A) the number of megawatt-hours of 
electricity sold by the retail electricity supplier 
for which such retail electricity supplier fails to 
surrender a clean electricity credit or make an 
alternative compliance payment as required 
under subsection (c); multiplied by 
‘‘(B) 200 percent of the value of the appli-
cable alternative compliance price. 
‘‘(2) PROCEDURE FOR ASSESSING PENALTY.— 
The Secretary shall assess a civil penalty under this 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
121 
subsection in accordance with the procedures for as-
sessing a penalty under section 333(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6303(d)). 
‘‘(e) SAVINGS PROVISION.—Nothing in this section 
affects the authority of a State, or a political subdivision 
of a State, to adopt or enforce any law relating to— 
‘‘(1) clean electricity or renewable energy; 
‘‘(2) carbon dioxide emissions; or 
‘‘(3) the regulation of a retail electricity sup-
plier. 
‘‘(f) REGULATIONS.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall issue 
regulations to implement this section. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) CARBON
INTENSITY.—The term ‘carbon 
intensity’ means, as determined by the Secretary in 
consultation with the Administrator of the Environ-
mental Protection Agency and with respect to a 
qualifying electricity generator, the amount (in met-
ric tons per megawatt-hour) obtained by dividing— 
‘‘(A) the annual carbon dioxide emissions 
of the qualifying electricity generator, excluding 
any carbon dioxide that is captured and utilized 
or stored in a manner that prevents emission to 
the atmosphere; by 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
122 
‘‘(B) the annual quantity of electricity gen-
erated by the qualifying electricity generator. 
‘‘(2) CLEAN ELECTRICITY CREDIT.—The term 
‘clean electricity credit’ means a credit issued under 
subsection (b). 
‘‘(3) CLEAN
ELECTRICITY
STANDARD.—The 
term ‘clean electricity standard’ means the require-
ments of section 611. 
‘‘(4) COMPLIANCE PERIOD.—The term ‘compli-
ance period’ means the 3-year period that begins on 
the program effective date and each 3-year period 
thereafter until 2050. 
‘‘(5) QUALIFYING ELECTRICITY GENERATOR.— 
The term ‘qualifying electricity generator’ means 
any electricity generator that has an annual carbon 
intensity of less than 0.82 metric tons per mega-
watt-hour. 
‘‘(6) RETAIL
ELECTRICITY
SUPPLIER.—The 
term ‘retail electricity supplier’ means an entity in 
the United States that sold not fewer than 20 mega-
watt-hours of electricity to electricity consumers for 
purposes other than resale during the preceding cal-
endar year. 
‘‘(7) PROGRAM TRIGGER DATE.—The term ‘pro-
gram trigger date’ means January 1 of the first cal-
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
123 
endar year beginning after the date on which the 
Secretary certifies that cost-effective market pene-
tration of eligible technologies has occurred under 
section 610(c). 
‘‘(8) PROGRAM
EFFECTIVE
DATE.—The term 
‘program effective date’ means the earlier of— 
‘‘(A) the date that is 2 years after the pro-
gram trigger date; and 
‘‘(B) January 1 of the first calendar year 
that begins after the date that is 10 years after 
the date of enactment of this section. 
‘‘SEC. 612. IDENTIFICATION, REVIEW, AND APPROVAL OF 
DYNAMIC CREDITING METHODOLOGIES. 
‘‘(a) IDENTIFICATION
OF
DYNAMIC
CREDITING 
METHODOLOGIES.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this section, the Sec-
retary, in consultation with the Administrator of the 
Environmental Protection Agency, shall identify a 
dynamic crediting methodology for calculating the 
amount of carbon dioxide emissions that are avoided 
or displaced on an hourly basis by increased elec-
tricity generation from qualifying electricity genera-
tors. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
124 
‘‘(2) 
CONSIDERATION
OF
REGIONAL
DIF-
FERENCES.—Any dynamic crediting methodology 
identified under paragraph (1) may account for dif-
ferences between— 
‘‘(A) regions in which there is a Regional 
Transmission Organization or an Independent 
System Operator; and 
‘‘(B) regions in which there are no such 
entities. 
‘‘(b) COMMISSION REVIEW OF DYNAMIC CREDITING 
METHODOLOGIES.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
any dynamic crediting methodology identified under 
subsection (a) to the Commission for review. 
‘‘(2) TECHNICAL
CONFERENCE.—Not later 
than 120 days after the Secretary provides a dy-
namic crediting methodology to the Commission 
under paragraph (1), the Commission shall hold a 
technical conference in partnership with State regu-
latory authorities to evaluate such methodology. 
‘‘(3) REPORT.—Not later than 180 days after 
the Commission holds a technical conference under 
paragraph (2), and after providing an opportunity 
for public comment, the Commission shall provide to 
the Secretary a report on the technical conference 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
125 
that includes Commission recommendations con-
cerning the use of the dynamic crediting method-
ology. 
‘‘(c) APPROVAL.—Not later than 180 days following 
receipt of the report provided under subsection (b)(3), the 
Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, shall approve use of the 
dynamic crediting methodology that is the subject of such 
report if the Secretary determines that such use would— 
‘‘(1) significantly enhance confidence that the 
program established under 611(a)(1) will help 
achieve an 80 percent reduction in the amount of 
carbon dioxide emitted by electricity generators, rel-
ative to the amount of such emissions on the date 
of enactment of this section, by 2050; or 
‘‘(2) significantly reduce the costs of achieving 
such reduction. 
‘‘(d) USE
OF DYNAMIC CREDITING METHODOLO-
GIES.— 
‘‘(1) ADJUSTMENT TO AMOUNT OF CREDITS.— 
If the Secretary approves a dynamic crediting meth-
odology under subsection (c), the Secretary shall use 
such dynamic crediting methodology to determine 
the number of clean electricity credits to be issued 
to a qualifying electricity generator to account for 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
126 
the amount of carbon dioxide emissions that are 
avoided or displaced on an hourly basis by increased 
electricity generation from such qualifying electricity 
generator. 
‘‘(2) DEADLINE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall use a dy-
namic crediting methodology approved under 
subsection (c) beginning in the later of— 
‘‘(i) the first full calendar year begin-
ning after the date on which such approval 
occurs; and 
‘‘(ii) the first calendar year of the 
first compliance period. 
‘‘(B) EXCEPTION.—The Secretary may 
delay use of an approved dynamic crediting 
methodology by 1 year if the Secretary finds 
that additional time is needed for the Secretary 
or the Commission to take actions necessary to 
carry out subsection (e). 
‘‘(e) IMPLEMENTATION.— 
‘‘(1) IN
GENERAL.—The Secretary may, by 
rule, require that Regional Transmission Organiza-
tions, Independent System Operators, other bal-
ancing authorities, and other appropriate entities 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
127 
provide the Secretary with the information necessary 
for the Secretary to use a dynamic crediting method-
ology approved under subsection (c). 
‘‘(2) TARIFFS.—At the request of the Sec-
retary, or upon its own initiative, the Commission 
shall consider whether changes to any tariffs on file 
pursuant to section 205 of the Federal Power Act 
(16 U.S.C. 824d) are necessary to implement the re-
quirements of any rule issued by the Secretary 
under paragraph (1). 
‘‘(f) 
REGIONAL
TRANSMISSION
ORGANIZATION; 
INDEPENDENT
SYSTEM
OPERATOR.—The terms ‘Re-
gional Transmission Organization’ and ‘Independent Sys-
tem Operator’ have the meanings given such terms in sec-
tion 3 of the Federal Power Act (16 U.S.C. 796). 
‘‘(g) DEFINITIONS.—In this section, the terms ‘clean 
electricity credit’, ‘compliance period’, and ‘qualifying elec-
tricity generator’ have the meanings given such terms in 
section 611.’’. 
(2) CONFORMING
AMENDMENT.—Section 1(b) 
of the Public Utility Regulatory Policies Act of 1978 
is further amended by adding after the item related 
to section 610 (as added by this Act) the following: 
‘‘Sec. 611. Clean electricity standard. 
‘‘Sec. 612. Identification, review, and approval of dynamic crediting methodolo-
gies.’’. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6211
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
128 
(b) AMENDMENTS TO THE CLEAN AIR ACT.—Section 
111(a)(4) of the Clean Air Act (42 U.S.C. 7411(a)(4)) 
is amended— 
(1) by striking ‘‘The term’’ and inserting ‘‘(A) 
The term’’; and 
(2) by adding at the end the following: 
‘‘(B) Until the end of the first compliance 
period of the clean electricity standard (as such 
terms are defined in section 611(h) of Public 
Utility Regulatory Policies Act of 1978), the 
term ‘modification’, notwithstanding subpara-
graph (A), does not include a physical or oper-
ational change at an electricity generating unit 
that is designed to reduce the amount of carbon 
dioxide emitted per megawatt hour at electricity 
utility generating units, provided that such 
change— 
‘‘(i) does not cause the violation of a 
national ambient air quality standard in an 
air quality control region in which an envi-
ronmental justice community (as defined 
by the Administrator) exists; and 
‘‘(ii) does not result in— 
‘‘(I) an increase in the maximum 
hourly emissions rate of any air pol-
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
129 
lutant subject to a national ambient 
air quality standard under section 109 
that is achievable by such unit; and 
‘‘(II) both a significant emissions 
increase and a significant net emis-
sions increase in annual actual emis-
sions of such pollutant from such 
unit.’’. 
SEC. 403. REGIONAL CLEAN ELECTRICITY PLANNING MOD-
ELS. 
(a) DEVELOPMENT
OF PLANNING MODELS
AND 
DATA.—Not later than 2 years after the date of enact-
ment this Act, the Secretary shall make available one or 
more regional electricity planning models and standard-
ized data sets, including potential renewable energy hourly 
production profiles at all potential locations for renewable 
energy deployment, that States can use to develop plans 
for portfolios of clean electricity resources that are capable 
of achieving, at least cost, the goal described under section 
610(a)(1) of the Public Utility Regulatory Policies Act of 
1978, as added by section 402 of this Act, consistent with 
the need to maintain reliability. 
(b) DEVELOPMENT PROCESS.—In making planning 
models and data available under subsection (a), the Sec-
retary shall— 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
130 
(1) solicit planning models and standardized, 
data sets from the national laboratories and univer-
sities; 
(2) hold jointly with the Commission a technical 
conference on planning models and standardized 
data sets, including hourly profiles of renewable en-
ergy production at potential deployment locations, 
and consider the input from such conference in 
choosing planning models and data sets to make 
available; and 
(3) update the planning models and data sets 
made available from time to time in response to new 
information. 
(c) USE OF MODELS BY STATES.—The Secretary 
shall encourage States to use the models and data sets 
to— 
(1) plan collaboratively with other States in the 
same North American Electric Reliability Corpora-
tion reliability region or organized electricity market 
on least-cost and reliable compliance with the clean 
electricity standard (as such term is defined in sec-
tion 611(h) of the Public Utility Regulatory Policies 
Act of 1978); and 
(2) adopt, and from time to time update, multi- 
State clean electricity resource deployment goals 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
131 
that promote least-cost deployment consistent with 
maintaining electric reliability. 
SEC. 404. STAND-BY EMISSION PERFORMANCE STANDARDS. 
(a) ANNUAL REVIEW OF EMISSIONS.—Not later than 
February 1 of the first calendar year beginning after the 
date of enactment of this section, and each February 1 
thereafter, the Secretary, in consultation with the Admin-
istrator of the Environmental Protection Agency, shall 
publish a determination of the annual average level of car-
bon dioxide emissions from electricity generators for the 
prior 3 calendar years. 
(b) ENFORCEABILITY.—An emission limitation for 
carbon dioxide emissions from electric utility steam gener-
ating units established under title I of the Clean Air Act 
(42 U.S.C. 7401 et seq.) may be enforced by a State or 
by the Administrator of the Environmental Protection 
Agency— 
(1) before the program trigger date, only if— 
(A) the Secretary, not earlier than 5 years 
after the date of enactment of this Act, deter-
mines under subsection (a) that the 5-year an-
nual average level of carbon dioxide emissions 
from electric utility steam generating units ex-
ceeded the annual average level of such emis-
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
132 
sions for the preceding 5-year period by at least 
6 percent; or 
(B) the Secretary finds that significantly 
less than the full amount of funding authorized 
for programs under this Act has been appro-
priated, resulting in substantial limitation to or 
delay of the technology advancement elements 
of this Act; or 
(2) after the end of a compliance period, only 
if the clean electricity standard is not enforced for 
the compliance period. 
(c) CLEAN AIR ACT AUTHORITIES.—Except as pro-
vided in this section, neither a State nor the Administrator 
of the Environmental Protection Agency may enforce any 
emission limitation established under title I of the Clean 
Air Act (42 U.S.C. 7401 et seq.) for carbon dioxide emis-
sions from electric utility steam generating units. 
(d) DEFINITIONS.—In this section: 
(1) CLEAN ELECTRICITY STANDARD; PROGRAM 
TRIGGER DATE; COMPLIANCE PERIOD.—The terms 
‘‘clean electricity standard’’, ‘‘program trigger date’’, 
and ‘‘compliance period’’ have the meanings given 
such terms in section 611(h) of the Public Utility 
Regulatory Policies Act of 1978, as added by section 
402 of this Act. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
133 
(2) ELECTRIC
UTILITY
STEAM
GENERATING 
UNIT.—The term ‘‘electric utility steam generating 
unit’’ has the meaning given such term in section 
112(a) of the Clean Air Act (42 U.S.C. 7412(a)). 
TITLE V—MISCELLANEOUS 
SEC. 501. ADDITIONAL REQUIREMENTS. 
(a) WAGES.—Notwithstanding any other provision of 
law and in a manner consistent with other provisions in 
this Act, all laborers and mechanics employed by contrac-
tors or subcontractors in the performance of construction, 
alteration, or repair work funded directly by or assisted 
in whole or in part by and through the Federal Govern-
ment pursuant to this Act shall be paid wages at rates 
not less than those prevailing on projects of a character 
similar in the locality as determined by the Secretary of 
Labor in accordance with subchapter IV of chapter 31 of 
title 40, United States Code. With respect to the labor 
standards specified in this section, the Secretary of Labor 
shall have the authority and functions set forth in Reorga-
nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
U.S.C. App.) and section 3145 of title 40, United States 
Code. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
the use of a grant awarded under section 203. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
134 
SEC. 502. UTILIZATION OF QUALIFIED APPRENTICES BY 
CONSTRUCTION CONTRACTORS. 
(a) IN GENERAL.—All contractors and subcontrac-
tors engaged in the performance of construction, alter-
ation, or repair work on a covered project shall, subject 
to subsection (b), ensure that not less than 15 percent 
of the total labor hours of such work be performed by 
qualified apprentices. 
(b) APPRENTICE-TO-JOURNEYWORKER RATIO.—The 
requirement under subsection (a) shall be subject to any 
applicable requirements for apprentice-to-journeyworker 
ratios of the Department of Labor or the applicable State 
apprenticeship agency. 
(c) PARTICIPATION.—Each contractor and subcon-
tractor who employs 4 or more individuals to perform con-
struction, alteration, or repair work on a covered project 
shall employ 1 or more qualified apprentices to perform 
such work. 
(d) COMPLIANCE.—(1) If the Secretary determines, 
upon receipt of a complaint or on the Secretary’s own ini-
tiative, that a covered project is not being carried out in 
accordance with the requirements of this section, the Sec-
retary shall withhold from payments otherwise due the 
contractor as a penalty, or require the payment by the 
contractor of a penalty, in the amount of not less than 
$5,000, but not more than $10,000, for each hour of the 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
135 
apprenticeship utilization requirement that is not 
achieved. 
(2) A determination by the Secretary under para-
graph (1) shall be grounds for contract termination. 
(3) A contractor or subcontractor that violates the 
requirements of this section shall be prohibited from per-
forming work on any covered project for 5 years. 
(e) REPORTING REQUIREMENTS.—(1) Before com-
mencing work on a contract for a covered project, the con-
tractor shall submit to the recipient of assistance and the 
Secretary an estimate of— 
(A) the total labor hours to be performed under 
the contract; and 
(B) the number of qualified apprentices pro-
posed to be employed under the contract, categorized 
by trade or craft. 
(2) While the covered project is ongoing, the con-
tractor shall include with each payment application to the 
recipient of assistance and Secretary a report containing 
the following information: 
(A) The names of all qualified apprentices and 
their apprentice registration or identification num-
ber. 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS
136 
(B) The number of qualified apprentices and 
labor hours worked by them, categorized by trade or 
craft. 
(C) The number of journey level workers and 
labor hours worked by them, categorized by trade or 
craft. 
(3) When a contractor is not subject to progress bill-
ing, the contractor shall submit the periodic reports re-
quired by paragraph (2) within a comparable time frame. 
(4) Within 60 days after concluding work on the con-
tract, the contractor shall submit to the recipient of assist-
ance and the Secretary a verified statement of the total 
journeyworker and apprentice hours performed on the 
project. The contractor and subcontractors shall maintain 
all personnel records relating to the reporting require-
ments of this subsection for a period of at least 3 years 
after final completion of the work. 
(5) The information described in this subsection shall 
be public and shall not be exempt from disclosure under 
section 552(b) of title 5, United States Code. 
(6) If the Secretary determines that any of the infor-
mation required by this subsection contains false or mis-
leading information that was provided knowingly or with 
reckless disregard for the truth, or omits information that 
was omitted knowingly or with reckless disregard of the 
VerDate Sep 11 2014 
17:50 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H4153.IH
H4153
pamtmann on DSKBC07HB2PROD with BILLS