153 
generated by such generating unit during such 
calendar year. 
(4) AVERAGE CREDIT PRICES.—For each cal-
endar year, the Secretary shall— 
(A) analyze the market for zero-emission 
electricity credits in order to determine the av-
erage annual price of zero-emission electricity 
credits for the calendar year; 
(B) determine whether the average annual 
price of a zero-emission electricity credit deter-
mined under subparagraph (A) is less than half 
of the alternative compliance payment under 
subsection (c) for the calendar year; and 
(C) publish the determinations made under 
subparagraphs (A) and (B) by not later than 
January 31 of the year following the calendar 
year. 
(5) DEFINITIONS.—In this subsection: 
(A) ANNUAL PERCENTAGE INCREASE.— 
(i) Except as provided in clause (ii), 
the term ‘‘annual percentage increase’’ 
means, with respect to a retail electricity 
supplier, the product obtained by multi-
plying— 
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(I) the difference between 100 
percent and the baseline zero-emission 
electricity percentage; by— 
(II) 1⁄27. 
(ii) Notwithstanding clause (i), begin-
ning with calendar year 2025, if the Sec-
retary determines under paragraph (4) 
that the average annual price of a zero- 
emission electricity credit for each of the 3 
calendar years prior to a calendar year (in 
this clause referred to as ‘‘the applicable 
calendar year’’) is less than one half of the 
respective alternative compliance payment 
for each of the 3 such prior calendar years, 
the annual percentage increase for the 1 
calendar year that begins 4 years after the 
end of the applicable calendar year shall be 
twice the percentage described in clause 
(i). 
(B) 
BASELINE
ZERO-EMISSION
ELEC-
TRICITY PERCENTAGE.— 
(i) IN GENERAL.—The term ‘‘baseline 
zero-emission 
electricity 
percentage’’ 
means, with respect to a retail electricity 
supplier, the average percentage of the 
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electric energy consumed by all electric 
consumers of the retail electricity supplier 
that is zero-emission electricity during cal-
endar years 2017, 2018, and 2019. 
(ii) ELECTION.—For any retail elec-
tricity supplier served by an Independent 
System Operator or a Regional Trans-
mission Organization, or participating in a 
joint unit commitment and centralized eco-
nomic dispatch system regulated by the 
Federal Energy Regulatory Commission, 
the retail electricity supplier may elect to 
set its baseline zero-emission electricity 
percentage under clause (i) on the basis of 
the zero-emission electricity and electric 
energy consumed by either— 
(I) all electric consumers of the 
retail electricity supplier; or 
(II) all electric consumers served 
by the Independent System Operator, 
Regional Transmission Organization, 
or the applicable joint unit commit-
ment and centralized economic dis-
patch system that serves the retail 
electricity supplier. 
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(iii) NOTIFICATION OF ELECTION.—A 
retail electricity supplier shall inform the 
Secretary of its election under clause (ii) 
not later than 180 days after the date of 
enactment of this Act. 
(C) MINIMUM PERCENTAGE OF ZERO-EMIS-
SION ELECTRICITY.—The term ‘‘minimum per-
centage of zero-emission electricity’’ means, 
with respect to a retail electricity supplier— 
(i) for each of calendar years 2022 
and 2023, the baseline zero-emission elec-
tricity percentage; 
(ii) for each of calendar years 2024 
through 2050, the amount, not to exceed 
100 percent, obtained by adding— 
(I) the minimum percentage of 
zero-emission electricity for the pre-
vious calendar year; and 
(II) the annual percentage in-
crease; and 
(iii) for each calendar year after 2050, 
100 percent. 
(b) REPORTING ON BEHIND-THE-METER GENERA-
TION SYSTEMS.—Effective beginning in calendar year 
2022, each retail electricity supplier serving one or more 
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behind-the-meter generation systems may, not later than 
January 1 of each calendar year, submit to the Sec-
retary— 
(1) verification of the carbon intensity of be-
hind-the-meter generation systems connected to the 
retail electricity supplier; and 
(2) the quantity of electric energy generated by 
each such behind-the-meter generation system that 
is consumed for a useful purpose by electric con-
sumers served by the retail electricity supplier. 
(c) ALTERNATIVE COMPLIANCE PAYMENTS.—A re-
tail electricity supplier may satisfy the requirements of 
subsection (a) with respect to a calendar year, in whole 
or in part, by submitting to the Secretary, in lieu of each 
zero-emission electricity credit that would otherwise be 
due, an alternative compliance payment equal to the 
amount determined for such calendar year in accordance 
with the following table, adjusted for inflation: 
Calendar year 
Alternative 
compliance 
payment 
2022 ................................................................................................
$20.00 
2023 ................................................................................................
$21.50 
2024 ................................................................................................
$23.00 
2025 ................................................................................................
$24.50 
2026 ................................................................................................
$26.00 
2027 ................................................................................................
$27.50 
2028 ................................................................................................
$29.00 
2029 ................................................................................................
$30.50 
2030 ................................................................................................
$32.00 
2031 ................................................................................................
$33.50 
2032 ................................................................................................
$35.00 
2033 ................................................................................................
$36.50 
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Calendar year 
Alternative 
compliance 
payment 
2034 ................................................................................................
$38.00 
2035 ................................................................................................
$39.50 
2036 ................................................................................................
$41.00 
2037 ................................................................................................
$42.50 
2038 ................................................................................................
$44.00 
2039 ................................................................................................
$45.50 
2040 ................................................................................................
$47.00 
2041 ................................................................................................
$48.50 
2042 ................................................................................................
$50.00 
2043 ................................................................................................
$51.50 
2044 ................................................................................................
$53.00 
2045 ................................................................................................
$54.50 
2046 ................................................................................................
$56.00 
2047 ................................................................................................
$57.50 
2048 ................................................................................................
$59.00 
2049 ................................................................................................
$60.50 
2050 and each calendar year thereafter .........................................
$62.00. 
(d) DETERMINATION OF INADEQUATE AVAILABILITY 
OF ZERO-EMISSION ELECTRICITY TECHNOLOGY.— 
(1) PETITION FOR DETERMINATION.—A retail 
electricity supplier (referred to in this subsection as 
the ‘‘petitioner’’) may submit to the Secretary a pe-
tition for the Secretary to make a determination of 
inadequate availability of technology relating to zero- 
emission electricity with respect to a calendar year. 
(2) CONDITIONS.—The Secretary shall make an 
affirmative determination under paragraph (1) (re-
ferred to in this title as a ‘‘determination of inad-
equate availability of technology’’) for a calendar 
year only if— 
(A) a petition is submitted to the Secretary 
by January 31 of the following calendar year; 
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(B) the average annual price of zero-emis-
sion electricity credits is equal to or greater 
than the alternative compliance payment under 
subsection (c) for such calendar year; 
(C) the Secretary determines the number 
of megawatt-hours of zero-emission electricity 
that could have been generated or purchased by 
the petitioner using technology that was avail-
able during such calendar year— 
(i) at or below the cost per megawatt- 
hour of the technology used to generate 
the electricity sold by the petitioner in the 
previous calendar year; and 
(ii) while enabling the petitioner to 
operate its system at an adequate level of 
reliability; and 
(D) the number of megawatt-hours deter-
mined under subparagraph (C) is less than the 
number of zero-emission electricity credits the 
petitioner would be required to submit under 
subsection (a). 
(3) 
CREDIT
SUBMISSION.—Notwithstanding 
subsection (a)(1), if the Secretary makes a deter-
mination of inadequate availability of technology for 
a petitioner for a calendar year, as described under 
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under this section for such calendar year and every cal-
endar year thereafter. 
(2) An eligible electricity provider that is awarded a 
grant under section 302 of this Act for a calendar year 
shall not be subject to the requirements to submit zero- 
emission electricity credits under this section for such cal-
endar year and every calendar year thereafter, as long as 
the condition described under section 302(a)(1) continues 
to be met. 
SEC. 203. ZERO-EMISSION ELECTRICITY CREDIT TRADING 
PROGRAM. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall es-
tablish a zero-emission electricity credit trading program 
under which— 
(1) the Secretary shall record, track, auction, 
and transfer zero-emission electricity credits; and 
(2) a generator to whom such zero-emission 
electricity credits are issued may sell or otherwise 
transfer those credits, as provided or allowed by ap-
plicable contracts, through— 
(A) any auction established under the zero- 
emission electricity credit trading program; 
(B) direct sales; or 
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(C) other transactional arrangements that 
sell electric energy or generating capacity either 
separately or combined with the transfer of 
zero-emission electricity credits, including trans-
actions that pair zero-emission electricity cred-
its with the demand of the retail electricity sup-
plier. 
(b) ADMINISTRATION.—In carrying out the program 
under this section, the Secretary shall ensure that a zero- 
emission electricity credit may be— 
(1) submitted only once under section 202(a); 
and 
(2) only purchased by, transferred to, or other-
wise secured by a retail electricity supplier. 
(c) DELEGATION OF MARKET FUNCTION.— 
(1) IN GENERAL.—In carrying out the program 
under this section, the Secretary may delegate, to 
one or more appropriate entities— 
(A) the administration of a transparent 
national market for the sale or trade of zero- 
emission electricity credits; and 
(B) the tracking of dispatch of zero-emis-
sion electricity generation. 
(2) ADMINISTRATION.—In making a delegation 
under paragraph (1), the Secretary shall ensure that 
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the tracking and reporting of information concerning 
the dispatch of zero-emission electricity generation is 
transparent, verifiable, and independent of any in-
terests subject to an obligation under this title. 
(d) BANKING
OF
ZERO-EMISSION
ELECTRICITY 
CREDITS.—A zero-emission electricity credit may be used 
for compliance with the requirements of section 202 for— 
(1) the calendar year for which the zero-emis-
sion electricity credit is issued (in this subsection re-
ferred to as ‘‘the applicable calendar year’’); and 
(2)(A) any of the 5 calendar years following the 
applicable calendar year, if the Secretary determines 
under section 202(a)(4) that the average annual 
price of a zero-emission electricity credit is equal to 
or less than one half of the alternative compliance 
payment for each of the 3 calendar years prior to 
the applicable calendar year; or 
(B) if the Secretary has not made the deter-
mination described under subparagraph (A)— 
(i) any of the 5 calendar years following 
the applicable calendar year, if the applicable 
calendar year is any of calendar years 2022 
through 2029; 
(ii) any of the 4 calendar years following 
the applicable calendar year, if the applicable 
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calendar year is any of calendar years 2030 
through 2034; 
(iii) any of the 3 calendar years following 
the applicable calendar year, if the applicable 
calendar year is any of calendar years 2035 
through 2039; and 
(iv) any of the 2 calendar years following 
the applicable calendar year, if the applicable 
calendar year is 2040 or any calendar year 
thereafter. 
SEC. 204. DETERMINATION AND ISSUANCE OF QUANTITY 
OF ZERO-EMISSION ELECTRICITY CREDITS. 
(a) ISSUANCE
OF
ZERO-EMISSION
ELECTRICITY 
CREDITS.—The Secretary shall issue to each generator a 
quantity of zero-emission electricity credits determined in 
accordance with this section, not later than March 1 of 
the calendar year after the calendar year for which the 
zero-emission electricity credits are issued. 
(b) GENERAL RULES ON CREDIT ISSUANCE.—Except 
as otherwise provided in this section, the Secretary shall 
issue to a generator generating zero-emission electricity 
during a calendar year a quantity of zero-emission elec-
tricity credits for such generation that is equal to the 
product obtained by multiplying— 
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(1) the qualified electricity generation of the 
generator during such calendar year; by 
(2) the number that equals— 
(A) 1.0; less 
(B) the quotient obtained by dividing— 
(i) the average carbon intensity of the 
generating units of such generator for such 
calendar year, as determined in accordance 
with subsection (c); by 
(ii) 0.82. 
(c) GENERAL RULES ON DETERMINING CARBON IN-
TENSITY.—Notwithstanding any other provision of this 
section, the Secretary shall determine the carbon intensity 
of each generating unit of a generator. Such determination 
shall be made— 
(1) using data and methods from the Air Emis-
sion Measurement Center of the Environmental Pro-
tection Agency for emission testing and monitoring, 
including— 
(A) continuous emission monitoring sys-
tems; and 
(B) predictive emission monitoring sys-
tems; and 
(2) with respect to a determination of the car-
bon intensity of any generating unit using qualified 
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renewable biomass or qualified low-carbon fuel, or 
generating qualified waste-to-energy, in consultation 
with— 
(A) the Secretary of Agriculture; and 
(B) the Secretary of the Interior. 
(d) CARBON INTENSITY FOR CERTAIN CATEGORIES 
OF GENERATING UNITS.— 
(1) GENERATING
UNITS
UTILIZING
TECH-
NOLOGIES WITHOUT DIRECT EMISSIONS.—The Sec-
retary shall assign a carbon intensity of zero for any 
generating unit of a generator that does not produce 
direct emissions of any greenhouse gas in generating 
electric energy, including any generating unit that 
generates electric energy only through the use of 
solar, wind, ocean, current, wave, tidal, geothermal, 
nuclear energy, or hydropower technology (except as 
described under paragraph (3)). 
(2) GENERATING
UNITS
UTILIZING
TECH-
NOLOGIES UTILIZING FOSSIL FUELS.— 
(A) ACCOUNTING FOR UPSTREAM GREEN-
HOUSE
GAS
EMISSIONS.—In determining the 
carbon intensity of each generating unit using 
fossil fuel, the Secretary shall utilize the best 
available science, including with respect to the 
measurement of low-frequency high-emission 
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events, including data from the detection of 
natural gas flaring from the satellite observa-
tions of the National Oceanic and Atmospheric 
Administration, to account for— 
(i) the carbon dioxide emissions of the 
generating unit; and 
(ii)(I) the average amounts of carbon 
dioxide and methane emissions, in terms of 
carbon dioxide equivalent, that occur dur-
ing extraction, flaring, processing, and 
transportation in the United States of the 
fossil fuel consumed by the generator; or 
(II) with respect to a generator that 
the Secretary determines under subpara-
graph (B) has demonstrated that the fossil 
fuel consumed by such generator is associ-
ated with the release of smaller amounts of 
carbon dioxide and methane emissions 
than the amounts described in subclause 
(I), such smaller amounts. 
(B) DETERMINATION.— 
(i) IN GENERAL.—The Secretary may 
determine that a generator has dem-
onstrated that the fossil fuel consumed by 
such generator is associated with the re-
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lease of smaller amounts of carbon dioxide 
and methane emissions than the amounts 
described in subparagraph (A)(ii)(I) if the 
generator— 
(I) accounts for low-frequency, 
high-emission events; and 
(II) uses direct measurements of 
the applicable facilities, which may in-
clude measurements made in the 
course of participation in a voluntary 
program or public disclosure of the 
quantified methane emission intensity 
of the applicable facilities. 
(ii) PUBLIC
AVAILABILITY.—The in-
formation provided to the Secretary by a 
generator to make a determination under 
this subparagraph shall be available to the 
public upon such determination. 
(C) STANDARDS.—The Secretary shall pro-
mulgate the standards for measurement nec-
essary to implement subparagraph (A) not less 
than 2 years after the date of enactment of this 
title and shall update such standards every 5 
years thereafter, based on the best available 
science. 
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(3) HYDROPOWER
UTILIZING
A
NEW
RES-
ERVOIR.—In determining the carbon intensity of 
each generating unit using hydropower associated 
with a reservoir constructed after the date of enact-
ment of this Act, the Secretary shall account for the 
greenhouse gas emissions that can be attributed to 
the hydropower facility, including the applicable new 
reservoir. 
(e) QUANTITY OF CREDITS ISSUED FOR CERTAIN 
CATEGORIES OF GENERATING UNITS.— 
(1) QUALIFIED COMBINED HEAT AND POWER 
SYSTEMS.— 
(A) IN
GENERAL.—The Secretary shall 
issue to a generator generating zero-emission 
electricity during a calendar year using a gener-
ating unit that is a qualified combined heat and 
power system a quantity of zero-emission elec-
tricity credits for such generation that is equal 
to— 
(i) the product obtained by multi-
plying— 
(I) the number of megawatt- 
hours of electric energy generated by 
the qualified combined heat and power 
system during such calendar year; by 
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(II) the number that equals— 
(aa) 1.0; less 
(bb) the quotient obtained 
by dividing— 
(AA) the carbon inten-
sity of the qualified com-
bined heat and power sys-
tem; by 
(BB) 0.82; less 
(ii) the product obtained by multi-
plying— 
(I) the number of megawatt- 
hours of electric energy generated by 
the qualified combined heat and power 
system that are consumed onsite dur-
ing such calendar year; by 
(II) the average of the minimum 
percentage of zero-emission electricity 
(as defined in section 202(a)(5)) for 
the calendar year for retail electricity 
suppliers in the region of the gener-
ator, as determined by the Secretary. 
(B) ADDITIONAL CREDITS.—In addition to 
zero-emission electricity credits issued under 
subparagraph (A), the Secretary shall issue to 
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a generator described in subparagraph (A) zero- 
emission electricity credits for greenhouse gas 
emissions avoided as a result of the use of the 
applicable qualified combined heat and power 
system, rather than a separate thermal source, 
to meet the thermal needs of the generator or 
one or more additional entities. 
(C) APPLICABILITY.—This paragraph shall 
not apply with respect to a qualified combined 
heat and power system using qualified renew-
able biomass. 
(2) QUALIFIED
RENEWABLE
BIOMASS.—The 
Secretary shall issue to a generator generating zero- 
emission electricity during a calendar year using 
qualified renewable biomass a quantity of zero-emis-
sion electricity credits for such generation that is 
equal to the product obtained by multiplying— 
(A) the qualified electricity generation of 
the generator using qualified renewable biomass 
during such calendar year; by 
(B) the average carbon intensity of the 
generating units of the generator that use 
qualified renewable biomass. 
(3) QUALIFIED WASTE-TO-ENERGY.—The Sec-
retary shall issue to a generator generating zero- 
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emission electricity during a calendar year that is 
qualified waste-to-energy a quantity of zero-emission 
electricity credits for such generation that is equal 
to the product obtained by multiplying— 
(A) the qualified waste-to-energy of the 
generator that is qualified electricity generation 
during such calendar year; by 
(B) the average carbon intensity of the 
generating units of the generator used to gen-
erate qualified waste-to-energy. 
(4) QUALIFIED LOW-CARBON FUELS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Secretary shall issue to 
a generator generating zero-emission electricity 
during a calendar year using qualified low-car-
bon fuels a quantity of zero-emission electricity 
credits for such generation that is equal to the 
product obtained by multiplying— 
(i) the qualified electricity generation 
of the generator using qualified low-car-
bon-fuels during such calendar year; by 
(ii) the average carbon intensity of the 
generating units of the generator that use 
qualified low-carbon fuels. 
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(B) ADJUSTMENT FOR PRODUCTION.—In 
determining the carbon intensity of each gener-
ating unit using a qualified low-carbon fuel, the 
Secretary shall account for the greenhouse gas 
emissions associated with the production of 
such qualified low-carbon fuel. 
(C) NO
DOUBLE-COUNTING.—The Sec-
retary shall not issue zero-emission electricity 
credits for electric energy generated using a 
qualified low-carbon fuel that is generated from 
electric energy for which a generator is issued 
a zero-emission electricity credit under this 
title. 
(5) CARBON CAPTURE, STORAGE, AND UTILIZA-
TION.— 
(A) DEFINITIONS.—In this paragraph, the 
term ‘‘qualified carbon oxide’’ has the meaning 
given the term in section 45Q of the Internal 
Revenue Code of 1986. 
(B) QUANTITY
OF
CREDITS.—Except as 
otherwise provided in this section, the Secretary 
shall, with respect to a given calendar year, 
issue to a generator a quantity of zero-emission 
electricity credits for the capture and storage or 
utilization of qualified carbon oxide from a 
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waste stream of the generator that is equal to 
the product obtained by multiplying— 
(i) the qualified electricity generation 
of the generator during such calendar year; 
by 
(ii) the difference between— 
(I) 1.0; and 
(II) the quotient obtained by di-
viding— 
(aa) the carbon intensity of 
the generator; by 
(bb) 0.82. 
(6) DIRECT AIR CAPTURE OF CARBON DIOX-
IDE.— 
(A) QUANTITY
OF
CREDITS.—The Sec-
retary shall issue to an entity that captures car-
bon dioxide from the atmosphere and stores or 
utilizes such carbon dioxide 1 zero-emission 
electricity credit for every 0.82 metric tons of 
carbon dioxide equivalent that is captured and 
stored or utilized. 
(B) SPECIAL RULES.— 
(i) REGULATIONS.—Subject to clause 
(ii), not later than 1 year after the date of 
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enactment of this Act, the Secretary shall 
promulgate regulations establishing— 
(I) the conditions under which 
carbon dioxide may be safely and per-
manently stored for purposes of 
issuing zero-emission electricity cred-
its under this paragraph; 
(II) the methods and processes 
by which carbon dioxide may be uti-
lized in a manner that ensures the re-
moval of the carbon dioxide safely and 
permanently from the atmosphere, in-
cluding utilization in the production of 
substances, such as plastics and 
chemicals; and 
(III) requirements to account, in 
issuing zero-emission electricity cred-
its under this section, for the risk that 
some fraction of the carbon dioxide in-
tended for permanent storage or utili-
zation may nevertheless be emitted 
into the atmosphere. 
(ii) EXISTING
REQUIREMENTS.—In 
promulgating regulations pursuant to this 
subparagraph, the Secretary shall incor-
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porate any existing requirements for the 
permanent geologic storage of carbon diox-
ide, including any requirements promul-
gated under section 45Q of the Internal 
Revenue Code of 1986. 
(f) MAXIMUM QUANTITY OF CREDITS.—Except as 
provided under subsection (e)(1), the total quantity of 
zero-emission electricity credits issued under this section 
to a generator for a calendar year shall not exceed the 
number of megawatt-hours of the qualified electricity gen-
eration of the generator for the calendar year. 
(g) NO NEGATIVE CREDITS.—Notwithstanding any 
other provision of this title, the Secretary shall not issue 
a negative quantity of zero-emission electricity credits to 
any generator. 
(h) FACILITIES OUTSIDE THE UNITED STATES.— 
With respect to electricity generated by a facility or gener-
ating unit that is located outside of the United States, 
a zero-emission electricity credit may be issued only with 
respect to electricity that is sold for resale in the United 
States. 
(i) CONTRACTS.—A zero-emission electricity credit 
issued for electricity that is— 
(1) sold for resale under a contract in effect on 
the date of enactment of this title shall be issued to 
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the purchasing retail electricity supplier in propor-
tion to the zero-emission electricity purchased by 
such retail electricity supplier under the contract, 
unless otherwise provided by the contract; and 
(2) sold for resale under a contract in which a 
generating unit is not specified, shall be issued to 
the purchasing retail electricity supplier in propor-
tion to the ratio of zero-emission electricity genera-
tion from the generator making such sale for resale. 
(j) FEDERAL
POWER
MARKETING
ADMINISTRA-
TION.—A zero-emission electricity credit issued for elec-
tricity that is generated by a Federal Power Marketing 
Administration shall be conveyed to the retail electricity 
supplier that is purchasing the electricity. 
(k) RECIPIENTS
OF ACCELERATION INVESTMENT 
CREDITS.—A qualified zero-emission electricity taxpayer 
that receives a zero-emission electricity acceleration invest-
ment credit for a calendar year under section 45U of the 
Internal Revenue Code of 1986, as added by section 301 
of this Act, shall not be issued any zero-emission elec-
tricity credits under this section after such calendar year. 
(l) RECIPIENTS OF ACCELERATION GRANTS.—An eli-
gible electricity provider that receives a grant during a cal-
endar year under section 302 of this Act shall not be 
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issued any zero-emission electricity credits under this sec-
tion after such calendar year. 
SEC. 205. CARBON MITIGATION FUND. 
(a) CARBON MITIGATION FUND.— 
(1) CREATION OF FUND.—There is hereby es-
tablished a trust fund, to be known as the ‘‘Carbon 
Mitigation Fund’’, consisting of such amounts as 
may be appropriated to such fund as provided in 
this section. 
(2) ADMINISTRATION.—The Carbon Mitigation 
Fund shall be administered by the Secretary. 
(3) TRANSFERS TO TRUST FUND.—There are 
hereby appropriated to the Carbon Mitigation Fund 
each year amounts equal to the sum of the amounts 
that are— 
(A) attributable to alternative compliance 
payments made pursuant to section 202(c); 
(B) the alternative compliance payments 
that would have been made by any petitioners 
under section 202(d) but for a determination of 
inadequate availability of technology made by 
the Secretary under section 202(d); and 
(C) collected as a civil penalty under sec-
tion 209. 
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(4) EXPENDITURES.—Amounts in the Carbon 
Mitigation Fund shall be available without further 
appropriation or fiscal year limitation to carry out 
the program under subsection (b). 
(b) PROGRAM.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a program to award funds to entities to carry 
out activities in States that avoid emissions of green-
house gases or remove carbon dioxide from the at-
mosphere. 
(2) ACTIVITIES.—Activities for which the Sec-
retary may award funds under the program carried 
out pursuant to this subsection include— 
(A) improvement to the energy efficiency 
of existing facilities and devices; 
(B) the replacement of natural gas space 
heaters, natural gas water heaters, and natural 
gas stoves, with electric appliances; 
(C) the replacement of fossil fuel-powered 
vehicles owned by State and local agencies with 
electric vehicles or other low-carbon fuel vehi-
cles; 
(D) the replacement of fossil fuel-powered 
ground airport and seaport vehicles with electric 
vehicles or other low-carbon fuel vehicles; 
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(E) installation of fast charging stations 
for electric vehicles along highways and other 
public roads in urban areas and rural areas; 
(F) beneficial electrification-related reduc-
tions not otherwise identified in this paragraph; 
(G) direct air capture and permanent se-
questration or utilization of carbon dioxide; and 
(H) any activity that is endorsed by a gen-
erator or a retail electricity supplier that avoids 
emissions of greenhouse gases or removes car-
bon dioxide from the atmosphere. 
(3) EXCLUSIONS.—The Secretary may not 
award funds to an entity under the program carried 
out pursuant to this subsection for any activity for 
which the entity has been issued a zero-emission 
electricity credit or received a deduction of mega-
watt-hours in the calculation under 202(a)(3) to ac-
count for beneficial electrification-related reductions. 
(4) CRITERIA.—The Secretary may only award 
funds under the program carried out pursuant to 
this subsection for an activity for which the Sec-
retary determines that— 
(A) the amount of carbon dioxide emis-
sions avoided or removed from the atmosphere 
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181 
by the activity will be adequately confirmed 
through monitoring, reporting and verification; 
(B) the risk that some amount of the car-
bon dioxide that is removed from the atmos-
phere by the activity may reenter the atmos-
phere at a later date is adequately reflected 
through a discounting of the amount described 
in paragraph (5)(C)(ii); 
(C) the risk that some amount of the 
greenhouse gases, the emission of which is 
avoided by the activity, may enter the atmos-
phere at a later date is adequately reflected 
through a discounting of the amount described 
in paragraph (5)(C)(i); 
(D) the risk that the activity may directly 
or indirectly increase the release of greenhouse 
gases from another location has been ade-
quately addressed; 
(E) the activity is not required, or being 
fully supported financially by, a Federal, State, 
or local law, program, or activity; and 
(F) if the activity involves land use, the ac-
tivity aligns with the Sustainable Development 
Goals of the United Nations, including being 
consistent with the conservation of biological di-
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182 
versity and natural ecosystems (including for-
ests and grasslands), and shall maintain eco-
system services and enhance other social and 
environmental benefits. 
(5) PROPOSALS.—In order to qualify for an 
award of funds under this subsection, an entity shall 
submit to the Secretary a proposal that— 
(A) describes the activity to be carried out 
with the award of funds in a manner specified 
by the Secretary; 
(B) identifies the amount of money for 
which the entity is applying; 
(C) identifies the amount, to be measured 
in one-year increments, of— 
(i) greenhouse gas emissions to be 
avoided by the activity, measured in terms 
of carbon dioxide equivalent; or 
(ii) carbon dioxide to be removed from 
the atmosphere by the activity, measured 
in metric tons; 
(D) identifies the bid amount, expressed as 
dollars per metric ton, which shall be the 
quotient obtained by dividing the amount iden-
tified under subparagraph (B) by the amount 
identified under subparagraph (C); 
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(E) provides any information required by 
the Secretary in order to make a determination 
described in paragraph (4); and 
(F) provides any other certifications the 
Secretary determines appropriate. 
(6) DEADLINES.— 
(A) SOLICITATION.—Not later than Feb-
ruary 1, 2024, and each February 1 thereafter, 
the Secretary shall solicit proposals for activi-
ties described in paragraph (1) for which the 
Secretary may award funds under the program 
carried out pursuant to this subsection. 
(B) IDENTIFICATION.—Not later than 
June 1, 2024, and each June 1 thereafter, the 
Secretary shall identify proposals that have 
been submitted by March 1 of such calendar 
year for activities described in paragraph (1) 
that qualify for an award of funds under the 
program carried out pursuant to this sub-
section. 
(C) AWARD
OF
FUNDS.—Not later than 
August 1, 2024, and each August 1 thereafter, 
the Secretary shall award to entities funds 
available in the Carbon Mitigation Fund estab-
lished under section 9512 of the Internal Rev-
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184 
enue Code of 1986 for activities described in 
proposals identified under subparagraph (B). 
(7) AWARDS TO MOST COST-EFFECTIVE ACTIVI-
TIES.—The Secretary shall award funds to entities 
for activities described in proposals identified under 
paragraph (6)(B)— 
(A) beginning by awarding funds to the 
entity submitting such a proposal with the low-
est bid amount identified pursuant to para-
graph (5)(D); and 
(B) then awarding funds to entities se-
quentially by entity submitting such a proposal 
with the next lowest bid amount so identified 
until all funds are awarded. 
(c) CONSULTATION.—The Secretary shall consult 
with the Secretary of the Interior, the Secretary of Agri-
culture, and the Administrator of the Environment Pro-
tection Agency in promulgating regulations to measure, 
monitor, and verify any natural sequestration activities 
awarded under this section. 
SEC. 206. STATE PROGRAMS. 
(a) SAVINGS PROVISION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subject to subsection (b), nothing in 
this title affects the authority of a State or a polit-
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185 
ical subdivision of a State to adopt or enforce any 
law or regulation relating to— 
(A) clean energy or renewable energy; or 
(B) the regulation of a retail electricity 
supplier. 
(2) FEDERAL LAW.—Except as otherwise pro-
vided in this section, no law or regulation of a State 
or a political subdivision of a State may relieve a re-
tail electricity supplier from compliance with an ap-
plicable requirement of this title. 
(b) COORDINATION.—The Secretary, in consultation 
with States that have clean energy programs or renewable 
energy programs in effect, shall facilitate, to the maximum 
extent practicable, coordination between the implementa-
tion of this Act and the relevant State clean energy pro-
gram or renewable energy program. 
(c) MORE STRINGENT STATE CLEAN ENERGY PRO-
GRAMS.— 
(1) DETERMINATION.— 
(A) IN GENERAL.—The Secretary, in con-
sultation with States that have State clean en-
ergy programs or renewable energy programs in 
effect, shall determine whether each such State 
is implementing a more stringent State clean 
energy program. 
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(B) DEADLINES.—The Secretary shall 
make a determination under subparagraph 
(A)— 
(i) not later than January 1, 2021, 
with respect to a State clean energy or re-
newable energy program in effect on the 
date of enactment of this Act, and every 5 
years thereafter; and 
(ii) not later than 6 months after the 
date of the enactment by a State, after the 
date of enactment of this Act, of a new or 
modified existing clean energy or renewable 
energy program, and every 5 years there-
after. 
(C) PERIOD.—A determination under this 
paragraph shall be effective until the earlier 
of— 
(i) the date that is 5 years after the 
date of the determination; or 
(ii) the date on which the Secretary 
makes a subsequent determination under 
this paragraph with respect to the applica-
ble State program. 
(2) COMPLIANCE.—If the Secretary determines, 
under paragraph (1), that a State has a more strin-
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gent State clean energy program, a retail electricity 
supplier that is subject to and in compliance with 
such more stringent State clean energy program 
shall be deemed to be in compliance with the re-
quirements of this title for the period during which 
the determination is effective. 
(3) PROHIBITION
AGAINST
DOUBLE-COUNT-
ING.—The Secretary, in consultation with States, 
shall develop a protocol to ensure that a zero-emis-
sion electricity credit may not be issued under this 
title with respect to an amount of electric energy for 
which one or more State clean energy credits are 
issued under, and used for compliance with, a more 
stringent State clean energy program. 
(d) QUALIFIED ELECTRICITY GENERATION ELIGI-
BLE IN BOTH STATE AND FEDERAL PROGRAMS.— 
(1) ISSUANCE
OF
CREDIT.—In a State that 
does not have a more stringent State clean energy 
program, 1 megawatt-hour of zero-emission elec-
tricity is eligible to be issued both a State clean en-
ergy credit and a zero-emission electricity credit pur-
suant to this title. 
(2) RETIREMENT OF STATE CREDITS.—Retire-
ment of a State clean energy credit for a compliance 
with a State law in a State that does not have a 
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more stringent State clean energy program shall not 
prevent a retail electricity supplier from submitting 
a zero-emission electricity credit issued for the same 
megawatt-hour of zero-emission electricity for com-
pliance with this title. 
(3) SUBMISSION OF FEDERAL CREDITS.—Sub-
mission of a zero-emission electricity credit for com-
pliance with this title shall not prevent a retail elec-
tricity supplier from retiring a State clean energy 
credit issued for the same megawatt-hour of quali-
fied electricity generation for compliance with a 
State law. 
(e) DEFINITIONS.—In this section: 
(1) STATE CLEAN ENERGY CREDIT.—The term 
‘‘State clean energy credit’’ means a certificate cor-
responding to the electricity generated from renew-
able or other zero-emission electricity sources that is 
issued under a law enacted by a State. 
(2) MORE STRINGENT STATE CLEAN ENERGY 
PROGRAM.—The term ‘‘more stringent State clean 
energy program’’ means a law of a State that— 
(A) is determined by the Secretary to re-
quire each retail electricity supplier in the 
State, during the period described under sub-
section (c)(1)(C), to— 
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(i) obtain State clean energy credits 
representing an aggregate number of 
megawatt-hours of zero-emission electricity 
that is larger than the number of zero- 
emission electricity credits the retail elec-
tricity supplier would otherwise be required 
to submit under section 202; or 
(ii) generate a percentage of zero- 
emission electricity that is greater than the 
percentage that would be required of the 
retail electricity supplier under section 
202; and 
(B) includes compliance mechanisms, in-
cluding the imposition of penalties, that are at 
least as effective in enforcing compliance as the 
system of enforcement under this title. 
SEC. 207. REPORT TO CONGRESS. 
Not later than January 1, 2040, the Secretary shall 
submit a report to Congress with an evaluation and a fore-
cast of the remaining barriers to achieving generation of 
electric energy with no emissions of carbon dioxide by cal-
endar year 2050. 
SEC. 208. INFORMATION COLLECTION. 
The Secretary may require any retail electricity sup-
plier, generator, or other entity that the Secretary deter-
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mines appropriate, to submit to the Secretary any infor-
mation the Secretary determines to be appropriate to 
carry out this title. 
SEC. 209. CIVIL PENALTIES. 
(a) IN GENERAL.—Subject to subsection (b)— 
(1) a retail electricity supplier that fails to meet 
the requirements of section 202 shall be subject to 
a civil penalty in an amount equal to the product ob-
tained by multiplying— 
(A) the aggregate quantity of zero-emis-
sion electricity credits that the retail electricity 
supplier failed to submit for the calendar year 
to comply with section 202; by 
(B) 300 percent of the amount of alter-
native compliance payment for the calendar 
year, as determined under section 202(c); and 
(2) an entity required to submit information 
pursuant to section 208 that violates such section by 
failing to submit the information, or submitting false 
or misleading information, shall be subject to a civil 
penalty of $25,000 for each day during which such 
violation continues. 
(b) WAIVERS AND MITIGATION.— 
(1) FORCE
MAJEURE.—The Secretary may 
mitigate or waive a civil penalty under subsection (a) 
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191 
if the applicable retail electricity supplier or other 
entity was unable to comply with an applicable re-
quirement for reasons outside of the reasonable con-
trol of the retail electricity supplier or other entity. 
(2) REDUCTION FOR STATE PENALTIES.—The 
Secretary shall reduce the amount of a penalty de-
termined under subsection (a) by the amount paid 
by the applicable retail electricity supplier to a State 
for failure to comply with the requirement of a State 
renewable energy program, if the State requirement 
is more stringent than the applicable requirement of 
this title. 
(c) PROCEDURE
FOR ASSESSING PENALTY.—The 
Secretary shall assess a civil penalty under this section 
in accordance with section 333(d) of the Energy Policy 
and Conservation Act (42 U.S.C. 6303(d)). 
SEC. 210. REGULATIONS. 
(a) IN GENERAL.—Except as otherwise provided in 
this title, not later than 2 years after the date of enact-
ment of this title, the Secretary shall promulgate regula-
tions to implement this title. 
(b) CONSULTATION.—The Secretary shall consult 
with the Administrator of the Environmental Protection 
Agency in promulgating the regulations to implement this 
title. 
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Subtitle B—Methane Regulation 
SEC. 211. METHANE REGULATION. 
(a) NATIONAL GOAL.—The goal of this section is to 
reduce steadily the quantity of methane emissions from 
the oil and natural gas sector such that the quantity of 
methane emissions in calendar year 2030 from the oil and 
natural gas sector is at least 90 percent below the quantity 
of methane emissions in calendar year 2012 from such 
sector. 
(b) MAINTAINING FINAL NSPS RULE.—The Admin-
istrator may not repeal, replace, or amend the final rule 
entitled ‘‘Oil and Natural Gas Sector: Emission Standards 
for New, Reconstructed, and Modified Sources’’ as pub-
lished by the Environmental Protection Agency in the 
Federal Register on June 3, 2016 (81 Fed. Reg. 35,824 
et seq.), until regulations are promulgated pursuant to 
subsection (c). 
(c) REGULATIONS TO MEET THE NATIONAL GOAL.— 
(1) MEETING THE NATIONAL GOAL.— 
(A) DEADLINE.—Not later than December 
31, 2022, the Administrator shall promulgate 
final regulations under section 111 of the Clean 
Air Act (42 U.S.C. 7411) to limit methane 
emissions from the oil and natural gas sector to 
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193 
achieve the national goal specified in subsection 
(a). 
(B) CONTENTS.—The regulations required 
by subparagraph (A) shall provide for the es-
tablishment, implementation, and enforcement 
of standards of performance for limiting emis-
sions of methane from new sources under sec-
tion 111(b) of the Clean Air Act (42 U.S.C. 
7411(b)), and guidelines for States to establish, 
implement, and enforce standards of perform-
ance for existing sources under section 111(d) 
of the Clean Air Act (42 U.S.C. 7411(d)). Such 
standards of performance shall— 
(i) require the application of the best 
system of emission reduction to include ap-
plication of the best system of venting and 
leakage reduction for new and existing nat-
ural gas transmission and distribution 
pipelines; and 
(ii) apply to new sources, and existing 
sources, including— 
(I) new sources, and existing 
sources, with equipment that handles 
liquefied natural gas; 
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(II) new and existing offshore pe-
troleum and natural gas production 
facilities; and 
(III) other petroleum and natural 
gas facilities, as determined by the 
Administrator. 
(2) COVERED SOURCES.—The regulations pro-
mulgated pursuant to this subsection shall apply to 
new sources and existing sources of methane within 
every segment of the oil and natural gas sector. 
(d) PUBLIC HEALTH AND WELFARE.—For purposes 
of section 111 of the Clean Air Act (42 U.S.C. 7411), 
methane emissions from the oil and gas sector are deemed 
to reasonably be anticipated to endanger public health or 
welfare. 
(e) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) EXISTING SOURCE; NEW SOURCE; STAND-
ARD
OF
PERFORMANCE.—The 
terms 
‘‘existing 
source’’, ‘‘new source’’, and ‘‘standard of perform-
ance’’, have the meaning given such terms in section 
111(a) of the Clean Air Act (42 U.S.C. 7411(a)). 
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TITLE III—INCENTIVES FOR THE 
ACCELERATED DEPLOYMENT 
OF 100-PERCENT ZERO-EMIS-
SION ELECTRICITY SYSTEM 
SEC. 300. PURPOSE. 
The purpose of this title is to provide support for any 
given power company to accelerate the deployment of a 
100-percent zero-emission electricity generation system as 
early as possible before 2050. 
SEC. 301. ZERO-EMISSION ELECTRICITY ACCELERATION IN-
VESTMENT 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 new 
section: 
‘‘SEC. 45U. ZERO-EMISSION ELECTRICITY ACCELERATION 
INVESTMENT CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, in 
the case of a taxpayer who is a qualified zero-emission 
electricity taxpayer, the zero-emission electricity accelera-
tion investment credit shall be the applicable percentage 
of the cost of a qualified zero-emission electricity gener-
ating unit. 
‘‘(b) DEFINITIONS.—In this section; 
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‘‘(1) APPLICABLE
PERCENTAGE.—The term 
‘applicable percentage’ means— 
‘‘(A) 50 percent in the case of a qualified 
zero-emission electricity generating unit that 
begins to generate electricity before December 
31, 2025, 
‘‘(B) 40 percent in the case of a qualified 
zero-emission electricity generating unit that 
begins to generate electricity before December 
31, 2030, and 
‘‘(C) 30 percent in the case of a qualified 
zero-emission electricity generating unit that 
begins to generate electricity before December 
31, 2037. 
‘‘(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 2020. 
‘‘(3) 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 
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‘‘(B) the operation of which does not result 
in the release of carbon dioxide into the atmos-
phere. 
‘‘(4) QUALIFIED ZERO-EMISSION ELECTRICITY 
TAXPAYER.—The term ‘qualified zero-emission elec-
tricity taxpayer’ means, for a taxable year, a tax-
payer who— 
‘‘(A) does not own a generating unit that 
emits carbon dioxide at any point during such 
taxable year, and 
‘‘(B) for such taxable year, owns non-emit-
ting electricity generating units with a gener-
ating capacity that is equal to or greater than 
the annual average generating capacity of gen-
erating units owned by such taxpayer during 
the 5-year period ending on the date of the en-
actment of this section. 
‘‘(c) 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 facility to an eligible project 
partner for a specified period, then, the eligible 
project partner specified in such election (and not 
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198 
the taxpayer) shall be treated for purposes of this 
title with respect to such credit (or such portion 
thereof) as the person producing and selling the elec-
tricity to which such credit (or portion thereof) re-
lates. 
‘‘(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 facility, any person who— 
‘‘(i) has an ownership interest in such 
qualified facility, 
‘‘(ii) provided equipment for or serv-
ices in the construction of such qualified 
facility, 
‘‘(iii) provides electric transmission or 
distribution services for such qualified fa-
cility, 
‘‘(iv) purchases electricity from such 
qualified facility pursuant to a contract, or 
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‘‘(v) provides financing for such quali-
fied facility. 
‘‘(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 facility. 
‘‘(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 
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 
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200 
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 
‘‘(ii) requiring information to be in-
cluded in an election under paragraph (1) 
or imposing additional reporting require-
ments. 
‘‘(E) QUALIFIED FACILITY.—For purposes 
of this section, the term ‘qualified facility’ has 
the meaning given in section 45(d). 
‘‘(d) CREDIT RECAPTURE.—If a taxpayer who has 
been allowed a credit under this section for any taxable 
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201 
year ceases, in any subsequent taxable year, to be a quali-
fied zero-emission electricity taxpayer, such taxpayer’s tax 
under this chapter for such subsequent taxable year shall 
be increased by the amount of any credit or credits pre-
viously allocated to such taxpayer under this section (and 
not previously recaptured under this subsection). 
‘‘(e) TERMINATION.—This section shall apply to tax-
able years ending before January 1, 2050.’’. 
(b) CREDIT MADE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of the Internal 
Revenue Code of 1986 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 add-
ing at the end the following new paragraph: 
‘‘(34) the zero-emission electricity acceleration 
investment credit determined under section 45U.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 45U. Zero-emission electricity acceleration investment credit.’’. 
(d) 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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202 
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— 
(1) permanently retires every existing carbon- 
emitting generating unit owned by the eligible elec-
tricity provider as of the date that the applicable 
percentage for the grant begins to apply under sub-
section (b)(2); and 
(2) places into service one or more qualified 
zero-emission electricity generating units that re-
place the generation capacity of the carbon-emitting 
generating units described in paragraph (1) in suffi-
cient amounts to satisfy the condition specified in 
subsection (c). 
(b) GRANT AMOUNT.— 
(1) IN GENERAL.—The amount of the grant 
under subsection (a) with respect to any qualified 
zero-emission electricity generating unit shall be the 
applicable percentage of the cost of such qualified 
zero-emission electricity generating unit. 
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203 
(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘‘applicable percentage’’ 
means— 
(A) 50 percent in the case of a qualified 
zero-emission electricity generating unit that 
begins to generate electricity before December 
31, 2025; 
(B) 40 percent in the case of a qualified 
zero-emission electricity generating unit that 
begins to generate electricity before December 
31, 2030; and 
(C) 30 percent in the case of a qualified 
zero-emission electricity generating unit that 
begins to generate electricity before December 
31, 2037. 
(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 the 
date that the applicable percentage for the grant begins 
to apply under subsection (b)(2), 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. 
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204 
(d) TIME FOR PAYMENT OF GRANT.—The Secretary 
of Energy shall make payment of any grant under sub-
section (a) during the 60-day period beginning on the later 
of— 
(1) the date of the application for such grant; 
or 
(2) the date the qualified zero-emission elec-
tricity generating units described in subsection 
(a)(2) for which the grant is being made are placed 
into service. 
(e) APPLICATION OF CERTAIN RULES.—In making 
grants under this section, the Secretary of Energy shall 
apply rules similar to the rules of section 50 of the Inter-
nal Revenue Code of 1986 with the exception of section 
50(b)(3) and section 50(b)(4) for an entity described in 
section 50(b)(4)(A)(i). In applying such rules, if an eligi-
ble electricity provider acquires a carbon-emitting gener-
ating unit after a grant is made to the eligible electricity 
provider, the Secretary shall provide for the recapture of 
the appropriate percentage of the grant amount in such 
manner as the Secretary determines appropriate. 
(f) DEFINITIONS.—For purposes of this section: 
(1) CARBON-EMITTING
GENERATING
UNIT.— 
The term ‘‘carbon-emitting generating unit’’ means 
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205 
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. 
(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 2020. 
(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. 
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206 
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) REAUTHORIZATION
OF WEATHERIZATION AS-
SISTANCE PROGRAM.—Section 422 of the Energy Con-
servation and Production Act (42 U.S.C. 6872) is amend-
ed by striking paragraphs (1) through (5) and inserting 
the following: 
‘‘(1) $350,000,000 for fiscal year 2021; 
‘‘(2) $500,000,000 for fiscal year 2022; 
‘‘(3) $650,000,000 for fiscal year 2023; 
‘‘(4) $800,000,000 for fiscal year 2024; and 
‘‘(5) $1,000,000,000 for each of fiscal years 
2025 through 2030.’’. 
(b) MODERNIZING THE DEFINITION OF WEATHER-
IZATION MATERIALS.—Section 412(9)(J) of the Energy 
Conservation and Production Act (42 U.S.C. 6862(9)(J)) 
is amended— 
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(1) by inserting ‘‘, including renewable energy 
technologies and other advanced technologies,’’ after 
‘‘devices or technologies’’; and 
(2) by striking ‘‘, after consulting with the Sec-
retary of Housing and Urban Development, the Sec-
retary of Agriculture, and the Director of the Com-
munity Services Administration’’. 
(c) CONSIDERATION OF HEALTH BENEFITS.—Sec-
tion 413(b) of the Energy Conservation and Production 
Act (42 U.S.C. 6863(b)) is amended— 
(1) in paragraph (1), by striking ‘‘Health, Edu-
cation, and Welfare’’ and inserting ‘‘Health and 
Human Services’’; 
(2) in paragraph (2)(A), by striking ‘‘Health, 
Education, and Welfare’’ and inserting ‘‘Health and 
Human Services’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘and with the Director of 
the Community Services Administration’’; 
(B) by inserting ‘‘and by’’ after ‘‘in car-
rying out this part,’’; and 
(C) by striking ‘‘, and the Director of the 
Community Services Administration in carrying 
out weatherization programs under section 
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208 
222(a)(12) of the Economic Opportunity Act of 
1964’’; 
(4) by redesignating paragraphs (4) through 
(6) as paragraphs (5) through (7), respectively; and 
(5) by inserting after paragraph (3), the fol-
lowing: 
‘‘(4) The Secretary may amend the regulations pre-
scribed under paragraph (1) to provide that the standards 
described in paragraph (2)(A) take into consideration im-
provements in the health and safety of occupants of dwell-
ing units, and other nonenergy benefits, from weatheriza-
tion.’’. 
(d) CONTRACTOR OPTIMIZATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414B (42 U.S.C. 6864b) the following: 
‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 
‘‘(a) IN GENERAL.—The Secretary may request that 
entities receiving funding from the Federal Government 
or from a State through a weatherization assistance pro-
gram under section 413 or section 414 perform periodic 
reviews of the use of private contractors in the provision 
of weatherization assistance, and encourage expanded use 
of contractors as appropriate. 
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‘‘(b) USE OF TRAINING FUNDS.—Entities described 
in subsection (a) may use funding described in such sub-
section to train private, non-Federal entities that are con-
tracted to provide weatherization assistance under a 
weatherization program, in accordance with rules deter-
mined by the Secretary.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents for the Energy Conservation and 
Production Act is amended by inserting after the 
item relating to section 414B the following: 
‘‘Sec. 414C. Contractor optimization.’’. 
(e) FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414C (as added by subsection (d) of this sec-
tion) the following: 
‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to expand the number of dwelling units 
that are occupied by low-income persons that receive 
weatherization assistance by making such dwelling 
units weatherization-ready; 
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‘‘(2) to promote the deployment of zero-emis-
sion electric energy in dwelling units that are occu-
pied by low-income persons; 
‘‘(3) to ensure healthy indoor environments by 
enhancing or expanding health and safety measures 
and resources available to dwellings that are occu-
pied by low-income persons; 
‘‘(4) to disseminate new methods and best prac-
tices among entities providing weatherization assist-
ance; and 
‘‘(5) to encourage entities providing weatheriza-
tion assistance to hire and retain employees who are 
individuals— 
‘‘(A) from the community in which the as-
sistance is provided; and 
‘‘(B) from communities or groups that are 
underrepresented in the home energy perform-
ance workforce, including religious and ethnic 
minorities, women, veterans, individuals with 
disabilities, individuals who are socioeconomical-
ly disadvantaged, and energy transition workers 
(as defined in section 511 of the Clean Energy 
Innovation and Deployment Act of 2020). 
‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 
to the extent funds are made available, award financial 
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assistance, on an annual basis, through a competitive 
process to entities receiving funding from the Federal Gov-
ernment or from a State, tribal organization, or unit of 
general purpose local government through a weatheriza-
tion program under section 413 or section 414, or to non-
profit entities, to be used by such an entity— 
‘‘(1) with respect to dwelling units that are oc-
cupied by low-income persons, to— 
‘‘(A) implement measures to make such 
dwelling units weatherization-ready by address-
ing structural, plumbing, roofing, and electrical 
issues, environmental hazards, or other meas-
ures that the Secretary determines to be appro-
priate; 
‘‘(B) install energy efficiency technologies, 
including home energy management systems, 
smart devices, technologies that have been 
awarded a prize under section 128 of the Clean 
Energy Innovation and Deployment Act of 
2020, and other technologies the Secretary de-
termines to be appropriate; 
‘‘(C) install renewable energy systems (as 
defined in section 415(c)(6)(A)); and 
‘‘(D) 
implement 
measures 
to 
ensure 
healthy indoor environments by improving in-
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door air quality, accessibility, and other healthy 
homes measures as determined by the Sec-
retary; 
‘‘(2) to improve the capability of the entity— 
‘‘(A) to significantly increase the number 
of energy retrofits performed by such entity; 
‘‘(B) to replicate best practices for work 
performed pursuant to this section on a larger 
scale; 
‘‘(C) to leverage additional funds to sus-
tain the provision of weatherization assistance 
and other work performed pursuant to this sec-
tion after financial assistance awarded under 
this section is expended; and 
‘‘(D) to hire and retain employees who are 
individuals described subsection (a)(5); 
‘‘(3) for innovative outreach and education re-
garding the benefits and availability of weatheriza-
tion assistance and other assistance available pursu-
ant to this section; 
‘‘(4) for quality control of work performed pur-
suant to this section; 
‘‘(5) for data collection, measurement, and 
verification with respect to such work; 
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213 
‘‘(6) for program monitoring, oversight, evalua-
tion, and reporting regarding such work; 
‘‘(7) for labor, training, and technical assist-
ance relating to such work; 
‘‘(8) for planning, management, and adminis-
tration (up to a maximum of 15 percent of the as-
sistance provided); and 
‘‘(9) for such other activities as the Secretary 
determines to be appropriate. 
‘‘(c) AWARD FACTORS.—In awarding financial assist-
ance under this section, the Secretary shall consider— 
‘‘(1) the applicant’s record of constructing, ren-
ovating, repairing, or making energy efficient single- 
family, multifamily, or manufactured homes that are 
occupied by low-income persons, either directly or 
through affiliates, chapters, or other partners (using 
the most recent year for which data are available); 
‘‘(2) the number of dwelling units occupied by 
low-income persons that the applicant has built, ren-
ovated, repaired, weatherized, or made more energy 
efficient in the 5 years preceding the date of the ap-
plication; 
‘‘(3) the qualifications, experience, and past 
performance of the applicant, including experience 
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214 
successfully managing and administering Federal 
funds; 
‘‘(4) the strength of an applicant’s proposal to 
achieve one or more of the purposes under sub-
section (a); 
‘‘(5) the extent to which such applicant will uti-
lize partnerships and regional coordination to 
achieve one or more of the purposes under sub-
section (a); 
‘‘(6) regional and climate zone diversity; 
‘‘(7) urban, suburban, and rural localities; and 
‘‘(8) such other factors as the Secretary deter-
mines to be appropriate. 
‘‘(d) APPLICATIONS.— 
‘‘(1) ADMINISTRATION.—To be eligible for an 
award of financial assistance under this section, an 
applicant shall submit to the Secretary an applica-
tion in such manner and containing such informa-
tion as the Secretary may require. 
‘‘(2) AWARDS.—Subject to the availability of 
appropriations, not later than 270 days after the 
date of enactment of this section, the Secretary shall 
make a first award of financial assistance under this 
section. 
‘‘(e) MAXIMUM AMOUNT AND TERM.— 
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‘‘(1) IN GENERAL.—The total amount of finan-
cial assistance awarded to an entity under this sec-
tion shall not exceed $2,000,000. 
‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 
The total amount of financial assistance awarded to 
an entity under this section shall be reduced by the 
cost of any technical and training assistance pro-
vided by the Secretary that relates to such financial 
assistance. 
‘‘(3) TERM.—The term of an award of financial 
assistance under this section shall not exceed 3 
years. 
‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An 
entity may use financial assistance awarded to such 
entity under this section in conjunction with other 
financial assistance provided to such entity under 
this part. 
‘‘(f) REQUIREMENTS.—Not later than 90 days after 
the date of enactment of this section, the Secretary shall 
issue requirements to implement this section, including, 
for entities receiving financial assistance under this sec-
tion— 
‘‘(1) standards for allowable expenditures; 
‘‘(2) a minimum saving-to-investment ratio; and 
‘‘(3) standards for— 
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‘‘(A) training programs; 
‘‘(B) energy audits; 
‘‘(C) the provision of technical assistance; 
‘‘(D) monitoring activities carried out 
using such financial assistance; 
‘‘(E) verification of energy and cost sav-
ings; 
‘‘(F) liability insurance requirements; and 
‘‘(G) recordkeeping and reporting require-
ments, which shall include reporting to the Of-
fice of Weatherization and Intergovernmental 
Programs of the Department of Energy applica-
ble data on each dwelling unit retrofitted or 
otherwise assisted pursuant to this section. 
‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 
Nothing in this section supersedes or otherwise affects any 
State or local law, to the extent that the State or local 
law contains a requirement that is more stringent than 
the applicable requirement of this section. 
‘‘(h) REVIEW
AND EVALUATION.—The Secretary 
shall review and evaluate the performance of each entity 
that receives an award of financial assistance under this 
section (which may include an audit). 
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‘‘(i) ANNUAL REPORT.—The Secretary shall submit 
to Congress an annual report that provides a description 
of— 
‘‘(1) actions taken under this section to achieve 
the purposes of this section; and 
‘‘(2) accomplishments as a result of such ac-
tions, including energy and cost savings achieved. 
‘‘(j) FUNDING.— 
‘‘(1) AMOUNTS.— 
‘‘(A) IN
GENERAL.—For each of fiscal 
years 2021 through 2030, of the amount made 
available under section 422 for such fiscal year 
to carry out the weatherization program under 
this part (not including any of such amount 
made available for Department of Energy head-
quarters training or technical assistance), not 
more than— 
‘‘(i) 2 percent of such amount (if such 
amount is $225,000,000 or more but less 
than $260,000,000) may be used to carry 
out this section; 
‘‘(ii) 4 percent of such amount (if 
such amount is $260,000,000 or more but 
less than $300,000,000) may be used to 
carry out this section; and 
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‘‘(iii) 6 percent of such amount (if 
such amount is $300,000,000 or more) 
may be used to carry out this section. 
‘‘(B) MINIMUM.—For each of fiscal years 
2021 through 2030, if the amount made avail-
able under section 422 (not including any of 
such amount made available for Department of 
Energy headquarters training or technical as-
sistance) for such fiscal year is less than 
$225,000,000, no funds shall be made available 
to carry out this section. 
‘‘(2) LIMITATION.—For any fiscal year, the 
Secretary may not use more than $25,000,000 of 
the amount made available under section 422 to 
carry out this section.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Conservation and Production 
Act is amended by inserting after the item relating 
to section 414C the following: 
‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 
(f) HIRING.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414D (as added by subsection (e) of this sec-
tion) the following: 
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‘‘SEC. 414E. HIRING. 
‘‘The Secretary may, as the Secretary determines ap-
propriate, encourage entities receiving funding from the 
Federal Government or from a State through a weather-
ization program under section 413 or section 414, to 
prioritize the hiring and retention of employees who are 
individuals described in section 414D(a)(5).’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Conservation and Production 
Act is amended by inserting after the item relating 
to section 414D the following: 
‘‘Sec. 414E. Hiring.’’. 
(g) INCREASE IN ADMINISTRATIVE FUNDS.—Section 
415(a)(1) of the Energy Conservation and Production Act 
(42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per-
cent’’ and inserting ‘‘15 percent’’. 
(h) AMENDING REWEATHERIZATION DATE.—Para-
graph (2) of section 415(c) of the Energy Conservation 
and Production Act (42 U.S.C. 6865(c)) is amended to 
read as follows: 
‘‘(2) Dwelling units weatherized (including dwelling 
units partially weatherized) under this part, or under 
other Federal programs (in this paragraph referred to as 
‘previous weatherization’), may not receive further finan-
cial assistance for weatherization under this part until the 
date that is 15 years after the date such previous weather-
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220 
ization was completed. This paragraph does not preclude 
dwelling units that have received previous weatherization 
from receiving assistance and services (including the provi-
sion of information and education to assist with energy 
management and evaluation of the effectiveness of in-
stalled weatherization materials) other than weatheriza-
tion under this part or under other Federal programs, or 
from receiving non-Federal assistance for weatheriza-
tion.’’. 
(i) ANNUAL REPORT.—Section 421 of the Energy 
Conservation and Production Act (42 U.S.C. 6871) is 
amended by inserting ‘‘the number of multifamily build-
ings in which individual dwelling units were weatherized 
during the previous year, the number of individual dwell-
ing units in multifamily buildings weatherized during the 
previous year,’’ after ‘‘the average size of the dwellings 
being weatherized,’’. 
(j) REPORT ON WAIVERS.—Not later than 180 days 
after the date of enactment of this Act, the Secretary of 
Energy shall submit to Congress a report on the status 
of any request made after September 30, 2010, for a waiv-
er of any requirement under section 200.313 of title 2, 
Code of Federal Regulations, as such requirement applies 
with respect to the weatherization assistance program 
under part A of title IV of the Energy Conservation and 
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Production Act (42 U.S.C. 6861 et seq.), including a de-
scription of any such waiver that has been granted and 
any such request for a waiver that has been considered 
but not granted. 
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. 
The purposes of this title are to provide for a transi-
tion 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; and 
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(3) communities, especially those that are dis-
proportionately vulnerable to the impacts of climate 
change and other pollution, can be made resilient to 
the impacts of climate change. 
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— 
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‘‘(1) the elimination of net greenhouse gas 
emissions; 
‘‘(2) improved air and water quality; and 
‘‘(3) conservation of natural resources. 
‘‘(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 
512 of the Clean Energy Innovation and Deploy-
ment Act of 2020, and the pilot program developed 
under section 523 of such Act; 
‘‘(12) consider the human health and environ-
mental impacts of energy development and climate 
change on low-income and underserved populations, 
including rural communities, communities of color, 
children, the elderly, and sick; and 
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‘‘(13) 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; 
‘‘(5) State agencies, metropolitan planning or-
ganizations, and local governments; 
‘‘(6) the Energy Workforce Transition Office 
established by section 512 of the Clean Energy In-
novation and Deployment Act of 2020; 
‘‘(7) relevant public and private entities; and 
‘‘(8) labor organizations, such as those rep-
resenting workers in the construction, manufac-
turing, or energy sectors. 
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‘‘(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.’’. 
(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 
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(2) in subsection (c)(4), by striking ‘‘2008 
through 2013’’ and inserting ‘‘2022 through 2026’’. 
Subtitle B—Energy Workforce 
Transition 
SEC. 511. DEFINITIONS. 
In this subtitle: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Energy Workforce 
Transition Advisory Committee established by sec-
tion 512(d). 
(2) COAL-RELATED FACILITY.—The term ‘‘coal- 
related facility’’ includes a coal mine or a coal-fueled 
electric generating facility. 
(3) COAL-RELATED
INDUSTRIAL
FACILITY.— 
The term ‘‘coal-related industrial facility’’ includes a 
facility in the manufacturing and transportation 
supply chains of a coal-related facility. 
(4) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office. 
(5) DISPROPORTIONATELY IMPACTED COMMU-
NITY.—The term ‘‘disproportionately impacted com-
munity’’ means any community of color, low-to-mid-
dle income community, or indigenous community 
that is or has been disproportionately impacted by 
energy-related pollution. 
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228 
(6) ENERGY
TRANSITION
COMMUNITY.—The 
term ‘‘energy transition community’’ means a mu-
nicipality, county, region, or Indian Tribe 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 coal-related facility, a 
coal-related industrial facility, or another type of en-
ergy-related entity, as determined by the Office. 
(7) ENERGY TRANSITION WORKER.—The term 
‘‘energy transition worker’’ means a worker, includ-
ing workers employed by contractors or subcontrac-
tors, terminated, laid off from employment, or whose 
work hours have been reduced, on or after the date 
of enactment of this Act, from a coal-related facility, 
coal-related industrial facility, or other energy-re-
lated entity. 
(8) ENERGY WORKFORCE TRANSITION PLAN.— 
The term ‘‘Energy Workforce Transition Plan’’ 
means the plan developed under section 512(d). 
(9) 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). 
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229 
(10) OFFICE.—The term ‘‘Office’’ means the 
Energy Workforce Transition Office established by 
section 512. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(12) 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 coal-related facility, coal-related industrial- 
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. 
SEC. 512. 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-
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230 
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— 
(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 coal-re-
lated facilities, coal-related industrial-facilities, 
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.— 
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(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 
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-
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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, 
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; 
(II) wage differential benefits for 
energy transition workers, including 
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233 
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-
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) counties, municipalities, cities, 
or other political subdivisions of a 
State; 
(II) Indian Tribes; 
(III) apprenticeships registered 
under the Act of August 16, 1937 
(commonly known as the ‘‘National 
Apprenticeship Act’’; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.), 
that meet the requirements of parts 
29 and 30 of title 29, Code of Federal 
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234 
Regulations, as in effect on December 
30, 2019; 
(IV) institutions of higher edu-
cation; and 
(V) public or private nonprofit 
organizations or associations; 
(vii) recommendations for establishing 
community transition resource centers in 
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-
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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-
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. 
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(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 
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 disproportion-
ately impacted communities. 
(v) 2 representatives of electric utili-
ties that, on the date of enactment of this 
Act, operate a coal-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. 
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(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. 
(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 the 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. 
SEC. 513. 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— 
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(1) with respect to a coal-fueled electric gener-
ating facility with a capacity of more than 50 
megawatts, 12 months before the closure of the fa-
cility; 
(2) with respect to a coal mine with a capacity 
of more than 4,000,000 short tons of coal per year, 
12 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 
60 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 coal-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 
coal-related facility, will— 
(A) be retained; 
(B) be eliminated; and 
(C) be given a reduction in hours; 
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(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 coal-related facility, the total number, 
and the number by job classification, of workers— 
(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; 
(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 coal-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 coal- 
related facility with a new electric generating facil-
ity, the number of— 
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(A) workers from the closed coal-related 
facility who will be employed at the new electric 
generating facility; and 
(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. 
Subtitle C—Modern Energy 
Workforce Development 
SEC. 521. DEFINITIONS. 
In this subtitle: 
(1) 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. 
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(2) ENERGY TRANSITION WORKER.—The term 
‘‘energy transition worker’’ means a worker, includ-
ing workers employed by contractors or subcontrac-
tors, terminated, laid off from employment, or whose 
work-hours have been reduced, on or after the date 
of enactment of this Act, from a coal-related facility, 
coal-related industrial facility, or other energy-re-
lated entity. 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(4) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in 
section 2 of the National Labor Relations Act (29 
U.S.C. 152). 
(5) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ means a public board of 
education or other public authority legally con-
stituted within a State for either administrative con-
trol or direction of, or to perform a service function 
for, public schools in a city, county, township, school 
district, or other political subdivision of a State, or 
for a combination of school districts or counties as 
are recognized in a State as an administrative agen-
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242 
cy for its public elementary schools or secondary 
schools. 
(6) 
LOCAL
WORKFORCE
DEVELOPMENT 
BOARD.—The term ‘‘local workforce development 
board’’ has the meaning given that term in section 
3122 of title 29, United States Code. 
(7) 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)). 
(8) 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. 
(9) PRE-APPRENTICESHIP.—The term ‘‘pre-ap-
prenticeship’’ 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: 
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(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. 
(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. 
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SEC. 522. MODERN ENERGY WORKFORCE DEVELOPMENT. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation 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 indus-
tries (including manufacturing, engineering, construction, 
and retrofitting jobs in energy-related industries) to in-
crease the number of skilled workers trained to work in 
energy-related industries with existing or expected worker 
shortages. 
(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; 
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(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-
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 that the Program is in align-
ment with 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-
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prenticeship as a pathway to an energy-related 
career through an apprenticeship program. 
(2) PRIORITY.—In carrying out the Program, 
the Secretary shall— 
(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-
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ganizations, apprenticeship programs, and pre-ap-
prenticeship programs. 
(2) DISTRIBUTION.—The Secretary shall dis-
tribute direct assistance under paragraph (1) in a 
manner that— 
(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 
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(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 
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, nonprofit organizations, labor or-
ganizations, apprenticeship programs and pre-ap-
prenticeship programs, and energy-related indus-
tries; 
(2) facilitate the sharing of best practices and 
approaches that best suit local, State, and national 
needs; 
(3) encourage and foster collaboration, mentor-
ship, and partnership between— 
(A) industry partners, local workforce de-
velopment 
boards, 
nonprofit 
organizations, 
labor organizations, apprenticeship and pre-ap-
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prenticeship programs, that provide effective 
training programs for jobs in energy-related in-
dustries; and 
(B) local educational agencies, State edu-
cational agencies, and institutions of higher 
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-
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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 
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; 
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(2) work with minority institutions to increase 
the number of skilled minorities and women quali-
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, 
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engineering, construction, and retrofitting jobs in 
energy-related industries); and 
(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 socio-
economically disadvantaged individuals, to enroll in train-
ing and apprenticeship programs and pre-apprenticeship 
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 
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work in those sectors. The Secretary shall identify the sec-
tors in consultation with a broad cross-section of the en-
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. 523. ZERO-EMISSION ECONOMY WORKFORCE PILOT 
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— 
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(A) is directly involved with zero-emission 
electricity technology, energy efficiency, or other 
activity that results in a reduction in green-
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 Administra-
tion and the associated security requirements of 
such laboratory or facility; 
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(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 
(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. 
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(K) Oak Ridge National Laboratory. 
(L) Pacific Northwest National Labora-
tory. 
(M) Princeton Plasma Physics Laboratory. 
(N) Sandia National Laboratories. 
(O) Savannah River National Laboratory. 
(P) Stanford Linear Accelerator Center. 
(Q) Thomas Jefferson National Accel-
erator Facility. 
(3) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the pilot program established under 
subsection (b). 
(b) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Secretary of Labor, shall establish 
a pilot 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. 
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(c) GRANTS.— 
(1) IN GENERAL.—An eligible entity desiring a 
grant under the pilot program shall submit to the 
Secretary of Energy an application at such time, in 
such manner, and containing such information as 
the Secretary of Energy may require. 
(2) PRIORITY FOR TARGETED COMMUNITIES.— 
In providing grants under the pilot program, the 
Secretary of Energy 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; or 
(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 
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and supporting such individuals to a suc-
cessful completion of a pre-apprenticeship 
program; and 
(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 pilot 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) recruiting minorities, women, 
and veterans for training; 
(II) supporting those individuals 
in the successful completion of the 
pre-apprenticeship program; and 
(III) carrying out any other ac-
tivity of the pre-apprenticeship pro-
gram, as determined to be appropriate 
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by the Secretary of Labor, in con-
sultation with the Secretary. 
(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.— 
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(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 
pilot 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 pilot program for training, recruitment, and sup-
port relating to construction, eligible entities shall 
only include pre-apprenticeship programs that have 
an articulation agreement with one or more appren-
ticeship programs. 
(6) GRANT AMOUNT.—An eligible entity may 
not receive more than $1,000,000 per fiscal year in 
grant funds under the pilot program. 
SEC. 524. UNIVERSITY ZERO-EMISSION ENERGY LEADER-
SHIP PROGRAM. 
(a) ESTABLISHMENT.— 
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