‘‘(E) provides financing for such energy 
property. 
‘‘(2) SPECIAL
RULE.—For purposes of para-
graph (1)(E), any amount paid as consideration for 
a transfer described in subsection (e) shall not be 
treated as financing of a qualified facility. 
‘‘(g) TAXABLE YEAR IN WHICH CREDIT TAKEN INTO 
ACCOUNT.—In the case of any credit (or portion thereof) 
with respect to which an election is made under subsection 
(e), such credit shall be taken into account in the first 
taxable year of the eligible project partner ending with, 
or after, the electing taxpayer’s taxable year with respect 
to which the credit was determined. 
‘‘(h) LIMITATIONS ON ELECTION.— 
‘‘(1) TIME FOR ELECTION.—An election under 
subsection (e) 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 elect-
ing taxpayer’s taxable year with respect to which the 
credit was determined. 
‘‘(2) NO
FURTHER
TRANSFERS.—No election 
may be made under subsection (e) by a taxpayer 
with respect to any portion of the credit allowed 
under this section which has been previously trans-
ferred to such taxpayer. 
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‘‘(3) TREATMENT OF TRANSFER UNDER PRI-
VATE
USE
RULES.—For 
purposes 
of 
section 
141(b)(1), any benefit derived by an eligible project 
partner in connection with an election under sub-
section (e) shall not be taken into account as a pri-
vate business use. 
‘‘(4) ADDITIONAL ELECTION REQUIREMENTS.— 
The Secretary may prescribe such regulations as 
may be appropriate to carry out the purposes of this 
section, including— 
‘‘(A) rules for determining which persons 
are eligible project partners with respect to any 
energy property, and 
‘‘(B) requiring information to be included 
in an election under subparagraph (A) or im-
posing additional reporting requirements. 
‘‘(i) SPECIAL RULES.— 
‘‘(1) In the case of a taxpayer making an elec-
tion under this section, the credit subject to such an 
election shall be determined notwithstanding— 
‘‘(A) section 50(b)(3); and 
‘‘(B) section 50(b)(4) for an entity de-
scribed in 50(b)(4)(A)(i). 
‘‘(2) In the case of a mutual or cooperative 
electric company described in this paragraph or an 
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organization described in section 1381(a)(2), income 
received or accrued in connection with the transfer 
of credit under this section shall be treated as an 
amount collected from members for the sole purpose 
of meeting losses and expenses. 
‘‘(j) TERMINATION.—This section shall apply to tax-
able years ending before January 1, 2050.’’. 
(3) PHASEOUTS.— 
(A) SOLAR
ENERGY
PROPERTY.—Section 
48(a)(6) of such Code is amended— 
(i) in subparagraph (A)— 
(I) by striking ‘‘January 1, 2022, 
the energy percentage’’ and inserting 
‘‘January 1, 2028, the energy per-
centage’’; 
(II) in clause (i), by striking 
‘‘after December 31, 2019, and before 
January 1, 2021’’ and inserting 
‘‘after December 31, 2020, and before 
January 1, 2027’’; and 
(III) in clause (ii), by striking 
‘‘after December 31, 2020, and before 
January 1, 2022’’ and inserting 
‘‘after December 31, 2021, and before 
January 1, 2027’’; and 
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(ii) in subparagraph (B), by striking 
‘‘begins before January 1, 2022, and which 
is not placed in service before January 1, 
2024’’ and inserting ‘‘begins before Janu-
ary 1, 2028, and which is not placed in 
service before January 1, 2030’’. 
(B) FIBER-OPTIC SOLAR, QUALIFIED FUEL 
CELL, AND
QUALIFIED
SMALL
WIND
ENERGY 
PROPERTY.—Section 48(a)(7) of such Code is 
amended— 
(i) in subparagraph (A)— 
(I) in clause (i), by striking 
‘‘after December 31, 2019, and before 
January 1, 2021’’ and inserting 
‘‘after December 31, 2020, and before 
January 1, 2027’’; and 
(II) in clause (ii), by striking 
‘‘after December 31, 2020, and before 
January 1, 2022’’ and inserting 
‘‘after December 31, 2021, and before 
January 1, 2027’’; and 
(ii) in subparagraph (B), by striking 
‘‘January 1, 2024’’ and inserting ‘‘Janu-
ary 1, 2030’’. 
(c) EXTENSION OF PRODUCTION TAX CREDIT.— 
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(1) WIND.—Section 45(d)(1) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘Jan-
uary 1, 2021’’ and inserting ‘‘January 1, 2028’’. 
(2) 
HYDROPOWER, 
MARINE
AND 
HYDROKINETIC.—Section 45(d)(9)(a)(i) and (ii) and 
Section 45(d)(11)(B) of the Internal Revenue Code 
of 1986 is amended by striking ‘‘January 1, 2021’’ 
and inserting ‘‘January 1, 2028’’. 
(3) APPLICATION
OF
PHASEOUT
PERCENT-
AGE.—Section 45(b)(5)(D) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘January 1, 
2021’’ and inserting ‘‘January 1, 2028’’. 
(4) TREATMENT AS ENERGY PROPERTY.—Sec-
tion 48(a)(5)(E) of the Internal Revenue Code of 
1986 is amended by striking ‘‘January 1, 2021’’ and 
inserting ‘‘January 1, 2028’’. 
(5) CREDIT TRANSFERABILITY FOR WIND PRO-
DUCTION TAX CREDIT.—Section 45 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following: 
‘‘(f) TRANSFERABILITY.—If the taxpayer elects to 
transfer all (or any portion specified in the election) of 
the credit determined under this section for any taxable 
year with respect to any qualified facility as defined in 
subsection (d)(1) to an eligible project partner for a speci-
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fied period, then, the eligible project partner specified in 
such election (and not the taxpayer) shall be treated for 
purposes of this title with respect to such credit (or such 
portion thereof) as the person producing and selling the 
electricity to which such credit (or portion thereof) relates. 
‘‘(g) ELIGIBLE PROJECT PARTNER.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘eligible project partner’ means, with 
respect to any qualified facility as defined in sub-
section (d)(1), any person who— 
‘‘(A) has an ownership interest in such 
qualified facility, 
‘‘(B) provided equipment for or services in 
the construction of such qualified facility, 
‘‘(C) provides electric transmission or dis-
tribution services for such qualified facility, 
‘‘(D) purchases electricity from such quali-
fied facility pursuant to a contract, or 
‘‘(E) provides financing for such qualified 
facility. 
‘‘(2) SPECIAL
RULE.—For purposes of para-
graph (1)(E), any amount paid as consideration for 
a transfer described in subsection (f) shall not be 
treated as financing of a qualified facility. 
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‘‘(h) TAXABLE YEAR IN WHICH CREDIT TAKEN INTO 
ACCOUNT.—In the case of any credit (or portion thereof) 
with respect to which an election is made under subsection 
(f), such credit shall be taken into account in the first 
taxable year of the eligible project partner ending with, 
or after, the electing taxpayer’s taxable year with respect 
to which the credit was determined. 
‘‘(i) LIMITATIONS ON ELECTION.— 
‘‘(1) TIME FOR ELECTION.—An election under 
subsection (f) 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 elect-
ing taxpayer’s taxable year with respect to which the 
credit was determined. 
‘‘(2) NO
FURTHER
TRANSFERS.—No election 
may be made under subsection (f) by a taxpayer 
with respect to any portion of the credit allowed 
under this section which has been previously trans-
ferred to such taxpayer under this paragraph. 
‘‘(3) TREATMENT OF TRANSFER UNDER PRI-
VATE
USE
RULES.—For 
purposes 
of 
section 
141(b)(1), any benefit derived by an eligible project 
partner in connection with an election under this 
section shall not be taken into account as a private 
business use. 
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‘‘(4) ADDITIONAL ELECTION REQUIREMENTS.— 
The Secretary may prescribe such regulations as 
may be appropriate to carry out the purposes of this 
section, including— 
‘‘(A) rules for determining which persons 
are eligible project partners with respect to any 
energy property, and 
‘‘(B) requiring information to be included 
in an election under subsection (f) or imposing 
additional reporting requirements. 
‘‘(j) TERMINATION.—This section shall apply to tax-
able years ending before January 1, 2050.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2020. 
SEC. 122. ENERGY TAX CREDIT MONETIZATION. 
(a) IN GENERAL.—Subchapter B of chapter 65 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 6431. ELECTIVE PAYMENT FOR ENERGY PROPERTY 
AND ELECTRICITY PRODUCED FROM CER-
TAIN RENEWABLE RESOURCES, ETC. 
‘‘(a) ENERGY PROPERTY.—In the case of a taxpayer 
making an election (at such time and in such manner as 
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the Secretary may provide) under this section with respect 
to— 
‘‘(1) any portion of an energy credit which 
would (without regard to this section) be determined 
under section 48 with respect to property originally 
placed in service after December 31, 2019 and be-
fore January 1, 2025, 
‘‘(2) any portion of a renewable electricity pro-
duction credit which would (without regard to this 
section) be determined under section 45 with respect 
to property originally placed in service after Decem-
ber 31, 2019 and before January 1, 2025, or 
‘‘(3) any portion of a credit carryforward to the 
extent attributable to section 48 or section 45 that 
is allowed under section 38(a)(1) (determined with-
out regard to section 38(c)) for taxable years ending 
after December 31, 2019 and before January 1, 
2025, 
such taxpayer shall be treated as making a payment 
against the tax imposed by subtitle A for the taxable year 
equal to 85 percent of such amount. 
‘‘(b) TIMING.—The payment described in subsection 
(a) shall be treated as made on the later of the due date 
of the return of tax (determined without extensions) for 
such taxable year or the date on which such return is filed. 
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‘‘(c) EXCLUSION FROM GROSS INCOME.—Gross in-
come of the taxpayer shall be determined without regard 
to this section. 
‘‘(d) DENIAL OF DOUBLE BENEFIT.—Solely for pur-
poses of section 38, in the case of a taxpayer making an 
election under this section, the energy credit determined 
under section 48 or the renewable electricity production 
credit determined under section 45 shall be reduced by 
the amount of the portion of such credit with respect to 
which the taxpayer makes such election. 
‘‘(e) SPECIAL RULES.— 
‘‘(1) In the case of a taxpayer making an elec-
tion under this section, the credit subject to such an 
election shall be determined notwithstanding— 
‘‘(A) section 50(b)(3); and 
‘‘(B) section 50(b)(4) for an entity de-
scribed in 50(b)(4)(A)(i). 
‘‘(2) In the case of a mutual or cooperative 
electric company described in this paragraph or an 
organization described in section 1381(a)(2), income 
received or accrued in connection with the refunding 
or direct payment of credit under this section shall 
be treated as an amount collected from members for 
the sole purpose of meeting losses and expenses.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter B of chapter 65 of such Code is amended 
by adding at the end the following new item: 
‘‘Sec. 6431. Elective payment for energy property and electricity produced from 
certain renewable resources, etc.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 123. INNOVATION IN ENERGY STORAGE THROUGH RE-
SEARCH, DEVELOPMENT, AND DEMONSTRA-
TION. 
(a) IN GENERAL.—The United States Energy Stor-
age Competitiveness Act of 2007 (42 U.S.C. 17231) is 
amended— 
(1) by redesignating subsections (l) through (p) 
as subsections (m) through (q), respectively; and 
(2) by inserting after subsection (k) the fol-
lowing: 
‘‘(l) GRID-SCALE ENERGY STORAGE SYSTEM RE-
SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO-
GRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ENERGY
STORAGE
SYSTEM.—The 
term ‘energy storage system’ means a system, 
equipment, facility, or technology that— 
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‘‘(i) is capable of absorbing energy, 
storing that energy for a period of time, 
and dispatching the stored energy; and 
‘‘(ii)(I) uses a mechanical, electrical, 
chemical, electrochemical, or thermal proc-
ess to store energy that— 
‘‘(aa) was generated at an earlier 
time for use at a later time; or 
‘‘(bb) was generated from a me-
chanical process, and would otherwise 
be wasted, for delivery at a later time; 
or 
‘‘(II) stores thermal energy for direct 
use for heating or cooling at a later time 
in a manner that avoids the need to use 
electricity at that later time, in the same 
manner as the storage and use offered by 
a grid-enabled water heater. 
‘‘(B) 
PROGRAM.—The 
term 
‘program’ 
means the research, development, and dem-
onstration program established under para-
graph (2)(A). 
‘‘(2) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
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the Secretary shall establish within the Office of 
Electricity of the Department of Energy a re-
search, development, and demonstration pro-
gram of grid-scale energy storage systems, in 
accordance with this subsection. 
‘‘(B) GOALS, 
PRIORITIES, 
COST
TAR-
GETS.—Not later than 180 days after the date 
of enactment of this Act, The Secretary shall 
develop goals, priorities, and cost targets for 
the program. 
‘‘(3) STRATEGIC PLAN.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate 
and the Committee on Science, Space, and 
Technology of the House of Representatives a 
10-year strategic plan for the program. 
‘‘(B) CONTENTS.—The strategic plan sub-
mitted under subparagraph (A) shall— 
‘‘(i) identify Department of Energy 
programs that support— 
‘‘(I) the research and develop-
ment activities described in paragraph 
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(4) and the demonstration projects 
under paragraph (6); and 
‘‘(II) activities or projects not de-
scribed in subclause (I) that are im-
portant to the development of grid- 
scale energy storage systems and the 
mission of the Office of Electricity of 
the Department of Energy, as deter-
mined by the Secretary; and 
‘‘(ii) include expected timelines for— 
‘‘(I) the accomplishment of rel-
evant objectives under current pro-
grams of the Department of Energy 
relating to grid-scale energy storage 
systems; and 
‘‘(II) the commencement of any 
new initiatives within the Department 
of Energy relating to grid-scale energy 
storage systems to accomplish those 
objectives. 
‘‘(C) UPDATES
TO
PLAN.—Not less fre-
quently than once every 2 years, the Secretary 
shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Com-
mittee on Science, Space, and Technology of 
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the House of Representatives an updated stra-
tegic plan for the same 10-year period as the 
plan under subparagraph (A), which shall iden-
tify, and provide a justification for, any major 
deviation from a previous strategic plan sub-
mitted under this paragraph. 
‘‘(4) RESEARCH AND DEVELOPMENT.—In car-
rying out the program, the Secretary shall focus re-
search and development activities on developing cost- 
effective energy storage systems that— 
‘‘(A)(i) to balance day-scale needs, are ca-
pable of highly flexible power output for not 
less than 6 hours; and 
‘‘(ii) have a lifetime of— 
‘‘(I) not less than 8,000 cycles of dis-
charge at full output; and 
‘‘(II) 20 years of useful-life operation; 
‘‘(B)(i) can provide power to the electric 
grid for durations of approximately 6 to 100 
hours; and 
‘‘(ii) have a lifetime of— 
‘‘(I) not less than 1,500 cycles of dis-
charge at full output; and 
‘‘(II) 20 years of operation; and 
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‘‘(C) can store energy over several months 
and address seasonal scale variations in supply 
and demand. 
‘‘(5) COST TARGETS.— 
‘‘(A) IN GENERAL.—Cost targets developed 
by the Secretary under paragraph (2)(B) 
shall— 
‘‘(i) be for energy storage costs across 
all types of energy storage technology; and 
‘‘(ii) include technology costs, installa-
tion costs, balance of services costs, and 
soft costs. 
‘‘(B) TARGET
UPDATES; SUBTARGETS.— 
Not less frequently than once every 5 years 
during the 10-year period beginning on the date 
of enactment of the Act, the Secretary shall— 
‘‘(i) revise the cost targets developed 
under paragraph (2)(B) based on— 
‘‘(I) a technology-neutral ap-
proach that considers all types of en-
ergy storage deployment scenarios, in-
cluding individual technologies, tech-
nology combination use profiles, and 
integrated control system applications; 
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‘‘(II) input from a variety of 
stakeholders; 
‘‘(III) the inclusion and use of 
existing infrastructure; and 
‘‘(IV) the ability to optimize the 
integration of intermittent renewable 
energy generation technology and dis-
tributed energy resources; and 
‘‘(ii) establish cost subtargets for 
technologies and applications relating to 
the energy storage systems described in 
paragraph (4), taking into consideration— 
‘‘(I) electricity market prices; and 
‘‘(II) the goal of being cost-com-
petitive in specific markets for electric 
grid products and services. 
‘‘(6) DEMONSTRATION PROJECTS.— 
‘‘(A) IN GENERAL.—Not later than Sep-
tember 30, 2023, under the program, the Sec-
retary shall, to the maximum extent practicable, 
enter into agreements to carry out not more 
than 5 grid-scale energy storage system dem-
onstration projects, including at least one in 
which an electric cooperative is a participant 
and at least one in which a retail electricity 
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supplier that is a State, or any political subdivi-
sion of a State is a participant. 
‘‘(B) 
OBJECTIVE.—Each 
demonstration 
project carried out under subparagraph (A) 
shall be designed to further the development of 
the energy storage systems described in para-
graph (4). 
‘‘(C) NO
OWNERSHIP
INTEREST.—The 
Federal Government shall not hold any equity 
or other ownership interest in any grid-scale en-
ergy storage system that is part of a dem-
onstration project under this paragraph. 
‘‘(7) TESTING
AND
VALIDATION.—The Sec-
retary shall accelerate the standardized testing and 
validation of grid-scale energy storage systems under 
the program through collaboration with one or more 
National Laboratories (as defined in section 2 of the 
Energy Policy Act of 2005 (42 U.S.C. 15801)), in-
cluding by developing testing and evaluation meth-
odologies for— 
‘‘(A) standardized grid performance testing 
for energy storage systems, materials, and tech-
nologies during each stage of development, be-
ginning with the research stage and ending with 
the deployment stage, including performance 
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testing with charge and discharge protocols to 
evaluate power capability, energy output, and 
degradation during cycling and calendar aging 
on earliest stage commercially viable prototypes 
(commonly less than 100 kilowatts); and 
‘‘(B) accelerated life testing protocols to 
predict estimated lifetime metrics with accu-
racy. 
‘‘(8) COORDINATION.—To accelerate the devel-
opment of grid-scale energy storage systems under 
the program the Secretary shall coordinate with— 
‘‘(A) offices within the Department of En-
ergy conducting energy storage research, such 
as the Advanced Research Projects Agency–En-
ergy, the Office of Science, and the Office of 
Energy Efficiency and Renewable Energy; 
‘‘(B) Federal agencies that are carrying 
out initiatives to increase energy security or re-
liability, such as the Department of Defense, 
the National Science Foundation, the Federal 
Energy Regulatory Commission, and the De-
partment of Homeland Security; 
‘‘(C) program offices that aim to increase 
domestic manufacturing and production, such 
as the Office of Advanced Manufacturing in the 
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Department of Energy and the National Insti-
tute of Standards and Technology in the De-
partment of Commerce; and 
‘‘(D) members of private industry to ad-
vance the development of commercially viable 
grid-scale energy storage systems.’’. 
(b) AUTHORIZATION
OF
APPROPRIATIONS.—The 
United States Energy Storage Competitiveness Act of 
2007 (42 U.S.C. 17231) is amended, in subsection (q) (as 
redesignated by subsection (a)(1))— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) the research, development, and demonstra-
tion program of grid-scale energy storage systems 
under subsection (l) $60,000,000 for each of fiscal 
years 2021 through 2024.’’. 
SEC. 124. DEPLOYMENT OF ENERGY STORAGE THROUGH 
TAX CREDITS. 
(a) ENERGY CREDIT FOR ENERGY STORAGE TECH-
NOLOGIES.— 
(1) IN
GENERAL.—Subclause (II) of section 
48(a)(2)(A)(i) of the Internal Revenue Code of 1986 
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is amended by striking ‘‘paragraph (3)(A)(i)’’ and 
inserting ‘‘clause (i) or (ix) of paragraph (3)(A)’’. 
(2) ENERGY
STORAGE
TECHNOLOGIES.—Sub-
paragraph (A) of section 48(a)(3) of the Internal 
Revenue Code of 1986, as amended by section 121, 
is amended by striking ‘‘or’’ at the end of clause 
(vii), by adding ‘‘or’’ at the end of clause (viii), and 
by adding at the end the following new clause: 
‘‘(ix) equipment which receives, stores, 
and delivers energy using batteries, com-
pressed air, pumped hydropower, hydrogen 
storage (including hydrolysis), thermal en-
ergy 
storage, 
regenerative 
fuel 
cells, 
flywheels, 
capacitors, 
superconducting 
magnets, or other technologies identified 
by the Secretary in consultation with the 
Secretary of Energy, and which has a ca-
pacity of not less than 5 kilowatt hours,’’. 
(3) PHASEOUT OF CREDIT.—Paragraph (6) of 
section 48(a) of the Internal Revenue Code of 1986 
is amended— 
(A) by striking ‘‘ENERGY’’ in the heading 
and inserting ‘‘AND ENERGY STORAGE’’; and 
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(B) by striking ‘‘paragraph (3)(A)(i)’’ both 
places it appears and inserting ‘‘clause (i) or 
(ix) of paragraph (3)(A)’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to property placed in 
service after December 31, 2019. 
(b) RESIDENTIAL ENERGY EFFICIENT PROPERTY 
CREDIT FOR BATTERY STORAGE TECHNOLOGY.— 
(1) IN
GENERAL.—Subsection (a) of section 
25D of the Internal Revenue Code of 1986 is 
amended by striking ‘‘and’’ at the end of paragraph 
(4), by inserting ‘‘and’’ after the comma at the end 
of paragraph (5), and by inserting after paragraph 
(5) the following new paragraph: 
‘‘(6) the qualified battery storage technology ex-
penditures,’’. 
(2) QUALIFIED
BATTERY
STORAGE
TECH-
NOLOGY EXPENDITURE.—Subsection (d) of section 
25D of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new 
paragraph: 
‘‘(6) QUALIFIED
BATTERY
STORAGE
TECH-
NOLOGY
EXPENDITURE.—The term ‘qualified bat-
tery storage technology expenditure’ means an ex-
penditure for battery storage technology which— 
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‘‘(A) is installed on or in connection with 
a dwelling unit located in the United States and 
used as a residence by the taxpayer, and 
‘‘(B) has a capacity of not less than 3 kilo-
watt hours.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to expenditures paid 
or incurred in taxable years beginning after Decem-
ber 31, 2018. 
SEC. 125. NORMALIZATION OPT-OUT FOR UTILITIES. 
Paragraph (2) of section 50(d) of the Internal Rev-
enue Code of 1986 is amended by adding after the first 
sentence the following: ‘‘At the election of a taxpayer, this 
paragraph shall not apply to energy property described in 
clause (i) or (ix) of section 48(a)(3)(A) that is placed in 
service by the taxpayer after December 31, 2019, pro-
vided— 
‘‘(A) no election under this paragraph shall 
be permitted if the making of such election is 
prohibited by, or required by, a State or polit-
ical subdivision thereof, by any agency or in-
strumentality of the United States, or by a pub-
lic service or public utility commission or other 
similar body of any State or political subdivi-
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sion that regulates public utilities as described 
in section 7701(a)(33)(A), and 
‘‘(B) an election under this paragraph 
shall be made separately with respect to each 
energy property by the due date (including ex-
tensions) of the Federal tax return for the tax-
able year in which such property is placed in 
service by the taxpayer, and once made, may be 
revoked only with the consent of the Sec-
retary.’’. 
SEC. 126. DEPLOYMENT OF CARBON CAPTURE UTILIZATION 
AND STORAGE THROUGH TAX CREDITS. 
Section 45Q(d)(1) of the Internal Revenue Code of 
1986 is amended by striking ‘‘January 1, 2024’’ and in-
serting ‘‘December 31, 2029’’. 
SEC. 127. INNOVATION IN ADVANCED NUCLEAR TECH-
NOLOGY THROUGH DEMONSTRATION. 
(a) FINDINGS.—Congress finds that— 
(1) the national security nuclear enterprise, 
which supports the nuclear weapons stockpile stew-
ardship and naval reactors functions of the National 
Nuclear Security Administration, requires a domes-
tic source of low- and high-enriched uranium due to 
legal restrictions regarding foreign obligations relat-
ing to the beginning stage of the nuclear fuel cycle; 
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100 
(2) many domestic advanced nuclear power in-
dustry participants require access to high-assay, low- 
enriched uranium fuel for— 
(A) operation of demonstration reactors; 
and 
(B) initial fuel testing; 
(C) commercial operation of advanced nu-
clear reactors; 
(3) as of the date of enactment of this Act, no 
domestic uranium enrichment or fuel fabrication ca-
pability exists for uranium fuel enriched to greater 
than 5 weight percent of the uranium-235 isotope; 
(4) a healthy commercial nuclear fuel cycle ca-
pable of providing higher levels of enriched uranium 
would benefit— 
(A) the relevant national security functions 
of the National Nuclear Security Administra-
tion; and 
(B) the domestic advanced nuclear indus-
try of the United States; and 
(5) making limited quantities of high-assay, 
low-enriched uranium available from Department of 
Energy stockpiles of uranium would allow for initial 
fuel testing and demonstration of advanced nuclear 
reactor concepts, accelerating— 
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101 
(A) the path to market of those concepts; 
and 
(B) the development of— 
(i) a market for advanced nuclear re-
actors; and 
(ii) a resulting growing commercial 
nuclear fuel cycle capability. 
(b) 
NUCLEAR
REACTOR
DEMONSTRATION 
PROJECT.— 
(1) IN GENERAL.—Subtitle E of title IX of the 
Energy Policy Act of 2005 (42 U.S.C. 16271 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH 
AND DEVELOPMENT GOALS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
ADVANCED
NUCLEAR
REACTOR.—The 
term ‘advanced nuclear reactor’ means— 
‘‘(A) a nuclear fission reactor, including a 
prototype plant (as defined in sections 50.2 and 
52.1 of title 10, Code of Federal Regulations 
(or successor regulations)), with significant im-
provements compared to the most recent gen-
eration of fission reactors, including improve-
ments such as— 
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‘‘(i) additional inherent safety fea-
tures; 
‘‘(ii) lower waste yields; 
‘‘(iii) improved fuel performance; 
‘‘(iv) increased tolerance to loss of 
fuel cooling; 
‘‘(v) enhanced reliability; 
‘‘(vi) increased proliferation resist-
ance; 
‘‘(vii) increased thermal efficiency; 
‘‘(viii) reduced consumption of cooling 
water; 
‘‘(ix) the ability to integrate into elec-
tric applications and nonelectric applica-
tions; 
‘‘(x) modular sizes to allow for deploy-
ment that corresponds with the demand 
for electricity; and 
‘‘(xi) operational flexibility to respond 
to changes in demand for electricity and to 
complement integration with intermittent 
renewable energy; or 
‘‘(B) a nuclear fusion reactor. 
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103 
‘‘(2) DEMONSTRATION
PROJECT.—The term 
‘demonstration project’ means an advanced nuclear 
reactor operated— 
‘‘(A) as part of the power generation facili-
ties of an electric utility system; or 
‘‘(B) in any other manner for the purpose 
of demonstrating the suitability for commercial 
application of the advanced nuclear reactor for 
the generation of electricity or other useful en-
ergy output. 
‘‘(b) PURPOSE.—The purpose of this section is to di-
rect the Secretary, as soon as practicable after the date 
of enactment of this section, to advance the research and 
development of domestic advanced, affordable, and clean 
nuclear energy by— 
‘‘(1) demonstrating different advanced nuclear 
reactor technologies that could be used by the elec-
tric power sector to produce— 
‘‘(A) emission-free power at a levelized cost 
of electricity of $60 per megawatt-hour or less; 
‘‘(B) heat for community heating, indus-
trial purposes, or synthetic fuel production; 
‘‘(C) remote or off-grid energy supply; or 
‘‘(D) backup or mission-critical power sup-
plies; 
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‘‘(2) developing subgoals for nuclear energy re-
search programs that would accomplish the goals of 
the demonstration projects carried out under sub-
section (c); 
‘‘(3) identifying research areas that the electric 
power sector is unable or unwilling to undertake due 
to the cost of, or risks associated with, the research; 
and 
‘‘(4) facilitating the access of the electric power 
sector— 
‘‘(A) to Federal research facilities and per-
sonnel; and 
‘‘(B) to the results of research relating to 
civil nuclear technology funded by the Federal 
Government. 
‘‘(c) DEMONSTRATION PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable— 
‘‘(A) complete not fewer than two ad-
vanced nuclear reactor demonstration projects 
by not later than December 31, 2030; and 
‘‘(B) establish a program to demonstrate 
not fewer than two, and not more than five, ad-
ditional operational advanced reactor designs by 
not later than December 31, 2035. 
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‘‘(2) REQUIREMENTS.—In carrying out dem-
onstration projects under paragraph (1), the Sec-
retary shall— 
‘‘(A) include diversity in designs for the 
advanced nuclear reactors demonstrated under 
this section, including designs using various— 
‘‘(i) primary coolants; 
‘‘(ii) fuel types and compositions; and 
‘‘(iii) neutron spectra; 
‘‘(B) seek to ensure that— 
‘‘(i) the long-term cost of electricity or 
heat for each design to be demonstrated 
under this subsection has the capability of 
being cost-competitive in the applicable 
market; and 
‘‘(ii) the selected projects can meet 
the deadline established in paragraph (1) 
to demonstrate first-of-a-kind advanced 
nuclear reactor technologies, for which ad-
ditional information shall be considered, in-
cluding— 
‘‘(I) the readiness level of a pro-
posed advanced nuclear reactor tech-
nology; 
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‘‘(II) the technical abilities and 
qualifications of teams desiring to 
partner with the Department to dem-
onstrate a proposed advanced nuclear 
reactor technology; and 
‘‘(III) the capacity to meet cost- 
share requirements of the Depart-
ment; 
‘‘(C) ensure that each evaluation of can-
didate technologies for the demonstration 
projects is completed through an external re-
view of proposed designs, which review shall— 
‘‘(i) be conducted by a panel that in-
cludes not fewer than 1 representative of 
each of— 
‘‘(I) an electric utility; and 
‘‘(II) an entity that uses high- 
temperature process heat for manu-
facturing or industrial processing, 
such as a petrochemical company, a 
manufacturer of metals, or a manu-
facturer of concrete; and 
‘‘(ii) include a review of cost-competi-
tiveness and other value streams, together 
with the technology readiness level, of each 
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107 
design to be demonstrated under this sub-
section; 
‘‘(D) enter into cost-sharing agreements 
with partners in accordance with section 988 
for the conduct of activities relating to the re-
search, development, and demonstration of pri-
vate-sector advanced nuclear reactor designs 
under the program; 
‘‘(E) work with electric power sector part-
ners to identify potential sites, including De-
partment-owned sites, for demonstrations, as 
appropriate; and 
‘‘(F) align specific activities carried out 
under demonstration projects carried out under 
this subsection with priorities identified through 
direct consultations between— 
‘‘(i) the Department; 
‘‘(ii) National Laboratories; 
‘‘(iii) institutions of higher education; 
‘‘(iv) traditional end-users (such as 
electric utilities); 
‘‘(v) potential end-users of new tech-
nologies (such as users of high-tempera-
ture process heat for manufacturing proc-
essing, including petrochemical companies, 
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108 
manufacturers of metals, or manufacturers 
of concrete); and 
‘‘(vi) developers of advanced nuclear 
reactor technology. 
‘‘(3) ADDITIONAL
REQUIREMENTS.—In car-
rying out demonstration projects under paragraph 
(1), the Secretary shall— 
‘‘(A) identify candidate technologies that— 
‘‘(i) are not developed sufficiently for 
demonstration within the initial required 
timeframe described in paragraph (1)(A); 
but 
‘‘(ii) could be demonstrated within the 
timeframe described in paragraph (1)(B); 
‘‘(B) identify technical challenges to the 
candidate technologies identified in subpara-
graph (A); 
‘‘(C) support near-term research and devel-
opment to address the highest-risk technical 
challenges to the successful demonstration of a 
selected advanced reactor technology, in accord-
ance with— 
‘‘(i) subparagraph (B); and 
‘‘(ii) the research and development ac-
tivities under section 958; and 
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109 
‘‘(D) establish such technology advisory 
working groups as the Secretary determines to 
be appropriate to advise the Secretary regard-
ing the technical challenges identified under 
subparagraph (B) and the scope of research 
and development programs to address the chal-
lenges, in accordance with subparagraph (C), to 
be comprised of— 
‘‘(i) private-sector advanced nuclear 
reactor technology developers; 
‘‘(ii) technical experts with respect to 
the relevant technologies at institutions of 
higher education; and 
‘‘(iii) technical experts at the National 
Laboratories. 
‘‘(d) GOALS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish goals for research relating to advanced nuclear 
reactors facilitated by the Department that support 
the objectives of the program for demonstration 
projects established under subsection (c). 
‘‘(2) COORDINATION.—In developing the goals 
under paragraph (1), the Secretary shall coordinate, 
on an ongoing basis, with members of private indus-
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110 
try to advance the demonstration of various designs 
of advanced nuclear reactors. 
‘‘(3) REQUIREMENTS.—In developing the goals 
under paragraph (1), the Secretary shall ensure 
that— 
‘‘(A) research activities facilitated by the 
Department to meet the goals developed under 
this subsection are focused on key areas of nu-
clear research and deployment ranging from 
basic science to full-design development, safety 
evaluation, and licensing; 
‘‘(B) research programs designed to meet 
the goals emphasize— 
‘‘(i) resolving materials challenges re-
lating to extreme environments, including 
extremely high levels of— 
‘‘(I) radiation fluence; 
‘‘(II) temperature; 
‘‘(III) pressure; and 
‘‘(IV) corrosion; and 
‘‘(ii) qualification of advanced fuels; 
‘‘(C) activities are carried out that address 
near-term challenges in modeling and simula-
tion to enable accelerated design and licensing; 
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111 
‘‘(D) related technologies, such as tech-
nologies to manage, reduce, or reuse nuclear 
waste, are developed; 
‘‘(E) nuclear research infrastructure is 
maintained or constructed, such as— 
‘‘(i) currently operational research re-
actors at the National Laboratories and in-
stitutions of higher education; 
‘‘(ii) hot cell research facilities; 
‘‘(iii) a versatile fast neutron source; 
and 
‘‘(iv) a molten salt testing facility; 
‘‘(F) basic knowledge of non-light water 
coolant physics and chemistry is improved; 
‘‘(G) advanced sensors and control systems 
are developed; and 
‘‘(H) advanced manufacturing and ad-
vanced construction techniques and materials 
are investigated to reduce the cost of advanced 
nuclear reactors. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$300,000,000 for each of fiscal years 2021 through 
2035.’’. 
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112 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Policy Act of 2005 (Public Law 
109–58; 119 Stat. 594) is further amended by in-
serting after the item relating to section 959 the fol-
lowing: 
‘‘Sec. 959A. Advanced nuclear reactor research and development goals.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
951(b)(1) of the Energy Policy Act of 2005 (42 
U.S.C. 16271(b)(1)) is amended by striking ‘‘The 
term’’ and inserting ‘‘Except as provided in section 
959A, the term’’. 
(c) 
LONG-TERM
NUCLEAR
POWER
PURCHASE 
AGREEMENT PILOT PROGRAM.— 
(1) IN GENERAL.—Subtitle B of title VI of the 
Energy Policy Act of 2005 (Public Law 109–58) is 
amended by adding at the end the following: 
‘‘SEC. 
640. 
LONG-TERM 
NUCLEAR 
POWER 
PURCHASE 
AGREEMENT PILOT PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a pilot program for a long-term nuclear power pur-
chase agreement. 
‘‘(b) REQUIREMENTS.—In developing the pilot pro-
gram under this section, the Secretary shall— 
‘‘(1) consult and coordinate with the heads of 
other Federal departments and agencies that may 
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113 
benefit from purchasing nuclear power for a period 
of longer than 10 years, including— 
‘‘(A) the Secretary of Defense; and 
‘‘(B) the Secretary of Homeland Security; 
and 
‘‘(2) not later than December 31, 2023, enter 
into at least 1 agreement to purchase power from a 
commercial nuclear reactor that receives the first li-
cense for that reactor from the Nuclear Regulatory 
Commission after January 1, 2021. 
‘‘(c) FACTORS FOR CONSIDERATION.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary shall give special consideration to 
power purchase agreements for first-of-a-kind or 
early deployment nuclear technologies that can pro-
vide reliable and resilient power to high-value assets 
for national security purposes or other purposes as 
the Secretary determines to be in the national inter-
est, especially in remote off-grid scenarios or grid- 
connected scenarios that can provide capabilities 
commonly known as ‘islanding power capabilities’ 
during an emergency scenario. 
‘‘(2) EFFECT
ON
RATES.—An agreement to 
purchase power under this section may be at a rate 
that is higher than the average market rate, if the 
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114 
agreement fulfills an applicable consideration de-
scribed in paragraph (1).’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Policy Act of 2005 (Public Law 
109–58; 119 Stat. 594) is further amended by in-
serting after the item relating to section 639 the fol-
lowing: 
‘‘Sec. 640. Long-term nuclear power purchase agreement pilot program.’’. 
(d) NUCLEAR STRATEGIC PLAN.— 
(1) IN GENERAL.—Subtitle E of title IX of the 
Energy Policy Act of 2005 (42 U.S.C. 16271 et 
seq.) is further amended by adding at the end the 
following: 
‘‘SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of this section, the Secretary shall 
submit to the Committees on Energy and Commerce and 
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate a 10-year strategic plan for the 
Office of Nuclear Energy of the Department, in accord-
ance with this section. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) COMPONENTS.—The strategic plan under 
this section shall designate— 
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115 
‘‘(A) programs that support the planned 
accomplishment of— 
‘‘(i) the goals established under sec-
tion 959A; and 
‘‘(ii) 
the 
demonstration 
programs 
identified under subsection (c) of that sec-
tion; and 
‘‘(B) programs that— 
‘‘(i) do not support the planned ac-
complishment of demonstration programs, 
or the goals, referred to in subparagraph 
(A); but 
‘‘(ii) are important to the mission of 
the Office of Nuclear Energy, as deter-
mined by the Secretary. 
‘‘(2) PROGRAM PLANNING.—In developing the 
strategic plan under this section, the Secretary shall 
specify expected timelines for, as applicable— 
‘‘(A) the accomplishment of relevant objec-
tives under current programs of the Depart-
ment; or 
‘‘(B) the commencement of new programs 
to accomplish those objectives. 
‘‘(c) UPDATES.—Not less frequently than once every 
2 years, the Secretary shall submit to the Committees on 
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116 
Energy and Commerce and Science, Space, and Tech-
nology of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate an up-
dated strategic plan in accordance with subsection (b), 
which shall identify, and provide a justification for, any 
major deviation from a previous strategic plan submitted 
under this section.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Policy Act of 2005 (Public Law 
109–58; 119 Stat. 594) is further amended by in-
serting after the item relating to section 959A the 
following: 
‘‘Sec. 959B. Nuclear energy strategic plan.’’. 
SEC. 128. INNOVATION IN CARBON REMOVAL, UTILIZATION, 
AND STORAGE THROUGH RESEARCH, DEVEL-
OPMENT, AND DEMONSTRATION. 
(a) CARBON REMOVAL.— 
(1) IN GENERAL.—Subtitle F of title IX of the 
Energy Policy Act of 2005 (42 U.S.C. 16291 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 969. CARBON REMOVAL. 
‘‘(a) ESTABLISHMENT.—The Secretary, in coordina-
tion with the Secretary of Agriculture, and in consultation 
with the Secretary of the Interior and the Administrator 
of the Environmental Protection Agency, shall establish 
a research, development, and demonstration program (re-
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117 
ferred to in this section as the ‘program’) to test, validate, 
or improve technologies and strategies to remove carbon 
dioxide from the atmosphere on a large scale. 
‘‘(b) CROSS-CUTTING DIRECTION.—The Secretary 
shall ensure that the program— 
‘‘(1) is cross-cutting in nature; and 
‘‘(2) includes the coordinated participation of 
the Office of Fossil Energy, the Office of Science, 
and the Office of Energy Efficiency and Renewable 
Energy. 
‘‘(c) PROGRAM ACTIVITIES.—The program may in-
clude research, development, and demonstration activities 
relating to— 
‘‘(1) direct air capture and storage technologies; 
‘‘(2) bioenergy with carbon capture and seques-
tration; 
‘‘(3) enhanced geological weathering; 
‘‘(4) agricultural and grazing practices; 
‘‘(5) forest management and afforestation; 
‘‘(6) conservation and restoration of tidal 
marshes, mangroves, and seagrasses; and 
‘‘(7) planning and management of other types 
of natural and artificial carbon sinks. 
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‘‘(d) REQUIREMENTS.—In developing and identifying 
carbon removal technologies and strategies under the pro-
gram, the Secretary shall consider— 
‘‘(1) the potential for carbon removal or reduc-
tion on a gigaton scale; 
‘‘(2) the extent to which the carbon storage can 
be made permanent; 
‘‘(3) net greenhouse gas emissions; 
‘‘(4) ocean acidification; 
‘‘(5) land use changes, including impacts on 
natural and managed ecosystems; 
‘‘(6) other potential impacts to human health 
and safety and the environment; 
‘‘(7) commercial viability; 
‘‘(8) economic co-benefits; and 
‘‘(9) the impacts described in paragraphs (1) 
through (8) in both the near-term and the long- 
term.’’. 
(2) TECHNICAL
AMENDMENT.—The table of 
contents for the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 600) is amended by adding 
at the end of the items relating to subtitle F of title 
IX the following: 
‘‘Sec. 969. Carbon removal.’’. 
(b) FOSSIL ENERGY.—Section 961(a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16291(a)) is amended— 
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(1) in paragraph (6), by inserting ‘‘, including 
technology development to reduce emissions of car-
bon dioxide and associated emissions of heavy metals 
and other toxic substances within coal combustion 
residues and gas streams resulting from fossil fuel 
use and production’’ before the period at the end; 
and 
(2) by striking paragraph (7) and inserting the 
following: 
‘‘(7) Increasing the export of fossil energy-re-
lated equipment, technology, including carbon re-
moval and utilization technologies, and services from 
the United States. 
‘‘(8) Developing carbon removal and utilization 
technologies, products, and methods that result in 
net reductions in greenhouse gas emissions, includ-
ing direct air capture and storage, and carbon use 
and reuse for commercial application. 
‘‘(9) Improving the conversion, use, and storage 
of carbon dioxide produced from fossil fuels.’’. 
(c) CARBON REMOVAL TECHNOLOGY PRIZE COM-
PETITION.— 
(1) DEFINITIONS.—In this subsection: 
(A) DILUTE
MEDIA.—The term ‘‘dilute 
media’’ means media in which the concentration 
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of carbon dioxide is less than 1 percent by vol-
ume. 
(B) 
PRIZE
COMPETITION.—The 
term 
‘‘prize competition’’ means the competitive tech-
nology prize competition established under 
paragraph (2). 
(C) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Energy. 
(2) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary, in consultation with the Administrator of the 
Environmental Protection Agency, shall establish a 
competitive technology prize competition to award 
prizes for carbon dioxide capture from dilute media. 
(3) REQUIREMENTS.—In carrying out this sub-
section, the Secretary, in accordance with section 24 
of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3719), shall develop require-
ments for— 
(A) the prize competition process; and 
(B) monitoring and verification procedures 
for projects selected to receive a prize under the 
prize competition. 
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(4) ELIGIBLE PROJECTS.—To be eligible for a 
prize awarded through the prize competition, a 
project shall— 
(A) meet minimum performance standards 
set by the Secretary; 
(B) meet minimum levels set by the Sec-
retary for the capture of carbon dioxide from 
dilute media; and 
(C) demonstrate in the application of the 
project for a prize— 
(i) a design for a promising carbon 
capture technology that will— 
(I) be operated on a demonstra-
tion scale; and 
(II) have the potential to achieve 
significant reduction in the concentra-
tion of carbon dioxide in the atmos-
phere; 
(ii) a successful bench-scale dem-
onstration of a carbon capture technology; 
or 
(iii) an operational carbon capture 
technology on a commercial scale. 
(d) CARBON UTILIZATION.— 
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(1) IN GENERAL.—Subtitle F of title IX of the 
Energy Policy Act of 2005 (42 U.S.C. 16291 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 969A. CARBON UTILIZATION PROGRAM. 
‘‘The Secretary shall establish a program of research, 
development, and demonstration for carbon utilization— 
‘‘(1) to assess and monitor— 
‘‘(A) potential changes in lifecycle carbon 
dioxide and other greenhouse gas emissions; 
and 
‘‘(B) other environmental safety indicators 
of new technologies, practices, processes, or 
methods used in enhanced hydrocarbon recovery 
as part of the activities authorized under sec-
tion 963; 
‘‘(2) to identify and assess novel uses for car-
bon, including the conversion of carbon oxides for 
commercial and industrial products, such as— 
‘‘(A) chemicals; 
‘‘(B) plastics; 
‘‘(C) building materials; 
‘‘(D) fuels; 
‘‘(E) cement; 
‘‘(F) products of coal use in power systems 
or other applications; or 
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‘‘(G) other products with demonstrated 
market value; 
‘‘(3) to identify and assess carbon capture tech-
nologies for industrial systems; and 
‘‘(4) to identify and assess alternative uses for 
coal that do not result in the release of carbon diox-
ide into the atmosphere, including as inputs for 
products derived from carbon engineering, carbon 
fiber, and coal conversion methods.’’. 
(2) TECHNICAL
AMENDMENT.—The table of 
contents for the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 600) is amended by adding 
at the end of the items relating to subtitle F of title 
IX the following: 
‘‘Sec. 969A. Carbon utilization program.’’. 
(e) DEMONSTRATING CARBON CAPTURE
AND SE-
QUESTRATION TECHNOLOGIES
FOR ELECTRIC GENER-
ATING FACILITIES.— 
(1) IN GENERAL.—Subtitle F of title IX of the 
Energy Policy Act of 2005 (42 U.S.C. 16291 et 
seq.) is amended by adding at the end the following 
new section: 
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‘‘SEC. 969B. DEMONSTRATING CARBON CAPTURE AND SE-
QUESTRATION TECHNOLOGIES FOR ELEC-
TRIC GENERATING FACILITIES. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
program for developing and demonstrating carbon capture 
and sequestration technologies for reducing the carbon di-
oxide emissions from new and existing facilities that burn 
coal or natural gas to generate electricity. The primary 
objective of this demonstration program shall be to deploy 
large scale pilot projects and demonstration projects that 
will accelerate the development, deployment, and commer-
cialization of advanced new technologies for the capture 
and sequestration of carbon dioxide emissions from coal 
fired and natural gas-fired electric generating facilities. 
‘‘(b) DEPLOYMENT OF PILOT AND DEMONSTRATION 
PROJECTS.—The Secretary shall provide Federal financial 
assistance to eligible project developers to support the de-
ployment of the following: 
‘‘(1) PILOT
PROJECTS.—Large scale pilot 
projects that test the effectiveness and performance 
of carbon capture and sequestration technologies 
under representative operating conditions at coal- 
and natural gas-fired electric power systems with a 
generating capacity of up to 200 megawatts. 
‘‘(2) DEMONSTRATION PROJECTS.—Demonstra-
tion projects that deploy carbon capture and seques-
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125 
tration technologies that have completed pilot scale 
testing or the equivalent, as determined by the Sec-
retary, for demonstrating such technologies on coal 
and natural gas fired electric generating facilities 
that are greater than 200 megawatts. 
‘‘(c) PROJECT CRITERIA.—To be eligible to receive 
Federal financial assistance under this section, each large- 
scale pilot project and demonstration project shall meet 
specific criteria that the Secretary may establish by rule 
or guidance for— 
‘‘(1) evaluating the performance, reliability, ef-
ficiency, and cost competitiveness of the technology 
for reducing carbon dioxide emissions and limiting 
other environmental impacts from the coal fired or 
natural gas fired electric generating facilities; and 
‘‘(2) gaining the operating data needed to un-
derstand the technical and performance risks of the 
technology under a wide range of representative op-
erating conditions before the application of the tech-
nology at full commercial scale. 
‘‘(d) COST-SHARING.—Each project shall be fund-
ed— 
‘‘(1) through a cost-share arrangement that the 
Secretary may establish between the Department of 
Energy and the developer of the project, as author-
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ized under section 988(b) for large-scale pilot 
projects and section 988(c) for demonstration 
projects; or 
‘‘(2) under subtitle A of title I of the Clean En-
ergy Innovation and Deployment Act of 2020. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as are necessary for each of the fiscal years 
2021 through 2050.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Energy Policy Act of 2005 (Public Law 
109–58; 119 Stat. 600) is amended by adding at the 
end of the items relating to subtitle F of title IX the 
following: 
‘‘Sec. 969B. Demonstrating carbon capture and sequestration technologies for 
electric generating facilities.’’. 
SEC. 129. DEPLOYMENT OF ELECTRIC GRID MODERNIZA-
TION THROUGH GRANTS. 
(a) 
DEPLOYMENT
OF
GRID
MODERNIZATION 
PROJECTS THROUGH GRANTS.—The Secretary of Energy 
shall establish a program to provide financial assistance 
to eligible partnerships to carry out projects related to the 
modernization of the electric grid, including— 
(1) projects for the deployment of technologies 
to improve monitoring of, advanced controls for, and 
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127 
prediction of performance of, the electricity distribu-
tion system; and 
(2) projects related to transmission system 
interconnections, and other transmission system 
issues. 
(b) ELIGIBLE PROJECTS.—Projects for which an eli-
gible partnership may receive financial assistance under 
subsection (a) shall— 
(1) be designed to— 
(A) improve the siting, construction, resil-
iency, performance, or efficiency of the electric 
grid, while ensuring the continued provision of 
safe, secure, reliable, and affordable power; or 
(B) deploy a new product or technology 
that could be used by or for the benefit of cus-
tomers of an electric utility; and 
(2) demonstrate— 
(A) secure integration and management of 
energy resources, including through distributed 
energy generation, combined heat and power, 
microgrids, energy storage, electric vehicles, 
smart buildings, energy efficiency, or demand 
response; or 
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128 
(B) secure integration and interoperability 
of communications and information technologies 
related to the electric grid. 
(c) CYBERSECURITY PLAN.—Each project carried 
out with financial assistance provided under subsection (a) 
shall include the development of a cybersecurity plan writ-
ten in accordance with guidelines developed by the Sec-
retary of Energy. 
(d) PRIVACY EFFECTS ANALYSIS.—Each project car-
ried out with financial assistance provided under sub-
section (a) shall include a privacy effects analysis that 
evaluates the project in accordance with the Voluntary 
Code of Conduct of the Department of Energy, commonly 
known as the ‘‘DataGuard Energy Data Privacy Pro-
gram’’, or the most recent revisions to the privacy pro-
gram of the Department. 
(e) DEFINITIONS.—In this section: 
(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ means a partnership consisting of 
two or more entities, which— 
(A) may include— 
(i) any institution of higher education; 
(ii) a National Laboratory; 
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(iii) a State or a local government or 
other public body created by or pursuant 
to State law; 
(iv) an Indian Tribe; 
(v) a Federal power marketing admin-
istration; or 
(vi) a private entity that develops and 
provides grid modernization technology; 
and 
(B) shall include at least one of any of— 
(i) an electric utility; 
(ii) a Regional Transmission Organi-
zation; or 
(iii) an Independent System Operator. 
(2) ELECTRIC
UTILITY.—The term ‘‘electric 
utility’’ has the meaning given that term in section 
3(22) of the Federal Power Act (16 U.S.C. 
796(22)), except that such term does not include an 
entity described in subparagraph (B) of such sec-
tion. 
(3) FEDERAL POWER MARKETING ADMINISTRA-
TION.—The term ‘‘Federal power marketing admin-
istration’’ means the Bonneville Power Administra-
tion, the Southeastern Power Administration, the 
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Southwestern Power Administration, or the Western 
Area Power Administration. 
(4) INDEPENDENT
SYSTEM
OPERATOR; RE-
GIONAL TRANSMISSION ORGANIZATION.—The terms 
‘‘Independent System Operator’’ and ‘‘Regional 
Transmission Organization’’ have the meanings 
given those terms in section 3 of the Federal Power 
Act (16 U.S.C. 796). 
(5) 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)). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$200,000,000 for each of fiscal years 2021 through 2025, 
to remain available until expended. 
SEC. 130. PRIZE COMPETITION FOR ELECTRICITY-RELATED 
TECHNOLOGIES FOR REMOTE COMMUNITIES. 
(a) DEFINITIONS.—In this section: 
(1) PRIZE.—The term ‘‘prize’’ means a prize 
awarded under the prize competition. 
(2) PRIZE
COMPETITION.—The term ‘‘prize 
competition’’ means the competition established 
under subsection (b). 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this section, the Secretary, in 
consultation with the Secretary of Defense, shall establish 
a competition to award prizes for technologies that effi-
ciently generate or utilize electricity for use by homes, 
businesses, communities, or military installations that are 
in remote locations or are not connected to a regional or 
national electric grid. 
(c) REQUIREMENTS.—In carrying out this sub-
section, the Secretary, in accordance with section 24 of 
the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3719), shall develop requirements for— 
(1) the prize competition process; and 
(2) monitoring and verification procedures for 
projects selected to receive a prize. 
(d) ELIGIBLE TECHNOLOGIES.—The technologies eli-
gible to awarded a prize shall include— 
(1) technologies that generate electricity and 
can be used without connection to the electric grid; 
(2) technologies that store energy; and 
(3) appliances that are highly-efficient in their 
use of electricity, including— 
(A) lights; 
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(B) mobile telephone chargers; 
(C) computers; 
(D) fans; 
(E) refrigerators; and 
(F) stoves and ovens. 
(e) CRITERIA.—The Secretary shall only award a 
prize to a technology determined by the Secretary to— 
(1) function properly; 
(2) generate no net emissions, or a minimal 
amount of net emissions, of greenhouse gases 
throughout its life cycle; 
(3) be affordable, reliable, durable, safe, and 
protective of human health and the environment; 
(4) be compatible with other technologies rel-
evant to its functioning, including those which have 
been or are being awarded prizes under this section; 
and 
(5) be available for deployment at commercial- 
scale in every State, district, commonwealth, terri-
tory, and possession of the United States. 
(f) MARKETING.—Entities that have been awarded a 
prize may publish this fact in marketing the technology 
that has been awarded the prize. 
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(g) ANNUAL COMPETITION.—The Secretary shall 
award 1 or more prizes within 2 years of the date of enact-
ment of this section and every year thereafter. 
SEC. 131. REPORT TO CONGRESS. 
(a) DEFINITION.—In this section, the term ‘‘critical 
technologies’’ means the technologies identified in sections 
111 through 128 of subtitles B and C of this title, includ-
ing technologies related to— 
(1) electric vehicles; 
(2) energy efficient buildings; 
(3) solar and wind energy; 
(4) energy storage; 
(5) nuclear power; 
(6) carbon removal, utilization, and storage; 
(7) electric grid modernization; and 
(8) any other technologies whose deployment 
the Secretary may advance through the implementa-
tion of this title and the amendments made by this 
title. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and every 5 years thereafter, 
the Secretary of Energy, in consultation with, as appro-
priate, the heads of other relevant Federal agencies, State 
agencies, and relevant stakeholders, shall prepare, submit 
to Congress, and make publicly available a report that— 
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(1) identifies the major risks and benefits asso-
ciated with the deployment of critical technologies; 
(2) recommends measures for managing the 
risks identified in paragraph (1); 
(3) analyzes barriers to deployment of critical 
technologies, including— 
(A) the state of existing research, develop-
ment, demonstration, and deployment; 
(B) a detailed identification of the foresee-
able technical milestones of the research, devel-
opment, demonstration, and deployment de-
scribed in paragraph (A); 
(C) the projected likelihood of viability at 
commercial scale; 
(D) access to capital; 
(E) adverse environmental impacts; 
(F) materials challenges relating to ex-
treme environments, including— 
(i) temperature; 
(ii) pressure; 
(iii) corrosion; 
(iv) seasonality; and 
(v) weather events; 
(G) geographic barriers; and 
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135 
(H) economic and other challenges par-
ticular to different regions of the United States; 
(4) estimates the amount and form of any fi-
nancial assistance, compensation, or incentives need-
ed for wide-scale deployment of critical technologies; 
(5) recommends additional nonregulatory strat-
egies that could increase the deployment of critical 
technologies; 
(6) identifies appropriate Federal agencies with 
capabilities to support State and local efforts to-
wards deployment of the critical technologies; 
(7) identifies all Federal financial assistance 
programs relevant to the deployment of the critical 
technologies and analyzes the extent to which such 
programs overlap or are duplicative; and 
(8) evaluates the current architecture of re-
gional electric grids (including international trans-
mission connections of such grids) that together 
comprise the Nation’s electric grid, with respect to— 
(A) potential growth in renewable energy 
generation, including energy generation from 
offshore wind; 
(B) potential growth in electricity demand; 
(C) retirement of existing electricity gen-
eration assets; and 
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(D) the range of benefits that interregional 
transmission provides. 
Subtitle D—Davis-Bacon 
Compliance 
SEC. 141. DAVIS-BACON COMPLIANCE. 
(a) IN GENERAL.—All laborers and mechanics em-
ployed on projects funded directly, or assisted in whole or 
in part, by this Act shall be paid wages at rates not less 
than those prevailing on projects of a character similar 
in the locality as determined by the Secretary of Labor 
in accordance with subchapter IV of chapter 31 of part 
A of subtitle II of title 40, United States Code (commonly 
referred to as the ‘‘Davis-Bacon Act’’). 
(b) AUTHORITY.—With respect to the labor stand-
ards specified in this section, the Secretary of Labor shall 
have the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and section 3145 of title 40, United States Code. 
TITLE II—ZERO-EMISSION 
ELECTRICITY STANDARD 
SEC. 200. PURPOSE. 
The purpose of this title is to accelerate the deploy-
ment of zero-emission electricity technology sufficient to 
allow the United States to achieve an affordable, reliable, 
net-zero-emission electricity sector by no later than 2050. 
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Subtitle A—Zero-Emission 
Electricity Standard 
SEC. 201. DEFINITIONS. 
In this subtitle: 
(1) AFFILIATE.—The term ‘‘affiliate’’ has the 
meaning given such term in section 1262 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16451). 
(2) ASSOCIATE COMPANY.—The term ‘‘associate 
company’’ has the meaning given such term in sec-
tion 1262 of the Energy Policy Act of 2005 (42 
U.S.C. 16451). 
(3) BEHIND-THE-METER
GENERATION
SYS-
TEM.—The term ‘‘behind-the-meter generation sys-
tem’’ means a system of generation of electric en-
ergy that operates on the electric consumer side of 
the applicable utility meter. 
(4) BENEFICIAL
ELECTRIFICATION-RELATED 
REDUCTION.—The term ‘‘beneficial electrification-re-
lated reduction’’ means the net reduction of the ag-
gregate greenhouse gas emissions of a retail elec-
tricity supplier and an electric consumer as the re-
sult of the replacement of a power source of the elec-
tric consumer that is not electric energy with electric 
energy provided by the retail electricity supplier, in-
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cluding for the purpose of transportation, space 
heating, water heating, or industrial processes. 
(5) CARBON DIOXIDE EQUIVALENT.—The term 
‘‘carbon dioxide equivalent’’ means the number of 
metric tons of carbon dioxide emissions with the 
same global warming potential over a 20-year period 
as 1 metric ton of another greenhouse gas, including 
the effects of climate-carbon feedbacks for both car-
bon dioxide and the other greenhouse gas, as deter-
mined in accordance with the Fifth Assessment Re-
port of the Intergovernmental Panel on Climate 
Change. For methane, the global warming potential 
shall include the effect of carbon dioxide from meth-
ane oxidation in the atmosphere. 
(6) CARBON INTENSITY.—The term ‘‘carbon in-
tensity’’ means the carbon dioxide equivalent emis-
sions associated with the generation of 1 megawatt- 
hour of electric energy, as determined by the Sec-
retary under section 204. 
(7) ELECTRIC CONSUMER.—The term ‘‘electric 
consumer’’ has the meaning given such term in sec-
tion 3 of the Public Utility Regulatory Policies Act 
of 1978 (16 U.S.C. 2602). 
(8) FEDERAL POWER MARKETING ADMINISTRA-
TION.—The term ‘‘Federal Power Marketing Admin-
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istration’’ means the Bonneville Power Administra-
tion, the Southeastern Power Administration, the 
Southwestern Power Administration, or the Western 
Area Power Administration. 
(9) GENERATING UNIT.—The term ‘‘generating 
unit’’ means a unit or system of units that— 
(A) generates electric energy that is con-
sumed in the United States; 
(B) generates not fewer than 20 megawatt- 
hours of electric energy per calendar year; and 
(C)(i) delivers electric energy to the elec-
tric grid; or 
(ii) in the case of a behind-the-meter gen-
eration system— 
(I) delivers electric energy to the elec-
tric grid; or 
(II) generates electric energy that is 
consumed onsite for a useful purpose other 
than for generating electric energy. 
(10) 
GENERATOR.—The 
term 
‘‘generator’’ 
means the owner or operator of a generating unit. 
(11) GREENHOUSE
GAS.—The term ‘‘green-
house gas’’ includes each of the following: 
(A) Carbon dioxide. 
(B) Methane. 
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(C) Nitrous oxide. 
(D) Sulfur hexafluoride. 
(E) Any hydrofluorocarbon. 
(F) Any perfluorocarbon. 
(G) Nitrogen trifluoride. 
(H) Any fully fluorinated linear, branched, 
or cyclic— 
(i) alkane; 
(ii) ether; 
(iii) tertiary amine; or 
(iv) aminoether. 
(I) Any perfluoropolyether. 
(J) Any hydrofluoropolyether. 
(K) Any other fluorocarbon, except for a 
fluorocarbon with a vapor pressure of less than 
1 mm of Hg absolute at 25 degrees Celsius. 
(12) QUALIFIED COMBINED HEAT AND POWER 
SYSTEM.—The term ‘‘qualified combined heat and 
power system’’ means a system that— 
(A) uses the same energy source for the si-
multaneous or sequential generation of electric 
energy and thermal energy; 
(B) produces at least— 
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(i) 20 percent of the useful energy of 
the system in the form of electric energy; 
and 
(ii) 20 percent of the useful energy of 
the system in the form of useful thermal 
energy; 
(C) to the extent that the system uses bio-
mass, uses only qualified renewable biomass; 
and 
(D) operates with an energy efficiency per-
centage, as determined in accordance with sec-
tion 48(c)(3)(C)(i) of the Internal Revenue 
Code of 1986, of greater than 60 percent on a 
year-round basis. 
(13) QUALIFIED ELECTRICITY GENERATION.— 
(A) IN
GENERAL.—The term ‘‘qualified 
electricity generation’’ means the number of 
megawatt-hours of electric energy that a gener-
ator generates using a generating unit and— 
(i) sells directly or indirectly for use 
by electric consumers for purposes other 
than resale; or 
(ii) that is consumed onsite for a use-
ful purpose other than for generating elec-
tric energy. 
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(B) AFFILIATE SALES.—For purposes of 
calculating the quantity of electric energy sold 
by a retail electricity supplier under this para-
graph, the quantity of electric energy sold— 
(i) by an affiliate of the retail elec-
tricity supplier, or an associate company of 
the retail electricity supplier, to an electric 
consumer (other than to a lessee or tenant 
of the affiliate or associate company) shall 
be treated as sold by the retail electricity 
supplier; and 
(ii) by such retail electricity supplier 
to an affiliate, lessee, or tenant of the re-
tail electricity supplier shall not be consid-
ered to be a sale to an electric consumer. 
(14) QUALIFIED LOW-CARBON FUEL.— 
(A) IN
GENERAL.—The term ‘‘qualified 
low-carbon fuel’’ means a fuel that— 
(i) is produced through any process 
that significantly limits or avoids green-
house gas emissions; and 
(ii) does not release greenhouse gas 
emissions during combustion. 
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(B) INCLUSION.—The term ‘‘qualified low- 
carbon fuel’’ includes, subject to subparagraph 
(A)— 
(i) ammonia; and 
(ii) hydrogen. 
(15) QUALIFIED RENEWABLE BIOMASS.— 
(A) IN GENERAL.—The term ‘‘qualified re-
newable biomass’’ means— 
(i) any crop byproduct, or crop res-
idue, harvested from actively managed, or 
fallow, agricultural land that was cleared 
before January 1, 2020, if the harvesting 
of the byproduct or residue does not lead 
to a net decline in soil organic matter for 
the applicable land; 
(ii) any cellulose, hemicellulose, or 
lignin that is derived from a plant that is 
planted for the purpose of being used to 
produce energy on land that was, as of 
January 1, 2020— 
(I) cropland, including fallow 
land or other land with a cropping 
history; 
(II) a brownfield site (as defined 
in section 101(39) of the Comprehen-
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144 
sive Environmental Response, Com-
pensation, and Liability Act of 1980 
(42 U.S.C. 9601(39))); or 
(III) an abandoned mine site; 
(iii) nonhazardous algal or other 
micro-crop matter; and 
(iv) waste— 
(I) that is burned in a qualified 
combined heat and power system; and 
(II) that is— 
(aa) methane captured from 
a landfill, an animal production 
facility, or a sewage treatment 
operation; 
(bb) 
nonhazardous 
land-
scape or right-of-way trimmings; 
(cc) vegetative matter re-
moved from an area located not 
more than 200 yards from a 
building, residence, or camp-
ground for the purpose of pro-
tecting structures from wildfire; 
(dd) any byproduct of a 
wood mill or paper mill oper-
ation, including lignin in spent 
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145 
pulping liquors, that is dem-
onstrated to otherwise be burned 
for energy onsite; 
(ee) plant material removed 
for the purposes of invasive or 
noxious plant species control; or 
(ff) downed wood from ex-
treme weather events. 
(B) LIMIT
OF
INCLUSION
OF
INVASIVE 
SPECIES.—Except as provided in subparagraph 
(A)(iv)(II)(ee), the term ‘‘qualified renewable 
biomass’’ does not include any matter that the 
Secretary of Agriculture, in consultation with 
other Federal or State departments and agen-
cies the Secretary determines appropriate, de-
termines is derived from— 
(i) a plant that is invasive or noxious; 
or 
(ii) a species or varieties of plants 
that are potentially invasive. 
(16) 
QUALIFIED
WASTE-TO-ENERGY.—The 
term ‘‘qualified waste-to-energy’’ means electric en-
ergy generated— 
(A) from the combustion of— 
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(i) post-recycled municipal solid waste, 
provided such combustion does not result 
in emissions of— 
(I) an air pollutant for which air 
quality criteria has been issued under 
section 108 of the Clean Air Act; or 
(II) a hazardous air pollutant 
listed pursuant to section 112(b) of 
the Clean Air Act; 
(ii) gas produced from the gasification 
or pyrolization of post-recycled municipal 
solid waste; 
(iii) biogas; 
(iv) landfill methane; 
(v) animal waste or animal byprod-
ucts; 
(vi) food waste; 
(vii) if diverted from or separated 
from other waste out of a municipal waste 
stream— 
(I) paper products that are not 
commonly recyclable; 
(II) vegetation; 
(III) tree trimmings; 
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(IV) solid-wood yard waste, pal-
lets, or crates; or 
(V) manufacturing and construc-
tion debris; or 
(viii) any byproduct of a wood or 
paper mill operation, including lignin in 
spent pulping liquors; and 
(B) at a facility that the Secretary has cer-
tified, within the past 3 years, is in compliance 
with all applicable Federal and State environ-
mental permits. 
(17) RETAIL
ELECTRICITY
SUPPLIER.—The 
term ‘‘retail electricity supplier’’, as determined for 
each calendar year, means an entity in the United 
States that sold not fewer than 20 megawatt-hours 
of electric energy to electric consumers for purposes 
other than resale during the preceding calendar 
year. 
(18) SALE.—The term ‘‘sale’’, when used with 
respect to electric energy, has the meaning given 
such term in section 3(13) of the Public Utility Reg-
ulatory Policies Act of 1978 (16 U.S.C. 2602(13)). 
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
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(20) STATE.—Except as otherwise provided in 
this title, the term ‘‘State’’ means a State of the 
United States and any district, commonwealth, terri-
tory, or possession of the United States. 
(21) ZERO-EMISSION ELECTRICITY.—The term 
‘‘zero-emission electricity’’ means the fraction of the 
electric energy generated by a given generating unit 
whose generation is not associated with the release 
of greenhouse gases to the atmosphere. The number 
of megawatt-hours of zero-emission electricity of a 
given generating unit is equal to the product ob-
tained by multiplying— 
(A) the qualified electricity generation of 
the generating unit; by 
(B) the extent to which the operation of 
the generating unit results in fewer greenhouse 
gas emissions than an efficient coal-burning 
power plant, which is the number that equals— 
(i) 1.0; less 
(ii) the quotient obtained by divid-
ing— 
(I) the carbon intensity of the 
generating unit; by 
(II) the carbon intensity of an ef-
ficient 
coal-burning 
power 
plant 
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(which is 0.82 metric tons of carbon 
dioxide per megawatt-hour). 
(22) ZERO-EMISSION
ELECTRICITY
CREDIT.— 
The term ‘‘zero-emission electricity credit’’ means a 
credit issued pursuant to section 204. 
SEC. 202. ZERO-EMISSION ELECTRICITY REQUIREMENT. 
(a) ZERO-EMISSION ELECTRICITY REQUIREMENT.— 
(1) CREDIT SUBMISSION REQUIREMENT.—Ex-
cept as otherwise provided in this section, effective 
beginning with calendar year 2022, for each cal-
endar year, not later than June 1 of the following 
calendar year, each retail electricity supplier shall 
submit to the Secretary a quantity of zero-emission 
electricity credits that is equal to— 
(A) for each of calendar years 2022 and 
2023, the quantity of zero-emission electricity 
credits determined under paragraph (3) for the 
retail electricity supplier for such calendar year; 
and 
(B) for calendar year 2024 and each cal-
endar year thereafter, the average of the quan-
tity of zero-emission electricity credits deter-
mined under paragraph (3) for the retail elec-
tricity supplier for such calendar year and the 
two prior calendar years. 
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(2) VOLUNTARY ASSIGNMENT OF COMPLIANCE 
OBLIGATION
BY
PUBLIC
POWER
UTILITIES
AND 
ELECTRIC
COOPERATIVES.—Any retail electricity 
supplier that is an electric cooperative, a State, or 
any political subdivision of a State, may elect to 
enter into an agreement with another political sub-
division of a State, an electric cooperative that has 
an obligation to serve such retail electricity supplier, 
or a generator to assign any reporting or compliance 
obligation under this title to such other political sub-
division of a State, electric cooperative, or generator. 
An assignment made under this paragraph shall be 
established through a binding agreement executed 
among the relevant parties. 
(3) QUANTITY OF ZERO-EMISSION ELECTRICITY 
CREDITS.— 
(A) IN GENERAL.—For each calendar year, 
the Secretary shall determine a quantity of 
zero-emission electricity credits for a retail elec-
tricity supplier that is equal to the product ob-
tained by multiplying— 
(i) the total quantity of electric en-
ergy, in megawatt-hours, consumed by 
electric consumers of the retail electricity 
supplier during the calendar year, that is 
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151 
provided by the retail electricity supplier or 
by a behind-the-meter generation system, 
as reported under subsection (b); by 
(ii) the minimum percentage of zero- 
emission electricity for the calendar year. 
(B) DEDUCTION FOR BENEFICIAL ELEC-
TRIFICATION.— 
(i) REDUCTION.—In calculating the 
total quantity of electric energy consumed 
by electric consumers of a retail electricity 
supplier under subparagraph (A)(i), the 
Secretary shall deduct a quantity, in mega-
watt-hours, determined in accordance with 
clause (ii) to account for beneficial elec-
trification-related reductions. 
(ii) DETERMINATION.—The Secretary 
shall make a determination of the quantity 
of electric energy, in megawatt-hours, asso-
ciated with beneficial electrification-related 
reductions for a retail electricity supplier 
for a calendar year. Such determination 
shall be made on the basis of— 
(I) the carbon intensity of the 
electric energy sold by the retail elec-
tricity supplier that results in such 
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beneficial electrification-related reduc-
tions; and 
(II) the greenhouse gas emissions 
of power sources that are not electric 
energy that were replaced with electric 
energy provided by the retail elec-
tricity supplier which results in such 
beneficial electrification-related reduc-
tions. 
(C) SYSTEM
SUPPORT
RESOURCE.—For 
any calendar year in which a generating unit 
that is owned by a retail electricity supplier has 
been designated a System Support Resource by 
the Federal Energy Regulatory Commission 
and is thereby required, by an Independent Sys-
tem Operator or Regional Transmission Organi-
zation, or under a State-regulated resource 
planning process, to remain in operation be-
cause retirement of the generating unit would 
harm the reliability of the electric energy trans-
mission system, in calculating the total quantity 
of electric energy consumed by electric con-
sumers of the retail electricity supplier under 
subparagraph (A)(i), the Secretary shall deduct 
the quantity of megawatt-hours of electricity 
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160 
this subsection, the petitioner shall not be required 
to submit for such calendar year more than the 
number of zero-emission electricity credits equal to 
the number of megawatt-hours determined under 
paragraph (2)(C). 
(4) CARBON
MITIGATION
AWARDS.—For the 
calendar year identified under paragraph (3), if the 
Secretary makes one or more determinations of in-
adequate availability of technology under this sub-
section, the Secretary shall award under section 
205(b) an amount of money equal to the sum of— 
(A) the total amount paid by retail elec-
tricity suppliers as alternative compliance pay-
ments; and 
(B) the total amount of the alternative 
compliance payments that would have been 
made by the petitioner or petitioners but for the 
determination of inadequate availability of tech-
nology made under paragraph (2). 
(e) EXEMPTIONS.—(1) A qualified zero-emission elec-
tricity taxpayer that receives a zero-emission electricity ac-
celeration investment credit for a calendar year under sec-
tion 45U of the Internal Revenue Code of 1986, as added 
by section 301 of this Act, shall not be subject to the re-
quirements to submit zero-emission electricity credits 
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