II Calendar No. 386 116th CONGRESS 1st Session S. 2399 IN THE SENATE OF THE UNITED STATES July 31, 2019 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources December 18, 2019 Reported by Ms. Murkowski , with amendments Omit the part struck through and insert the part printed in italic A BILL To amend the Energy Policy Act of 2005 to improve State loan eligibility for projects for innovative technologies.

1. State loan eligibility (a) Definitions Section 1701 of the Energy Policy Act of 2005 ( 42 U.S.C. 16511 ) is amended by adding at the end the following: (6) State The term State has the meaning given the term in section 202 of the Energy Conservation and Production Act ( 42 U.S.C. 6802 ). (7) State energy financing institution (A) In general The term State energy financing institution means a quasi-independent entity or an entity within a State agency or financing authority established by a State— (i) to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and (ii) to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects. (B) Inclusion The term State energy financing institution includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation. . (b) Terms and conditions Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended— (1) in subsection (a), by inserting , including projects receiving financial support or credit enhancements from a State energy financing institution, after for projects ; (2) in subsection (d)(1), by inserting , including a guarantee for a project receiving financial support or credit enhancements from a State energy financing institution, after No guarantee ; and (3) by adding at the end the following: (1) in subsection (a), by inserting or to a State energy financing institution after for projects ; and (2) by adding at the end the following: (l) State energy financing institutions (1) Eligibility To be eligible for a guarantee under this title, a State energy financing institution— (l) State energy financing institutions (1) Eligibility To be eligible for a guarantee under this title, a project receiving financial support or credit enhancements from a State energy financing institution— (A) shall meet the requirements of section 1703(a)(1); and (B) shall not be required to meet the requirements of section 1703(a)(2). (2) Partnerships authorized In carrying out a project receiving a loan guarantee under this title, State energy financing institutions may enter into partnerships with private entities, Tribal entities, and Alaska Native corporations. (3) Prohibition on use of appropriated funds Amounts appropriated to the Department of Energy before the date of enactment of this subsection shall not be available to be used for the cost of loan guarantees made to State energy financing institutions under this subsection. .

December 18, 2019 Reported with amendments