,,ii #aaeth ,,congress #ast ,session ,s4 #ihg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjag ,mr4 ,merkley 7for himself1 ,mr4 ,sanders1 ,mr4 ,markey1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to transition away from fossil fuel sources of energy to #ajj percent clean and renewable energy by #bjej1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the #ajj by '#ej ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings2 purposes2 statement of policy4 ,sec4 #c4 ,definitions4 ,,title ,i--,clean and renewable energy for all ,sec4 #aja4 ,making public transportation affordable and accessible4 ,sec4 #ajb4 ,making solar energy affordable and accessible to low-income and disadvantaged families4 ,sec4 #ajc4 ,making energy efficiency retrofits affordable and accessible to low-income and disadvantaged families4 ,sec4 #ajd4 ,making electricity affordable for low income and disadvantaged families4 ,sec4 #aje4 ,increasing sustainable community development capacity4 ,sec4 #ajf4 ,training workers for jobs in clean energy4 ,sec4 #ajg4 ,requirements for apprenticeship programs and employment of targeted workers4 ,,title ,,ii--,just transition for workers ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions4 ,subtitle ,a--,adjustment assistance program ,part ,i--,group certification ,sec4 #baa4 ,petitions4 ,sec4 #bab4 ,group eligibility requirements4 ,sec4 #bac4 ,determinations and certifications4 ,sec4 #bad4 ,subpoena power4 ,sec4 #bae4 ,judicial review4 ,part ,,ii--,individual applications2 termination of assistance ,sec4 #bba4 ,adjustment assistance4 ,sec4 #bbb4 ,termination of adjustment assistance4 ,part ,,iii--,federally funded unemployment compensation ,sec4 #bca4 ,temporary additional unemployment compensation program for certain adversely affected workers4 ,sec4 #bcb4 ,permanent ,state requirement for the provision of additional unemployment compensation for certain adversely affected workers4 ,part ,,iv--,other benefits and services ,sec4 #bda4 ,eligibility for premium subsidy credit and cost sharing benefits for health insurance4 ,sec4 #bdb4 ,training and support for employment4 ,sec4 #bdc4 ,additional pensions benefits4 ,part ,v--,funding ,sec4 #bea4 ,establishment of ,clean ,energy ,workers ,trust ,fund4 ,sec4 #beb4 ,modifications to rules relating to inverted corporations4 ,part ,,vi--,miscellaneous provisions ,sec4 #bfa4 ,credit for hiring unemployed certified adversely affected workers4 ,sec4 #bfb4 ,enforcement4 ,sec4 #bfc4 ,benefit information to workers4 ,sec4 #bfd4 ,amendment to ,surface ,mining ,control and ,reclamation ,act of #aigg4 ,sec4 #bfe4 ,regulations4 ,subtitle ,b--,workplace ,democracy ,act ,sec4 #bga4 ,short title4 ,sec4 #bgb4 ,streamlining certification for labor organizations4 ,sec4 #bgc4 ,facilitating initial collective bargaining agreements4 ,subtitle ,c--,community need-,based economic transition assistance program ,sec4 #bha4 ,community need-based economic transition assistance program4 ,sec4 #bhb4 ,economic development grant programs4 ,sec4 #bhc4 ,need-based water1 broadband1 and electric grid infrastructure investment program4 ,,title ,,iii--,greening the grid ,subtitle ,a--,fossil fuel phaseout ,sec4 #cja4 ,fossil fuel phaseout4 ,subtitle ,b--,enhancing grid reliability ,sec4 #caa4 ,enhancing grid reliability4 ,subtitle ,c--,making clean and renewable energy affordable ,part ,i--,reducing carbon pollution and creating jobs by transitioning to sustainable energy sources ,sec4 #cba4 ,extension and modification of credits with respect to facilities producing energy from certain renewable resources4 ,sec4 #cbb4 ,extension and modification of energy credit4 ,sec4 #cbc4 ,permanent extension of qualifying advanced energy project credit4 ,sec4 #cbd4 ,promoting access to renewable energy and energy efficiency for tax-exempt organizations4 ,part ,,ii--,saving consumers and businesses money by promoting energy efficiency ,sec4 #cbf4 ,permanent extension of energy efficient commercial buildings deduction4 ,sec4 #cbg4 ,permanent extension of new energy efficient home credit4 ,sec4 #cbh4 ,permanent extension and refundability of credit for nonbusiness energy property4 ,sec4 #cbi4 ,permanent extension1 modification1 and refundability of credit for residential energy efficient property4 ,,title ,,iv--,electrifying the energy economy ,subtitle ,a--,general provisions ,sec4 #dja4 ,national zero-emission vehicle standard4 ,sec4 #djb4 ,carbon fee for aviation1 maritime transportation1 and rail4 ,sec4 #djc4 ,accelerating the deployment of zero-emission vehicles in communities4 ,sec4 #djd4 ,accelerating the deployment of zero-emission vehicle fleets4 ,sec4 #dje4 ,decarbonizing ,america's highways4 ,sec4 #djf4 ,accelerating the deployment of zero-emission aviation1 rail1 and maritime transportation4 ,sec4 #djg4 ,accelerating the deployment of zero-emission residential and commercial heating4 ,subtitle ,b--,helping ,americans move beyond oil ,sec4 #daa4 ,permanent extension1 increase1 and refundability of credit for qualified new plug in electric drive motor vehicles4 ,sec4 #dab4 ,permanent extension of credit for hybrid medium- and heavy-duty trucks4 ,sec4 #dac4 ,extension of second generation biofuel producer credit4 ,sec4 #dad4 ,extension of special allowance for second generation biofuel plant property4 ,sec4 #dae4 ,extension and modification of the alternative fuel vehicle refueling property credit4 ,,title ,v--,ending new fossil fuel investments ,subtitle ,a--,ending new fossil fuel investments ,sec4 #eja4 ,moratorium on new major fossil fuel projects4 ,sec4 #ejb4 ,ending fossil fuel subsidies4 ,subtitle ,b--,ending fossil fuel subsidies ,sec4 #eaa4 ,termination of various tax expenditures relating to fossil fuels4 ,sec4 #eab4 ,uniform #g-year amortization for geological and geophysical expenditures4 ,sec4 #eac4 ,natural gas gathering lines treated as #ae-year property4 ,sec4 #ead4 ,repeal of domestic manufacturing deduction for hard mineral mining4 ,sec4 #eae4 ,limitation on deduction for income attributable to domestic production of oil1 natural gas1 or primary products thereof4 ,sec4 #eaf4 ,termination of last-in1 first-out method of inventory for oil1 natural gas1 and coal companies4 ,sec4 #eag4 ,repeal of percentage depletion for coal and hard mineral fossil fuels4 ,sec4 #eah4 ,termination of capital gains treatment for royalties from coal4 ,sec4 #eai4 ,modifications of foreign tax credit rules applicable to oil1 natural gas1 and coal companies which are dual capacity taxpayers4 ,sec4 #ebj4 ,increase in ,oil ,spill ,liability ,trust ,fund financing rate4 ,sec4 #eba4 ,application of certain environmental taxes to synthetic crude oil4 ,sec4 #ebb4 ,denial of deduction for removal costs and damages for certain oil spills4 ,sec4 #ebc4 ,tax on crude oil and natural gas produced from the outer ,continental ,shelf in the ,gulf of ,mexico4 ,sec4 #ebd4 ,repeal of corporate income tax exemption for publicly traded partnerships with qualifying income and gains from activities relating to fossil fuels4 ,,title ,,vi--,maintaining ,american competitiveness ,sec4 #fja4 ,purposes2 definitions4 ,sec4 #fjb4 ,leveling playing field for domestic manufacturers4 ,sec4 #fjc4 ,making ,american manufacturing energy efficient4 ,,title ,,vii--,mobilizing ,american resources ,sec4 #gja4 ,national ,climate ,change ,council4 ,sec4 #gjb4 ,climate ,fund2 climate bonds4 ,sec4 #gjc4 ,accelerating #ajj percent locally4 ,sec4 #gjd4 ,climate justice resiliency4 ,,title ,,viii--,miscellaneous ,sec4 #hja4 ,tax amendments review4 #b4 ,findings2 purposes2 statement of policy 7a7 ,findings ,congress finds that-- 7#a7 from #ahhj through #bjae1 global temperatures have increased by about #a4jf degrees ,celsius2 7#b7 the vast majority of global warming that has occurred over the #ej-year period ending on the date of enactment of this ,act was due to human activities1 primarily the burning of fossil fuels2 7#c7 emissions of greenhouse gases and atmospheric concentrations of greenhouse gases continue to rise1 which results in a continued warming trend2 7#d7 global warming already has a significant impact on the economy1 including the farming1 fishing1 forestry1 and recreation industries2 7#e7 the significant impacts of global warming that are already occurring will be amplified by a global temperature increases1 resulting in increased droughts1 rising seas1 mass extinctions1 heat waves1 desertification1 wildfires1 acidifying oceans1 significant economic disruption1 and security threats2 7#f7 low-income communities1 communities of color1 indigenous communities and other environmental justice communities in the ,united ,states are inordinately exposed to pollution from fossil fuels1 and climate impacts will be disproportionately felt by those communities2 7#g7 the world is facing a climate emergency2 7#h7 people in ,states and local communities across the ,united ,states are engaging in and winning the fight to mobilize to solve the climate crisis2 and 7#i7 the ,federal ,government has thus far failed to adequately address the climate crisis4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to reduce1 in conjunction with other laws and policies1 emissions of carbon pollution to ensure that the contribution of the ,united ,states to global climate change is lower than the level required to keep global average temperature increases below dangerous levels2 7#b7 to implement solutions that acknowledge the intersections of environmental degradation that perpetuate racial1 social1 and economic inequities2 7#c7 to protect the lives of low-income and disadvantaged communities and invest in those communities2 7#d7 to empower communities to prepare for1 and react to1 the impacts of climate change that are already being experienced2 7#e7 to demonstrate to the international community a commitment by the ,federal ,government to aggressively reduce carbon pollution2 7#f7 to create jobs for all individuals1 especially in communities with high rates of unemployment or underemployment1 and build a sustainable economy2 and 7#g7 to ensure universal access to clean and renewable energy for all homes and businesses in the ,united ,states4 7c7 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 the ,united ,states should aggressively reduce carbon pollution as rapidly as practicable1 and achieve #ajj percent clean and renewable energy not later than #bjej2 and 7#b7 the ,federal ,government should do everything in its power-- 7,a7 to protect public health and environment2 7,b7 to avoid the most dangerous impacts of climate change2 and 7,c7 to promote a rapid1 just1 and equitable transition to a clean energy economy4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,climate ,fund ,the term ,climate ,fund means the ,climate ,fund established by section #gjb7;a74 7#c7 ,council ,the term ,council means the ,national ,climate ,change ,council established by section #gja7;b74 7#d7 ,disadvantaged community 7,a7 ,in general ,the term disadvantaged community means a community that is disadvantaged based on geographic1 public health1 environmental hazard1 or socioeconomic criteria4 7,b7 ,inclusions ,the term disadvantaged community includes-- 7i7 an area burdened by cumulative environmental pollution or other hazard that can lead to a negative public health effect2 7ii7 an area with a concentration of people that-- 7,i7 are low-income2 7,,ii7 have high unemployment2 7,,iii7 have a high rent burden2 7,,iv7 have a low level of home ownership2 7,v7 have a low level of educational attainment2 or 7,,vi7 are members of groups that have historically experienced discrimination on the basis of race or ethnicity2 and 7iii7 an area that is vulnerable to the impact of climate change such as flooding1 storm surges1 and urban heat island effects4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,low-income community ,the term low-income community means a census or tribal block group in which not less than #ej percent of households have an annual income that is less than #hj percent of the greater of-- 7,a7 the annual median gross income for the area in which the census or tribal block group is located2 and 7,b7 the annual median gross income for the ,state in which the census or tribal block group is located4 7#g7 ,rail 7,a7 ,in general ,the term rail means any entity transporting goods or passengers operating on the general railroad system of transportation 7as defined in ,appendix ,a of part ,a of title #di1 ,code of ,federal ,regulations 7or successor regulations774 7,b7 ,exclusion ,the term rail does not include rapid transit operations in an urban area not connected to the general railroad system of transportation 7as defined in ,appendix ,a of part #bji of title #di1 ,code of ,federal ,regulations 7or successor regulations774 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#i7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#aj7 ,zero-emission vehicle ,the term zero-emission vehicle means a vehicle that produces zero exhaust emissions of any criteria pollutant1 precursor pollutant1 or greenhouse gas in any mode of operation or condition1 as determined by the ,administrator4 ,i ,clean and renewable energy for all #aja4 ,making public transportation affordable and accessible 7a7 ,establishment ,the ,secretary shall establish a zero-emission vehicle-based public transportation program 7referred to in this section as the ,program74 7b7 ,goals ,the goals of the ,program are-- 7#a7 to facilitate affordable and accessible zero-emission vehicle-based public transportation2 7#b7 to establish regionally appropriate1 interoperable models for zero-emission vehicle-based public transportation in diverse communities throughout the ,united ,states2 7#c7 to encourage the innovation and investment necessary to achieve mass market modes of zero-emission vehicle-based public transportation2 and 7#d7 to reduce and displace fossil fuel use and reduce greenhouse gas emissions by accelerating the deployment of zero-emission vehicle-based public transportation in the ,united ,states4 7c7 ,competitive grants 7#a7 ,in general ,the ,secretary shall establish a competitive process to select communities for the ,program to receive grants4 7#b7 ,community selection criteria ,not later than #aej days after the date of enactment of this ,act1 the ,secretary shall publish a set of selection criteria for the grants competition that-- 7,a7 shall prioritize communities that demonstrate affordable modes of access to zero-emission vehicle-based public transportation for disadvantaged communities2 7,b7 shall ensure1 to the maximum extent practicable1 that-- 7i7 the combination of selected communities is diverse in population1 population density1 demographics1 urban and suburban composition1 typical commuting patterns1 and climate2 7ii7 at least #a community selected has a population of less than #ejj1jjj2 and 7iii7 grants are of a sufficient amount such that each community will be able to provide broadly accessible zero-emission vehicle-based public transportation throughout the community2 7,c7 may give preference to applicants proposing a greater non-,federal cost share2 and 7,d7 in considering community plans1 shall take into account previous ,department of ,energy and other ,federal investments to ensure that the maximum domestic benefit from ,federal investments is realized4 7#c7 ,applications 7,a7 ,in general ,not later than #aej days after the date of publication by the ,secretary of selection criteria described in paragraph 7#b71 any ,state1 tribal1 or local government1 or group of ,state1 tribal1 or local governments may apply to the ,secretary to receive a grant under this subsection4 7,b7 ,joint sponsorship 7i7 ,in general ,an application submitted under subparagraph 7,a7 may be jointly sponsored by electric utilities1 automobile manufacturers1 technology providers1 carsharing companies or organizations1 third-party zero-emission vehicle service providers1 nongovernmental organizations1 or other appropriate entities4 7ii7 ,disbursement of grants ,a grant provided under this subsection shall only be disbursed to a ,state1 tribal1 or local government1 or group of ,state1 tribal1 or local governments1 regardless of whether the application is jointly sponsored under clause 7i74 7#d7 ,selection ,not later than #abj days after an application deadline has been established under subparagraph 7,a71 the ,secretary shall announce the names of the communities selected under this subsection4 7#e7 ,community plans ,plans for the deployment of zero-emission vehicle-based public transportation shall include-- 7,a7 a proposed level of cost sharing2 7,b7 documentation demonstrating a project involving relevant stakeholders1 including-- 7i7 a list of stakeholders that includes-- 7,i7 elected and appointed officials from each of the participating ,state1 local1 and tribal governments2 7,,ii7 all relevant generators and distributors of electricity2 7,,iii7 ,state utility regulatory authorities2 7,,iv7 departments of public works and transportation2 7,v7 as appropriate1 owners and operators of regional electric power distribution and transmission facilities2 and 7,,vi7 as appropriate1 other existing community coalitions recognized by the ,department of ,energy2 7ii7 evidence of the commitment of the stakeholders to participate in the project2 7iii7 a clear description of the role and responsibilities of each stakeholder2 and 7iv7 a plan for continuing the engagement and participation of the stakeholders1 as appropriate1 throughout the implementation of the deployment plan2 7,c7 descriptions of incentives for economically disadvantaged residents in the community to ensure affordable access to zero-emission vehicle-based public transportation1 in addition to any ,federal incentives2 7,d7 a timeline for the deployment of zero-emission vehicle-based public transportation2 7,e7 a plan for monitoring and evaluating the implementation of the plan1 including metrics for assessing the success of the deployment and an approach to updating the plan1 as appropriate2 and 7,f7 a description of the manner in which any grant funds applied for under paragraph 7#c7 will be used and the proposed local cost share for the funds4 7d7 ,funding ,the ,secretary shall use to carry out this section not more than #cj1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 #ajb4 ,making solar energy affordable and accessible to low-income and disadvantaged families 7a7 ,definitions ,in this section3 7#a7 ,administrative expense ,the term administrative expense has the meaning given the term by the ,secretary4 7#b7 ,community solar facility ,the term community solar facility means a community-based distributed photovoltaic solar electricity generating facility that1 as determined by the ,secretary-- 7,a7 is owned by a subscriber organization2 7,b7 has a nameplate rating of #b megawatts or less2 7,c7 is located in or near a community of subscribers to whom the beneficial use of the electricity generated by the facility belongs2 and 7,d7 reserves not less than #be percent of the quantity of electricity generated by the facility for households in low-income communities and disadvantaged communities that are subscribers to the facility4 7#c7 ,eligible entity 7,a7 ,in general ,the term eligible entity means-- 7i7 a low-income household2 7ii7 a household in a disadvantaged community2 7iii7 a unit of ,state1 territorial1 or local government2 7iv7 an ,indian tribe2 7v7 a ,native ,hawaiian community-based organization2 7vi7 a rural area 7as defined in section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a7772 and 7vii7 any other national or regional entity that-- 7,i7 deploys a safe1 high-quality photovoltaic solar electricity generating facility for consumers under a model that maximizes energy savings to those consumers2 and 7,,ii7 has experience1 as determined by the ,secretary1 in the installation of solar systems using a job training or community volunteer-based installation model4 7,b7 ,loan program ,with respect to a loan provided under this section1 the term eligible entity means-- 7i7 an entity described in clauses 7i7 through 7vi7 of subparagraph 7,a72 and 7ii7 a private entity that-- 7,i7 deploys a safe1 high-quality photovoltaic solar electricity generating facility for consumers under a model that maximizes energy savings to those consumers2 and 7,,ii7 will install solar systems using a job training installation model4 7#d7 ,grant-eligible household ,the term grant-eligible household means a household the members of which-- 7,a7 earn an income equal to #hj percent or less of the applicable area median income1 as defined for the applicable year by the ,secretary of ,housing and ,urban ,development2 and 7,b7 reside in an owner-occupied home4 7#e7 ,low-income household ,the term low-income household means a household with an income equal to #hj percent or less of the applicable area median income1 as defined for the applicable year by the ,secretary of ,housing and ,urban ,development4 7#f7 ,multi-family affordable housing ,the term multi-family affordable housing means any federally subsidized affordable housing complex in which not less than #ej percent of the units are reserved for low-income households and households in disadvantaged communities4 7#g7 ,native ,hawaiian community-based organization ,the term ,native ,hawaiian community-based organization means any organization that is composed primarily of ,native ,hawaiians from a specific community and that assists in the social1 cultural1 and educational development of ,native ,hawaiians in that community4 7#h7 ,photovoltaic solar electricity generating facility ,the term photovoltaic solar electricity generating facility means-- 7,a7 a generator that creates electricity from light photons2 and 7,b7 the accompanying hardware enabling that electricity to flow-- 7i7 onto the electric grid2 or 7ii7 into an energy storage device4 7#i7 ,subscriber ,the term subscriber means an electricity consumer who-- 7,a7 owns a subscription1 or an equivalent unit or share of the capacity or generation1 of a community solar facility2 7,b7 has identified #a or more physical locations-- 7i7 to which the subscription will be attributed2 7ii7 within the same electric utility service territory1 or within the same geographical area1 as the community solar facility1 in accordance with applicable ,state and local law2 and 7iii7 that may change from time to time1 subject to the condition that the physical location shall be within the geographical limits allowed for a subscriber of the applicable community solar facility2 and 7,c7 confirms the status of the consumer as a low-income household1 or a household in a disadvantaged community1 for each applicable fiscal year4 7#aj7 ,subscription ,the term subscription means a share in the capacity1 or a proportional interest in the solar electricity generation1 of a community solar facility4 7#aa7 ,underserved area ,the term underserved area means-- 7,a7 a geographical area with low or no photovoltaic solar deployment1 as determined by the ,secretary2 or 7,b7 trust land1 as defined in section #cgfe of title #ch1 ,united ,states ,code4 7b7 ,establishment of loan and grant program 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall provide loans and grants to eligible entities for use in accordance with this section4 7#b7 ,funding 7,a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall make grants and issue loans in accordance with this subsection4 7,b7 ,loans ,subject to subparagraph 7,d71 not more than #ej percent of funds made available under subparagraph 7,a7 for a fiscal year shall be used to provide loans to eligible entities for-- 7i7 community solar facilities2 or 7ii7 multi-family affordable housing solar installations4 7,c7 ,grants ,after allocating amounts to carry out subparagraph 7,b71 the ,secretary shall use the remaining funds made available under subparagraph 7,a7 for a fiscal year to provide grants to eligible entities-- 7i7 to pay the upfront costs of photovoltaic solar electricity generating facilities installed on properties of grant-eligible households2 or 7ii7 for any other eligible use described in subsection 7e74 7,d7 ,increase in loan amount ,notwithstanding subparagraph 7,b71 if the ,secretary determines that more than #ej percent of the amounts described in that subparagraph are necessary for any of fiscal years #bjah through #bjej to provide loans to encourage innovative financing and installation models to reach underserved markets1 the ,secretary may use more than #ej percent of those amounts to provide those loans4 7#c7 ,goals and accountability 7,a7 ,in general ,in providing loans and grants under this subsection1 the ,secretary shall take such actions as may be necessary to ensure that-- 7i7 the assistance provided under this subsection is used to facilitate and encourage innovative solar installation and financing models1 under which the recipients develop and install photovoltaic solar electricity generating facilities that provide significant savings to low-income households and households in disadvantaged communities while providing job training or community engagement opportunities with respect to each solar system installed2 7ii7 loan and grant recipients-- 7,i7 install not less than #fjj kilowatts of photovoltaic solar energy during the #b-year period ending on the date on which the loan or grant is provided to ensure consumer protection2 or 7,,ii7 before the date on which the goal described in subclause 7,i7 is achieved1 enter into partnership with an entity that-- 7aa7 has not less than #b years of experience deploying solar photovoltaic systems for low-income households and households in disadvantaged communities in a manner that maximizes the savings benefits of solar access2 and 7bb7 was primarily responsible for the installation of at least #b megawatts of solar energy during the #b-year period ending on the date on which the loan or grant is provided2 7iii7 the photovoltaic solar electricity generating facilities installed using assistance provided under this subsection are safe1 high-quality systems that comply with local building and safety codes and standards2 7iv7 the provision of assistance under this subsection establishes and fosters a partnership between the ,federal ,government and eligible entities1 resulting in efficient development of solar installations with-- 7,i7 minimal governmental intervention2 7,,ii7 limited governmental regulation2 and 7,,iii7 significant involvement by nonprofit and private entities2 7v7 solar projects installed using assistance provided under this subsection-- 7,i7 shall include job training2 and 7,,ii7 may include community participation in which job trainees and volunteers assist in the development of solar projects2 7vi7 assistance provided under this subsection gives priority to development in-- 7,i7 areas with low photovoltaic penetration2 7,,ii7 rural areas2 7,,iii7 ,indian tribal areas2 and 7,,iv7 other underserved areas1 including ,alaskan ,native and ,appalachian communities2 7vii7 solar systems are developed using assistance provided under this subsection on a geographically diverse basis among the eligible entities2 and 7viii7 to the maximum extent practicable1 solar installation activities for which assistance is provided under this section leverage1 or connect grant-eligible households to1 federally or locally subsidized weatherization and energy efficiency efforts that meet or exceed local energy efficiency standards4 7,b7 ,determination ,if1 at any time1 the ,secretary determines that any goal described in subparagraph 7,a7 cannot be met by providing assistance in accordance with this subsection1 the ,secretary shall immediately submit to the appropriate committees of ,congress a written notice of that determination1 including any proposed changes necessary to achieve the goal4 7#d7 ,community solar facilities 7,a7 ,in general ,a community solar facility may use a loan provided under this subsection only to offset the costs of generation and provision of solar energy to low-income households1 and households in disadvantaged communities1 that are subscribers of the community solar facility4 7,b7 ,transfer and assignment of subscriptions ,a subscription to a community solar facility that receives assistance under this subsection may be transferred or assigned by the subscriber to-- 7i7 any subscriber organization2 or 7ii7 any individual or entity who qualifies to be a subscriber to that community solar facility4 7,c7 ,treatment 7i7 ,in general ,no owner1 operator1 or subscriber of a community solar facility that receives assistance under this subsection shall be subject to regulation by the ,federal ,energy ,regulatory ,commission solely as a result of an interest in the community solar facility4 7ii7 ,price of subscription ,the price paid for any subscription to a community solar facility shall not be subject to the regulation of any ,federal department1 agency1 or commission4 7c7 ,national competition 7#a7 ,in general ,the ,secretary shall select eligible entities to receive loans or grants under this section through a nationwide competitive process1 to be established by the ,secretary4 7#b7 ,applications ,to be eligible to receive a loan or grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,requirements ,in selecting eligible entities to receive loans or grants under this section1 the ,secretary shall1 at a minimum-- 7,a7 require that the eligible entity-- 7i7 enter into a grant or loan agreement1 as applicable1 under subsection 7d72 and 7ii7 has obtained financial commitments 7or has demonstrated the capacity to obtain financial commitments7 necessary to comply with that agreement2 7,b7 ensure that loans and grants are provided1 and amounts are used1 in a manner that results in geographical diversity throughout the ,united ,states and within ,states1 territories1 and ,indian tribal land among photovoltaic solar electricity generating facilities installed using the assistance provided under this section2 7,c7 to the maximum extent practicable1 expand photovoltaic solar energy availability to-- 7i7 geographical areas1 throughout the ,united ,states and within ,states1 territories1 and ,indian tribal land1 with-- 7,i7 low photovoltaic solar penetration2 or 7,,ii7 a higher cost burden with respect to the deployment or installation of photovoltaic solar electricity generating facilities2 7ii7 rural communities2 7iii7 ,indian tribes2 and 7iv7 other underserved areas1 including ,appalachian and ,alaska ,native communities2 7,d7 take into account the warranty period and quality of the applicable photovoltaic solar electricity generating facility equipment and any necessary interconnecting equipment2 and 7,e7 ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the photovoltaic solar electricity generating facilities4 7d7 ,loan and grant agreements 7#a7 ,in general ,as a condition of receiving a loan or grant under this section1 an eligible entity shall enter into a loan or grant agreement1 as applicable1 with the ,secretary4 7#b7 ,requirements ,a loan or grant agreement under this subsection shall-- 7,a7 require the eligible entity-- 7i7 to use the assistance provided under this section only in accordance with this section2 7ii7 to install such quantity of solar systems with such defined capacity target 7expressed in megawatts7 as may be established by the ,secretary1 taking into consideration the costs associated with carrying out loan or grant obligations in the areas in which the solar systems will be developed2 7iii7 to use the assistance in a manner that leverages other sources of funding 7other than loans or grants under this section71 including private or public funds1 in developing the solar projects2 and 7iv7 to establish loan terms1 if applicable1 that maximize the benefit to the low-income households1 and households in disadvantaged communities1 receiving solar energy from the eligible entity2 7,b7 require the ,secretary to rescind any amounts provided to the eligible entity that are not used during the #b-year period beginning on the date on which the amounts are initially distributed to the eligible entity1 except in any case in which the eligible entity has demonstrated to the satisfaction of the ,secretary that a longer period1 not to exceed #c years after the date of initial distribution1 is necessary to deliver proposed services2 7,c7 with respect to a loan provided under this section1 establish-- 7i7 an interest rate equal to the cost of funds to the ,department of the ,treasury for obligations of comparable maturity to the loan as of the date on which the loan agreement is entered into2 and 7ii7 a payout time that maximizes the savings to customers during the effective period of the agreement2 and 7,d7 contain such other terms as the ,secretary may require to ensure compliance with the requirements of this section4 7e7 ,use ,an eligible entity shall use a loan or grant provided under this section for the purpose of developing new photovoltaic solar projects in the ,united ,states for low-income households1 households in disadvantaged communities1 and individuals who otherwise would likely be unable to afford or purchase photovoltaic solar systems through #a or more of the following activities3 7#a7 ,photovoltaic solar equipment and installation ,to pay the costs of-- 7,a7 solar equipment1 including only photovoltaic solar equipment and storage and all hardware or software components relating to safely producing1 monitoring1 and connecting the system to the electric grid or onsite storage2 and 7,b7 installation1 including all direct labor associated with installing the photovoltaic solar equipment4 7#b7 ,job training ,to fund onsite job training and community or volunteer engagement1 including-- 7,a7 only job training costs directly associated with the solar projects funded under this section2 and 7,b7 job training opportunities that may cover the full range of the solar value chain1 such as marketing and outreach1 customer acquisition1 system design1 and installation positions4 7#c7 ,deployment support ,to fund entities that have a demonstrated ability1 as determined by the ,secretary-- 7,a7 to advise ,state and local entities regarding solar policy1 regulatory1 and program design to continue and expand the work of the entities in low-income communities and disadvantaged communities2 7,b7 to foster community outreach and education regarding the benefits of photovoltaic solar energy for low-income communities and disadvantaged communities2 or 7,c7 to provide apprenticeship program opportunities registered and approved by-- 7i7 the ,office of ,apprenticeship of the ,department of ,labor pursuant to part #bi of title #bi1 ,code of ,federal ,regulations 7or successor regulations72 or 7ii7 a ,state ,apprenticeship ,agency recognized by that ,office4 7#d7 ,administration ,to pay the administrative expenses of the eligible entity1 including preproject feasibility efforts1 in carrying out the duties of the ,secretary associated with delivering proposed services1 except that not more than #ae percent of the total amount of the assistance provided to the eligible entity under this section may be used for administrative expenses4 7f7 ,compliance 7#a7 ,records and audits ,during the period beginning on the date of initial distribution to an eligible entity of a loan or grant under this section and ending on the termination date of the loan or grant under subsection 7g71 the eligible entity shall maintain such records and adopt such administrative practices as the ,secretary may require to ensure compliance with the requirements of this section and the applicable loan or grant agreement4 7#b7 ,determination by ,secretary ,if the ,secretary determines that an eligible entity that receives a grant or loan under this section has not1 during the #b-year period beginning on the date of initial distribution to the eligible entity of the assistance 7or such longer period as is established under subsection 7d77#b77;,b771 substantially fulfilled the obligations of the eligible entity under the applicable loan or grant agreement1 the ,secretary shall-- 7,a7 rescind the balance of any funds distributed to1 but not used by1 the eligible entity under this section2 and 7,b7 use those amounts to provide other loans or grants in accordance with this section4 7g7 ,termination ,the ,secretary shall terminate a loan or grant provided under this section on the date on which the ,secretary makes a determination that the total amount of the loan or grant 7excluding any interest1 fees1 and other earnings of the loan or grant7 has been-- 7#a7 fully expended by the eligible entity2 or 7#b7 returned to the ,secretary4 7h7 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall promulgate such regulations as the ,secretary determines to be necessary to carry out this section1 to take effect on the date of promulgation4 7i7 ,funding ,the ,secretary shall use to carry out this section not more than #aj1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 #ajc4 ,making energy efficiency retrofits affordable and accessible to low-income and disadvantaged families 7a7 ,weatherization assistance program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended to read as follows3 #dbb4 ,funding ,the ,secretary shall use to carry out the weatherization program under this part from amounts in the ,climate ,fund established by section #gjb7;a7 of the #ajj by '#ej ,act not more than #aj1jjj1jjj1jjj for each fiscal year4 4 7b7 ,technical correction ,section #dae of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7 is amended in subsections 7d7 and 7e77#a77;,a7 by striking section #dbb7;b7 each place it appears and inserting section #dbb4 #ajd4 ,making electricity affordable for low income and disadvantaged families ,section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,funding ,the ,secretary shall use to carry out this title 7other than section #bfjg;,a7 from amounts in the ,climate ,fund established by section #gjb7;a7 of the #ajj by '#ej ,act not more than #bd1jjj1jjj1jjj for each fiscal year4 2 and 7#b7 in subsection 7c71 by striking appropriatedand inserting made available4 #aje4 ,increasing sustainable community development capacity 7a7 ,definitions ,in this section3 7#a7 ,eligible community development organization ,the term eligible community development organization means-- 7,a7 a unit of general local government 7as defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd772 7,b7 a community housing development organization 7as defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd772 7,c7 an ,indian tribe2 7,d7 a tribally designated housing entity 7as defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc772 and 7,e7 a public housing agency 7within the meaning of section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b7774 7#b7 ,nonprofit organization ,the term nonprofit organization has the meaning given the term in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7b7 ,grants to nonprofit organizations ,the ,secretary may make grants to nonprofit organizations to provide training1 education1 support1 or advice to an eligible community development organization or qualified youth service and conservation corps-- 7#a7 to improve energy efficiency2 7#b7 to design strategies to maximize energy efficiency2 and 7#c7 to promote-- 7,a7 resource conservation and reuse2 7,b7 the installation or construction of renewable energy technologies or facilities1 such as wind1 wave1 solar1 and geothermal energy2 and 7,c7 the effective use of existing infrastructure in affordable housing and economic development activities in low-income communities and disadvantaged communities4 7c7 ,application ,to be eligible for a grant under this section1 a nonprofit organization shall prepare and submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,award of contracts ,contracts for architectural or engineering services funded with amounts from grants made under this section shall be awarded in accordance with chapter #aa of title #dj1 ,united ,states ,code4 7e7 ,funding ,for fiscal year #bjah and each fiscal year thereafter1 the ,secretary shall use to carry out this section from amounts in the ,climate ,fund not more than a total of #b1jjj1jjj1jjj4 #ajf4 ,training workers for jobs in clean energy 7a7 ,definitions ,in this section3 7#a7 ,eligible partnership ,the term eligible partnership means a partnership that includes-- 7,a7 not less than #a-- 7i7 local educational agency that is eligible for funding under section #aca of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcea72 or 7ii7 area career and technical education school or educational service agency described in subsection 7e7 or 7f7 of such section2 7,b7 not less than #a postsecondary institution eligible for funding under section #acb of such ,act 7#bj ,u4,s4,c4 #bceb72 and 7,c7 representatives of the community1 including nonprofit organizations1 business entities1 labor organizations1 or industry entities that have experience in fields described in subsection 7b77#a74 7#b7 ,program of study ,the term program of study means a program of study for a field described in subsection 7b77#a7 that contains the information described in section #abb7;c77#a77;,a7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcdb7;c77#a77;,a774 7b7 ,program authorized 7#a7 ,in general ,the ,secretary of ,education is authorized to award grants1 on a competitive basis1 to eligible partnerships to enable the eligible partnerships to develop programs of study that are focused on emerging careers and jobs in the fields of clean energy1 renewable energy1 energy efficiency1 climate change mitigation1 and climate change adaptation4 7#b7 ,consultation ,the ,secretary of ,education shall consult with the ,secretary of ,labor and the ,secretary prior to the issuance of a solicitation for grant applications under this section4 7c7 ,application 7#a7 ,in general ,an eligible partnership seeking a grant under this section shall submit an application to the ,secretary of ,education at such time and in such manner as such ,secretary may require4 7#b7 ,contents ,each application submitted under this subsection shall include-- 7,a7 a description of the eligible partnership and the roles and responsibilities of each partner in the partnership1 and a demonstration of each partner's capacity to support the program of study2 7,b7 7i7 a description of each career area within a field described in subsection 7b77#a7 to be developed through the grant and the reason for choosing such field2 and 7ii7 evidence of the labor market need to prepare students in such career area2 7,c7 a description of the program of study proposed to be funded by the grant1 including-- 7i7 whether such program of study is a new or existing program 7as of the date of the application72 and 7ii7 the secondary and postsecondary components of such program of study2 7,d7 a description of the students to be served by the program of study2 7,e7 a description of how the proposed program of study will be replicable and disseminated to schools outside of the partnership1 including schools in urban and rural areas2 7,f7 a description of the applied learning that will be incorporated into the program of study and how the applied learning will incorporate or reinforce academic learning2 7,g7 a description of how the proposed program of study will be delivered2 7,h7 a description of how the program of study will provide accessibility to students1 especially economically disadvantaged1 low-performing1 urban1 and rural students2 7,i7 a description of how the program will address placement of students in non-traditional fields1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb72 and 7,j7 a description of how the applicant proposes to consult or has consulted with a labor organization1 labor management partnership1 apprenticeship program1 or joint apprenticeship and training program1 that provides education and training in the field of study for which the applicant proposes to develop a curriculum4 7d7 ,priority ,in awarding grants under this section1 the ,secretary of ,education shall give priority to any application that proposes-- 7#a7 to use innovative means to deliver the proposed program of study to students1 educators1 and instructors outside of the eligible partnership2 7#b7 to focus on low-performing students and special populations1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb72 7#c7 to provide a comprehensive plan to enroll economically disadvantaged students in the program of study2 and 7#d7 to provide a comprehensive plan to ensure that all students can complete programs of study supported by a grant under this section without borrowing ,federal or private education loans4 7e7 ,peer review 7#a7 ,in general ,the ,secretary of ,education shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees4 7#b7 ,membership ,members of the peer review committee shall include in a balanced manner 7to the maximum extent practicable7-- 7,a7 educators who have experience implementing curricula with comparable purposes2 and 7,b7 business and industry experts in fields described in subsection 7b77#a74 7f7 ,use of funds ,an eligible partnership receiving a grant under this section shall use grant funds for the development1 implementation1 and dissemination of #a or more programs of study in a career area related to a field described in subsection 7b77#a74 7g7 ,funding ,for fiscal year #bjah and each fiscal year thereafter1 the ,secretary of ,education shall use to carry out this section from amounts in the ,climate ,fund not more than a total of #djj1jjj1jjj4 #ajg4 ,requirements for apprenticeship programs and employment of targeted workers 7a7 ,definitions ,in this section3 7#a7 ,qualified apprenticeship or other training program ,the term qualified apprenticeship or other training program means-- 7,a7 an apprenticeship or other training program that qualifies as an employee welfare benefit plan 7as defined in section #c of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb771 in which-- 7i7 not later than #ah months after the date of enactment of this ,act1 not less than #ej percent of participating first-year apprentices or trainees are projected to be targeted workers2 and 7ii7 not later than #d years after the date of enactment of this ,act1 not less than #cj percent of all apprentices or trainees are projected to be targeted workers2 and 7,b7 in any case in which the ,secretary of ,labor certifies that a qualified apprenticeship or other training program described in subparagraph 7,a7 for a craft or trade classification of workers that a prospective contractor or subcontractor intends to employ is not operated in the locality in which a project will be performed1 an apprenticeship or other training program that is not an employee welfare benefit plan 7as so defined7 if the ,secretary of ,labor determines that the apprenticeship or other training program-- 7i7 is registered with the ,office of ,apprenticeship of the ,department of ,labor or a ,state apprenticeship agency recognized by the ,office of ,apprenticeship for ,federal purposes2 and 7ii7 meets the requirements of subparagraph 7,a74 7#b7 ,targeted worker ,the term targeted worker means an individual who-- 7,a7 resides in the same labor market area 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb77 as the area in which the applicable project will be carried out2 and 7,b7 is-- 7i7 a member of a targeted group 7within the meaning of section #ea of the ,internal ,revenue ,code of #aihf7 and resides in a census tract in which not less than #bj percent of the households have incomes that are below the most recent annual ,federal ,poverty ,income ,guidelines published by the ,department of ,health and ,human ,services2 7ii7 a member of a family that received an annual family income that1 during the #b-year period prior to employment on the project or admission to the preapprenticeship program1 did not exceed #bjj percent of the most recent annual ,federal ,poverty ,income ,guidelines published by the ,department of ,health and ,human ,services1 excluding-- 7,i7 unemployment compensation2 7,,ii7 child support payments2 7,,iii7 cash payments under a ,federal1 ,state1 or local income-based public assistance program2 and 7,,iv7 benefits under the old-age1 survivors1 and disability insurance benefits program established under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq472 or 7iii7 a member of a disadvantaged community4 7b7 ,preapprenticeship requirements ,each contractor and subcontractor on any contract for construction services for a project funded directly by1 or assisted in whole or in part by or through1 the ,federal ,government pursuant to this ,act or an amendment made by this ,act shall agree to provide not less than #a percent of the contract amount to fund preapprenticeship programs that-- 7#a7 demonstrate the ability to recruit1 train1 and prepare for admission to apprenticeship programs individuals who qualify as targeted workers2 and 7#b7 arrange to provide individuals who successfully complete the preapprenticeship program to qualified apprenticeship or other training programs4 7c7 ,qualified apprenticeship and other training programs ,each contractor and subcontractor that seeks to provide construction services on projects funded directly by1 or assisted in whole or in part by or through1 the ,federal ,government pursuant to this ,act or an amendment made by this ,act shall submit adequate assurances with the bid or proposal of the contractor or subcontractor that the contractor or subcontractor participates in a qualified apprenticeship or other training program for each craft or trade classification of worker that the contractor or subcontractor intends to employ to perform work on the project4 7d7 ,employment of targeted workers 7#a7 ,in general ,each contractor and subcontractor on each project funded directly by1 or assisted in whole or in part by or through1 the ,federal ,government pursuant to this ,act or an amendment made by this ,act shall-- 7,a7 to the maximum extent practicable1 ensure that not less than #ae percent of all hours worked by newly hired laborers and mechanics employed on the project be performed by targeted workers2 and 7,b7 establish a goal that at least #cj percent of all hours worked by newly hired laborers and mechanics employed on the project be performed by targeted workers4 7#b7 ,reliance on identification of targeted workers ,for purposes of this subsection1 contractors and subcontractors may rely on the identification of individuals as targeted workers by a qualified apprenticeship or other training program4 ,,ii ,just transition for workers #bja4 ,short title ,this title may be cited as the ,clean ,energy ,worker ,just ,transition ,act4 #bjb4 ,definitions ,in this title3 7#a7 ,adversely affected employment ,the term adversely affected employment means employment in an applicable firm4 7#b7 ,adversely affected worker ,the term adversely affected worker means an individual who1 because of lack of work in adversely affected employment1 has been totally or partially separated from such employment1 or has been threatened to be totally or partially separated from such employment4 7#c7 ,adjustment assistance ,the term adjustment assistance means any compensation1 credit1 benefit1 funding1 training1 or service provided under subtitle ,a through any option described in paragraph 7#a71 7#b71 or 7#c7 of section #bba7;b74 7#d7 ,applicable firm ,the term applicable firm means1 as applicable-- 7,a7 the firm1 or subdivision of a firm1 for which the group of workers who are petitioning for certification under section #baa work2 7,b7 the firm1 or subdivision of a firm1 for which a group of certified adversely affected workers work2 7,c7 a group of firms within close geographic proximity1 as determined by the ,secretary1 for which a group of workers who are petitioning for certification under section #baa work2 or 7,d7 a group of firms within a close geographic proximity1 as determined by the ,secretary1 for which a group of certified adversely affected workers work4 7#e7 ,certified adversely affected worker ,the term certified adversely affected worker means an adversely affected worker covered by a certification issued under section #bac7;a77#b74 7#f7 ,certified or recognized labor organization ,the term certified or recognized labor organization means a labor organization that is certified or recognized under section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 as the representative of the workers involved4 7#g7 ,energy industry ,the term energy industry means a commercial sector1 as determined by the ,secretary1 that-- 7,a7 extracts1 transports1 or uses as a direct input energy resources or electricity2 or 7,b7 is otherwise dependent on the generation or consumption of energy resources or electricity4 7#h7 ,partial separation ,the term partial separation means1 with respect to an individual who has not been totally separated1 that such individual has experienced-- 7,a7 a reduction in hours of work to #hj percent or less of the individual's average weekly hours in adversely affected employment2 and 7,b7 a reduction in wages to #hj percent or less of the individual's average weekly wage in such adversely affected employment4 7#i7 ,partially separated ,the term partially separated means1 with respect to an individual who has not been totally separated1 that such individual is experiencing partial separation4 7#aj7 ,rapid response activity ,the term rapid response activity has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7 except that-- 7,a7 a reference in such section to a ,state shall be considered to be a reference to the ,secretary2 and 7,b7 the reference in such section to funds shall be considered to be a reference to funds reserved by the ,secretary under section #bdb7;b77#a74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ab7 ,threatened ,the term threatened1 with respect to total or partial separation1 means that an individual is aware of imminent total or partial separation from employment with an applicable firm or with a company with which the applicable firm is contracted to provide goods or services4 7#ac7 ,total separation ,the term total separation means the layoff or severance of an individual from employment with an applicable firm4 7#ad7 ,totally separated ,the term totally separated means1 with respect to an individual1 that such individual is experiencing total separation4 ,a ,adjustment assistance program ,i ,group certification #baa4 ,petitions 7a7 ,in general ,a petition for a group of workers to be certified under section #bac for eligibility to apply for adjustment assistance may be submitted to the ,secretary by any of the following3 7#a7 ,not less than #c workers on behalf of the group of workers petitioning for such certification4 7#b7 ,a certified or recognized labor organization1 or any other duly authorized representative of such workers 7as determined by the ,secretary71 representing not less than #c of the workers in the group4 7#c7 ,the applicable firm4 7b7 ,actions by the ,secretary ,on receipt of a petition submitted under subsection 7a71 the ,secretary shall-- 7#a7 ensure that rapid response activities and appropriate career services 7as described in section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd77 authorized under other ,federal laws are made available to the workers covered by the petition to the extent authorized under such laws2 7#b7 verify the information included in the petition2 and 7#c7 publish notice in the ,federal ,register and on the ,web site of the ,department of ,labor that the ,secretary has received such petition and has initiated an investigation into whether the group of workers shall be certified under section #bac4 7c7 ,hearing 7#a7 ,in general ,if an individual who submits a petition under subsection 7a71 or any other individual determined by the ,secretary to have a substantial interest in the outcome of the decision of the ,secretary regarding certification under section #bac1 submits a request for a hearing in accordance with paragraph 7#b71 the ,secretary shall-- 7,a7 provide for a public hearing2 and 7,b7 afford such individual an opportunity to be present1 produce evidence1 and be heard4 7#b7 ,submission ,the request under paragraph 7#a7 shall be submitted to the ,secretary not later than #aj days after the date on which the ,secretary publishes notice in the ,federal ,register under subsection 7b77#c74 #bab4 ,group eligibility requirements 7a7 ,criteria 7#a7 ,in general ,a group of workers shall be certified by the ,secretary as eligible to apply for adjustment assistance pursuant to a petition filed under section #baa1 if the ,secretary determines that-- 7,a7 such petition covers not less than #c workers who are similarly situated as-- 7i7 workers who work or have worked for the same applicable firm2 7ii7 workers who are totally or partially separated1 or threatened to be totally or partially separated1 due to the same local or regional circumstance2 or 7iii7 workers who are serviced by the same one-stop center described in section #aba of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea72 7,b7 such workers are workers who work in an industry that is a qualifying industry1 as determined under paragraph 7#b72 7,c7 a significant number or proportion of the workers working for the applicable firm have become totally or partially separated or are threatened to become totally or partially separated2 7,d7 7i7 sales or production of the applicable firm have decreased absolutely2 7ii7 the applicable firm has been closed1 relocated1 or acquired from another entity or foreign country2 or 7iii7 the sales1 production1 or services of the applicable firm have caused a shift that has contributed to the total or partial separation1 or threatened total or partial separation1 of such workers2 and 7,e7 the total or partial separation1 threatened total or partial separation1 or any of the actions described in subparagraph 7,d71 are directly attributable to-- 7i7 actions by the ,federal ,government2 7ii7 the low cost of competing alternative forms of energy2 or 7iii7 other reasons as determined by the ,secretary4 7#b7 ,qualifying industry 7,a7 ,initial period ,for any group filing a petition under section #baa on a date that is during the period beginning on the date of enactment of this ,act and ending on the date that is #e years after such date of enactment1 a qualifying industry shall be a coal-related or coal-dependent industry1 as determined by the ,secretary4 7,b7 ,subsequent years 7i7 ,system ,for any group filing a petition under section #baa on a date that is after the #e-year period described in subparagraph 7,a71 the ,secretary shall establish a system in accordance with this subparagraph for determining industries 7in addition to the coal-related or coal-dependent industry7 to add as qualifying industries4 7ii7 ,qualifications ,to be added as a qualifying industry under clause 7i71 an industry shall be-- 7,i7 an energy industry2 and 7,,ii7 an industry for which the ,secretary1 in consultation with the ,secretary of ,commerce1 has determined that1 during the #e-year period preceding the determination of the ,secretary under this subparagraph1 not less than #bj percent of the workers in such industry are totally or partially separated or are threatened to become totally or partially separated4 7iii7 ,timing ,on the date that is #e years after the date of enactment of this ,act1 and each year thereafter1 the ,secretary1 in consultation with the ,secretary of ,commerce1 shall determine if any industry meets the qualifications under clause 7ii7 and add any such industry as a qualifying industry4 7,c7 ,indefinitely qualified ,notwithstanding any other provision in this paragraph1 an industry that is a qualifying industry1 under subparagraph 7,a7 or 7,b71 shall indefinitely remain a qualifying industry4 7b7 ,basis for ,secretary's ,determinations 7#a7 ,in general ,the ,secretary shall1 in determining whether to certify a group of workers under section #bac1 obtain from the workers1 the applicable firm1 or a customer of the applicable firm1 information the ,secretary determines to be necessary to make such certification1 through questionnaires and in any other manner that the ,secretary determines appropriate4 7#b7 ,standards2 criteria ,the ,secretary shall establish-- 7,a7 standards1 including data requirements1 to investigate petitions filed under section #baa2 and 7,b7 criteria for making determinations under section #bac4 7#c7 ,additional information ,the ,secretary may seek additional information to determine whether to certify a group of workers-- 7,a7 by contacting-- 7i7 officials or workers of the applicable firm2 7ii7 officials of a certified or recognized labor organization or other duly authorized representative of the group of workers2 7iii7 ,state or regional departments of labor1 energy1 the environment1 economic development1 or commerce or that regulate utilities2 or 7iv7 the ,administrator1 the ,secretary1 the ,federal ,energy ,regulatory ,commission1 the ,secretary of the ,army 7acting through the ,chief of ,engineers71 the ,secretary of the ,interior1 the ,united ,states ,geological ,survey1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 or the ,secretary of the ,treasury1 as applicable2 and 7,b7 by using any other available sources of information4 7#d7 ,verification of information 7,a7 ,certification ,the ,secretary shall require the worker1 applicable firm1 or a customer of such firm to certify-- 7i7 all information obtained under paragraph 7#a7 through questionnaires2 and 7ii7 all other information obtained under paragraph 7#a7 from such worker1 firm1 or customer on which the ,secretary relies in making a determination under section #bac1 unless the ,secretary has a reasonable basis for determining that such information is accurate and complete without being certified4 7,b7 ,use of subpoenas 7i7 ,in general ,except as provided in clause 7ii71 if a worker1 applicable firm1 or customer of such firm fails to provide information requested by the ,secretary under paragraph 7#a7 within #bj days after the date of such request1 the ,secretary shall obtain such information by subpoena in accordance with section #bad4 7ii7 ,exception ,the requirement under clause 7i7 shall not apply if the worker1 applicable firm1 or customer of such firm demonstrates to the satisfaction of the ,secretary that such worker1 firm1 or customer will provide the information within a reasonable period of time4 7,c7 ,protection of confidential information 7i7 ,in general ,the ,secretary may not release information obtained under paragraph 7#a7 that the ,secretary considers to be confidential business information or personally identifiable information unless the worker1 applicable firm1 or customer whose information is at issue had notice1 at the time of submission1 that the information would be released by the ,secretary1 or such worker1 applicable firm1 or customer subsequently consents to the release of the information4 7ii7 ,exception ,nothing in this subparagraph prohibits the ,secretary from providing the confidential business information described in clause 7i7 to a court in camera or to another party under a protective order issued by a court4 #bac4 ,determinations and certifications 7a7 ,in general ,as soon as practicable after the date on which a petition is filed under section #baa and1 subject to subsection 7e71 not later than #dj days after that date1 the ,secretary shall-- 7#a7 determine whether the petitioning group meets the requirements under section #bab7;a72 and 7#b7 issue a certification of eligibility to apply for adjustment assistance covering the workers in any group which meets such requirements4 7b7 ,date of separation ,each certification issued under subsection 7a77#b7 shall specify the date on which the total or partial separation began or threatened to begin4 7c7 ,publication 7#a7 ,in general ,not later than #e days after reaching a determination on a petition filed under section #baa1 the ,secretary shall publish a summary of the determination in the ,federal ,register and on the ,web site of the ,department of ,labor1 together with the reasons of the ,secretary for making such determination4 7#b7 ,limitation on personal information ,the publication under paragraph 7#a7-- 7,a7 shall not include any personal information1 including names1 of workers certified2 and 7,b7 may include information regarding the applicable firm4 7d7 ,termination of certification ,whenever the ,secretary determines1 with respect to any certification of eligibility of the workers of an applicable firm1 that total or partial separations1 or threatened total or partial separations1 from such firm are no longer attributable to the factors described in subparagraph 7,e7 of section #bab7;a77#a71 the ,secretary shall-- 7#a7 terminate such certification2 and 7#b7 promptly have notice of such termination1 and the reasons for such termination1 published in the ,federal ,register and on the ,web site of the ,department of ,labor4 7e7 ,extension ,the ,secretary may have an extension for completing the determination or issuance under subsection 7a7 if any individual fails to comply with the requirements for providing information under section #bab7;b74 #bad4 ,subpoena power 7a7 ,in general ,in the case described in section #bab7;b77#d77;,b71 the ,secretary may require by subpoena the attendance of witnesses and the production of evidence necessary for the ,secretary to make a determination under section #bac4 7b7 ,contumacy ,if a person refuses to obey a subpoena issued under subsection 7a71 a ,united ,states district court within the jurisdiction of which the relevant proceeding under this title is conducted may1 on petition by the ,secretary1 issue an order requiring compliance with such subpoena4 #bae4 ,judicial review ,a denial of a certification under section #bac shall be subject to judicial review in accordance with chapter #g of title #e1 ,united ,states ,code4 ,,ii ,individual applications2 termination of assistance #bba4 ,adjustment assistance 7a7 ,in general ,in accordance with this part1 the ,secretary shall award adjustment assistance for a calendar year to any individual who-- 7#a7 submits an application for an adjustment assistance option under any of paragraphs 7#a7 through 7#c7 of subsection 7b7 to the ,secretary in a manner determined by the ,secretary2 7#b7 is determined by the ,secretary to be a certified adversely affected worker as of the date on which such individual submits the application2 and 7#c7 meets all requirements under this section with respect to the applicable adjustment assistance option4 7b7 ,options ,for a calendar year1 an individual may apply for adjustment assistance under not more than #a of the following options3 7#a7 ,option ,a ,option ,a shall consist of adjustment assistance that is-- 7,a7 federally funded unemployment compensation under part ,,iii1 and the amendments made by such part2 7,b7 premium subsidy credits and cost sharing benefits for health insurance under section #bda1 and the amendments made by such section2 and 7,c7 additional pension benefits under section #bdc1 and the amendment made by such section4 7#b7 ,option ,b ,option ,b shall consist of adjustment assistance that is-- 7,a7 7i7 funding in an amount equal to the cost of attendance 7as defined in section #dgb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll771 for a program of education or training of not more than #d years at a public institution of higher education 7as defined in section #ajb of such ,act 7#bj ,u4,s4,c4 #ajjb771 subject to paragraph 7#d72 or 7ii7 7,i7 training services and appropriate career services under section #bdb2 7,,ii7 job search allowances and relocation allowances under section #bdb1 for individuals who meet the requirements under subsections 7d7 and 7e7 of that section1 respectively2 and 7,,iii7 an amount for living expenses that is based on1 and calculated in the same manner as1 the cost of attendance1 as defined in that section1 for the training services and career services1 subject to paragraph 7#d72 and 7,b7 premium subsidy credits and cost sharing benefits for health insurance under section #bda1 and the amendments made by such section1 and additional pension benefits under section #bdc1 and the amendment made by such section4 7#c7 ,option ,c ,option ,c shall-- 7,a7 be for an individual who is #fb years of age or older on the date on which such individual submits an application under subsection 7a7 and-- 7i7 retires from the adversely affected employment not later than #abj days after the date on which such individual becomes a certified adversely affected worker2 or 7ii7 in the case of an individual whose adversely affected employment was at an applicable firm that is no longer capable of providing the full retirement pension and health care benefits as promised1 has retired prior to the date on which such individual becomes a certified adversely affected worker2 and 7,b7 consist of adjustment assistance that is-- 7i7 the premium subsidy credits and cost sharing benefits for health insurance under section #bda1 and the amendments made by such section2 and 7ii7 additional pension benefits under section #bdc1 and the amendment made by such section4 7#d7 ,special rule ,any amount provided for the cost of attendance of a program of education or training under paragraph 7#b77;,a77i71 or for living expenses related to training services under paragraph 7#b77;,a77ii71 shall be reduced by any amount provided toward such cost of attendance or living expenses under section #bdb1 section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a71 or any other ,federal grant assistance program4 7c7 ,reapplication process ,an individual who has received adjustment assistance for a calendar year shall reapply for such assistance for any subsequent calendar year subject to subsection 7d74 7d7 ,limitations 7#a7 ,option ,a ,an individual may receive adjustment assistance under subsection 7b77#a7 for not more than #c years4 7#b7 ,option ,b ,an individual may receive adjustment assistance under subsection 7b77#b7 for not more than #d years4 7e7 ,flexibility in options ,during a calendar year1 an individual receiving adjustment assistance under an option under subsection 7b7 may terminate adjustment assistance under that option and apply to receive adjustment assistance under a different option under such subsection4 #bbb4 ,termination of adjustment assistance 7a7 ,definition of comparable benefits ,in this section1 the term comparable benefits means benefits that provide the individual with not less than #ij percent of the salary1 pension benefits1 and health care benefits provided to the individual by the applicable firm immediately prior to the individual becoming an adversely affected worker4 7b7 ,notification of comparable benefits ,not later than #fj days after obtaining comparable benefits1 an individual receiving adjustment assistance shall notify the ,secretary of such comparable benefits4 7c7 ,termination ,any adjustment assistance provided to an individual under this subtitle shall terminate not later than #fj days after the date on which such individual obtains comparable benefits4 ,,iii ,federally funded unemployment compensation #bca4 ,temporary additional unemployment compensation program for certain adversely affected workers 7a7 ,federal-,state agreements ,any ,state that desires to do so may enter into and participate in an agreement under this section with the ,secretary4 ,any ,state that is a party to an agreement under this section may1 upon providing #cj days' written notice to the ,secretary1 terminate such agreement4 7b7 ,provisions of agreement 7#a7 ,in general ,any agreement under subsection 7a7 shall provide that the ,state agency of the ,state will make payments of temporary additional unemployment compensation to applicable individuals who-- 7,a7 have exhausted all rights to regular compensation under the ,state law or under ,federal law with respect to a benefit year2 7,b7 have no rights to regular compensation with respect to a week under such law or any other ,state unemployment compensation law or to compensation under any other ,federal law2 7,c7 are not receiving compensation with respect to such week under the unemployment compensation law of ,canada2 and 7,d7 are able to work1 available to work1 and actively seeking work4 7#b7 ,exhaustion of benefits ,for purposes of paragraph 7#a77;,a71 an applicable individual shall be deemed to have exhausted such individual's rights to regular compensation under a ,state law when-- 7,a7 no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period2 or 7,b7 such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed4 7#c7 ,weekly benefit amount1 etc 7,a7 ,in general ,subject to paragraph 7#d71 for purposes of any agreement under this section-- 7i7 the amount of temporary additional unemployment compensation that shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation 7including dependents' allowances7 payable to such individual during such individual's benefit year under the ,state law for a week of total unemployment2 7ii7 subject to subparagraph 7,b71 the terms and conditions of the ,state law which apply to claims for regular compensation and to the payment thereof 7including terms and conditions relating to availability for work1 active search for work1 and refusal to accept work7 shall apply to claims for temporary additional unemployment compensation and the payment thereof1 except-- 7,i7 that an applicable individual shall not be eligible for temporary additional unemployment compensation unless1 in the base period with respect to which such individual exhausted all rights to regular compensation under the ,state law1 such individual had #bj weeks of full-time insured employment or the equivalent in insured wages1 as determined under the provisions of the ,state law implementing section #bjb7;a77#e7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note2 ,public ,law #ia-cgc72 and 7,,ii7 where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the ,secretary promulgated to carry out this section2 and 7iii7 the maximum amount of temporary additional unemployment compensation payable to any applicable individual is #aef weeks4 7,b7 ,exception ,under an agreement under this section1 temporary additional unemployment compensation shall not be denied under subparagraph 7,a7 to an applicable individual for any week by reason of a failure to accept an offer of1 or apply for1 work if the work does not provide for comparable benefits 7as defined in section #bbb7;c774 7#d7 ,no new benefit year ,in determining the amount under paragraph 7#c71 a ,state shall not establish a new benefit year with respect to applicable individuals4 7#e7 ,coordination rule ,notwithstanding any other provision of ,federal law 7and if the ,state law permits71 the ,governor of a ,state that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to temporary additional unemployment compensation to applicable individuals who otherwise meet the requirements of this section4 7#f7 ,unauthorized aliens ineligible ,a ,state shall require as a condition of temporary additional unemployment compensation that each alien who receives such compensation must be legally authorized to work in the ,united ,states1 as defined for purposes of the ,federal ,unemployment ,tax ,act 7#bf ,u4,s4,c4 #ccja et seq474 ,in determining whether an alien meets the requirements of this subsection1 a ,state must follow the procedures provided in section #aacg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#g7;d774 7c7 ,payments to states 7#a7 ,in general 7,a7 ,full reimbursement ,there shall be paid to each ,state which has entered into an agreement under this section an amount equal to #ajj percent of-- 7i7 the total amount of additional weeks of temporary additional unemployment compensation paid to applicable individuals by the ,state pursuant to such agreement2 and 7ii7 any additional administrative expenses incurred by the ,state by reason of such agreement 7as determined by the ,secretary74 7,b7 ,terms of payments ,sums payable to any ,state by reason of such ,state's having an agreement under this section shall be payable1 either in advance or by way of reimbursement 7as determined by the ,secretary71 in such amounts as the ,secretary estimates the ,state will be entitled to receive under this section for a period1 reduced or increased1 as the case may be1 by any amount by which the ,secretary finds that his estimates for any prior period were greater or less than the amounts which should have been paid to the ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary and the ,state agency of the ,state involved4 7#b7 ,certifications ,the ,secretary shall from time to time certify to the ,secretary of the ,treasury for payment to each ,state the sums payable to such ,state under this section4 7#c7 ,funding ,payments to ,states under an agreement under this section shall be made from the ,trust ,fund established under section #bea4 7d7 ,fraud and overpayments 7#a7 ,in general ,if an individual knowingly has made1 or caused to be made by another1 a false statement or representation of a material fact1 or knowingly has failed1 or caused another to fail1 to disclose a material fact1 and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of temporary additional unemployment compensation to which such individual was not entitled1 such individual-- 7,a7 shall be ineligible for further temporary additional unemployment compensation in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation2 and 7,b7 shall be subject to prosecution under section #ajja of title #ah1 ,united ,states ,code4 7#b7 ,repayment ,in the case of individuals who have received amounts of temporary additional unemployment compensation to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such temporary additional unemployment compensation to the ,state agency1 except that the ,state agency may waive such repayment if it determines that-- 7,a7 the payment of such temporary additional unemployment compensation was without fault on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency shall recover the amount to be repaid1 or any part thereof1 by deductions from any temporary additional unemployment compensation payable to such individual under this section or from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #c-year period after the date such individual received the payment of the temporary additional unemployment compensation to which the individual was not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,review ,any determination by a ,state agency under this subsection shall be subject to review in the same manner and to the same extent as determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7e7 ,applicability 7#a7 ,in general ,an agreement entered into under this section shall apply to weeks of unemployment-- 7,a7 beginning after the date on which such agreement is entered into2 and 7,b7 ending on or before ,january #a1 #bjbj4 7#b7 ,termination ,no temporary additional unemployment compensation under this section shall be payable for any week subsequent to the last week described in paragraph 7#a77;,b74 7f7 ,definitions ,in this section3 7#a7 ,applicable individual ,the term applicable individual means1 with respect to a week of temporary additional unemployment compensation1 an individual who-- 7,a7 is a certified adversely affected worker 7as defined in section #bjb7 for such week2 and 7,b7 has been awarded adjustment assistance for option ,a under section #bba7;b7 for such week4 7#b7 ,,eb program definitions ,the terms compensation1 regular compensation1 extended compensation1 benefit year1 base period1 ,state1 ,state agency1 ,state law1 and week have the respective meanings given such terms under section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 #bcb4 ,permanent ,state requirement for the provision of additional unemployment compensation for certain adversely affected workers 7a7 ,unemployment compensation ,chapter #bc of subtitle ,c of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in section #ccjd7;a7-- 7,a7 in paragraph 7#ah71 by striking and at the end2 7,b7 by redesignating paragraph 7#ai7 as paragraph 7#bj72 and 7,c7 by inserting after paragraph 7#ah7 the following new paragraph3 7#ai7 additional unemployment compensation for applicable individuals shall be payable as provided in section #ccab2 and 2 and 7#b7 by adding at the end the following3 #ccab4 ,additional unemployment compensation for certain adversely affected workers 7a7 ,additional unemployment compensation 7#a7 ,in general 7,a7 ,in general ,for purposes of section #ccjd7;a77#ai71 a ,state law shall provide that payment of additional unemployment compensation shall be made to applicable individuals who-- 7i7 have exhausted all rights to regular compensation under the ,state law or under ,federal law with respect to a benefit year2 7ii7 have no rights to regular compensation with respect to a week under such law or any other ,state unemployment compensation law or to compensation under any other ,federal law2 7iii7 are not receiving compensation with respect to such week under the unemployment compensation law of ,canada2 and 7iv7 are able to work1 available to work1 and actively seeking work4 7,b7 ,exception ,additional unemployment compensation shall not be denied under subparagraph 7,a7 to an applicable individual for any week by reason of a failure to accept an offer of1 or apply for1 work if the work does not provide for comparable benefits 7as defined in section #bcb7;c7 of the ,clean ,energy ,worker ,just ,transition ,act74 7#b7 ,exhaustion of benefits ,for purposes of paragraph 7#a77;,a71 an applicable individual shall be deemed to have exhausted such individual's rights to regular compensation under a ,state law when-- 7,a7 no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period2 or 7,b7 such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed4 7#c7 ,weekly benefit amount1 etc 7,a7 ,in general ,subject to paragraph 7#d71 for purposes of this section-- 7i7 the amount of additional unemployment compensation which shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation 7including dependents' allowances7 payable to such individual during such individual's benefit year under the ,state law for a week of total unemployment2 7ii7 the terms and conditions of the ,state law which apply to claims for regular compensation and to the payment thereof 7including terms and conditions relating to availability for work1 active search for work1 and refusal to accept work7 shall apply to claims for additional unemployment compensation and the payment thereof1 except-- 7,i7 that an applicable individual shall not be eligible for additional unemployment compensation unless1 in the base period with respect to which such individual exhausted all rights to regular compensation under the ,state law1 such individual had #bj weeks of full-time insured employment or the equivalent in insured wages1 as determined under the provisions of the ,state law implementing section #bjb7;a77#e7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note72 and 7,,ii7 where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the ,secretary of ,labor promulgated to carry out this section2 and 7iii7 the maximum amount of additional unemployment compensation payable to any applicable individual is #aef weeks4 7,b7 ,transition for applicable individuals receiving compensation under the temporary additional unemployment compensation program ,in the case of an applicable individual who received temporary additional unemployment compensation under section #bca of the ,clean ,energy ,worker ,just ,transition ,act for weeks ending prior to ,january #a1 #bjbj-- 7i7 the number of weeks described in subparagraph 7,a77iii7 shall be reduced by the number of weeks such individual received the temporary additional unemployment compensation under such section #bca2 and 7ii7 in determining the amount under subparagraph 7,a7 for such individual1 the ,state shall use the same benefit year as was used for such individual under such section #bca4 7#d7 ,no new benefit year ,in determining the amount under paragraph 7#c71 a ,state shall not establish a new benefit year with respect to applicable individuals4 7#e7 ,coordination rule ,notwithstanding any other provision of ,federal law 7and if the ,state law permits71 the ,governor of a ,state that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to additional unemployment compensation to applicable individuals who otherwise meet the requirements of this section4 7#f7 ,unauthorized aliens ineligible ,a ,state shall require as a condition of additional unemployment compensation that each alien who receives such compensation must be legally authorized to work in the ,united ,states1 as defined for purposes of the ,federal ,unemployment ,tax ,act 7#bf ,u4,s4,c4 #ccja et seq474 ,in determining whether an alien meets the requirements of this subsection1 a ,state must follow the procedures provided in section #aacg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#g7;d774 7b7 ,payments to states 7#a7 ,in general 7,a7 ,full reimbursement ,there shall be paid to each ,state an amount equal to #ajj percent of-- 7i7 the total amount of additional unemployment compensation paid to applicable individuals by the ,state pursuant to this section2 and 7ii7 any additional administrative expenses incurred by the ,state by reason of this section 7as determined by the ,secretary of ,labor74 7,b7 ,terms of payments ,sums payable to any ,state by reason of this section shall be payable1 either in advance or by way of reimbursement 7as determined by the ,secretary of ,labor71 in such amounts as the ,secretary of ,labor estimates the ,state will be entitled to receive under this section for a period1 reduced or increased1 as the case may be1 by any amount by which the ,secretary of ,labor finds that his estimates for any prior period were greater or less than the amounts which should have been paid to the ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary of ,labor and the ,state agency of the ,state involved4 7#b7 ,certifications ,the ,secretary of ,labor shall from time to time certify to the ,secretary of the ,treasury for payment to each ,state the sums payable to such ,state under this section4 7#c7 ,funding ,payments to ,states under an agreement under this section shall be made from the ,clean ,energy ,workers ,trust ,fund established under section #bea of the ,clean ,energy ,worker ,just ,transition ,act4 7c7 ,fraud and overpayments 7#a7 ,in general ,if an individual knowingly has made1 or caused to be made by another1 a false statement or representation of a material fact1 or knowingly has failed1 or caused another to fail1 to disclose a material fact1 and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of additional unemployment compensation to which such individual was not entitled1 such individual-- 7,a7 shall be ineligible for further additional unemployment compensation in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation2 and 7,b7 shall be subject to prosecution under section #ajja of title #ah1 ,united ,states ,code4 7#b7 ,repayment ,in the case of individuals who have received amounts of additional unemployment compensation to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such additional unemployment compensation to the ,state agency1 except that the ,state agency may waive such repayment if it determines that-- 7,a7 the payment of such additional unemployment compensation was without fault on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency shall recover the amount to be repaid1 or any part thereof1 by deductions from any additional unemployment compensation payable to such individual under this section or from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #c-year period after the date such individuals received the payment of the additional unemployment compensation to which they were not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,review ,any determination by a ,state agency under this subsection shall be subject to review in the same manner and to the same extent as determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7d7 ,definitions ,in this section3 7#a7 ,applicable individual ,the term applicable individual means1 with respect to a week of additional unemployment compensation1 an individual who-- 7,a7 is a certified adversely affected worker 7as defined in section #bjb of the ,clean ,energy ,worker ,just ,transition ,act7 for such week2 and 7,b7 has been awarded adjustment assistance for option ,a under section #bba7;b77#a7 of such ,act for such week4 7#b7 ,,eb program definitions ,the terms compensation1 regular compensation1 extended compensation1 benefit year1 base period1 ,state1 ,state agency1 ,state law1 and week have the respective meanings given such terms under section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 4 7b7 ,clerical amendment ,the table of sections for chapter #bc of subtitle ,c of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following item3 ,sec4 #ccab4 ,additional unemployment compensation4 4 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbj1 and shall apply to weeks of unemployment ending on or after such date4 ,,iv ,other benefits and services #bda4 ,eligibility for premium subsidy credit and cost sharing benefits for health insurance 7a7 ,premium subsidy credit 7#a7 ,in general ,paragraph 7#a7 of section #cf;,b7c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,e7 ,special rule for certain certified adversely affected workers ,if-- 7i7 a taxpayer has a household income which is not greater than #ajj percent of an amount equal to the poverty line for a family of the size involved1 and 7ii7 the taxpayer is a certified adversely affected worker under section #bjb of the ,clean ,energy ,worker ,just ,transition ,act and has been awarded adjustment assistance under ,option ,a1 ,option ,b1 or ,option ,c of section #baa7;b7 of such ,act1 the taxpayer shall1 for purposes of the credit under this section1 be treated as an applicable taxpayer with a household income which is equal to #ajj percent of the poverty line for a family of the size involved4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to months beginning after ,december #ca1 #bjag4 7b7 ,cost sharing ,the second sentence of section #adjb7;b7 of the ,patient ,protection and ,affordable ,care ,act is amended by striking section #cf;,b7c77#a77;,b7 and inserting subparagraph 7,c7 or 7,e7 of section #cf;,b7c77#a74 #bdb4 ,training and support for employment 7a7 ,definitions ,in this section3 7#a7 ,career services ,the term career services means services described in section #acd7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b774 7#b7 ,eligible adversely affected worker ,the term eligible adversely affected worker means a certified adversely affected worker who has been awarded adjustment assistance under section #bba7;b77#b74 7#c7 ,suitable employment ,the term suitable employment1 used with respect to an eligible adversely affected worker1 means employment-- 7,a7 at a wage that is not less than #ij percent of the wage the worker received on the day before the date described in section #bac7;b72 and 7,b7 that meets such other requirements as the ,secretary may specify4 7#d7 ,training services ,the term training services means services provided under section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c774 7b7 ,funding ,each fiscal year1 the ,secretary shall use a portion of the funds made available under section #bea to carry out this section4 ,from that portion1 the ,secretary shall-- 7#a7 reserve an amount for the ,secretary to use in ensuring the availability of rapid response activities and career services under section #baa7;b77#a72 7#b7 reserve an amount to grant job search allowances under subsection 7d72 7#c7 reserve an amount to grant relocation allowance under subsection 7e72 and 7#d7 use the remainder of the portion to carry out subsection 7c74 7c7 ,career services and training services 7#a7 ,funding ,each fiscal year1 the ,secretary shall use the remainder described in subsection 7b77#d7 to provide career services and training services to eligible adversely affected workers1 or to contribute to the costs of the one-stop delivery system involved4 7#b7 ,treatment of funds ,the ,secretary shall treat the funds in that remainder as if the funds are part of the amount described in section #acb7;b77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;b77#b77;,b771 except that-- 7,a7 all funds in that remainder may only be used to provide career services and training services to eligible adversely affected worker1 or to contribute to the costs of the one-stop delivery system involved1 as described in section #acc7;b77#e77;,b77ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b77#e77;,b77ii772 7,b7 the funds in that remainder shall not be counted for purposes of applying section #acb7;b77#b77;,b77iii7 or #acc7;b77#b77;,b77iii7 of that ,act 7#bi ,u4,s4,c4 #cagb7;b77#b77;,b77iii71 #cagc7;b77#b77;,b77iii772 and 7,c7 section #acc7;b77#d7 of that ,act 7#bi ,u4,s4,c4 #cagc7;b77#d77 shall not apply to the funds in that remainder4 7d7 ,job search allowances 7#a7 ,job ,search ,allowance ,authorized 7,a7 ,distributions 7i7 ,initial distribution ,the ,secretary shall establish procedures for an initial distribution to ,states of reserved funds described in subsection 7b77#b7 and available for a fiscal year4 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7ii7 ,subsequent distribution ,the ,secretary shall establish procedures for the distribution to ,states of the reserved funds that remain available for the fiscal year after the initial distribution required under clause 7i74 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7,b7 ,state use of funds ,each ,state may use funds distributed to the ,state under subparagraph 7,a7 to allow an eligible adversely affected worker who has completed a program of training services or has received appropriate career services to file an application with the ,secretary for payment of a job search allowance4 7,c7 ,approval of applications ,the ,secretary may grant an allowance pursuant to an application filed under subparagraph 7,b7 when all of the following apply3 7i7 ,assist eligible adversely affected worker ,the allowance is paid to assist a worker described in subparagraph 7,b7 in securing a job within the ,united ,states4 7ii7 ,local employment not available ,the ,secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides4 7iii7 ,application ,the worker has filed an application for the allowance with the ,secretary at such time and containing such information as the ,secretary may determine4 7#b7 ,amount of ,allowance 7,a7 ,in general ,any allowance granted under paragraph 7#a7 shall provide reimbursement to the worker of not more than #ij percent of the necessary job search expenses of the worker as prescribed by the ,secretary in regulations4 7,b7 ,maximum allowance ,reimbursement under this paragraph may not exceed #a1bej for any worker4 7,c7 ,exception ,notwithstanding subparagraphs 7,a7 and 7,b71 a ,state may reimburse any worker described in paragraph 7#a77;,b7 for necessary expenses incurred by the worker in participating in a job search program approved by the ,secretary4 7e7 ,relocation allowances 7#a7 ,relocation ,allowance ,authorized 7,a7 ,distributions 7i7 ,initial distribution ,the ,secretary shall establish procedures for an initial distribution to ,states of reserved funds described in subsection 7b77#c7 and available for a fiscal year4 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7ii7 ,subsequent distribution ,the ,secretary shall establish procedures for the distribution to ,states of the reserved funds that remain available for the fiscal year after the initial distribution required under clause 7i74 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7,b7 ,state use of funds ,each ,state may use funds distributed to the ,state under subparagraph 7,a7 to allow an eligible adversely affected worker to file an application for a relocation allowance with the ,secretary1 and the ,secretary may grant the relocation allowance1 subject to the terms and conditions of this subsection4 7#b7 ,conditions for granting allowance ,the relocation allowance may be granted if all of the following terms and conditions are met3 7,a7 ,assist eligible adversely affected worker ,the relocation allowance will assist an eligible adversely affected worker in relocating within the ,united ,states to receive training services or for employment4 7,b7 ,local employment not available ,the ,secretary determines that the worker cannot reasonably be expected to secure-- 7i7 in the case of a worker relocating to receive training services1 suitable training services in the commuting area in which the worker resides2 and 7ii7 in the case of a worker relocating for employment1 suitable employment in that commuting area4 7,c7 ,separation or threat ,the worker is totally or partially separated1 or is threatened to become totally or partially separated1 from employment at the time relocation commences4 7,d7 ,suitable training or employment ,the worker-- 7i7 in the case of a worker relocating to receive training services or for employment after receiving training services1 obtains approval from the ,secretary for the program of training services involved2 or 7ii7 in the case of a worker relocating for employment1 has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate1 or has obtained a bona fide offer of such employment4 7,e7 ,application ,the worker filed an application with the ,secretary before-- 7i7 in the case of a worker relocating for employment or to receive training services1 the later of-- 7,i7 the #dbeth day after the date of the certification under section #bab that covers the worker2 or 7,,ii7 the #dbeth day after the date of the worker's last total separation2 or 7ii7 in the case of a worker relocating for employment after receiving training services1 the date that is the #ahb;d day after the date on which the worker concluded a program of training services approved by the ,secretary under subparagraph 7,d77i74 7#c7 ,amount of allowance ,any relocation allowance granted to a worker under paragraph 7#a7 shall include-- 7,a7 not more than #ij percent of the reasonable and necessary expenses 7including subsistence and transportation expenses at levels not exceeding those allowable as specified in regulations prescribed by the ,secretary7 incurred in transporting the worker1 the worker's family1 and household effects2 and 7,b7 a lump sum equivalent to #c times the worker's average weekly wage1 up to a maximum payment of #a1bej4 7#d7 ,limitations ,a relocation allowance may not be granted to a worker unless-- 7,a7 in the case of a worker relocating for employment or to receive training services1 the relocation occurs within #ahb days after the filing of the application for relocation assistance2 or 7,b7 in the case of a worker relocating for employment after receiving training services1 the relocation occurs within #ahb days after the conclusion of a program of training services approved by the ,secretary under paragraph 7#b77;,d77i74 #bdc4 ,additional pensions benefits 7a7 ,in general ,in the case that1 with respect to a certified adversely affected worker1 the amount of pension plan benefits guaranteed under section #djbb or #djbb;,a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acbb1 #acbb;a71 subject to section #djbb;,b of such ,act 7#bi ,u4,s4,c4 #acbb;b7 is less than the amount of the nonforfeitable benefit to which such employee was entitled under the terms of the pension plan of the applicable firm immediately before the date of the insolvency of such applicable firm1 the ,pension ,benefit ,guaranty ,corporation shall make payments to such certified adversely affected worker or to the multiemployer plan of the certified adversely affected worker1 as applicable1 on a monthly basis in an amount equal to-- 7#a7 the excess of-- 7,a7 the amount to which the employee was so entitled2 over 7,b7 the amount so guaranteed2 and 7#b7 the payments otherwise made to such worker in accordance with section #djbb or #djbb;,a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acbb1 #acbb;a71 subject to section #djbb;,b of such ,act 7#bi ,u4,s4,c4 #acbb;b74 7b7 ,transfers from ,fund ,each fiscal quarter1 the ,secretary of ,labor shall transfer from the ,trust ,fund established under section #bea to the fund established under subsection 7i7 of section #djje of the ,employee ,retirement ,income ,security ,act 7#bi ,u4,s4,c4 #acje7 7as added by subsection 7c771 an amount equal to the aggregate payments that are expected to be made under subsection 7a77#a7 by the ,pension ,benefit ,guaranty ,corporation in the subsequent fiscal quarter4 ,the ,secretary of ,labor may adjust the amounts so transferred for a fiscal quarter to account for any overpayment or underpayment so made in a previous fiscal quarter4 7c7 ,,pbgc fund ,section #djje of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acje7 is amended by adding at the end the following3 7i7 ,an eighth fund shall be established and credited with any amounts transferred in accordance with section #bdc7;b7 of the ,clean ,energy ,worker ,just ,transition ,act4 ,such amounts shall be made available to make payments in accordance with section #bdc7;a7 of such ,act4 4 ,v ,funding #bea4 ,establishment of ,clean ,energy ,workers ,trust ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,clean ,energy ,workers ,trust ,fund 7referred to in this title as the ,trust ,fund71 consisting of such amounts as may be appropriated to the ,trust ,fund under subsection 7b74 7b7 ,amounts in ,trust ,fund ,there is appropriated to the ,trust ,fund1 on an annual basis1 an amount equal to the increase in revenues to the ,treasury resulting from the amendments made by section #beb4 7c7 ,expenditures from ,trust ,fund 7#a7 ,in general ,except as provided under paragraph 7#b71 amounts in the ,trust ,fund shall be available without further appropriation-- 7,a7 to carry out-- 7i7 the group certification and individual application provisions under parts ,i and ,,ii of this subtitle1 respectively2 7ii7 adjustment assistance provided through any option under section #bba7;b7 7subject to paragraph 7#b772 and 7iii7 sections #bfb and #bfc2 and 7,b7 for the administrative costs associated with carrying out subparagraph 7,a7 and this section4 7#b7 ,tax credits and incentives ,from time to time there shall be transferred from the ,trust ,fund to the general fund of the ,treasury amounts equal to the decrease in revenues to the ,treasury resulting from the amendments made by sections #bda and #bfa4 7#c7 ,availability ,the amounts in the ,trust ,fund shall be available for the purposes described in paragraphs 7#a7 and 7#b7 to the ,secretary and the head of any other agency as necessary to carry out such purposes4 #beb4 ,modifications to rules relating to inverted corporations 7a7 ,in general ,subsection 7b7 of section #ghgd of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7b7 ,inverted corporations treated as domestic corporations 7#a7 ,in general ,notwithstanding section #ggja7;a77#d71 a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- 7,a7 such corporation would be a surrogate foreign corporation if subsection 7a77#b7 were applied by substituting #hj percent for #fj percent1 or 7,b7 such corporation is an inverted domestic corporation4 7#b7 ,inverted domestic corporation ,for purposes of this subsection1 a foreign corporation shall be treated as an inverted domestic corporation if1 pursuant to a plan 7or a series of related transactions7-- 7,a7 the entity completes after ,may #h1 #bjad1 the direct or indirect acquisition of-- 7i7 substantially all of the properties held directly or indirectly by a domestic corporation1 or 7ii7 substantially all of the assets of1 or substantially all of the properties constituting a trade or business of1 a domestic partnership1 and 7,b7 after the acquisition1 either-- 7i7 more than #ej percent of the stock 7by vote or value7 of the entity is held-- 7,i7 in the case of an acquisition with respect to a domestic corporation1 by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation1 or 7,,ii7 in the case of an acquisition with respect to a domestic partnership1 by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership1 or 7ii7 the management and control of the expanded affiliated group which includes the entity occurs1 directly or indirectly1 primarily within the ,united ,states1 and such expanded affiliated group has significant domestic business activities4 7#c7 ,exception for corporations with substantial business activities in foreign country of organization ,a foreign corporation described in paragraph 7#b7 shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group4 ,for purposes of subsection 7a77#b77;,b77iii7 and the preceding sentence1 the term substantial business activities shall have the meaning given such term under regulations in effect on ,may #h1 #bjad1 except that the ,secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph4 7#d7 ,management and control ,for purposes of paragraph 7#b77;,b77ii7-- 7,a7 ,in general ,the ,secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring1 directly or indirectly1 primarily within the ,united ,states4 ,the regulations prescribed under the preceding sentence shall apply to periods after ,may #h1 #bjad4 7,b7 ,executive officers and senior management ,such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring1 directly or indirectly1 primarily within the ,united ,states if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic1 financial1 and operational policies of the expanded affiliated group are based or primarily located within the ,united ,states4 ,individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title4 7#e7 ,significant domestic business activities ,for purposes of paragraph 7#b77;,b77ii71 an expanded affiliated group has significant domestic business activities if at least #be percent of-- 7,a7 the employees of the group are based in the ,united ,states1 7,b7 the employee compensation incurred by the group is incurred with respect to employees based in the ,united ,states1 7,c7 the assets of the group are located in the ,united ,states1 or 7,d7 the income of the group is derived in the ,united ,states1 determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph 7#c7 as in effect on ,may #h1 #bjad1 but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the ,united ,states4 ,the ,secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph4 4 7b7 ,conforming amendments 7#a7 ,clause 7i7 of section #ghgd7;a77#b77;,b7 of such ,code is amended by striking after ,march #d1 #bjjc1 and inserting after ,march #d1 #bjjc1 and before ,may #i1 #bjad14 7#b7 ,subsection 7c7 of section #ghgd of such ,code is amended-- 7,a7 in paragraph 7#b7-- 7i7 by striking subsection 7a77#b77;,b77ii7 and inserting subsections 7a77#b77;,b77ii7 and 7b77#b77;,b77i71 and 7ii7 by inserting or 7b77#b77;,a7 after 7a77#b77;,b77i7 in subparagraph 7,b71 7,b7 in paragraph 7#c71 by inserting or 7b77#b77;,b77i71 as the case may be1 after 7a77#b77;,b77ii71 7,c7 in paragraph 7#e71 by striking subsection 7a77#b77;,b77ii7 and inserting subsections 7a77#b77;,b77ii7 and 7b77#b77;,b77i71 and 7,d7 in paragraph 7#f71 by inserting or inverted domestic corporation1 as the case may be1 after surrogate foreign corporation4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years ending after ,may #h1 #bjad4 ,,vi ,miscellaneous provisions #bfa4 ,credit for hiring unemployed certified adversely affected workers 7a7 ,inclusion in work opportunity credit ,paragraph 7#a7 of section #ea7;d7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of subparagraph 7,i71 by striking the period at the end of subparagraph 7,j7 and inserting 1 or1 and by adding at the end the following new subparagraph3 7,k7 a qualified adversely affected energy industry unemployed worker4 4 7b7 ,definition of qualified adversely affected energy industry unemployed worker ,subsection 7d7 of section #ea of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#af7 ,qualified adversely affected energy industry unemployed worker ,the term qualified adversely affected energy industry unemployed worker means any individual who-- 7,a7 is a certified adversely affected worker under section #bjb of the ,clean ,energy ,worker ,just ,transition ,act and whose status as such has not been terminated before the date the individual begins work for the employer1 7,b7 is certified by the designated local agency as-- 7i7 having aggregate periods of unemployment during the #a-year period ending on the hiring date which equal or exceed #d weeks 7but less than #f months71 or 7ii7 having aggregate periods of unemployment during the #a-year period ending on the hiring date which equal or exceed #f months4 4 7c7 ,increased credit amount for long-,term unemployed workers ,section #ea7;b77#c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and before #bd1jjj1 and 7#b7 by inserting 1 and #ad1jjj per year in the case of any individual who is a qualified adversely affected energy industry unemployed worker by reason of subsection 7d77#af77;,b77ii7 after subsection 7d77#c77;,a77ii77,,ii74 7d7 ,credit limited to individuals hired for comparable occupation ,subsection 7b7 of section #ea of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#d7 ,special rule for qualified adversely affected energy industry unemployed workers ,the term qualified wages shall not include any wages paid to qualified adversely affected energy industry unemployed worker unless the position for which such worker is hired for is a comparable occupation as determined under section #bbb of the ,clean ,energy ,worker ,just ,transition ,act4 4 7e7 ,termination provision not ,to apply ,paragraph 7#d7 of section #ea7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new sentence3 ,the preceding sentence shall not apply with respect to amounts paid or incurred to qualified adversely affected energy industry unemployed workers44 7f7 ,effective date ,the amendments made by this section shall apply to individuals who begin work for the employer after ,december #ca1 #bjag4 #bfb4 ,enforcement 7a7 ,violations ,it shall be a violation of this subtitle to for any person to-- 7#a7 make a false statement of a material fact knowing it to be false1 or knowingly fail to disclose a material fact1 for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this subtitle2 or 7#b7 make a false statement of a material fact knowing it to be false1 or knowingly fail to disclose a material fact1 when providing information to the ,secretary during an investigation of a petition under section #baa4 7b7 ,penalties ,any person who commits a violation under subsection 7a7 shall be imprisoned for not more than #a year1 fined under title #ah1 ,united ,states ,code1 or both4 #bfc4 ,benefit information to workers 7a7 ,general information ,the ,secretary shall provide-- 7#a7 full information to workers about-- 7,a7 the adjustment assistance available under this subtitle2 and 7,b7 the petition and application procedures1 and the appropriate filing dates1 for such adjustment assistance2 7#b7 whatever assistance is necessary to enable groups of workers to prepare petitions or applications for such adjustment assistance2 7#c7 the applicable eligible agency1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb71 or any equivalent agency1 and public or private agencies1 institutions1 and employers1 as appropriate1 with information of each certification issued under section #bac and of projections1 if available1 of the needs for training under section #bdb as a result of such certification2 and 7#d7 labor organizations and other community organizations with funding from the ,trust ,fund established under section #bea1 to conduct community outreach to educate adversely affected workers about such adjustment assistance4 7b7 ,written notice to individuals ,the ,secretary shall provide written notice through the mail of the adjustment assistance available under this subtitle to each worker whom the ,secretary has reason to believe is covered by a certification under section #bac-- 7#a7 at the time such certification is made1 if the worker was partially or totally separated1 or threatened to become totally or partially separated1 from the adversely affected employment before such certification1 or 7#b7 at the time of the total or partial separation1 or threatened total or partial separation1 of the worker from the adversely affected employment1 if paragraph 7#a7 does not apply4 7c7 ,published notice ,the ,secretary shall publish notice of the adjustment assistance available under this subtitle to workers covered by each certification issued under section #bac in newspapers of general circulation in the areas in which such workers reside4 7d7 ,notification to ,department of ,commerce ,not later than #fj days after the date of enactment of this ,act1 and each year thereafter1 the ,secretary shall prepare and submit a report to the ,department of ,commerce on the geographic location and sector implicated by each certification issued under section #bac4 #bfd4 ,amendment to ,surface ,mining ,control and ,reclamation ,act of #aigg ,section #djb7;i77#b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;i77#b77 is amended-- 7#a7 by striking ,subject to and inserting the following3 7,a7 ,in general ,subject to 2 and 7#b7 by adding at the end the following3 7,b7 ,excess amounts 7i7 ,in general ,subject to paragraph 7#c71 and after all transfers referred to in subparagraph 7,a7 and paragraph 7#a7 have been made1 any amounts remaining after the application of paragraph 7#c77;,a7 7without regard to this subparagraph7 shall be transferred to the trustees of the #aigd ,,umwa ,pension ,plan and used solely to pay pension benefits required under such plan4 7ii7 #aigd ,,umwa ,pension ,plan ,for purposes of this subparagraph1 the term #aigd ,,umwa ,pension ,plan means a pension plan referred to in section #igja7;a77#c7 of the ,internal ,revenue ,code of #aihf but without regard to whether participation in such plan is limited to individuals who retired in #aigf and thereafter4 4 #bfe4 ,regulations ,the ,secretary shall promulgate regulations to carry out this subtitle4 ,b ,workplace ,democracy ,act #bga4 ,short title ,this subtitle may be cited as the ,workplace ,democracy for a ,clean ,energy ,future4 #bgb4 ,streamlining certification for labor organizations 7a7 ,in general ,section #i7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77 is amended by adding at the end the following3 7#f7 ,notwithstanding any other provision of this section1 whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes1 the ,board shall investigate the petition4 ,if the ,board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit1 the ,board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection 7a74 7#g7 ,the ,board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph 7#f74 ,such guidelines and procedures shall include-- 7,a7 model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph 7#f72 and 7,b7 procedures to be used by the ,board to establish the validity of signed authorizations designating bargaining representatives4 4 7b7 ,conforming amendments 7#a7 ,national ,labor ,relations ,board ,section #c7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec7;b77 is amended1 in the second sentence-- 7,a7 by striking and to and inserting to2 and 7,b7 by striking and certify the results thereof1 and inserting 1 and to issue certifications as provided for in that section14 7#b7 ,unfair labor practices ,section #h7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b77 is amended-- 7,a7 in paragraph 7#g77;,b7 by striking 1 or and inserting or a petition has been filed under section #i7;c77#f71 or2 and 7,b7 in paragraph 7#g77;,c7 by striking when such a petition has been filed and inserting when such a petition other than a petition under section #i7;c77#f7 has been filed4 #bgc4 ,facilitating initial collective bargaining agreements ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 ,whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition1 the provisions of subsection 7d7 shall be modified as follows3 7#a7 ,not later than #aj days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section #i7;a71 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7#b7 ,if after the expiration of the #ij-;day period beginning on the date on which bargaining is commenced1 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7#c7 ,if after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under paragraph 7#b71 or such additional period as the parties may agree upon1 the ,service is not able to bring the parties to agreement by conciliation1 the ,service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the ,service4 ,the arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 4 ,c ,community need-,based economic transition assistance program #bha4 ,community need-based economic transition assistance program 7a7 ,eligible county defined ,in this subtitle1 the term eligible county means a county or an ,indian tribe eligible for assistance under this subtitle-- 7#a7 in which not less than #ce certified adversely affected workers reside2 and 7#b7 that is certified by the ,secretary under subsection 7b74 7b7 ,certification ,the ,secretary shall certify an eligible county not later than #bj days after the date on which the ,secretary determines that at least #ce workers residing in the county are certified adversely affected workers4 7c7 ,notification ,after the ,secretary certifies a county as an eligible county under this section1 the ,secretary shall provide notice of the certification-- 7#a7 to the county government2 or 7#b7 if the county does not have a county government1 to the most localized relevant regional or ,state government4 7d7 ,application ,after the date on which the ,secretary certifies a county under this section1 the county may apply for a grant under each of subsections 7a7 through 7c7 of section #bhb and each of subsections 7a7 through 7e7 of section #bhc4 #bhb4 ,economic development grant programs 7a7 ,appalachian ,regional ,commission 7#a7 ,in general ,the ,appalachian ,regional ,commission established by section #adcja7;a7 of title #dj1 ,united ,states ,code 7referred to in this subsection as the ,commission71 shall award grants to eligible counties to support economic development planning and implementation activities in those counties1 including-- 7,a7 developing entrepreneurial ecosystems2 7,b7 facilitating access to capital investments and new markets2 and 7,c7 addressing barriers relating to adequate water1 sewer1 and telecommunications infrastructure4 7#b7 ,regulations2 guidance ,the ,commission may issue such regulations and guidance to carry out this subsection as the ,commission determines to be necessary4 7#c7 ,funding ,the ,commission shall use to carry out this subsection not more than #dj1jjj1jjj for each of fiscal years #bjaf through #bjbe from the ,climate ,fund4 7b7 ,economic ,development ,administration 7#a7 ,in general ,the ,assistant ,secretary of ,commerce for ,economic ,development 7referred to in this subsection as the ,assistant ,secretary7 shall-- 7,a7 advance and coordinate regional place-based innovation efforts for the ,federal ,government2 and 7,b7 provide planning and coordination assistance to eligible counties and other ,federal agencies to assist in economic development activities under this subtitle4 7#b7 ,regulations2 guidance ,the ,assistant ,secretary may issue such regulations and guidance to carry out this subsection as the ,assistant ,secretary determines to be necessary4 7#c7 ,funding ,the ,assistant ,secretary shall use to carry out this subsection not more than #aj1jjj1jjj for each of fiscal years #bjaf through #bjbe from the ,climate ,fund4 7c7 ,new development and jobs in abandoned mine land communities 7#a7 ,in general ,the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement 7referred to in this subsection as the ,director7 shall award grants to eligible counties for activities relating to the reclamation of abandoned coal mine land sites and associated polluted waters4 7#b7 ,purpose ,the purpose of the grant program under this subsection is to promote sustainable redevelopment in eligible counties4 7#c7 ,selection ,the ,director shall award grants based on economic factors1 including-- 7,a7 the unemployment rate in the eligible county2 7,b7 the amount and severity of problems in the eligible county relating to abandoned coal mine land and water problems2 and 7,c7 whether1 in the determination of the ,director1 reclamation activities to promote economic development would assist the eligible county4 7#d7 ,regulations2 guidance ,in consultation with ,states1 ,indian tribes1 and other stakeholders1 the ,director may issue such regulations and guidance to carry out this subsection as the ,director determines to be necessary4 7#e7 ,funding ,the ,director shall use to carry out this subsection not more than #bej1jjj1jjj for each of fiscal years #bjaf through #bjbe from the ,climate ,fund4 7d7 ,small ,business ,administration 7#a7 ,in general ,the ,administrator of the ,small ,business ,administration shall award grants to members of disadvantaged communities to support entrepreneurial opportunities1 such as starting or expanding small businesses or nonprofit organizations that-- 7,a7 promote improvements in energy efficiency2 7,b7 design strategies to maximize energy efficiency2 and 7,c7 promote-- 7i7 resource conservation and reuse2 7ii7 the installation or construction of renewable energy technologies or facilities1 such as wind1 wave1 solar1 and geothermal energy2 and 7iii7 the effective use of existing infrastructure in affordable housing and economic development activities in low-income communities and disadvantaged communities4 7#b7 ,regulations2 guidance ,the ,administrator of the ,small ,business ,administration may issue such regulations and guidance to carry out this subsection as the ,administrator of the ,small ,business ,administration determines to be necessary4 7#c7 ,funding ,the ,administrator of the ,small ,business ,administration shall use to carry out this subsection not more than #ej1jjj1jjj for each of fiscal years #bjah through #bjej from the ,climate ,fund4 #bhc4 ,need-based water1 broadband1 and electric grid infrastructure investment program 7a7 ,state drinking water treatment revolving loan funds ,the ,administrator shall award to eligible counties capitalization grants for the purpose of establishing a drinking water treatment revolving loan fund under section #adeb7;a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a774 7b7 ,water infrastructure finance and innovation ,the ,administrator shall provide to eligible counties long-term1 low-interest loans for large water infrastructure projects that are not eligible for funding from a ,state revolving loan fund1 in accordance with the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq474 7c7 ,broadband initiatives program ,the ,secretary of ,agriculture shall provide to eligible counties loans and loan guarantees under the broadband initiatives program established under title ,,vi of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb et seq47 to expand the access to1 and quality of1 broadband service across the rural ,united ,states4 7d7 ,broadband technology opportunities program ,the ,assistant ,secretary of ,commerce for ,communications and ,information shall award to eligible counties grants for purposes of the ,broadband ,technology ,opportunities ,program established under section #fjja7;a7 of the ,american ,recovery and ,reinvestment ,act of #bjji 7#dg ,u4,s4,c4 #acje7;a771 including providing access to1 and improving1 broadband service to underserved areas of the ,united ,states4 7e7 ,electric grid infrastructure ,the ,secretary shall award to eligible counties grants for expenses necessary for-- 7#a7 electricity delivery and energy reliability activities to modernize the electric grid1 including activities relating to-- 7,a7 demand-responsive equipment2 7,b7 enhanced security and reliability of energy infrastructure2 7,c7 energy storage research1 development1 demonstration1 and deployment2 7,d7 facilitating recovery from disruptions to the energy supply2 and 7,e7 high-voltage transmission lines to bring utility-scale hydro1 wind1 solar1 and geothermal generation to demand centers2 and 7#b7 implementation of the programs authorized under title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq474 7f7 ,grant and loan selection and management 7#a7 ,in general ,in carrying out this section1 the ,secretary of the ,treasury1 in consultation with the ,assistant ,secretary of ,commerce for ,economic ,development and ,state and local workforce development boards established under sections #aja and #ajg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa1 #cabb71 shall determine the percentage of funds made available to allocate to each agency carrying out a loan or grant program under subsections 7a7 through 7e74 7#b7 ,selection ,to the maximum extent practicable1 in selecting grant and loan applicants under this section1 the heads of the agencies carrying out the grant and loan programs shall consult and coordinate with the ,assistant ,secretary of ,commerce for ,economic ,development4 7g7 ,funding ,there shall be used to carry out this section from the ,climate ,fund #g1jjj1jjj1jjj for the period of fiscal years #bjaf through #bjbe4 ,,iii ,greening the grid ,a ,fossil fuel phaseout #cja4 ,fossil fuel phaseout 7a7 ,in general ,title ,,vi of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfja et seq47 is amended by adding at the end the following3 #faj4 ,fossil fuel phaseout 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,base quantity of electricity ,the term base quantity of electricity means the total quantity of electric energy sold by a retail electric supplier1 expressed in terms of megawatt hours1 to electric customers for purposes other than resale during the most recent calendar year for which information is available4 7#c7 ,fossil fuel energy ,the term fossil fuel energy means electric energy generated1 in whole or in part1 by a fossil fuel resource4 7#d7 ,fossil fuel energy credit ,the term fossil fuel energy credit means a credit issued under subsection 7f7 that represents #a megawatt hour of fossil fuel energy4 7#e7 ,fossil fuel resource ,the term fossil fuel resource means coal1 oil1 gas1 oil shale1 or tar sands4 7#f7 ,retail electric supplier 7,a7 ,in general ,the term retail electric supplier means an entity that sold not less than #a1jjj megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year4 7,b7 ,inclusion ,the term retail electric supplier includes an entity that generates not less than #a1jjj megawatt hours of electric energy for use by the entity4 7#g7 ,retire ,the term retire1 with respect to a fossil fuel energy credit1 means to disqualify the fossil fuel energy credit for any subsequent use under this section1 including sale1 transfer1 exchange1 or submission in satisfaction of a compliance obligation4 7b7 ,compliance ,for calendar year #bjbb and each calendar year thereafter1 each retail electric supplier shall meet the requirements of subsections 7c7 and 7d7 by submitting to the ,administrator1 not later than ,april #a of the following calendar year1 as applicable-- 7#a7 for a retail electric supplier that exceeds the maximum allowable percentage of fossil fuel energy generation for the applicable calendar year1 as determined under subsection 7c71 a quantity of fossil fuel energy credits sufficient to offset that excess1 as determined and certified by the ,administrator2 or 7#b7 for a retail electric supplier that does not exceed the maximum allowable percentage of fossil fuel energy generation for the applicable calendar year1 as determined under subsection 7c71 a certification of that compliance1 as the ,administrator determines to be appropriate4 7c7 ,maximum allowable annual percentage of fossil fuel energy sales ,for calendar years #bjbb through #bjej1 in annual increments1 the maximum annual percentage of the base quantity of electricity of a retail electric supplier that may be generated from fossil fuel resources1 or otherwise credited towards the percentage requirement pursuant to subsection 7e71 shall be the applicable percentage specified in the following table3 ,maximum ,allowable ,annual ,percentage of ,fossil ,fuel ,energy ,sales ,calendar ,year,percentage#bjbbgj4jbjbcfg4ebjbdfe4 jbjbefb4ebjbffj4jbjbgeg4ebjbhee4jbjbieb4 ebjcjej4jbjcadg4ebjcbde4jbjccdb4ebjcddj4 jbjcecg4ebjcfce4jbjcgcb4ebjchcj4jbjcibg4 ebjdjbe4jbjdabb4ebjdbbj4jbjdcag4ebjddae4 jbjdeab4ebjdfaj4jbjdgg4ebjdhe4jbjdib4ebj ejj4j4 7d7 ,requirement for #bjej and thereafter ,for calendar year #bjej and each calendar year thereafter1 a retail electric supplier shall not generate or sell any fossil fuel energy4 7e7 ,fossil fuel energy credits 7#a7 ,in general ,a retail electric supplier may satisfy the requirements of subsection 7b7 through the submission of fossil fuel energy credits-- 7,a7 issued to the retail electric supplier under subsection 7f72 or 7,b7 obtained by purchase1 transfer1 or exchange under subsection 7g71 subject to any emissions adjustment under subsection 7f77#c77;,b74 7#b7 ,limitation ,a fossil fuel energy credit may be counted toward compliance with subsection 7b7 only once4 7f7 ,issuance of fossil fuel energy credits 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,administrator shall establish by rule a program-- 7,a7 to verify and issue fossil fuel energy credits to retail electric suppliers2 7,b7 to track the sale1 transfer1 exchange1 carry over1 and retirement of fossil fuel energy credits2 and 7,c7 to enforce the requirements of this section4 7#b7 ,application 7,a7 ,in general ,to continue selling or generating fossil fuel energy as a retail electric supplier1 or otherwise to be issued fossil fuel energy credits1 a retail electric supplier shall submit to the ,administrator an application for the issuance of fossil fuel energy credits4 7,b7 ,contents ,the application under subparagraph 7,a7 shall indicate-- 7i7 the quantity of electric energy sold to electric consumers1 expressed in megawatt hours of electric energy1 for purposes other than resale during the preceding calendar year2 7ii7 if applicable-- 7,i7 the total quantity of electric energy generated by the retail electric supplier for use by the retail electric supplier2 7,,ii7 the type and quantity of each energy resource that is used to produce any energy sold to electric consumers or used by the retail electric supplier2 and 7,,iii7 the location at which the fossil fuel energy will be produced2 and 7iii7 any other information the ,administrator determines to be appropriate4 7#c7 ,quantity of fossil fuel energy credits 7,a7 ,in general ,subject to subparagraphs 7,b7 through 7,d71 the ,administrator shall issue a quantity of fossil fuel energy credits for a calendar year that is equal to the amount by which fossil fuel energy sales have been reduced during the period beginning on ,january #a1 #bjjj1 and ending on ,december #ca of the preceding calendar year4 7,b7 ,maximum quantity ,on approval of an application under paragraph 7#b71 the maximum quantity of fossil fuel energy credits that may be issued by the ,administrator to any retail electric supplier for a calendar year shall be equal to a quantity of fossil fuel energy credits equal to the difference between-- 7i7 the maximum annual percentage of fossil fuel energy sales1 expressed in megawatt hours1 for the applicable calendar year2 and 7ii7 the actual quantity1 expressed in megawatt hours1 of fossil fuel energy sold by the retail electric supplier during the applicable calendar year4 7,c7 ,emissions adjustment 7i7 ,in general ,the ,administrator may adjust the calculation of the actual quantity of fossil fuel energy generation by setting standard emissions factors based on the lifecycle greenhouse gas emissions of specific types of fossil fuel energy-generating facilities4 7ii7 ,lifecycle emissions of non-fossil energy resources ,the ,administrator shall-- 7,i7 evaluate the lifecycle emissions of non-fossil energy resources1 including upstream emissions such as greenhouse gas emissions associated with mining2 and 7,,ii7 reduce any allocation of credits on the basis of that lifecycle evaluation4 7,d7 ,limitation 7i7 ,in general ,this paragraph applies only to retail electric suppliers that do not sell or generate fossil fuel energy in excess of the maximum allowable annual percentage of fossil fuel energy generation for the applicable calendar year1 as determined under subsection 7c74 7ii7 ,prohibition ,the ,administrator may not issue a fossil fuel energy credit for a calendar year to any retail electric supplier that exceeds the maximum allowable annual percentage of fossil fuel energy sales for that calendar year4 7#d7 ,credit banking ,a fossil fuel energy credit for any calendar year that is not submitted to comply with the maximum allowable percentage of fossil fuel energy requirement of subsection 7c7 for that calendar year may be carried forward for use in accordance with this section within the next #e years1 but not later than #bjdi4 7g7 ,fossil fuel energy credit trading 7#a7 ,in general ,a fossil fuel energy credit for any calendar year before #bjej that is not submitted to comply with the maximum allowable percentage of fossil fuel energy requirement of subsection 7c7 for that calendar year may be sold1 transferred1 or exchanged by the retail electric supplier to which the fossil fuel energy credit is issued or by any other retail electric supplier that acquires the fossil fuel energy credit4 7#b7 ,limitations 7,a7 ,in general ,the sale1 transfer1 or exchange of fossil fuel energy credits may only occur between retail electric suppliers4 7,b7 ,rights ,a retail electric supplier shall be the only entity that may obtain legal rights to a fossil fuel energy credit4 7,c7 ,hotspots ,the ,administrator shall-- 7i7 evaluate trading to determine if trading results in the unsafe concentration of pollution in any area to any population2 and 7ii7 if any unsafe concentration of pollution is identified1 halt the sale of credits to entities-- 7,i7 within the identified area2 or 7,,ii7 that purchase electricity from a facility that would exacerbate pollution in the identified area1 as determined by the ,administrator4 7#c7 ,delegation ,the ,administrator may delegate to an appropriate market-making entity the administration of a national tradeable fossil fuel energy credit market for purposes of creating a transparent national market for the sale or trade of fossil fuel energy credits4 7h7 ,fossil fuel energy credit retirement 7#a7 ,in general ,any retail electric supplier that obtains legal rights to a fossil fuel energy credit may retire the fossil fuel energy credit in any calendar year4 7#b7 ,use of retired fossil fuel energy credit ,a fossil fuel energy credit retired under paragraph 7#a7 may not be used for compliance with subsection 7b7 in-- 7,a7 the calendar year in which the fossil fuel energy credit is retired2 or 7,b7 any subsequent calendar year4 7i7 ,information collection ,the ,administrator may collect the information necessary to verify and audit-- 7#a7 the annual fossil fuel energy sales or generation of any retail electric supplier2 7#b7 a fossil fuel energy credit submitted by a retail electric supplier pursuant to subsection 7b77#a72 7#c7 the validity of a fossil fuel energy credit submitted for compliance by a retail electric supplier to the ,administrator2 and 7#d7 the quantity of electricity sales of all retail electric suppliers4 7j7 ,state programs 7#a7 ,in general ,nothing in this section diminishes any authority of a ,state or political subdivision of a ,state-- 7,a7 to adopt or enforce any law 7including regulations7 respecting electricity2 or 7,b7 to regulate an electric utility4 7#b7 ,compliance with section ,no law or regulation of a ,state or political subdivision of a ,state shall relieve any electric utility from compliance with any requirement otherwise applicable under this section4 7k7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,administrator shall promulgate regulations to implement this section4 7l7 ,enforcement 7#a7 ,civil penalty 7,a7 ,in general ,a retail electric supplier that fails to comply with subsection 7b7 shall be liable for a civil penalty1 assessed by the ,administrator1 in an amount that is equal to twice the average value of the aggregate quantity of fossil fuel energy credits that the retail electric supplier failed to submit in violation of that subsection1 as determined by the ,administrator4 7,b7 ,enforcement ,the ,administrator shall assess any civil penalty under subparagraph 7,a74 7,c7 ,deposit ,with respect to any civil penalty paid to the ,administrator pursuant to subparagraph 7,a71 the ,administrator shall deposit the amount in the ,climate ,fund established by section #gjb7;a7 of the #ajj by '#ej ,act4 7#b7 ,injunction ,after calendar year #bjej1 the ,administrator may issue an injunction on the purchase or generation of fossil fuel energy by a retail electric supplier4 4 7b7 ,table of contents amendment ,the table of contents of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 prec4 #bfja7 is amended by adding at the end of the items relating to title ,,vi the following3 ,sec4 #fji4 ,rural and remote communities electrification grants4,sec4 #faj4 ,fossil fuel phaseout4 4 ,b ,enhancing grid reliability #caa4 ,enhancing grid reliability 7a7 ,energy storage and dispatchable energy grant program 7#a7 ,establishment ,the ,secretary shall establish a competitive grant program for utility-scale demonstration projects for energy storage and dispatchable concentrated solar thermal1 geothermal1 and ocean power energy technologies1 or other emerging dispatchable technologies1 as identified by the ,secretary4 7#b7 ,federal cost share ,the ,secretary may provide a grant under this subsection in an amount that is equal to not more than #bj percent of the total costs incurred in connection with the development1 construction1 acquisition of components for1 or engineering of a demonstration project referred to in paragraph 7#a74 7#c7 ,no ownership interest ,the ,united ,states shall hold no equity or other ownership interest in a qualified advanced electric transmission manufacturing plant or qualified advanced electric transmission property for which funds are provided under this subsection4 7#d7 ,funding ,the ,secretary shall use to carry out this subsection not more than #aj1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 7b7 ,interstate competitive renewable energy zones ,the ,federal ,power ,act is amended by inserting after section #baf 7#af ,u4,s4,c4 #hbdp7 the following3 #baf;,a4 ,interstate competitive renewable energy zones 7a7 ,purposes ,the purposes of this section are-- 7#a7 to provide greater certainty for-- 7,a7 renewable energy project developers by encouraging preconstruction capacity commitments by transmitting utilities2 and 7,b7 transmitting utilities by encouraging preconstruction financial commitments from project developers2 and 7#b7 to expedite transmission and renewable energy generation projects through ,federal permitting processes4 7b7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,renewable energy project developer ,the term renewable energy project developer means an entity that is responsible for siting renewable energy generation projects1 as identified by the ,commission4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,zone ,the term zone means an interstate competitive renewable energy zone established under subsection 7c77#a74 7c7 ,renewable energy zones 7#a7 ,establishment ,not later than #ahj days after the date of conclusion of the consultation required under paragraph 7#b71 after providing public notice and an opportunity to comment1 the ,commission1 in coordination with the ,secretary1 shall establish zones1 to be known as interstate competitive renewable energy zones1 in accordance with the purposes described in subsection 7a7-- 7,a7 to expedite-- 7i7 the construction of interstate transmission facilities2 and 7ii7 transmission facilities crossing #b or more grid interconnections2 and 7,b7 to facilitate the deployment of renewable energy resources in areas in which renewable energy resources and suitable land areas are sufficient to develop generating capacity4 7#b7 ,consultation ,during the #b-year period beginning on the date of enactment of this section1 the ,commission1 in coordination with the ,secretary and the heads of other relevant ,federal agencies1 shall carry out appropriate consultation with ,states and ,indian tribes 7or any entity designated by a ,state or ,indian tribe71 ,federal power marketing agencies1 ,transmission ,organizations1 transmitting utilities1 and renewable energy project developers with respect to identifying appropriate locations for zones-- 7,a7 in accordance with the purposes described in paragraph 7#a72 7,b7 taking into consideration reliability1 congestion1 cybersecurity1 environmental impact1 and cost effectiveness2 and 7,c7 in a manner that ensures that the processing and permitting of renewable energy facilities and transmission facilities comply with applicable requirements of ,federal law4 7#c7 ,identification of grid-planning entities ,not later than #ij days after the date of conclusion of the consultation required under paragraph 7#b71 any entity described in that paragraph that intends to support the purposes described in subsection 7a7 in the grid planning activities of the entity shall submit to the ,commission a notice of that intent4 7d7 ,preconstruction commitments ,not later than #ij days after the date of establishment of the zones under subsection 7c77#a71 the ,commission1 in coordination with each relevant grid-planning entity identified under subsection 7c77#c71 shall solicit participation of1 and convene1 interested stakeholders within each zone for purposes of-- 7#a7 construction planning2 and 7#b7 encouraging-- 7,a7 financial commitments by renewable energy project developers to transmitting utilities2 and 7,b7 commitments of transmission access by transmitting utilities to renewable energy project developers4 7e7 ,construction planning ,not later than #ahj days after the date of establishment of the zones under subsection 7c77#a71 the ,commission1 in coordination with each relevant grid-planning entity identified under subsection 7c77#c71 shall develop a plan for each zone relating to construction of the transmission capacity necessary to deliver to electric customers1 in a manner that is most beneficial and cost-effective to the customers1 the renewable electricity generation capacity within the zone4 7f7 ,coordination with ,state and regional planning processes ,the ,commission shall provide support for1 and may participate as requested in1 ,state and regional grid planning processes that1 as determined by the ,commission1 will expedite the construction of intrastate transmission lines to facilitate the deployment of renewable energy resources4 4 ,c ,making clean and renewable energy affordable ,i ,reducing carbon pollution and creating jobs by transitioning to sustainable energy sources #cba4 ,extension and modification of credits with respect to facilities producing energy from certain renewable resources 7a7 ,permanent extension for certain facilities ,section #de7;d7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#d71 by striking and which and all that follows through the period and inserting the following3 and1 in the case of a facility using solar energy1 which is placed in service before ,january #a1 #bjjf41 7#b7 in paragraph 7#f71 by striking and the construction of which begins before ,january #a1 #bjag1 7#c7 in paragraph 7#g71 by striking and the construction of which begins before ,january #a1 #bjag1 7#d7 in paragraph 7#i77;,a7-- 7,a7 in clause 7i71 by striking and before ,january #a1 #bjag1 and 7,b7 in clause 7ii71 by striking and the construction of which begins before ,january #a1 #bjag1 and 7#e7 in paragraph 7#aa77;,b71 by striking and the construction of which begins before ,january #a1 #bjag4 7b7 ,extension for wind facilities 7#a7 ,in general ,section #de7;d77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjbj and inserting ,january #a1 #bjcd4 7#b7 ,modification of phaseout ,paragraph 7#e7 of section #de7;b7 of such ,code is amended-- 7,a7 by striking and at the end of subparagraph 7,b71 7,b7 by striking ,january #a1 #bjbj1 #fj percent4 in subparagraph 7,c7 and inserting ,january #a1 #bjca1 #fj percent1 and1 and 7,c7 by adding at the end the following new subparagraph3 7,d7 in the case of any facility the construction of which begins after ,december #ca1 #bjcj1 and before ,january #a1 #bjcd1 #hj percent4 4 7c7 ,extension of election ,to treat qualified facilities other than biomass facilities as energy property 7#a7 ,in general ,section #dh7;a77#e77;,c7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking and the construction of which begins before ,january #a1 #bjag 7,january #a1 #bjbj1 in the case of any facility which is described in paragraph 7#a7 of section #de7;d77 in clause 7ii71 and 7,b7 by adding at the end the following new flush sentence3 ,such term shall not include any facility described in section #de7;d77#a7 the construction of which begins after ,december #ca1 #bjcc4 4 7#b7 ,exclusion of biomass facilities ,clause 7i7 of section #dh7;a77#e77;,c7 of such ,code is amended by striking 7#b71 7#c714 7#c7 ,modification of phaseout percentage for wind facilities ,subparagraph 7,e7 of section #dh7;a77#e7 of such ,code is amended-- 7,a7 by striking and at the end of clause 7ii71 7,b7 by striking ,january #a1 #bjbj1 #fj percent4 in clause 7iii7 and inserting ,january #a1 #bjca1 #fj percent1 and1 and 7,c7 by adding at the end the following new clause3 7d7 in the case of any facility the construction of which begins after ,december #ca1 #bjcj1 and before ,january #a1 #bjcd1 #hj percent4 4 7d7 ,effective dates ,the amendments made by this section shall take effect on ,january #a1 #bjag4 #cbb4 ,extension and modification of energy credit 7a7 ,permanent extension for certain property ,section #dh of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7a77#c77;,a7-- 7,a7 in clause 7ii71 by striking but only with respect to periods ending before ,january #a1 #bjag1 and 7,b7 in clause 7vii71 by striking 1 but only with respect to periods ending before ,january #a1 #bjag1 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking subparagraph 7,d71 7,b7 in paragraph 7#b71 by striking subparagraph 7,d71 7,c7 in paragraph 7#c77;,a71 by inserting and at the end of clause 7ii71 by striking 1 and at the end of clause 7iii7 and inserting a period1 and by striking clause 7iv71 and 7,d7 in paragraph 7#d71 by striking subparagraph 7,c74 7b7 ,solar energy property 7#a7 ,extension ,section #dh7;a77#b77;,a77i77,,ii7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjcd4 7#b7 ,modification of phaseout ,subparagraph 7,a7 of section #dh7;a77#f7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking and at the end of clause 7i71 7,b7 by striking ,january #a1 #bjbb1 #bb percent4 in clause 7ii7 and inserting ,january #a1 #bjcj1 #bb percent1 and 7,c7 by adding at the end the following new clauses3 7i7 in the case of any facility the construction of which begins after ,december #ca1 #bjcj1 and before ,january #a1 #bjcb1 #ah percent1 and 7ii7 in the case of any facility the construction of which begins after ,december #ca1 #bjca1 and before ,january #a1 #bjcd1 #ad percent4 4 7c7 ,extension of #cj-,percent investment credit for offshore wind energy facilities 7#a7 ,in general 7,a7 ,in general ,clause 7i7 of section #dh7;a77#b77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of subclause 7,,iv7 and by adding at the end the following new subclause3 7,v7 qualified offshore wind energy property1 and 4 7,b7 ,qualified offshore wind energy property defined ,subsection 7c7 of section #dh of such ,code is amended by adding at the end the following new paragraph3 7#e7 ,qualified offshore wind energy property 7,a7 ,in general ,the term qualified offshore wind energy property means property which is part of a qualified offshore wind facility4 7,b7 ,qualified offshore wind facility ,for purposes of subparagraph 7,a71 the term qualified offshore wind facility means any facility which-- 7i7 uses wind to generate electricity1 and 7ii7 is located in-- 7,i7 the inland navigable waters of the ,united ,states1 including the ,great ,lakes1 or 7,,ii7 the coastal waters of the ,united ,states1 including the territorial seas of the ,united ,states1 the exclusive economic zone of the ,united ,states1 and the outer ,continental ,shelf of the ,united ,states4 4 7,c7 ,conforming amendment ,subparagraph 7,a7 of section #dh7;a77#c7 of such ,code is amended by striking or at the end of clause 7vi71 by inserting or at the end of clause 7vii71 and by adding at the end the following new clause3 7viii7 qualified offshore wind energy property1 4 7,d7 ,coordination with credit for other wind facilities ,section #dh7;a77#e77;,c7 of such ,code is amended by adding at the end the following new sentence3 ,such term shall not include any facility which is a qualified offshore wind facility 7as defined in subsection 7c77#e7744 7d7 ,limitation on credit for onshore wind facilities ,subparagraph 7,a7 of section #dh7;a77#e7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7,e7 ,limitation for onshore wind facilities ,in the case of a qualified investment credit facility described in section #de7;d77#a71 the credit otherwise determined under the section with respect to qualified property which is part of such facility shall not exceed an amount equal to #bjj for each kilowatt hour of capacity of such facility4 4 7e7 ,credit for qualified electrical transmission property 7#a7 ,in general ,section #dh7;a77#c77;,a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7viii7 qualified electrical transmission property4 4 7#b7 ,qualified electrical transmission property ,section #dh7;c7 of the ,internal ,revenue ,code of #aihf1 as amended by subsection 7c71 is amended by adding at the end the following new paragraph3 7#f7 ,qualified electrical transmission property ,the term qualified electrical transmission property means an interstate electrical transmission system1 including technologies listed in section #abbc of the ,energy ,policy ,act of #bjje1 which is capable of carrying or transmitting at least #fi kilovolts4 4 7f7 ,effective date ,the amendments made by this section shall apply to property placed in service in taxable year beginning after the date of the enactment of this ,act4 7g7 ,effective date ,the amendments made by this section shall apply to periods after ,december #ca1 #bjaf1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 #cbc4 ,permanent extension of qualifying advanced energy project credit 7a7 ,in general ,section #dh;,c7d77#a77;,b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by inserting in any calendar year after allocated under the program1 and 7#b7 by striking #b1cjj1jjj1jjj and inserting #a1jjj1jjj1jjj4 7b7 ,conforming amendments 7#a7 ,section #dh;,c7d77#b77;,a7 of such ,code is amended by striking during the #b-year period beginning on the date the ,secretary establishes the program under paragraph 7#a74 7#b7 ,section #dh;,c7d77#d7 of such ,code is amended by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,review ,not later than #d years after the close of any calendar year for which allocations were made under this section1 the ,secretary shall review the credits allocated under this section for such calendar year4 7,b7 ,redistribution ,the ,secretary may reallocate credits awarded under this section for a calendar year if the ,secretary determines that any certification made pursuant to paragraph 7#b7 has been revoked pursuant to paragraph 7#b77;,b7 because the project subject to the certification has been delayed as a result of third-party opposition or litigation to the proposed project4 4 7#c7 ,section #dh;,c7d77#d77;,c7 of such ,code is amended by striking the ,secretary is authorized to conduct an additional program for applications for certification and inserting notwithstanding paragraph 7#b77;,a71 the ,secretary is authorized to accept additional applications for certification with respect to such amounts44 #cbd4 ,promoting access to renewable energy and energy efficiency for tax-exempt organizations 7a7 ,in general ,upon application1 the ,secretary of the ,treasury shall1 subject to the requirements of this section1 provide a grant to each eligible entity who places in service specified energy property to reimburse such person for a portion of the expense of such property as provided in subsection 7b74 ,no grant shall be made under this section with respect to any property unless such property is placed in service after #bjaf4 7b7 ,grant ,amount 7#a7 ,in general ,the amount of the grant under subsection 7a7 with respect to any specified energy property shall be the applicable percentage of the basis of such property4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means-- 7,a7 #cj percent in the case of any property described in paragraphs 7#a7 through 7#d7 of subsection 7d71 and 7,b7 #aj percent in the case of any other property4 7#c7 ,limitations ,in the case of property described in paragraph 7#a71 7#b71 7#c71 7#f71 or 7#g7 of subsection 7d71 the amount of any grant under this section with respect to such property shall not exceed the limitation described in section #dh7;a77#e77;,e71 #dh7;a77#f71 #dh7;c77#a77;,b71 #dh7;c77#b77;,b71 or #dh7;c77#c77;,b7 of the ,internal ,revenue ,code of #aihf1 respectively1 with respect to such property4 7c7 ,time for ,payment of ,grant ,the ,secretary of the ,treasury shall make payment of any grant under subsection 7a7 during the #fj-;day period beginning on the later of-- 7#a7 the date of the application for such grant1 or 7#b7 the date the specified energy property for which the grant is being made is placed in service4 7d7 ,specified ,energy ,property ,for purposes of this section1 the term specified energy property means any of the following3 7#a7 ,qualified facilities ,any qualified property 7as defined in section #dh7;a77#e77;,d7 of the ,internal ,revenue ,code of #aihf7 which is part of a qualified facility 7within the meaning of section #de of such ,code7 described in paragraph 7#a71 7#d71 7#f71 7#g71 7#i71 or 7#aa7 of section #de7;d7 of such ,code4 7#b7 ,qualified fuel cell property ,any qualified fuel cell property 7as defined in section #dh7;c77#a7 of such ,code74 7#c7 ,solar property ,any property described in clause 7i7 or 7ii7 of section #dh7;a77#c77;,a7 of such ,code4 7#d7 ,qualified small wind energy property ,any qualified small wind energy property 7as defined in section #dh7;c77#d7 of such ,code74 7#e7 ,geothermal property ,any property described in clause 7iii7 of section #dh7;a77#c77;,a7 of such ,code4 7#f7 ,qualified microturbine property ,any qualified microturbine property 7as defined in section #dh7;c77#b7 of such ,code74 7#g7 ,combined heat and power system property ,any combined heat and power system property 7as defined in section #dh7;c77#c7 of such ,code74 7#h7 ,geothermal heat pump property ,any property described in clause 7vii7 of section #dh7;a77#c77;,a7 of such ,code4 ,such term shall not include any property unless depreciation 7or amortization in lieu of depreciation7 is allowable with respect to such property4 7e7 ,application of certain rules ,in making grants under this section1 the ,secretary of the ,treasury shall apply rules similar to the rules of section #ej of the ,internal ,revenue ,code of #aihf 7other than subsection 7b77#c7 thereof74 ,in applying such rules1 if the property is disposed of1 or otherwise ceases to be specified energy property1 the ,secretary of the ,treasury shall provide for the recapture of the appropriate percentage of the grant amount in such manner as the ,secretary of the ,treasury determines appropriate4 7f7 ,eligible entity ,for purposes of this section1 the term eligible entity means any organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7g7 ,definitions ,terms used in this section which are also used in section #de or #dh of the ,internal ,revenue ,code of #aihf shall have the same meaning for purposes of this section as when used in such section #de or #dh4 ,any reference in this section to the ,secretary of the ,treasury shall be treated as including the ,secretary's delegate4 7h7 ,appropriations ,there is hereby appropriated to the ,secretary of the ,treasury such sums as may be necessary to carry out this section4 ,,ii ,saving consumers and businesses money by promoting energy efficiency #cbf4 ,permanent extension of energy efficient commercial buildings deduction 7a7 ,in general ,section #agi;,d of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7h74 7b7 ,update of standard 7#a7 ,in general ,section #agi;,d of the ,internal ,revenue ,code of #aihf is amended by striking ,standard #ij4a-bjjg each place it appears and inserting the applicable ,,ashrae standard4 7#b7 ,applicable ,,ashrae standard ,section #agi;,d7c77#b7 of such ,code is amended to read as follows3 7#b7 ,applicable ,,ashrae standard ,the term applicable ,,ashrae standard means-- 7,a7 ,standard #ij4a-bjac of the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers and the ,illuminating ,engineering ,society of ,north ,america1 or 7,b7 in the case of any subsequent standard adopted by the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers which supersedes the standard described in subparagraph 7,a71 such subsequent standard4 4 7c7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjaf4 #cbg4 ,permanent extension of new energy efficient home credit 7a7 ,in general ,section #de,l of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7g74 7b7 ,update of standard 7#a7 ,in general ,section #de,l of the ,internal ,revenue ,code of #aihf is amended by striking the standards of chapter #d of the #bjjf ,international ,energy ,conservation ,code1 as such ,code 7including supplements7 is in effect on ,january #a1 #bjjf each place it appears and inserting the applicable standards4 7#b7 ,applicable standards ,section #de,l of such ,code1 as amended by subsection 7a71 is amended by adding at the end the following new subsection3 7g7 ,applicable standards ,for purposes of this section1 the term applicable standards means1 with respect to any dwelling unit1 the standards in effect for residential building energy efficiency under the ,international ,energy ,conservation ,code on the first day of the taxable year in which construction for the dwelling unit commenced4 4 7c7 ,effective date ,the amendments made by this section shall apply to homes acquired after ,december #ca1 #bjaf4 #cbh4 ,permanent extension and refundability of credit for nonbusiness energy property 7a7 ,permanent extension ,section #be;,c of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7g74 7b7 ,update of standards 7#a7 ,qualified energy efficiency improvements 7,a7 ,in general ,section #be;,c7c77#b77;,c7 of the ,internal ,revenue ,code of #aihf is amended by striking the prescriptive criteria for such component established by the #bjji ,international ,energy ,conservation ,code1 as such ,code 7including supplements7 is in effect on the date of the enactment of the ,american ,recovery and ,reinvestment ,tax ,act of #bjji and inserting the applicable ,,iecc standards4 7,b7 ,applicable ,,iecc standards ,section #be;,c7c7 of such ,code is amended by adding at the end the following new paragraph3 7#e7 ,applicable ,,iecc standards ,for purposes of this section1 the term applicable ,,iecc standards means1 with respect to any building envelope component1 the prescriptive criteria for such component in effect under the ,international ,energy ,conservation ,code on the first day of the taxable year for which the credit is allowed4 4 7#b7 ,energy efficient property 7,a7 ,heat pumps and air conditioners 7i7 ,in general ,section #be;,c7d77#c7 of the ,internal ,revenue ,code of #aihf is amended by striking the ,consortium for ,energy ,efficiency1 as in effect on ,january #a1 #bjji each place it appears and inserting the applicable ,,cee standards4 7ii7 ,applicable ,,cee standards ,section #be;,c7d7 of such ,code is amended by adding at the end the following new paragraph3 7#g7 ,applicable ,,cee standards ,for purposes of this section1 the term applicable ,,cee standards means1 with respect to any property1 the standards established by the ,consortium for ,energy ,efficiency that are in effect for such property on the first day of the taxable year for which the credit is allowed4 4 7,b7 ,other energy efficient building property ,paragraph 7#c7 of section #be;,c7d7 of such ,code is amended-- 7i7 in subparagraph 7,a71 by inserting and meets ,energy ,star program certification requirements as of the first day of the taxable year in which the property placed in service after procedure1 7ii7 in subparagraph 7,c71 by inserting and meets ,energy ,star program certification requirements as of the first day of the taxable year in which the property placed in service after #ij percent1 and 7iii7 in subparagraph 7,e7-- 7,i7 by striking and which and inserting which1 and 7,,ii7 by inserting 1 and which meets ,energy ,star program certification requirements as of the first day of the taxable year in which the property placed in service after #ge percent4 7,c7 ,furnaces and hot water boilers ,paragraph 7#d7 of section #be;,c7d7 of such ,code is amended by inserting and meets ,energy ,star program certification requirements as of the first day of the taxable year in which the property placed in service after #ie4 7,d7 ,advanced main air circulating fans ,paragraph 7#e7 of section #be;,c7d7 of such ,code is amended-- 7i7 by striking and which and inserting 1 which1 and 7ii7 by inserting 1 and which meets ,energy ,star program certification requirements as of the first day of the taxable year in which the property placed in service after test procedures74 7c7 ,credit made refundable 7#a7 ,credit moved to subpart relating to refundable credits ,the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by redesignating section #be;,c as section #cf;,c1 and 7,b7 by moving section #cf;,c 7as amended by subsections 7a7 and 7b7 and as redesignated by subparagraph 7,a77 from subpart ,a of part ,,iv of subchapter ,a of chapter #a to the location immediately before section #cg in subpart ,c of part ,,iv of subchapter ,a of chapter #a4 7#b7 ,conforming amendments 7,a7 ,section #ajaf7;a77#cc7 of such ,code is amended-- 7i7 by striking section #be;,c7f7 and inserting section #cf;,c7f71 and 7ii7 by striking under section #be;,c and inserting under section #cf;,c4 7,b7 ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by striking the item relating to section #be;,c4 7,c7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7,d7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #cf;,b the following new item3 #cf;,c4 ,nonbusiness energy property4 4 7d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjaf4 #cbi4 ,permanent extension1 modification1 and refundability of credit for residential energy efficient property 7a7 ,permanent extension ,section #be;,d of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7h74 7b7 ,maintenance of phaseout percentage for certain solar property ,paragraph 7#c7 of section #be;,d7g7 of the ,internal ,revenue ,code of #aihf is amended by striking and before ,january #a1 #bjbb14 7c7 ,credit allowed for energy storage property 7#a7 ,in general ,section #be;,d7a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#f7 #cj percent of the qualified energy storage property expenditures made by the taxpayer during the taxable year4 4 7#b7 ,qualified energy storage property expenditures ,section #be;,d7d7 of such ,code is amended by adding at the end the following new paragraph3 7#f7 ,qualified energy storage property expenditure ,the term qualified energy storage property expenditure means an expenditure for property-- 7,a7 which is-- 7i7 located in a dwelling unit located in the ,united ,states and used by the taxpayer as a residence1 7ii7 directly connected to the electrical grid1 and 7iii7 designed to receive electrical energy1 to store such energy1 and-- 7,i7 to convert such energy to electricity and deliver such electricity for sale1 or 7,,ii7 to use such energy to provide improved reliability or economic benefits to the grid1 or 7,b7 which is-- 7i7 part of a dwelling unit located in the ,united ,states which is-- 7,i7 connected to the electrical grid1 and 7,,ii7 used by the taxpayer as a residence1 7ii7 connected to-- 7,i7 qualified solar electric property1 or 7,,ii7 qualified small wind energy property1 and 7iii7 designed to receive electrical energy1 store such energy1 and to convert such energy to electricity for use by the taxpayer4 4 7d7 ,credit made refundable 7#a7 ,credit moved to subpart relating to refundable credits ,the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by redesignating section #be;,d as section #cf;,d1 and 7,b7 by moving section #cf;,d 7as amended by subsections 7a7 and 7b7 and as redesignated by subparagraph 7,a77 from subpart ,a of part ,,iv of subchapter ,a of chapter #a to the location immediately before section #cg in subpart ,c of part ,,iv of subchapter ,a of chapter #a 7as amended by section #cbc74 7#b7 ,conforming amendments 7,a7 ,section #cf;,c7e77#a7 of the ,internal ,revenue ,code of #aihf 7as redesignated by section #cbc7 is amended by striking #be;,d7e7 and inserting #cf;,d7e74 7,b7 ,section #de7;d77#a7 of such ,code is amended by striking section #be;,d and inserting section #cf;,d4 7,c7 ,section #ajaf7;a77#cd7 of such ,code is amended-- 7i7 by striking section #be;,d7f7 and inserting section #cf;,d7f71 and 7ii7 by striking under section #be;,d and inserting under section #cf;,d4 7,d7 ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by striking the item relating to section #be;,d4 7,e7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 as amended by this ,act1 is amended by inserting #cf;,d1 after #cf;,c14 7,f7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf1 as amended by this ,act1 is amended by inserting after the item relating to section #cf;,c the following new item3 #cf;,d4 ,residential energy efficient property4 4 7e7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjaf4 ,,iv ,electrifying the energy economy ,a ,general provisions #dja4 ,national zero-emission vehicle standard 7a7 ,national zero-,emission vehicle standard ,part ,a of title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq47 is amended by adding at the end the following3 #bbj4 ,national zero-emission vehicle standard 7a7 ,definitions ,in this section3 7#a7 ,base quantity of new motor vehicle sales ,the term base quantity of new motor vehicle sales means the total quantity of new motor vehicles sold by a vehicle manufacturer during the most recent calendar year4 7#b7 ,hybrid electric vehicle ,the term hybrid electric vehicle means a new qualified hybrid motor vehicle 7as defined in section #cj;,b7d77#c7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,retire ,the term retire1 with respect to a zero-emission vehicle credit1 means to disqualify the zero-emission vehicle credit for any subsequent use under this section1 including sale1 transfer1 exchange1 or submission in satisfaction of a compliance obligation4 7#d7 ,vehicle manufacturer 7,a7 ,in general ,the term vehicle manufacturer means an entity that-- 7i7 engaged in the manufacturing of new motor vehicles2 and 7ii7 sold not fewer than #ajj new motor vehicles to ultimate purchasers1 either directly or through an affiliate1 such as a dealer4 7,b7 ,exclusions ,the term vehicle manufacturer does not include-- 7i7 a motor vehicle parts supplier2 or 7ii7 a dealer4 7#e7 ,zero-emission vehicle ,the term zero-emission vehicle means a motor vehicle that produces zero exhaust emissions of any criteria pollutant1 precursor pollutant1 or greenhouse gas in any mode of operation or condition1 as determined by the ,administrator4 7b7 ,compliance ,for calendar year #bjcj and each calendar year thereafter1 each vehicle manufacturer shall meet the requirements of subsections 7c7 and 7d7 by submitting to the ,administrator1 not later than ,april #a of the following calendar year1 as applicable-- 7#a7 for a vehicle manufacturer that fails to meet the minimum required percentage of new zero-emission vehicle sales for the applicable calendar year1 as determined under subsection 7c71 a quantity of zero-emission vehicle credits sufficient to offset that excess1 as determined by the ,administrator2 or 7#b7 for a vehicle manufacturer that meets or exceeds the minimum required percentage of new zero-emission vehicle sales for the applicable calendar year1 as determined under subsection 7c71 a certification of that compliance1 as the ,administrator determines to be appropriate4 7c7 ,minimum required annual percentage of new zero-,emission vehicle sales ,for calendar years #bjcj through #bjdj1 in annual increments1 the minimum annual percentage of the base quantity of new motor vehicle sales of a vehicle manufacturer that shall be zero-emission vehicles1 or otherwise credited towards the percentage requirement pursuant to subsection 7e71 shall be the applicable percentage specified in the following table3 ,minimum ,required ,annual ,percentage of ,new ,zero-,emission ,vehicle ,sales,calendar ,year,percentage#bjcjej4jbjcaee4jbjcbfj4 jbjccfe4jbjcdgj4jbjcege4jbjcfhj4jbjcghe4 jbjchij4jbjciie4jbjdjajj4j4 7d7 ,requirement for #bjdj and thereafter ,for calendar year #bjdj and each calendar year thereafter1 a vehicle manufacturer shall sell only zero-emission vehicles4 7e7 ,zero-,emission vehicle credits 7#a7 ,in general ,a vehicle manufacturer may satisfy the requirements of subsection 7b7 through the submission of zero-emission vehicle credits-- 7,a7 issued to the vehicle manufacturer under subsection 7f72 or 7,b7 obtained by purchase1 transfer1 or exchange under subsection 7g74 7#b7 ,limitation ,a zero-emission vehicle credit may be counted toward compliance with subsection 7b7 only once4 7f7 ,issuance of zero-,emission vehicle credits 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,administrator shall establish by rule a program-- 7,a7 to verify and issue zero-emission vehicle credits to vehicle manufacturers2 7,b7 to track the sale1 transfer1 exchange1 carry over1 and retirement of zero-emission vehicle credits2 and 7,c7 to enforce the requirements of this section4 7#b7 ,application 7,a7 ,in general ,a vehicle manufacturer that sold1 either directly or through an affiliate1 such as a dealer1 a new zero-emission vehicle or a hybrid electric vehicle in the ,united ,states may apply to the ,administrator for the issuance of a zero-emission vehicle credit4 7,b7 ,eligibility ,to be eligible for the issuance of a zero-emission vehicle credit1 a vehicle manufacturer shall demonstrate to the ,administrator that the vehicle manufacturer sold #a or more zero-emission vehicles or hybrid electric vehicles in the previous calendar year4 7,c7 ,contents ,the application shall indicate-- 7i7 the type of zero-emission vehicle or hybrid electric vehicle that was sold2 7ii7 the ,state in which the zero-emission vehicle or hybrid electric vehicle was sold2 and 7iii7 any other information determined to be appropriate by the ,administrator4 7,d7 ,aggregation ,an application for a zero-emission vehicle credit under subparagraph 7,a7 may aggregate information on all zero-emission vehicles and hybrid electric vehicles sold by the vehicle manufacturer in the applicable calendar year4 7#c7 ,quantity of zero-emission vehicle credits 7,a7 ,zero-emission vehicles ,the ,administrator shall issue to a vehicle manufacturer the application under paragraph 7#b7 of which is approved #a zero-emission vehicle credit for each zero-emission vehicle sold in the ,united ,states4 7,b7 ,hybrid electric vehicles ,for a hybrid electric vehicle sold by a vehicle manufacturer the application under paragraph 7#b7 of which is approved1 the ,administrator shall issue a partial zero-emission vehicle credit based on the estimated proportion of the mileage driven on the battery of the hybrid electric vehicle1 as determined by the ,administrator4 7,c7 ,fuel-efficient vehicles ,the ,administrator may issue a partial zero-emission vehicle credit for a motor vehicle that consumes less gasoline1 as compared to comparable motor vehicles 7as identified by the ,administrator71 based on the estimated proportion of fuel savings1 determined by the ,administrator4 7,d7 ,credit banking ,a zero-emission vehicle credit issued for any calendar year that is not submitted to comply with the minimum annual percentage of new zero-emission vehicles requirement of subsection 7c7 during that calendar year may be carried forward for use pursuant to subsection 7b77#a7 within the next #e years1 but not later than #bjdj4 7g7 ,zero-,emission vehicle credit trading 7#a7 ,in general ,a zero-emission vehicle credit for any calendar year before #bjdj that is not submitted to the ,administrator to comply with the minimum annual percentage of new zero-emission vehicles requirement of subsection 7c7 for that calendar year may be sold1 transferred1 or exchanged by the vehicle manufacturer to which the credit is issued or by any other entity that acquires the zero-emission vehicle credit4 7#b7 ,delegation ,the ,administrator may delegate to an appropriate market-making entity the administration of a national tradeable zero-emission vehicle credit market for purposes of creating a transparent national market for the sale or trade of zero-emission vehicle credits4 7h7 ,zero-,emission vehicle credit retirement 7#a7 ,in general ,any entity that obtains legal rights to a zero-emission vehicle credit may retire the zero-emission vehicle credit in any calendar year4 7#b7 ,use of retired zero-emission vehicle credit ,a zero-emission vehicle credit retired under paragraph 7#a7 may not be used for compliance with subsection 7b7 in-- 7,a7 the calendar year in which the zero-emission vehicle credit is retired2 or 7,b7 any subsequent calendar year4 7i7 ,information collection ,the ,administrator may collect the information necessary to verify and audit-- 7#a7 the annual sales of motor vehicles of any vehicle manufacturer2 7#b7 a zero-emission vehicle credit submitted by a vehicle manufacturer pursuant to subsection 7b77#a72 7#c7 the validity of a zero-emission vehicle credit submitted for compliance by a vehicle manufacturer to the ,administrator2 and 7#d7 the quantity of motor vehicle sales in the ,united ,states of all vehicle manufacturers4 7j7 ,state programs 7#a7 ,in general ,nothing in this section diminishes any authority of a ,state or political subdivision of a ,state to adopt or enforce any law 7including regulations7 relating to motor vehicles4 7#b7 ,compliance with section ,no law or regulation of a ,state or political subdivision of a ,state shall relieve any vehicle manufacturer from compliance with any requirement otherwise applicable under this section4 7k7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,administrator shall promulgate regulations to implement this section4 7l7 ,enforcement 7#a7 ,civil penalty 7,a7 ,in general ,a vehicle manufacturer that fails to comply with subsection 7b7 shall be liable for a civil penalty1 assessed by the ,administrator1 in an amount that is equal to twice the average value of the aggregate quantity of zero-emission vehicle credits that the vehicle manufacturer failed to submit in violation of that subsection1 as determined by the ,administrator4 7,b7 ,enforcement ,the ,administrator shall assess any civil penalty under subparagraph 7,a74 7,c7 ,deposit ,with respect to any civil penalty paid to the ,administrator pursuant to subparagraph 7,a71 the ,administrator shall deposit the amount in the ,climate ,fund established by section #gjb7;a7 of the #ajj by '#ej ,act4 7#b7 ,injunction ,after calendar year #bjdj1 the ,administrator may issue an injunction on the manufacture of any motor vehicles other than zero-emission vehicles by a vehicle manufacturer4 4 7b7 ,table of contents amendment ,the table of contents of the ,clean ,air ,act 7#db ,u4,s4,c4 prec4 #gdja7 is amended by adding at the end of the items relating to part ,a of title ,,ii the following3 ,sec4 #bbj4 ,zero-emission vehicle standard4 4 #djb4 ,carbon fee for aviation1 maritime transportation1 and rail 7a7 ,definitions ,in this section3 7#a7 ,carbon fee ,the term carbon fee means the carbon fee imposed under subsection 7b74 7#b7 ,carbon polluting substance ,the term carbon polluting substance means coal 7including lignite and peat71 petroleum and any petroleum product1 or natural gas that1 when combusted or otherwise used1 will release greenhouse gas emissions4 7#c7 ,commercial aviation ,the term commercial aviation means any aircraft operation involving the transportation of passengers1 cargo1 or mail for hire4 7#d7 ,maritime transportation ,the term maritime transportation means the shipment of goods1 cargo1 and people by sea and other waterways4 7b7 ,carbon fee ,the ,secretary of the ,treasury1 in consultation with the ,council1 shall impose a carbon fee1 in accordance with this section1 on any owner or operator of an entity within the eligible sectors listed in subsection 7d7 to transition those sectors away from fossil fuel usage4 7c7 ,amount 7#a7 ,in general ,the amount of the carbon fee shall be assessed per ton of carbon dioxide equivalent 7including carbon dioxide equivalent content of methane7 of the carbon polluting substance used as fuel1 as determined by the ,council4 7#b7 ,fractional part of ton ,in the case of a fraction of a ton of a carbon polluting substance1 the carbon fee shall be the same fraction of the amount of the fee imposed on a whole ton of the carbon polluting substance4 7#c7 ,applicable amount ,for purposes of this subsection1 the amount of the carbon fee shall be not less than the social cost of carbon1 as determined by the ,administrator4 7d7 ,eligible sectors ,an owner or operator of an entity shall be subject to a carbon fee if the entity is a part of-- 7#a7 commercial aviation2 7#b7 maritime transportation2 or 7#c7 rail4 7e7 ,use of collected carbon fee ,funds collected under this section shall be used1 as determined by the ,council1 to establish or fund programs1 including those established under section #djf1 to assist eligible sectors described in subsection 7d7 with transitioning away from fossil fuel usage4 #djc4 ,accelerating the deployment of zero-emission vehicles in communities 7a7 ,definitions ,in this section3 7#a7 ,charging infrastructure ,the term charging infrastructure means any property 7not including a building7 used for the recharging of a zero-emission vehicle1 including electrical panel upgrades1 wiring1 conduits1 trenching1 pedestals1 and related equipment4 7#b7 ,deployment community ,the term deployment community means a community selected by the ,secretary to be part of the ,program4 7#c7 ,federal-aid system of highways ,the term ,federal-aid system of highways means the ,national ,highway ,system described in section #ajc of title #bc1 ,united ,states ,code4 7#d7 ,program ,the term ,program means the zero-emission vehicle deployment community program established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a zero-emission vehicle deployment communities program4 7#b7 ,existing activities ,in carrying out the ,program1 the ,secretary shall coordinate and supplement1 not supplant1 any ongoing zero-emission vehicle deployment activities under section #aca of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa74 7#c7 ,deployment 7,a7 ,in general ,the ,secretary shall establish a competitive process to select deployment communities for the ,program4 7,b7 ,eligible entities ,in selecting participants for the ,program1 the ,secretary shall only consider applications submitted by ,state1 tribal1 or local government entities 7or groups of ,state1 tribal1 or local government entities74 7,c7 ,selection ,not later than #a year after the date of enactment of this ,act and not later than #a year after the date on which any subsequent amounts are appropriated for the ,program1 the ,secretary shall select the deployment communities under this paragraph4 7c7 ,goals ,the goals of the ,program are-- 7#a7 to facilitate the rapid deployment of zero-emission vehicles in various regions and regulatory environments1 including-- 7,a7 the deployment of #a1jjj1jjj zero-emission vehicles in the deployment communities selected under subsection 7d77#b72 7,b7 the near-term achievement of significant market penetration in deployment communities2 and 7,c7 supporting the achievement of significant market penetration nationally2 7#b7 to establish regionally appropriate1 interoperable models for the rapid deployment of zero-emission vehicles nationally1 including regionally appropriate approaches for the cost-effective deployment of a sufficient quantity of single-family and multifamily residential1 workplace1 and publicly available charging infrastructure or zero-emission vehicle-refueling infrastructure2 7#c7 to increase consumer knowledge and acceptance of1 and exposure to1 zero-emission vehicles2 7#d7 to encourage the innovation and investment necessary to achieve mass market deployment of zero-emission vehicles2 7#e7 to demonstrate the integration of zero-emission vehicles into electricity distribution systems and the larger electric grid while maintaining or improving grid system performance1 security1 and reliability2 7#f7 to demonstrate protocols and communication standards that facilitate vehicle integration into the grid and provide seamless charging for consumers traveling through multiple utility distribution systems2 7#g7 to investigate differences among deployment communities and to develop best practices for implementing vehicle electrification in various communities1 including best practices for planning for and facilitating the construction of residential1 workplace1 and publicly available infrastructure to support zero-emission vehicles2 7#h7 to collect comprehensive data on the purchase and use of zero-emission vehicles1 including charging or refueling profile data at unit and aggregate levels1 to inform best practices for rapidly deploying zero-emission vehicles in other locations1 including for the installation of charging infrastructure or zero-emission vehicle-refueling infrastructure2 7#i7 to reduce and displace petroleum use and reduce greenhouse gas emissions by accelerating the deployment of zero-emission vehicles in the ,united ,states2 and 7#aj7 to increase domestic manufacturing capacity and commercialization in a manner that will establish the ,united ,states as a world leader in zero-emission vehicle technologies4 7d7 ,deployment community selection criteria 7#a7 ,in general ,the ,secretary shall ensure1 to the maximum extent practicable1 that selected deployment communities serve as models of deployment for various communities across the ,united ,states4 7#b7 ,selection ,in selecting communities under this section1 the ,secretary-- 7,a7 shall ensure1 to the maximum extent practicable1 that-- 7i7 the combination of selected communities is diverse in population1 population density1 demographics1 urban and suburban composition1 typical commuting patterns1 climate1 and type of utility 7including investor-owned1 publicly owned1 cooperatively owned1 distribution-only1 and vertically integrated utilities72 7ii7 the combination of selected communities is diverse in geographical distribution1 and at least #a deployment community is located in each ,petroleum ,administration for ,defense ,district2 7iii7 at least #a deployment community selected has a population of less than #ejj1jjj2 7iv7 grants are of a sufficient amount such that each deployment community will achieve significant market penetration1 particularly into the mainstream consumer market2 and 7v7 the deployment communities are representative of other communities across the ,united ,states2 7,b7 is encouraged to select a combination of deployment communities that includes multiple models or approaches for deploying zero-emission vehicles that the ,secretary believes are reasonably likely to be effective1 including multiple approaches to the deployment of charging infrastructure or zero-emission vehicle-refueling infrastructure2 7,c7 shall prioritize deployment communities that demonstrate affordable modes of access to zero-emission vehicles for low-income communities and disadvantaged communities2 7,d7 in addition to the criteria described in subparagraph 7,a71 may give preference to applicants proposing a greater non-,federal cost share2 and 7,e7 when considering deployment community plans1 shall take into account previous ,department of ,energy and other ,federal investments to ensure that the maximum domestic benefit from ,federal investments is realized4 7#c7 ,criteria 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 and not later than #ij days after the date on which any subsequent amounts are appropriated for the ,program1 the ,secretary shall publish criteria for the selection of deployment communities that include requirements that applications be submitted by a ,state1 tribal1 or local government entity 7or groups of ,state1 tribal1 or local government entities74 7,b7 ,application requirements ,the criteria published by the ,secretary under subparagraph 7,a7 shall include application requirements that1 at a minimum1 include-- 7i7 achievable goals and methodologies for-- 7,i7 the number of zero-emission vehicles to be deployed in the community2 7,,ii7 the expected percentage of light-duty vehicle sales that would be sales of zero-emission vehicles2 7,,iii7 the adoption of zero-emission vehicles 7including medium- or heavy-duty vehicles7 in private and public fleets during the #c-year duration of the ,program2 and 7,,iv7 a method to generate revenue to maintain the infrastructure investments made by the ,program after the termination of the ,program2 7ii7 data that demonstrate that-- 7,i7 the public is likely to embrace zero-emission vehicles1 which may include-- 7aa7 the quantity of zero-emission vehicles purchased2 7bb7 the number of individuals on a waiting list to purchase a zero-emission vehicle2 7cc7 projections of the quantity of zero-emission vehicles supplied to dealers2 and 7dd7 any assessment of the quantity of charging infrastructure or zero-emission vehicle-refueling infrastructure installed or for which permits have been issued2 and 7,,ii7 automobile manufacturers and dealers will be able to provide and service the targeted number of zero-emission vehicles in the community for the duration of the program2 7iii7 clearly defined geographical boundaries of the proposed deployment area2 7iv7 a community deployment plan for the deployment of zero-emission vehicles1 charging infrastructure or zero-emission vehicle-refueling infrastructure1 and services in the community2 7v7 assurances that a majority of the vehicle deployments anticipated in the plan will be personal vehicles authorized to travel on the ,federal-aid system of highways1 and secondarily1 private or public sector zero-emission fleet vehicles1 but may also include-- 7,i7 private or public sector zero-emission fleet vehicles2 7,,ii7 medium- and heavy-duty zero-emission vehicles2 and 7,,iii7 any other zero-emission vehicle authorized to travel on the ,federal-aid system of highways2 and 7vi7 any other merit-based criteria1 as determined by the ,secretary4 7#d7 ,community deployment plans ,plans for the deployment of zero-emission vehicles shall include-- 7,a7 a proposed level of cost sharing in accordance with subsection 7e77#b77;,c72 7,b7 documentation demonstrating a deployment community project involving relevant stakeholders1 including-- 7i7 a list of stakeholders that includes-- 7,i7 elected and appointed officials from each of the participating ,state1 local1 and tribal governments2 7,,ii7 all relevant generators and distributors of electricity2 7,,iii7 ,state utility regulatory authorities2 7,,iv7 departments of public works and transportation2 7,v7 owners and operators of property that will be essential to the deployment of a sufficient level of publicly available charging infrastructure or zero-emission vehicle-refueling infrastructure 7including privately owned parking lots or structures and commercial entities with public access locations72 7,,vi7 zero-emission vehicle manufacturers or retailers2 7,,vii7 third-party providers of residential1 workplace1 private1 and publicly available charging infrastructure or zero-emission vehicle-refueling infrastructure or services2 7,,viii7 owners of any major fleet that will participate in the applicable deployment community project2 7,,ix7 as appropriate1 owners and operators of regional electric power distribution and transmission facilities2 and 7,x7 as appropriate1 other existing deployment community coalitions recognized by the ,department of ,energy2 7ii7 evidence of the commitment of the stakeholders to participate in the project2 7iii7 a clear description of the role and responsibilities of each stakeholder2 and 7iv7 a plan for continuing the engagement and participation of the stakeholders1 as appropriate1 throughout the implementation of the deployment plan2 7,c7 a description of the number of zero-emission vehicles anticipated to be zero-emission personal vehicles and the number of zero-emission vehicles anticipated to be privately owned fleet or public fleet vehicles2 7,d7 a plan for deploying residential1 workplace1 private1 and publicly available charging infrastructure or zero-emission vehicle-refueling infrastructure1 including-- 7i7 an assessment of the number of consumers who will have access to private residential charging infrastructure or zero-emission vehicle-refueling infrastructure in single-family or multifamily residences2 7ii7 options for accommodating zero-emission vehicle owners who are not able to charge vehicles at their place of residence2 7iii7 an assessment of the number of consumers who will have access to workplace charging infrastructure or zero-emission vehicle-refueling infrastructure2 7iv7 a plan for ensuring that the charging infrastructure or zero-emission vehicle be able to send and receive the information needed to interact with the grid and be compatible with smart grid technologies to the extent feasible2 7v7 an estimate of the number and distribution of publicly and privately owned charging or refueling stations that will be publicly or commercially available2 7vi7 an estimate of the quantity of charging infrastructure or zero-emission vehicle-refueling infrastructure that will be privately funded or located on private property2 and 7vii7 a description of equipment to be deployed1 including assurances that1 to the maximum extent practicable1 equipment to be deployed will meet open1 nonproprietary standards for connecting to zero-emission vehicles that-- 7,i7 are commonly accepted by industry at the time the equipment is being acquired2 or 7,,ii7 meet the standards developed by the ,director of the ,national ,institute of ,standards and ,technology under section #acje of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agche72 7,e7 #a or more plans for effective marketing of and consumer education relating to zero-emission vehicles1 charging or refueling services1 and charging infrastructure2 7,f7 descriptions of updated building codes 7or a plan to update building codes before or during the grant period7 to include charging infrastructure or dedicated circuits for charging infrastructure1 as appropriate1 in new construction and major renovations2 7,g7 descriptions of updated construction permitting or inspection processes 7or a plan to update construction permitting or inspection processes7 to allow for expedited installation of charging infrastructure or zero-emission vehicle-refueling infrastructure for purchasers of zero-emission vehicles1 including a permitting process that allows a vehicle purchaser to have charging infrastructure or zero-emission vehicle-refueling infrastructure installed in a timely manner2 7,h7 descriptions of updated zoning1 parking rules1 or other local ordinances as are necessary to facilitate the installation of publicly available charging infrastructure or zero-emission vehicle-refueling infrastructure and to allow for access to publicly available charging infrastructure or zero-emission vehicle-refueling infrastructure1 as appropriate2 7,i7 descriptions of incentives for residents in a deployment community who purchase and register a new zero-emission vehicle1 in addition to any ,federal incentives1 including-- 7i7 a rebate of part of the purchase price of the zero-emission vehicle2 7ii7 reductions in sales taxes or registration fees2 7iii7 rebates or reductions in the costs of permitting1 purchasing1 or installing home zero-emission vehicle charging infrastructure or zero-emission vehicle-refueling infrastructure2 and 7iv7 rebates or reductions in ,state or local toll road access charges2 7,j7 additional consumer benefits1 such as preferred parking spaces or single-rider access to high-occupancy vehicle lanes for zero-emission vehicles2 7,k7 a proposed plan for making necessary utility and grid upgrades1 including economically sound and cybersecure information technology upgrades and employee training1 and a plan for recovering the cost of the upgrades2 7,l7 a description of utility1 grid operator1 or 7if appropriate7 competitive charging service providers1 policies1 and plans for accommodating the deployment of zero-emission vehicles1 including-- 7i7 rate structures or competitive charging or refueling service provisions and billing protocols for the charging or refueling of zero-emission vehicles2 7ii7 analysis of potential impacts to the grid2 7iii7 plans for using information technology or third-party aggregators-- 7,i7 to minimize the effects of charging on peak loads2 7,,ii7 to enhance reliability2 and 7,,iii7 to provide other grid benefits2 and 7iv7 plans for working with smart grid technologies or third-party aggregators for the purposes of smart charging and for allowing #b-way communication2 7,m7 a plan for a sustainable business model that will ensure cost effective maintenance1 operation1 and expansion of the charging infrastructure or zero-emission vehicle-refueling infrastructure and charging or refueling services2 7,n7 a deployment timeline2 7,o7 a plan for monitoring and evaluating the implementation of the plan1 including metrics for assessing the success of the deployment and an approach to updating the plan1 as appropriate2 and 7,p7 a description of the manner in which any grant funds applied for under subsection 7e7 will be used and the proposed local cost share for the funds4 7e7 ,applications and grants 7#a7 ,applications 7,a7 ,in general ,not later than #aej days after the date of publication by the ,secretary of selection criteria described in subsection 7d77#c71 any ,state1 tribal1 or local government1 or group of ,state1 tribal1 or local governments may apply to the ,secretary to become a deployment community4 7,b7 ,joint sponsorship 7i7 ,in general ,an application submitted under subparagraph 7,a7 may be jointly sponsored by electric utilities1 automobile manufacturers1 technology providers1 carsharing companies or organizations1 third-party zero-emission vehicle service providers1 or other appropriate entities4 7ii7 ,disbursement of grants ,a grant provided under this subsection shall only be disbursed to a ,state1 tribal1 or local government1 or group of ,state1 tribal1 or local governments1 regardless of whether the application is jointly sponsored under clause 7i74 7#b7 ,grants 7,a7 ,in general ,in each application1 the applicant may request up to #bej1jjj1jjj in financial assistance from the ,secretary to fund projects in the deployment community4 7,b7 ,use of funds ,funds provided through a grant under this paragraph may be used to help implement the plan for the deployment of zero-emission vehicles included in the application1 including-- 7i7 reducing the cost and increasing the consumer adoption of zero-emission vehicles through incentives as described in subsection 7d77#d77;,i72 7ii7 planning for and installing charging infrastructure or zero-emission vehicle-refueling infrastructure1 including offering additional incentives as described in subsection 7d77#d77;,i72 7iii7 updating building codes1 zoning or parking rules1 or permitting or inspection processes as described in subparagraphs 7,f71 7,g71 and 7,h7 of subsection 7d77#d72 7iv7 workforce training1 including training of permitting officials2 7v7 public education and marketing described in the proposed marketing plan2 7vi7 supplementing 7and not supplanting7 the number of zero-emission vehicles that are purchased by ,state1 local1 and tribal governments2 and 7vii7 necessary utility and grid upgrades as described in subsection 7d77#d77,k74 7,c7 ,cost sharing 7i7 ,in general ,a grant provided under this paragraph shall be subject to a minimum non-,federal cost-sharing requirement of #bj percent4 7ii7 ,non-,federal sources ,the ,secretary shall-- 7,i7 determine the appropriate cost share for each selected applicant2 and 7,,ii7 require that not less than #bj percent of the cost of an activity funded by a grant under this paragraph be provided by a non-,federal source4 7iii7 ,reduction ,the ,secretary may reduce or eliminate the cost-sharing requirement described in clause 7i71 as the ,secretary determines to be necessary4 7iv7 ,calculation of amount ,in calculating the amount of the non-,federal share under this section1 the ,secretary-- 7,i7 may include allowable costs in accordance with the applicable cost principles1 including-- 7aa7 cash2 7bb7 personnel costs2 7cc7 the value of a service1 other resource1 or third party in-kind contribution determined in accordance with the applicable circular of the ,office of ,management and ,budget2 7dd7 indirect costs or facilities and administrative costs2 or 7ee7 any funds received under the power program of the ,tennessee ,valley ,authority or any ,power ,marketing ,administration 7except to the extent that such funds are made available under an annual appropriations ,act72 7,,ii7 shall include contributions made by ,state1 tribal1 or local government entities and private entities2 and 7,,iii7 shall not include-- 7aa7 revenues or royalties from the prospective operation of an activity beyond the time considered in the grant2 7bb7 proceeds from the prospective sale of an asset of an activity2 or 7cc7 other appropriated ,federal funds4 7v7 ,repayment of ,federal share ,the ,secretary shall not require repayment of the ,federal share of a cost-shared activity under this section as a condition of providing a grant4 7vi7 ,title to property ,the ,secretary may vest title or other property interests acquired under projects funded under this ,act in any entity1 including the ,united ,states4 7,d7 ,other federal assistance ,the ,secretary shall consider the receipt of other ,federal funds received by the applicant in determining the cost share of the applicant4 7#c7 ,selection ,not later than #abj days after an application deadline has been established under paragraph 7#a71 the ,secretary shall announce the names of the deployment communities selected under this subsection4 7f7 ,reporting requirements 7#a7 ,in general ,the ,secretary shall-- 7,a7 determine what data will be required to be collected by participants in deployment communities and submitted to the ,department of ,energy to allow for analysis of the deployment communities2 7,b7 provide for the protection of consumer privacy1 as appropriate2 and 7,c7 develop metrics to evaluate the performance of the deployment communities4 7#b7 ,provision of data ,as a condition of participation in the ,program1 a deployment community shall provide any data identified by the ,secretary under paragraph 7#a74 7#c7 ,reports 7,a7 ,interim report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress an interim report that contains-- 7i7 a description of the status of-- 7,i7 the deployment communities and the implementation of the deployment plan of each deployment community2 7,,ii7 the rate of vehicle manufacturing deployment and market penetration of zero-emission vehicles2 and 7,,iii7 the deployment of residential and publicly available infrastructure2 7ii7 a description of the challenges experienced and lessons learned from the ,program to date1 including the activities described in clause 7i72 and 7iii7 an analysis of the data collected under this subsection4 7,b7 ,final report ,on completion of the ,program1 the ,secretary shall submit to ,congress a final report that contains-- 7i7 updates on the information described in subparagraph 7,a72 7ii7 a description of the successes and failures of the ,program2 7iii7 recommendations on whether to promote further deployment of zero-emission vehicles2 and 7iv7 if additional deployment communities are recommended1 information on-- 7,i7 the number of additional deployment communities that should be selected2 7,,ii7 the manner in which criteria for selection should be updated2 7,,iii7 the manner in which incentive structures for deployment should be changed2 and 7,,iv7 whether other forms of onboard energy storage for zero-emission vehicles should be included4 7g7 ,proprietary information ,the ,secretary shall1 as appropriate1 provide for the protection of proprietary information and intellectual property rights in carrying out the ,program4 7h7 ,funding ,the ,secretary shall use to carry out this section not more than #ab1ejj1jjj1jjj for each fiscal year from the ,climate ,fund4 #djd4 ,accelerating the deployment of zero-emission vehicle fleets 7a7 ,establishment ,the ,secretary shall establish a zero-emission vehicle private fleet upgrade program 7referred to in this section as the ,program74 7b7 ,competitive grants 7#a7 ,in general ,the ,secretary shall establish a competitive process to select zero-emission vehicle fleets for the ,program to receive grants4 7#b7 ,eligible entities ,in selecting participants for the ,program under paragraph 7#a71 the ,secretary shall only consider applications 7including joint applications7 submitted by companies that-- 7,a7 are private1 nongovernmental entities2 7,b7 are headquartered in the ,united ,states2 and 7,c7 plan to purchase1 or enter into contracts for hire1 not fewer than #ajj zero-emission vehicles4 7#c7 ,selection criteria ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall publish a set of selection criteria for the grant competition that includes-- 7,a7 offering the highest cost-share relative to the value of the ,federal grant offered under the ,program2 7,b7 to the maximum extent practicable1 serving as a model of deployment for other private companies across the ,united ,states2 and 7,c7 meeting other criteria considered appropriate by the ,secretary4 7#d7 ,applications and grants 7,a7 ,in general ,not later than #abj days after the date of publication by the ,secretary of the selection criteria described in paragraph 7#c71 any company that meets the eligibility criteria described in paragraph 7#b7 may apply to the ,secretary to receive a grant4 7,b7 ,grants 7i7 ,in general ,in each application1 the applicant may apply for a grant of not more than #bj1jjj1jjj4 7ii7 ,use of funds ,funds provided through a grant under this subsection may be used-- 7,i7 to purchase zero-emission vehicles2 7,,ii7 to plan for and install zero-emission vehicle charging or refueling infrastructure2 and 7,,iii7 to carry out other activities considered appropriate by the ,secretary4 7iii7 ,cost sharing 7,i7 ,in general ,a grant provided under this subsection shall be subject to a minimum non-,federal cost-sharing requirement of #hj percent4 7,,ii7 ,non-,federal sources ,the ,secretary shall determine the appropriate cost share for each selected applicant4 7,,iii7 ,reduction ,the ,secretary may reduce or eliminate the cost-sharing requirement described in subclause 7,i71 as the ,secretary determines to be necessary4 7,,iv7 ,repayment of ,federal share ,the ,secretary shall not require repayment of the ,federal share of a cost-shared activity under this section as a condition of providing a grant4 7,v7 ,title to property ,the receipt of ,federal funds under this section shall not prohibit the purchaser of a vehicle1 equipment1 or other property from retaining sole1 permanent title to the vehicle1 equipment1 or property at the conclusion of the ,program4 7iv7 ,other ,federal assistance ,the ,secretary shall consider the receipt of other ,federal funds by the applicant in determining the cost share of the applicant4 7,c7 ,selection ,not later than #abj days after the application deadline established under subparagraph 7,a71 the ,secretary shall announce the names of the applicants selected to receive grants under this section4 7#e7 ,reporting requirements 7,a7 ,in general ,the ,secretary shall-- 7i7 determine what data will be required to be collected by participants in the ,program and submitted to the ,secretary to permit analysis of the ,program2 and 7ii7 develop metrics to determine the success of the deployment communities4 7,b7 ,provision of data ,as a condition of participation in the ,program1 an applicant shall provide any data determined by the ,secretary under subparagraph 7,a74 7,c7 ,proprietary information ,in carrying out this paragraph1 the ,secretary shall1 as appropriate1 provide for the protection of proprietary information and intellectual property rights4 7c7 ,funding ,the ,secretary shall use to carry out this section not more than #ab1ejj1jjj1jjj for each fiscal year from the ,climate ,fund4 #dje4 ,decarbonizing ,america's highways 7a7 ,definitions ,in this section3 7#a7 ,alternative fuel route ,the term alternative fuel route means a highway corridor that has been designated under section #aea7;a7 of title #bc1 ,united ,states ,code4 7#b7 ,decarbonization ,the term decarbonization means reducing and eliminating the use of fossil fuels such as coal1 oil1 or natural gas4 7#c7 ,national highway system ,the term ,national ,highway ,system has the meaning given the term in section #aja of title #bc1 ,united ,states ,code4 7#d7 ,program ,the term ,program means the national highway decarbonization program established under subsection 7b74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,establishment ,the ,secretary shall establish a national highway decarbonization program4 7c7 ,goals ,the goals of the ,program are-- 7#a7 to accelerate the deployment of alternative fuel and charging infrastructure along the ,national ,highway ,system2 7#b7 to reduce and displace fossil fuel use and greenhouse gas emissions due to vehicles traveling on the ,national ,highway ,system2 and 7#c7 to encourage the innovation and investment necessary for zero-emissions vehicles to travel long distances4 7d7 ,competitive grants 7#a7 ,in general ,the ,secretary shall establish a competitive process to select projects that lead to the decarbonization of the ,national ,highway ,system and alternative fuel routes through research1 development1 and deployment of the infrastructure and technologies necessary to support long-distance travel of zero-emissions vehicles4 7#b7 ,eligible entities ,in selecting participants for the ,program under paragraph 7#a71 the ,secretary shall only consider applications 7including joint applications7 submitted by entities that-- 7,a7 are private nongovernmental entities2 and 7,b7 are headquartered in the ,united ,states4 7#c7 ,selection criteria ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall publish a set of selection criteria for the grant competition that includes-- 7,a7 offering the highest cost-share relative to the value of the ,federal grant offered under the ,program2 7,b7 to the maximum extent practicable1 serving as a model of deployment for other private entities across the ,united ,states2 and 7,c7 such other criteria as the ,secretary determines to be appropriate4 7#d7 ,applications and grants 7,a7 ,in general ,not later than #abj days after the date of publication by the ,secretary of the selection criteria described in paragraph 7#c71 any eligible entity under paragraph 7#b7 may apply to the ,secretary to receive a grant4 7,b7 ,grants 7i7 ,in general ,in each application1 the applicant may apply for a grant of not more than #ej1jjj1jjj4 7ii7 ,use of funds ,funds provided by a grant under this subsection may be used-- 7,i7 to deploy technologies and infrastructure that support long-distance travel of zero-emissions vehicles1 including-- 7aa7 battery-charging stations2 7bb7 battery-swap facilities2 7cc7 hydrogen refueling stations2 7dd7 catenary systems2 and 7ee7 second-generation advanced biofuels refueling stations2 and 7,,ii7 to carry such other activities as the ,secretary determines to be appropriate4 7iii7 ,cost sharing 7,i7 ,in general ,a grant provided under this subsection shall be subject to a minimum non-,federal cost-sharing requirement of #hj percent4 7,,ii7 ,non-,federal sources ,the ,secretary shall determine the appropriate cost share for each selected applicant4 7,,iii7 ,reduction ,the ,secretary may reduce or eliminate the cost-sharing requirement described in subclause 7,i71 as the ,secretary determines to be necessary4 7,,iv7 ,repayment of ,federal share ,the ,secretary shall not require repayment of the ,federal share of a cost-shared activity under this section as a condition of providing a grant4 7#e7 ,reporting requirements 7,a7 ,in general ,the ,secretary shall-- 7i7 determine what data will be required to be collected by participants in the ,program and submitted to the ,secretary to permit analysis of the ,program2 and 7ii7 develop metrics to determine the success of the deployment communities4 7,b7 ,provision of data ,as a condition of participation in the ,program1 an applicant shall provide any data determined by the ,secretary under subparagraph 7,a74 7,c7 ,proprietary information ,in carrying out this paragraph1 the ,secretary shall1 as appropriate1 provide for the protection of proprietary information and intellectual property rights4 7e7 ,funding ,the ,secretary shall use to carry out this section not more than #b1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 #djf4 ,accelerating the deployment of zero-emission aviation1 rail1 and maritime transportation 7a7 ,definitions ,in this section3 7#a7 ,commercial aviation ,the term commercial aviation means any aircraft operation involving the transportation of passengers1 cargo1 or mail for hire4 7#b7 ,maritime transportation ,the term maritime transportation means the shipment of goods1 cargo1 and people by sea and other waterways4 7#c7 ,program ,the term ,program means the national grant program established under subsection 7b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,establishment ,the ,secretary shall establish a national grant program to promote and accelerate the elimination of fossil fuel usage for the commercial aviation1 maritime transportation1 and rail sectors4 7c7 ,goals ,the goals of the ,program are-- 7#a7 to accelerate the development and deployment of low carbon fuels and alternative fuel technologies for aircraft1 ships1 and rail2 7#b7 to reduce and displace fossil fuel use and greenhouse gas emissions due to the commercial aviation1 maritime transportation and rail sectors2 and 7#c7 to encourage the innovation and investment necessary for reaching the purpose of this section described in subsection 7d77#a7 by #bjej4 7d7 ,competitive grants 7#a7 ,in general ,the ,secretary shall establish a competitive process to select projects that lead to the reduction of fossil fuels use in the commercial aviation1 maritime transportation1 and rail sectors4 7#b7 ,eligible entities ,in selecting participants for the ,program under paragraph 7#a71 the ,secretary shall only consider an application 7including a joint application7 submitted by an applicant that is-- 7,a7 a private1 nongovernmental entity that is headquartered in the ,united ,states2 7,b7 a ,state2 7,c7 a group of ,states2 7,d7 an ,interstate ,compact2 7,e7 a public agency established by #a or more ,states2 or 7,f7 an ,indian tribe or tribal organization4 7#c7 ,selection criteria ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall publish a set of selection criteria for the grant competition that includes-- 7,a7 offering the highest cost-share relative to the value of the ,federal grant offered under the ,program2 7,b7 to the maximum extent practicable1 serving as a model of research1 development1 and deployment for other private entities across the ,united ,states2 and 7,c7 meeting such other criteria as the ,secretary determines to be appropriate4 7#d7 ,applications and grants 7,a7 ,in general ,not later than #abj days after the date of publication by the ,secretary of the selection criteria described in paragraph 7#c71 any entity that meets the eligibility criteria described in paragraph 7#b7 may apply to the ,secretary to receive a grant4 7,b7 ,grants 7i7 ,in general ,in each application1 the applicant may apply for a grant of not more than #ajj1jjj1jjj4 7ii7 ,use of funds ,funds provided by a grant under this subsection may be used-- 7,i7 primarily to deploy zero emissions and alternative fuel technologies for commercial aviation1 maritime transportation1 and rail including-- 7aa7 electrification2 7bb7 hydrogen fuel cells2 7cc7 second-generation advanced biofuels2 and 7dd7 fuel efficiency2 and 7,,ii7 to carry out other activities considered appropriate by the ,secretary4 7iii7 ,cost sharing 7,i7 ,in general ,a grant provided under this subsection shall be subject to a minimum non-,federal cost-sharing requirement of #hj percent4 7,,ii7 ,non-,federal sources ,the ,secretary shall determine the appropriate cost share for each selected applicant4 7,,iii7 ,reduction ,the ,secretary may reduce or eliminate the cost-sharing requirement described in subclause 7,i71 as the ,secretary determines to be necessary4 7,,iv7 ,repayment of ,federal share ,the ,secretary shall not require repayment of the ,federal share of a cost-shared activity under this section as a condition of providing a grant4 7#e7 ,reporting requirements 7,a7 ,in general ,the ,secretary shall-- 7i7 determine what data will be required to be collected by participants in the ,program and submitted to the ,secretary to permit analysis of the ,program2 and 7ii7 develop metrics to determine the success of the deployment communities4 7,b7 ,provision of data ,as a condition of participation in the ,program1 an applicant shall provide any data determined by the ,secretary under subparagraph 7,a74 7,c7 ,proprietary information ,in carrying out this paragraph1 the ,secretary shall1 as appropriate1 provide for the protection of proprietary information and intellectual property rights4 7e7 ,funding ,the ,secretary shall use to carry out the ,program-- 7#a7 climate fees imposed under section #djb2 and 7#b7 not more than #ab1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 #djg4 ,accelerating the deployment of zero-emission residential and commercial heating 7a7 ,definitions ,in this section3 7#a7 ,fossil fuel heating system ,the term fossil fuel heating system means any boiler1 furnace1 hot water heater1 or forced air system that uses coal1 oil1 natural gas1 propane1 or any other fossil fuel1 as determined by the ,secretary4 7#b7 ,program ,the term ,program means the zero-emission residential and commercial heating program established under subsection 7b74 7#c7 ,retail electric supplier ,the term retail electric supplier means an entity that sold not less than #a1jjj megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year4 7#d7 ,retail natural gas supplier ,the term retail natural gas supplier means an entity that sold not less than #ajj1jjj cubic feet of natural gas to natural gas customers for purposes other than resale during the preceding calendar year4 7b7 ,establishment ,the ,secretary shall establish a zero-emission residential and commercial heating program4 7c7 ,competitive grants 7#a7 ,in general ,the ,secretary shall establish a competitive process for the ,program to make grants4 7#b7 ,eligible entities ,in selecting participants for the ,program1 the ,secretary shall only consider applications 7including joint applications7 submitted by-- 7,a7 retail electric suppliers2 7,b7 retail natural gas suppliers2 7,c7 ,states2 and 7,d7 ,indian tribes4 7#c7 ,selection criteria 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 and not later than #ij days after the date on which any subsequent amounts are made available for the ,program1 the ,secretary shall publish criteria for the selection of applicants1 including criteria prioritizing applications-- 7i7 with the highest non-,federal cost share relative to the value of the ,federal grant offered under the ,program2 7ii7 that deliver the most rapid reductions in emissions due to fossil fuel heating energy2 and 7iii7 that meet other criteria considered appropriate by the ,secretary4 7,b7 ,application requirements ,the applications submitted by eligible entities under paragraph 7#b7 shall describe how selection criteria under subparagraph 7,a7 are met1 including a description of-- 7i7 the non-,federal cost-share2 and 7ii7 the manner in which the applicant will measure and verify the planned energy savings4 7#d7 ,applications and grants 7,a7 ,in general ,not later than #abj days after the date of publication by the ,secretary of the selection criteria described in paragraph 7#c71 any entity that meets the eligibility criteria described in paragraph 7#b7 may apply to the ,secretary to receive a grant4 7,b7 ,grants 7i7 ,in general ,in each application1 the applicant may apply for a grant of not more than #bj1jjj1jjj4 7ii7 ,use of funds ,funds provided by a grant under this subsection may be used-- 7,i7 to replace any fossil fuel heating system with a zero-emission heating system2 7,,ii7 to provide incentives to owners to replace any fossil fuel heating system with a zero-emission heating system2 7,,iii7 to reduce emissions in an existing natural gas distribution system2 and 7,,iv7 to replace any fossil fuel heating system with a heating system that is at least #ej percent more energy efficient4 7iii7 ,cost sharing 7,i7 ,in general ,a grant provided under this subsection to a private1 for-profit entity shall be subject to a minimum non-,federal cost-sharing requirement of #ej percent4 7,,ii7 ,non-,federal sources ,the ,secretary shall determine the appropriate cost share for each selected applicant4 7,,iii7 ,reduction ,the ,secretary may reduce or eliminate the cost-sharing requirement described in subclause 7,i71 as the ,secretary determines to be necessary4 7,,iv7 ,repayment of ,federal share ,the ,secretary shall not require repayment of the ,federal share of a cost-shared activity under this section as a condition of providing a grant4 7iv7 ,other ,federal assistance ,the ,secretary shall consider the receipt of other ,federal funds by the applicant in determining the cost share of the applicant4 7,c7 ,selection ,not later than #abj days after the application deadline established under subparagraph 7,a71 the ,secretary shall announce the applicants selected to receive grants under this section4 7#e7 ,reporting requirements 7,a7 ,in general ,the ,secretary shall determine what data will be required to be collected by participants in the ,program and submitted to the ,secretary to permit analysis of the ,program4 7,b7 ,provision of data ,as a condition of participation in the ,program1 an applicant shall provide any data determined by the ,secretary under subparagraph 7,a74 7,c7 ,proprietary information ,in carrying out this paragraph1 the ,secretary shall1 as appropriate1 provide for the protection of proprietary information and intellectual property rights4 7#f7 ,additional authorities ,to ensure the transition to #ajj percent clean and renewable energy by #bjej1 starting in #bjce1 the ,secretary1 in consultation with the ,council1 shall have the authority to set standards for residential and commercial heating systems that eliminate fossil fuel emissions by #bjej4 7d7 ,funding ,the ,secretary shall use to carry out this section not more than #aj1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 ,b ,helping ,americans move beyond oil #daa4 ,permanent extension1 increase1 and refundability of credit for qualified new plug in electric drive motor vehicles 7a7 ,repeal of phaseout ,section #cj;,d of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7e74 7b7 ,extension for #b-,wheeled vehicles ,subparagraph 7,e7 of section #cj;,d7g77#c7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7,e7 is acquired-- 7i7 in the case of a vehicle that has #b wheels1 after ,december #ca1 #bjad1 and 7ii7 in the case of a vehicle that has #c wheels1 after ,december #ca1 #bjag4 4 7c7 ,increase in dollar limitation for battery capacity ,paragraph 7#c7 of section #cj;,d7b7 of the ,internal ,revenue ,code of #aihf is amended by striking #e1jjj and inserting #g1ejj4 7d7 ,personal credit made refundable 7#a7 ,in general ,section #cj;,d7c77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking subpart ,a and inserting subpart ,c4 7#b7 ,technical amendment ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 as amended by this ,act1 is amended by inserting #cj;,d7c77#b71 after #cf;,d14 7e7 ,effective date ,the amendments made by this section shall apply to vehicles acquired after ,december #ca1 #bjaf4 #dab4 ,permanent extension of credit for hybrid medium- and heavy-duty trucks 7a7 ,in general ,section #cj;,b7k7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking after in the matter before paragraph 7#a71 7#b7 by inserting after before ,december each place it appears1 and 7#c7 in paragraph 7#c71 by inserting and before the date of the enactment of the ,energy ,policy ,modernization ,act of #bjag after ,december #ca1 #bjji14 7b7 ,effective date ,the amendments made by this section shall apply to property purchased after the date of the enactment of this ,act4 #dac4 ,extension of second generation biofuel producer credit 7a7 ,in general ,clause 7i7 of section #dj7;b77#f77;,j7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjag and inserting ,january #a1 #bjbe4 7b7 ,effective date ,the amendment made by this subsection shall apply to qualified second generation biofuel production after ,december #ca1 #bjaf4 #dad4 ,extension of special allowance for second generation biofuel plant property 7a7 ,in general ,subparagraph 7,d7 of section #afh7l77#b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7,d7 the construction of which begins before ,january #a1 #bjbe4 4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjaf4 #dae4 ,extension and modification of the alternative fuel vehicle refueling property credit 7a7 ,in general ,section #cj;,c of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by amending subsection 7c7 to read as follows3 7c7 ,qualified alternative fuel vehicle refueling property ,for purposes of this section1 the term qualified alternative fuel vehicle refueling property means any of the following3 7#a7 ,a pump or blender pump that is capable of dispensing a fuel mixture that is at least #ej percent ethanol4 7#b7 ,a pump or blender pump that is capable of dispensing a fuel mixture that is at least #ej percent biodiesel or renewable diesel4 7#c7 ,a pump that is capable of dispensing a biofuel and petroleum blend1 at least #ej percent of which is a renewable fuel 7as defined in section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a7774 7#d7 ,a direct current electric charging station with a power rating of at least #dj kilowatts4 7#e7 ,an alternating current electric charging station with a voltage rating between #bjh volts and #bdj volts and a power rating between #b4e kilowatts and #bj kilowatts4 7#f7 ,hydrogen fuel-cell refilling infrastructure4 7#g7 ,any other infrastructure that the ,administrator may prescribe by regulation that is capable of dispensing a fuel that is not less than a #ej-percent mixture of a renewable fuel 7as defined in section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a7774 1 7#b7 in subsection 7e7-- 7,a7 by striking paragraphs 7#e7 through 7#g71 and 7,b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,recapture rules ,the ,secretary shall1 by regulations1 provide for recapturing the benefit of any credit allowable under subsection 7a7 with respect to any property which ceases to be property eligible for such credit4 1 and 7#c7 by amending subsection 7g7 to read as follows3 7g7 ,termination ,this section shall not apply to any property placed in service after ,december #ca1 #bjbd4 4 7#d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjaf4 ,v ,ending new fossil fuel investments ,a ,ending new fossil fuel investments #eja4 ,moratorium on new major fossil fuel projects 7a7 ,definitions ,in this section3 7#a7 ,fossil fuel energy ,the term fossil fuel energy means electric energy generated1 in whole or in part1 by a fossil fuel resource4 7#b7 ,fossil fuel resource 7,a7 ,in general ,the term fossil fuel resource means all forms of coal1 oil1 and gas4 7,b7 ,inclusions ,the term fossil fuel resource includes-- 7i7 bitumen from oil sands2 7ii7 kerogen from oil shale2 7iii7 liquids manufactured from coal2 7iv7 coal bed methane2 7v7 methane hydrates2 7vi7 light oil derived from shale or other formations2 7vii7 natural gas liquids2 and 7viii7 all conventionally and unconventionally produced hydrocarbons4 7#c7 ,gathering line ,the term gathering line has the meaning given the term in section #aie4b of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#d7 ,interstate pipeline ,the term interstate pipeline has the meaning given the term in section #aie4b of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7b7 ,moratorium ,subject to subsection 7e71 beginning on ,january #a1 #bjba1 there shall be a moratorium on ,federal permit approval for-- 7#a7 any new electric generating facility that generates fossil fuel energy through the combustion of any fossil fuel resource2 7#b7 any new gathering line or interstate pipeline for the transport of any fossil fuel resource that-- 7,a7 crosses ,federal land or navigable water2 or 7,b7 requires the use of eminent domain on private property2 7#c7 any maintenance activity relating to an existing gathering line or interstate pipeline for the transport of a fossil fuel resource that expands the carrying capacity of the gathering line or interstate pipeline by more than #e percent2 7#d7 any new import or export terminal for fossil fuel resources2 7#e7 any maintenance activity relating to an existing import or export terminal for a fossil fuel resource that expands the import or export capacity for a fossil fuel resource2 and 7#f7 any new refinery of a fossil fuel resource4 7c7 ,enforcement ,the ,administrator may seek an injunction on the construction of any facility described in subsection 7b7 that begins on or after ,january #a1 #bjba4 7d7 ,federal permits ,the ,administrator1 in coordination with the head of the applicable ,federal agency1 shall deny any application submitted to the head of that ,federal agency on or after ,january #a1 #bjba1 for a permit for any facility described in subsection 7b74 7e7 ,exemption ,during the period beginning on ,january #a1 #bjba1 and ending on ,december #ca1 #bjbi1 any entity seeking to construct a new electric generating facility that generates fossil fuel energy through the combustion of natural gas may submit to the ,administrator an application for a waiver of the moratorium under this section1 including a demonstration by the entity that-- 7#a7 the electricity will primarily be used to balance nonfossil fuel resources2 and 7#b7 nonfossil fuel resources will not be available to maintain reliability while achieving compliance with the applicable requirements of section #bbj of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 7as added by section #dja7;a774 7f7 ,tribal consultation 7#a7 ,in general ,if an application for routing or siting approval1 or permit or right-of-way was granted1 approved1 or issued on or after ,february #h1 #bjag1 for any facility described in subsection 7b7 without the consultation required under ,executive ,order #acage 7#be ,u4,s4,c4 #ecja note2 relating to tribal consultation71 or without the informed and express consent of the applicable ,indian tribe1 the ,administrator or appropriate agency head shall order an immediate suspension of any preconstruction1 construction1 or any other activity within1 on1 under1 or through the approved route or right-of-way or permitted area4 7#b7 ,duration ,the suspension described in paragraph 7#a7 shall remain in full force and effect until conclusion of the appropriate administrative proceeding4 7g7 ,eminent domain ,any application1 permit1 or right-of-way granted or issued for any facility described in subsection 7b7 that1 on or after ,february #h1 #bjag1 triggers the use of eminent domain shall be null and void4 #ejb4 ,ending fossil fuel subsidies 7a7 ,fossil fuel ,in this section1 the term fossil fuel means coal1 petroleum1 natural gas1 or any derivative of coal1 petroleum1 or natural gas that is used for fuel4 7b7 ,royalty relief 7#a7 ,outer ,continental ,shelf ,lands ,act ,section #h7;a77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;a77#c77 is amended-- 7,a7 by striking subparagraph 7,b72 and 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,b74 7#b7 ,energy ,policy ,act of #bjje 7,a7 ,incentives for natural gas production from deep wells in the shallow waters of the ,gulf of ,mexico ,section #cdd of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijd7 is repealed4 7,b7 ,deep water production ,section #cde of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeije7 is repealed4 7#c7 ,future provisions ,notwithstanding any other provision of law 7including regulations71 royalty relief shall not be permitted under a lease issued under section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg74 7c7 ,royalties under ,mineral ,leasing ,act 7#a7 ,coal leases ,section #g7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg7;a77 is amended in the fourth sentence by striking #aba_/b per centum and inserting #ahc_/d percent4 7#b7 ,leases on land on which oil or natural gas is discovered ,section #ad of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbc7 is amended in the fourth sentence by striking #aba_/b per centum and inserting #ahc_/d percent4 7#c7 ,leases on land known or believed to contain oil or natural gas ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a77;,a71 in the fifth sentence1 by striking #ab4e percent and inserting #ahc_/d percent2 and 7ii7 in paragraph 7#b77;,a77ii71 by striking #aba_/b per centum and inserting #ahc_/d percent2 7,b7 in subsection 7c77#a71 in the second sentence1 by striking #ab4e percent and inserting #ahc_/d percent2 7,c7 in subsection 7l71 by striking #aba_/b per centum each place it appears and inserting #ahc_/d percent2 and 7,d7 in subsection 7n77#a77;,c71 by striking #aba_/b per centum and inserting #ahc_/d percent4 7d7 ,elimination of interest payments for royalty overpayments ,section #aaa of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agba7 is amended by adding at the end the following3 7k7 ,payment of interest ,interest shall not be paid on any overpayment4 4 7e7 ,offshore facilitates and pipeline operators ,section #ajjd7;a7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgjd7;a77 is amended-- 7#a7 in paragraph 7#c71 by striking plus #ge1jjj1jjj2 and and inserting and the liability of the responsible party under section #ajjb22 7#b7 in paragraph 7#d7-- 7,a7 by inserting 7except an onshore pipeline transporting diluted bitumen1 bituminous mixtures1 or any oil manufactured from bitumen7 after for any onshore facility2 and 7,b7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 for any onshore facility transporting diluted bitumen1 bituminous mixtures1 or any oil manufactured from bitumen1 the liability of the responsible party under section #ajjb4 4 7f7 ,limitation on international financial institution funding of fossil fuel projects 7#a7 ,rescission of funds ,except as provided in paragraph 7#c71 effective on the date of enactment of this ,act1 there are rescinded all unobligated balances of amounts made available by the ,united ,states-- 7,a7 to the ,international ,bank for ,reconstruction and ,development and the ,international ,development ,association 7collectively known as the ,world ,bank7 or any other international financial institution 7as defined in section #agja7;c77#b7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c77#b7772 and 7,b7 to carry out any project that supports the construction of new fossil-fueled power plants4 7#b7 ,limitation on use of future funds ,except as provided in paragraph 7#c71 and notwithstanding any other provision of law1 any amounts made available by the ,united ,states to the ,world ,bank or any other international financial institution on or after the date of enactment of this ,act may not be used to carry out any project that facilitates additional consumption or production of fossil-fuel based energy4 7#c7 ,exception ,paragraphs 7#a7 and 7#b7 shall not apply to a fossil-fueled power plant project located in a least developed country 7as that term is defined by the ,united ,nations7 if-- 7,a7 no other economically feasible alternative exists2 and 7,b7 the project uses the most efficient technology available4 7g7 ,incentives for innovative technologies 7#a7 ,in general ,section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 is amended-- 7,a7 in subsection 7b7-- 7i7 by striking paragraph 7#b72 7ii7 by redesignating paragraphs 7#c7 through 7#i7 as paragraphs 7#b7 through 7#h71 respectively2 and 7iii7 by striking paragraph 7#aj72 7,b7 by striking subsection 7c72 and 7,c7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 7#b7 ,conforming amendment ,section #agjd of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afead7 is amended-- 7,a7 by striking the section designation and heading and all that follows through ,there are in subsection 7a7 and inserting the following3 #agjd4 ,authorization of appropriations ,there are 2 and 7,b7 by striking subsection 7b74 7h7 ,rural utility service loan guarantees ,notwithstanding any other provision of law1 the ,secretary of ,agriculture may not make a loan under title ,,iii of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ica et seq47 to an applicant for the purpose of carrying out any project that will use fossil fuel4 7i7 ,limitation on funds to the ,overseas ,private ,investment ,corporation or the ,export-,import ,bank of the ,united ,states for financing projects1 transactions1 or other activities that support fossil fuel 7#a7 ,rescission of funds ,except as provided in paragraph 7#c71 effective on the date of enactment of this ,act1 there are rescinded all unobligated balances of amounts made available to the ,overseas ,private ,investment ,corporation or the ,export-,import ,bank of the ,united ,states to carry out any project1 transaction1 or other activity that supports the production or use of fossil fuels4 7#b7 ,limitation on use of future funds ,except as provided in paragraph 7#c71 and notwithstanding any other provision of law1 any amounts made available to the ,overseas ,private ,investment ,corporation or the ,export-,import ,bank of the ,united ,states on or after the date of enactment of this ,act may not be used to carry out any project1 transaction1 or other activity that facilitates additional consumption or production of fossil-fuel based energy4 7#c7 ,exception ,paragraphs 7#a7 and 7#b7 shall not apply to a fossil-fueled power plant project located in a least developed country 7as that term is defined by the ,united ,nations7 if-- 7,a7 no other economically feasible alternative exists2 and 7,b7 the project uses the most efficient technology available4 7j7 ,transportation funds for grants1 loans1 loan guarantees1 and other direct assistance ,notwithstanding any other provision of law1 any amounts made available to the ,department of ,transportation may not be used to award any grant1 loan1 loan guarantee1 or provide any other direct assistance to any rail or port project that transports fossil fuel4 7k7 ,powder river basin 7#a7 ,designation of the ,powder ,river ,basin as a coal producing region ,not later than #ij days after the date of enactment of this ,act1 the ,director of the ,bureau of ,land ,management shall designate the ,powder ,river ,basin as a coal producing region4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,bureau of ,land ,management shall submit to ,congress a report that includes-- 7,a7 a study of the fair market value and the amount of royalties paid on coal leases in the ,powder ,river ,basin compared to other national and international coal markets2 and 7,b7 any policy recommendations to capture the future market value of the coal leases in the ,powder ,river ,basin4 7l7 ,reports 7#a7 ,definition of fossil fuel production subsidy ,in this subsection1 the term subsidy for fossil fuel production means any direct funding1 tax treatment or incentive1 risk-reduction benefit1 financing assistance or guarantee1 royalty relief1 or other provision that provides a financial benefit to a fossil fuel company for the production of fossil fuels4 7#b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,treasury1 in coordination with the ,secretary1 shall submit to ,congress a report detailing each ,federal law 7including regulations71 other than those amended by this ,act1 as in effect on the date on which the report is submitted1 that includes a subsidy for fossil-fuel production4 7#c7 ,report on modified recovery period 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,commissioner of ,internal ,revenue1 shall submit to ,congress a report on the applicable recovery period under the accelerated cost recovery system provided in section #afh of the ,internal ,revenue ,code of #aihf for each type of property involved in fossil fuel production1 including pipelines1 power generation property1 refineries1 and drilling equipment1 to determine if any assets are receiving a subsidy for fossil fuel production4 7,b7 ,elimination of subsidy ,in the case of any type of property that the ,commissioner of ,internal ,revenue determines is receiving a subsidy for fossil fuel production under such section #afh1 for property placed in service in taxable years beginning after the date of such determination1 such section #afh shall not apply4 ,the preceding sentence shall not apply to any property with respect to a taxable year unless such determination is published before the first day of such taxable year4 ,b ,ending fossil fuel subsidies #eaa4 ,termination of various tax expenditures relating to fossil fuels 7a7 ,in general ,subchapter ,c of chapter #hj of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ghge4 ,termination of certain provisions relating to fossil-fuel incentives 7a7 ,in general ,the following provisions shall not apply to taxable years beginning after the date of the enactment of this section3 7#a7 ,section #dc 7relating to enhanced oil recovery credit74 7#b7 ,section #de;,i 7relating to credit for producing oil and natural gas from marginal wells74 7#c7 ,section #de,k 7relating to credit for producing fuel from a nonconventional source74 7#d7 ,section #aic 7relating to tertiary injectants74 7#e7 ,section #aii7;d77#i7 7relating to special rule for taxpayers with oil related qualified production activities income74 7#f7 ,section #dfa7;i77#b7 7relating to special rule for spudding of oil or natural gas wells74 7#g7 ,section #dfi7;c77#c7 7relating to working interests in oil and natural gas property74 7#h7 ,section #fac;,a 7relating to limitations on percentage depletion in case of oil and natural gas wells74 7#i7 ,section #fag 7relating to deduction and recapture of certain mining exploration expenditures74 7b7 ,provisions relating to property ,the following provisions shall not apply to property placed in service after the date of the enactment of this section3 7#a7 ,subparagraph 7,c77iii7 of section #afh7;e77#c7 7relating to classification of certain property74 7#b7 ,section #afi 7relating to amortization of pollution control facilities7 with respect to any atmospheric pollution control facility4 7c7 ,provisions relating to costs and expenses ,the following provisions shall not apply to costs or expenses paid or incurred after the date of the enactment of this section3 7#a7 ,section #agi;,b 7relating to deduction for capital costs incurred in complying with ,environmental ,protection ,agency sulfur regulations74 7#b7 ,section #bfc7;c7 7relating to intangible drilling and development costs7 with respect to costs in the case of oil and natural gas wells4 7#c7 ,section #dfh 7relating to special rules for mining and solid waste reclamation and closing costs74 7d7 #e-,year carryback for marginal oil and natural gas well production credit ,section #ci7;a77#c7 7relating to #e-year carryback for marginal oil and natural gas well production credit7 shall not apply to credits determined in taxable years beginning after the date of the enactment of the this section4 7e7 ,credit for carbon dioxide sequestration ,section #de,q 7relating to credit for carbon dioxide sequestration7 shall not apply to carbon dioxide captured after the date of the enactment of this section4 7f7 ,allocated credits ,no new credits shall be certified under section #dh;,a 7relating to qualifying advanced coal project credit7 or section #dh;,b 7relating to qualifying gasification project credit7 after the date of the enactment of this section4 7g7 ,arbitrage bonds ,section #adh7;b77#d7 7relating to safe harbor for prepaid natural gas7 shall not apply to obligations issued after the date of the enactment of this section4 4 7b7 ,conforming amendment ,the table of sections for subchapter ,c of chapter #ij is amended by adding at the end the following new item3 ,sec4 #ghge4 ,termination of certain provisions4 4 #eab4 ,uniform #g-year amortization for geological and geophysical expenditures 7a7 ,in general ,section #afg7;h7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking #bd-month period each place it appears in paragraphs 7#a7 and 7#d7 and inserting #g-year period1 and 7#b7 by striking paragraph 7#e74 7b7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this ,act4 #eac4 ,natural gas gathering lines treated as #ae-year property 7a7 ,in general ,subparagraph 7,e7 of section #afh7;e77#c7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of clause 7viii71 by striking the period at the end of clause 7ix7 and inserting 1 and1 and by adding at the end the following new clause3 7x7 any natural gas gathering line the original use of which commences with the taxpayer after the date of the enactment of this clause4 4 7b7 ,alternative system ,the table contained in section #afh7;g77#c77;,b7 of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to subparagraph 7,e77ix7 the following new item3 7,e77x7#bb 4 7c7 ,conforming amendment ,clause 7iv7 of section #afh7;e77#c77;,c7 of the ,internal ,revenue ,code of #aihf is amended by inserting and on or before the date of the enactment of subparagraph 7,e77x7 after ,april #aa1 #bjje4 7d7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to property placed in service on and after the date of the enactment of this ,act4 7#b7 ,exception ,the amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before the date of the enactment of this ,act1 or1 in the case of self-constructed property1 has started construction on or before such date4 #ead4 ,repeal of domestic manufacturing deduction for hard mineral mining 7a7 ,in general ,subparagraph 7,b7 of section #aii7;c77#d7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of clause 7ii71 by striking the period at the end of clause 7iii7 and inserting 1 or1 and by adding at the end the following new clause3 7iv7 the mining of any hard mineral4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #eae4 ,limitation on deduction for income attributable to domestic production of oil1 natural gas1 or primary products thereof 7a7 ,denial of deduction ,paragraph 7#d7 of section #aii7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,e7 ,special rule for oil1 natural gas1 and coal income ,the term domestic production gross receipts shall not include gross receipts from the production1 refining1 processing1 transportation1 or distribution of oil1 natural gas1 or coal1 or any primary product 7within the meaning of subsection 7d77#i77 thereof4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #eaf4 ,termination of last-in1 first-out method of inventory for oil1 natural gas1 and coal companies 7a7 ,in general ,section #dgb of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7h7 ,termination for oil1 natural gas1 and coal companies ,subsection 7a7 shall not apply to any taxpayer that is in the trade or business of the production1 refining1 processing1 transportation1 or distribution of oil1 natural gas1 or coal for any taxable year beginning after the date of enactment of this subsection4 4 7b7 ,additional termination ,section #dgc of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7h7 ,termination for oil1 natural gas1 and coal companies ,this section shall not apply to any taxpayer that is in the trade or business of the production1 refining1 processing1 transportation1 or distribution of oil1 natural gas1 or coal for any taxable year beginning after the date of enactment of this subsection4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of enactment of this ,act4 #eag4 ,repeal of percentage depletion for coal and hard mineral fossil fuels 7a7 ,in general ,section #fac of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7f7 ,termination with respect to coal and hard mineral fossil fuels ,in the case of coal1 lignite1 and oil shale 7other than oil shale described in subsection 7b77#e771 the allowance for depletion shall be computed without reference to this section for any taxable year beginning after the date of the enactment of this subsection4 4 7b7 ,conforming amendments 7#a7 ,coal and lignite ,section #fac7;b77#d7 of the ,internal ,revenue ,code of #aihf is amended by striking coal1 lignite14 7#b7 ,oil shale ,section #fac7;b77#b7 of such ,code is amended to read as follows3 7#b7 #ae percent ,if1 from deposits in the ,united ,states1 gold1 silver1 copper1 and iron ore4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #eah4 ,termination of capital gains treatment for royalties from coal 7a7 ,in general ,subsection 7c7 of section #fca of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking coal 7including lignite71 or iron ore and inserting iron ore1 7#b7 by striking coal or iron ore each place it appears and inserting iron ore1 7#c7 by striking iron ore or coal each place it appears and inserting iron ore1 and 7#d7 by striking coal or in the heading4 7b7 ,conforming amendment ,the heading of section #fca of the ,internal ,revenue ,code of #aihf is amended by striking 1 coal14 7c7 ,effective date ,the amendments made by this section shall apply to dispositions after the date of the enactment of this ,act4 #eai4 ,modifications of foreign tax credit rules applicable to oil1 natural gas1 and coal companies which are dual capacity taxpayers 7a7 ,in general ,section #ija of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7n7 as subsection 7o7 and by inserting after subsection 7m7 the following new subsection3 7n7 ,special rules relating to oil1 natural gas1 and coal companies which are dual capacity taxpayers 7#a7 ,general rule ,notwithstanding any other provision of this chapter1 any amount paid or accrued to a foreign country or possession of the ,united ,states for any period by a dual capacity taxpayer which is in the trade or business of the production1 refining1 processing1 transportation1 or distribution of oil1 natural gas1 or coal shall not be considered a tax-- 7,a7 if1 for such period1 the foreign country or possession does not impose a generally applicable income tax1 or 7,b7 to the extent such amount exceeds the amount 7determined in accordance with regulations7 which-- 7i7 is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession1 or 7ii7 would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer4 ,nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph 7,b74 7#b7 ,dual capacity taxpayer ,for purposes of this subsection1 the term dual capacity taxpayer means1 with respect to any foreign country or possession of the ,united ,states1 a person who-- 7,a7 is subject to a levy of such country or possession1 and 7,b7 receives 7or will receive7 directly or indirectly a specific economic benefit 7as determined in accordance with regulations7 from such country or possession4 7#c7 ,generally applicable income tax ,for purposes of this subsection-- 7,a7 ,in general ,the term generally applicable income tax means an income tax 7or a series of income taxes7 which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession4 7,b7 ,exceptions ,such term shall not include a tax unless it has substantial application1 by its terms and in practice1 to-- 7i7 persons who are not dual capacity taxpayers1 and 7ii7 persons who are citizens or residents of the foreign country or possession4 4 7b7 ,effective ,date 7#a7 ,in general ,the amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this ,act4 7#b7 ,contrary treaty obligations upheld ,the amendments made by this section shall not apply to the extent contrary to any treaty obligation of the ,united ,states4 #ebj4 ,increase in ,oil ,spill ,liability ,trust ,fund financing rate 7a7 ,in general ,subparagraph 7,b7 of section #dfaa7;c77#b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and at the end of clause 7i71 7#b7 in clause 7ii7-- 7,a7 by inserting and before ,january #a1 #bjah1 after ,december #ca1 #bjaf11 and 7,b7 by striking the period and inserting 1 and1 and 7#c7 by adding at the end the following new clause3 7iii7 in the case of crude oil received or petroleum products entered after ,december #ca1 #bjag1 #aj cents a barrel4 4 7b7 ,effective date ,the amendments made by this section shall apply to crude oil received and petroleum products entered after the date of the enactment of this ,act4 #eba4 ,application of certain environmental taxes to synthetic crude oil 7a7 ,in general ,paragraph 7#a7 of section #dfab7;a7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#a7 ,crude oil 7,a7 ,in general ,the term crude oil includes crude oil condensates1 natural gasoline1 and synthetic crude oil4 7,b7 ,synthetic crude oil ,for purposes of subparagraph 7,a71 the term synthetic crude oil means any bitumen and bituminous mixtures1 any oil manufactured from bitumen and bituminous mixtures1 and any liquid fuel manufactured from coal4 4 7b7 ,effective date ,the amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than #fj days after the date of the enactment of this ,act4 #ebb4 ,denial of deduction for removal costs and damages for certain oil spills 7a7 ,in general ,part ,,ix of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #bhj;,i4 ,expenses for removal costs and damages relating to certain oil spill liability ,no deduction shall be allowed under this chapter for any amount paid or incurred with respect to any costs or damages for which the taxpayer is liable under section #ajjb of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgjb74 4 7b7 ,clerical amendment ,the table of sections for part ,,ix of subchapter ,b of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #bhj;,i4 ,expenses for removal costs and damages relating to certain oil spill liability4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to any liability arising in taxable years ending after the date of the enactment of this ,act4 #ebc4 ,tax on crude oil and natural gas produced from the outer ,continental ,shelf in the ,gulf of ,mexico 7a7 ,in general ,subtitle ,e of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new chapter3 #ef ,tax on severance of crude oil and natural gas from the outer ,continental ,shelf in the ,gulf of ,mexico ,sec4 #eija4 ,imposition of tax4 ,sec4 #eijb4 ,taxable crude oil or natural gas and removal price4 ,sec4 #eijc4 ,special rules and definitions4 #eija4 ,imposition of tax 7a7 ,in general ,in addition to any other tax imposed under this title1 there is hereby imposed a tax equal to #ac percent of the removal price of any taxable crude oil or natural gas removed from the premises during any taxable period4 7b7 ,credit for ,federal royalties paid 7#a7 ,in general ,there shall be allowed as a credit against the tax imposed by subsection 7a7 with respect to the production of any taxable crude oil or natural gas an amount equal to the aggregate amount of royalties paid under ,federal law with respect to such production4 7#b7 ,limitation ,the aggregate amount of credits allowed under paragraph 7#a7 to any taxpayer for any taxable period shall not exceed the amount of tax imposed by subsection 7a7 for such taxable period4 7c7 ,tax paid by producer ,the tax imposed by this section shall be paid by the producer of the taxable crude oil or natural gas4 #eijb4 ,taxable crude oil or natural gas and removal price 7a7 ,taxable crude oil or natural gas ,for purposes of this chapter1 the term taxable crude oil or natural gas means crude oil or natural gas which is produced from ,federal submerged lands on the outer ,continental ,shelf in the ,gulf of ,mexico pursuant to a lease entered into with the ,united ,states which authorizes the production4 7b7 ,removal price ,for purposes of this chapter-- 7#a7 ,in general ,except as otherwise provided in this subsection1 the term removal price means-- 7,a7 in the case of taxable crude oil1 the amount for which a barrel of such crude oil is sold1 and 7,b7 in the case of taxable natural gas1 the amount per #a1jjj cubic feet for which such natural gas is sold4 7#b7 ,sales between related persons ,in the case of a sale between related persons1 the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section #fac4 7#c7 ,oil or natural gas removed from property before sale ,if crude oil or natural gas is removed from the property before it is sold1 the removal price shall be the constructive sales price for purposes of determining gross income from the property under section #fac4 7#d7 ,refining begun on property ,if the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- 7,a7 such oil shall be treated as removed on the day such manufacture or conversion begins1 and 7,b7 the removal price shall be the constructive sales price for purposes of determining gross income from the property under section #fac4 7#e7 ,property ,the term property has the meaning given such term by section #fad4 #eijc4 ,special rules and definitions 7a7 ,administrative requirements 7#a7 ,withholding and deposit of tax ,the ,secretary shall provide for the withholding and deposit of the tax imposed under section #eija on a quarterly basis4 7#b7 ,records and information ,each taxpayer liable for tax under section #eija shall keep such records1 make such returns1 and furnish such information 7to the ,secretary and to other persons having an interest in the taxable crude oil or natural gas7 with respect to such oil as the ,secretary may by regulations prescribe4 7#c7 ,taxable periods2 return of tax 7,a7 ,taxable period ,except as provided by the ,secretary1 each calendar year shall constitute a taxable period4 7,b7 ,returns ,the ,secretary shall provide for the filing1 and the time for filing1 of the return of the tax imposed under section #eija4 7b7 ,definitions ,for purposes of this chapter-- 7#a7 ,producer ,the term producer means the holder of the economic interest with respect to the crude oil or natural gas4 7#b7 ,crude oil ,the term crude oil includes crude oil condensates and natural gasoline4 7#c7 ,premises and crude oil product ,the terms premises and crude oil product have the same meanings as when used for purposes of determining gross income from the property under section #fac4 7c7 ,adjustment of removal price ,in determining the removal price of oil or natural gas from a property in the case of any transaction1 the ,secretary may adjust the removal price to reflect clearly the fair market value of oil or natural gas removed4 7d7 ,regulations ,the ,secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter4 4 7b7 ,deductibility of tax ,the first sentence of section #afd7;a7 of the ,internal ,revenue ,code of #aihf is amended by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,the tax imposed by section #eija7;a7 7after application of section #eija7;b77 on the severance of crude oil or natural gas from the outer ,continental ,shelf in the ,gulf of ,mexico4 4 7c7 ,clerical amendment ,the table of chapters for subtitle ,e is amended by adding at the end the following new item3 ,chapter #ef4 ,tax on severance of crude oil and natural gas from the outer ,continental ,shelf in the ,gulf of ,mexico4 4 7d7 ,effective date ,the amendments made by this section shall apply to crude oil or natural gas removed after ,december #ca1 #bjag4 #ebd4 ,repeal of corporate income tax exemption for publicly traded partnerships with qualifying income and gains from activities relating to fossil fuels 7a7 ,in general ,section #ggjd7;d77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking subparagraph 7,e71 7#b7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,e7 and 7,f71 respectively1 and 7#c7 by striking the flush matter at the end4 7b7 ,conforming amendment ,section #ihh7;c77#a77;,e77iii77,,iii7 of the ,internal ,revenue ,code of #aihf is amended by striking or 7,g7 and inserting or 7,f74 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 ,,vi ,maintaining ,american competitiveness #fja4 ,purposes2 definitions 7a7 ,purposes ,the purposes of this title are-- 7#a7 to ensure that the shift to a clean energy economy in the ,united ,states is not eroded by the transition to foreign countries of the manufacturing of goods in energy-intensive industrial sectors2 7#b7 to ensure the competitiveness of ,united ,states manufacturing and industry2 7#c7 to make trade a tool for the mitigation of emissions1 rather than the source of a substantial increase1 as determined by the ,national ,climate ,change ,council1 in greenhouse gas emissions by industrial entities located in foreign countries caused by an increased cost of production in the ,united ,states resulting from the implementation of this ,act2 7#d7 to provide an incentive for high-emissions foreign countries to strengthen the climate regulations and address the greenhouse gas emissions of those countries2 and 7#e7 to prevent an increase in greenhouse gas emissions from foreign countries as a result of direct and indirect compliance costs incurred under this title4 7b7 ,definitions ,in this title3 7#a7 ,climate duty ,the term climate duty means a duty assessed by the ,united ,states on the importation into the customs territory of the ,united ,states of a covered good4 7#b7 ,covered good ,the term covered good means a good that is entered under a heading or subheading of the ,harmonized ,tariff ,schedule of the ,united ,states that corresponds to the ,north ,american ,industrial ,classification ,system code for an eligible industrial sector1 as established in the concordance between ,north ,american ,industrial ,classification ,system codes and the ,harmonized ,tariff ,schedule of the ,united ,states prepared by the ,united ,states ,census ,bureau4 7#c7 ,eligible industrial sector ,the term eligible industrial sector means an industrial sector in the ,united ,states that is subject to a climate duty1 as determined under section #fjb7;a74 7#d7 ,energy-intensive ,the term energy-intensive1 with respect to an industrial sector1 means that the industrial sector has an energy intensity of not less than #e percent1 as calculated based on the quotient obtained by dividing1 as determined using the average of the #c most recent calendar years for which data are available-- 7,a7 the cost of the electricity and fuel purchased by the industrial sector2 by 7,b7 the total value of the sales of the industrial sector4 7#e7 ,incremental cost ,the term incremental cost means the increased cost of production of a covered good due to compliance with applicable energy and climate laws 7including regulations7 and subsidies of-- 7,a7 the ,united ,states2 or 7,b7 a foreign country4 7#f7 ,industrial sector 7,a7 ,in general ,the term industrial sector means any sector that-- 7i7 is in the manufacturing sector 7as defined in ,north ,american ,industrial ,classification ,system codes #ca1 #cb1 and #cc72 or 7ii7 beneficiates or otherwise processes 7including through agglomeration7 a metal ore1 including-- 7,i7 iron or copper ore2 7,,ii7 soda ash2 and 7,,iii7 phosphate4 7,b7 ,exclusion ,the term industrial sector does not include any sector involving only the extraction of-- 7i7 a metal ore2 7ii7 soda ash2 or 7iii7 phosphate4 7#g7 ,trade-intensive ,the term trade-intensive1 with respect to an industrial sector1 means that not less than #ae percent of domestic consumption from the industrial sector is a result of importation1 as calculated based on the quotient obtained by dividing1 as determined using the average of the #c most recent calendar years for which data are available-- 7,a7 the value of the total imports of the industrial sector2 by 7,b7 the number equal to the sum of-- 7i7 the number equal to the difference between-- 7,i7 the domestic production of the industrial sector2 and 7,,ii7 the exports of the industrial sector2 and 7ii7 the value of the imports of the industrial sector4 #fjb4 ,leveling playing field for domestic manufacturers 7a7 ,eligible industrial sectors 7#a7 ,designation ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 by regulation1 shall designate1 in accordance with paragraph 7#b7 and with the advice of the ,council1 each eligible industrial sector that is subject to a climate duty under this section4 7#b7 ,determination ,an industrial sector shall be an eligible industrial sector if the industrial sector-- 7,a7 is-- 7i7 energy-intensive2 and 7ii7 trade-intensive2 or 7,b7 has an energy intensity of not less than #bj percent1 as determined by the ,council1 based on the quotient obtained by dividing1 as determined using the average of the #c most recent calendar years for which data are available-- 7i7 the cost of electricity and fuel purchased by the industrial sector2 by 7ii7 the value of the sales of the industrial sector4 7#c7 ,publication and updating of list ,not later than #a year after the date of enactment of this ,act1 and not less frequently than once every #c years thereafter1 the ,administrator shall publish or update1 as applicable1 in the ,federal ,register a list of eligible industrial sectors designated under paragraph 7#a74 7b7 ,regulations 7#a7 ,in general ,the ,president1 in consultation with the ,administrator1 with the concurrence of the ,council and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall promulgate regulations that-- 7,a7 establish-- 7i7 a list of countries from which the ,united ,states imports covered goods2 7ii7 a methodology for calculating-- 7,i7 the incremental cost of producing covered goods in-- 7aa7 the ,united ,states2 and 7bb7 each foreign country included on the list under clause 7i72 and 7,,ii7 subject to subsection 7c77#c77;,a71 the amount of the climate duty to be imposed on imports of covered goods from each eligible industrial sector2 7iii7 a list of the climate duties to be applied to imports from each eligible industrial sector1 as determined in accordance with the methodology under clause 7ii77,,ii72 and 7iv7 procedures to prevent circumvention of the climate duty for a covered good that is manufactured or processed in more than #a foreign country2 7,b7 subject to subsection 7c77#c77;,b71 require the payment of an appropriate climate duty for the importation into the customs territory of the ,united ,states of covered goods2 and 7,c7 describe the procedures to be applied by ,u4,s4 ,customs and ,border ,protection relating to the declaration and entry of covered goods into the customs territory of the ,united ,states4 7#b7 ,revisions ,not less frequently than once every #c years1 the ,president1 with the advice of the ,council1 shall publish in the ,federal ,register revised incremental cost calculations for the ,united ,states and foreign countries1 to be determined in accordance with paragraph 7#a77;,a77ii77,i71 as necessary to account for any modifications during the preceding #c calendar years to applicable climate- and energy-related laws 7including regulations74 7c7 ,imposition of climate duty on imported covered goods 7#a7 ,in general ,the owner or operator of an entity that imports a covered good shall pay to the ,commissioner of ,u4,s4 ,customs and ,border ,protection the climate duty required under subsection 7b7 with respect to the applicable eligible industrial sector4 7#b7 ,waivers 7,a7 ,petition ,the owner or operator of an entity that imports a covered good may submit to the ,president a petition for a waiver of the climate duty required for the covered good under this subsection4 7,b7 ,approval ,the ,president shall provide to an owner or operator the waiver requested in a petition submitted under subparagraph 7,a71 if the owner or operator demonstrates to the satisfaction of the ,president that the covered good imported by the owner or operator has an energy intensity or trade intensity1 as calculated in accordance with paragraph 7#e7 or 7#h71 respectively1 of section #fja7;b71 equal to less than the energy intensity or trade intensity calculated for the overall eligible industrial sector in which the covered good is classified4 7#c7 ,limitations 7,a7 ,maximum amount ,a climate duty imposed on the importation of a covered good pursuant to this subsection shall not exceed an amount equal to the incremental cost of domestic production of the covered good1 as determined in accordance with subsection 7b77#a77;,a77ii77,i74 7,b7 ,exempted foreign countries ,a product that originates from a foreign country that meets any of the following criteria shall be exempt from a climate duty under this subsection3 7i7 ,the ,united ,nations has identified the country as among the least developed of developing countries4 7ii7 ,the country has been determined to be responsible for less than #j4e percent of total global greenhouse gas emissions4 7iii7 ,the country has been determined to be responsible for less than #e percent of ,united ,states imports for an eligible industrial sector4 7iv7 ,the country is a party to an international agreement to which the ,united ,states is also a party that includes a nationally enforceable and economywide greenhouse gas emissions reduction commitment for that country1 which is at least as stringent as the commitment of the ,united ,states4 7v7 ,the country is party to a multilateral or bilateral emissions reduction agreement to which the ,united ,states is also a party relating to an applicable eligible industrial sector4 7vi7 ,the country has an annual energy intensity1 as calculated in accordance with section #fja7;b77#e71 for an eligible industrial sector that is not greater than the energy intensity for the eligible industrial sector in the ,united ,states during the most recent #c-;calendar-year period for which data are available4 #fjc4 ,making ,american manufacturing energy efficient 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an energy-intensive manufacturer that-- 7,a7 is a nongovernmental entity2 and 7,b7 is headquartered in the ,united ,states4 7#b7 ,energy-intensive manufacturer 7,a7 ,in general ,the term energy-intensive manufacturer means a private entity operating in an industrial sector that uses an onsite fossil fuel heating system in a manufacturing process4 7,b7 ,inclusions ,the term energy-intensive manufacturer includes an entity described in subparagraph 7,a7 that-- 7i7 manufactures steel or cement2 7ii7 is a pulp or paper mill2 or 7iii7 operates in an energy-intensive industrial sector4 7#c7 ,fossil fuel heating system ,the term fossil fuel heating system means a boiler1 furnace1 hot water heater1 or forced air system that uses coal1 oil1 natural gas1 propane1 or any other fossil fuel1 as determined by the ,secretary4 7#d7 ,program ,the term ,program means the energy-efficient manufacturing program established under subsection 7b77#a74 7b7 ,energy efficient manufacturing program 7#a7 ,establishment ,the ,secretary shall establish program1 to be known as an energy-efficient manufacturing program4 7#b7 ,competitive grants 7,a7 ,in general ,in carrying out the ,program1 the ,secretary shall provide grants1 on a competitive basis1 to eligible entities to implement energy efficiency improvements at facilities in the ,united ,states4 7,b7 ,selection criteria ,not later than #abj days after the date of enactment of this ,act1 and not later than #ij days after the date on which any subsequent amounts are appropriated to carry out the ,program1 the ,secretary shall publish criteria for the selection of eligible entities to receive grants under the ,program1 including criteria prioritizing the applications submitted under subparagraph 7,c7 based on-- 7i7 the non-,federal cost-share1 relative to the value of the grant2 7ii7 the rapidity of the achievement of reductions in emissions due to the replacement of a fossil fuel heating system as described in subparagraph 7,f77i72 7iii7 the ability to use the energy efficiency improvements funded by the grant as a model of deployment of zero-emission heating technologies across the ,united ,states2 and 7iv7 such other achievements as the ,secretary considers to be appropriate4 7,c7 ,applications 7i7 ,in general ,to be eligible to receive a grant under this paragraph1 an eligible entity or consortium of eligible entities shall submit to the ,secretary an application or joint application1 respectively1 in accordance with clause 7ii71 by not later than #abj days after the date of publication by the ,secretary of the selection criteria under subparagraph 7,b74 7ii7 ,inclusions ,an application submitted under this subparagraph shall include a description of the means by which-- 7,i7 the eligible entity or consortium1 as applicable1 will-- 7aa7 achieve compliance with any applicable selection criteria under subparagraph 7,b72 and 7bb7 measure and verify proposed energy savings2 and 7,,ii7 to the maximum extent practicable1 the energy efficiency improvements proposed to be achieved using the grant could be used as a model of deployment for other manufacturers across the ,united ,states4 7,d7 ,selection ,not later than #abj days after the deadline described in subparagraph 7,c77i71 the ,secretary shall select eligible entities to receive grants under the ,program4 7,e7 ,maximum amount ,the amount of a grant provided under the ,program shall not exceed #ajj1jjj1jjj4 7,f7 ,use of funds ,an eligible entity or consortium1 as applicable1 shall use a grant provided under the ,program-- 7i7 to replace a fossil fuel heating system with-- 7,i7 a zero-emission heating system2 or 7,,ii7 a heating system that is at least #ej percent more energy efficient2 or 7ii7 to make energy efficiency improvements that reduce the total electricity usage of each applicable eligible entity by not less than #aj percent4 7#c7 ,cost sharing 7,a7 ,in general ,the non-,federal share of the cost of each activity carried out using a grant provided under the ,program shall be-- 7i7 determined by the ,secretary1 taking into consideration the receipt of any other ,federal funds by the applicable eligible entity2 but 7ii7 not less than #bj percent4 7,b7 ,no repayment of ,federal share ,the ,secretary shall not require repayment of the ,federal share of an activity carried out using a grant provided under the ,program as a condition of providing the grant4 7#d7 ,reports 7,a7 ,in general ,for purposes of analyzing the ,program1 the ,secretary shall determine the data required to be submitted to the ,secretary by eligible entities as a condition of receiving grants under the ,program4 7,b7 ,proprietary information ,in carrying out this paragraph1 the ,secretary shall provide appropriate protections for-- 7i7 proprietary information2 and 7ii7 intellectual property rights4 7c7 ,funding ,the ,secretary shall use to carry out this section not more than #b1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 ,,vii ,mobilizing ,american resources #gja4 ,national ,climate ,change ,council 7a7 ,definition of fossil fuel ,in this section1 the term fossil fuel has the meaning given the term fossil fuel resource in section #faj7;a7 of the ,public ,utility ,regulatory ,policies ,act of #aigh4 7b7 ,establishment ,there is established in the ,executive ,office of the ,president a council1 to be known as the ,national ,climate ,change ,council1 to coordinate all activities and programs of the ,federal ,government relating to the transition from fossil fuels by ,january #a1 #bjej4 7c7 ,membership ,the membership of the ,council shall consist of-- 7#a7 the ,secretary2 7#b7 the ,secretary of ,education2 7#c7 the ,secretary of ,housing and ,urban ,development2 7#d7 the ,secretary of ,labor2 7#e7 the ,secretary of ,transportation2 7#f7 the ,secretary of the ,treasury2 7#g7 the ,administrator2 7#h7 the ,chair of the ,council on ,environmental ,quality2 7#i7 the ,director of the ,national ,economic ,council2 and 7#aj7 the ,director of the ,office of ,science and ,technology ,policy4 7d7 ,duties 7#a7 #bjej plans 7,a7 ,in general ,the ,council shall develop plans to ensure that each sector in the ,united ,states that combusts fossil fuels transitions away from fossil fuel emissions by ,january #a1 #bjej1 in accordance with this subsection4 7,b7 ,proposed plans ,not later than #a year after the date of enactment of this ,act1 the ,council shall-- 7i7 identify each sector in the ,united ,states economy that combusts fossil fuels2 and 7ii7 publish in the ,federal ,register a proposed plan to transition that sector away from fossil fuels4 7,c7 ,final plans ,not later than #b years after the date of enactment of this ,act1 the ,council shall publish in the ,federal ,register the final plan developed under this paragraph for each sector4 7,d7 ,requirements 7i7 ,use of existing authorities ,the ,council shall-- 7,i7 to the maximum extent practicable1 use existing authorities to execute each plan developed under this paragraph2 and 7,,ii7 identify any new statutory authority necessary to execute each plan4 7ii7 ,public comment ,the ,council shall provide notice and an opportunity for public comment for a period of not less than #ij days for each plan developed under this paragraph4 7#b7 ,submission to ,congress ,not later than #fj days after the date of publication of a final plan under paragraph 7#a77;,c7 with respect to which the ,council identifies under paragraph 7#a77;,d77i77,,ii7 a new statutory authority necessary to execute the plan1 the ,council shall submit to ,congress draft legislative text for that new authority4 7#c7 #e-year reviews ,not less frequently than once every #e years1 the ,council shall review and update1 as necessary1 each plan developed under this subsection1 taking into consideration-- 7,a7 new market conditions2 7,b7 advances in technology2 and 7,c7 such other factors as the ,council determines to be appropriate4 7#d7 #bjdj review ,not later than ,january #a1 #bjdj1 the ,council shall-- 7,a7 identify any sector that is not expected to achieve compliance with the targets established for the sector in an applicable plan under this subsection by ,december #ca1 #bjdj2 and 7,b7 establish a program to reduce emissions from that sector through investment in international clean and renewable energy projects4 7e7 ,new grant program authority 7#a7 ,in general ,the ,council may establish such new programs as the ,council determines to be appropriate to provide grants for not more than #bj percent of the costs incurred in connection with the acquisition of components for1 or the development1 construction1 or engineering of1 activities and programs described in a plan developed under subsection 7d74 7#b7 ,funding ,the ,council may use to carry out this subsection such amounts in the ,climate ,fund as are not otherwise expended to carry out this ,act and the amendments made by this ,act4 7f7 ,carbon fees ,if1 in conducting the #bjdj review under subsection 7d77#d7 for any sector 7other than sectors covered under section #aja and title ,,ii71 the ,council determines that new authority is necessary to meet a target established under subsection 7d71 the ,secretary of the ,treasury may1 in consultation with the ,council1 assess the fees necessary to meet the target under subsection 7d74 #gjb4 ,climate ,fund2 climate bonds 7a7 ,climate ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,climate ,fund4 7#b7 ,responsibility of ,secretary ,the ,secretary of the ,treasury 7or a designee7 7referred to in this section as the ,secretary7 shall take such actions as the ,secretary determines to be necessary to assist in implementing the establishment of the ,climate ,fund in accordance with this ,act4 7#c7 ,use of funds 7,a7 ,in general ,any amounts deposited in the ,climate ,fund shall only be used to carry out this ,act and the amendments made by this ,act4 7,b7 ,allocation ,not later than the date that is #ad days before the first day of each applicable fiscal year1 the ,council shall make a determination regarding the allocation of funds pursuant to subparagraph 7,a7 for the following fiscal year4 7,c7 ,minimum allocation ,for each fiscal year1 at least #dj percent of the funds deposited in the ,climate ,fund shall be used to carry out title ,i1 the amendments made by title ,i1 and section #gjd4 7b7 ,climate bonds 7#a7 ,initial capitalization ,during the #a-year period beginning on the date of enactment of this ,act1 the ,secretary shall issue climate bonds in an amount not to exceed #aej1jjj1jjj1jjj on the credit of the ,united ,states1 the proceeds of which shall be deposited in the ,climate ,fund4 7#b7 ,future capitalization ,after the expiration of the #a-year period described in paragraph 7#a71 the ,secretary may issue additional climate bonds on the credit of the ,united ,states in excess of the limitation established under that paragraph1 in an amount not to exceed #aej1jjj1jjj1jjj for each fiscal year4 7c7 ,interest ,a climate bond shall bear interest at the rate the ,secretary sets for ,treasury bonds4 7d7 ,promotion 7#a7 ,in general ,the ,secretary shall take such actions1 independently and in conjunction with financial institutions offering climate bonds1 to promote the purchase of climate bonds1 including campaigns describing the financial and social benefits of purchasing climate bonds4 7#b7 ,promotional activities ,the promotional activities under paragraph 7#a7 may include advertisements1 pamphlets1 or other promotional materials-- 7,a7 in periodicals2 7,b7 on billboards and other outdoor venues2 7,c7 on television2 7,d7 on radio2 7,e7 on the ,internet2 7,f7 within financial institutions that offer climate bonds2 or 7,g7 any other venues or outlets the ,secretary may identify4 7#c7 ,limitation ,there are authorized to be appropriated for the promotional activities under this subsection not more than-- 7,a7 #aj1jjj1jjj for the first fiscal year beginning after the date of enactment of this ,act2 and 7,b7 #b1jjj1jjj for each fiscal year thereafter4 7e7 ,fair working wages and ,davis-,bacon compliance 7#a7 ,in general ,all laborers and mechanics employed on projects funded directly by or assisted in whole or in part by the ,climate ,fund under 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 #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #gjc4 ,accelerating #ajj percent locally 7a7 ,establishment of grant program 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall provide grants1 on a competitive basis1 to units of tribal and local government or consortia of those units to plan and implement a transition to #ajj-percent clean and renewable energy4 7#b7 ,goals ,the goals of the program under this subsection are-- 7,a7 to facilitate the rapid transition to #ajj-percent clean and renewable energy at the municipal and regional levels throughout the ,united ,states by providing-- 7i7 planning grants to support necessary activities to transition to #ajj-percent clean and renewable energy2 and 7ii7 implementation grants for communities that-- 7,i7 have completed the planning process2 and 7,,ii7 are ready to begin implementing #ajj-percent clean and renewable energy plans2 7,b7 to encourage the adoption of clean and renewable energy resources at the local and regional levels1 while increasing the access that low-income communities and disadvantaged communities have to the many benefits of clean energy1 most notably-- 7i7 improved environmental quality2 7ii7 healthier living conditions2 and 7iii7 lower energy costs2 7,c7 to increase knowledge and acceptance of1 and exposure to1 clean and renewable energy practices for consumers1 businesses1 and local elected officials and planning staff2 7,d7 to encourage the innovation and investment necessary to achieve large-scale deployment of clean and renewable energy2 7,e7 to investigate differences in energy use among communities and develop best practices for transitioning to clean and renewable energy in various communities and regions throughout the ,united ,states2 and 7,f7 to reduce and displace petroleum use and reduce greenhouse gas emissions by accelerating the transition to clean and renewable energy at the local and regional levels in the ,united ,states4 7b7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under this subsection1 a unit of tribal or local government1 or a consortium of #a or more such units1 shall submit to the ,secretary an application in such manner and containing such information as the ,secretary determines to be appropriate1 by not later than #aej days after the date of publication by the ,secretary of selection criteria under subsection 7c77#c74 7#b7 ,joint sponsorship 7,a7 ,in general ,subject to subparagraph 7,b71 an application submitted under paragraph 7#a7 may be jointly sponsored by-- 7i7 electric utilities2 7ii7 clean energy equipment manufacturers2 7iii7 technology providers2 or 7iv7 such other entities as the ,secretary determines to be appropriate4 7,b7 ,disbursement of grants ,a grant provided under this section shall only be disbursed to a unit of tribal or local government1 or a consortium of those units1 regardless of whether the application is jointly sponsored under subparagraph 7,a74 7c7 ,selection 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and not later than #a year after the date on which any subsequent amounts are made available to carry out this section1 the ,secretary shall select the units of tribal or local government and consortia of those units to receive grants under this section1 taking into consideration the factors and criteria described in paragraphs 7#b7 and 7#c74 7#b7 ,factors for consideration ,in selecting units of government and consortia to receive grants under this subsection1 the ,secretary-- 7,a7 shall ensure1 to the maximum extent practicable1 that-- 7i7 the combination of selected units is diverse with respect to-- 7,i7 population1 population density1 and demographics2 7,,ii7 urban and suburban composition2 7,,iii7 typical commuting patterns2 7,,iv7 climate2 7,v7 geographical distribution2 and 7,,vi7 applicable types of utilities 7including investor-owned1 publicly owned1 cooperatively owned1 distribution-only1 and vertically integrated utilities72 and 7ii7 at least #a unit of government selected serves a population of less than #ejj1jjj2 7,b7 in addition to the factors described in subparagraph 7,a71 may give preference to applicants proposing a greater non-,federal cost-share2 7,c7 shall prioritize the provision of grants for communities that demonstrate affordable modes of transitioning to clean and renewable energy for residents of low-income communities and disadvantaged communities2 and 7,d7 shall take into consideration previous investments by the ,department of ,energy and other ,federal departments and agencies to ensure that the maximum domestic benefit from ,federal investments is realized4 7#c7 ,selection criteria 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 and not later than #ij days after the date on which any subsequent amounts are made available to carry out this section1 the ,secretary shall publish criteria for the selection of units of tribal and local government to receive grants under this section4 7,b7 ,application requirements ,the criteria published by the ,secretary under subparagraph 7,a7 shall include the following application requirements3 7i7 ,a proposed level of cost sharing1 in accordance with subsection 7f77#b74 7ii7 ,a description of the relevant stakeholders that the applicant will involve1 including-- 7,i7 elected and appointed officials2 7,,ii7 all relevant generators and distributors of electricity2 7,,iii7 ,state utility regulatory authorities2 7,,iv7 departments of public works and affordable housing2 7,v7 community groups or individuals that can provide expertise regarding environmental justice considerations2 7,,vi7 entities representing low-income communities and disadvantaged communities2 and 7,,vii7 third-party providers of renewable energy and energy efficiency services4 7iii7 ,a cost proposal describing funds that would be used to support and ensure the participation of community groups from all economic levels in stakeholder meetings4 7iv7 ,a description of the means by which the planning process will take into consideration the needs of environmental justice populations1 low-income communities1 and disadvantaged communities4 7v7 ,for planning grants1 a proposed schedule for the planning process4 7vi7 ,for implementation grants-- 7,i7 a proposed implementation schedule2 7,,ii7 a description of-- 7aa7 the role that energy efficiency improvements will play in the implementation process2 7bb7 any technical assistance the applicant will seek as part of the implementation process2 7cc7 updated construction permitting or inspection processes 7or a plan to update construction permitting or inspection processes7 to allow for expedited installation of renewable energy equipment2 7dd7 the means by which local women-owned1 minority-owned1 or veteran-owned businesses will be involved in the implementation process2 and 7ee7 any workforce development and professional development activities that will be incorporated into the implementation process2 7,,iii7 a proposed plan for-- 7aa7 making necessary utility and grid upgrades1 including a plan for recovering the cost of the upgrades2 and 7bb7 monitoring and evaluating the implementation of the applicable plan1 including metrics for assessing the success of implementation and an approach to updating the plan1 as appropriate2 and 7,,iv7 such other merit-based criteria as the ,secretary determines to be appropriate4 7d7 ,maximum amount ,the amount of a grant provided under this section shall not exceed #a1jjj1jjj4 7e7 ,use of funds ,a recipient of a grant provided under this section shall use the grant to design or implement a plan for transition by the community served by the recipient to #ajj-percent clean and renewable energy4 7f7 ,cost sharing 7#a7 ,in general ,the non-,federal share of the cost of each activity carried out using a grant provided under this section-- 7,a7 shall be determined by the ,secretary in accordance with paragraph 7#b71 taking into consideration the receipt of any other ,federal funds by the applicant2 7,b7 shall be not less than #fj percent2 and 7,c7 may be reduced or eliminated by the ,secretary1 as the ,secretary determines to be necessary4 7#b7 ,calculation of amount ,in calculating the amount of the non-,federal share under this section1 the ,secretary-- 7,a7 may include allowable costs in accordance with applicable cost principles1 including-- 7i7 cash2 7ii7 personnel costs2 7iii7 the value of a service1 other resource1 or third-party in-kind contribution determined in accordance with the applicable circular of the ,office of ,management and ,budget2 7iv7 indirect costs or facilities and administrative costs2 or 7v7 any funds received under the power program of the ,tennessee ,valley ,authority or any ,power ,marketing ,administration 7except to the extent that such funds are made available under an annual appropriations ,act72 7,b7 shall include contributions made by ,state1 tribal1 or local government entities and private entities2 and 7,c7 shall not include-- 7i7 revenues or royalties from the prospective operation of an activity beyond the period covered by the grant2 or 7ii7 proceeds from the prospective sale of an asset of an activity4 7#c7 ,no repayment of ,federal share ,the ,secretary shall not require repayment of the ,federal share of an activity carried out using a grant provided under this section as a condition of providing the grant4 7g7 ,reports 7#a7 ,in general ,for purposes of analyzing the grant program under this section1 the ,secretary shall-- 7,a7 determine the data required to be submitted to the ,secretary by grant recipients as a condition of receiving grants2 and 7,b7 develop metrics to evaluate the performance of the grant recipients4 7#b7 ,privacy protections ,in carrying out this subsection1 the ,secretary shall provide appropriate protections for consumer privacy4 7h7 ,funding ,the ,secretary shall use to carry out this section not more than #a1jjj1jjj1jjj for each fiscal year from the ,climate ,fund4 #gjd4 ,climate justice resiliency 7a7 ,definitions ,in this section3 7#a7 ,climate impacts 7,a7 ,in general ,the term climate impacts means the damage to the health of human and natural environments1 habitats1 and the economy caused by factors such as erratic climate and weather extremes due to excess carbon pollution in the atmosphere4 7,b7 ,inclusions ,the term climate impacts includes-- 7i7 the increased frequency of-- 7,i7 extreme weather1 such as hurricanes1 tornadoes1 and snowstorms2 7,,ii7 floods2 7,,iii7 wildfires2 7,,iv7 droughts2 7,v7 disease2 and 7,,vi7 heatwaves2 7ii7 sea level rise2 7iii7 ocean acidification2 and 7iv7 altered-- 7,i7 ecosystems and habitats2 and 7,,ii7 soil health and crop availability4 7#b7 ,climate justice resiliency project ,the term climate justice resiliency project means a project1 plan1 fund1 or other proposal to mitigate climate impacts on a climate resiliency hotspot community4 7#c7 ,climate resiliency hotspot community ,the term climate resiliency hotspot community means a community that is-- 7,a7 likely to experience climate impacts2 7,b7 traditionally unable to afford the management or mitigation of climate impacts2 and 7,c7 likely to receive a high score in the report described in subsection 7i74 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 an ,indian tribe2 7,c7 a territory2 7,d7 a municipality2 7,e7 a county2 7,f7 a locality2 7,g7 a native ,hawaiian community2 and 7,h7 a nonprofit community organization4 7b7 ,establishment ,the ,administrator1 in consultation with the ,council1 shall establish a ,climate ,justice ,resiliency ,grant ,program to provide block grants to eligible entities to promote climate justice resiliency projects described in subsection 7g74 7c7 ,environmental justice study 7#a7 ,in general ,to facilitate administration of grants under this section1 not later than #a year after the date of enactment of this ,act1 the ,council shall conduct a county-by-county or equivalent regional or tribal environmental justice study to identify climate resiliency hotspot communities4 7#b7 ,requirements ,the study described in paragraph 7#a7-- 7,a7 shall be conducted in consultation with-- 7i7 climate resiliency hotspot communities2 and 7ii7 communities that are likely to receive a high score in the report described in subsection 7i72 7,b7 shall identify localities based on geographical proximity to climate impacts1 socioeconomic1 public health1 and environmental hazard criteria2 and 7,c7 may include an area-- 7i7 that is disproportionately affected by climate impacts or other hazards that lead to negative public health effects1 exposure1 or environmental degradation2 7ii7 with a concentration of individuals who have-- 7,i7 a low income2 7,,ii7 high unemployment2 7,,iii7 a low level of homeownership2 7,,iv7 a high rent burden2 7,v7 a low level of educational attainment2 or 7,,vi7 a disproportionate health burden2 or 7iii7 with a climate-sensitive population4 7d7 ,eligibility for grant funds 7#a7 ,in general ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,council a plan for a climate justice resiliency investment for not less than #e years that describes climate justice resiliency projects prioritized based on the study carried out under subsection 7c74 7#b7 ,contents ,the multiyear plan described in paragraph 7#a7 shall include-- 7,a7 a description of-- 7i7 the proposed climate justice resiliency project2 and 7ii7 the climate resiliency hotspot communities intended to benefit from the proposed climate justice resiliency project2 7,b7 the expected climate resiliency improvement benefits2 and 7,c7 a funding level request4 7e7 ,application process ,the ,council shall establish application requirements for participation in the ,climate ,justice ,resiliency ,grant ,program established under subsection 7b74 7f7 ,grant funds ,the ,administrator1 in consultation with the ,council1 shall award to eligible entities grant funds commensurate with the duration and scope of the proposed climate justice resiliency project4 7g7 ,climate justice resiliency projects 7#a7 ,in general ,subject to paragraph 7#b71 an eligible entity may use grant funds made available under this section to carry out a climate justice resiliency project1 including-- 7,a7 a project related to-- 7i7 climate impact disaster adaptation and planning2 7ii7 wetland restoration2 7iii7 mine reclamation2 7iv7 a seawall1 levee1 or other coastal flood mitigation effort2 7v7 the development of-- 7,i7 a community evacuation plan2 7,,ii7 resources for safe and complete evacuation2 7,,iii7 a community plan for returning after an evacuation2 or 7,,iv7 a plan for funding for the relocation of ,indian tribes in the event of a climate impact disaster2 7vi7 brownfields redevelopment2 7vii7 rural water and waste disposal2 7viii7 lead and asbestos hazard reduction in homes with high flood1 hurricane1 or sea level rise exposure risk2 7ix7 flood and wildfire mapping1 planning1 and adaptation2 7x7 public transportation2 7xi7 vehicle traffic emissions exposure reduction2 7xii7 a road or bridge that facilitates disaster evacuation2 7xiii7 a local food cooperative or market2 7xiv7 public sewage2 7xv7 broadband ,internet2 7xvi7 a microgrid2 7xvii7 air conditioning units for low-income housing2 or 7xviii7 emergency communication infrastructure2 7,b7 a fund established to assist evacuees to return home after an evacuation2 or 7,c7 a disaster loan4 7#b7 ,exclusions ,an eligible entity shall not use funds made available under this section to carry out an activity relating to-- 7,a7 the generation of electricity2 7,b7 carbon capture or sequestration2 or 7,c7 a highway4 7h7 ,cost-,sharing requirement ,the ,council-- 7#a7 shall require eligible entities that receive funds under this section to enter into a cost-sharing agreement for1 at a minimum1 #bj percent of the total cost of the proposed climate justice resiliency project2 and 7#b7 may1 at the discretion of the ,council1 waive the cost-sharing requirement described in paragraph 7#a74 7i7 ,report to ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,council shall submit to the appropriate committees of ,congress a report that describes-- 7#a7 in detail the manner in which this section will be carried out2 and 7#b7 the results of the study required under subsection 7c71 including a score for each locality studied based on the level of climate impacts experienced by the locality4 7j7 ,regulations ,the ,administrator1 in consultation with the ,council1 may promulgate regulations to carry out this section4 7k7 ,funding ,the ,administrator shall use to carry out this section from the ,climate ,fund not more than-- 7#a7 #b1jjj1jjj1jjj for the first fiscal year beginning after the date of enactment of this ,act through fiscal year #bjcj2 and 7#b7 #aj1jjj1jjj for each fiscal year thereafter4 ,,viii ,miscellaneous #hja4 ,tax amendments review ,not later than ,december #ca1 #bjce1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall-- 7#a7 review the amendments to the ,internal ,revenue ,code of #aihf made by this ,act to determine if the amendments are effective and should continue2 and 7#b7 report to ,congress any recommended modifications to the amendments4