,i #aafth ,,congress #b;d ,session ,h4 ,r4 #geaf ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbj ,ms4 ,de,gette 7for herself1 ,mr4 ,huffman1 and ,mr4 ,peters7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,science1 ,space1 and ,technology1 ,ways and ,means1 ,transportation and ,infrastructure1 and ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to advance innovation in and deployment of zero-emission electricity technology1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,clean ,energy ,innovation and ,deployment ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,investment in ,clean ,energy ,technology ,innovation ,sec4 #ajj4 ,purpose4 ,subtitle ,a--,clean ,energy ,deployment ,administration ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,energy technology deployment goals4 ,sec4 #ajc4 ,clean ,energy ,deployment ,administration4 ,sec4 #ajd4 ,administration functions4 ,sec4 #aje4 ,improvements to existing clean energy investment programs4 ,sec4 #ajf4 ,federal credit authority4 ,sec4 #ajg4 ,general provisions4 ,subtitle ,b--,beneficial ,electrification ,sec4 #aaa4 ,innovation in electric vehicles through the advanced technology manufacturing incentive program4 ,sec4 #aab4 ,deployment of electric vehicles through tax credits4 ,sec4 #aac4 ,deployment of electric vehicle charging infrastructure through supply equipment programs4 ,sec4 #aad4 ,deployment of energy efficient buildings through tax credits4 ,sec4 #aae4 ,deployment of energy efficient buildings through grants4 ,subtitle ,c--,zero-,emission ,electricity ,generation ,technology ,sec4 #aba4 ,deployment of solar and wind technology through tax credits4 ,sec4 #abb4 ,energy tax credit monetization4 ,sec4 #abc4 ,innovation in energy storage through research1 development1 and demonstration4 ,sec4 #abd4 ,deployment of energy storage through tax credits4 ,sec4 #abe4 ,normalization opt-out for utilities4 ,sec4 #abf4 ,deployment of carbon capture utilization and storage through tax credits4 ,sec4 #abg4 ,innovation in advanced nuclear technology through demonstration4 ,sec4 #abh4 ,innovation in carbon removal1 utilization1 and storage through research1 development1 and demonstration4 ,sec4 #abi4 ,deployment of electric grid modernization through grants4 ,sec4 #acj4 ,prize competition for electricity-related technologies for remote communities4 ,sec4 #aca4 ,report to ,congress4 ,subtitle ,d--,davis-,bacon ,compliance ,sec4 #ada4 ,davis-,bacon compliance4 ,title ,,ii--,zero-,emission ,electricity ,standard ,sec4 #bjj4 ,purpose4 ,subtitle ,a--,zero-,emission ,electricity ,standard ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,zero-emission electricity requirement4 ,sec4 #bjc4 ,zero-emission electricity credit trading program4 ,sec4 #bjd4 ,determination and issuance of quantity of zero-emission electricity credits4 ,sec4 #bje4 ,carbon ,mitigation ,fund4 ,sec4 #bjf4 ,state programs4 ,sec4 #bjg4 ,report to ,congress4 ,sec4 #bjh4 ,information collection4 ,sec4 #bji4 ,civil penalties4 ,sec4 #baj4 ,regulations4 ,subtitle ,b--,methane ,regulation ,sec4 #baa4 ,methane regulation4 ,title ,,iii--,incentives for the ,accelerated ,deployment of #ajj-,percent ,zero-,emission ,electricity ,system ,sec4 #cjj4 ,purpose4 ,sec4 #cja4 ,zero-emission electricity acceleration investment tax credit4 ,sec4 #cjb4 ,zero-emission electricity acceleration grants4 ,title ,,iv--,low-,income ,rate-,payer ,protection ,sec4 #djj4 ,purpose4 ,sec4 #dja4 ,weatherization assistance program4 ,sec4 #djb4 ,,liheap authorization4 ,title ,v--,energy ,workforce ,transition and ,training ,sec4 #ejj4 ,purposes4 ,subtitle ,a--,state ,energy ,plans ,sec4 #eja4 ,state energy plans4 ,sec4 #ejb4 ,authorization of appropriations4 ,subtitle ,b--,energy ,workforce ,transition ,sec4 #eaa4 ,definitions4 ,sec4 #eab4 ,energy ,workforce ,transition ,office and ,advisory ,committee4 ,sec4 #eac4 ,energy workforce transition plans and reemployment of affected workers4 ,subtitle ,c--,modern ,energy ,workforce ,development ,sec4 #eba4 ,definitions4 ,sec4 #ebb4 ,modern energy workforce development4 ,sec4 #ebc4 ,zero-emission economy workforce pilot program4 ,sec4 #ebd4 ,university ,zero-,emission ,energy ,leadership ,program4 ,sec4 #ebe4 ,climate ,resiliency ,corps4 ,sec4 #ebf4 ,authorization of appropriations4 ,i ,investment in ,clean ,energy ,technology ,innovation #ajj4 ,purpose ,the purpose of this title is to employ a wide range of measures to bring promising clean energy technologies to the point of commercial-availability1 including through the activities of a ,clean ,energy ,deployment ,administration4 ,a ,clean ,energy ,deployment ,administration #aja4 ,definitions ,in this subtitle3 7#a7 ,administration ,the term ,administration means the ,clean ,energy ,deployment ,administration established by section #ajc4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,administration4 7#c7 ,advisory ,council ,the term ,advisory ,council means the ,energy ,technology ,advisory ,council of the ,administration4 7#d7 ,breakthrough technology ,the term breakthrough technology means a clean energy technology that-- 7,a7 presents a significant opportunity to advance the goals developed by the ,secretary under section #ajb1 as assessed under the methodology established by the ,advisory ,council2 and 7,b7 has not been determined by the ,secretary to be commercially ready4 7#e7 ,clean energy technology ,the term clean energy technology means a technology related to the production1 use1 transmission1 storage1 control1 or conservation of energy that will contribute to the stabilization of the climate by reducing greenhouse gas emissions or sequestering or utilizing carbon dioxide and-- 7,a7 reduce the need for additional energy supplies by using existing energy supplies with greater efficiency2 7,b7 transmit1 distribute1 or transport energy with greater effectiveness through the infrastructure of the ,united ,states2 or 7,c7 increase and diversify the sources of energy in the ,united ,states in a way that will reduce risk to human health1 safety1 and welfare and the environment and create energy security4 7#f7 ,cost ,the term cost has the meaning given the term in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7#g7 ,direct loan ,the term direct loan has the meaning given the term in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7#h7 ,energy transition community ,the term energy transition community has the meaning given such term in section #eaa of this ,act4 7#i7 ,financial institution ,the term financial institution means-- 7,a7 an insured bank 7as defined in section #c7;h7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;h7772 7,b7 a commercial bank or trust company2 7,c7 a private banker2 7,d7 an agency or branch of a foreign bank in the ,united ,states2 7,e7 any credit union2 7,f7 a thrift institution2 7,g7 a broker or dealer registered with the ,securities and ,exchange ,commission under the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;a et seq472 7,h7 a broker or dealer in securities or commodities2 7,i7 an investment banker or investment company2 7,j7 an insurance company2 and 7,k7 a loan or finance company4 7#aj7 ,fund ,the term ,fund means the ,clean ,energy ,investment ,fund established by section #aje7;a74 7#aa7 ,loan guarantee ,the term loan guarantee has the meaning given the term in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7#ab7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ad7 ,security ,the term security has the meaning given the term in section #b of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;b74 7#ae7 ,small business ,the term small business means a business which is independently owned and operated and which is not dominant in its field of operation4 ,the term small business may be further defined by the ,administrator by the number of employees1 dollar volume of business1 net worth1 net income1 or other factors4 7#af7 ,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 #ajb4 ,energy technology deployment goals 7a7 ,goals ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,advisory ,council1 shall develop and publish for review and comment in the ,federal ,register near-1 medium-1 and long-term goals 7including numerical performance targets at appropriate intervals to measure progress toward those goals7 for the deployment of clean energy technologies through the credit support programs established by this subtitle to promote-- 7#a7 the deployment1 by not later than #bjej1 of electric generating capacity with net-zero greenhouse gas emissions1 that is sufficient to reliably meet the projected energy demand of the ,united ,states in #bjej2 7#b7 clean energy technologies in vehicles and fuels that will substantially reduce the reliance of the ,united ,states on foreign sources of energy and insulate consumers from the volatility of global energy markets2 7#c7 a domestic commercialization and manufacturing capacity that will establish the ,united ,states as a world leader in clean energy technologies across multiple sectors2 7#d7 the installation of electricity transmission infrastructure with the capacity to provide the cost-effective deployment of zero-emission electricity technologies appropriate to each region of the ,united ,states2 7#e7 the transformation of the building stock of the ,united ,states to net zero energy consumption2 7#f7 the recovery1 use1 and prevention of waste energy2 7#g7 domestic manufacturing of clean energy technologies on a scale that is sufficient to achieve price parity with conventional energy sources2 7#h7 domestic production of commodities and materials1 including steel1 chemicals1 polymers1 and cement1 through the use of clean energy technologies that will establish the ,united ,states as a world leader in the environmentally-sustainable production of such commodities and materials2 7#i7 a robust1 efficient1 and interactive electricity transmission grid that will allow for the incorporation of clean energy technologies1 distributed generation1 smart grid functions1 and demand-response in each regional electric grid2 7#aj7 a variety of financial products intended to allow owners and users of residential1 retail1 commercial1 and industrial buildings to make energy efficiency and distributed generation technology investments with reasonable payback periods2 and 7#aa7 such other goals as the ,secretary1 in consultation with the ,advisory ,council1 determines to be consistent with this subtitle4 7b7 ,revisions ,the ,secretary shall revise the goals established under subsection 7a71 from time to time as appropriate1 to account for advances in technology and infrastructure4 #ajc4 ,clean ,energy ,deployment ,administration 7a7 ,establishment 7#a7 ,in general ,there is established in the ,department of ,energy an administration1 to be known as the ,clean ,energy ,deployment ,administration4 ,there shall be at the head of the ,administration an ,administrator and a ,board of ,directors1 who shall be appointed by the ,president with the advice and consent of the ,senate4 7#b7 ,status 7,a7 ,in general ,the ,administration 7including officers1 employees1 and agents of the ,administration7 shall not be responsible to1 or subject to the authority1 direction1 or control of1 any other officer1 employee1 or agent of the ,department of ,energy other than the ,secretary1 acting through the ,administrator4 7,b7 ,exemption from reorganization ,the ,administration shall be exempt from the reorganization authority provided under section #fdc of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbec74 7,c7 ,inspector ,general ,section #ab of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7i7 in paragraph 7#a71 by inserting the ,administrator of the ,clean ,energy ,deployment ,administration2 after ,export-,import ,bank22 and 7ii7 in paragraph 7#b71 by inserting the ,clean ,energy ,deployment ,administration1 after ,export-,import ,bank14 7#c7 ,offices 7,a7 ,principal office ,the ,administration shall-- 7i7 maintain the principal office of the ,administration in the ,district of ,columbia2 and 7ii7 for purposes of venue in civil actions1 be considered to be a resident of the ,district of ,columbia4 7,b7 ,other offices ,the ,administration may establish other offices in such other places as the ,administration considers necessary or appropriate for the conduct of the business of the ,administration4 7b7 ,administrator 7#a7 ,in general ,the ,administrator shall be-- 7,a7 appointed by the ,president1 with the advice and consent of the ,senate1 for a #e-year term2 and 7,b7 compensated at the annual rate of basic pay prescribed for level ,,ii of the ,executive ,schedule under section #ecac of title #e1 ,united ,states ,code4 7#b7 ,duties ,the ,administrator shall-- 7,a7 serve as-- 7i7 the ,chief ,executive ,officer of the ,administration2 and 7ii7 the ,chairman of the ,board of ,directors2 7,b7 consult with the ,secretary of ,agriculture1 the ,secretary of the ,interior1 the ,administrator of the ,environmental ,protection ,agency1 and the heads of other agencies as appropriate1 in carrying out the duties described in this paragraph2 7,c7 ensure that-- 7i7 the ,administration operates in a safe and sound manner1 including maintenance of adequate capital and internal controls 7consistent with section #djd of the ,sarbanes-,oxley ,act of #bjjb 7#ae ,u4,s4,c4 #gbfb772 7ii7 the operations and activities of the ,administration foster liquid1 efficient1 competitive1 and resilient energy and energy efficiency finance markets2 7iii7 the ,administration carries out this subtitle only through activities that are authorized under and consistent with this subtitle2 and 7iv7 the activities of the ,administration and the manner in which the ,administration is operated are consistent with the public interest2 7,d7 develop policies and procedures for the ,administration that will-- 7i7 promote a self-sustaining portfolio of investments that will maximize the value of investments to effectively promote clean energy technologies2 7ii7 promote transparency and openness in ,administration operations2 7iii7 afford the ,administration with sufficient flexibility to carry out this subtitle2 7iv7 provide for the efficient processing of applications2 7v7 promote the participation of private financial institutions and other sources of private capital in investments1 on commercially reasonable terms1 if and to the extent the capital is available2 and 7vi7 promote the availability of financial products to small business by working with entities that have appropriate expertise in extending credit or other relevant financial services to small businesses that are developing clean energy technologies2 7,e7 ensure1 to the maximum extent practicable and to the extent of available resources1 that on the request of any energy transition community or ,indian ,tribe1 such energy transition community or ,indian ,tribe shall have available scientific and technical information and expertise for use in the regulation1 development1 and management of clean energy technologies1 either-- 7i7 directly1 acting through ,federal officials within the ,administration2 or 7ii7 indirectly1 by providing financial assistance to an energy transition community or an ,indian ,tribe to secure independent assistance in the regulation1 development1 and management of clean energy technologies2 and 7,f7 with the concurrence of the ,board of ,directors1 establish expected loss reserves for the support provided by the ,administration consistent with section #ajd7;a74 7c7 ,board of ,directors 7#a7 ,in general ,the ,board of ,directors of the ,administration shall consist of-- 7,a7 the ,secretary or the designee of the ,secretary1 who shall serve as an ex-officio voting member of the ,board of ,directors2 7,b7 the ,administrator1 who shall serve as the ,chairman of the ,board of ,directors2 and 7,c7 #g additional members who shall-- 7i7 be appointed by the ,president1 with the advice and consent of the ,senate1 for staggered #e-year terms2 and 7ii7 have experience in banking or financial services relevant to the operations of the ,administration1 including individuals with substantial experience in the development of energy projects1 the electricity generation sector1 the transportation sector1 the manufacturing sector1 and the energy efficiency sector4 7#b7 ,duties ,the ,board of ,directors shall-- 7,a7 oversee the operations of the ,administration and ensure industry best practices are followed in all financial transactions involving the ,administration2 7,b7 consult with the ,administrator on the general policies and procedures of the ,administration to ensure that the interests of the taxpayers are protected2 7,c7 ensure that the portfolio of investments of the ,administration are consistent with this subtitle and with the long-term financial stability of the ,administration2 7,d7 ensure that the operations and activities of the ,administration are consistent with the development of a robust private sector that can provide commercial loans or financing products for clean energy technologies2 and 7,e7 not serve on a full-time basis1 except that the ,board of ,directors shall meet at least quarterly to review1 as appropriate1 applications for credit support and set policies and procedures as necessary4 7#c7 ,removal ,an appointed member of the ,board of ,directors may be removed from office by the ,president for good cause4 7#d7 ,vacancies ,an appointed seat on the ,board of ,directors that becomes vacant shall be filled by appointment by the ,president1 but only for the unexpired portion of the term of the vacating member4 7#e7 ,compensation of members ,an appointed member of the ,board of ,directors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,board of ,directors4 7d7 ,energy ,technology ,advisory ,council 7#a7 ,in general ,the ,administration shall have an ,energy ,technology ,advisory ,council consisting of-- 7,a7 #f members selected by the ,secretary2 and 7,b7 #c members selected by the ,board of ,directors of the ,administration4 7#b7 ,qualifications ,the members of the ,advisory ,council shall-- 7,a7 have relevant scientific expertise2 and 7,b7 in the case of the members selected by the ,secretary under paragraph 7#a77;,a71 include representatives of-- 7i7 the academic community2 7ii7 the private research community2 7iii7 ,national ,laboratories2 7iv7 the technology or project development community2 7v7 the commercial energy financing and operations sector2 and 7vi7 the electric generation sector1 including at least one person who is knowledgeable of the electric cooperative sector4 7#c7 ,duties 7,a7 ,advice ,the ,advisory ,council shall provide advice to the ,administration regarding the technological approaches that should be supported by the ,administration to meet the goals developed by the ,secretary under section #ajb4 7,b7 ,methodology for assessment ,the ,advisory ,council shall develop and publish for comment in the ,federal ,register a methodology for the assessment of clean energy technologies4 ,such methodology shall-- 7i7 allow the ,administration to evaluate projects based on the progress likely to be achieved per-dollar invested in clean energy technology2 and 7ii7 take into account the extent to which support for a clean energy technology is likely to accrue benefits that are attributable to commercial-scale deployment taking place earlier than that which otherwise would have occurred without the support4 7#d7 ,term 7,a7 ,in general ,members of the ,advisory ,council shall have #e-year staggered terms1 as determined by the ,secretary and the ,administrator4 7,b7 ,reappointment ,a member of the ,advisory ,council may be reappointed4 7#e7 ,compensation ,a member of the ,advisory ,council1 who is not otherwise compensated as a ,federal employee1 shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,advisory ,council4 7e7 ,staff 7#a7 ,in general ,the ,administrator1 in consultation with the ,board of ,directors1 may-- 7,a7 appoint and terminate such officers1 attorneys1 employees1 and agents as are necessary to carry out this subtitle2 and 7,b7 vest those personnel with such powers and duties as the ,administrator determines to be necessary4 7#b7 ,direct hire authority 7,a7 ,in general ,notwithstanding section #ccjd and sections #ccji through #ccah of title #e1 ,united ,states ,code1 the ,administrator may1 on a determination that there is a severe shortage of candidates or a critical hiring need for particular positions1 recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the ,administration into the competitive service4 7,b7 ,exception ,the authority granted under subparagraph 7,a7 shall not apply to positions in the excepted service or the ,senior ,executive ,service4 7,c7 ,requirements ,in exercising the authority granted under subparagraph 7,a71 the ,administrator shall ensure that any action taken by the ,administrator-- 7i7 is consistent with the merit principles of section #bcja of title #e1 ,united ,states ,code2 and 7ii7 complies with the public notice requirements of section #ccbg of title #e1 ,united ,states ,code4 7,d7 ,termination of effectiveness ,the authority provided by this paragraph terminates effective on the date that is #c years after the date of enactment of this ,act4 7#c7 ,critical pay authority 7,a7 ,in general ,notwithstanding section #ecgg of title #e1 ,united ,states ,code1 and without regard to the provisions of that title governing appointments in the competitive service or the ,senior ,executive ,service and chapters #ea and #ec of that title 7relating to classification and pay rates71 the ,administrator may establish1 fix the compensation of1 and appoint individuals to critical positions needed to carry out the functions of the ,administration1 if the ,administrator certifies that-- 7i7 the positions require expertise of an extremely high level in a financial1 technical1 or scientific field2 7ii7 the ,administration would not successfully accomplish an important mission without such an individual2 and 7iii7 exercise of the authority is necessary to recruit an individual who is exceptionally well qualified for the position4 7,b7 ,limitations ,the authority granted under subparagraph 7,a7 shall be subject to the following conditions3 7i7 ,the number of critical positions authorized by subparagraph 7,a7 may not exceed #bj at any given time in the ,administration4 7ii7 ,the term of an appointment under subparagraph 7,a7 may not exceed #d years4 7iii7 ,an individual appointed under subparagraph 7,a7 may not have been an ,administration employee at any time during the #b-year period preceding the date of appointment4 7iv7 ,total annual compensation for any individual appointed under subparagraph 7,a7 may not exceed the highest total annual compensation payable at the rate determined under section #ajd of title #c1 ,united ,states ,code4 7v7 ,an individual appointed under subparagraph 7,a7 may not be considered to be an employee for purposes of subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code4 7,c7 ,notification ,each year1 the ,administrator shall submit to ,congress a notification that lists each individual appointed under this paragraph4 #ajd4 ,administration functions 7a7 ,direct support 7#a7 ,in general ,the ,administration may issue direct loans1 letters of credit1 loan guarantees1 insurance products1 or such other credit support 7including through participation as a co-lender or a lending member of a syndication7 as the ,administrator considers appropriate to deploy clean energy technologies if the ,administrator has determined that deployment of the technologies would benefit or be accelerated by the support4 7#b7 ,eligibility criteria ,in carrying out this subsection and awarding credit support to projects1 the ,administrator shall account for-- 7,a7 how the technology rates based on an evaluation methodology established by the ,advisory ,council2 7,b7 how the project fits with the goals developed by the ,secretary under section #ajb2 and 7,c7 the potential for the applicant to successfully complete the project4 7#c7 ,risk 7,a7 ,technology risk ,in this paragraph1 the term technology risk-- 7i7 means risk during construction or operation associated with the design1 development1 or deployment of a clean energy technology from the perspective of commercial lenders1 that may be increased as a result of the absence of adequate historical construction1 operating1 or performance data from commercial applications of the technology2 and 7ii7 includes risk associated with the cost1 schedule1 performance1 reliability1 maintenance1 and the perception of risk4 7,b7 ,expected loan loss reserve ,the ,administrator shall establish an expected loan loss reserve to account for estimated losses attributable to activities under this section that is consistent with the purposes of-- 7i7 developing breakthrough technologies to the point at which the associated technology risk is largely mitigated2 7ii7 achieving widespread deployment and advancing the commercial viability of clean energy technologies2 and 7iii7 advancing the goals developed by the ,secretary under section #ajb4 7,c7 ,initial expected loan loss reserve ,until such time as the ,administrator determines sufficient data exist to establish an expected loan loss reserve that is appropriate1 the ,administrator shall consider establishing an initial rate of #aj percent for the portfolio of investments under this subtitle4 7,d7 ,portfolio investment approach ,the ,administration shall-- 7i7 use a portfolio investment approach to mitigate risk and diversify investments across technologies2 7ii7 to the maximum extent practicable and consistent with long-term self-sufficiency1 weigh the portfolio of investments in projects to advance goals developed by the ,secretary under section #ajb2 and 7iii7 consistent with the expected loan loss reserve established under this paragraph1 provide the maximum practicable percentage of support to promote breakthrough technologies4 7,e7 ,loss rate review 7i7 ,in general ,the ,board of ,directors shall review on an annual basis the loss rates of the portfolio to determine the adequacy of the reserves4 7ii7 ,report ,not later than #ij days after the date of the initiation of each review under clause 7i71 the ,administrator shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report describing the results of the review and any recommended policy changes4 7#d7 ,application review 7,a7 ,in general ,to the maximum extent practicable and consistent with sound business practices1 the ,administration shall seek to consolidate reviews of applications for credit support under this subtitle such that final decisions on applications can be issued not later than #ahj days after the date of submission of a completed application4 7,b7 ,environmental review ,in carrying out this subtitle1 the ,administration shall1 to the maximum extent practicable-- 7i7 avoid duplicating efforts that have already been undertaken by other agencies1 including ,state agencies acting under ,federal programs2 and 7ii7 with the advice of the ,council on ,environmental ,quality and any other applicable agencies1 use the administrative records of similar reviews conducted throughout the executive branch to develop the most expeditious review process practicable4 7#e7 ,wage rate requirements ,with respect to the labor standards specified in this section1 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 7b7 ,indirect support 7#a7 ,in general ,the ,administration shall work to develop financial products and arrangements to promote widespread deployment of1 and private sector support of1 clean energy technologies by facilitating aggregation of small projects and by providing indirect credit support1 including credit enhancement4 7#b7 ,financial products ,the ,administration-- 7,a7 in cooperation with ,federal1 ,state1 local1 and private sector entities1 shall develop debt instruments that directly aggregate1 or provide for the aggregation of1 projects for the deployment of clean energy technology on a scale appropriate for residential or commercial applications2 and 7,b7 may insure1 purchase1 and make commitments to purchase1 any debt instrument associated with the deployment of a clean energy technology 7including instruments secured by liens or other collateral related to the funding of clean energy technology7 for the purposes of enhancing the availability of private financing for deployment of clean energy technology4 7#c7 ,disposition of debt or interest ,the ,administration may acquire1 hold1 and sell or otherwise dispose of1 pursuant to commitments or otherwise1 any debt associated with the deployment of clean energy technologies or interest in the debt4 7#d7 ,pricing 7,a7 ,in general ,the ,administrator may establish requirements1 and impose charges or fees1 which may be regarded as elements of pricing1 for different classes of sellers1 servicers1 or services4 7,b7 ,classification of sellers and servicers ,for the purpose of subparagraph 7,a71 the ,administrator may classify sellers and servicers as necessary to promote transparency and liquidity and to properly characterize the risk of default4 7#e7 ,eligibility ,the ,administrator shall establish-- 7,a7 eligibility criteria for loan originators1 sellers1 and servicers seeking support for portfolios of financial obligations relating to clean energy technologies to ensure the capability of the loan originators1 sellers1 and servicers to perform the functions required to maintain the expected performance of the portfolios2 and 7,b7 such criteria1 standards1 guidelines1 and mechanisms such that1 to the maximum extent practicable1 loan originators and sellers will be able to determine the eligibility of loans for resale at the time of initial lending4 7#f7 ,secondary market support 7,a7 ,in general ,the ,administration may lend on the security of1 and make commitments to lend on the security of1 any debt that the ,administration has issued or is authorized to purchase under this section4 7,b7 ,authorized actions ,on such terms and conditions as the ,administrator may prescribe1 the ,administration may1 based on the debt and with the concurrence of the ,board of ,directors-- 7i7 give security or guarantee2 7ii7 pay interest or other return2 and 7iii7 issue notes1 debentures1 bonds1 or other obligations or securities4 7#g7 ,lending activities 7,a7 ,in general ,the ,administrator shall determine-- 7i7 the volume of the lending activities of the ,administration2 and 7ii7 the types of loan ratios1 risk profiles1 interest rates1 maturities1 and charges or fees in the secondary market operations of the ,administration4 7,b7 ,objectives ,determinations under subparagraph 7,a7 shall be consistent with the objectives of-- 7i7 providing an attractive investment environment for clean energy technologies2 7ii7 making the operations of the ,administration self-supporting over the long term2 and 7iii7 advancing the goals developed by the ,secretary under section #ajb4 #aje4 ,improvements to existing clean energy investment programs 7a7 ,clean ,energy ,investment ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a revolving fund1 to be known as the ,clean ,energy ,investment ,fund1 consisting of-- 7,a7 such amounts as are deposited in the ,fund under this subtitle and amendments made by this subtitle2 and 7,b7 such sums as may be appropriated to the ,fund4 7#b7 ,expenditures from fund 7,a7 ,in general ,amounts in the ,fund shall be available to the ,secretary for obligation without fiscal year limitation1 to remain available until expended4 7,b7 ,administrative expenses 7i7 ,fees ,fees collected by the ,secretary of the ,treasury for expenses related to the administrative needs of the ,fund shall be available without limitation to cover applicable expenses4 7ii7 ,fund ,to the extent that administrative expenses are not reimbursed through fees1 an amount not to exceed #a4e percent of the amounts in the ,fund as of the beginning of each fiscal year shall be available to pay the administrative expenses for the fiscal year necessary to carry out title ,,xvii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa et seq474 7#c7 ,transfers of amounts 7,a7 ,in general ,the amounts required to be transferred to the ,fund under this subsection shall be transferred at least monthly from the general fund of the ,treasury to the ,fund on the basis of estimates made by the ,secretary of the ,treasury4 7,b7 ,cash flows ,cash flows associated with costs of the ,fund described in section #ejb7e77;,b7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e77;,b77 shall be transferred to appropriate credit accounts4 7,c7 ,adjustments ,proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred4 7b7 ,revisions to loan guarantee program authority 7#a7 ,definition of commercial technology ,section #agja7a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7a77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,exclusion ,the term commercial technology does not include a technology if the sole use of the technology is in connection with-- 7i7 any demonstration project2 or 7ii7 a project for which the ,secretary approved a guarantee4 4 7#b7 ,specific appropriation or contribution ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,specific appropriation or contribution 7#a7 ,in general ,no guarantee shall be made unless sufficient amounts to account for the cost are available-- 7,a7 in unobligated balances within the ,clean ,energy ,investment ,fund established under section #aje7;a7 of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj2 7,b7 as a payment from the borrower and the payment is deposited in the ,clean ,energy ,investment ,fund2 or 7,c7 in any combination of balances and payments described in subparagraphs 7,a7 and 7,b71 respectively4 7#b7 ,limitation ,the source of payments received from a borrower under paragraph 7#a77;,b7 shall not be a loan or other debt obligation that is made or guaranteed by the ,federal ,government4 7#c7 ,relation to other laws ,section #ejd7;b7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;c7b77 shall not apply to a guarantee under this section4 4 7#c7 ,subrogation ,section #agjb7;g77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;g77#b77 is amended by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,superiority of rights ,except as provided in subparagraph 7,c71 the rights of the ,secretary1 with respect to any property acquired pursuant to a guarantee or related agreements1 shall be superior to the rights of any other person with respect to the property4 7,c7 ,terms and conditions ,a guarantee agreement shall include such detailed terms and conditions as the ,secretary determines appropriate to-- 7i7 protect the interests of the ,united ,states in the case of default2 7ii7 have available all the patents and technology necessary for any person selected1 including the ,secretary1 to complete and operate the project2 7iii7 provide for sharing the proceeds received from the sale of project assets with other creditors or control the disposition of project assets if necessary to protect the interests of the ,united ,states in the case of default2 and 7iv7 provide such lien priority in project assets as necessary to protect the interests of the ,united ,states in the case of a default4 4 7#d7 ,fees ,section #agjb7;h7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;h77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,availability ,fees collected under this subsection shall-- 7,a7 be deposited by the ,secretary in the ,clean ,energy ,investment ,fund established under section #aje7;a7 of ,clean ,energy ,innovation and ,deployment ,act of #bjbj2 and 7,b7 remain available to the ,secretary for expenditure1 without further appropriation or fiscal year limitation1 for administrative expenses incurred in carrying out this title4 7#c7 ,adjustment ,the ,secretary may adjust the amount or manner of collection of fees under this subsection as the ,secretary determines is necessary to deploy1 to the maximum extent practicable1 eligible projects under this title4 7#d7 ,excess fees ,of the amount of a fee imposed on an applicant at the conditional commitment stage1 #ge percent of the amount shall be refundable to the applicant if there is no financial close on the application1 unless the ,secretary determines that the administrative costs of the ,department have exceeded the amount retained4 7#e7 ,credit report ,if1 in the opinion of the ,secretary1 the credit rating of an applicant is not relevant to the determination of whether or not support will be provided and the applicant agrees to accept the credit rating assigned to the applicant by the ,secretary1 the ,secretary may waive any requirement to provide a third-party credit report4 4 7#e7 ,processing ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended by adding at the end the following3 7l7 ,accelerated reviews ,to the maximum extent practicable and consistent with sound business practices1 the ,secretary shall seek to conduct necessary reviews concurrently of an application for a guarantee under this title such that decisions as to whether to enter into a commitment on the application can be issued not later than #ahj days after the date of submission of a completed application4 4 #ajf4 ,federal credit authority 7a7 ,transfer of functions and authority 7#a7 ,in general 7,a7 ,deadline ,subject to paragraph 7#b71 on a finding by the ,secretary and the ,administrator that the ,administration is sufficiently ready to assume the functions1 and that applicants to those programs will not be unduly adversely affected1 but in no case later than #ah months after the date of enactment of this ,act1 the functions and authority of the ,secretary described in subparagraph 7,b7 shall be transferred to the ,administration4 7,b7 ,functions and authority ,the functions and authority of the ,secretary described in this subparagraph are functions and authority under-- 7i7 subsection title ,,xvii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa et seq472 7ii7 section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c772 and 7iii7 financial services and program management for grant1 loan1 and other credit enhancement programs authorized to be administered by the ,secretary under any other provision of law1 as the ,secretary determines appropriate4 7#b7 ,failure to transfer functions ,if the functions and authorities are not transferred to the ,administration in accordance with paragraph 7#a71 the ,secretary and the ,administrator shall submit to ,congress a report on the reasons for delay and an expected timetable for transfer of the functions and authorities to the ,administration not later than #b years after the enactment of this title and every year thereafter until the functions and authorities are transferred to the ,administration4 7#c7 ,effect on existing rights and obligations ,the transfer of functions and authority under this subsection shall not affect the rights and obligations of any party that arise under a predecessor program or authority prior to the transfer under this subsection4 7#d7 ,transfer of ,fund authority 7,a7 ,in general ,on transfer of functions pursuant to paragraph 7#a71 the ,administration shall have all authorities to make use of the ,fund reserved for the ,secretary before the transfer4 7,b7 ,administrative expenses ,effective beginning on the date of enactment of this ,act1 the ,administrator may make use of up to #a4e percent of the amounts in the ,fund as of the beginning of each fiscal year to pay administrative expenses for that fiscal year to carry out this subtitle4 7#e7 ,use 7,a7 ,in general ,amounts in the ,fund shall be available for discharge of liabilities and all other expenses of the ,administration1 including subsequent transfer to the respective credit accounts4 7,b7 ,liability ,all activities of the ,administration that could result in a liability for the ,united ,states shall be transparently accounted for and no obligation or liability may be incurred unless-- 7i7 the appropriate amounts are transferred to credit accounts for activities pursuant to the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a72 or 7ii7 sufficient amounts are reserved within the ,fund to account for such liabilities4 7#f7 ,initial investment 7,a7 ,in general ,on transfer of functions pursuant to paragraph 7#a71 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,fund to carry out this subtitle #aj1jjj1jjj1jjj1 to remain available until expended4 7,b7 ,receipt and acceptance ,the ,fund shall be entitled to receive and shall accept1 and shall be used to carry out this subtitle1 the funds transferred to the ,fund under subparagraph 7,a71 without further appropriation4 7#g7 ,authorization of appropriations ,in addition to funds made available by paragraphs 7#a7 through 7#f71 there are authorized to be appropriated to the ,fund such sums as are necessary to carry out this subtitle4 7b7 ,payments of liabilities ,any payment to discharge liabilities arising from agreements under this subtitle shall be made exclusively out of the ,fund or the associated credit account1 as appropriate4 7c7 ,fees 7#a7 ,in general ,consistent with carrying out this subtitle1 the ,administrator shall charge fees or collect compensation generally in accordance with commercial rates4 7#b7 ,availability of fees ,all fees collected by the ,administration may be retained by the ,administration and placed in the ,fund and may remain available to the ,administration1 without further appropriation or fiscal year limitation1 for use in carrying out this subtitle4 7#c7 ,breakthrough technologies ,the ,administration shall charge the minimum amount in fees or compensation practicable for breakthrough technologies1 consistent with the long-term viability of the ,administration1 unless the ,administration first determines that a higher charge will not impede the development of the technology4 7#d7 ,alternative fee arrangements ,the ,administration may use such alternative arrangements 7such as profit participation1 contingent fees1 and other valuable contingent interests7 as the ,administration considers appropriate to compensate the ,administration for the expenses of the ,administration and the risk inherent in the support of the ,administration4 7d7 ,cost transfer authority ,amounts collected by the ,administration for the cost of a loan or loan guarantee shall be transferred by the ,administration to the respective credit program accounts4 7e7 ,supplemental borrowing authority ,in order to maintain sufficient liquidity for activities authorized under section #ajd7;b71 the ,administration may issue notes1 debentures1 bonds1 or other obligations for purchase by the ,secretary of the ,treasury4 7f7 ,public debt transactions ,for the purpose of subsection 7e7-- 7#a7 the ,secretary of the ,treasury may use as a public debt transaction the proceeds of the sale of any securities issued under chapter #ca of title #ca1 ,united ,states ,code2 and 7#b7 the purposes for which securities may be issued under that chapter are extended to include any purchase under this subsection4 7g7 ,maximum outstanding holding ,the ,secretary of the ,treasury shall purchase instruments issued under subsection 7e7 to the extent that the purchase would not increase the aggregate principal amount of the outstanding holdings of obligations under subsection 7e7 by the ,secretary of the ,treasury to an amount that is greater than #b1jjj1jjj1jjj4 7h7 ,rate of return ,each purchase of obligations by the ,secretary of the ,treasury under this section shall be on terms and conditions established to yield a rate of return determined by the ,secretary of the ,treasury to be appropriate1 taking into account the current average rate on outstanding marketable obligations of the ,united ,states as of the last day of the month preceding the purchase4 7i7 ,sale of obligations ,the ,secretary of the ,treasury may at any time sell1 on terms and conditions and at prices determined by the ,secretary of the ,treasury1 any of the obligations acquired by the ,secretary of the ,treasury under this section4 7j7 ,public debt transactions ,all redemptions1 purchases1 and sales by the ,secretary of the ,treasury of obligations under this section shall be treated as public debt transactions of the ,united ,states4 #ajg4 ,general provisions 7a7 ,immunity from impairment1 limitation1 or restriction 7#a7 ,in general ,all rights and remedies of the ,administration 7including any rights and remedies of the ,administration on1 under1 or with respect to any mortgage or any obligation secured by a mortgage7 shall be immune from impairment1 limitation1 or restriction by or under-- 7,a7 any law 7other than a law enacted by ,congress expressly in limitation of this paragraph7 that becomes effective after the acquisition by the ,administration of the subject or property on1 under1 or with respect to which the right or remedy arises or exists or would so arise or exist in the absence of the law2 or 7,b7 any administrative or other action that becomes effective after the acquisition4 7#b7 ,state law ,the ,administrator may conduct the business of the ,administration without regard to any qualification or law of any ,state relating to incorporation4 7b7 ,use of other agencies ,with the consent of a department1 establishment1 or instrumentality 7including any field office71 the ,administration may-- 7#a7 use and act through any department1 establishment1 or instrumentality2 or 7#b7 use1 and pay compensation for1 information1 services1 facilities1 and personnel of the department1 establishment1 or instrumentality4 7c7 ,procurement ,the ,administrator shall be the senior procurement officer for the ,administration for purposes of section #agjb of title #da1 ,united ,states ,code4 7d7 ,financial matters 7#a7 ,investments ,funds of the ,administration may be invested in such investments as the ,board of ,directors may prescribe4 7#b7 ,fiscal agents ,any ,federal reserve bank or any bank for which1 at the time of designation by the ,administrator there is outstanding a designation by the ,secretary of the ,treasury as a general or other depository of public money1 may be designated by the ,administrator as a depositary or custodian or as a fiscal or other agent of the ,administration4 7e7 ,jurisdiction ,notwithstanding section #acdi of title #bh1 ,united ,states ,code1 or any other provision of law-- 7#a7 the ,administration shall be considered a corporation covered by sections #acde and #addb of title #bh1 ,united ,states ,code2 7#b7 all civil actions to which the ,administration is a party shall be considered to arise under the laws of the ,united ,states1 and the district courts of the ,united ,states shall have original jurisdiction of all such actions1 without regard to amount or value1 except that the courts of appeals shall have jurisdiction over civil actions pertaining to section #ajc7;a77#c72 and 7#c7 any civil or other action1 case or controversy in a court of a ,state1 or in any court other than a district court of the ,united ,states1 to which the ,administration is a party may at any time before trial be removed by the ,administration1 without the giving of any bond or security and by following any procedure for removal of causes in effect at the time of the removal-- 7,a7 to the district court of the ,united ,states for the district and division embracing the place in which the same is pending2 or 7,b7 if there is no such district court1 to the district court of the ,united ,states for the district in which the principal office of the ,administration is located4 7f7 ,periodic reports ,not later than #a year after commencement of operation of the ,administration and at least biannually thereafter1 the ,administrator shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that includes a description of-- 7#a7 the technologies supported by activities of the ,administration2 and 7#b7 the performance of the ,administration on meeting the goals developed by the ,secretary under section #ajb4 7g7 ,audits by the ,comptroller ,general 7#a7 ,in general ,the programs1 activities1 receipts1 expenditures1 and financial transactions of the ,administration shall be subject to audit by the ,comptroller ,general of the ,united ,states under such rules and regulations as may be prescribed by the ,comptroller ,general4 7#b7 ,access ,the representatives of the ,government ,accountability ,office shall-- 7,a7 have access to the personnel and to all books1 accounts1 documents1 records 7including electronic records71 reports1 files1 and all other papers1 automated data1 things1 or property belonging to1 under the control of1 or in use by the ,administration1 or any agent1 representative1 attorney1 advisor1 or consultant retained by the ,administration1 and necessary to facilitate the audit2 7,b7 be afforded full facilities for verifying transactions with the balances or securities held by depositories1 fiscal agents1 and custodians2 7,c7 be authorized to obtain and duplicate any such books1 accounts1 documents1 records1 working papers1 automated data and files1 or other information relevant to the audit without cost to the ,comptroller ,general2 and 7,d7 have the right of access of the ,comptroller ,general to such information under section #gaf7;c7 of title #ca1 ,united ,states ,code4 7#c7 ,assistance and cost 7,a7 ,in general ,for the purpose of conducting an audit under this subsection1 the ,comptroller ,general may1 in the discretion of the ,comptroller ,general1 employ by contract1 without regard to section #faja of title #da1 ,united ,states ,code1 professional services of firms and organizations of certified public accountants for temporary periods or for special purposes4 7,b7 ,reimbursement 7i7 ,in general ,on the request of the ,comptroller ,general1 the ,administration shall reimburse the ,general ,accountability ,office for the full cost of any audit conducted by the ,comptroller ,general under this subsection4 7ii7 ,crediting ,such reimbursements shall-- 7,i7 be credited to the appropriation account entitled ,salaries and ,expenses1 ,government ,accountability ,office at the time at which the payment is received2 and 7,,ii7 remain available until expended4 7h7 ,annual independent audits 7#a7 ,in general ,the ,administrator shall-- 7,a7 have an annual independent audit made of the financial statements of the ,administration by an independent public accountant in accordance with generally accepted auditing standards2 and 7,b7 submit to the ,secretary the results of the audit4 7#b7 ,content ,in conducting an audit under this subsection1 the independent public accountant shall determine and report on whether the financial statements of the ,administration-- 7,a7 are presented fairly in accordance with generally accepted accounting principles2 and 7,b7 comply with any disclosure requirements imposed under this subtitle4 7i7 ,financial reports 7#a7 ,in general ,the ,administrator shall submit to the ,secretary annual and quarterly reports of the financial condition and operations of the ,administration1 which shall be in such form1 contain such information1 and be submitted on such dates as the ,secretary shall require4 7#b7 ,contents of annual reports ,each annual report shall include-- 7,a7 financial statements prepared in accordance with generally accepted accounting principles2 7,b7 any supplemental information or alternative presentation that the ,secretary may require2 and 7,c7 an assessment 7as of the end of the most recent fiscal year of the ,administration71 signed by the chief executive officer and chief accounting or financial officer of the ,administration1 of-- 7i7 the effectiveness of the internal control structure and procedures of the ,administration2 and 7ii7 the compliance of the ,administration with applicable safety and soundness laws4 7#c7 ,special reports ,the ,secretary may require the ,administrator to submit other reports on the condition 7including financial condition71 management1 activities1 or operations of the ,administration1 as the ,secretary considers appropriate4 7#d7 ,accuracy ,each report of financial condition shall contain a declaration by the ,administrator or any other officer designated by the ,board of ,directors of the ,administration to make the declaration1 that the report is true and correct to the best of the knowledge and belief of the officer4 7#e7 ,availability of reports ,reports required under this section shall be published and made publicly available as soon as is practicable after receipt by the ,secretary4 7j7 ,scope and termination of authority 7#a7 ,new obligations ,the ,administrator shall not initiate any new obligations under this subtitle on or after ,january #a1 #bjci4 7#b7 ,reversion to ,secretary ,the authorities and obligations of the ,administration shall revert to the ,secretary on ,january #a1 #bjci4 ,b ,beneficial ,electrification #aaa4 ,innovation in electric vehicles through the advanced technology manufacturing incentive program 7a7 ,in general 7#a7 ,in general ,section #acf7;c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;c77 is amended by striking ,december #cj1 #bjbj each place it appears and inserting ,december #ca1 #bjcj4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on ,december #ca1 #bjbj4 7b7 ,authorization of appropriations ,section #acf7;i7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;i77 is amended by striking #bjjh through #bjab and inserting #bjba through #bjcj4 #aab4 ,deployment of electric vehicles through tax credits 7a7 ,new phaseout rules added to qualified plug-,in electric vehicle tax credit ,subsection 7e7 of section #cj;,d of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7e7 ,limitation on number of new qualified plug-,in electric drive motor vehicles eligible for credit 7#a7 ,in general ,in the case of any new qualified plug-in electric drive motor vehicle sold after the date of the enactment of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj-- 7,a7 if such vehicle is sold during the transition period1 the amount determined under subsection 7b77#b7 shall be reduced by #ejj1 and 7,b7 if such vehicle is sold during the phaseout period1 only the applicable percentage of the credit otherwise allowable under subsection 7a7 shall be allowed4 7#b7 ,transition period ,for purposes of this subsection1 the transition period subsequent to the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 sold for use in the ,united ,states after ,december #ca1 #bjji1 is at least #bjj1jjj4 7#c7 ,phaseout period 7,a7 ,in general ,for purposes of this subsection1 the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 sold for use in the ,united ,states after ,december #ca1 #bjji1 is at least #fjj1jjj4 7,b7 ,applicable percentage ,for purposes of paragraph 7#a77;,b71 the applicable percentage is-- 7i7 #ej percent for the first calendar quarter of the phaseout period1 and 7ii7 #j percent for each calendar quarter thereafter4 7,c7 ,exclusion of sale of certain vehicles 7i7 ,in general ,for purposes of subparagraph 7,a71 any new qualified plug-in electric drive motor vehicle manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 which was sold during the exclusion period shall not be included for purposes of determining the number of such vehicles sold4 7ii7 ,exclusion period ,for purposes of this subparagraph1 the exclusion period is the period-- 7,i7 beginning on the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 sold for use in the ,united ,states after ,december #ca1 #bjji1 is at least #bjj1jjj1 and 7,,ii7 ending on the date of the enactment of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj4 7#d7 ,controlled groups ,rules similar to the rules of section #cj;,b7f77#d7 shall apply for purposes of this subsection4 4 7b7 ,extension of credit for new qualified fuel cell motor vehicles ,section #cj;,b7k77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbh4 7c7 ,effective date ,the amendments made by this section shall apply to property purchased after the date of the enactment of this ,act4 #aac4 ,deployment of electric vehicle charging infrastructure through supply equipment programs 7a7 ,electric vehicle supply equipment coordination ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy1 acting through the ,assistant ,secretary of the ,office of ,electricity1 shall convene a group to assess progress in the development of standards necessary to-- 7#a7 support the expanded deployment of electric vehicle supply equipment2 7#b7 develop an electric vehicle charging network to provide reliable charging for electric vehicles nationwide2 and 7#c7 ensure the development of such network will not compromise the stability and reliability of the electric grid4 7b7 ,utility electric vehicle charging programs 7#a7 ,consideration and determination respecting certain ratemaking standards ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,utility electric vehicle charging programs 7,a7 ,in general ,each ,state shall consider authorizing each electric utility of the ,state to establish rates sufficient to recover from ratepayers any capital1 operating expenditure1 or other costs of the electric utility relating to the deployment of electric vehicle supply equipment designed to provide vehicle charging or load management4 7,b7 ,definition ,for purposes of this paragraph1 the term electric vehicle supply equipment means the conductors1 including the ungrounded1 grounded1 and equipment grounding conductors1 the electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 4 7#b7 ,obligations to consider and determine 7,a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 4 7,b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended-- 7i7 by striking subsection 7b77#b7 and inserting subsection 7b72 and 7ii7 by striking 7#ai7 and inserting 7#bj74 7,c7 ,prior ,state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 of this section shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the enactment of this subsection-- 7#a7 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility2 or 7#c7 the ,state legislature has voted on the implementation of such standard 7or a comparable standard7 for such utility4 4 7c7 ,model building code for electric vehicle supply equipment 7#a7 ,development ,the ,secretary of ,energy shall develop a proposal to establish or update1 as appropriate1 model building codes for-- 7,a7 integrating electric vehicle supply equipment into residential and commercial buildings that include space for individual vehicle or fleet vehicle parking2 and 7,b7 integrating onsite renewable power equipment and electric storage equipment 7including electric vehicle batteries to be used for electric storage7 in residential and commercial buildings4 7#b7 ,consultation ,in developing the proposal under paragraph 7#a71 the ,secretary shall consult with stakeholders representing the building construction industry1 manufacturers of electric vehicles and electric vehicle supply equipment1 ,state and local governments1 and any other persons with relevant expertise or interests4 7#c7 ,deadline ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit the proposal developed under paragraph 7#a7 to the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers and the ,international ,code ,council for consideration4 #aad4 ,deployment of energy efficient buildings through tax credits 7a7 ,credit dates extended ,subsection 7g7 of section #be;,d of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#a71 by striking ,january #a1 #bjbj and inserting ,january #a1 #bjbe2 7#b7 in paragraph 7#b71 by striking after ,december #ca1 #bjai1 and before ,january #a1 #bjba and inserting after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf2 and 7#c7 in paragraph 7#c71 by striking after ,december #ca1 #bjbj1 and before ,january #a1 #bjbb and inserting after ,december #ca1 #bjbe1 and before ,january #a1 #bjbg4 7b7 ,termination date extended ,subsection 7h7 of section #be;,d of such ,code is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbf4 7c7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjai4 #aae4 ,deployment of energy efficient buildings through grants 7a7 ,energy efficient public buildings ,section #abe7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehbb7;c77 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,energy efficiency and conservation block grant program 7#a7 ,purpose ,section #edb7;b77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;b77#a77 is amended-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 diversifies energy supplies1 including by facilitating and promoting the use of alternative fuels2 4 7#b7 ,use of funds ,section #edd7i7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaed7i77 is amended to read as follows3 7#i7 deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels1 including-- 7,a7 distributed resources2 7,b7 district heating and cooling systems2 and 7,c7 infrastructure for delivering alternative fuels2 4 7#c7 ,competitive grants ,section #edf7;c77#b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaef7;c77#b77 is amended by inserting 1 including projects to expand the use of alternative fuels before the period at the end4 7#d7 ,funding ,section #edh7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeh7;a77 is amended to read as follows3 7a7 ,authorization of appropriations 7#a7 ,grants ,there is authorized to be appropriated to the ,secretary for the provision of grants under the program #c1ejj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,administrative costs ,there is authorized to be appropriated to the ,secretary for administrative expenses of the program #ce1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7#e7 ,technical amendments ,section #edc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaec7 is amended-- 7,a7 in subsection 7c71 by striking subsection 7a77#b7 and inserting subsection 7a77#c72 and 7,b7 in subsection 7d71 by striking subsection 7a77#c7 and inserting subsection 7a77#d74 7c7 ,smart ,federal building program 7#a7 ,definitions ,in this subsection3 7,a7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7,b7 ,smart building ,the term smart building means a building1 or collection of buildings1 with an energy system that-- 7i7 is flexible and automated2 7ii7 has extensive operational monitoring and communication connectivity1 allowing remote monitoring and analysis of all building functions2 7iii7 takes a systems-based approach in integrating the overall building operations for control of energy generation1 consumption1 and storage2 7iv7 communicates with utilities and other third-party commercial entities1 if appropriate2 7v7 protects the health and safety of occupants and workers2 and 7vi7 is cybersecure4 7#b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 in consultation with the ,administrator of ,general ,services1 establish a program1 to be known as the ,federal ,smart ,building ,program-- 7,a7 to implement smart building technology2 and 7,b7 to demonstrate the costs and benefits of smart buildings4 7#c7 ,selection 7,a7 ,in general ,the ,secretary shall coordinate the selection of not fewer than #a building from among each of several key ,federal agencies1 as described in paragraph 7#e71 to compose an appropriately diverse set of smart buildings based on size1 type1 and geographic location4 7,b7 ,inclusion of commercially operated buildings ,in making selections under subparagraph 7,a71 the ,secretary may include buildings that are owned by the ,federal ,government but are commercially operated4 7#d7 ,targets ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish targets for the number of smart buildings to be commissioned and evaluated by key ,federal agencies described in paragraph 7#e7 by #c years and #f years after the date of enactment of this ,act4 7#e7 ,federal agency described ,the key ,federal agencies described in this subsection shall include buildings operated by-- 7,a7 the ,department of the ,army2 7,b7 the ,department of the ,navy2 7,c7 the ,department of the ,air ,force2 7,d7 the ,department of ,energy2 7,e7 the ,department of the ,interior2 7,f7 the ,department of ,veterans ,affairs2 and 7,g7 the ,general ,services ,administration4 7#f7 ,requirement ,in implementing the program established under paragraph 7#b71 the ,secretary shall leverage existing financing mechanisms including energy savings performance contracts1 utility energy service contracts1 and annual appropriations4 7#g7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#c71 including an identification of-- 7,a7 which advanced building technologies-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7#h7 ,awards ,the ,secretary may expand awards made under the ,federal ,energy ,management ,program and the ,better ,building ,challenge to recognize specific agency achievements in accelerating the adoption of smart building technologies4 ,c ,zero-,emission ,electricity ,generation ,technology #aba4 ,deployment of solar and wind technology through tax credits 7a7 ,energy credit for qualified offshore wind facilities 7#a7 ,in general ,subsection 7a7 of section #dh of the ,internal ,revenue ,code is amended-- 7,a7 in paragraph 7#b77;,a77i7-- 7i7 in subclause 7,,iii71 by striking and at the end2 and 7ii7 by adding at the end the following new subclause3 7,v7 qualified offshore wind property1 and 2 and 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7vi71 by striking or at the end2 7ii7 in clause 7vii71 by adding or at the end2 and 7iii7 by adding at the end the following new clause3 7viii7 qualified offshore wind property1 but only with respect to property the construction of which begins before ,january #a1 #bjbh1 4 7#b7 ,qualified offshore wind property ,subsection 7c7 of section #dh of such ,code is amended by adding at the end the following new paragraph3 7#e7 ,qualified offshore wind property 7,a7 ,in general ,the term qualified offshore wind property means an offshore facility using wind to produce electricity4 7,b7 ,offshore facility ,the term offshore facility means any facility located in the inland navigable waters of the ,united ,states1 including the ,great ,lakes1 or in 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 7,c7 ,exception for qualified small wind energy property ,the term qualified offshore wind property shall not include any property described in paragraph 7#d74 7,d7 ,special rule ,in the case of any property described in subparagraph 7,a7 which was placed in service after ,december #ca1 #bjaf1 and for which a credit under this section was allowed by reason of subsection 7a77#e7 in any taxable year which ends before or includes the date of the enactment of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj1 notwithstanding any election under such subsection 7a77#e71 such property may be treated at the election of the taxpayer as qualified offshore wind property 7and not as qualified property which is part of a qualified investment credit facility7 for-- 7i7 taxable years beginning on or after such date of enactment1 and 7ii7 any taxable years ending before such date of enactment1 including by filing an amended return4 ,notwithstanding section #feja1 an amended return may be filed for purposes of clause 7ii7 for any taxable year described in such clause4 4 7#c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 7b7 ,extension and phaseout of investment tax credit 7#a7 ,extension of investment tax credit ,section #dh of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b77;,a77i77,,ii71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh2 7ii7 in paragraph 7#c77;,a7-- 7,i7 in clause 7ii71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh2 and 7,,ii7 in clause 7vii71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh2 and 7iii7 in paragraph 7#e77;,c7-- 7,i7 in clause 7i7-- 7aa7 by striking 7#b71 7#c71 7#d71 7#f71 7#g712 and 7bb7 by inserting and which is placed in service after #bjjh and the construction of which begins before ,january #a1 #bjbh after section #de7;d72 and 7,,ii7 in clause 7ii71 by inserting at the beginning of the clause which is a qualified facility 7within the meaning of section #de7 described in paragraph 7#b71 7#c71 7#d71 7#f71 and 7#g7 and2 and 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a77;,d71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh2 7ii7 in paragraph 7#b77;,d71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh2 7iii7 in paragraph 7#c77;,a77iv71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh2 and 7iv7 in paragraph 7#d77;,c71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh4 7#b7 ,credit transferability for solar investment tax credit ,section #dh of such ,code is further amended by adding at the end the following new subsections3 7e7 ,transferability ,if a taxpayer elects to transfer all 7or any portion specified in the election7 of the credit determined under this section for an energy property described in subsection 7a77#e7 or 7a77#f7 for any taxable year to an eligible project partner for a specified period1 then the eligible project partner specified in such election 7and not the taxpayer7 shall be treated for purposes of this title with respect to such credit 7or such portion thereof7 as the person entitled to such credit 7or portion thereof74 7f7 ,eligible project partner 7#a7 ,in general ,for purposes of this paragraph1 the term eligible project partner means1 with respect to any energy property described in subsection 7a77#e7 or 7a77#f71 any person who-- 7,a7 has an ownership interest in such energy property1 7,b7 provided equipment for or services in the construction of such energy property1 7,c7 provides electric transmission or distribution services for such energy property1 7,d7 purchases electricity from such energy property pursuant to a contract1 or 7,e7 provides financing for such energy property4 7#b7 ,special rule ,for purposes of paragraph 7#a77;,e71 any amount paid as consideration for a transfer described in subsection 7e7 shall not be treated as financing of a qualified facility4 7g7 ,taxable year in which credit taken into account ,in the case of any credit 7or portion thereof7 with respect to which an election is made under subsection 7e71 such credit shall be taken into account in the first taxable year of the eligible project partner ending with1 or after1 the electing taxpayer's taxable year with respect to which the credit was determined4 7h7 ,limitations on election 7#a7 ,time for election ,an election under subsection 7e7 to transfer any portion of the credit allowed under this section shall be made not later than the due date for the return of tax for the electing taxpayer's taxable year with respect to which the credit was determined4 7#b7 ,no further transfers ,no election may be made under subsection 7e7 by a taxpayer with respect to any portion of the credit allowed under this section which has been previously transferred to such taxpayer4 7#c7 ,treatment of transfer under private use rules ,for purposes of section #ada7;b77#a71 any benefit derived by an eligible project partner in connection with an election under subsection 7e7 shall not be taken into account as a private business use4 7#d7 ,additional election requirements ,the ,secretary may prescribe such regulations as may be appropriate to carry out the purposes of this section1 including-- 7,a7 rules for determining which persons are eligible project partners with respect to any energy property1 and 7,b7 requiring information to be included in an election under subparagraph 7,a7 or imposing additional reporting requirements4 7i7 ,special rules 7#a7 ,in the case of a taxpayer making an election under this section1 the credit subject to such an election shall be determined notwithstanding-- 7,a7 section #ej7;b77#c72 and 7,b7 section #ej7;b77#d7 for an entity described in #ej7;b77#d77;,a77i74 7#b7 ,in the case of a mutual or cooperative electric company described in this paragraph or an organization described in section #acha7;a77#b71 income received or accrued in connection with the transfer of credit under this section shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses4 7j7 ,termination ,this section shall apply to taxable years ending before ,january #a1 #bjej4 4 7#c7 ,phaseouts 7,a7 ,solar energy property ,section #dh7;a77#f7 of such ,code is amended-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,january #a1 #bjbb1 the energy percentage and inserting ,january #a1 #bjbh1 the energy percentage2 7,,ii7 in clause 7i71 by striking after ,december #ca1 #bjai1 and before ,january #a1 #bjba and inserting after ,december #ca1 #bjbj1 and before ,january #a1 #bjbg2 and 7,,iii7 in clause 7ii71 by striking after ,december #ca1 #bjbj1 and before ,january #a1 #bjbb and inserting after ,december #ca1 #bjba1 and before ,january #a1 #bjbg2 and 7ii7 in subparagraph 7,b71 by striking begins before ,january #a1 #bjbb1 and which is not placed in service before ,january #a1 #bjbd and inserting begins before ,january #a1 #bjbh1 and which is not placed in service before ,january #a1 #bjcj4 7,b7 ,fiber-optic solar1 qualified fuel cell1 and qualified small wind energy property ,section #dh7;a77#g7 of such ,code is amended-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking after ,december #ca1 #bjai1 and before ,january #a1 #bjba and inserting after ,december #ca1 #bjbj1 and before ,january #a1 #bjbg2 and 7,,ii7 in clause 7ii71 by striking after ,december #ca1 #bjbj1 and before ,january #a1 #bjbb and inserting after ,december #ca1 #bjba1 and before ,january #a1 #bjbg2 and 7ii7 in subparagraph 7,b71 by striking ,january #a1 #bjbd and inserting ,january #a1 #bjcj4 7c7 ,extension of production tax credit 7#a7 ,wind ,section #de7;d77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbh4 7#b7 ,hydropower1 marine and hydrokinetic ,section #de7;d77#i77;a77i7 and 7ii7 and ,section #de7;d77#aa77;,b7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbh4 7#c7 ,application of phaseout percentage ,section #de7;b77#e77;,d7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbh4 7#d7 ,treatment as energy property ,section #dh7;a77#e77;,e7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbh4 7#e7 ,credit transferability for wind production tax credit ,section #de of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7f7 ,transferability ,if the taxpayer elects to transfer all 7or any portion specified in the election7 of the credit determined under this section for any taxable year with respect to any qualified facility as defined in subsection 7d77#a7 to an eligible project partner for a specified period1 then1 the eligible project partner specified in such election 7and not the taxpayer7 shall be treated for purposes of this title with respect to such credit 7or such portion thereof7 as the person producing and selling the electricity to which such credit 7or portion thereof7 relates4 7g7 ,eligible project partner 7#a7 ,in general ,for purposes of this section1 the term eligible project partner means1 with respect to any qualified facility as defined in subsection 7d77#a71 any person who-- 7,a7 has an ownership interest in such qualified facility1 7,b7 provided equipment for or services in the construction of such qualified facility1 7,c7 provides electric transmission or distribution services for such qualified facility1 7,d7 purchases electricity from such qualified facility pursuant to a contract1 or 7,e7 provides financing for such qualified facility4 7#b7 ,special rule ,for purposes of paragraph 7#a77;,e71 any amount paid as consideration for a transfer described in subsection 7f7 shall not be treated as financing of a qualified facility4 7h7 ,taxable year in which credit taken into account ,in the case of any credit 7or portion thereof7 with respect to which an election is made under subsection 7f71 such credit shall be taken into account in the first taxable year of the eligible project partner ending with1 or after1 the electing taxpayer's taxable year with respect to which the credit was determined4 7i7 ,limitations on election 7#a7 ,time for election ,an election under subsection 7f7 to transfer any portion of the credit allowed under this section shall be made not later than the due date for the return of tax for the electing taxpayer's taxable year with respect to which the credit was determined4 7#b7 ,no further transfers ,no election may be made under subsection 7f7 by a taxpayer with respect to any portion of the credit allowed under this section which has been previously transferred to such taxpayer under this paragraph4 7#c7 ,treatment of transfer under private use rules ,for purposes of section #ada7;b77#a71 any benefit derived by an eligible project partner in connection with an election under this section shall not be taken into account as a private business use4 7#d7 ,additional election requirements ,the ,secretary may prescribe such regulations as may be appropriate to carry out the purposes of this section1 including-- 7,a7 rules for determining which persons are eligible project partners with respect to any energy property1 and 7,b7 requiring information to be included in an election under subsection 7f7 or imposing additional reporting requirements4 7j7 ,termination ,this section shall apply to taxable years ending before ,january #a1 #bjej4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #abb4 ,energy tax credit monetization 7a7 ,in general ,subchapter ,b of chapter #fe of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #fdca4 ,elective ,payment for ,energy ,property and ,electricity ,produced from ,certain ,renewable ,resources1 ,etc 7a7 ,energy property ,in the case of a taxpayer making an election 7at such time and in such manner as the ,secretary may provide7 under this section with respect to-- 7#a7 any portion of an energy credit which would 7without regard to this section7 be determined under section #dh with respect to property originally placed in service after ,december #ca1 #bjai and before ,january #a1 #bjbe1 7#b7 any portion of a renewable electricity production credit which would 7without regard to this section7 be determined under section #de with respect to property originally placed in service after ,december #ca1 #bjai and before ,january #a1 #bjbe1 or 7#c7 any portion of a credit carryforward to the extent attributable to section #dh or section #de that is allowed under section #ch7;a77#a7 7determined without regard to section #ch7;c77 for taxable years ending after ,december #ca1 #bjai and before ,january #a1 #bjbe1 such taxpayer shall be treated as making a payment against the tax imposed by subtitle ,a for the taxable year equal to #he percent of such amount4 7b7 ,timing ,the payment described in subsection 7a7 shall be treated as made on the later of the due date of the return of tax 7determined without extensions7 for such taxable year or the date on which such return is filed4 7c7 ,exclusion from gross income ,gross income of the taxpayer shall be determined without regard to this section4 7d7 ,denial of double benefit ,solely for purposes of section #ch1 in the case of a taxpayer making an election under this section1 the energy credit determined under section #dh or the renewable electricity production credit determined under section #de shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election4 7e7 ,special rules 7#a7 ,in the case of a taxpayer making an election under this section1 the credit subject to such an election shall be determined notwithstanding-- 7,a7 section #ej7;b77#c72 and 7,b7 section #ej7;b77#d7 for an entity described in #ej7;b77#d77;,a77i74 7#b7 ,in the case of a mutual or cooperative electric company described in this paragraph or an organization described in section #acha7;a77#b71 income received or accrued in connection with the refunding or direct payment of credit under this section shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #fe of such ,code is amended by adding at the end the following new item3 ,sec4 #fdca4 ,elective payment for energy property and electricity produced from certain renewable resources1 etc4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years ending after the date of the enactment of this ,act4 #abc4 ,innovation in energy storage through research1 development1 and demonstration 7a7 ,in general ,the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended-- 7#a7 by redesignating subsections 7l7 through 7p7 as subsections 7m7 through 7q71 respectively2 and 7#b7 by inserting after subsection 7k7 the following3 7l7 ,grid-,scale energy storage system research1 development1 and demonstration program 7#a7 ,definitions ,in this subsection3 7,a7 ,energy storage system ,the term energy storage system means a system1 equipment1 facility1 or technology that-- 7i7 is capable of absorbing energy1 storing that energy for a period of time1 and dispatching the stored energy2 and 7ii7 7,i7 uses a mechanical1 electrical1 chemical1 electrochemical1 or thermal process to store energy that-- 7aa7 was generated at an earlier time for use at a later time2 or 7bb7 was generated from a mechanical process1 and would otherwise be wasted1 for delivery at a later time2 or 7,,ii7 stores thermal energy for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity at that later time1 in the same manner as the storage and use offered by a grid-enabled water heater4 7,b7 ,program ,the term program means the research1 development1 and demonstration program established under paragraph 7#b77;,a74 7#b7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish within the ,office of ,electricity of the ,department of ,energy a research1 development1 and demonstration program of grid-scale energy storage systems1 in accordance with this subsection4 7,b7 ,goals1 priorities1 cost targets ,not later than #ahj days after the date of enactment of this ,act1 ,the ,secretary shall develop goals1 priorities1 and cost targets for the program4 7#c7 ,strategic plan 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a #aj-year strategic plan for the program4 7,b7 ,contents ,the strategic plan submitted under subparagraph 7,a7 shall-- 7i7 identify ,department of ,energy programs that support-- 7,i7 the research and development activities described in paragraph 7#d7 and the demonstration projects under paragraph 7#f72 and 7,,ii7 activities or projects not described in subclause 7,i7 that are important to the development of grid-scale energy storage systems and the mission of the ,office of ,electricity of the ,department of ,energy1 as determined by the ,secretary2 and 7ii7 include expected timelines for-- 7,i7 the accomplishment of relevant objectives under current programs of the ,department of ,energy relating to grid-scale energy storage systems2 and 7,,ii7 the commencement of any new initiatives within the ,department of ,energy relating to grid-scale energy storage systems to accomplish those objectives4 7,c7 ,updates to plan ,not less frequently than once every #b years1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives an updated strategic plan for the same #aj-year period as the plan under subparagraph 7,a71 which shall identify1 and provide a justification for1 any major deviation from a previous strategic plan submitted under this paragraph4 7#d7 ,research and development ,in carrying out the program1 the ,secretary shall focus research and development activities on developing cost-effective energy storage systems that-- 7,a7 7i7 to balance day-scale needs1 are capable of highly flexible power output for not less than #f hours2 and 7ii7 have a lifetime of-- 7,i7 not less than #h1jjj cycles of discharge at full output2 and 7,,ii7 #bj years of useful-life operation2 7,b7 7i7 can provide power to the electric grid for durations of approximately #f to #ajj hours2 and 7ii7 have a lifetime of-- 7,i7 not less than #a1ejj cycles of discharge at full output2 and 7,,ii7 #bj years of operation2 and 7,c7 can store energy over several months and address seasonal scale variations in supply and demand4 7#e7 ,cost targets 7,a7 ,in general ,cost targets developed by the ,secretary under paragraph 7#b77;,b7 shall-- 7i7 be for energy storage costs across all types of energy storage technology2 and 7ii7 include technology costs1 installation costs1 balance of services costs1 and soft costs4 7,b7 ,target updates2 subtargets ,not less frequently than once every #e years during the #aj-year period beginning on the date of enactment of the ,act1 the ,secretary shall-- 7i7 revise the cost targets developed under paragraph 7#b77;,b7 based on-- 7,i7 a technology-neutral approach that considers all types of energy storage deployment scenarios1 including individual technologies1 technology combination use profiles1 and integrated control system applications2 7,,ii7 input from a variety of stakeholders2 7,,iii7 the inclusion and use of existing infrastructure2 and 7,,iv7 the ability to optimize the integration of intermittent renewable energy generation technology and distributed energy resources2 and 7ii7 establish cost subtargets for technologies and applications relating to the energy storage systems described in paragraph 7#d71 taking into consideration-- 7,i7 electricity market prices2 and 7,,ii7 the goal of being cost-competitive in specific markets for electric grid products and services4 7#f7 ,demonstration projects 7,a7 ,in general ,not later than ,september #cj1 #bjbc1 under the program1 the ,secretary shall1 to the maximum extent practicable1 enter into agreements to carry out not more than #e grid-scale energy storage system demonstration projects1 including at least one in which an electric cooperative is a participant and at least one in which a retail electricity supplier that is a ,state1 or any political subdivision of a ,state is a participant4 7,b7 ,objective ,each demonstration project carried out under subparagraph 7,a7 shall be designed to further the development of the energy storage systems described in paragraph 7#d74 7,c7 ,no ownership interest ,the ,federal ,government shall not hold any equity or other ownership interest in any grid-scale energy storage system that is part of a demonstration project under this paragraph4 7#g7 ,testing and validation ,the ,secretary shall accelerate the standardized testing and validation of grid-scale energy storage systems under the program through collaboration with one or more ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja771 including by developing testing and evaluation methodologies for-- 7,a7 standardized grid performance testing for energy storage systems1 materials1 and technologies during each stage of development1 beginning with the research stage and ending with the deployment stage1 including performance testing with charge and discharge protocols to evaluate power capability1 energy output1 and degradation during cycling and calendar aging on earliest stage commercially viable prototypes 7commonly less than #ajj kilowatts72 and 7,b7 accelerated life testing protocols to predict estimated lifetime metrics with accuracy4 7#h7 ,coordination ,to accelerate the development of grid-scale energy storage systems under the program the ,secretary shall coordinate with-- 7,a7 offices within the ,department of ,energy conducting energy storage research1 such as the ,advanced ,research ,projects ,agency-,energy1 the ,office of ,science1 and the ,office of ,energy ,efficiency and ,renewable ,energy2 7,b7 ,federal agencies that are carrying out initiatives to increase energy security or reliability1 such as the ,department of ,defense1 the ,national ,science ,foundation1 the ,federal ,energy ,regulatory ,commission1 and the ,department of ,homeland ,security2 7,c7 program offices that aim to increase domestic manufacturing and production1 such as the ,office of ,advanced ,manufacturing in the ,department of ,energy and the ,national ,institute of ,standards and ,technology in the ,department of ,commerce2 and 7,d7 members of private industry to advance the development of commercially viable grid-scale energy storage systems4 4 7b7 ,authorization of appropriations ,the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended1 in subsection 7q7 7as redesignated by subsection 7a77#a77-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 the research1 development1 and demonstration program of grid-scale energy storage systems under subsection 7l7 #fj1jjj1jjj for each of fiscal years #bjba through #bjbd4 4 #abd4 ,deployment of energy storage through tax credits 7a7 ,energy credit for energy storage technologies 7#a7 ,in general ,subclause 7,,ii7 of section #dh7;a77#b77;,a77i7 of the ,internal ,revenue ,code of #aihf is amended by striking paragraph 7#c77;,a77i7 and inserting clause 7i7 or 7ix7 of paragraph 7#c77;,a74 7#b7 ,energy storage technologies ,subparagraph 7,a7 of section #dh7;a77#c7 of the ,internal ,revenue ,code of #aihf1 as amended by section #aba1 is amended by striking or at the end of clause 7vii71 by adding or at the end of clause 7viii71 and by adding at the end the following new clause3 7ix7 equipment which receives1 stores1 and delivers energy using batteries1 compressed air1 pumped hydropower1 hydrogen storage 7including hydrolysis71 thermal energy storage1 regenerative fuel cells1 flywheels1 capacitors1 superconducting magnets1 or other technologies identified by the ,secretary in consultation with the ,secretary of ,energy1 and which has a capacity of not less than #e kilowatt hours1 4 7#c7 ,phaseout of credit ,paragraph 7#f7 of section #dh7;a7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking energy in the heading and inserting and energy storage2 and 7,b7 by striking paragraph 7#c77;,a77i7 both places it appears and inserting clause 7i7 or 7ix7 of paragraph 7#c77;,a74 7#d7 ,effective date ,the amendments made by this subsection shall apply to property placed in service after ,december #ca1 #bjai4 7b7 ,residential energy efficient property credit for battery storage technology 7#a7 ,in general ,subsection 7a7 of section #be;,d of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#d71 by inserting and after the comma at the end of paragraph 7#e71 and by inserting after paragraph 7#e7 the following new paragraph3 7#f7 the qualified battery storage technology expenditures1 4 7#b7 ,qualified battery storage technology expenditure ,subsection 7d7 of section #be;,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#f7 ,qualified battery storage technology expenditure ,the term qualified battery storage technology expenditure means an expenditure for battery storage technology which-- 7,a7 is installed on or in connection with a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 and 7,b7 has a capacity of not less than #c kilowatt hours4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to expenditures paid or incurred in taxable years beginning after ,december #ca1 #bjah4 #abe4 ,normalization opt-out for utilities ,paragraph 7#b7 of section #ej7;d7 of the ,internal ,revenue ,code of #aihf is amended by adding after the first sentence the following3 ,at the election of a taxpayer1 this paragraph shall not apply to energy property described in clause 7i7 or 7ix7 of section #dh7;a77#c77;,a7 that is placed in service by the taxpayer after ,december #ca1 #bjai1 provided-- 7,a7 no election under this paragraph shall be permitted if the making of such election is prohibited by1 or required by1 a ,state or political subdivision thereof1 by any agency or instrumentality of the ,united ,states1 or by a public service or public utility commission or other similar body of any ,state or political subdivision that regulates public utilities as described in section #ggja7;a77#cc77;,a71 and 7,b7 an election under this paragraph shall be made separately with respect to each energy property by the due date 7including extensions7 of the ,federal tax return for the taxable year in which such property is placed in service by the taxpayer1 and once made1 may be revoked only with the consent of the ,secretary4 4 #abf4 ,deployment of carbon capture utilization and storage through tax credits ,section #de,q7d77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjbd and inserting ,december #ca1 #bjbi4 #abg4 ,innovation in advanced nuclear technology through demonstration 7a7 ,findings ,congress finds that-- 7#a7 the national security nuclear enterprise1 which supports the nuclear weapons stockpile stewardship and naval reactors functions of the ,national ,nuclear ,security ,administration1 requires a domestic source of low- and high-enriched uranium due to legal restrictions regarding foreign obligations relating to the beginning stage of the nuclear fuel cycle2 7#b7 many domestic advanced nuclear power industry participants require access to high-assay1 low-enriched uranium fuel for-- 7,a7 operation of demonstration reactors2 and 7,b7 initial fuel testing2 7,c7 commercial operation of advanced nuclear reactors2 7#c7 as of the date of enactment of this ,act1 no domestic uranium enrichment or fuel fabrication capability exists for uranium fuel enriched to greater than #e weight percent of the uranium-#bce isotope2 7#d7 a healthy commercial nuclear fuel cycle capable of providing higher levels of enriched uranium would benefit-- 7,a7 the relevant national security functions of the ,national ,nuclear ,security ,administration2 and 7,b7 the domestic advanced nuclear industry of the ,united ,states2 and 7#e7 making limited quantities of high-assay1 low-enriched uranium available from ,department of ,energy stockpiles of uranium would allow for initial fuel testing and demonstration of advanced nuclear reactor concepts1 accelerating-- 7,a7 the path to market of those concepts2 and 7,b7 the development of-- 7i7 a market for advanced nuclear reactors2 and 7ii7 a resulting growing commercial nuclear fuel cycle capability4 7b7 ,nuclear reactor demonstration project 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is amended by adding at the end the following3 #iei;,a4 ,advanced nuclear reactor research and development goals 7a7 ,definitions ,in this section3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means-- 7,a7 a nuclear fission reactor1 including a prototype plant 7as defined in sections #ej4b and #eb4a of title #aj1 ,code of ,federal ,regulations 7or successor regulations771 with significant improvements compared to the most recent generation of fission reactors1 including improvements such as-- 7i7 additional inherent safety features2 7ii7 lower waste yields2 7iii7 improved fuel performance2 7iv7 increased tolerance to loss of fuel cooling2 7v7 enhanced reliability2 7vi7 increased proliferation resistance2 7vii7 increased thermal efficiency2 7viii7 reduced consumption of cooling water2 7ix7 the ability to integrate into electric applications and nonelectric applications2 7x7 modular sizes to allow for deployment that corresponds with the demand for electricity2 and 7xi7 operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy2 or 7,b7 a nuclear fusion reactor4 7#b7 ,demonstration project ,the term demonstration project means an advanced nuclear reactor operated-- 7,a7 as part of the power generation facilities of an electric utility system2 or 7,b7 in any other manner for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor for the generation of electricity or other useful energy output4 7b7 ,purpose ,the purpose of this section is to direct the ,secretary1 as soon as practicable after the date of enactment of this section1 to advance the research and development of domestic advanced1 affordable1 and clean nuclear energy by-- 7#a7 demonstrating different advanced nuclear reactor technologies that could be used by the electric power sector to produce-- 7,a7 emission-free power at a levelized cost of electricity of #fj per megawatt-hour or less2 7,b7 heat for community heating1 industrial purposes1 or synthetic fuel production2 7,c7 remote or off-grid energy supply2 or 7,d7 backup or mission-critical power supplies2 7#b7 developing subgoals for nuclear energy research programs that would accomplish the goals of the demonstration projects carried out under subsection 7c72 7#c7 identifying research areas that the electric power sector is unable or unwilling to undertake due to the cost of1 or risks associated with1 the research2 and 7#d7 facilitating the access of the electric power sector-- 7,a7 to ,federal research facilities and personnel2 and 7,b7 to the results of research relating to civil nuclear technology funded by the ,federal ,government4 7c7 ,demonstration projects 7#a7 ,in general ,the ,secretary shall1 to the maximum extent practicable-- 7,a7 complete not fewer than two advanced nuclear reactor demonstration projects by not later than ,december #ca1 #bjcj2 and 7,b7 establish a program to demonstrate not fewer than two1 and not more than five1 additional operational advanced reactor designs by not later than ,december #ca1 #bjce4 7#b7 ,requirements ,in carrying out demonstration projects under paragraph 7#a71 the ,secretary shall-- 7,a7 include diversity in designs for the advanced nuclear reactors demonstrated under this section1 including designs using various-- 7i7 primary coolants2 7ii7 fuel types and compositions2 and 7iii7 neutron spectra2 7,b7 seek to ensure that-- 7i7 the long-term cost of electricity or heat for each design to be demonstrated under this subsection has the capability of being cost-competitive in the applicable market2 and 7ii7 the selected projects can meet the deadline established in paragraph 7#a7 to demonstrate first-of-a-kind advanced nuclear reactor technologies1 for which additional information shall be considered1 including-- 7,i7 the readiness level of a proposed advanced nuclear reactor technology2 7,,ii7 the technical abilities and qualifications of teams desiring to partner with the ,department to demonstrate a proposed advanced nuclear reactor technology2 and 7,,iii7 the capacity to meet cost-share requirements of the ,department2 7,c7 ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs1 which review shall-- 7i7 be conducted by a panel that includes not fewer than #a representative of each of-- 7,i7 an electric utility2 and 7,,ii7 an entity that uses high-temperature process heat for manufacturing or industrial processing1 such as a petrochemical company1 a manufacturer of metals1 or a manufacturer of concrete2 and 7ii7 include a review of cost-competitiveness and other value streams1 together with the technology readiness level1 of each design to be demonstrated under this subsection2 7,d7 enter into cost-sharing agreements with partners in accordance with section #ihh for the conduct of activities relating to the research1 development1 and demonstration of private-sector advanced nuclear reactor designs under the program2 7,e7 work with electric power sector partners to identify potential sites1 including ,department-owned sites1 for demonstrations1 as appropriate2 and 7,f7 align specific activities carried out under demonstration projects carried out under this subsection with priorities identified through direct consultations between-- 7i7 the ,department2 7ii7 ,national ,laboratories2 7iii7 institutions of higher education2 7iv7 traditional end-users 7such as electric utilities72 7v7 potential end-users of new technologies 7such as users of high-temperature process heat for manufacturing processing1 including petrochemical companies1 manufacturers of metals1 or manufacturers of concrete72 and 7vi7 developers of advanced nuclear reactor technology4 7#c7 ,additional requirements ,in carrying out demonstration projects under paragraph 7#a71 the ,secretary shall-- 7,a7 identify candidate technologies that-- 7i7 are not developed sufficiently for demonstration within the initial required timeframe described in paragraph 7#a77;,a72 but 7ii7 could be demonstrated within the timeframe described in paragraph 7#a77;,b72 7,b7 identify technical challenges to the candidate technologies identified in subparagraph 7,a72 7,c7 support near-term research and development to address the highest-risk technical challenges to the successful demonstration of a selected advanced reactor technology1 in accordance with-- 7i7 subparagraph 7,b72 and 7ii7 the research and development activities under section #ieh2 and 7,d7 establish such technology advisory working groups as the ,secretary determines to be appropriate to advise the ,secretary regarding the technical challenges identified under subparagraph 7,b7 and the scope of research and development programs to address the challenges1 in accordance with subparagraph 7,c71 to be comprised of-- 7i7 private-sector advanced nuclear reactor technology developers2 7ii7 technical experts with respect to the relevant technologies at institutions of higher education2 and 7iii7 technical experts at the ,national ,laboratories4 7d7 ,goals 7#a7 ,in general ,the ,secretary shall establish goals for research relating to advanced nuclear reactors facilitated by the ,department that support the objectives of the program for demonstration projects established under subsection 7c74 7#b7 ,coordination ,in developing the goals under paragraph 7#a71 the ,secretary shall coordinate1 on an ongoing basis1 with members of private industry to advance the demonstration of various designs of advanced nuclear reactors4 7#c7 ,requirements ,in developing the goals under paragraph 7#a71 the ,secretary shall ensure that-- 7,a7 research activities facilitated by the ,department to meet the goals developed under this subsection are focused on key areas of nuclear research and deployment ranging from basic science to full-design development1 safety evaluation1 and licensing2 7,b7 research programs designed to meet the goals emphasize-- 7i7 resolving materials challenges relating to extreme environments1 including extremely high levels of-- 7,i7 radiation fluence2 7,,ii7 temperature2 7,,iii7 pressure2 and 7,,iv7 corrosion2 and 7ii7 qualification of advanced fuels2 7,c7 activities are carried out that address near-term challenges in modeling and simulation to enable accelerated design and licensing2 7,d7 related technologies1 such as technologies to manage1 reduce1 or reuse nuclear waste1 are developed2 7,e7 nuclear research infrastructure is maintained or constructed1 such as-- 7i7 currently operational research reactors at the ,national ,laboratories and institutions of higher education2 7ii7 hot cell research facilities2 7iii7 a versatile fast neutron source2 and 7iv7 a molten salt testing facility2 7,f7 basic knowledge of non-light water coolant physics and chemistry is improved2 7,g7 advanced sensors and control systems are developed2 and 7,h7 advanced manufacturing and advanced construction techniques and materials are investigated to reduce the cost of advanced nuclear reactors4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #cjj1jjj1jjj for each of fiscal years #bjba through #bjce4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is further amended by inserting after the item relating to section #iei the following3 ,sec4 #iei;,a4 ,advanced nuclear reactor research and development goals4 4 7#c7 ,conforming amendment ,section #iea7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b77#a77 is amended by striking ,the term and inserting ,except as provided in section #iei;,a1 the term4 7c7 ,long-,term nuclear power purchase agreement pilot program 7#a7 ,in general ,subtitle ,b of title ,,vi of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh7 is amended by adding at the end the following3 #fdj4 ,long-term nuclear power purchase agreement pilot program 7a7 ,establishment ,the ,secretary shall establish a pilot program for a long-term nuclear power purchase agreement4 7b7 ,requirements ,in developing the pilot program under this section1 the ,secretary shall-- 7#a7 consult and coordinate with the heads of other ,federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than #aj years1 including-- 7,a7 the ,secretary of ,defense2 and 7,b7 the ,secretary of ,homeland ,security2 and 7#b7 not later than ,december #ca1 #bjbc1 enter into at least #a agreement to purchase power from a commercial nuclear reactor that receives the first license for that reactor from the ,nuclear ,regulatory ,commission after ,january #a1 #bjba4 7c7 ,factors for consideration 7#a7 ,in general ,in carrying out this section1 the ,secretary shall give special consideration to power purchase agreements for first-of-a-kind or early deployment nuclear technologies that can provide reliable and resilient power to high-value assets for national security purposes or other purposes as the ,secretary determines to be in the national interest1 especially in remote off-grid scenarios or grid-connected scenarios that can provide capabilities commonly known as islanding power capabilities during an emergency scenario4 7#b7 ,effect on rates ,an agreement to purchase power under this section may be at a rate that is higher than the average market rate1 if the agreement fulfills an applicable consideration described in paragraph 7#a74 4 7#b7 ,table of contents ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is further amended by inserting after the item relating to section #fci the following3 ,sec4 #fdj4 ,long-term nuclear power purchase agreement pilot program4 4 7d7 ,nuclear strategic plan 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is further amended by adding at the end the following3 #iei;,b4 ,nuclear energy strategic plan 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall submit to the ,committees on ,energy and ,commerce and ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a #aj-year strategic plan for the ,office of ,nuclear ,energy of the ,department1 in accordance with this section4 7b7 ,requirements 7#a7 ,components ,the strategic plan under this section shall designate-- 7,a7 programs that support the planned accomplishment of-- 7i7 the goals established under section #iei;,a2 and 7ii7 the demonstration programs identified under subsection 7c7 of that section2 and 7,b7 programs that-- 7i7 do not support the planned accomplishment of demonstration programs1 or the goals1 referred to in subparagraph 7,a72 but 7ii7 are important to the mission of the ,office of ,nuclear ,energy1 as determined by the ,secretary4 7#b7 ,program planning ,in developing the strategic plan under this section1 the ,secretary shall specify expected timelines for1 as applicable-- 7,a7 the accomplishment of relevant objectives under current programs of the ,department2 or 7,b7 the commencement of new programs to accomplish those objectives4 7c7 ,updates ,not less frequently than once every #b years1 the ,secretary shall submit to the ,committees on ,energy and ,commerce and ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an updated strategic plan in accordance with subsection 7b71 which shall identify1 and provide a justification for1 any major deviation from a previous strategic plan submitted under this section4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is further amended by inserting after the item relating to section #iei;,a the following3 ,sec4 #iei;,b4 ,nuclear energy strategic plan4 4 #abh4 ,innovation in carbon removal1 utilization1 and storage through research1 development1 and demonstration 7a7 ,carbon removal 7#a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is amended by adding at the end the following3 #ifi4 ,carbon removal 7a7 ,establishment ,the ,secretary1 in coordination with the ,secretary of ,agriculture1 and in consultation with the ,secretary of the ,interior and the ,administrator of the ,environmental ,protection ,agency1 shall establish a research1 development1 and demonstration program 7referred to in this section as the program7 to test1 validate1 or improve technologies and strategies to remove carbon dioxide from the atmosphere on a large scale4 7b7 ,cross-,cutting direction ,the ,secretary shall ensure that the program-- 7#a7 is cross-cutting in nature2 and 7#b7 includes the coordinated participation of the ,office of ,fossil ,energy1 the ,office of ,science1 and the ,office of ,energy ,efficiency and ,renewable ,energy4 7c7 ,program activities ,the program may include research1 development1 and demonstration activities relating to-- 7#a7 direct air capture and storage technologies2 7#b7 bioenergy with carbon capture and sequestration2 7#c7 enhanced geological weathering2 7#d7 agricultural and grazing practices2 7#e7 forest management and afforestation2 7#f7 conservation and restoration of tidal marshes1 mangroves1 and seagrasses2 and 7#g7 planning and management of other types of natural and artificial carbon sinks4 7d7 ,requirements ,in developing and identifying carbon removal technologies and strategies under the program1 the ,secretary shall consider-- 7#a7 the potential for carbon removal or reduction on a gigaton scale2 7#b7 the extent to which the carbon storage can be made permanent2 7#c7 net greenhouse gas emissions2 7#d7 ocean acidification2 7#e7 land use changes1 including impacts on natural and managed ecosystems2 7#f7 other potential impacts to human health and safety and the environment2 7#g7 commercial viability2 7#h7 economic co-benefits2 and 7#i7 the impacts described in paragraphs 7#a7 through 7#h7 in both the near-term and the long-term4 4 7#b7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by adding at the end of the items relating to subtitle ,f of title ,,ix the following3 ,sec4 #ifi4 ,carbon removal4 4 7b7 ,fossil energy ,section #ifa7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia7;a77 is amended-- 7#a7 in paragraph 7#f71 by inserting 1 including technology development to reduce emissions of carbon dioxide and associated emissions of heavy metals and other toxic substances within coal combustion residues and gas streams resulting from fossil fuel use and production before the period at the end2 and 7#b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,increasing the export of fossil energy-related equipment1 technology1 including carbon removal and utilization technologies1 and services from the ,united ,states4 7#h7 ,developing carbon removal and utilization technologies1 products1 and methods that result in net reductions in greenhouse gas emissions1 including direct air capture and storage1 and carbon use and reuse for commercial application4 7#i7 ,improving the conversion1 use1 and storage of carbon dioxide produced from fossil fuels4 4 7c7 ,carbon removal technology prize competition 7#a7 ,definitions ,in this subsection3 7,a7 ,dilute media ,the term dilute media means media in which the concentration of carbon dioxide is less than #a percent by volume4 7,b7 ,prize competition ,the term prize competition means the competitive technology prize competition established under paragraph 7#b74 7,c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall establish a competitive technology prize competition to award prizes for carbon dioxide capture from dilute media4 7#c7 ,requirements ,in carrying out this subsection1 the ,secretary1 in accordance with section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 shall develop requirements for-- 7,a7 the prize competition process2 and 7,b7 monitoring and verification procedures for projects selected to receive a prize under the prize competition4 7#d7 ,eligible projects ,to be eligible for a prize awarded through the prize competition1 a project shall-- 7,a7 meet minimum performance standards set by the ,secretary2 7,b7 meet minimum levels set by the ,secretary for the capture of carbon dioxide from dilute media2 and 7,c7 demonstrate in the application of the project for a prize-- 7i7 a design for a promising carbon capture technology that will-- 7,i7 be operated on a demonstration scale2 and 7,,ii7 have the potential to achieve significant reduction in the concentration of carbon dioxide in the atmosphere2 7ii7 a successful bench-scale demonstration of a carbon capture technology2 or 7iii7 an operational carbon capture technology on a commercial scale4 7d7 ,carbon utilization 7#a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is amended by adding at the end the following3 #ifi;,a4 ,carbon utilization program ,the ,secretary shall establish a program of research1 development1 and demonstration for carbon utilization-- 7#a7 to assess and monitor-- 7,a7 potential changes in lifecycle carbon dioxide and other greenhouse gas emissions2 and 7,b7 other environmental safety indicators of new technologies1 practices1 processes1 or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section #ifc2 7#b7 to identify and assess novel uses for carbon1 including the conversion of carbon oxides for commercial and industrial products1 such as-- 7,a7 chemicals2 7,b7 plastics2 7,c7 building materials2 7,d7 fuels2 7,e7 cement2 7,f7 products of coal use in power systems or other applications2 or 7,g7 other products with demonstrated market value2 7#c7 to identify and assess carbon capture technologies for industrial systems2 and 7#d7 to identify and assess alternative uses for coal that do not result in the release of carbon dioxide into the atmosphere1 including as inputs for products derived from carbon engineering1 carbon fiber1 and coal conversion methods4 4 7#b7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by adding at the end of the items relating to subtitle ,f of title ,,ix the following3 ,sec4 #ifi;,a4 ,carbon utilization program4 4 7e7 ,demonstrating carbon capture and sequestration technologies for electric generating facilities 7#a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is amended by adding at the end the following new section3 #ifi;,b4 ,demonstrating carbon capture and sequestration technologies for electric generating facilities 7a7 ,in general ,the ,secretary shall establish a program for developing and demonstrating carbon capture and sequestration technologies for reducing the carbon dioxide emissions from new and existing facilities that burn coal or natural gas to generate electricity4 ,the primary objective of this demonstration program shall be to deploy large scale pilot projects and demonstration projects that will accelerate the development1 deployment1 and commercialization of advanced new technologies for the capture and sequestration of carbon dioxide emissions from coal fired and natural gas-fired electric generating facilities4 7b7 ,deployment of pilot and demonstration projects ,the ,secretary shall provide ,federal financial assistance to eligible project developers to support the deployment of the following3 7#a7 ,pilot projects ,large scale pilot projects that test the effectiveness and performance of carbon capture and sequestration technologies under representative operating conditions at coal- and natural gas-fired electric power systems with a generating capacity of up to #bjj megawatts4 7#b7 ,demonstration projects ,demonstration projects that deploy carbon capture and sequestration technologies that have completed pilot scale testing or the equivalent1 as determined by the ,secretary1 for demonstrating such technologies on coal and natural gas fired electric generating facilities that are greater than #bjj megawatts4 7c7 ,project criteria ,to be eligible to receive ,federal financial assistance under this section1 each large-scale pilot project and demonstration project shall meet specific criteria that the ,secretary may establish by rule or guidance for-- 7#a7 evaluating the performance1 reliability1 efficiency1 and cost competitiveness of the technology for reducing carbon dioxide emissions and limiting other environmental impacts from the coal fired or natural gas fired electric generating facilities2 and 7#b7 gaining the operating data needed to understand the technical and performance risks of the technology under a wide range of representative operating conditions before the application of the technology at full commercial scale4 7d7 ,cost-,sharing ,each project shall be funded-- 7#a7 through a cost-share arrangement that the ,secretary may establish between the ,department of ,energy and the developer of the project1 as authorized under section #ihh7;b7 for large-scale pilot projects and section #ihh7;c7 for demonstration projects2 or 7#b7 under subtitle ,a of title ,i of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary for each of the fiscal years #bjba through #bjej4 4 7#b7 ,clerical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by adding at the end of the items relating to subtitle ,f of title ,,ix the following3 ,sec4 #ifi;,b4 ,demonstrating carbon capture and sequestration technologies for electric generating facilities4 4 #abi4 ,deployment of electric grid modernization through grants 7a7 ,deployment of grid modernization projects through grants ,the ,secretary of ,energy shall establish a program to provide financial assistance to eligible partnerships to carry out projects related to the modernization of the electric grid1 including-- 7#a7 projects for the deployment of technologies to improve monitoring of1 advanced controls for1 and prediction of performance of1 the electricity distribution system2 and 7#b7 projects related to transmission system interconnections1 and other transmission system issues4 7b7 ,eligible projects ,projects for which an eligible partnership may receive financial assistance under subsection 7a7 shall-- 7#a7 be designed to-- 7,a7 improve the siting1 construction1 resiliency1 performance1 or efficiency of the electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 or 7,b7 deploy a new product or technology that could be used by or for the benefit of customers of an electric utility2 and 7#b7 demonstrate-- 7,a7 secure integration and management of energy resources1 including through distributed energy generation1 combined heat and power1 microgrids1 energy storage1 electric vehicles1 smart buildings1 energy efficiency1 or demand response2 or 7,b7 secure integration and interoperability of communications and information technologies related to the electric grid4 7c7 ,cybersecurity plan ,each project carried out with financial assistance provided under subsection 7a7 shall include the development of a cybersecurity plan written in accordance with guidelines developed by the ,secretary of ,energy4 7d7 ,privacy effects analysis ,each project carried out with financial assistance provided under subsection 7a7 shall include a privacy effects analysis that evaluates the project in accordance with the ,voluntary ,code of ,conduct of the ,department of ,energy1 commonly known as the ,data,guard ,energy ,data ,privacy ,program1 or the most recent revisions to the privacy program of the ,department4 7e7 ,definitions ,in this section3 7#a7 ,eligible partnership ,the term eligible partnership means a partnership consisting of two or more entities1 which-- 7,a7 may include-- 7i7 any institution of higher education2 7ii7 a ,national ,laboratory2 7iii7 a ,state or a local government or other public body created by or pursuant to ,state law2 7iv7 an ,indian ,tribe2 7v7 a ,federal power marketing administration2 or 7vi7 a private entity that develops and provides grid modernization technology2 and 7,b7 shall include at least one of any of-- 7i7 an electric utility2 7ii7 a ,regional ,transmission ,organization2 or 7iii7 an ,independent ,system ,operator4 7#b7 ,electric utility ,the term electric utility has the meaning given that term in section #c7bb7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7bb771 except that such term does not include an entity described in subparagraph 7,b7 of such section4 7#c7 ,federal power marketing administration ,the term ,federal power marketing administration means the ,bonneville ,power ,administration1 the ,southeastern ,power ,administration1 the ,southwestern ,power ,administration1 or the ,western ,area ,power ,administration4 7#d7 ,independent system operator2 regional transmission organization ,the terms ,independent ,system ,operator and ,regional ,transmission ,organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #acj4 ,prize competition for electricity-related technologies for remote communities 7a7 ,definitions ,in this section3 7#a7 ,prize ,the term prize means a prize awarded under the prize competition4 7#b7 ,prize competition ,the term prize competition means the competition established under subsection 7b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,secretary1 in consultation with the ,secretary of ,defense1 shall establish a competition to award prizes for technologies that efficiently generate or utilize electricity for use by homes1 businesses1 communities1 or military installations that are in remote locations or are not connected to a regional or national electric grid4 7c7 ,requirements ,in carrying out this subsection1 the ,secretary1 in accordance with section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 shall develop requirements for-- 7#a7 the prize competition process2 and 7#b7 monitoring and verification procedures for projects selected to receive a prize4 7d7 ,eligible technologies ,the technologies eligible to awarded a prize shall include-- 7#a7 technologies that generate electricity and can be used without connection to the electric grid2 7#b7 technologies that store energy2 and 7#c7 appliances that are highly-efficient in their use of electricity1 including-- 7,a7 lights2 7,b7 mobile telephone chargers2 7,c7 computers2 7,d7 fans2 7,e7 refrigerators2 and 7,f7 stoves and ovens4 7e7 ,criteria ,the ,secretary shall only award a prize to a technology determined by the ,secretary to-- 7#a7 function properly2 7#b7 generate no net emissions1 or a minimal amount of net emissions1 of greenhouse gases throughout its life cycle2 7#c7 be affordable1 reliable1 durable1 safe1 and protective of human health and the environment2 7#d7 be compatible with other technologies relevant to its functioning1 including those which have been or are being awarded prizes under this section2 and 7#e7 be available for deployment at commercial-scale in every ,state1 district1 commonwealth1 territory1 and possession of the ,united ,states4 7f7 ,marketing ,entities that have been awarded a prize may publish this fact in marketing the technology that has been awarded the prize4 7g7 ,annual competition ,the ,secretary shall award #a or more prizes within #b years of the date of enactment of this section and every year thereafter4 #aca4 ,report to ,congress 7a7 ,definition ,in this section1 the term critical technologies means the technologies identified in sections #aaa through #abh of subtitles ,b and ,c of this title1 including technologies related to-- 7#a7 electric vehicles2 7#b7 energy efficient buildings2 7#c7 solar and wind energy2 7#d7 energy storage2 7#e7 nuclear power2 7#f7 carbon removal1 utilization1 and storage2 7#g7 electric grid modernization2 and 7#h7 any other technologies whose deployment the ,secretary may advance through the implementation of this title and the amendments made by this title4 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary of ,energy1 in consultation with1 as appropriate1 the heads of other relevant ,federal agencies1 ,state agencies1 and relevant stakeholders1 shall prepare1 submit to ,congress1 and make publicly available a report that-- 7#a7 identifies the major risks and benefits associated with the deployment of critical technologies2 7#b7 recommends measures for managing the risks identified in paragraph 7#a72 7#c7 analyzes barriers to deployment of critical technologies1 including-- 7,a7 the state of existing research1 development1 demonstration1 and deployment2 7,b7 a detailed identification of the foreseeable technical milestones of the research1 development1 demonstration1 and deployment described in paragraph 7,a72 7,c7 the projected likelihood of viability at commercial scale2 7,d7 access to capital2 7,e7 adverse environmental impacts2 7,f7 materials challenges relating to extreme environments1 including-- 7i7 temperature2 7ii7 pressure2 7iii7 corrosion2 7iv7 seasonality2 and 7v7 weather events2 7,g7 geographic barriers2 and 7,h7 economic and other challenges particular to different regions of the ,united ,states2 7#d7 estimates the amount and form of any financial assistance1 compensation1 or incentives needed for wide-scale deployment of critical technologies2 7#e7 recommends additional nonregulatory strategies that could increase the deployment of critical technologies2 7#f7 identifies appropriate ,federal agencies with capabilities to support ,state and local efforts towards deployment of the critical technologies2 7#g7 identifies all ,federal financial assistance programs relevant to the deployment of the critical technologies and analyzes the extent to which such programs overlap or are duplicative2 and 7#h7 evaluates the current architecture of regional electric grids 7including international transmission connections of such grids7 that together comprise the ,nation's electric grid1 with respect to-- 7,a7 potential growth in renewable energy generation1 including energy generation from offshore wind2 7,b7 potential growth in electricity demand2 7,c7 retirement of existing electricity generation assets2 and 7,d7 the range of benefits that interregional transmission provides4 ,d ,davis-,bacon ,compliance #ada4 ,davis-,bacon compliance 7a7 ,in general ,all laborers and mechanics employed on projects funded directly1 or assisted in whole or in part1 by this ,act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7b7 ,authority ,with respect to the labor standards specified in this section1 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 ,,ii ,zero-,emission ,electricity ,standard #bjj4 ,purpose ,the purpose of this title is to accelerate the deployment of zero-emission electricity technology sufficient to allow the ,united ,states to achieve an affordable1 reliable1 net-zero-emission electricity sector by no later than #bjej4 ,a ,zero-,emission ,electricity ,standard #bja4 ,definitions ,in this subtitle3 7#a7 ,affiliate ,the term affiliate has the meaning given such term in section #abfb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdea74 7#b7 ,associate company ,the term associate company has the meaning given such term in section #abfb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdea74 7#c7 ,behind-the-meter generation system ,the term behind-the-meter generation system means a system of generation of electric energy that operates on the electric consumer side of the applicable utility meter4 7#d7 ,beneficial electrification-related reduction ,the term beneficial electrification-related reduction means the net reduction of the aggregate greenhouse gas emissions of a retail electricity supplier and an electric consumer as the result of the replacement of a power source of the electric consumer that is not electric energy with electric energy provided by the retail electricity supplier1 including for the purpose of transportation1 space heating1 water heating1 or industrial processes4 7#e7 ,carbon dioxide equivalent ,the term carbon dioxide equivalent means the number of metric tons of carbon dioxide emissions with the same global warming potential over a #bj-year period as #a metric ton of another greenhouse gas1 including the effects of climate-carbon feedbacks for both carbon dioxide and the other greenhouse gas1 as determined in accordance with the ,fifth ,assessment ,report of the ,intergovernmental ,panel on ,climate ,change4 ,for methane1 the global warming potential shall include the effect of carbon dioxide from methane oxidation in the atmosphere4 7#f7 ,carbon intensity ,the term carbon intensity means the carbon dioxide equivalent emissions associated with the generation of #a megawatt-hour of electric energy1 as determined by the ,secretary under section #bjd4 7#g7 ,electric consumer ,the term electric consumer has the meaning given such term in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb74 7#h7 ,federal ,power ,marketing ,administration ,the term ,federal ,power ,marketing ,administration means the ,bonneville ,power ,administration1 the ,southeastern ,power ,administration1 the ,southwestern ,power ,administration1 or the ,western ,area ,power ,administration4 7#i7 ,generating unit ,the term generating unit means a unit or system of units that-- 7,a7 generates electric energy that is consumed in the ,united ,states2 7,b7 generates not fewer than #bj megawatt-hours of electric energy per calendar year2 and 7,c7 7i7 delivers electric energy to the electric grid2 or 7ii7 in the case of a behind-the-meter generation system-- 7,i7 delivers electric energy to the electric grid2 or 7,,ii7 generates electric energy that is consumed onsite for a useful purpose other than for generating electric energy4 7#aj7 ,generator ,the term generator means the owner or operator of a generating unit4 7#aa7 ,greenhouse gas ,the term greenhouse gas includes each of the following3 7,a7 ,carbon dioxide4 7,b7 ,methane4 7,c7 ,nitrous oxide4 7,d7 ,sulfur hexafluoride4 7,e7 ,any hydrofluorocarbon4 7,f7 ,any perfluorocarbon4 7,g7 ,nitrogen trifluoride4 7,h7 ,any fully fluorinated linear1 branched1 or cyclic-- 7i7 alkane2 7ii7 ether2 7iii7 tertiary amine2 or 7iv7 aminoether4 7,i7 ,any perfluoropolyether4 7,j7 ,any hydrofluoropolyether4 7,k7 ,any other fluorocarbon1 except for a fluorocarbon with a vapor pressure of less than #a mm of ,hg absolute at #be degrees ,celsius4 7#ab7 ,qualified combined heat and power system ,the term qualified combined heat and power system means a system that-- 7,a7 uses the same energy source for the simultaneous or sequential generation of electric energy and thermal energy2 7,b7 produces at least-- 7i7 #bj percent of the useful energy of the system in the form of electric energy2 and 7ii7 #bj percent of the useful energy of the system in the form of useful thermal energy2 7,c7 to the extent that the system uses biomass1 uses only qualified renewable biomass2 and 7,d7 operates with an energy efficiency percentage1 as determined in accordance with section #dh7;c77#c77;,c77i7 of the ,internal ,revenue ,code of #aihf1 of greater than #fj percent on a year-round basis4 7#ac7 ,qualified electricity generation 7,a7 ,in general ,the term qualified electricity generation means the number of megawatt-hours of electric energy that a generator generates using a generating unit and-- 7i7 sells directly or indirectly for use by electric consumers for purposes other than resale2 or 7ii7 that is consumed onsite for a useful purpose other than for generating electric energy4 7,b7 ,affiliate sales ,for purposes of calculating the quantity of electric energy sold by a retail electricity supplier under this paragraph1 the quantity of electric energy sold-- 7i7 by an affiliate of the retail electricity supplier1 or an associate company of the retail electricity supplier1 to an electric consumer 7other than to a lessee or tenant of the affiliate or associate company7 shall be treated as sold by the retail electricity supplier2 and 7ii7 by such retail electricity supplier to an affiliate1 lessee1 or tenant of the retail electricity supplier shall not be considered to be a sale to an electric consumer4 7#ad7 ,qualified low-carbon fuel 7,a7 ,in general ,the term qualified low-carbon fuel means a fuel that-- 7i7 is produced through any process that significantly limits or avoids greenhouse gas emissions2 and 7ii7 does not release greenhouse gas emissions during combustion4 7,b7 ,inclusion ,the term qualified low-carbon fuel includes1 subject to subparagraph 7,a7-- 7i7 ammonia2 and 7ii7 hydrogen4 7#ae7 ,qualified renewable biomass 7,a7 ,in general ,the term qualified renewable biomass means-- 7i7 any crop byproduct1 or crop residue1 harvested from actively managed1 or fallow1 agricultural land that was cleared before ,january #a1 #bjbj1 if the harvesting of the byproduct or residue does not lead to a net decline in soil organic matter for the applicable land2 7ii7 any cellulose1 hemicellulose1 or lignin that is derived from a plant that is planted for the purpose of being used to produce energy on land that was1 as of ,january #a1 #bjbj-- 7,i7 cropland1 including fallow land or other land with a cropping history2 7,,ii7 a brownfield site 7as defined in section #aja7ci7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ci7772 or 7,,iii7 an abandoned mine site2 7iii7 nonhazardous algal or other micro-crop matter2 and 7iv7 waste-- 7,i7 that is burned in a qualified combined heat and power system2 and 7,,ii7 that is-- 7aa7 methane captured from a landfill1 an animal production facility1 or a sewage treatment operation2 7bb7 nonhazardous landscape or right-of-way trimmings2 7cc7 vegetative matter removed from an area located not more than #bjj yards from a building1 residence1 or campground for the purpose of protecting structures from wildfire2 7dd7 any byproduct of a wood mill or paper mill operation1 including lignin in spent pulping liquors1 that is demonstrated to otherwise be burned for energy onsite2 7ee7 plant material removed for the purposes of invasive or noxious plant species control2 or 7ff7 downed wood from extreme weather events4 7,b7 ,limit of inclusion of invasive species ,except as provided in subparagraph 7,a77iv77,,ii77ee71 the term qualified renewable biomass does not include any matter that the ,secretary of ,agriculture1 in consultation with other ,federal or ,state departments and agencies the ,secretary determines appropriate1 determines is derived from-- 7i7 a plant that is invasive or noxious2 or 7ii7 a species or varieties of plants that are potentially invasive4 7#af7 ,qualified waste-to-energy ,the term qualified waste-to-energy means electric energy generated-- 7,a7 from the combustion of-- 7i7 post-recycled municipal solid waste1 provided such combustion does not result in emissions of-- 7,i7 an air pollutant for which air quality criteria has been issued under section #ajh of the ,clean ,air ,act2 or 7,,ii7 a hazardous air pollutant listed pursuant to section #aab7;b7 of the ,clean ,air ,act2 7ii7 gas produced from the gasification or pyrolization of post-recycled municipal solid waste2 7iii7 biogas2 7iv7 landfill methane2 7v7 animal waste or animal byproducts2 7vi7 food waste2 7vii7 if diverted from or separated from other waste out of a municipal waste stream-- 7,i7 paper products that are not commonly recyclable2 7,,ii7 vegetation2 7,,iii7 tree trimmings2 7,,iv7 solid-wood yard waste1 pallets1 or crates2 or 7,v7 manufacturing and construction debris2 or 7viii7 any byproduct of a wood or paper mill operation1 including lignin in spent pulping liquors2 and 7,b7 at a facility that the ,secretary has certified1 within the past #c years1 is in compliance with all applicable ,federal and ,state environmental permits4 7#ag7 ,retail electricity supplier ,the term retail electricity supplier1 as determined for each calendar year1 means an entity in the ,united ,states that sold not fewer than #bj megawatt-hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year4 7#ah7 ,sale ,the term sale1 when used with respect to electric energy1 has the meaning given such term in section #c7ac7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb7ac774 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#bj7 ,state ,except as otherwise provided in this title1 the term ,state means a ,state of the ,united ,states and any district1 commonwealth1 territory1 or possession of the ,united ,states4 7#ba7 ,zero-emission electricity ,the term zero-emission electricity means the fraction of the electric energy generated by a given generating unit whose generation is not associated with the release of greenhouse gases to the atmosphere4 ,the number of megawatt-hours of zero-emission electricity of a given generating unit is equal to the product obtained by multiplying-- 7,a7 the qualified electricity generation of the generating unit2 by 7,b7 the extent to which the operation of the generating unit results in fewer greenhouse gas emissions than an efficient coal-burning power plant1 which is the number that equals-- 7i7 #a4j2 less 7ii7 the quotient obtained by dividing-- 7,i7 the carbon intensity of the generating unit2 by 7,,ii7 the carbon intensity of an efficient coal-burning power plant 7which is #j4hb metric tons of carbon dioxide per megawatt-hour74 7#bb7 ,zero-emission electricity credit ,the term zero-emission electricity credit means a credit issued pursuant to section #bjd4 #bjb4 ,zero-emission electricity requirement 7a7 ,zero-,emission electricity requirement 7#a7 ,credit submission requirement ,except as otherwise provided in this section1 effective beginning with calendar year #bjbb1 for each calendar year1 not later than ,june #a of the following calendar year1 each retail electricity supplier shall submit to the ,secretary a quantity of zero-emission electricity credits that is equal to-- 7,a7 for each of calendar years #bjbb and #bjbc1 the quantity of zero-emission electricity credits determined under paragraph 7#c7 for the retail electricity supplier for such calendar year2 and 7,b7 for calendar year #bjbd and each calendar year thereafter1 the average of the quantity of zero-emission electricity credits determined under paragraph 7#c7 for the retail electricity supplier for such calendar year and the two prior calendar years4 7#b7 ,voluntary assignment of compliance obligation by public power utilities and electric cooperatives ,any retail electricity supplier that is an electric cooperative1 a ,state1 or any political subdivision of a ,state1 may elect to enter into an agreement with another political subdivision of a ,state1 an electric cooperative that has an obligation to serve such retail electricity supplier1 or a generator to assign any reporting or compliance obligation under this title to such other political subdivision of a ,state1 electric cooperative1 or generator4 ,an assignment made under this paragraph shall be established through a binding agreement executed among the relevant parties4 7#c7 ,quantity of zero-emission electricity credits 7,a7 ,in general ,for each calendar year1 the ,secretary shall determine a quantity of zero-emission electricity credits for a retail electricity supplier that is equal to the product obtained by multiplying-- 7i7 the total quantity of electric energy1 in megawatt-hours1 consumed by electric consumers of the retail electricity supplier during the calendar year1 that is provided by the retail electricity supplier or by a behind-the-meter generation system1 as reported under subsection 7b72 by 7ii7 the minimum percentage of zero-emission electricity for the calendar year4 7,b7 ,deduction for beneficial electrification 7i7 ,reduction ,in calculating the total quantity of electric energy consumed by electric consumers of a retail electricity supplier under subparagraph 7,a77i71 the ,secretary shall deduct a quantity1 in megawatt-hours1 determined in accordance with clause 7ii7 to account for beneficial electrification-related reductions4 7ii7 ,determination ,the ,secretary shall make a determination of the quantity of electric energy1 in megawatt-hours1 associated with beneficial electrification-related reductions for a retail electricity supplier for a calendar year4 ,such determination shall be made on the basis of-- 7,i7 the carbon intensity of the electric energy sold by the retail electricity supplier that results in such beneficial electrification-related reductions2 and 7,,ii7 the greenhouse gas emissions of power sources that are not electric energy that were replaced with electric energy provided by the retail electricity supplier which results in such beneficial electrification-related reductions4 7,c7 ,system support resource ,for any calendar year in which a generating unit that is owned by a retail electricity supplier has been designated a ,system ,support ,resource by the ,federal ,energy ,regulatory ,commission and is thereby required1 by an ,independent ,system ,operator or ,regional ,transmission ,organization1 or under a ,state-regulated resource planning process1 to remain in operation because retirement of the generating unit would harm the reliability of the electric energy transmission system1 in calculating the total quantity of electric energy consumed by electric consumers of the retail electricity supplier under subparagraph 7,a77i71 the ,secretary shall deduct the quantity of megawatt-hours of electricity generated by such generating unit during such calendar year4 7#d7 ,average credit prices ,for each calendar year1 the ,secretary shall-- 7,a7 analyze the market for zero-emission electricity credits in order to determine the average annual price of zero-emission electricity credits for the calendar year2 7,b7 determine whether the average annual price of a zero-emission electricity credit determined under subparagraph 7,a7 is less than half of the alternative compliance payment under subsection 7c7 for the calendar year2 and 7,c7 publish the determinations made under subparagraphs 7,a7 and 7,b7 by not later than ,january #ca of the year following the calendar year4 7#e7 ,definitions ,in this subsection3 7,a7 ,annual percentage increase 7i7 ,except as provided in clause 7ii71 the term annual percentage increase means1 with respect to a retail electricity supplier1 the product obtained by multiplying-- 7,i7 the difference between #ajj percent and the baseline zero-emission electricity percentage2 by-- 7,,ii7 #a_/bg4 7ii7 ,notwithstanding clause 7i71 beginning with calendar year #bjbe1 if the ,secretary determines under paragraph 7#d7 that the average annual price of a zero-emission electricity credit for each of the #c calendar years prior to a calendar year 7in this clause referred to as the applicable calendar year7 is less than one half of the respective alternative compliance payment for each of the #c such prior calendar years1 the annual percentage increase for the #a calendar year that begins #d years after the end of the applicable calendar year shall be twice the percentage described in clause 7i74 7,b7 ,baseline zero-emission electricity percentage 7i7 ,in general ,the term baseline zero-emission electricity percentage means1 with respect to a retail electricity supplier1 the average percentage of the electric energy consumed by all electric consumers of the retail electricity supplier that is zero-emission electricity during calendar years #bjag1 #bjah1 and #bjai4 7ii7 ,election ,for any retail electricity supplier served by an ,independent ,system ,operator or a ,regional ,transmission ,organization1 or participating in a joint unit commitment and centralized economic dispatch system regulated by the ,federal ,energy ,regulatory ,commission1 the retail electricity supplier may elect to set its baseline zero-emission electricity percentage under clause 7i7 on the basis of the zero-emission electricity and electric energy consumed by either-- 7,i7 all electric consumers of the retail electricity supplier2 or 7,,ii7 all electric consumers served by the ,independent ,system ,operator1 ,regional ,transmission ,organization1 or the applicable joint unit commitment and centralized economic dispatch system that serves the retail electricity supplier4 7iii7 ,notification of election ,a retail electricity supplier shall inform the ,secretary of its election under clause 7ii7 not later than #ahj days after the date of enactment of this ,act4 7,c7 ,minimum percentage of zero-emission electricity ,the term minimum percentage of zero-emission electricity means1 with respect to a retail electricity supplier-- 7i7 for each of calendar years #bjbb and #bjbc1 the baseline zero-emission electricity percentage2 7ii7 for each of calendar years #bjbd through #bjej1 the amount1 not to exceed #ajj percent1 obtained by adding-- 7,i7 the minimum percentage of zero-emission electricity for the previous calendar year2 and 7,,ii7 the annual percentage increase2 and 7iii7 for each calendar year after #bjej1 #ajj percent4 7b7 ,reporting on behind-the-,meter generation systems ,effective beginning in calendar year #bjbb1 each retail electricity supplier serving one or more behind-the-meter generation systems may1 not later than ,january #a of each calendar year1 submit to the ,secretary-- 7#a7 verification of the carbon intensity of behind-the-meter generation systems connected to the retail electricity supplier2 and 7#b7 the quantity of electric energy generated by each such behind-the-meter generation system that is consumed for a useful purpose by electric consumers served by the retail electricity supplier4 7c7 ,alternative compliance payments ,a retail electricity supplier may satisfy the requirements of subsection 7a7 with respect to a calendar year1 in whole or in part1 by submitting to the ,secretary1 in lieu of each zero-emission electricity credit that would otherwise be due1 an alternative compliance payment equal to the amount determined for such calendar year in accordance with the following table1 adjusted for inflation3 ,calendar year,alternativecompliancepayment #bjbbbj4jj #bjbcba4ej #bjbdbc4jj #bjbebd4ej #bjbfbf4jj #bjbgbg4ej #bjbhbi4jj #bjbicj4ej #bjcjcb4jj #bjcacc4ej #bjcbce4jj #bjcccf4ej #bjcdch4jj #bjceci4ej #bjcfda4jj #bjcgdb4ej #bjchdd4jj #bjcide4ej #bjdjdg4jj #bjdadh4ej #bjdbej4jj #bjdcea4ej #bjddec4jj #bjdeed4ej #bjdfef4jj #bjdgeg4ej #bjdhei4jj #bjdifj4ej #bjej and each calendar year thereafter#fb4jj4 7d7 ,determination of inadequate availability of zero-,emission electricity technology 7#a7 ,petition for determination ,a retail electricity supplier 7referred to in this subsection as the petitioner7 may submit to the ,secretary a petition for the ,secretary to make a determination of inadequate availability of technology relating to zero-emission electricity with respect to a calendar year4 7#b7 ,conditions ,the ,secretary shall make an affirmative determination under paragraph 7#a7 7referred to in this title as a determination of inadequate availability of technology7 for a calendar year only if-- 7,a7 a petition is submitted to the ,secretary by ,january #ca of the following calendar year2 7,b7 the average annual price of zero-emission electricity credits is equal to or greater than the alternative compliance payment under subsection 7c7 for such calendar year2 7,c7 the ,secretary determines the number of megawatt-hours of zero-emission electricity that could have been generated or purchased by the petitioner using technology that was available during such calendar year-- 7i7 at or below the cost per megawatt-hour of the technology used to generate the electricity sold by the petitioner in the previous calendar year2 and 7ii7 while enabling the petitioner to operate its system at an adequate level of reliability2 and 7,d7 the number of megawatt-hours determined under subparagraph 7,c7 is less than the number of zero-emission electricity credits the petitioner would be required to submit under subsection 7a74 7#c7 ,credit submission ,notwithstanding subsection 7a77#a71 if the ,secretary makes a determination of inadequate availability of technology for a petitioner for a calendar year1 as described under this subsection1 the petitioner shall not be required to submit for such calendar year more than the number of zero-emission electricity credits equal to the number of megawatt-hours determined under paragraph 7#b77;,c74 7#d7 ,carbon mitigation awards ,for the calendar year identified under paragraph 7#c71 if the ,secretary makes one or more determinations of inadequate availability of technology under this subsection1 the ,secretary shall award under section #bje7;b7 an amount of money equal to the sum of-- 7,a7 the total amount paid by retail electricity suppliers as alternative compliance payments2 and 7,b7 the total amount of the alternative compliance payments that would have been made by the petitioner or petitioners but for the determination of inadequate availability of technology made under paragraph 7#b74 7e7 ,exemptions 7#a7 ,a qualified zero-emission electricity taxpayer that receives a zero-emission electricity acceleration investment credit for a calendar year under section #de,u of the ,internal ,revenue ,code of #aihf1 as added by section #cja of this ,act1 shall not be subject to the requirements to submit zero-emission electricity credits under this section for such calendar year and every calendar year thereafter4 7#b7 ,an eligible electricity provider that is awarded a grant under section #cjb of this ,act for a calendar year shall not be subject to the requirements to submit zero-emission electricity credits under this section for such calendar year and every calendar year thereafter1 as long as the condition described under section #cjb7;a77#a7 continues to be met4 #bjc4 ,zero-emission electricity credit trading program 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a zero-emission electricity credit trading program under which-- 7#a7 the ,secretary shall record1 track1 auction1 and transfer zero-emission electricity credits2 and 7#b7 a generator to whom such zero-emission electricity credits are issued may sell or otherwise transfer those credits1 as provided or allowed by applicable contracts1 through-- 7,a7 any auction established under the zero-emission electricity credit trading program2 7,b7 direct sales2 or 7,c7 other transactional arrangements that sell electric energy or generating capacity either separately or combined with the transfer of zero-emission electricity credits1 including transactions that pair zero-emission electricity credits with the demand of the retail electricity supplier4 7b7 ,administration ,in carrying out the program under this section1 the ,secretary shall ensure that a zero-emission electricity credit may be-- 7#a7 submitted only once under section #bjb7;a72 and 7#b7 only purchased by1 transferred to1 or otherwise secured by a retail electricity supplier4 7c7 ,delegation of market function 7#a7 ,in general ,in carrying out the program under this section1 the ,secretary may delegate1 to one or more appropriate entities-- 7,a7 the administration of a transparent national market for the sale or trade of zero-emission electricity credits2 and 7,b7 the tracking of dispatch of zero-emission electricity generation4 7#b7 ,administration ,in making a delegation under paragraph 7#a71 the ,secretary shall ensure that the tracking and reporting of information concerning the dispatch of zero-emission electricity generation is transparent1 verifiable1 and independent of any interests subject to an obligation under this title4 7d7 ,banking of zero-,emission electricity credits ,a zero-emission electricity credit may be used for compliance with the requirements of section #bjb for-- 7#a7 the calendar year for which the zero-emission electricity credit is issued 7in this subsection referred to as the applicable calendar year72 and 7#b7 7,a7 any of the #e calendar years following the applicable calendar year1 if the ,secretary determines under section #bjb7;a77#d7 that the average annual price of a zero-emission electricity credit is equal to or less than one half of the alternative compliance payment for each of the #c calendar years prior to the applicable calendar year2 or 7,b7 if the ,secretary has not made the determination described under subparagraph 7,a7-- 7i7 any of the #e calendar years following the applicable calendar year1 if the applicable calendar year is any of calendar years #bjbb through #bjbi2 7ii7 any of the #d calendar years following the applicable calendar year1 if the applicable calendar year is any of calendar years #bjcj through #bjcd2 7iii7 any of the #c calendar years following the applicable calendar year1 if the applicable calendar year is any of calendar years #bjce through #bjci2 and 7iv7 any of the #b calendar years following the applicable calendar year1 if the applicable calendar year is #bjdj or any calendar year thereafter4 #bjd4 ,determination and issuance of quantity of zero-emission electricity credits 7a7 ,issuance of zero-,emission electricity credits ,the ,secretary shall issue to each generator a quantity of zero-emission electricity credits determined in accordance with this section1 not later than ,march #a of the calendar year after the calendar year for which the zero-emission electricity credits are issued4 7b7 ,general rules on credit issuance ,except as otherwise provided in this section1 the ,secretary shall issue to a generator generating zero-emission electricity during a calendar year a quantity of zero-emission electricity credits for such generation that is equal to the product obtained by multiplying-- 7#a7 the qualified electricity generation of the generator during such calendar year2 by 7#b7 the number that equals-- 7,a7 #a4j2 less 7,b7 the quotient obtained by dividing-- 7i7 the average carbon intensity of the generating units of such generator for such calendar year1 as determined in accordance with subsection 7c72 by 7ii7 #j4hb4 7c7 ,general rules on determining carbon intensity ,notwithstanding any other provision of this section1 the ,secretary shall determine the carbon intensity of each generating unit of a generator4 ,such determination shall be made-- 7#a7 using data and methods from the ,air ,emission ,measurement ,center of the ,environmental ,protection ,agency for emission testing and monitoring1 including-- 7,a7 continuous emission monitoring systems2 and 7,b7 predictive emission monitoring systems2 and 7#b7 with respect to a determination of the carbon intensity of any generating unit using qualified renewable biomass or qualified low-carbon fuel1 or generating qualified waste-to-energy1 in consultation with-- 7,a7 the ,secretary of ,agriculture2 and 7,b7 the ,secretary of the ,interior4 7d7 ,carbon intensity for certain categories of generating units 7#a7 ,generating units utilizing technologies without direct emissions ,the ,secretary shall assign a carbon intensity of zero for any generating unit of a generator that does not produce direct emissions of any greenhouse gas in generating electric energy1 including any generating unit that generates electric energy only through the use of solar1 wind1 ocean1 current1 wave1 tidal1 geothermal1 nuclear energy1 or hydropower technology 7except as described under paragraph 7#c774 7#b7 ,generating units utilizing technologies utilizing fossil fuels 7,a7 ,accounting for upstream greenhouse gas emissions ,in determining the carbon intensity of each generating unit using fossil fuel1 the ,secretary shall utilize the best available science1 including with respect to the measurement of low-frequency high-emission events1 including data from the detection of natural gas flaring from the satellite observations of the ,national ,oceanic and ,atmospheric ,administration1 to account for-- 7i7 the carbon dioxide emissions of the generating unit2 and 7ii7 7,i7 the average amounts of carbon dioxide and methane emissions1 in terms of carbon dioxide equivalent1 that occur during extraction1 flaring1 processing1 and transportation in the ,united ,states of the fossil fuel consumed by the generator2 or 7,,ii7 with respect to a generator that the ,secretary determines under subparagraph 7,b7 has demonstrated that the fossil fuel consumed by such generator is associated with the release of smaller amounts of carbon dioxide and methane emissions than the amounts described in subclause 7,i71 such smaller amounts4 7,b7 ,determination 7i7 ,in general ,the ,secretary may determine that a generator has demonstrated that the fossil fuel consumed by such generator is associated with the release of smaller amounts of carbon dioxide and methane emissions than the amounts described in subparagraph 7,a77ii77,i7 if the generator-- 7,i7 accounts for low-frequency1 high-emission events2 and 7,,ii7 uses direct measurements of the applicable facilities1 which may include measurements made in the course of participation in a voluntary program or public disclosure of the quantified methane emission intensity of the applicable facilities4 7ii7 ,public availability ,the information provided to the ,secretary by a generator to make a determination under this subparagraph shall be available to the public upon such determination4 7,c7 ,standards ,the ,secretary shall promulgate the standards for measurement necessary to implement subparagraph 7,a7 not less than #b years after the date of enactment of this title and shall update such standards every #e years thereafter1 based on the best available science4 7#c7 ,hydropower utilizing a new reservoir ,in determining the carbon intensity of each generating unit using hydropower associated with a reservoir constructed after the date of enactment of this ,act1 the ,secretary shall account for the greenhouse gas emissions that can be attributed to the hydropower facility1 including the applicable new reservoir4 7e7 ,quantity of credits issued for certain categories of generating units 7#a7 ,qualified combined heat and power systems 7,a7 ,in general ,the ,secretary shall issue to a generator generating zero-emission electricity during a calendar year using a generating unit that is a qualified combined heat and power system a quantity of zero-emission electricity credits for such generation that is equal to-- 7i7 the product obtained by multiplying-- 7,i7 the number of megawatt-hours of electric energy generated by the qualified combined heat and power system during such calendar year2 by 7,,ii7 the number that equals-- 7aa7 #a4j2 less 7bb7 the quotient obtained by dividing-- 7,,aa7 the carbon intensity of the qualified combined heat and power system2 by 7,,bb7 #j4hb2 less 7ii7 the product obtained by multiplying-- 7,i7 the number of megawatt-hours of electric energy generated by the qualified combined heat and power system that are consumed onsite during such calendar year2 by 7,,ii7 the average of the minimum percentage of zero-emission electricity 7as defined in section #bjb7;a77#e77 for the calendar year for retail electricity suppliers in the region of the generator1 as determined by the ,secretary4 7,b7 ,additional credits ,in addition to zero-emission electricity credits issued under subparagraph 7,a71 the ,secretary shall issue to a generator described in subparagraph 7,a7 zero-emission electricity credits for greenhouse gas emissions avoided as a result of the use of the applicable qualified combined heat and power system1 rather than a separate thermal source1 to meet the thermal needs of the generator or one or more additional entities4 7,c7 ,applicability ,this paragraph shall not apply with respect to a qualified combined heat and power system using qualified renewable biomass4 7#b7 ,qualified renewable biomass ,the ,secretary shall issue to a generator generating zero-emission electricity during a calendar year using qualified renewable biomass a quantity of zero-emission electricity credits for such generation that is equal to the product obtained by multiplying-- 7,a7 the qualified electricity generation of the generator using qualified renewable biomass during such calendar year2 by 7,b7 the average carbon intensity of the generating units of the generator that use qualified renewable biomass4 7#c7 ,qualified waste-to-energy ,the ,secretary shall issue to a generator generating zero-emission electricity during a calendar year that is qualified waste-to-energy a quantity of zero-emission electricity credits for such generation that is equal to the product obtained by multiplying-- 7,a7 the qualified waste-to-energy of the generator that is qualified electricity generation during such calendar year2 by 7,b7 the average carbon intensity of the generating units of the generator used to generate qualified waste-to-energy4 7#d7 ,qualified low-carbon fuels 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,secretary shall issue to a generator generating zero-emission electricity during a calendar year using qualified low-carbon fuels a quantity of zero-emission electricity credits for such generation that is equal to the product obtained by multiplying-- 7i7 the qualified electricity generation of the generator using qualified low-carbon-fuels during such calendar year2 by 7ii7 the average carbon intensity of the generating units of the generator that use qualified low-carbon fuels4 7,b7 ,adjustment for production ,in determining the carbon intensity of each generating unit using a qualified low-carbon fuel1 the ,secretary shall account for the greenhouse gas emissions associated with the production of such qualified low-carbon fuel4 7,c7 ,no double-counting ,the ,secretary shall not issue zero-emission electricity credits for electric energy generated using a qualified low-carbon fuel that is generated from electric energy for which a generator is issued a zero-emission electricity credit under this title4 7#e7 ,carbon capture1 storage1 and utilization 7,a7 ,definitions ,in this paragraph1 the term qualified carbon oxide has the meaning given the term in section #de,q of the ,internal ,revenue ,code of #aihf4 7,b7 ,quantity of credits ,except as otherwise provided in this section1 the ,secretary shall1 with respect to a given calendar year1 issue to a generator a quantity of zero-emission electricity credits for the capture and storage or utilization of qualified carbon oxide from a waste stream of the generator that is equal to the product obtained by multiplying-- 7i7 the qualified electricity generation of the generator during such calendar year2 by 7ii7 the difference between-- 7,i7 #a4j2 and 7,,ii7 the quotient obtained by dividing-- 7aa7 the carbon intensity of the generator2 by 7bb7 #j4hb4 7#f7 ,direct air capture of carbon dioxide 7,a7 ,quantity of credits ,the ,secretary shall issue to an entity that captures carbon dioxide from the atmosphere and stores or utilizes such carbon dioxide #a zero-emission electricity credit for every #j4hb metric tons of carbon dioxide equivalent that is captured and stored or utilized4 7,b7 ,special rules 7i7 ,regulations ,subject to clause 7ii71 not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate regulations establishing-- 7,i7 the conditions under which carbon dioxide may be safely and permanently stored for purposes of issuing zero-emission electricity credits under this paragraph2 7,,ii7 the methods and processes by which carbon dioxide may be utilized in a manner that ensures the removal of the carbon dioxide safely and permanently from the atmosphere1 including utilization in the production of substances1 such as plastics and chemicals2 and 7,,iii7 requirements to account1 in issuing zero-emission electricity credits under this section1 for the risk that some fraction of the carbon dioxide intended for permanent storage or utilization may nevertheless be emitted into the atmosphere4 7ii7 ,existing requirements ,in promulgating regulations pursuant to this subparagraph1 the ,secretary shall incorporate any existing requirements for the permanent geologic storage of carbon dioxide1 including any requirements promulgated under section #de,q of the ,internal ,revenue ,code of #aihf4 7f7 ,maximum quantity of credits ,except as provided under subsection 7e77#a71 the total quantity of zero-emission electricity credits issued under this section to a generator for a calendar year shall not exceed the number of megawatt-hours of the qualified electricity generation of the generator for the calendar year4 7g7 ,no negative credits ,notwithstanding any other provision of this title1 the ,secretary shall not issue a negative quantity of zero-emission electricity credits to any generator4 7h7 ,facilities outside the ,united ,states ,with respect to electricity generated by a facility or generating unit that is located outside of the ,united ,states1 a zero-emission electricity credit may be issued only with respect to electricity that is sold for resale in the ,united ,states4 7i7 ,contracts ,a zero-emission electricity credit issued for electricity that is-- 7#a7 sold for resale under a contract in effect on the date of enactment of this title shall be issued to the purchasing retail electricity supplier in proportion to the zero-emission electricity purchased by such retail electricity supplier under the contract1 unless otherwise provided by the contract2 and 7#b7 sold for resale under a contract in which a generating unit is not specified1 shall be issued to the purchasing retail electricity supplier in proportion to the ratio of zero-emission electricity generation from the generator making such sale for resale4 7j7 ,federal ,power ,marketing ,administration ,a zero-emission electricity credit issued for electricity that is generated by a ,federal ,power ,marketing ,administration shall be conveyed to the retail electricity supplier that is purchasing the electricity4 7k7 ,recipients of acceleration investment credits ,a qualified zero-emission electricity taxpayer that receives a zero-emission electricity acceleration investment credit for a calendar year under section #de,u of the ,internal ,revenue ,code of #aihf1 as added by section #cja of this ,act1 shall not be issued any zero-emission electricity credits under this section after such calendar year4 7l7 ,recipients of acceleration grants ,an eligible electricity provider that receives a grant during a calendar year under section #cjb of this ,act shall not be issued any zero-emission electricity credits under this section after such calendar year4 #bje4 ,carbon ,mitigation ,fund 7a7 ,carbon ,mitigation ,fund 7#a7 ,creation of fund ,there is hereby established a trust fund1 to be known as the ,carbon ,mitigation ,fund1 consisting of such amounts as may be appropriated to such fund as provided in this section4 7#b7 ,administration ,the ,carbon ,mitigation ,fund shall be administered by the ,secretary4 7#c7 ,transfers to ,trust ,fund ,there are hereby appropriated to the ,carbon ,mitigation ,fund each year amounts equal to the sum of the amounts that are-- 7,a7 attributable to alternative compliance payments made pursuant to section #bjb7;c72 7,b7 the alternative compliance payments that would have been made by any petitioners under section #bjb7;d7 but for a determination of inadequate availability of technology made by the ,secretary under section #bjb7;d72 and 7,c7 collected as a civil penalty under section #bji4 7#d7 ,expenditures ,amounts in the ,carbon ,mitigation ,fund shall be available without further appropriation or fiscal year limitation to carry out the program under subsection 7b74 7b7 ,program 7#a7 ,in general ,the ,secretary shall carry out a program to award funds to entities to carry out activities in ,states that avoid emissions of greenhouse gases or remove carbon dioxide from the atmosphere4 7#b7 ,activities ,activities for which the ,secretary may award funds under the program carried out pursuant to this subsection include-- 7,a7 improvement to the energy efficiency of existing facilities and devices2 7,b7 the replacement of natural gas space heaters1 natural gas water heaters1 and natural gas stoves1 with electric appliances2 7,c7 the replacement of fossil fuel-powered vehicles owned by ,state and local agencies with electric vehicles or other low-carbon fuel vehicles2 7,d7 the replacement of fossil fuel-powered ground airport and seaport vehicles with electric vehicles or other low-carbon fuel vehicles2 7,e7 installation of fast charging stations for electric vehicles along highways and other public roads in urban areas and rural areas2 7,f7 beneficial electrification-related reductions not otherwise identified in this paragraph2 7,g7 direct air capture and permanent sequestration or utilization of carbon dioxide2 and 7,h7 any activity that is endorsed by a generator or a retail electricity supplier that avoids emissions of greenhouse gases or removes carbon dioxide from the atmosphere4 7#c7 ,exclusions ,the ,secretary may not award funds to an entity under the program carried out pursuant to this subsection for any activity for which the entity has been issued a zero-emission electricity credit or received a deduction of megawatt-hours in the calculation under #bjb7;a77#c7 to account for beneficial electrification-related reductions4 7#d7 ,criteria ,the ,secretary may only award funds under the program carried out pursuant to this subsection for an activity for which the ,secretary determines that-- 7,a7 the amount of carbon dioxide emissions avoided or removed from the atmosphere by the activity will be adequately confirmed through monitoring1 reporting and verification2 7,b7 the risk that some amount of the carbon dioxide that is removed from the atmosphere by the activity may reenter the atmosphere at a later date is adequately reflected through a discounting of the amount described in paragraph 7#e77;,c77ii72 7,c7 the risk that some amount of the greenhouse gases1 the emission of which is avoided by the activity1 may enter the atmosphere at a later date is adequately reflected through a discounting of the amount described in paragraph 7#e77;,c77i72 7,d7 the risk that the activity may directly or indirectly increase the release of greenhouse gases from another location has been adequately addressed2 7,e7 the activity is not required1 or being fully supported financially by1 a ,federal1 ,state1 or local law1 program1 or activity2 and 7,f7 if the activity involves land use1 the activity aligns with the ,sustainable ,development ,goals of the ,united ,nations1 including being consistent with the conservation of biological diversity and natural ecosystems 7including forests and grasslands71 and shall maintain ecosystem services and enhance other social and environmental benefits4 7#e7 ,proposals ,in order to qualify for an award of funds under this subsection1 an entity shall submit to the ,secretary a proposal that-- 7,a7 describes the activity to be carried out with the award of funds in a manner specified by the ,secretary2 7,b7 identifies the amount of money for which the entity is applying2 7,c7 identifies the amount1 to be measured in one-year increments1 of-- 7i7 greenhouse gas emissions to be avoided by the activity1 measured in terms of carbon dioxide equivalent2 or 7ii7 carbon dioxide to be removed from the atmosphere by the activity1 measured in metric tons2 7,d7 identifies the bid amount1 expressed as dollars per metric ton1 which shall be the quotient obtained by dividing the amount identified under subparagraph 7,b7 by the amount identified under subparagraph 7,c72 7,e7 provides any information required by the ,secretary in order to make a determination described in paragraph 7#d72 and 7,f7 provides any other certifications the ,secretary determines appropriate4 7#f7 ,deadlines 7,a7 ,solicitation ,not later than ,february #a1 #bjbd1 and each ,february #a thereafter1 the ,secretary shall solicit proposals for activities described in paragraph 7#a7 for which the ,secretary may award funds under the program carried out pursuant to this subsection4 7,b7 ,identification ,not later than ,june #a1 #bjbd1 and each ,june #a thereafter1 the ,secretary shall identify proposals that have been submitted by ,march #a of such calendar year for activities described in paragraph 7#a7 that qualify for an award of funds under the program carried out pursuant to this subsection4 7,c7 ,award of funds ,not later than ,august #a1 #bjbd1 and each ,august #a thereafter1 the ,secretary shall award to entities funds available in the ,carbon ,mitigation ,fund established under section #ieab of the ,internal ,revenue ,code of #aihf for activities described in proposals identified under subparagraph 7,b74 7#g7 ,awards to most cost-effective activities ,the ,secretary shall award funds to entities for activities described in proposals identified under paragraph 7#f77;,b7-- 7,a7 beginning by awarding funds to the entity submitting such a proposal with the lowest bid amount identified pursuant to paragraph 7#e77;,d72 and 7,b7 then awarding funds to entities sequentially by entity submitting such a proposal with the next lowest bid amount so identified until all funds are awarded4 7c7 ,consultation ,the ,secretary shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 and the ,administrator of the ,environment ,protection ,agency in promulgating regulations to measure1 monitor1 and verify any natural sequestration activities awarded under this section4 #bjf4 ,state programs 7a7 ,savings provision 7#a7 ,in general ,except as provided in paragraph 7#b7 and subject to subsection 7b71 nothing in this title affects the authority of a ,state or a political subdivision of a ,state to adopt or enforce any law or regulation relating to-- 7,a7 clean energy or renewable energy2 or 7,b7 the regulation of a retail electricity supplier4 7#b7 ,federal law ,except as otherwise provided in this section1 no law or regulation of a ,state or a political subdivision of a ,state may relieve a retail electricity supplier from compliance with an applicable requirement of this title4 7b7 ,coordination ,the ,secretary1 in consultation with ,states that have clean energy programs or renewable energy programs in effect1 shall facilitate1 to the maximum extent practicable1 coordination between the implementation of this ,act and the relevant ,state clean energy program or renewable energy program4 7c7 ,more stringent ,state clean energy programs 7#a7 ,determination 7,a7 ,in general ,the ,secretary1 in consultation with ,states that have ,state clean energy programs or renewable energy programs in effect1 shall determine whether each such ,state is implementing a more stringent ,state clean energy program4 7,b7 ,deadlines ,the ,secretary shall make a determination under subparagraph 7,a7-- 7i7 not later than ,january #a1 #bjba1 with respect to a ,state clean energy or renewable energy program in effect on the date of enactment of this ,act1 and every #e years thereafter2 and 7ii7 not later than #f months after the date of the enactment by a ,state1 after the date of enactment of this ,act1 of a new or modified existing clean energy or renewable energy program1 and every #e years thereafter4 7,c7 ,period ,a determination under this paragraph shall be effective until the earlier of-- 7i7 the date that is #e years after the date of the determination2 or 7ii7 the date on which the ,secretary makes a subsequent determination under this paragraph with respect to the applicable ,state program4 7#b7 ,compliance ,if the ,secretary determines1 under paragraph 7#a71 that a ,state has a more stringent ,state clean energy program1 a retail electricity supplier that is subject to and in compliance with such more stringent ,state clean energy program shall be deemed to be in compliance with the requirements of this title for the period during which the determination is effective4 7#c7 ,prohibition against double-counting ,the ,secretary1 in consultation with ,states1 shall develop a protocol to ensure that a zero-emission electricity credit may not be issued under this title with respect to an amount of electric energy for which one or more ,state clean energy credits are issued under1 and used for compliance with1 a more stringent ,state clean energy program4 7d7 ,qualified electricity generation eligible in both ,state and ,federal programs 7#a7 ,issuance of credit ,in a ,state that does not have a more stringent ,state clean energy program1 #a megawatt-hour of zero-emission electricity is eligible to be issued both a ,state clean energy credit and a zero-emission electricity credit pursuant to this title4 7#b7 ,retirement of ,state credits ,retirement of a ,state clean energy credit for a compliance with a ,state law in a ,state that does not have a more stringent ,state clean energy program shall not prevent a retail electricity supplier from submitting a zero-emission electricity credit issued for the same megawatt-hour of zero-emission electricity for compliance with this title4 7#c7 ,submission of ,federal credits ,submission of a zero-emission electricity credit for compliance with this title shall not prevent a retail electricity supplier from retiring a ,state clean energy credit issued for the same megawatt-hour of qualified electricity generation for compliance with a ,state law4 7e7 ,definitions ,in this section3 7#a7 ,state clean energy credit ,the term ,state clean energy credit means a certificate corresponding to the electricity generated from renewable or other zero-emission electricity sources that is issued under a law enacted by a ,state4 7#b7 ,more stringent ,state clean energy program ,the term more stringent ,state clean energy program means a law of a ,state that-- 7,a7 is determined by the ,secretary to require each retail electricity supplier in the ,state1 during the period described under subsection 7c77#a77;,c71 to-- 7i7 obtain ,state clean energy credits representing an aggregate number of megawatt-hours of zero-emission electricity that is larger than the number of zero-emission electricity credits the retail electricity supplier would otherwise be required to submit under section #bjb2 or 7ii7 generate a percentage of zero-emission electricity that is greater than the percentage that would be required of the retail electricity supplier under section #bjb2 and 7,b7 includes compliance mechanisms1 including the imposition of penalties1 that are at least as effective in enforcing compliance as the system of enforcement under this title4 #bjg4 ,report to ,congress ,not later than ,january #a1 #bjdj1 the ,secretary shall submit a report to ,congress with an evaluation and a forecast of the remaining barriers to achieving generation of electric energy with no emissions of carbon dioxide by calendar year #bjej4 #bjh4 ,information collection ,the ,secretary may require any retail electricity supplier1 generator1 or other entity that the ,secretary determines appropriate1 to submit to the ,secretary any information the ,secretary determines to be appropriate to carry out this title4 #bji4 ,civil penalties 7a7 ,in general ,subject to subsection 7b7-- 7#a7 a retail electricity supplier that fails to meet the requirements of section #bjb shall be subject to a civil penalty in an amount equal to the product obtained by multiplying-- 7,a7 the aggregate quantity of zero-emission electricity credits that the retail electricity supplier failed to submit for the calendar year to comply with section #bjb2 by 7,b7 #cjj percent of the amount of alternative compliance payment for the calendar year1 as determined under section #bjb7;c72 and 7#b7 an entity required to submit information pursuant to section #bjh that violates such section by failing to submit the information1 or submitting false or misleading information1 shall be subject to a civil penalty of #be1jjj for each day during which such violation continues4 7b7 ,waivers and mitigation 7#a7 ,force majeure ,the ,secretary may mitigate or waive a civil penalty under subsection 7a7 if the applicable retail electricity supplier or other entity was unable to comply with an applicable requirement for reasons outside of the reasonable control of the retail electricity supplier or other entity4 7#b7 ,reduction for ,state penalties ,the ,secretary shall reduce the amount of a penalty determined under subsection 7a7 by the amount paid by the applicable retail electricity supplier to a ,state for failure to comply with the requirement of a ,state renewable energy program1 if the ,state requirement is more stringent than the applicable requirement of this title4 7c7 ,procedure for assessing penalty ,the ,secretary shall assess a civil penalty under this section in accordance with section #ccc7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcjc7;d774 #baj4 ,regulations 7a7 ,in general ,except as otherwise provided in this title1 not later than #b years after the date of enactment of this title1 the ,secretary shall promulgate regulations to implement this title4 7b7 ,consultation ,the ,secretary shall consult with the ,administrator of the ,environmental ,protection ,agency in promulgating the regulations to implement this title4 ,b ,methane ,regulation #baa4 ,methane regulation 7a7 ,national goal ,the goal of this section is to reduce steadily the quantity of methane emissions from the oil and natural gas sector such that the quantity of methane emissions in calendar year #bjcj from the oil and natural gas sector is at least #ij percent below the quantity of methane emissions in calendar year #bjab from such sector4 7b7 ,maintaining final ,,nsps rule ,the ,administrator may not repeal1 replace1 or amend the final rule entitled ,oil and ,natural ,gas ,sector3 ,emission ,standards for ,new1 ,reconstructed1 and ,modified ,sources as published by the ,environmental ,protection ,agency in the ,federal ,register on ,june #c1 #bjaf 7#ha ,fed4 ,reg4 #ce1hbd et seq471 until regulations are promulgated pursuant to subsection 7c74 7c7 ,regulations ,to meet the national goal 7#a7 ,meeting the national goal 7,a7 ,deadline ,not later than ,december #ca1 #bjbb1 the ,administrator shall promulgate final regulations under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 to limit methane emissions from the oil and natural gas sector to achieve the national goal specified in subsection 7a74 7,b7 ,contents ,the regulations required by subparagraph 7,a7 shall provide for the establishment1 implementation1 and enforcement of standards of performance for limiting emissions of methane from new sources under section #aaa7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;b771 and guidelines for ,states to establish1 implement1 and enforce standards of performance for existing sources under section #aaa7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;d774 ,such standards of performance shall-- 7i7 require the application of the best system of emission reduction to include application of the best system of venting and leakage reduction for new and existing natural gas transmission and distribution pipelines2 and 7ii7 apply to new sources1 and existing sources1 including-- 7,i7 new sources1 and existing sources1 with equipment that handles liquefied natural gas2 7,,ii7 new and existing offshore petroleum and natural gas production facilities2 and 7,,iii7 other petroleum and natural gas facilities1 as determined by the ,administrator4 7#b7 ,covered sources ,the regulations promulgated pursuant to this subsection shall apply to new sources and existing sources of methane within every segment of the oil and natural gas sector4 7d7 ,public health and welfare ,for purposes of section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa71 methane emissions from the oil and gas sector are deemed to reasonably be anticipated to endanger public health or welfare4 7e7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,existing source2 new source2 standard of performance ,the terms existing source1 new source1 and standard of performance1 have the meaning given such terms in section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a774 ,,iii ,incentives for the ,accelerated ,deployment of #ajj-,percent ,zero-,emission ,electricity ,system #cjj4 ,purpose ,the purpose of this title is to provide support for any given power company to accelerate the deployment of a #ajj-percent zero-emission electricity generation system as early as possible before #bjej4 #cja4 ,zero-emission electricity acceleration investment tax credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,u4 ,zero-emission electricity acceleration investment credit 7a7 ,in general ,for purposes of section #ch1 in the case of a taxpayer who is a qualified zero-emission electricity taxpayer1 the zero-emission electricity acceleration investment credit shall be the applicable percentage of the cost of a qualified zero-emission electricity generating unit4 7b7 ,definitions ,in this section2 7#a7 ,applicable percentage ,the term applicable percentage means-- 7,a7 #ej percent in the case of a qualified zero-emission electricity generating unit that begins to generate electricity before ,december #ca1 #bjbe1 7,b7 #dj percent in the case of a qualified zero-emission electricity generating unit that begins to generate electricity before ,december #ca1 #bjcj1 and 7,c7 #cj percent in the case of a qualified zero-emission electricity generating unit that begins to generate electricity before ,december #ca1 #bjcg4 7#b7 ,generating unit ,the term generating unit has the meaning given such term in section #bja of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj4 7#c7 ,qualified zero-emission electricity generating unit ,the term qualified zero-emission electricity generating unit means a generating unit-- 7,a7 that is placed into service after the date of enactment of this section1 and 7,b7 the operation of which does not result in the release of carbon dioxide into the atmosphere4 7#d7 ,qualified zero-emission electricity taxpayer ,the term qualified zero-emission electricity taxpayer means1 for a taxable year1 a taxpayer who-- 7,a7 does not own a generating unit that emits carbon dioxide at any point during such taxable year1 and 7,b7 for such taxable year1 owns non-emitting electricity generating units with a generating capacity that is equal to or greater than the annual average generating capacity of generating units owned by such taxpayer during the #e-year period ending on the date of the enactment of this section4 7c7 ,transferability 7#a7 ,in general ,if the qualified zero-emission electricity taxpayer elects to transfer all 7or any portion specified in the election7 of the credit determined under this section for any taxable year with respect to any qualified facility to an eligible project partner for a specified period1 then1 the eligible project partner specified in such election 7and not the taxpayer7 shall be treated for purposes of this title with respect to such credit 7or such portion thereof7 as the person producing and selling the electricity to which such credit 7or portion thereof7 relates4 7#b7 ,deduction for payments in connection with transfer ,there shall be allowed as a deduction under part ,,vi of subchapter ,b an amount equal to the amount paid by a taxpayer as consideration for a transfer described in paragraph 7#a74 7#c7 ,eligible project partner 7,a7 ,for purposes of this subsection1 the term eligible project partner means1 with respect to any qualified facility1 any person who-- 7i7 has an ownership interest in such qualified facility1 7ii7 provided equipment for or services in the construction of such qualified facility1 7iii7 provides electric transmission or distribution services for such qualified facility1 7iv7 purchases electricity from such qualified facility pursuant to a contract1 or 7v7 provides financing for such qualified facility4 7,b7 ,for purposes of subparagraph 7,a77v71 any amount paid as consideration for a transfer described in paragraph 7#a7 shall not be treated as financing of a qualified facility4 7#d7 ,taxable year in which credit taken into account ,in the case of any credit 7or portion thereof7 with respect to which an election is made under paragraph 7#a71 such credit shall be taken into account in the first taxable year of the eligible project partner ending with1 or after1 the electing taxpayer's taxable year with respect to which the credit was determined4 7#e7 ,limitations on election 7,a7 ,time for election ,an election under this subsection to transfer any portion of the credit allowed under this section shall be made not later than the due date for the return of tax for the electing taxpayer's taxable year with respect to which the credit was determined4 7,b7 ,no further transfers ,no election may be made under this subsection by a taxpayer with respect to any portion of the credit allowed under this section which has been previously transferred to such taxpayer under this paragraph4 7,c7 ,treatment of transfer under private use rules ,for purposes of section #ada7;b77#a71 any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use4 7,d7 ,additional election requirements ,the ,secretary may prescribe such regulations as may be appropriate to carry out the purposes of this subsection1 including-- 7i7 rules for determining which persons are eligible project partners with respect to any energy property1 and 7ii7 requiring information to be included in an election under paragraph 7#a7 or imposing additional reporting requirements4 7,e7 ,qualified facility ,for purposes of this section1 the term qualified facility has the meaning given in section #de7;d74 7d7 ,credit recapture ,if a taxpayer who has been allowed a credit under this section for any taxable year ceases1 in any subsequent taxable year1 to be a qualified zero-emission electricity taxpayer1 such taxpayer's tax under this chapter for such subsequent taxable year shall be increased by the amount of any credit or credits previously allocated to such taxpayer under this section 7and not previously recaptured under this subsection74 7e7 ,termination ,this section shall apply to taxable years ending before ,january #a1 #bjej4 4 7b7 ,credit made part of general business credit ,subsection 7b7 of section #ch of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of paragraph 7#cb71 by striking the period at the end of paragraph 7#cc7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cd7 the zero-emission electricity acceleration investment credit determined under section #de,u4 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,u4 ,zero-emission electricity acceleration investment credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #cjb4 ,zero-emission electricity acceleration grants 7a7 ,in general ,upon application1 the ,secretary of ,energy shall1 subject to the requirements of this section and the availability of appropriations for such purpose1 provide a grant in an amount specified under subsection 7b7 to an eligible electricity provider that-- 7#a7 permanently retires every existing carbon-emitting generating unit owned by the eligible electricity provider as of the date that the applicable percentage for the grant begins to apply under subsection 7b77#b72 and 7#b7 places into service one or more qualified zero-emission electricity generating units that replace the generation capacity of the carbon-emitting generating units described in paragraph 7#a7 in sufficient amounts to satisfy the condition specified in subsection 7c74 7b7 ,grant amount 7#a7 ,in general ,the amount of the grant under subsection 7a7 with respect to any qualified zero-emission electricity generating unit shall be the applicable percentage of the cost of such qualified zero-emission electricity generating unit4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means-- 7,a7 #ej percent in the case of a qualified zero-emission electricity generating unit that begins to generate electricity before ,december #ca1 #bjbe2 7,b7 #dj percent in the case of a qualified zero-emission electricity generating unit that begins to generate electricity before ,december #ca1 #bjcj2 and 7,c7 #cj percent in the case of a qualified zero-emission electricity generating unit that begins to generate electricity before ,december #ca1 #bjcg4 7c7 ,conditions for the grant ,no grant shall be made under this section unless the ,secretary of ,energy determines that the eligible electricity provider1 as of the date that the applicable percentage for the grant begins to apply under subsection 7b77#b71 owns generating units that have an aggregate generation capacity that is not less than the annualized amount of generation capacity that is owned by such eligible electricity provider during the #e-year period ending on the date of the enactment of this section4 7d7 ,time for payment of grant ,the ,secretary of ,energy 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 grant2 or 7#b7 the date the qualified zero-emission electricity generating units described in subsection 7a77#b7 for which the grant is being made are placed into service4 7e7 ,application of certain rules ,in making grants under this section1 the ,secretary of ,energy shall apply rules similar to the rules of section #ej of the ,internal ,revenue ,code of #aihf with the exception of section #ej7;b77#c7 and section #ej7;b77#d7 for an entity described in section #ej7;b77#d77;,a77i74 ,in applying such rules1 if an eligible electricity provider acquires a carbon-emitting generating unit after a grant is made to the eligible electricity provider1 the ,secretary shall provide for the recapture of the appropriate percentage of the grant amount in such manner as the ,secretary determines appropriate4 7f7 ,definitions ,for purposes of this section3 7#a7 ,carbon-emitting generating unit ,the term carbon-emitting generating unit means a generating unit the operation of which results in the release of carbon dioxide to the atmosphere4 7#b7 ,eligible electricity provider ,the term eligible electricity provider means an entity in the ,united ,states that-- 7,a7 owns one or more generating units2 and 7,b7 sells the electricity generated by such generating units4 7#c7 ,generating unit ,the term generating unit has the meaning given such term in section #bja of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj4 7#d7 ,qualified zero-emission electricity generating unit ,the term qualified zero-emission electricity generating unit means a generating unit-- 7,a7 that is placed into service after the date of enactment of this section2 and 7,b7 the operation of which does not result in the release of carbon dioxide into the atmosphere4 ,,iv ,low-,income ,rate-,payer ,protection #djj4 ,purpose ,the purpose of this title is to provide low-income residents technical and financial assistance to help reduce energy bills1 including by making homes more energy efficient4 #dja4 ,weatherization assistance program 7a7 ,reauthorization of ,weatherization ,assistance ,program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 #cej1jjj1jjj for fiscal year #bjba2 7#b7 #ejj1jjj1jjj for fiscal year #bjbb2 7#c7 #fej1jjj1jjj for fiscal year #bjbc2 7#d7 #hjj1jjj1jjj for fiscal year #bjbd2 and 7#e7 #a1jjj1jjj1jjj for each of fiscal years #bjbe through #bjcj4 4 7b7 ,modernizing the definition of weatherization materials ,section #dab7i77;,j7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfb7i77;,j77 is amended-- 7#a7 by inserting 1 including renewable energy technologies and other advanced technologies1 after devices or technologies2 and 7#b7 by striking 1 after consulting with the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,agriculture1 and the ,director of the ,community ,services ,administration4 7c7 ,consideration of health benefits ,section #dac7;b7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services2 7#b7 in paragraph 7#b77;,a71 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services2 7#c7 in paragraph 7#c7-- 7,a7 by striking and with the ,director of the ,community ,services ,administration2 7,b7 by inserting and by after in carrying out this part12 and 7,c7 by striking 1 and the ,director of the ,community ,services ,administration in carrying out weatherization programs under section #bbb7;a77#ab7 of the ,economic ,opportunity ,act of #aifd2 7#d7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#e7 by inserting after paragraph 7#c71 the following3 7#d7 ,the ,secretary may amend the regulations prescribed under paragraph 7#a7 to provide that the standards described in paragraph 7#b77;,a7 take into consideration improvements in the health and safety of occupants of dwelling units1 and other nonenergy benefits1 from weatherization4 4 7d7 ,contractor optimization 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,b 7#db ,u4,s4,c4 #fhfd;b7 the following3 #dad;,c4 ,contractor optimization 7a7 ,in general ,the ,secretary may request that entities receiving funding from the ,federal ,government or from a ,state through a weatherization assistance program under section #dac or section #dad perform periodic reviews of the use of private contractors in the provision of weatherization assistance1 and encourage expanded use of contractors as appropriate4 7b7 ,use of training funds ,entities described in subsection 7a7 may use funding described in such subsection to train private1 non-,federal entities that are contracted to provide weatherization assistance under a weatherization program1 in accordance with rules determined by the ,secretary4 4 7#b7 ,table of contents amendment ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,b the following3 ,sec4 #dad;,c4 ,contractor optimization4 4 7e7 ,financial assistance for ,,wap enhancement and innovation 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,c 7as added by subsection 7d7 of this section7 the following3 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation 7a7 ,purposes ,the purposes of this section are-- 7#a7 to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready2 7#b7 to promote the deployment of zero-emission electric energy in dwelling units that are occupied by low-income persons2 7#c7 to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons2 7#d7 to disseminate new methods and best practices among entities providing weatherization assistance2 and 7#e7 to encourage entities providing weatherization assistance to hire and retain employees who are individuals-- 7,a7 from the community in which the assistance is provided2 and 7,b7 from communities or groups that are underrepresented in the home energy performance workforce1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 individuals who are socioeconomically disadvantaged1 and energy transition workers 7as defined in section #eaa of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj74 7b7 ,financial assistance ,the ,secretary shall1 to the extent funds are made available1 award financial assistance1 on an annual basis1 through a competitive process to entities receiving funding from the ,federal ,government or from a ,state1 tribal organization1 or unit of general purpose local government through a weatherization program under section #dac or section #dad1 or to nonprofit entities1 to be used by such an entity-- 7#a7 with respect to dwelling units that are occupied by low-income persons1 to-- 7,a7 implement measures to make such dwelling units weatherization-ready by addressing structural1 plumbing1 roofing1 and electrical issues1 environmental hazards1 or other measures that the ,secretary determines to be appropriate2 7,b7 install energy efficiency technologies1 including home energy management systems1 smart devices1 technologies that have been awarded a prize under section #abh of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj1 and other technologies the ,secretary determines to be appropriate2 7,c7 install renewable energy systems 7as defined in section #dae7;c77#f77;,a772 and 7,d7 implement measures to ensure healthy indoor environments by improving indoor air quality1 accessibility1 and other healthy homes measures as determined by the ,secretary2 7#b7 to improve the capability of the entity-- 7,a7 to significantly increase the number of energy retrofits performed by such entity2 7,b7 to replicate best practices for work performed pursuant to this section on a larger scale2 7,c7 to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended2 and 7,d7 to hire and retain employees who are individuals described subsection 7a77#e72 7#c7 for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section2 7#d7 for quality control of work performed pursuant to this section2 7#e7 for data collection1 measurement1 and verification with respect to such work2 7#f7 for program monitoring1 oversight1 evaluation1 and reporting regarding such work2 7#g7 for labor1 training1 and technical assistance relating to such work2 7#h7 for planning1 management1 and administration 7up to a maximum of #ae percent of the assistance provided72 and 7#i7 for such other activities as the ,secretary determines to be appropriate4 7c7 ,award factors ,in awarding financial assistance under this section1 the ,secretary shall consider-- 7#a7 the applicant's record of constructing1 renovating1 repairing1 or making energy efficient single-family1 multifamily1 or manufactured homes that are occupied by low-income persons1 either directly or through affiliates1 chapters1 or other partners 7using the most recent year for which data are available72 7#b7 the number of dwelling units occupied by low-income persons that the applicant has built1 renovated1 repaired1 weatherized1 or made more energy efficient in the #e years preceding the date of the application2 7#c7 the qualifications1 experience1 and past performance of the applicant1 including experience successfully managing and administering ,federal funds2 7#d7 the strength of an applicant's proposal to achieve one or more of the purposes under subsection 7a72 7#e7 the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection 7a72 7#f7 regional and climate zone diversity2 7#g7 urban1 suburban1 and rural localities2 and 7#h7 such other factors as the ,secretary determines to be appropriate4 7d7 ,applications 7#a7 ,administration ,to be eligible for an award of financial assistance under this section1 an applicant shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require4 7#b7 ,awards ,subject to the availability of appropriations1 not later than #bgj days after the date of enactment of this section1 the ,secretary shall make a first award of financial assistance under this section4 7e7 ,maximum amount and term 7#a7 ,in general ,the total amount of financial assistance awarded to an entity under this section shall not exceed #b1jjj1jjj4 7#b7 ,technical and training assistance ,the total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and training assistance provided by the ,secretary that relates to such financial assistance4 7#c7 ,term ,the term of an award of financial assistance under this section shall not exceed #c years4 7#d7 ,relationship to formula grants ,an entity may use financial assistance awarded to such entity under this section in conjunction with other financial assistance provided to such entity under this part4 7f7 ,requirements ,not later than #ij days after the date of enactment of this section1 the ,secretary shall issue requirements to implement this section1 including1 for entities receiving financial assistance under this section-- 7#a7 standards for allowable expenditures2 7#b7 a minimum saving-to-investment ratio2 and 7#c7 standards for-- 7,a7 training programs2 7,b7 energy audits2 7,c7 the provision of technical assistance2 7,d7 monitoring activities carried out using such financial assistance2 7,e7 verification of energy and cost savings2 7,f7 liability insurance requirements2 and 7,g7 recordkeeping and reporting requirements1 which shall include reporting to the ,office of ,weatherization and ,intergovernmental ,programs of the ,department of ,energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section4 7g7 ,compliance with ,state and local law ,nothing in this section supersedes or otherwise affects any ,state or local law1 to the extent that the ,state or local law contains a requirement that is more stringent than the applicable requirement of this section4 7h7 ,review and evaluation ,the ,secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section 7which may include an audit74 7i7 ,annual report ,the ,secretary shall submit to ,congress an annual report that provides a description of-- 7#a7 actions taken under this section to achieve the purposes of this section2 and 7#b7 accomplishments as a result of such actions1 including energy and cost savings achieved4 7j7 ,funding 7#a7 ,amounts 7,a7 ,in general ,for each of fiscal years #bjba through #bjcj1 of the amount made available under section #dbb for such fiscal year to carry out the weatherization program under this part 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance71 not more than-- 7i7 #b percent of such amount 7if such amount is #bbe1jjj1jjj or more but less than #bfj1jjj1jjj7 may be used to carry out this section2 7ii7 #d percent of such amount 7if such amount is #bfj1jjj1jjj or more but less than #cjj1jjj1jjj7 may be used to carry out this section2 and 7iii7 #f percent of such amount 7if such amount is #cjj1jjj1jjj or more7 may be used to carry out this section4 7,b7 ,minimum ,for each of fiscal years #bjba through #bjcj1 if the amount made available under section #dbb 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance7 for such fiscal year is less than #bbe1jjj1jjj1 no funds shall be made available to carry out this section4 7#b7 ,limitation ,for any fiscal year1 the ,secretary may not use more than #be1jjj1jjj of the amount made available under section #dbb to carry out this section4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,c the following3 ,sec4 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation4 4 7f7 ,hiring 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,d 7as added by subsection 7e7 of this section7 the following3 #dad;,e4 ,hiring ,the ,secretary may1 as the ,secretary determines appropriate1 encourage entities receiving funding from the ,federal ,government or from a ,state through a weatherization program under section #dac or section #dad1 to prioritize the hiring and retention of employees who are individuals described in section #dad;,d7a77#e74 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,d the following3 ,sec4 #dad;,e4 ,hiring4 4 7g7 ,increase in administrative funds ,section #dae7;a77#a7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;a77#a77 is amended by striking #aj percent and inserting #ae percent4 7h7 ,amending reweatherization date ,paragraph 7#b7 of section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended to read as follows3 7#b7 ,dwelling units weatherized 7including dwelling units partially weatherized7 under this part1 or under other ,federal programs 7in this paragraph referred to as previous weatherization71 may not receive further financial assistance for weatherization under this part until the date that is #ae years after the date such previous weatherization was completed4 ,this paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services 7including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials7 other than weatherization under this part or under other ,federal programs1 or from receiving non-,federal assistance for weatherization4 4 7i7 ,annual report ,section #dba of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhga7 is amended by inserting the number of multifamily buildings in which individual dwelling units were weatherized during the previous year1 the number of individual dwelling units in multifamily buildings weatherized during the previous year1 after the average size of the dwellings being weatherized14 7j7 ,report on waivers ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report on the status of any request made after ,september #cj1 #bjaj1 for a waiver of any requirement under section #bjj4cac of title #b1 ,code of ,federal ,regulations1 as such requirement applies with respect to the weatherization assistance program under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq471 including a description of any such waiver that has been granted and any such request for a waiver that has been considered but not granted4 #djb4 ,,liheap authorization ,section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba7 is amended-- 7#a7 in subsection 7b71 by striking through #bjjg and inserting through #bjcj2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking through #bjjd and inserting through #bjcj2 and 7,b7 in paragraph 7#b71 by striking through #bjjd and inserting through #bjcj4 ,v ,energy ,workforce ,transition and ,training #ejj4 ,purposes ,the purposes of this title are to provide for a transition to a modern energy system1 including by ensuring that-- 7#a7 the ,united ,states has a workforce prepared to address the needs of the modern energy system2 7#b7 workers in declining energy sectors and in disenfranchised communities acquire well-paying jobs in growing energy sectors2 and 7#c7 communities1 especially those that are disproportionately vulnerable to the impacts of climate change and other pollution1 can be made resilient to the impacts of climate change4 ,a ,state ,energy ,plans #eja4 ,state energy plans 7a7 ,in general ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 a ,state energy plan developed in accordance with section #cfg2 and 4 7b7 ,state energy plans ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended by adding at the end the following3 #cfg4 ,state energy plans 7a7 ,in general ,the ,secretary may provide financial assistance to a ,state to develop a ,state energy plan1 for inclusion in a ,state energy conservation plan under section #cfb7;d71 to provide for-- 7#a7 the elimination of net greenhouse gas emissions2 7#b7 improved air and water quality2 and 7#c7 conservation of natural resources4 7b7 ,contents ,a ,state developing a ,state energy plan under this section shall include in such plan1 measures to-- 7#a7 ensure that the full social cost of carbon pollution is factored into decision-making associated with electricity generation and utility investments in energy efficiency and electric vehicle infrastructure2 7#b7 promote investments in a distribution system that takes advantage of technology advancement and supports reduced pollution1 consumer choice1 and a resilient and reliable system2 7#c7 address the need to site transmission lines and new electricity generating units efficiently2 7#d7 evaluate the role of existing resources as part of utility planning to accelerate the transition to low-cost carbon emissions reductions2 7#e7 engage with regional partners to explore the potential benefits of regional markets2 7#f7 support utility leadership in its efforts to transition to sources of electricity that result in net zero greenhouse gas emissions2 7#g7 support infrastructure upgrades and smart grid investments to improve system-wide efficiency2 7#h7 support building codes for new and retrofitted buildings that promote the energy efficiency of buildings and the electric grid2 7#i7 support improved appliance efficiency standards2 7#aj7 support investments in electric vehicle infrastructure in ways that will ensure a more efficient grid and greater adoption of electric vehicles1 including in rural areas2 7#aa7 support workforce and economic transition planning for communities impacted by a changing energy landscape1 as informed by the ,energy ,workforce ,transition ,plan developed under section #eab of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj1 and the pilot program developed under section #ebc of such ,act2 7#ab7 consider the human health and environmental impacts of energy development and climate change on low-income and underserved populations1 including rural communities1 communities of color1 children1 the elderly1 and sick2 and 7#ac7 develop strategies to support local clean energy goals facilitating utility-community cooperation and private sector partnerships4 7c7 ,coordination ,in developing a ,state energy plan under this section1 a ,state shall coordinate1 as appropriate1 with-- 7#a7 ,state regulatory authorities 7as defined in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh72 7#b7 electric utilities2 7#c7 ,regional ,transmission ,organizations 7as defined in section #c of the ,federal ,power ,act7 and ,independent ,system ,operators 7as defined in section #c of the ,federal ,power ,act72 7#d7 private entities2 7#e7 ,state agencies1 metropolitan planning organizations1 and local governments2 7#f7 the ,energy ,workforce ,transition ,office established by section #eab of the ,clean ,energy ,innovation and ,deployment ,act of #bjbj2 7#g7 relevant public and private entities2 and 7#h7 labor organizations1 such as those representing workers in the construction1 manufacturing1 or energy sectors4 7d7 ,technical assistance ,upon request of the ,governor of a ,state1 the ,secretary shall provide information and technical assistance in the development1 implementation1 or revision of a ,state energy plan4 4 #ejb4 ,authorization of appropriations 7a7 ,state energy conservation plans ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended to read as follows3 7f7 ,authorization of appropriations 7#a7 ,state energy conservation plans ,for the purpose of carrying out this part1 there is authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,state energy plans ,in addition to the amounts authorized under paragraph 7#a71 for the purpose of carrying out section #cfg1 there is authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7b7 ,transportation electrification ,section #aca of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa7 is amended-- 7#a7 in subsection 7b77#f71 by striking #bjjh through #bjab and inserting #bjbb through #bjbf2 and 7#b7 in subsection 7c77#d71 by striking #bjjh through #bjac and inserting #bjbb through #bjbf4 ,b ,energy ,workforce ,transition #eaa4 ,definitions ,in this subtitle3 7#a7 ,advisory committee ,the term ,advisory ,committee means the ,energy ,workforce ,transition ,advisory ,committee established by section #eab7;d74 7#b7 ,coal-related facility ,the term coal-related facility includes a coal mine or a coal-fueled electric generating facility4 7#c7 ,coal-related industrial facility ,the term coal-related industrial facility includes a facility in the manufacturing and transportation supply chains of a coal-related facility4 7#d7 ,director ,the term ,director means the ,director of the ,office4 7#e7 ,disproportionately impacted community ,the term disproportionately impacted community means any community of color1 low-to-middle income community1 or indigenous community that is or has been disproportionately impacted by energy-related pollution4 7#f7 ,energy transition community ,the term energy transition community means a municipality1 county1 region1 or ,indian ,tribe that has been affected since calendar year #bjjh or later1 or that demonstrates it will be impacted in the next #cf months1 by the loss of #ej or more jobs in total as a result of the closure of a coal-related facility1 a coal-related industrial facility1 or another type of energy-related entity1 as determined by the ,office4 7#g7 ,energy transition worker ,the term energy transition worker means a worker1 including workers employed by contractors or subcontractors1 terminated1 laid off from employment1 or whose work hours have been reduced1 on or after the date of enactment of this ,act1 from a coal-related facility1 coal-related industrial facility1 or other energy-related entity4 7#h7 ,energy ,workforce ,transition ,plan ,the term ,energy ,workforce ,transition ,plan means the plan developed under section #eab7;d74 7#i7 ,labor organization ,the term labor organization has the meaning given such term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#aj7 ,office ,the term ,office means the ,energy ,workforce ,transition ,office established by section #eab4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ab7 ,wage differential benefit ,the term wage differential benefit means the difference between the wages and other benefits provided by-- 7,a7 a worker's wages and benefits earned in a coal-related facility1 coal-related industrial-facility1 or other energy-related entity on the day before the worker is terminated1 laid off1 or given a reduction in work-hours2 and 7,b7 the worker's current wages and benefits1 if any1 after such a termination1 lay-off1 or reduction in work-hours4 #eab4 ,energy ,workforce ,transition ,office and ,advisory ,committee 7a7 ,establishment ,there is hereby established within the ,department of ,energy an office to be known as the ,energy ,workforce ,transition ,office4 7b7 ,exemption from reorganization ,the ,office shall be exempt from the reorganization authority provided under section #fdc of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbec74 7c7 ,director ,the ,secretary shall appoint as the head of the ,office a ,director1 who shall manage the operations of the ,office4 7d7 ,duties of the ,office ,the duties of the ,office shall be to-- 7#a7 identify or estimate1 to the extent practicable1 with respect to the period that begins on the date of enactment of this ,act and ends on ,january #a1 #bjcj-- 7,a7 the timing and location of facility closures and job terminations or layoffs in coal-related facilities1 coal-related industrial-facilities1 and other energy-related entities2 and 7,b7 the impact of such terminations1 layoffs1 or reduced work-hours on affected workers 7including those employed by a contractor or subcontractor71 businesses1 and energy transition communities2 and 7#b7 provide administrative1 logistical1 research1 and policy support and recommendations to the ,advisory ,committee4 7e7 ,energy workforce transition advisory committee 7#a7 ,establishment ,there is hereby established an advisory committee1 to be known as the ,energy ,workforce ,transition ,advisory ,committee4 7#b7 ,energy ,workforce ,transition ,plan 7,a7 ,in general ,the ,advisory ,committee shall develop and finalize a plan1 to be known as the ,energy ,workforce ,transition ,plan4 7,b7 ,purpose ,the purpose of the ,energy ,workforce ,transition ,plan is to identify1 align1 and streamline resources to assist workers and communities impacted by the transition to a clean energy economy4 7,c7 ,public meetings ,in developing the ,energy ,workforce ,transition ,plan1 the ,advisory ,committee shall hold no less than #d public meetings in energy-transition communities1 with opportunities for members of the public to provide input4 7,d7 ,contents ,the ,energy ,workforce ,transition ,plan shall include-- 7i7 a description of the challenges that energy transition communities encounter1 including challenges associated with economic and employment transition1 and challenges particular to certain regions2 7ii7 a description of benefits1 grants1 and other sources of funding to address the challenges described under clause 7i7 that may be accessed from ,federal1 ,state1 local1 and other sources without additional legislative authority or approval2 7iii7 a description of sources of funding to address the challenges described under clause 7i7 that require additional legislative authority or approval2 7iv7 recommendations for aligning local1 ,state1 ,federal1 and other resources to invest in energy transition communities and energy transition workers2 7v7 recommendations for establishing benefits for energy transition workers1 including consideration of-- 7,i7 benefits similar in type1 amount1 and duration to ,federal benefits that are not otherwise available to all energy transition workers2 7,,ii7 wage differential benefits for energy transition workers1 including consideration of eligibility and the duration of the benefits2 and 7,,iii7 collaboration with existing or future employers of energy transition workers and relevant labor organizations1 to inform energy transition workers how to apply for wage differential and other eligible benefits2 7vi7 recommendations for grants and other programmatic support for energy transition communities and entities that support energy transition communities1 including-- 7,i7 counties1 municipalities1 cities1 or other political subdivisions of a ,state2 7,,ii7 ,indian ,tribes2 7,,iii7 apprenticeships registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 that meet the requirements of parts #bi and #cj of title #bi1 ,code of ,federal ,regulations1 as in effect on ,december #cj1 #bjai2 7,,iv7 institutions of higher education2 and 7,v7 public or private nonprofit organizations or associations2 7vii7 recommendations for establishing community transition resource centers in energy transition communities1 in order to provide such communities a source of current information regarding the resources described in this subparagraph2 7viii7 identification of the projected short-term and long-term costs of each activity recommended in the ,energy ,workforce ,transition ,plan1 including worker benefits1 grant programs1 and other activities2 7ix7 identification of the potential sources for sustainable short-term and long-term funding for implementing the activities recommended in the ,energy ,workforce ,transition ,plan2 7x7 the potential advantages or disadvantages of extending activities recommended in the ,energy ,workforce ,transition ,plan to other sectors and industries affected by similar economic disruptions2 and 7xi7 recommendations1 made in consultation with relevant ,federal agencies1 including the ,department of ,labor1 and relevant ,state authorities1 for efficient implementation of the activities recommended in the ,energy ,workforce ,transition ,plan4 7,e7 ,report to ,congress ,not later than ,january #a1 #bjbc1 the ,advisory ,committee shall submit to ,congress the ,energy ,workforce ,transition ,plan1 as well as any recommendations to be considered in order to better achieve the plan4 7#c7 ,membership ,the ,advisory ,committee shall consist of the following members3 7,a7 ,ex officio members as follows3 7i7 ,a representative of the ,department of ,labor4 7ii7 ,a representative of the ,economic ,development ,administration of the ,department of ,commerce4 7iii7 ,a representative of the ,executive ,office of the ,president4 7,b7 ,the following members appointed by the ,director3 7i7 #d representatives of energy transition workers1 including at least one from a union representing coal workers1 one from a building trades union1 and one from a union representing other energy transition workers4 7ii7 #c representatives from energy transition communities4 7iii7 #b representatives with professional economic development or workforce retraining experience4 7iv7 #b representatives of disproportionately impacted communities4 7v7 #b representatives of electric utilities that1 on the date of enactment of this ,act1 operate a coal-related facility4 7#d7 ,term ,except as otherwise provided in this section1 the term of appointment or designation of a member of the ,advisory ,committee shall end on ,january #a1 #bjbg4 7#e7 ,expenses ,in accordance with section #egjc of title #e1 ,united ,states ,code1 each member of the ,advisory ,committee may receive payment of a per diem and reimbursement for actual and necessary expenses4 7#f7 ,chair ,the ,advisory ,committee shall elect a chair from among its members to serve for a term not to exceed #b years1 as determined appropriate by the ,advisory ,committee4 7#g7 ,meetings ,the ,advisory ,committee shall meet at least once every quarter4 ,the chair of the ,advisory ,committee may call such additional meetings as are necessary for the ,advisory ,committee1 with the ,secretary1 to develop and submit the ,congress the ,energy ,workforce ,transition ,plan4 7#h7 ,engagement of others ,the ,advisory ,committee may engage additional nonvoting members or advisors to provide additional expertise as needed4 #eac4 ,energy workforce transition plans and reemployment of affected workers 7a7 ,submission ,the owner or operator of an energy-related facility shall to the extent practicable submit to the ,director a workforce transition plan-- 7#a7 with respect to a coal-fueled electric generating facility with a capacity of more than #ej megawatts1 #ab months before the closure of the facility2 7#b7 with respect to a coal mine with a capacity of more than #d1jjj1jjj short tons of coal per year1 #ab months before the closure of the coal mine2 and 7#c7 with respect to an energy-related facility not described under paragraph 7#a7 or 7#b71 not later than #fj days before the closure of the facility4 7b7 ,contents ,to the extent practicable1 a workforce transition plan submitted under subsection 7a7 shall include estimates of-- 7#a7 the number of workers1 including those employed by a contractor or subcontractor1 employed by the coal-related facility before the closure of the facility2 7#b7 the total number of such workers1 including those employed by a contractor or subcontractor1 whose employment1 as a result of the closure of the coal-related facility1 will-- 7,a7 be retained2 7,b7 be eliminated2 and 7,c7 be given a reduction in hours2 7#c7 with respect to the workers1 including those employed by a contractor or subcontractor1 whose existing jobs will be eliminated as a result of the closure of the coal-related facility1 the total number1 and the number by job classification1 of workers-- 7,a7 whose employment will end without being offered other employment2 7,b7 who will retire as planned1 be offered early retirement1 or leave on their own2 7,c7 who will be retained by being transferred to other activities under the employment of the owner or operator2 and 7,d7 who will be retained to continue to work for the owner or operator in a new job classification2 7#d7 with respect to the workers1 including those employed by a contractor or subcontractor1 whose existing jobs will be retained during the closure of the coal-related facility1 the total number1 and the number by job classification1 of workers who will work on the decommissioning and environmental remediation of the facility2 and 7#e7 if an owner or operator is replacing a coal-related facility with a new electric generating facility1 the number of-- 7,a7 workers from the closed coal-related facility who will be employed at the new electric generating facility2 and 7,b7 jobs at the new electric generating facility that will be outsourced to contractors or subcontractors4 7c7 ,privacy ,a workforce transition plan submitted under subsection 7a7 shall not include information that violates privacy of workers or confidential business information4 7d7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate regulations to implement this subtitle4 ,c ,modern ,energy ,workforce ,development #eba4 ,definitions ,in this subtitle3 7#a7 ,apprenticeship program ,the term apprenticeship program means an apprenticeship registered under the ,act of ,august #af1 #aicg 7#bi ,u4,s4,c4 #ej et seq47 7commonly known as the ,national ,apprenticeship ,act71 that meets the requirements of parts #bi and #cj of title #bi1 ,code of ,federal ,regulations1 as in effect on ,december #cj1 #bjai4 7#b7 ,energy transition worker ,the term energy transition worker means a worker1 including workers employed by contractors or subcontractors1 terminated1 laid off from employment1 or whose work-hours have been reduced1 on or after the date of enactment of this ,act1 from a coal-related facility1 coal-related industrial facility1 or other energy-related entity4 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#d7 ,labor organization ,the term labor organization has the meaning given the term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#e7 ,local educational agency ,the term local educational agency means a public board of education or other public authority legally constituted within a ,state for either administrative control or direction of1 or to perform a service function for1 public schools in a city1 county1 township1 school district1 or other political subdivision of a ,state1 or for a combination of school districts or counties as are recognized in a ,state as an administrative agency for its public elementary schools or secondary schools4 7#f7 ,local workforce development board ,the term local workforce development board has the meaning given that term in section #cabb of title #bi1 ,united ,states ,code4 7#g7 ,minority institution ,the term minority institution has the meaning given that term in section #cfe7c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgk7#c774 7#h7 ,nonprofit organization ,the term nonprofit organization means a group organized for purposes other than generating profit and in which no part of the organization's income is distributed to its members1 directors1 or officers4 7#i7 ,pre-apprenticeship ,the term pre-apprenticeship means1 with respect to a program1 an initiative or set of strategies that-- 7,a7 is designed to prepare participants to enter an apprenticeship program2 7,b7 is carried out by an eligible sponsor that has a documented partnership with one or more sponsors of apprenticeship programs2 and 7,c7 includes each of the following3 7i7 ,training 7including a curriculum for the training7 aligned with industry standards related to an apprenticeship program and reviewed and approved annually by sponsors of the apprenticeship program within the documented partnership that will prepare participants by teaching the skills and competencies needed to enter one or more apprenticeship programs4 7ii7 ,hands-on training and theoretical education for participants that does not displace a paid employee4 7iii7 ,a formal agreement with a sponsor of an apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program-- 7,i7 to enter into the apprenticeship program if a place in the program is available and if the participant meets the qualifications of the apprenticeship program2 and 7,,ii7 to earn credits towards the apprenticeship program4 #ebb4 ,modern energy workforce development 7a7 ,establishment ,the ,secretary of ,energy1 in consultation with the ,secretary of ,labor1 shall establish and carry out a comprehensive and nationwide program 7referred to in this section as the ,program7 to improve education and training for jobs in energy-related industries 7including manufacturing1 engineering1 construction1 and retrofitting jobs in energy-related industries7 to increase the number of skilled workers trained to work in energy-related industries with existing or expected worker shortages4 7b7 ,workforce development 7#a7 ,in general ,in carrying out the ,program1 the ,secretary shall-- 7,a7 offer available resources to energy transition workers and underrepresented groups1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 and socioeconomically disadvantaged individuals1 to enter into science1 technology1 engineering1 and mathematics fields2 7,b7 offer available resources to institutions of higher education to equip students with the skills1 training1 and technical expertise necessary to fill existing or expected worker shortages in energy-related industries2 7,c7 provide internships1 fellowships1 and traineeships at the ,department of ,energy1 including at ,national ,laboratories2 7,d7 provide energy workforce-related research grants and technical assistance to institutions of higher education1 with priority given to minority institutions2 7,e7 ensure that internships1 fellowships1 traineeships1 apprenticeships1 and pre-apprenticeships provide the necessary skills and certifications for employment in energy-related industries with existing or expected worker shortages2 7,f7 ensure that the ,program is in alignment with the ,minorities in ,energy ,initiative of the ,department of ,energy2 7,g7 ensure alignment with other programs that are carrying out the ,minorities in ,energy ,initiative of the ,department of ,energy2 7,h7 to the maximum extent practicable1 collaborate with and support ,state workforce development programs to maximize the efficiency of the ,program2 and 7,i7 work with labor organizations and institutions of higher education to promote pre-apprenticeship as a pathway to an energy-related career through an apprenticeship program4 7#b7 ,priority ,in carrying out the ,program1 the ,secretary shall-- 7,a7 prioritize the education and training of energy transition workers and underrepresented groups1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 and socioeconomically disadvantaged individuals for jobs in energy-related industries1 especially construction2 and 7,b7 partner with labor organizations that have multi-year records of training and supporting energy transition workers and underrepresented groups to successful completion of pre-apprenticeship and apprenticeship programs4 7c7 ,direct assistance 7#a7 ,in general ,in carrying out the ,program1 the ,secretary shall provide direct assistance 7including financial assistance awards1 technical expertise1 and guidance7 to local educational agencies1 local workforce development boards1 institutions of higher education1 nonprofit organizations1 labor organizations1 apprenticeship programs1 and pre-apprenticeship programs4 7#b7 ,distribution ,the ,secretary shall distribute direct assistance under paragraph 7#a7 in a manner that-- 7,a7 is reflective of the needs of1 and demand for jobs in1 an energy-related industry2 and 7,b7 is consistent with the information obtained under subsections 7e77#d7 and 7j74 7#c7 ,restriction ,in providing financial assistance awards under paragraph 7#a7 for education and training relating to construction1 eligible entities shall only include apprenticeship programs1 and pre-apprenticeship programs that have an articulation agreement with one or more apprenticeship programs4 7d7 ,resource center ,the ,secretary shall establish an online resource center-- 7#a7 to maintain and update information and resources on training programs for jobs in energy-related industries 7including manufacturing1 engineering1 construction1 and retrofitting jobs in energy-related industries72 and 7#b7 to connect local educational agencies1 ,state educational agencies1 institutions of higher education1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 apprenticeship programs and pre-apprenticeship programs that are working to develop and implement training programs for the jobs described in paragraph 7#a7 to share resources1 approaches1 and best practices4 7e7 ,collaboration and report ,in carrying out the ,program1 the ,secretary shall-- 7#a7 collaborate with local educational agencies1 institutions of higher education1 local workforce development boards1 nonprofit organizations1 labor organizations1 apprenticeship programs and pre-apprenticeship programs1 and energy-related industries2 7#b7 facilitate the sharing of best practices and approaches that best suit local1 ,state1 and national needs2 7#c7 encourage and foster collaboration1 mentorship1 and partnership between-- 7,a7 industry partners1 local workforce development boards1 nonprofit organizations1 labor organizations1 apprenticeship and pre-apprenticeship programs1 that provide effective training programs for jobs in energy-related industries2 and 7,b7 local educational agencies1 ,state educational agencies1 and institutions of higher education that seek to establish those programs2 and 7#d7 collaborate with the ,secretary of ,labor1 the ,commissioner of the ,bureau of ,labor ,statistics1 the ,secretary of ,commerce1 the ,director of the ,bureau of the ,census1 labor organizations1 and energy-related industries-- 7,a7 to develop a comprehensive and detailed understanding of the workforce needs of1 and job opportunities in1 energy-related industries1 by ,state and by region2 and 7,b7 to publish an annual report on job creation in the sectors of energy-related industries identified under subsection 7j74 7f7 ,best practices for educational institutions 7#a7 ,in general ,the ,secretary1 in collaboration with the ,secretary of ,education1 the ,secretary of ,commerce1 the ,secretary of ,labor1 and the ,director of the ,national ,science ,foundation1 shall develop and report best practices for providing students with skills necessary for jobs in energy-related industries 7including manufacturing1 engineering1 construction1 and retrofitting jobs in energy-related industries7 to local educational agencies1 institutions of higher education1 and apprenticeship programs4 7#b7 ,energy efficiency and community energy resiliency initiatives ,the ,secretary shall develop and provide best practices for teaching students and the families of those students about energy efficiency and community energy resiliency4 7#c7 ,input from industry labor organizations ,in carrying out paragraphs 7#a7 and 7#b71 the ,secretary shall solicit input from energy-related industries and labor organizations1 especially sectors with existing or expected worker shortages or expertise in energy efficiency4 7#d7 ,,stem education ,in carrying out paragraphs 7#a7 and 7#b71 the ,secretary shall promote education in science1 technology1 engineering1 and mathematics4 7g7 ,outreach to minority institutions ,in carrying out the ,program1 the ,secretary shall-- 7#a7 increase the ,department of ,energy's outreach to minority institutions2 7#b7 work with minority institutions to increase the number of skilled minorities and women qualified for jobs in energy-related industries 7including manufacturing1 engineering1 construction1 and retrofitting jobs in energy-related industries72 7#c7 work with energy-related industries to improve opportunities for students of minority institutions to participate in industry internships and cooperative work-study programs2 and 7#d7 work with the ,directors of the ,national ,laboratories to increase the participation of students from minority institutions in internships1 fellowships1 training programs1 and employment at those laboratories4 7h7 ,outreach to energy transition workers ,the ,secretary shall-- 7#a7 work with employers and job trainers1 including apprenticeship and pre-apprenticeship programs1 in preparing energy transition workers for emerging jobs in energy-related industries 7including manufacturing1 engineering1 construction1 and retrofitting jobs in energy-related industries72 7#b7 work with energy transition workers to increase the number of individuals trained for jobs in energy-related industries 7including manufacturing1 engineering1 construction1 and retrofitting jobs in energy-related industries72 and 7#c7 work with labor organizations and energy-related industry partners to improve opportunities for energy transition workers to participate in industry internships1 cooperative work-study programs1 apprenticeships1 and pre-apprenticeships4 7i7 ,enrollment in training and apprenticeship and pre-,apprenticeship programs ,the ,secretary shall provide assistance to industry1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs in identifying students and other candidates1 including energy transition workers and underrepresented groups1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 and socioeconomically disadvantaged individuals1 to enroll in training and apprenticeship programs and pre-apprenticeship programs for jobs in energy-related industries4 7j7 ,guidelines ,to develop skills for a modern energy industry workforce ,the ,secretary shall1 in collaboration with energy-related industries and labor organizations1 identify the sectors within each energy-related industry that have the greatest demand for workers and develop guidelines for the skills necessary to work in those sectors4 ,the ,secretary shall identify the sectors in consultation with a broad cross-section of the energy industry1 including relevant energy industry organizations1 public and private employers1 labor organizations1 postsecondary education institutions1 and workforce development boards4 7k7 ,rule of construction ,nothing in this section authorizes any department1 agency1 officer1 or employee of the ,federal ,government to exercise any direction1 supervision1 or control over-- 7#a7 the curriculum1 program of instruction1 or instructional content of any ,state1 local educational agency1 or school2 or 7#b7 the selection of library resources1 textbooks1 or other printed or published instructional materials used by any ,state1 local educational agency1 or school4 #ebc4 ,zero-emission economy workforce pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a ,national ,laboratory1 business1 or labor organization that demonstrates success in placing graduates of pre-apprenticeship or apprenticeship programs in jobs relevant to such programs and-- 7,a7 is directly involved with zero-emission electricity technology1 energy efficiency1 or other activity that results in a reduction in greenhouse gas emissions1 as determined by the ,secretary2 7,b7 works on behalf of a business or labor organization that is directly involved with zero-emission electricity technology1 energy efficiency1 or other activity that results in a reduction in greenhouse gas emissions1 as determined by the ,secretary2 7,c7 provides services related to-- 7i7 zero-emission electricity technology deployment and maintenance and energy efficiency2 7ii7 grid modernization2 or 7iii7 reduction in greenhouse gas emissions through the use of zero-emission energy technologies2 7,d7 has knowledge of technician workforce needs of a ,national ,laboratory or covered facility of the ,national ,nuclear security ,administration and the associated security requirements of such laboratory or facility2 7,e7 demonstrates experience in implementing and operating apprenticeship programs or pre-apprenticeship programs that provide a direct pathway to an energy-related career2 or 7,f7 demonstrates success in placing graduates of pre-apprenticeship or apprenticeship programs in jobs relevant to such programs4 7#b7 ,national ,laboratory ,the term ,national ,laboratory means any of the following laboratories owned by the ,department of ,energy3 7,a7 ,ames ,laboratory4 7,b7 ,argonne ,national ,laboratory4 7,c7 ,brookhaven ,national ,laboratory4 7,d7 ,fermi ,national ,accelerator ,laboratory4 7,e7 ,idaho ,national ,laboratory4 7,f7 ,lawrence ,berkeley ,national ,laboratory4 7,g7 ,lawrence ,livermore ,national ,laboratory4 7,h7 ,los ,alamos ,national ,laboratory4 7,i7 ,national ,energy ,technology ,laboratory4 7,j7 ,national ,renewable ,energy ,laboratory4 7,k7 ,oak ,ridge ,national ,laboratory4 7,l7 ,pacific ,northwest ,national ,laboratory4 7,m7 ,princeton ,plasma ,physics ,laboratory4 7,n7 ,sandia ,national ,laboratories4 7,o7 ,savannah ,river ,national ,laboratory4 7,p7 ,stanford ,linear ,accelerator ,center4 7,q7 ,thomas ,jefferson ,national ,accelerator ,facility4 7#c7 ,pilot program ,the term pilot program means the pilot program established under subsection 7b74 7b7 ,establishment ,the ,secretary of ,energy1 in consultation with the ,secretary of ,labor1 shall establish a pilot program to provide competitively awarded cost-shared grants to eligible entities to pay for on-the-job training of a new or existing employee-- 7#a7 to work in zero-emission electricity generation1 energy efficiency1 or grid modernization2 7#b7 to work otherwise on the reduction of greenhouse gas emissions2 or 7#c7 to participate in a pre-apprenticeship program that provides a direct pathway to an energy-related career in construction through one or more apprenticeship programs4 7c7 ,grants 7#a7 ,in general ,an eligible entity desiring a grant under the pilot program shall submit to the ,secretary of ,energy an application at such time1 in such manner1 and containing such information as the ,secretary of ,energy may require4 7#b7 ,priority for targeted communities ,in providing grants under the pilot program1 the ,secretary of ,energy shall give priority to an eligible entity that-- 7,a7 recruits employees-- 7i7 from the one or more communities that are served by the eligible entity2 and 7ii7 that are minorities1 women1 veterans1 individuals from ,indian ,tribes or ,tribal organizations1 or energy transition workers2 7,b7 provides trainees with the opportunity to obtain real-world experience2 or 7,c7 has fewer than #ajj employees2 and 7,d7 in the case of a pre-apprenticeship program1 demonstrates-- 7i7 a multi-year record of successfully recruiting energy transition workers1 minorities1 women1 and veterans for training and supporting such individuals to a successful completion of a pre-apprenticeship program2 and 7ii7 a successful multi-year record of placing the majority of pre-apprenticeship program graduates into apprenticeship programs in the construction industry4 7#c7 ,use of grant for ,federal share 7,a7 ,in general ,an eligible entity shall use a grant received under the pilot program to-- 7i7 pay the ,federal share of the cost of providing on-the-job training for an employee1 in accordance with subparagraph 7,b72 or 7ii7 in the case of a pre-apprenticeship program-- 7,i7 recruiting minorities1 women1 and veterans for training2 7,,ii7 supporting those individuals in the successful completion of the pre-apprenticeship program2 and 7,,iii7 carrying out any other activity of the pre-apprenticeship program1 as determined to be appropriate by the ,secretary of ,labor1 in consultation with the ,secretary4 7,b7 ,federal share amount ,the ,federal share described in subparagraph 7,a77i7 shall not exceed-- 7i7 in the case of an eligible entity with #bj or fewer employees1 #de percent of the cost of on-the-job-training for an employee2 7ii7 in the case of an eligible entity with not fewer than #ba employees and not more than #ii employees1 #cg4e percent of the cost of on-the-job-training for an employee2 7iii7 in the case of an eligible entity with not fewer than #ajj employees1 #be percent of the cost of on-the-job-training for an employee2 and 7iv7 in the case of an eligible entity that administers a pre-apprenticeship program1 #ge percent of the cost of the pre-apprenticeship program4 7#d7 ,employer payment of non-,federal share 7,a7 ,in general ,the non-,federal share of the cost of providing on-the-job training for an employee under a grant received under the pilot program shall be paid in cash or in kind by the employer of the employee receiving the training or by a nonprofit organization4 7,b7 ,inclusions ,the non-,federal share described in subparagraph 7,a7 may include the amount of wages paid by the employer to the employee during the time that the employee is receiving on-the-job training1 as fairly evaluated by the ,secretary of ,labor4 7#e7 ,construction ,in providing grants under the pilot program for training1 recruitment1 and support relating to construction1 eligible entities shall only include pre-apprenticeship programs that have an articulation agreement with one or more apprenticeship programs4 7#f7 ,grant amount ,an eligible entity may not receive more than #a1jjj1jjj per fiscal year in grant funds under the pilot program4 #ebd4 ,university ,zero-,emission ,energy ,leadership ,program 7a7 ,establishment 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje is further amended by adding at the end the following3 #iei;,c4 ,university ,zero-,emission ,energy ,leadership ,program 7a7 ,establishment ,the ,secretary of ,energy shall establish a program1 to be known as the ,university ,zero-,emission ,energy ,leadership ,program4 7b7 ,use of funds ,amounts made available to carry out the ,university ,zero-,emission ,energy ,leadership ,program-- 7#a7 shall be used to provide financial assistance for scholarships1 fellowships1 and research and development projects at institutions of higher education in areas relevant to departmental missions in research1 development1 demonstration1 and deployment activities for zero-emission technologies2 7#b7 may be used to provide financial assistance to businesses to offset the costs of a partnership with1 or investments in1 institutions of higher education in areas relevant to departmental missions in research1 development1 demonstration1 and deployment activities for zero-emission technologies2 and 7#c7 may be used to provide financial assistance for a scholarship1 fellowship1 or multiyear research and development project that does not align directly with a departmental mission1 if the activity for which assistance is provided promotes a zero-emission energy transition4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,policy ,act of #bjje is further amended by adding after the item relating to section #iei;,b the following3 ,sec4 #iei;,c4 ,university ,zero-,emission ,energy ,leadership ,program4 4 7b7 ,repeal ,the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjji is amended by striking section #cac4 #ebe4 ,climate ,resiliency ,corps 7a7 ,definitions ,in this section3 7#a7 ,energy transition workers ,the term energy transition workers means workers1 including workers employed by contractors or subcontractors1 terminated1 laid off from employment1 or whose work-hours have been reduced1 on or after the date of enactment of this ,act1 from a coal-related facility1 coal-related industry1 or other energy-related entity4 7#b7 ,members of the reserve components of the ,armed ,forces ,the term members of the reserve components of the ,armed ,forces means members of the-- 7,a7 ,army ,national ,guard of the ,united ,states2 7,b7 ,army ,reserve2 7,c7 ,navy ,reserve2 7,d7 ,marine ,corps ,reserve2 7,e7 ,air ,national ,guard of the ,united ,states2 7,f7 ,air ,force ,reserve2 and 7,g7 ,coast ,guard ,reserve4 7#c7 ,underemployed ,the term underemployed means individuals who are employed at less than full-time because they are unable to obtain full time employment or who are employed at jobs inadequate to their training or economic needs4 7#d7 ,veterans of the ,armed ,forces ,the term veterans of the ,armed ,forces means a person who served in the active military1 naval1 or air service and who was discharged or released under conditions other than dishonorable4 7b7 ,establishment ,in order to relieve distress and unemployment in the ,united ,states and to provide for the restoration of depleted natural resources in the ,united ,states and the advancement of an orderly program of useful public works1 the ,president shall establish and operate a ,climate ,resiliency ,corps to employ residents of the ,united ,states1 who are unemployed or underemployed1 in the construction1 maintenance1 and carrying out of works of a public nature in connection with1 but not limited to-- 7#a7 coastal restoration1 including-- 7,a7 adaptive management2 7,b7 exposed element relocation1 elevation1 or removal2 7,c7 flood and storm surge barrier2 7,d7 sea dikes2 7,e7 seawall or revetment2 7,f7 spatial planning and integrated coastal zone management planning2 7,g7 temporary and demountable flood defenses2 7,h7 rainwater harvesting2 7,i7 sustainable urban drainage systems2 and 7,j7 wet and dry proofing2 7#b7 resilient infrastructure1 including-- 7,a7 deployment and management of resilient transportation and other infrastructure systems2 7,b7 sustainable urban underground structures development2 and 7,c7 earthquake resiliency and interaction of above- and below-ground infrastructure2 7#c7 natural solutions1 including-- 7,a7 restoration of wetlands1 mangroves1 marshes1 seagrasses1 and oyster reefs1 and the installation of living shorelines2 7,b7 green roofs2 7,c7 rain gardens2 7,d7 bioswales2 7,e7 urban tree canopies2 and 7,f7 permeable pavements2 and 7#d7 other activities that are deemed necessary by the ,president1 with guidance from the ,secretary of ,energy1 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 the ,administrator of the ,environmental ,protection ,agency1 or other relevant agency leaders4 7c7 ,role of ,federal agencies ,to operate the ,climate ,resiliency ,corps1 the ,president may utilize existing ,federal departments and agencies1 including the ,department of ,labor1 the ,department of ,defense1 the ,national ,guard ,bureau1 the ,department of the ,interior1 the ,department of ,agriculture1 the ,army ,corps of ,engineers1 the ,department of ,transportation1 the ,department of ,energy1 the ,environmental ,protection ,agency1 and ,federal governmental corporations4 7d7 ,contract authority 7#a7 ,for the purpose of carrying out this section1 the ,president may enter into such contracts or agreements with ,states as may be necessary1 including provisions for utilization of existing ,state administrative agencies4 7#b7 ,states entering into such contracts or agreements shall provide written assurances to the ,president that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance under this section shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7e7 ,acquisition of real property ,the ,president1 or the head of any department or agency authorized by the ,president to construct any project or to carry on any public works under this ,act1 may acquire real property for such project or public work by purchase1 donation1 condemnation1 or otherwise4 7f7 ,administration 7#a7 ,employment preference ,if the ,president determines that amounts appropriated to carry out a ,climate ,resiliency ,corps under this ,act for a fiscal year will be insufficient to employ all of the citizens of the ,united ,states described in section 7b7 who are seeking or likely to seek employment in the ,climate ,resiliency ,corps and continue the employment of current employees who desire to remain in the ,climate ,resiliency ,corps1 the ,president shall give priority to the hiring of additional persons in the ,climate ,resiliency ,corps to-- 7,a7 energy transition workers2 7,b7 unemployed veterans of the ,armed ,forces and unemployed members of the reserve components of the ,armed ,forces2 7,c7 unemployed citizens who have exhausted their entitlement to unemployment compensation2 7,d7 unemployed citizens1 who immediately before employment in the ,climate ,resiliency ,corps1 are eligible for unemployment compensation payable under any ,state law or ,federal unemployment compensation law1 including any additional compensation or extended compensation under such laws2 and 7,e7 other citizens from minority groups1 including1 religious and ethnic minorities1 women1 and individuals with disabilities4 7#b7 ,housing and care of employees ,the ,president may provide housing for persons employed in the ,climate ,resiliency ,corps and furnish them with such subsistence1 clothing1 medical attendance and hospitalization1 and cash allowance1 as may be necessary1 during the period they are so employed4 7#c7 ,transportation ,the ,president may provide for the transportation of persons employed in the ,climate ,resiliency ,corps to and from the places of employment4 7#d7 ,non-discrimination ,in employing citizens for the ,climate ,resiliency ,corps1 no discrimination shall occur1 in accordance with ,federal employment law1 except that no individual under conviction for crime and serving sentence therefore shall be employed under the provisions of this ,act4 7g7 ,use of unobligated funds appropriated for public works 7#a7 ,use of existing funds ,the ,president may use any moneys previously appropriated for public works and unobligated as of the date of the enactment of this ,act to establish and operate a ,climate ,resiliency ,corps under this section4 7#b7 ,use to relieve unemployment ,not less than #hj percent of the funds utilized pursuant to this subsection must be used to provide for the employment of individuals under this section4 7#c7 ,exceptions ,paragraph 7#a7 shall not apply to-- 7,a7 unobligated moneys appropriated for public works on which actual construction has been commenced as of the date of the enactment of this ,act or may be commenced within #ij days after that date2 and 7,b7 maintenance funds for river and harbor improvements already allocated as of the date of the enactment of this ,act4 7h7 ,termination ,the authority of the ,president to establish and operate a ,climate ,resilience ,corps under this section expires on ,september #cj1 #bjce4 #ebf4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subtitle such sums as may be necessary for each of fiscal years #bjba through #bjce4