,,ii #aafth ,,congress #b;d ,session ,s4 #dadg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #a1 #bjbj,mr4 ,merkley introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish the ,financing ,energy ,efficient ,manufacturing ,program at the ,department of ,energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,job ,creation through ,energy ,efficient ,manufacturing ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,energy management plan ,the term energy management plan means a plan established under section #c7;c77#d74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,program ,the term program means the ,financing ,energy ,efficient ,manufacturing ,program established under section #c7;a74 7#d7 ,program manager ,the term program manager means a qualified entity that receives a grant under section #c7;a74 7#e7 ,project ,the term project means an energy efficiency improvement project carried out by a small- or medium-sized manufacturer using grant funds distributed by a project manager4 7#f7 ,qualified entity ,the term qualified entity means-- 7,a7 a ,state energy office2 7,b7 an ,indian tribe2 7,c7 a nonprofit organization that-- 7i7 is focused on providing energy efficiency or renewable energy services2 and 7ii7 receives funding from a ,state1 ,indian tribe1 or utility2 7,d7 an electric cooperative group2 and 7,e7 an entity with a public-private partnership under the ,hollings ,manufacturing ,extension ,partnership established under section #be7;b7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk7b774 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#h7 ,small- or medium-sized manufacturer ,the term small- or medium-sized manufacturer means a manufacturing establishment-- 7,a7 classified in ,sector #ca1 #cb1 or #cc in the ,north ,american ,industry ,classification ,system2 and 7,b7 that employs not more than #gej employees4 #c4 ,financing ,energy ,efficient ,manufacturing ,program 7a7 ,establishment ,the ,secretary shall establish a program1 to be known as the ,financing ,energy ,efficient ,manufacturing ,program to provide grants to qualified entities to fund energy efficiency improvement projects in the manufacturing sector4 7b7 ,grant applications2 selection of grant recipients 7#a7 ,grant applications 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 qualified entities desiring a grant under subsection 7a7 shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require1 including a description of-- 7i7 how the qualified entity will work with small- and medium-sized manufacturers to assess the most promising opportunities for energy efficiency improvements2 7ii7 how the qualified entity will work with small- and medium-sized manufacturers and1 if appropriate1 licensed engineers to establish an energy management plan for the small- or medium-sized manufacturer to carry out a project2 7iii7 the methods and cost-sharing plans the qualified entity will use to distribute funds to small- and medium-sized manufacturers to subsidize the costs of carrying out a project2 7iv7 the standards by which the qualified entity will set energy efficiency goals for a project that will result in meaningful reductions in electricity or natural gas use by the small- or medium-sized manufacturer carrying out the project2 7v7 how the qualified entity will provide support to the small- or medium-sized manufacturer carrying out a project during the implementation of the energy management plan2 7vi7 7,i7 any history of the qualified entity of working collaboratively with the regional technical assistance programs of the ,department of ,energy2 and 7,,ii7 how the qualified entity plans to involve the regional technical assistance programs in the activities to be funded by a grant2 and 7vii7 how the qualified entity will collect measurements throughout the implementation of the energy management plan-- 7,i7 to demonstrate how energy efficiency improvements are being achieved2 and 7,,ii7 to maximize opportunities for project success4 7,b7 ,partnerships ,two or more qualified entities may form a partnership to apply1 and act as program manager1 for a grant under this subsection4 7#b7 ,selection of grant recipients 7,a7 ,in general ,not later than #ij days after the date on which the ,secretary receives an application under paragraph 7#a71 the ,secretary shall-- 7i7 review the application2 7ii7 provide the applicant with an opportunity to respond to any questions of the ,secretary regarding the application2 and 7iii7 select or deny the applicant based on the criteria described in subparagraph 7,b74 7,b7 ,selection criteria 7i7 ,in general ,the ,secretary shall select for grants under this subsection qualified entities that demonstrate a history of successfully implementing energy efficiency improvement programs for small- and medium-sized manufacturers4 7ii7 ,priority ,in making selections under clause 7i71 the ,secretary shall give priority to qualified entities that demonstrate-- 7,i7 effective methods for reducing barriers to entry that might otherwise prevent small- and medium-sized manufacturers from participating in the subgrant program under subsection 7c72 7,,ii7 flexibility in addressing the needs of different small- and medium-sized manufacturers2 and 7,,iii7 a commitment to hiring for projects contractors that comply with the labor requirements described in subsection 7d77#b74 7c7 ,subgrants for energy efficiency improvements 7#a7 ,in general ,a qualified entity 7including a partnership of #a or more qualified entities under subsection 7b77#a77;,b77 that receives a grant under subsection 7a7 shall act as a program manager to distribute subgrants to small- and medium-sized manufacturers located in the ,state in which the program manager is located to carry out projects-- 7,a7 to improve the energy efficiency of the small- or medium-sized manufacturer2 and 7,b7 to develop technologies to reduce electricity or natural gas use by the small- or medium-sized manufacturer4 7#b7 ,applications ,a small- or medium-sized manufacturer desiring a subgrant under paragraph 7#a7 shall submit to the program manager an application at such time1 in such manner1 and containing such information as the program manager may require1 including a proposal describing the project to be carried out using the subgrant funds4 7#c7 ,priority ,in selecting small- or medium-sized manufacturers for subgrants under this subsection1 the program manager shall give priority to small- or medium-sized manufacturers that commit to hiring for projects contractors that comply with the labor requirements described in subsection 7d77#b74 7#d7 ,eligibility requirements ,to be eligible to receive a subgrant under paragraph 7#a71 a small- or medium-sized manufacturer shall be a private1 nongovernmental entity4 7#e7 ,energy management plans ,each small- or medium-sized manufacturer receiving a subgrant under paragraph 7#a71 in consultation with the program manager and1 if appropriate1 #a or more licensed engineers1 shall establish an energy management plan for the small- or medium-sized manufacturer to carry out the project4 7#f7 ,effect on title to property ,the receipt of ,federal funds under this subsection shall not prohibit an entity that purchased equipment or other property using those funds from owning sole1 permanent title to the equipment or other property4 7d7 ,contractors 7#a7 ,in general ,program managers and small- or medium-sized manufacturers may hire1 if necessary1 contractors to perform work relating to the installation1 repair1 or maintenance of equipment used under a project4 7#b7 ,labor requirements ,in an application for a grant or subgrant under this section1 a program manager or a small- or medium-sized manufacturer1 respectively1 may commit to hiring contractors that represent to the best of the knowledge and belief of the contractor1 whether1 during the #c-year period preceding the date of application1 any administrative merits determination1 arbitral award or decision1 or civil judgment 7as defined in guidance issued by the ,secretary of ,labor7 was rendered against the contractor for violations of-- 7,a7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7,b7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,c7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,d7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7,e7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7,f7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa et seq472 7,g7 subchapter ,,iv of chapter #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act72 7,h7 chapter #fg of title #da1 ,united ,states ,code2 7,i7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,j7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,k7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note7 7relating to equal employment opportunity72 7,l7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea 7,february #bj1 #bjad77 7relating to establishing a minimum wage for contractors72 or 7,m7 equivalent ,state laws4 7#c7 ,additional labor requirements ,a program manager or small- or medium-sized manufacturer receiving a grant or subgrant1 respectively1 under this section that has committed to complying with the labor requirements described in paragraph 7#b7-- 7,a7 shall provide each contractor an opportunity to disclose any steps taken to correct a violation of1 or improve compliance with1 a law or ,executive order described in any of subparagraphs 7,a7 through 7,m7 of paragraph 7#b71 including any agreements entered into with an enforcement agency2 7,b7 shall give preference to contractors that have the fewest number of violations 7particularly serious1 repeated1 willful1 or pervasive violations7 of the laws and ,executive orders described in subparagraphs 7,a7 through 7,m7 of paragraph 7#b72 and 7,c7 shall not hire contractors that fail to take steps to correct violations of1 or improve compliance with1 a law or ,executive order described in any of subparagraphs 7,a7 through 7,m7 of paragraph 7#b74 7e7 ,american iron1 steel1 and manufactured products 7#a7 ,definitions ,in this subsection3 7,a7 ,iron or steel manufactured product ,the term iron or steel manufactured product includes any construction material or end product 7as those terms are defined in subpart #be4jjc of the ,federal ,acquisition ,regulation7 that does not otherwise qualify as an iron or steel product1 including-- 7i7 an electrical component2 7ii7 a non-ferrous building material1 including-- 7,i7 aluminum and polyvinylchloride2 7,,ii7 glass2 7,,iii7 fiber optics2 7,,iv7 plastic2 7,v7 wood2 7,,vi7 masonry2 7,,vii7 rubber2 7,,viii7 manufactured stone2 and 7,,ix7 any other non-ferrous building materials2 and 7iii7 any unmanufactured construction material4 7,b7 ,produced in the ,united ,states 7i7 ,in general ,the term produced in the ,united ,states-- 7,i7 with respect to an iron or steel product or an iron or steel manufactured product1 means that all manufacturing processes for1 and materials and components of1 the iron or steel product or iron or steel manufactured product1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states2 and 7,,ii7 with respect to an iron or steel manufactured product1 means that-- 7aa7 the iron or steel manufactured product was manufactured in the ,united ,states2 and 7bb7 the cost of the components of the iron or steel manufactured product that were mined1 produced1 or manufactured in the ,united ,states is greater than #fj percent of the total cost of the components of the iron or steel manufactured product4 7ii7 ,exclusions ,the term produced in the ,united ,states1 with respect to an iron or steel product or an iron or steel manufactured product1 does not include an iron or steel product or an iron or steel manufactured product that was manufactured-- 7,i7 abroad from semi-finished steel or iron from the ,united ,states2 or 7,,ii7 in the ,united ,states from semi-finished steel or iron of foreign origin4 7#b7 ,requirement ,funds made available under the program may not be used for a project unless all of the iron and steel products and iron and steel manufactured products used in the project are produced in the ,united ,states4 7#c7 ,waiver 7,a7 ,in general ,on request of the recipient of a grant under the program1 the ,secretary may grant for the project of the recipient of the grant a waiver of the requirement described in paragraph 7#b7 if the ,secretary finds that-- 7i7 the application of paragraph 7#b7 would be inconsistent with the public interest2 7ii7 iron or steel products or iron or steel manufactured products are not produced in the ,united ,states-- 7,i7 in sufficient and reasonably available quantities2 or 7,,ii7 of a satisfactory quality2 or 7iii7 the inclusion of iron or steel products or iron or steel manufactured products produced in the ,united ,states would increase the cost of the overall project by greater than #be percent4 7,b7 ,public notice ,on receipt of a request for a waiver under subparagraph 7,a71 the ,secretary shall-- 7i7 make available to the public1 including by electronic means1 including on the official public website of the ,department of ,energy1 on an informal basis1 a copy of the request and all information available to the ,secretary relating to the request2 and 7ii7 provide for informal public input on the request for a period of not fewer than #ae days before making with respect to the request the finding described in subparagraph 7,a74 7f7 ,reporting requirements 7#a7 ,in general ,each program manager shall-- 7,a7 determine what data shall be required-- 7i7 to be collected by or from each small- or medium-sized manufacturer receiving a subgrant under subsection 7c72 and 7ii7 to be submitted to the program manager to permit analysis of the subgrant program under subsection 7c72 and 7,b7 develop metrics to determine the success of the subgrant program under subsection 7c74 7#b7 ,provision of data ,as a condition of receiving a subgrant under subsection 7c71 a small- or medium-sized manufacturer shall provide to the program manager relevant data1 as determined by the program manager under paragraph 7#a77;,a74 7#c7 ,proprietary information ,in carrying out this subsection1 each program manager1 as appropriate1 shall provide for the protection of proprietary information and intellectual property rights4 7g7 ,funding 7#a7 ,in general ,out of amounts made available to the ,secretary and not otherwise obligated1 the ,secretary shall use to carry out this section not more than #fjj1jjj1jjj4 7#b7 ,requirements for program managers ,a program manager shall use not greater than #g percent of the grant funds received by the program manager1 at the discretion of the program manager-- 7,a7 to hire and train staff to assist the program manager in administering the subgrant program of the program manager2 and 7,b7 to market the subgrant program to small- and medium-sized manufacturers4 7#c7 ,management and oversight ,the ,secretary may use not greater than #j4be percent of the funds made available under paragraph 7#a7 to carry out subsection 7e74