,,ii #aagth ,,congress #ast ,session ,s4 #bffe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjba,ms4 ,cortez ,masto 7for herself1 ,mrs4 ,gillibrand1 and ,mrs4 ,shaheen7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to require the ,secretary of ,energy to establish a grant program to incentivize small business participation in demand side management programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,main ,street ,efficiency ,act of #bjba4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds that-- 7#a7 small businesses in the ,united ,states employ roughly half of the workforce1 and create about half of the gross domestic product1 of the ,united ,states2 7#b7 #cj1jjj1jjj workers in the ,united ,states remain at risk of long-term unemployment1 and #a in #d small businesses in the ,united ,states remain at risk of long-term closure1 as a result of the ,,covid-#ai pandemic2 7#c7 prior to the ,,covid-#ai pandemic1 there were #b1djj1jjj workers in the ,united ,states employed in the energy efficiency sector1 which was growing at a rate #c times greater than that of the overall economy of the ,united ,states2 7#d7 over #cjj1jjj energy efficiency workers remain unemployed as of ,january #a1 #bjba1 due to the ,,covid-#ai pandemic2 7#e7 nearly #hj percent of energy efficiency workers are employed by companies with fewer than #bj employees2 7#f7 ,united ,states small business energy bills total #fj1jjj1jjj1jjj annually1 of which #cj percent could be saved through energy efficiency improvements1 which would save small businesses #ah1jjj1jjj1jjj annually2 7#g7 three-quarters of electric and natural gas utility companies in the ,united ,states operate demand side management programs to incentivize customers to make energy efficiency improvements2 and 7#h7 participation rates for small businesses in demand side management programs are typically very low because small businesses do not have the capital to meet the customer contribution that utilities require4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to make small businesses more financially viable through energy efficiency improvements that lower monthly utility bills2 7#b7 to restore and create energy efficiency jobs across the ,united ,states2 7#c7 to provide work and revenue streams for small businesses in the energy efficiency sector2 7#d7 to ensure that demand side management programs for small businesses include participation by-- 7,a7 minority1 women1 and veteran-owned small businesses2 7,b7 small businesses in disadvantaged neighborhoods2 and 7,c7 newly created small businesses2 7#e7 to increase small business participation rates in demand side management programs2 7#f7 to reduce the energy demand and emissions of the ,united ,states associated with energy use2 and 7#g7 to improve the indoor environments of small businesses across the ,united ,states4 #c4 ,grants for demand side management programs 7a7 ,definitions ,in this section3 7#a7 ,customer contribution ,the term customer contribution means the portion of the total cost of an activity carried out under a demand side management program that an eligible small business is responsible for covering to secure investment from a qualifying utility or program administrator4 7#b7 ,demand side management program 7,a7 ,in general ,the term demand side management program means a program to plan1 implement1 and monitor activities of a qualifying utility or program administrator that are designed to encourage an eligible small business to modify their level or pattern of electricity or natural gas usage in a manner that reduces the monthly energy costs of that eligible small business4 7,b7 ,inclusions ,the term demand side management program includes any activity that-- 7i7 improves the efficiency of any end-use appliance or equipment that uses electricity or natural gas2 7ii7 reduces monthly energy usage through weatherization1 energy efficiency retrofitting1 or infrastructure improvements2 7iii7 enables or enhances overall energy or cost savings through digital technologies2 7iv7 improves the effectiveness of a program through digital analytics or engagement2 7v7 improves the demand response capabilities of a qualifying utility2 or 7vi7 supports the deployment of electric vehicles or energy storage technology4 7#c7 ,diverse supplier ,the term diverse supplier means a service provider or supplier at least #ea percent of which is owned1 operated1 or controlled by an individual who is a minority1 a woman1 a veteran1 disabled1 or identifies as lesbian1 gay1 bisexual1 transgender1 or queer 7also known as ,,lgbtq74 7#d7 ,electric utility ,the term electric utility has the meaning given the term in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb74 7#e7 ,eligible small business ,the term eligible small business means a small commercial account utility customer1 as determined by the applicable qualifying utility or program administrator that receives a grant under this section1 that-- 7,a7 has a peak demand of less than #cjj kilowatts of electricity in any billing month2 and 7,b7 uses less than #aej1jjj therms of natural gas each year4 7#f7 ,gas utility ,the term gas utility has the meaning given the term in section #cjb of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#ae ,u4,s4,c4 #cbjb74 7#g7 ,minority owned or controlled ,the term minority owned or controlled means1 with respect to an eligible small business1 an eligible small business-- 7,a7 7i7 that is privately owned and for-profit2 and 7ii7 at least #ea percent of which is owned or controlled by individuals who are of ,asian-,indian1 ,asian-,pacific1 ,black1 ,latino1 or ,native ,american origin or descent2 7,b7 7i7 that is publicly owned2 and 7ii7 at least #ea percent of the stock of which is owned by #a or more individuals of ,asian-,indian1 ,asian-,pacific1 ,black1 ,latino1 or ,native ,american origin or descent2 or 7,c7 7i7 that is a not-for-profit business2 7ii7 at least #ea percent of the governing body or board of directors of which is composed of and controlled by individuals who are of ,asian-,indian1 ,asian-,pacific1 ,black1 ,latino1 or ,native ,american origin or descent2 and 7iii7 the management and daily operations of which are controlled by individuals described in clause 7ii74 7#h7 ,program administrator ,the term program administrator means a nonutility organization1 such as a ,state government1 contractor1 or nonprofit organization1 that administers a demand side management program that is funded by-- 7,a7 public benefit charges to utility customers1 as approved by the governing body of the nonutility organization2 or 7,b7 other targeted funds from qualifying utilities or ,state governments4 7#i7 ,qualifying utility ,the term qualifying utility means an entity that-- 7,a7 is an electric utility or gas utility that-- 7i7 is owned by investors2 7ii7 is a political subdivision of a ,state or an ,indian ,tribe1 such as a municipally owned utility1 agency1 authority1 corporation1 or instrumentality of a ,state or an ,indian ,tribe2 7iii7 is a rural electric cooperative2 or 7iv7 is primarily responsible for carrying out a demand side management program that is funded by utility ratepayers2 7,b7 operates in the ,united ,states1 a territory of the ,united ,states1 or on land owned by a federally recognized ,indian ,tribe2 and 7,c7 has established a demand side management program for eligible small businesses as of the date on which the qualifying utility submits an application under subsection 7c77#a74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish and carry out a program to provide grants to qualifying utilities and program administrators in accordance with this section4 7c7 ,applications 7#a7 ,in general ,to apply for a grant under this section1 a qualifying utility or program administrator shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall1 to the maximum extent practicable1 give priority to a qualifying utility or program administrator that will carry out a demand side management program that-- 7,a7 utilizes diverse suppliers2 and 7,b7 includes as participants eligible small businesses that-- 7i7 operate in an underserved1 rural1 or economically disadvantaged community2 7ii7 are owned and operated by members of the ,armed ,forces who are serving on active duty1 separated from active duty1 or retired from active duty2 7iii7 are minority owned or controlled2 7iv7 are owned and operated by socially and economically disadvantaged individuals2 7v7 have operated for less than #g years as of the date on which the qualifying utility or program administrator submits an application for a grant under paragraph 7#a72 7vi7 operate in diverse geographic locations1 as determined by the qualifying utility or program administrator1 as applicable2 or 7vii7 are of varying business types4 7#c7 ,deadline for selection ,subject to the availability of appropriations and paragraph 7#d71 the ,secretary shall determine whether to provide a grant to a qualifying utility or program administrator that submits an application under paragraph 7#a7 not later than the date that is #cj days after the date on which the application is submitted4 7#d7 ,delayed issuance of awards ,the ,secretary may not provide grants under this section until the date that is #de days after the date on which the ,secretary begins to accept applications under paragraph 7#a74 7d7 ,grant funds 7#a7 ,use of funds ,a qualifying utility or program administrator that receives a grant under this section shall use the grant funds to pay customer contributions4 7#b7 ,limitations on grant amounts 7,a7 ,max grant amount ,the amount of a grant awarded under this section to a qualifying utility or program administrator that carries out a demand side management program shall not exceed the lesser of-- 7i7 the amount of funding the qualifying utility or program administrator1 as applicable1 commits to spending on the demand side management program for the period of the grant2 and 7ii7 #ajj1jjj1jjj4 7,b7 ,no reduction in utility contributions ,in providing grants under this section1 the ,secretary shall enter into an agreement with each grant recipient to ensure that each grant recipient does not1 as a result of receiving a grant under this section1 reduce the amount it spends paying for the costs of activities carried out under a demand side management program for the benefit of any of customer classes of that grant recipient4 7,c7 ,use of funds for energy efficient infrastructure ,a qualifying utility or program administrator awarded a grant under this section shall use not more than #be percent of the grant funds to support activities relating to the deployment of electric vehicles1 distributed energy resources1 or energy storage technology4 7,d7 ,use of funds for demand side management program costs ,of the grant funds provided under this section to a qualifying utility or program administrator1 the amount used by the qualifying utility or program administrator to pay a customer contribution1 or any portion of a customer contribution1 may not-- 7i7 exceed the amount of non-,federal funding that the qualifying utility or program administrator1 as applicable1 spends on activities carried out under a demand side management program2 or 7ii7 represent more than #ej percent of the total costs of those activities4 7,e7 ,administrative costs 7i7 ,in general ,a qualifying utility or program administrator awarded a grant under this section shall use not more than #aj percent of the grant funds to pay for the administrative costs relating to the carrying out of activities under a demand side management program4 7ii7 ,rates ,nothing in this subsection shall affect the ability of a qualifying utility or program administrator that receives a grant under this section to charge a federally approved indirect rate4 7e7 ,assessment and report 7#a7 ,in general ,the ,secretary shall carry out an annual assessment of the effect of grants provided under this section on energy use1 economic outcomes1 the environment1 and social outcomes1 including with respect to-- 7,a7 the electricity and natural gas usage 7in terms of kilowatt hours1 kilowatts1 and therms7 of each eligible small business that participated in a demand side management program carried out by a qualifying utility or program administrator that received a grant under this section2 7,b7 the changes in the level of customer contributions2 7,c7 the cost to eligible small businesses of purchasing electricity and natural gas2 7,d7 job creation1 wages1 benefits1 career development opportunities1 and the diversity of the energy efficiency workforce2 7,e7 the extent to which-- 7i7 qualified utilities and program administrators1 as applicable1 utilize diverse suppliers2 and 7ii7 minority owned or controlled eligible small businesses benefit from the program2 7,f7 the amount of non-,federal investments made in demand side management programs2 and 7,g7 the electric grid1 including effects on-- 7i7 load flexibility2 7ii7 cost efficiency2 7iii7 avoidance of new capacity2 and 7iv7 any other relevant benefits1 as determined by the ,secretary4 7#b7 ,use of program evaluation data ,to the extent practicable1 the ,secretary shall carry out an assessment under paragraph 7#a7 using data that includes any data made available through program evaluations that are completed by qualifying utilities or program administrators in response to the requirements of the governing body of the qualifying utility or program administrator4 7#c7 ,report ,beginning in the first calendar year that begins after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall1 not later than ,april #cj of each year1 submit to ,congress a report on the results of the most recent assessment carried out under paragraph 7#a74 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this section #f1jjj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 7#b7 ,unused amounts ,any amount of a grant provided under this section that has not been used by a qualifying utility or program administrator by the date that is #c years after the date on which the grant was provided-- 7,a7 shall be returned to the ,treasury2 and 7,b7 is authorized to be appropriated to carry out this section in addition to the amounts authorized to be appropriated under paragraph 7#a74