Title II — Renewable Energy

H.R. 4447 · 116th Congress · Oct 19, 2020 · Lineage

II Renewable Energy

A Energy Storage

1 Consideration of energy storage systems

Sec. 2101 Consideration of energy storage systems

(a)

In general— Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:

“(20) Consideration of energy storage systems—Each State shall consider requiring that, as part of a supply side resource planning process, an electric utility of the State demonstrate to the State that the electric utility considered an investment in energy storage systems based on appropriate factors, including—

“(A) total costs and normalized life cycle costs;

“(B) cost effectiveness;

“(C) improved reliability;

“(D) security; and

“(E) system performance and efficiency.”

(b)

Time limitations— Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following:

“(7)

“(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State regulatory authority has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d).

“(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State regulatory authority has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (20) of section 111(d).”

(c)

Failure To comply— Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: “In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph (20).”.

(d)

Prior state actions— Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following:

“(g) Prior State actions—Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection—

“(1) the State has implemented for such utility the standard concerned (or a comparable standard);

“(2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or

“(3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.”

(e)

Prior and pending proceedings— Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: “In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this section to the date of the enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph (20).”.

Sec. 2102 Coordination of programs

To the maximum extent practicable, the Secretary of Energy shall ensure that the funding and administration of the different offices within the Grid Modernization Initiative of the Department of Energy and other programs conducting energy storage research are coordinated and streamlined.

2 Energy storage and microgrid projects

Sec. 2121 Definitions

(a)

Definitions— In this part:

(1)

Eligible entity— The term eligible entity means—

(A)

a rural electric cooperative; or

(B)

a nonprofit organization working with at least 6 rural electric cooperatives.

(2)

Energy storage— The term energy storage means the use of equipment or facilities relating to the electric grid that are capable of absorbing and converting energy, as applicable, storing the energy for a period of time, and dispatching the energy, that—

(A)

use mechanical, electrochemical, biochemical, or thermal processes, to convert and store energy that was generated at an earlier time for use at a later time;

(B)

use mechanical, electrochemical, biochemical, or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time; or

(C)

convert and store energy in an electric, thermal, or gaseous state for consumption at a later time in a manner that avoids the need to use electricity or other fuel sources at that later time, as is offered by grid-enabled water heaters, building heaters or coolers, electric vehicles, mini-pumped hydroelectric facilities, electrolysis processes that make hydrogen for transportation or industrial needs, or any other load shaping mechanism that includes energy storage.

(3)

Island— The term island mode means a mode in which a distributed generator or energy storage device continues to power a location in the absence of electric power from the primary source.

(4)

Microgrid— The term microgrid means an interconnected system of loads and distributed energy resources, including generators and energy storage devices, within clearly defined electrical boundaries that—

(A)

acts as a single controllable entity with respect to the electric grid; and

(B)

can connect to, and disconnect from, the electric grid to operate in both grid-connected mode and island mode.

(5)

Renewable energy source— The term renewable energy source has the meaning given the term in section 609(a) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)).

(6)

Rural electric cooperative— The term rural electric cooperative means an electric cooperative (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) that sells electric energy to persons in rural areas.

(7)

Secretary— The term Secretary means the Secretary of Energy.

Sec. 2122 Energy storage and microgrid assistance program

(a)

In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall—

(1)

provide grants to eligible entities under subsection (c);

(2)

provide technical assistance to eligible entities under subsection (d); and

(3)

disseminate information to eligible entities on—

(A)

the activities described in subsections (c)(1) and (d); and

(B)

potential and existing energy storage and microgrid projects.

(b)

Cooperative agreement— The Secretary may enter into a cooperative agreement with an eligible entity to carry out subsection (a).

(c)

Grants—

(1)

In general— The Secretary shall award grants to eligible entities for identifying, evaluating, designing, and demonstrating energy storage and microgrid projects that utilize energy from renewable energy sources.

(2)

Application— To be eligible to receive a grant under paragraph (1), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(3)

Use of grant— An eligible entity that receives a grant under paragraph (1)—

(A)

shall use the grant—

(i)

to conduct feasibility studies to assess the potential for implementation or improvement of energy storage or microgrid projects;

(ii)

to analyze and implement strategies to overcome barriers to energy storage or microgrid project implementation, including financial, contracting, siting, and permitting barriers;

(iii)

to conduct detailed engineering of energy storage or microgrid projects;

(iv)

to perform a cost-benefit analysis with respect to an energy storage or microgrid project;

(v)

to plan for both the short- and long-term inclusion of energy storage or microgrid projects into the future development plans of the eligible entity; or

(vi)

to purchase and install necessary equipment, materials, and supplies for demonstration of emerging technologies; and

(B)

may use the grant to obtain technical assistance from experts in carrying out the activities described in subparagraph (A).

(4)

Condition— As a condition of receiving a grant under paragraph (1), an eligible entity shall—

(A)

implement a public awareness campaign, in coordination with the Secretary, about the project implemented under the grant in the community in which the eligible entity is located, which campaign shall include providing projected environmental benefits achieved under the project, where to find more information about the program established under this section, and any other information the Secretary determines necessary;

(B)

submit to the Secretary, and make available to the public, a report that describes—

(i)

any energy cost savings and environmental benefits achieved under the project; and

(ii)

the results of the project, including quantitative assessments to the extent practicable, associated with each activity described in paragraph (3)(A); and

(C)

create and disseminate tools and resources that will benefit other rural electric cooperatives, which may include cost calculators, guidebooks, handbooks, templates, and training courses.

(5)

Cost-share— Activities under this subsection shall be subject to the cost-sharing requirements of section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).

(d)

Technical assistance—

(1)

In general— In carrying out the program established under subsection (a), the Secretary shall provide eligible entities with technical assistance relating to—

(A)

identifying opportunities for energy storage and microgrid projects;

(B)

understanding the technical and economic characteristics of energy storage or microgrid projects;

(C)

understanding financing alternatives;

(D)

permitting and siting issues;

(E)

obtaining case studies of similar and successful energy storage or microgrid projects;

(F)

reviewing and obtaining computer software for assessment, design, and operation and maintenance of energy storage or microgrid systems; and

(G)

understanding and utilizing the reliability and resiliency benefits of energy storage and microgrid projects.

(2)

External contracts— In carrying out paragraph (1), the Secretary may enter into contracts with third-party experts, including engineering, finance, and insurance experts, to provide technical assistance to eligible entities relating to the activities described in such paragraph, or other relevant activities, as determined by the Secretary.

Sec. 2123 Authorization of appropriations

(a)

In general— There is authorized to be appropriated to carry out this part $5,000,000 for each of fiscal years 2021 through 2025.

(b)

Administrative costs— Not more than 5 percent of the amount appropriated under subsection (a) for each fiscal year shall be used for administrative expenses.

B Dam Safety

Sec. 2201 Hydroelectric production incentives and efficiency improvements

(a)

Hydroelectric production incentives— Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended—

(1)

in subsection (b), by striking paragraph (1) and inserting the following:

“(1) Qualified hydroelectric facility—The term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-Federal entity—

“(A) that generates hydroelectric energy for sale; and

“(B)

“(i) that is added to an existing dam or conduit; or

“(ii)

“(I) that has a generating capacity of not more than 10 megawatts;

“(II) for which the non-Federal entity has received a construction authorization from the Federal Energy Regulatory Commission, if applicable; and

“(III) that is constructed in a region in which there is inadequate electric service, as determined by the Secretary.”

(2)

in subsection (c), by striking “10” and inserting “22”;

(3)

in subsection (e)(2), by striking “section 29(d)(2)(B)” and inserting “section 45K(d)(2)(B)”;

(4)

in subsection (f), by striking “20” and inserting “32”; and

(5)

in subsection (g), by striking “each of the fiscal years 2006 through 2015” and inserting “each of fiscal years 2019 through 2036”.

(b)

Hydroelectric efficiency improvement— Section 243(c) of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking “each of the fiscal years 2006 through 2015” and inserting “each of fiscal years 2019 through 2036”.

Sec. 2202 FERC briefing on Edenville Dam and Sanford Dam failures

Not later than 90 days after the date on which the Forensic Investigation Team submits to the Federal Energy Regulatory Commission the reports on the root causes, and any other contributing causes, of the Edenville Dam and Sanford Dam failures, the Federal Energy Regulatory Commission shall conduct a briefing for, and submit a report summarizing such briefing to, the Committee on Energy and Commerce of the House of Representatives that includes—

(1)

an explanation of the findings of the Forensic Investigation Team reports on the root causes, and any other contributing causes, of the Edenville Dam and Sanford Dam failures;

(2)

a determination of whether the dam safety procedures of the Federal Energy Regulatory Commission should be revised in light of the lessons learned from such reports;

(3)

a determination of whether additional safety inspections of dams should be required after large storms;

(4)

a determination of whether the safety requirements and testing protocols for dams adequately account for the projected effects of climate change and atmospheric rivers on dams; and

(5)

a determination of whether additional actions should be taken to ensure the safety of dams that operate without an emergency spillway.

Sec. 2203 Dam safety conditions

Section 10 of the Federal Power Act (16 U.S.C. 803) is amended by adding at the end the following:

“(k) That the dam and other project works meet the Commission’s dam safety requirements and that the licensee shall continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the license.”

Sec. 2204 Dam safety requirements

Section 15 of the Federal Power Act (16 U.S.C. 808) is amended by adding at the end the following:

“(g) The Commission may issue a new license under this section only if the Commission determines that the dam and other project works covered by the license meet the Commission’s dam safety requirements and that the licensee can continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the new license.”

Sec. 2205 Viability procedures

The Federal Energy Regulatory Commission shall establish procedures to assess the financial viability of an applicant for a license under the Federal Power Act to meet applicable dam safety requirements and to operate the dam and project works under the license.

Sec. 2206 FERC dam safety technical conference with States

(a)

Technical conference— Not later than April 1, 2021, the Federal Energy Regulatory Commission, acting through the Office of Energy Projects, shall hold a technical conference with the States to discuss and provide information on—

(1)

dam maintenance and repair;

(2)

Risk Informed Decision Making (RIDM);

(3)

climate and hydrological regional changes that may affect the structural integrity of dams; and

(4)

high hazard dams.

(b)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2021.

(c)

State defined— In this section, the term State has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

Sec. 2207 Required dam safety communications between FERC and States

(a)

In general— The Commission, acting through the Office of Energy Projects, shall notify a State within which a project is located when—

(1)

the Commission issues a finding, following a dam safety inspection, that requires the licensee for such project to take actions to repair the dam and other project works that are the subject of such finding;

(2)

after a period of 5 years starting on the date a finding under paragraph (1) is issued, the licensee has failed to take actions to repair the dam and other project works, as required by such finding; and

(3)

the Commission initiates a non-compliance proceeding or otherwise takes steps to revoke a license issued under section 4 of the Federal Power Act (16 U.S.C. 797) due to the failure of a licensee to take actions to repair a dam and other project works.

(b)

Notice upon revocation, surrender, or implied surrender of a license— If the Commission issues an order to revoke a license or approve the surrender or implied surrender of a license under the Federal Power Act (16 U.S.C. 792 et seq.), the Commission shall provide to the State within which the project that relates to such license is located—

(1)

all records pertaining to the structure and operation of the applicable dam and other project works, including, as applicable, any dam safety inspection reports by independent consultants, specifications for required repairs or maintenance of such dam and other project works that have not been completed, and estimates of the costs for such repairs or maintenance;

(2)

all records documenting the history of maintenance or repair work for the applicable dam and other project works;

(3)

information on the age of the dam and other project works and the hazard classification of the dam and other project works;

(4)

the most recent assessment of the condition of the dam and other project works by the Commission;

(5)

as applicable, the most recent hydrologic information used to determine the potential maximum flood for the dam and other project works; and

(6)

the results of the most recent risk assessment completed on the dam and other project works.

(c)

Definition— In this section:

(1)

Commission— The term Commission means the Federal Energy Regulatory Commission.

(2)

Licensee— The term licensee has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

(3)

Project— The term project has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

Sec. 2208 Klamath Hydroelectric Settlement Agreement Tribal fairness

(a)

Definitions— In this section:

(1)

Facility— The term facility means 1 or more of the following hydropower facilities (including appurtenant works licensed to PacifiCorp) within the jurisdictional boundary of the Klamath Hydroelectric Project, FERC Project No. 2082 (as applicable):

(A)

Iron Gate Dam.

(B)

Copco No. 1 Dam.

(C)

Copco No. 2 Dam.

(D)

J.C. Boyle Dam.

(2)

Commission— The term Commission means the Federal Energy Regulatory Commission.

(3)

Harmed Indian Tribes— The term harmed Indian Tribes means—

(A)

the Klamath Tribes; and

(B)

such other Indian Tribes that are located downstream of the Klamath Hydroelectric Project.

(4)

Indian Tribe— The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(5)

Licensee— The term licensee means the owner and licensee of the facility (as of the date of enactment of this Act).

(b)

In general— In light of the specific facts and circumstances of the Klamath Hydroelectric Settlement Agreement that anticipated dam removal to commence in 2020, and to mitigate the historic and ongoing damages caused by the facility to aquatic and Tribal trust resources, the Commission shall not issue any annual license for the facility under section 15(a)(1) of the Federal Power Act (16 U.S.C. 808(a)(1)) unless the Commission has provided harmed Indian Tribes and the States of California and Oregon the opportunity to recommend terms and conditions under section 4(e), section 10, and section 18 of the Federal Power Act (16 U.S.C. 797(e), 803, and 811), including any conditions providing for fishways or fish recovery.

(c)

Studies— Upon approval of an annual license pursuant to subsection (b), the Commission shall require the licensee to provide to the Commission the following:

(1)

A study describing the impacts of the facility during the previous year on instream flows, water use, water temperature, and water quality.

(2)

A study describing the impacts of the facility during the previous year on fish and wildlife resources, including river fisheries, reservoir fisheries, anadromous fish, and any marine species listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) including Southern Resident killer whales (Orcinus orca).

(3)

A study describing the impacts of the facility during the previous year on sediment transport.

(4)

A study forecasting the impacts of climate change to power generation at the facility.

(5)

A certification from the California Department of Water Resources, Division of Safety of Dams, following one or more comprehensive studies of the stability and safety of the facility that are funded by the licensee, that each element of the facility meets all current Federal and State seismic, stability, and safety standards and that there will be no significant risk of dam failure during the term of the license.

(6)

A report, to be made publicly available by the Commission, on the financial status of the facility, including—

(A)

an analysis comparing the cost of power generated at the facility to revenue attributable to the facility during the preceding year;

(B)

a projection of the cost of power generated at the facility and the revenue attributable to the facility during the 5-year period beginning on the date of the license;

(C)

an explanation of whether the financial terms of the Klamath Hydroelectric Settlement Agreement, as amended, have been met; and

(D)

a detailed description of the annual costs associated with the facility that are passed through to the ratepayers of the licensee.

(d)

Exception— The requirements of this section shall not apply to any entity filing a surrender application as specified in the Commission’s order relating to the facility dated July 16, 2020 (172 FERC 61,062).

(e)

Legal claims— Nothing in this section shall be construed to adversely affect any legal claims of harmed Indian Tribes, including claims for violations of any Executive Order pertaining to one or more Indian Tribes, any treaty between the United States and one or more Indian Tribes, or for damages caused by the facility under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). Such claims shall not be limited by any statute of limitations.

C Distributed Renewable Energy

Sec. 2301 Definitions

In this subtitle:

(1)

Authority having jurisdiction— The term authority having jurisdiction means any State, county, local, or Tribal office or official with jurisdiction—

(A)

to issue permits;

(B)

to conduct inspections to enforce the requirements of a relevant code or standard; or

(C)

to approve the installation of, or the equipment and materials used in the installation of, qualifying distributed energy systems.

(2)

Distributed energy system installer— The term distributed energy system installer means an entity or individual—

(A)

with knowledge and skills relating to—

(i)

the construction and operation of the equipment used in qualifying distributed energy systems; and

(ii)

the installation of qualifying distributed energy systems; and

(B)

that has employed safety training to recognize and avoid the hazards involved in constructing, operating, and installing qualifying distributed energy systems.

(3)

Qualifying distributed energy system— The term qualifying distributed energy system means any equipment or materials installed in, on, or near a residential, commercial, or industrial building to support onsite or local energy use, including—

(A)

to generate electricity from distributed renewable energy sources, including from—

(i)

solar photovoltaic modules or similar solar energy technologies;

(ii)

wind power systems; and

(iii)

hydrogen electrolysis and fuel cell systems;

(B)

to store and discharge electricity from batteries with a capacity of at least 2 kilowatt hours;

(C)

to charge a plug-in electric drive vehicle at a power rate of at least 2 kilowatts;

(D)

to refuel a fuel cell electric vehicle; or

(E)

to generate electricity from fuel cell systems with a capacity of at least 2 kilowatt hours.

(4)

Secretary— The term Secretary means the Secretary of Energy.

Sec. 2302 Establishment of program to facilitate voluntary streamlined process for local permitting of qualifying distributed energy systems

(a)

In general— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with trade associations and other entities representing distributed energy system installers and organizations representing State, local, and Tribal governments engaged in permitting, shall establish and carry out a program to establish a voluntary streamlined permitting process for local permitting and inspection of qualifying distributed energy systems, in concert with relevant national consensus-based codes and specifications and standards referenced therein.

(b)

Activities of the program— In carrying out the program established under subsection (a), the Secretary shall—

(1)

facilitate the development and maintenance of a streamlined permitting process that includes a national online permitting platform for expediting, standardizing, and streamlining permitting, that authorities having jurisdiction may use to receive, review, and approve permit applications relating to qualifying distributed energy systems;

(2)

establish a model expedited permit-to-build protocol for qualifying distributed energy systems;

(3)

provide technical assistance to authorities having jurisdiction on using and adopting—

(A)

the streamlined permitting process described in paragraph (1); and

(B)

the model expedited permit-to-build protocol described in paragraph (2);

(4)

develop and maintain a voluntary national inspection protocol integrated with the national online permitting system described in paragraphs (1) and (2) and related tools to expedite, standardize, and streamline the inspection of qualifying distributed energy systems, including—

(A)

by investigating the potential for using remote inspections; and

(B)

by investigating the potential for sample-based inspection for distributed energy system installers with a demonstrated track record of high-quality work; and

(5)

take any other action to expedite, standardize, streamline, or improve the process for permitting, inspecting, or interconnecting qualifying distributed energy systems.

(c)

Support services— The Secretary shall—

(1)

provide technical assistance to authorities having jurisdiction, any administrator of a national online permitting platform, government software providers, and any other entity determined appropriate by the Secretary in carrying out the activities described in subsection (b); and

(2)

provide such financial assistance as the Secretary determines appropriate from any funds appropriated to carry out this subtitle.

Sec. 2303 Distributed energy opportunity communities

(a)

In general— The Secretary shall recognize and certify certain communities as “Distributed Energy Opportunity Communities”.

(b)

Qualifications— The Secretary may certify a State, local community, or Tribe as a “Distributed Energy Opportunity Community” if that State, local community, or Tribe has adopted and implemented the model expedited permit-to-build protocol established under the program established under section 2302.

(c)

Process— The Secretary may confer a certification under subsection (a) through existing programs of the Department of Energy.

(d)

Grants— The Secretary may award competitive grants, using funds appropriated to the Secretary to carry out this subtitle, to encourage communities to adopt the model expedited permit-to-build protocol and the standardized inspection process established under the program established under section 2302.

Sec. 2304 Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this subtitle $20,000,000 for each of fiscal years 2021 through 2025.

D Low-Income solar

Sec. 2401 Grant program for solar installations located in, or that serve, low-income and underserved areas

(a)

Definitions— In this section:

(1)

Beneficiary— The term beneficiary means a low-income household or a low-income household in an underserved area.

(2)

Community solar facility— The term community solar facility means a solar generating facility that—

(A)

through a voluntary program, has multiple subscribers that receive financial benefits that are directly attributable to the facility;

(B)

has a nameplate rating of 5 megawatts AC or less; and

(C)

is located in the utility distribution service territory of subscribers.

(3)

Community solar subscription— The term community solar subscription means a share in the capacity, or a proportional interest in the electricity generation, of a community solar facility.

(4)

Covered facility— The term covered facility means—

(A)

a community solar facility—

(i)

that is located in an underserved area; or

(ii)

at least 50 percent of the capacity of which is reserved for low-income households;

(B)

a solar generating facility located at a residence of a low-income household; or

(C)

a solar generating facility located at a multi-family affordable housing complex.

(5)

Covered State— The term covered State means a State with processes in place to ensure that covered facilities deliver financial benefits to low-income households.

(6)

Eligible entity— The term eligible entity means—

(A)

a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes;

(B)

a developer, owner, or operator of a community solar facility that reserves a portion of the capacity of the facility for subscribers who are members of low-income households or for low-income households that otherwise financially benefit from the facility;

(C)

a covered State, or political subdivision thereof;

(D)

an Indian Tribe or a tribally owned electric utility;

(E)

a Native Hawaiian community-based organization;

(F)

any other national or regional entity that has experience developing or installing solar generating facilities for low-income households that maximize financial benefits to those households; and

(G)

an electric cooperative or municipal electric utility (as such terms are defined in section 3 of the Federal Power Act).

(7)

Eligible installation project— The term eligible installation project means a project to install a covered facility in a covered State.

(8)

Eligible planning project— The term eligible planning project means a project to carry out pre-installation activities for the development of a covered facility in a covered State.

(9)

Eligible project— The term eligible project means—

(A)

an eligible planning project; or

(B)

an eligible installation project.

(10)

Feasibility study— The term feasibility study means any activity to determine the feasibility of a specific solar generating facility, including a customer interest assessment and a siting assessment, as determined by the Secretary.

(11)

Indian Tribe— The term Indian Tribe means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village, Regional Corporation, or Village Corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(12)

Interconnection service— The term interconnection service has the meaning given such term in section 111(d)(15) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(15)).

(13)

Low-income household— The term low-income household means that income in relation to family size which—

(A)

is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary determines that such a higher level is necessary to carry out the purposes of this section;

(B)

is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act (42 U.S.C. 601 et seq., 1381 et seq.) or applicable State or local law; or

(C)

if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), provided that such basis is at least 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.

(14)

Multi-family affordable housing complex— The term multi-family affordable housing complex means any federally subsidized affordable housing complex in which at least 50 percent of the units are reserved for low-income households.

(15)

Native Hawaiian community-based organization— The term Native Hawaiian community-based organization means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.

(16)

Program— The term program means the program established under subsection (b).

(17)

Secretary— The term Secretary means the Secretary of Energy.

(18)

Solar generating facility— The term solar generating facility means—

(A)

a generator that creates electricity from light photons; and

(B)

the accompanying hardware enabling that electricity to flow—

(i)

onto the electric grid;

(ii)

into a facility or structure; or

(iii)

into an energy storage device.

(19)

State— The term State means each of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, and American Samoa.

(20)

Subscriber— The term subscriber means a person who—

(A)

owns a community solar subscription, or an equivalent unit or share of the capacity or generation of a community solar facility; or

(B)

financially benefits from a community solar facility, even if the person does not own a community solar subscription for the facility.

(21)

Underserved area— The term underserved area means—

(A)

a geographical area with low or no photovoltaic solar deployment, as determined by the Secretary;

(B)

a geographical area that has low or no access to electricity, as determined by the Secretary;

(C)

a geographical area with an average annual residential retail electricity price that exceeds the national average annual residential retail electricity price (as reported by the Energy Information Agency) by 50 percent or more; or

(D)

trust land, as defined in section 3765 of title 38, United States Code.

(b)

Establishment— The Secretary shall establish a program to provide financial assistance to eligible entities to—

(1)

carry out planning projects that are necessary to establish the feasibility, obtain required permits, identify beneficiaries, or secure subscribers to install a covered facility; or

(2)

install a covered facility for beneficiaries in accordance with this section.

(c)

Applications—

(1)

In general— To be eligible to receive assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(2)

Inclusion for installation assistance—

(A)

Requirements— For an eligible entity to receive assistance for a project to install a covered facility, the Secretary shall require the eligible entity to include—

(i)

information in the application that is sufficient to demonstrate that the eligible entity has obtained, or has the capacity to obtain, necessary permits, subscribers, access to an installation site, and any other items or agreements necessary to comply with an agreement under subsection (g)(1) and to complete the installation of the applicable covered facility;

(ii)

a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers; and

(iii)

an estimate of the anticipated financial benefit for beneficiaries or subscribers.

(B)

Consideration of planning projects— The Secretary shall consider the successful completion of an eligible planning project pursuant to subsection (b)(1) by the eligible entity to be sufficient to demonstrate the ability of the eligible entity to meet the requirements of subparagraph (A)(i).

(d)

Selection—

(1)

In general— In selecting eligible projects to receive assistance under the program, the Secretary shall—

(A)

prioritize—

(i)

eligible installation projects that will result in the most financial benefit for subscribers, as determined by the Secretary;

(ii)

eligible installation projects that will result in development of covered facilities in underserved areas; and

(iii)

eligible projects that include apprenticeship, job training, or community participation as part of their application; and

(B)

ensure that such assistance is provided in a manner that results in eligible projects being carried out on a geographically diverse basis within and among covered States.

(2)

Determination of financial benefit— In determining the amount of financial benefit for low-income households of an eligible installation project, the Secretary shall ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the applicable covered facility and use formulas established by the State or local government with jurisdiction over the applicable covered facility for verifiable household energy savings estimates that accrue to low-income households.

(e)

Assistance—

(1)

Form— The Secretary may provide assistance under the program in the form of a grant (which may be in the form of a rebate) or a low-interest loan.

(2)

Multiple projects for same facility—

(A)

In general— An eligible entity may apply for assistance under the program for an eligible planning project and an eligible installation project for the same covered facility.

(B)

Separate selections— Selection by the Secretary for assistance under the program of an eligible planning project does not require the Secretary to select for assistance under the program an eligible installation project for the same covered facility.

(f)

Use of assistance—

(1)

Eligible planning projects— An eligible entity receiving assistance for an eligible planning project under the program may use such assistance to pay the costs of pre-installation activities associated with an applicable covered facility, including—

(A)

feasibility studies;

(B)

permitting;

(C)

site assessment;

(D)

on-site job training, or other community-based activities directly associated with the eligible planning project; or

(E)

such other costs determined by the Secretary to be appropriate.

(2)

Eligible installation projects— An eligible entity receiving assistance for an eligible installation project under the program may use such assistance to pay the costs of—

(A)

installation of a covered facility, including costs associated with materials, permitting, labor, or site preparation;

(B)

storage technology sited at a covered facility;

(C)

interconnection service expenses;

(D)

on-site job training, or other community-based activities directly associated with the eligible installation project;

(E)

offsetting the cost of a subscription for a covered facility described in subparagraph (A) of subsection (a)(4) for subscribers that are members of a low income household; or

(F)

such other costs determined by the Secretary to be appropriate.

(g)

Administration—

(1)

Agreements—

(A)

In general— As a condition of receiving assistance under the program, an eligible entity shall enter into an agreement with the Secretary.

(B)

Requirements— An agreement entered into under this paragraph—

(i)

shall require the eligible entity to maintain such records and adopt such administrative practices as the Secretary may require to ensure compliance with the requirements of this section and the agreement;

(ii)

with respect to an eligible installation project shall require that any solar generating facility installed using assistance provided pursuant to the agreement comply with local building and safety codes and standards; and

(iii)

shall contain such other terms as the Secretary may require to ensure compliance with the requirements of this section.

(C)

Term— An agreement under this paragraph shall be for a term that begins on the date on which the agreement is entered into and ends on the date that is 2 years after the date on which the eligible entity receives assistance pursuant to the agreement, which term may be extended once for a period of not more than 1 year if the eligible entity demonstrates to the satisfaction of the Secretary that such an extension is necessary to complete the activities required by the agreement.

(2)

Use of funds— Of the funds made available to provide assistance to eligible installation projects under this section over the period of fiscal years 2021 through 2025, the Secretary shall use—

(A)

not less than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 50 percent of the subscribers to the project; and

(B)

not more than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 25 percent of the subscribers to the project.

(3)

Regulations— Not later than 120 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register regulations to carry out this section, which shall take effect on the date of publication.

(h)

Authorization of appropriations—

(1)

In general— There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.

(2)

Amounts for planning projects— Of the amounts appropriated pursuant to this section over the period of fiscal years 2021 through 2025, the Secretary shall use not more than 15 percent of funds to provide assistance to eligible planning projects.

(i)

Relationship to other assistance— The Secretary shall, to the extent practicable, encourage eligible entities that receive assistance under this section to leverage such funds by seeking additional funding through federally or locally subsidized weatherization and energy efficiency programs.

Sec. 2402 Establishment of community solar programs

(a)

In general— Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:

“(21) Community solar programs—Each electric utility shall offer a community solar program that provides all ratepayers, including low-income ratepayers, equitable and demonstrable access to such community solar program. For the purposes of this paragraph, the term community solar program means a service provided to any electric consumer that the electric utility serves through which the value of electricity generated by a community solar facility may be used to offset charges billed to the electric consumer by the electric utility. A “community solar facility” is—

“(A) a solar photovoltaic system that allocates electricity to multiple electric consumers of an electric utility;

“(B) connected to a local distribution of the electric utility;

“(C) located either on or off the property of the electric consumers; and

“(D) may be owned by an electric utility, an electric consumer, or a third party.”

(b)

Compliance—

(1)

Time limitations— Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following:

“(8)

“(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (21) of section 111(d).

“(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (21) of section 111(d).”

(2)

Failure to comply—

(A)

In general— Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended—

(i)

by striking “such paragraph (14)” and all that follows through “paragraphs (16)” and inserting “such paragraph (14). In the case of the standard established by paragraph (15) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (15). In the case of the standards established by paragraphs (16)”; and

(ii)

by adding at the end the following: “In the case of the standard established by paragraph (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (21).”.

(B)

Technical correction—

(i)

In general— Section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) is amended—

(I)

by striking paragraph (2); and

(II)

by redesignating paragraph (3) as paragraph (2).

(ii)

Treatment— The amendment made by paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if those amendments had not been enacted.

(3)

Prior State actions—

(A)

In general— Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following:

“(h) Prior State actions—Subsections (b) and (c) shall not apply to the standard established by paragraph (21) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—

“(1) the State has implemented for the electric utility the standard (or a comparable standard);

“(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or

“(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.”

(B)

Cross-reference— Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: “In the case of the standard established by paragraph (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (21).”.

E Research and Development

1 Solar Energy Research and Development

Sec. 2501 Definitions

In this part:

(1)

The term eligible entity means any of the following entities:

(A)

An institution of higher education.

(B)

A National Laboratory.

(C)

A Federal research agency.

(D)

A State research agency.

(E)

A nonprofit research organization.

(F)

An industrial entity or a multi-institutional consortium thereof.

(2)

The term “institution of higher education”—

(A)

has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

(B)

includes a minority-serving institution.

(3)

The term “minority-serving institution” has the meaning given the term “eligible institution” in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(4)

The term National Laboratory has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)).

(5)

The term photovoltaic device includes photovoltaic cells and the electronic and electrical components of such devices.

(6)

The term Secretary means the Secretary of Energy.

Sec. 2502 Solar energy research and development

(a)

In general— The Secretary shall carry out a solar energy program to conduct research, development, demonstration, and commercial application of solar energy technologies. In carrying out such program, the Secretary shall, in accordance with subsection (b), award grants and enter into contracts and cooperative agreements under this section, and sections 2503, 2504, and 2505 for each of the following purposes:

(1)

To improve the energy efficiency, siting, reliability, resilience, security, capacity, and environmental performance of solar energy generation.

(2)

To optimize the design and adaptability of solar energy systems to the broadest practical range of geographic and atmospheric conditions.

(3)

To reduce the cost of manufacturing, installation, operation, maintenance, and decommissioning of solar energy systems.

(4)

To create and improve conversion of solar energy to useful forms.

(b)

Grants, contracts, and cooperative agreements—

(1)

Grants— In carrying out the program established under subsection (a), the Secretary shall award grants on a competitive, merit-reviewed basis to eligible entities for projects that the Secretary determines would best achieve the goals of the program.

(2)

Contracts and cooperative agreements— In carrying out the program established under subsection (a), the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purposes of the program.

(3)

Application— An entity seeking a grant or a contract or agreement under this part shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(4)

Special consideration— With respect to applications under paragraph (3), the Secretary shall give special consideration to applications from minority-serving institutions or a multi-institutional consortium which includes a minority-serving institution.

(c)

Solar energy research subject areas— The program established under subsection (a) shall focus on the research, development, demonstration, and commercial application of each of the following subject areas:

(1)

Photovoltaic devices and related electronic components, including converters, sensors, energy monitors, communication and control equipment, and protocols.

(2)

Concentrated solar power, including solar thermal and concentrating solar photovoltaic technologies.

(3)

Low cost, high-quality solar energy systems.

(4)

Low cost, thin-film solar technologies, including the use of perovskite and cadmium telluride materials in solar cells.

(5)

Solar heating and cooling systems, including distributed solar-powered air conditioning.

(6)

Solar technology products that can be easily integrated into new buildings, existing buildings, agricultural and aquatic environments, and other infrastructure.

(7)

Solar technology that is resilient to extreme weather events.

(8)

Solar technology products integrated into transportation applications in coordination with vehicle technologies research and development activities supported by the Department of Energy.

(9)

Storage technologies to address the transience and intermittency of solar energy resources, including batteries, supercapacitors, and thermal storage.

(10)

Microgrids using solar technology.

(11)

Solar technologies enabling safe grid operating conditions, such as fast-disconnect during an emergency.

(12)

Distributed solar energy technologies, such as rooftop solar panels.

(13)

Technologies and designs that enable a broad range of scales for solar power production.

(14)

Advanced solar manufacturing technologies and best practices, including—

(A)

materials and processes;

(B)

development of industry standards;

(C)

design and integration practices; and

(D)

optimized packaging methods and new device designs.

(15)

Advanced analytic and computing capabilities for better modeling and simulations of solar energy systems.

(16)

Electrical grid integration, including—

(A)

integration of solar technologies into smart grid, transmission, and distribution;

(B)

coordination of solar with other distributed and large-scale energy resources;

(C)

electrical power smoothing;

(D)

microgrid integration;

(E)

community solar;

(F)

solar resource forecasting;

(G)

regional and national electric system balancing and long distance transmission options, including direct current and superconducting transmission and long-term storage options;

(H)

ways to address system operations over minutes, hours, days, weeks, and seasons with respect to the full range of project scales; and

(I)

electric grid security, including cyber and physical security.

(17)

Non-hardware and information-based advances in solar energy system siting, design, installation, operation, maintenance, and decommissioning.

(18)

Solar energy technology as a part of strategies commonly referred to as “behind-the-meter strategies”, including with respect to electricity generation, load, energy efficiency, controls, storage, and electric vehicles.

(19)

Methods to reduce the total volume of water used in the manufacture, construction, operation, and maintenance of solar energy technologies.

(20)

Siting of solar energy on previously disturbed lands, including landfills, former mines, and other areas requiring environmental management.

(21)

Durable, low-cost solar-powered sensors, equipment, and machinery for off-grid use, with special consideration for agricultural applications, such as solar powered smart agricultural monitoring and irrigation systems.

(22)

Other subject areas determined by the Secretary.

(d)

Technical assistance and workforce development— In carrying out the program established under subsection (a), the Secretary shall also conduct, for purposes of supporting technical, non-hardware, and information-based advances in solar energy systems development and operations, including activities expanding access to solar energy for low-income and disadvantaged individuals and communities—

(1)

technical assistance and analysis activities with eligible entities; and

(2)

workforce development and training activities, including—

(A)

activities that support the dissemination of standards and best practices for enabling solar power production; and

(B)

through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy.

(e)

Program targets— The program established under subsection (a) shall address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of solar energy systems.

(f)

Sustainable chemistry— Each entity receiving a grant, contract, or cooperative agreement under this section shall endeavor, in carrying out activities under such grant, contract, or cooperative agreement, to incorporate, where appropriate, sustainable and green chemistry and engineering principles, practices, and methodologies.

(g)

Wildlife impact mitigation— In carrying out the program established under subsection (a), the Secretary shall support wildlife impact mitigation technologies and strategies, including the use of distributed solar technologies, to avoid, minimize, and offset the potential negative impacts of solar energy systems on wildlife, including bird species, habitat, and local flora and fauna.

(h)

Stewardship of National Laboratory resources— In awarding grants and entering into contracts and cooperative agreements under this part, the Secretary shall steward relevant capabilities and programs of the National Laboratories.

(i)

Conforming repeals— The following provisions of law are hereby repealed:

(1)

The Solar Energy Research, Development, and Demonstration Act of 1974 (42 U.S.C. 5551 et seq.), except for section 10.

(2)

The Solar Photovoltaic Energy Research, Development, and Demonstration Act of 1978 (42 U.S.C. 5581 et seq.).

(3)

Paragraphs (2) and (3) of section 4(a) of the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12003(a)).

(4)

Subparagraph (A) of section 931(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)).

(5)

Sections 606 and 607 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17174 and 17175).

(j)

Conforming amendment— The table of contents in section 1 of the Energy Independence and Security Act of 2007 is amended by striking the items relating to sections 606 and 607.

Sec. 2503 Solar energy demonstration projects

(a)

In General— In carrying out the program established under section 2502(a), the Secretary shall award grants on a competitive, merit-reviewed basis to eligible entities for demonstration projects to advance the development of solar energy technologies and systems production.

(b)

Priority— In awarding grants under subsection (a), the Secretary shall give priority to projects that—

(1)

are located in geographically diverse regions of the United States;

(2)

can be replicated in a variety of regions and climates;

(3)

demonstrate technologies that address intermittency, variability, storage challenges, behind-the-meter operations, and independent operational capability;

(4)

coordinate solar technologies with other distributed and large-scale energy resources;

(5)

facilitate identification of optimum approaches among competing solar energy technologies;

(6)

include business commercialization plans that have the potential for production of solar energy equipment at high volumes;

(7)

support the development of advanced manufacturing technologies that have the potential to improve United States competitiveness in the international solar energy manufacturing sector;

(8)

provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies, for consumers;

(9)

increase disclosure and transparency of information to all market participants to help in making optimal decisions;

(10)

promote overall electric infrastructure reliability, security, and resilience should grid functions be disrupted or damaged;

(11)

promote solar energy in low-income communities and those disproportionately burdened by environmental pollution; and

(12)

satisfy any other criteria that the Secretary determines appropriate.

(c)

Use of funds— Grants under this section may be used, to the extent that funding is not otherwise available through other Federal programs or power purchase agreements, for—

(1)

any necessary site engineering study;

(2)

an economic assessment of site-specific conditions;

(3)

appropriate feasibility studies to determine whether the demonstration can be replicated;

(4)

installation of equipment, service, and support;

(5)

operation for at least the minimum amount of time required to fully assess the project’s results and objectives, as determined by a peer-reviewed process; and

(6)

validation of technical, economic, and environmental assumptions and documentation of lessons learned.

(d)

Solicitation— Not later than 90 days after the date of enactment of this Act and biennially thereafter, the Secretary shall conduct a national solicitation for applications for grants under this section.

Sec. 2504 Next generation solar energy manufacturing initiative

(a)

In General— In carrying out the program established under section 2502(a), the Secretary shall conduct research, development, demonstration, and commercial application projects, in accordance with section 2502(b), to advance new solar energy manufacturing technologies and techniques, including those that manufacture solar cells, hardware, and enabling devices.

(b)

Strategic vision report—

(1)

In general— Not later than September 1, 2021, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and any other committees of Congress deemed appropriate by the Secretary a report on the results of a study that examines the viable market opportunities available for solar energy technology manufacturing in the United States, including solar cells, hardware, and enabling technologies.

(2)

Report requirements— The report under paragraph (1) shall include—

(A)

a description of—

(i)

the ability to competitively manufacture solar technology in the United States, including the manufacture of—

(I)

new and advanced materials, such as cells made with new, cost-effective, high efficiency materials;

(II)

solar module equipment and enabling technologies, including smart inverters, sensors, and tracking equipment;

(III)

innovative solar module designs and applications, including those that can directly integrate with new and existing buildings and other infrastructure; and

(IV)

other research areas as determined by the Secretary; and

(ii)

opportunities and barriers within the United States and international solar energy technology supply chains;

(B)

policy recommendations for enhancing solar energy technology manufacturing in the United States; and

(C)

an aggressive 10-year target and plan, beginning in 2022, to enhance the competitiveness of solar energy technology manufacturing in the United States.

(c)

Program implementation— In carrying out the research, development, demonstration, and commercial application activities under this section, to the extent practicable, the Secretary shall follow the recommendations included in the report under subsection (b) and award grants and enter into contracts and cooperative agreements for solar energy manufacturing projects that—

(1)

reduce capital expenditures or provide lower-cost manufacturing options;

(2)

eliminate manufacturing process steps;

(3)

reduce energy, water, and material inputs;

(4)

establish alternative supply chains for materials and components; and

(5)

take advantage of rapid prototyping, small batch manufacturing, and roll-to-roll processing.

(d)

Program evaluation— Beginning not later than 3 years after the completion of the report under subsection (b), and every 4 years thereafter, the Secretary shall provide, and make available to the public and the relevant authorizing and appropriations committees of Congress, an independent review of the program authorized under this section to evaluate its progress toward meeting the policy recommendations and targets determined in the report.

Sec. 2505 Photovoltaic device recycling research and development

(a)

In general— In carrying out the program established under section 2502(a), the Secretary shall conduct research, development, demonstration, and commercial application projects, in accordance with section 2502(b), to advance innovative and practical approaches to increase reuse and recycling of photovoltaic devices.

(b)

Purpose— The Secretary shall award grants and enter into contracts and cooperative agreements under subsection (a) for projects that address—

(1)

technology to increase the efficiency of photovoltaic device recycling and maximize the recovery of valuable raw materials for use in new products while minimizing the life-cycle environmental impacts such as greenhouse gas emissions and water usage;

(2)

expanded uses for materials from recycled photovoltaic devices;

(3)

development and demonstration of environmentally responsible alternatives to the use of hazardous materials in photovoltaic devices and the production of such devices;

(4)

development of methods to separate and remove hazardous materials from photovoltaic devices and to recycle or dispose of those materials in a safe and low-cost manner;

(5)

product design and construction to facilitate disassembly and recycling of photovoltaic devices;

(6)

tools and methods to aid in assessing the environmental impacts of the production of photovoltaic devices and photovoltaic device recycling and disposal;

(7)

product design and construction and other tools and techniques to extend the life cycle of photovoltaic devices, including methods to promote their safe reuse; and

(8)

strategies to increase consumer acceptance and practice of recycling of photovoltaic devices.

(c)

Applications— An eligible entity seeking a grant, contract, or cooperative agreement under this section shall submit to the Secretary an application that includes a description of—

(1)

the project that will be undertaken and the contributions of each participating entity; and

(2)

the applicability of the project to increasing reuse and recycling of photovoltaic devices with the least environmental impacts as measured by life-cycle analyses, and the potential for incorporating the research results into industry practice.

(d)

Dissemination of results— The Secretary shall publish the results of projects supported under this section through—

(1)

development of best practices or training materials for use in the photovoltaics manufacturing, design, installation, refurbishing, disposal, or recycling industries;

(2)

dissemination at industry conferences;

(3)

coordination with information dissemination programs relating to recycling of electronic devices in general;

(4)

demonstration projects; and

(5)

educational materials for the public produced in conjunction with State, Tribal, and local governments or nonprofit organizations on the problems and solutions related to reuse and recycling of photovoltaic devices.

(e)

Photovoltaic materials physical property database—

(1)

In general— Not later than September 1, 2022, the Secretary shall establish a comprehensive physical property database of materials for use in photovoltaic devices. Such database shall include—

(A)

identification of materials used in photovoltaic devices;

(B)

a list of commercially available amounts of these materials and their country of origin;

(C)

amounts of these materials projected to be available through mining or recycling of photovoltaic and other electronic devices; and

(D)

a list of other significant uses for each of these materials.

(2)

Priorities— Not later than September 1, 2021, the Secretary, working with private industry, shall develop a plan to establish priorities and requirements for the database under this subsection, including the protection of proprietary information, trade secrets, and other confidential business information.

(3)

Coordination— The Secretary shall coordinate with the Director of the National Institute of Standards and Technology, the Administrator of the Environmental Protection Agency, and the Administrator of the Department of Interior to facilitate the incorporation of the database under this subsection with any existing database for materials involved in electronic manufacturing and recycling.

Sec. 2506 Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this part—

(1)

$441,000,000 for fiscal year 2021;

(2)

$463,050,000 for fiscal year 2022;

(3)

$486,202,500 for fiscal year 2023;

(4)

$510,512,625 for fiscal year 2024; and

(5)

$536,038,257 for fiscal year 2025.

2 Wind Energy Research and Development

Sec. 2521 Definitions

In this section:

(1)

The term eligible entity means any of the following entities:

(A)

An institution of higher education.

(B)

A National Laboratory.

(C)

A Federal research agency.

(D)

A State research agency.

(E)

A nonprofit research organization.

(F)

An industrial entity or a multi-institutional consortium thereof.

(2)

The term “energy critical material” means any of a class of non-fuel materials that have a high risk of a supply disruption and are critical to one or more existing or new, energy-related technologies such that a substantial supply disruption of such material would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy.

(3)

The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(4)

The term National Laboratory has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)).

(5)

The term supersized turbine means a 12 megawatt or greater wind turbine, typically with a tower height greater than 140 meters and blades greater than 75 meters.

Sec. 2522 Wind energy research and development

(a)

In general— The Secretary of Energy (in this part, referred to as the “Secretary”) shall carry out a program to conduct research, development, demonstration, and commercial application of wind energy technologies. In carrying out such program and in accordance with subsection (b), the Secretary shall award grants and enter into contracts and cooperative agreements under this section and sections 2523, 2524, and 2525 for each of the following purposes:

(1)

To improve the energy efficiency, reliability, resilience, security, and capacity of wind energy generation.

(2)

To optimize the design and control of wind energy systems for the broadest practical range of geographic and atmospheric conditions.

(3)

To reduce the cost and risk of siting, permitting, construction, operation, maintenance, and decommissioning of wind energy systems, including strategies and technologies to reduce environmental and community impacts, including research and development that reduces impacts on existing ocean uses and increases coordination between offshore wind and existing users, including the commercial fishing industry, improve grid integration, and reduce regulatory barriers.

(4)

To improve materials, engineering, and manufacturing processes for turbines, including supersized turbines.

(5)

To optimize wind plant performance and integration within hybrid energy systems to enhance cost efficiency and electric grid stability and resilience.

(b)

Grants, contracts, and cooperative agreements—

(1)

Grants— In carrying out the program, the Secretary shall award grants on a competitive, merit-reviewed basis to eligible entities for projects that the Secretary determines would best achieve the goals of the program.

(2)

Contracts and cooperative agreements— In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purposes of the program.

(3)

Application— An entity seeking funding or a contract or agreement under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(c)

Wind energy research subject areas— The program established under subsection (a) shall focus on the research, development, demonstration, and commercial application of each of the following subject areas:

(1)

Wind power plant siting, performance, and operations including—

(A)

wind flows and turbine-to-turbine interactions;

(B)

energy conversion potential;

(C)

turbine and wind plant control paradigms;

(D)

turbine and wind plant security;

(E)

turbine components;

(F)

integrated hybrid plant systems;

(G)

wind energy siting and its effects on wildlife and habitat; and

(H)

siting of wind energy on previously disturbed lands, including landfills, former mines, and other areas requiring environmental management.

(2)

New materials and designs related to blades, rotors, towers and drivetrains including—

(A)

higher tip speed rotor designs;

(B)

low noise rotor designs;

(C)

advanced drivetrain and generator concepts;

(D)

modular construction and onsite or near-site manufacturing and assembly techniques;

(E)

sustainable and recyclable materials and manufacturing systems;

(F)

supersized turbine design and installation approaches;

(G)

lightweight materials; and

(H)

materials and designs that reduce the need for and use of energy critical materials.

(3)

Offshore wind-specific projects including—

(A)

fixed and floating substructure concepts, including technologies and strategies to minimize potential acoustic disturbances to marine species;

(B)

projects to assess and mitigate the impacts of hurricane wind flow, freshwater ice, and other United States-specific conditions;

(C)

innovative operations and maintenance strategies;

(D)

analysis of offshore meteorological, geological, biological, and oceanographic data collection;

(E)

offshore infrastructure monitoring; and

(F)

analysis of corrosion and fatigue for the purpose of extending the design life of offshore wind turbine substructures.

(4)

Recycling and reuse of wind energy components, with special consideration for the recovery and reuse of energy critical materials, in coordination with the program under title X of the Clean Economy Jobs and Innovation Act.

(5)

Wind power forecasting and atmospheric measurement systems, including for turbines and plant systems of varying height.

(6)

Distributed wind-specific projects, including—

(A)

cost-effective turbine designs, components, and manufacturing; and

(B)

microgrid applications.

(7)

Advanced transportation mechanisms for wind turbine components.

(8)

Transformational technologies for harnessing wind energy, including airborne wind energy concepts.

(9)

Methods to extend the operational lifetime of onshore and offshore wind turbines and systems.

(10)

Storage technologies to address the transience and intermittency of wind energy resources.

(11)

Modeling and simulation tools to more efficiently design, site, permit, manufacture, construct, operate, maintain, and decommission wind energy systems.

(12)

Other research areas as determined by the Secretary.

(d)

Report—

(1)

In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the potential for, and technical viability of, airborne wind energy systems to provide a significant source of energy in the United States.

(2)

Contents— The report under paragraph (1) shall include a summary of research, development, demonstration, and commercial application needs, including an estimate of Federal funding requirements, to further examine and validate the technical and economic viability of airborne wind energy concepts over the 10-year period beginning on the date of the enactment of this Act.

(e)

Coordination— To the maximum extent practicable, the Secretary shall coordinate activities under the program established under subsection (a) with other relevant programs and capabilities of the Department of Energy and other Federal research programs.

(f)

Conforming repeals—

(1)

Section 931(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)) is amended by striking subparagraph (B) and redesignating subparagraphs (C) through (E) as subparagraphs (A) through (C).

(2)

Section 4(a) of the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12003(a)) is amended by striking paragraph (1).

Sec. 2523 Wind energy demonstration and validation projects

(a)

In general— In carrying out the program established under section 2522(a), the Secretary shall award grants on a competitive, merit-reviewed basis to eligible entities to support activities that demonstrate and validate new wind energy technologies with the potential to be cost-competitive for land-based, offshore, and distributed applications.

(b)

Application— An eligible entity seeking a grant under this section shall submit an application in such form and manner as the Secretary may prescribe and that contains—

(1)

a certification that any demonstration or validation project carried out using grant funds are—

(A)

conducted in collaboration with industry and, as appropriate, with institutions of higher education and other Federal research programs; and

(B)

of sufficient size and geographic diversity to measure wind energy system performance under the full productive range of wind conditions in the United States; and

(2)

such other information as the Secretary may require.

(c)

Facility for hybrid energy system research and demonstration projects— In carrying out the program established under subsection (a), the Secretary shall support a facility to conduct research, development, demonstration, and commercial application projects for wind turbines and plants in hybrid energy systems that incorporate diverse generation sources, loads, and storage technologies.

(d)

Offshore research facility— In carrying out the program established under subsection (a), the Secretary shall establish a facility to conduct research, development, demonstration, and commercial application projects for ocean and atmospheric resource characterization relevant to offshore wind energy development in coordination with the ocean and atmospheric science communities. The facility shall be an offshore area used to evaluate, test, and advance atmospheric, oceanic, biologic, and geologic monitoring technologies that improve offshore wind energy development, including the generation of benchmark data sets for testing offshore wind energy technologies and informing how such technologies can be financed, insured, and regulated.

(e)

Offshore support structure testing facility— In carrying out the program established under subsection (a), the Secretary shall create a facility to conduct research, development, demonstration, and commercial application projects for large-scale and full-scale offshore wind energy support structure components and systems.

Sec. 2524 Wind energy incubator funding

In carrying out the program established under section 2522(a), the Secretary shall support, in accordance with section 2522(b), incubators advancing innovative technologies that are not represented in a significant way in—

(1)

the portfolio of wind energy research activities carried out by the Department of Energy as of the date of the enactment of this Act; or

(2)

technology roadmaps used by the Department of Energy as of such date of enactment.

Sec. 2525 Mitigating regulatory and market barriers

(a)

In general— In carrying out the program established under section 2522(a), the Secretary shall research, develop, test, and evaluate, in accordance with section 2522(b), ways to reduce regulatory and market barriers to the widespread adoption of wind power, including—

(1)

grid transmission and integration challenges; and

(2)

siting and permitting issues associated with the potential impacts of wind power systems on wildlife, radar systems (including for air traffic control, air defense, and weather detection), local communities, military operations, and airspace.

(b)

Wildlife impact mitigation— In carrying out the activities described in subsection (a), the Secretary shall support the research, development, demonstration, and commercial application of wildlife impact mitigation technologies or strategies to avoid, minimize, and offset the potential impacts of wind energy facilities on—

(1)

bald and golden eagles;

(2)

bat species;

(3)

marine wildlife; and

(4)

other sensitive species and habitats.

(c)

Education and outreach— In carrying out the activities described in subsection (a), the Secretary shall support education and outreach activities, with a focus on low-income and disadvantaged communities, to disseminate information and promote public understanding of wind technologies and the wind energy workforce, including through the Collegiate Wind Competition.

(d)

Technical Assistance and Workforce Development— In carrying out the program established under section 2522(a), the Secretary shall also conduct, for purposes of supporting technical, non-hardware, and information based advances in wind energy systems' development and operation, including activities expanding access to wind energy for low-income individuals and disadvantaged individuals and communities—

(1)

technical assistance and analysis activities with eligible entities; and

(2)

workforce development and training activities, including—

(A)

activities that support the dissemination of standards and best practices for enabling wind power production; and

(B)

through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to wind energy.

Sec. 2526 Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this part—

(1)

$163,800,000 for fiscal year 2021;

(2)

$171,990,000 for fiscal year 2022;

(3)

$180,589,500 for fiscal year 2023;

(4)

$189,618,975 for fiscal year 2024; and

(5)

$199,099,923 for fiscal year 2025.

3 Advanced Geothermal Research and Development

Sec. 2541 Definitions

Section 612 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17191) is amended—

(1)

by amending paragraph (1) to read as follows:

“(1) Engineered—When referring to enhanced geothermal systems, the term engineered means designed to access subsurface heat, including stimulation and nonstimulation technologies to address one or more of the following issues:

“(A) Lack of effective permeability, porosity or open fracture connectivity within the heat reservoir.

“(B) Insufficient contained geofluid in the heat reservoir.

“(C) A low average geothermal gradient which necessitates deeper drilling, or the use of alternative heat sources or heat generation processes.”

(2)

by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively;

(3)

by adding after paragraph (1) the following:

“(2) Eligible entity—The term ‘eligible entity’ means any of the following entities:

“(A) An institution of higher education.

“(B) A National laboratory.

“(C) A Federal research agency.

“(D) A State research agency.

“(E) A nonprofit research organization.

“(F) An industrial entity.

“(G) A consortium of 2 or more entities described in subparagraphs (A) through (F).”

(4)

by adding at the end the following:

“(9) Institution of higher education—The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001).”

Sec. 2542 Hydrothermal research and development

Section 613 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17192) is amended to read as follows:

“613. Hydrothermal research and development

“(a) In general—The Secretary shall carry out a program of research, development, demonstration, and commercial application for geothermal energy production from hydrothermal systems.

“(b) Programs—The program authorized in subsection (a) shall include the following:

“(1) Advanced hydrothermal resource tools—The research and development of advanced geologic tools to assist in locating hydrothermal resources, and to increase the reliability of site characterization, including the development of new imaging and sensing technologies and techniques to assist in prioritization of targets for characterization;

“(2) Exploratory drilling for geothermal resources—The demonstration of advanced technologies and techniques of siting and exploratory drilling for undiscovered resources in a variety of geologic settings, carried out in collaboration with industry partners that will assist in the acquisition of high quality data sets relevant for hydrothermal subsurface characterization activities.”

Sec. 2543 General geothermal systems research and development

Section 614 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17193) is amended to read as follows:

“614. General geothermal systems research and development

“(a) Subsurface components and systems—The Secretary shall support a program of research, development, demonstration, and commercial application of components and systems capable of withstanding geothermal environments and necessary to develop, produce, and monitor geothermal reservoirs and produce geothermal energy.

“(b) Environmental impacts—The Secretary shall—

“(1) support a program of research, development, demonstration, and commercial application of technologies and practices designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development, production or use; and

“(2) support a research program to identify potential environmental impacts, including induced seismicity, and environmental benefits of geothermal energy development, production, and use, and ensure that the program described in paragraph (1) addresses such impacts, including water use and effects on groundwater and local hydrology;

“(3) support a program of research to compare the potential environmental impacts and environmental benefits identified as part of the development, production, and use of geothermal energy with the potential emission reductions of greenhouse gases gained by geothermal energy development, production, and use; and

“(4) in carrying out this section, the Secretary shall, to the maximum extent practicable, consult with relevant federal agencies, including the Environmental Protection Agency.

“(c) Reservoir thermal energy storage—The Secretary shall support a program of research, development, and demonstration of reservoir thermal energy storage, emphasizing cost-effective improvements through deep direct use engineering, design, and systems research.

“(d) Oil and gas technology transfer initiative

“(1) In general—The Secretary shall support an initiative among the Office of Fossil Energy, the Office of Energy Efficiency and Renewable Energy, and the private sector to research, develop, and demonstrate relevant advanced technologies and operation techniques used in the oil and gas sector for use in geothermal energy development.

“(2) Priorities—In carrying out paragraph (1), the Secretary shall prioritize technologies with the greatest potential to significantly increase the use and lower the cost of geothermal energy in the United States, including the cost and speed of geothermal drilling surface technologies, and well construction.

“(e) Coproduction of geothermal energy and minerals production research and development initiative

“(1) In general—The Secretary shall carry out a research and development initiative under which the Secretary shall award grants to demonstrate the coproduction of critical minerals from geothermal resources.

“(2) Requirements—An award made under paragraph (1) shall—

“(A) improve the cost effectiveness of removing minerals from geothermal brines as part of the coproduction process;

“(B) increase recovery rates of the targeted mineral commodity;

“(C) decrease water use and other environmental impacts, as determined by the Secretary; and

“(D) demonstrate a path to commercial viability.

“(f) Flexible operations—The Secretary shall support a research initiative on flexible operation of geothermal power plants.

“(g) Hybrid energy systems—The Secretary shall identify opportunities for joint research, development, and demonstration programs between geothermal systems and other energy generation or storage systems.”

Sec. 2544 Enhanced geothermal systems research and development

Section 615 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17194) is amended to read as follows:

“615. Enhanced geothermal systems research and development

“(a) In general—The Secretary shall support a program of research, development, demonstration, and commercial application for enhanced geothermal systems, including the programs described in subsection (b).

“(b) Enhanced geothermal systems technologies—In collaboration with industry partners, institutions of higher education, and the national laboratories, the Secretary shall support a program of research, development, demonstration, and commercial application of the technologies to achieve higher efficiency and lower cost enhanced geothermal systems, including—

“(1) reservoir stimulation;

“(2) drilled, non-stimulated (e.g. closed-loop) reservoir technologies;

“(3) reservoir characterization, monitoring, and modeling and understanding of the surface area and volume of fractures;

“(4) stress and fracture mapping including real time monitoring and modeling;

“(5) tracer development;

“(6) three and four-dimensional seismic imaging and tomography;

“(7) well placement and orientation;

“(8) long-term reservoir management;

“(9) drilling technologies, methods, and tools;

“(10) improved exploration tools;

“(11) zonal isolation; and

“(12) understanding induced seismicity risks from reservoir engineering and stimulation.

“(c) Frontier observatory for research in geothermal energy—The Secretary shall support the establishment and construction of up to 3 field research sites, which shall each be known as a “Frontier Observatory for Research in Geothermal Energy” or “FORGE” site to develop, test, and enhance techniques and tools for enhanced geothermal energy.

“(1) Duties—The Secretary shall—

“(A) award grants in support of research and development projects focused on advanced monitoring technologies, new technologies and approaches for implementing multi-zone stimulations, nonstimulation techniques, and dynamic reservoir modeling that incorporates all available high-fidelity characterization data; and

“(B) seek opportunities to coordinate efforts and share information with domestic and international partners engaged in research and development of geothermal systems and related technology, including coordination between FORGE sites.

“(2) Site selection—Of the FORGE sites referred to in paragraph (1), the Secretary shall—

“(A) consider applications through a competitive, merit-reviewed process, from National Laboratories, multi-institutional collaborations, institutes of higher education and other appropriate entities best suited to provide national leadership on geothermal related issues and perform the duties enumerated under this subsection; and

“(B) prioritize existing field sites and facilities with capabilities relevant to the duties enumerated under this subsection.

“(3) Existing forge sites—A FORGE site already in existence on the date of enactment of this Act may continue to receive support.

“(4) Funding—Out of funds authorized to be appropriated under section 623, there shall be made available to the Secretary to carry out the FORGE activities under this paragraph—

“(A) $45,000,000 for fiscal year 2021;

“(B) $55,000,000 for fiscal year 2022;

“(C) $65,000,000 for fiscal year 2023;

“(D) $70,000,000 for fiscal year 2024; and

“(E) $70,000,000 for fiscal year 2025.

“(d) Enhanced geothermal systems demonstrations

“(1) In general—Beginning on the date of enactment of this section, the Secretary, in collaboration with industry partners, institutions of higher education, and the national laboratories, shall support an initiative for demonstration of enhanced geothermal systems for power production or direct use.

“(2) Projects

“(A) In general—Under the initiative described in paragraph (1), demonstration projects shall be carried out in locations that are commercially viable for enhanced geothermal systems development, while also considering environmental impacts to the maximum extent practicable, as determined by the Secretary.

“(B) Requirements—Demonstration projects under subparagraph (A) shall—

“(i) collectively demonstrate—

“(I) different geologic settings, such as hot sedimentary aquifers, layered geologic systems, supercritical systems, and basement rock systems; and

“(II) a variety of development techniques, including open hole and cased hole completions, differing well orientations, and stimulation and nonstimulation mechanisms; and

“(ii) to the extent practicable, use existing sites where subsurface characterization or geothermal energy integration analysis has been conducted.

“(C) Eastern demonstration—Not fewer than 1 of the demonstration projects carried out under subparagraph (A) shall be located an area east of the Mississippi that is suitable for enhanced geothermal demonstration for power, heat, or a combination of power and heat.”

Sec. 2545 Geothermal heat pumps and direct use

(a)

In general— Title VI of the Energy Independence and Security Act of 2007 is amended by inserting after section 616 (42 U.S.C. 17195) the following:

“616A. Geothermal heat pumps and direct use research and development

“(a) Purposes—The purposes of this section are—

“(1) to improve the understanding of related earth sciences, components, processes, and systems used for geothermal heat pumps and the direct use of geothermal energy; and

“(2) to increase the energy efficiency, lower the cost, increase the use, and improve and demonstrate the effectiveness of geothermal heat pumps and the direct use of geothermal energy.

“(b) Definitions—In this section:

“(1) Direct use of geothermal energy—The term direct use of geothermal energy means geothermal systems that use water directly or through a heat exchanger to provide—

“(A) heating and cooling to buildings, commercial districts, residential communities, and large municipal, or industrial projects; or

“(B) heat required for industrial processes, agriculture, aquaculture, and other facilities.

“(2) Economically distressed area—The term economically distressed area means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).

“(3) Geothermal heat pump—The term geothermal heat pump means a system that provides heating and cooling by exchanging heat from shallow geology, groundwater, or surface water using—

“(A) a closed loop system, which transfers heat by way of buried or immersed pipes that contain a mix of water and working fluid; or

“(B) an open loop system, which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source.

“(c) Program

“(1) In general—The Secretary shall support within the Geothermal Technologies Office a program of research, development, and demonstration for geothermal heat pumps and the direct use of geothermal energy.

“(2) Areas—The program under paragraph (1) may include research, development, demonstration, and commercial application of—

“(A) geothermal ground loop efficiency improvements, cost reductions, and improved installation and operations methods;

“(B) the use of geothermal energy for building-scale energy storage;

“(C) the use of geothermal energy as a grid management resource or seasonal energy storage;

“(D) geothermal heat pump efficiency improvements;

“(E) the use of alternative fluids as a heat exchange medium, such as hot water found in mines and mine shafts, graywater, or other fluids that may improve the economics of geothermal heat pumps;

“(F) heating of districts, neighborhoods, communities, large commercial or public buildings, and industrial and manufacturing facilities;

“(G) the use of low temperature groundwater for direct use; and

“(H) system integration of direct use with geothermal electricity production.

“(3) Environmental impacts—In carrying out the program, the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c).

“(d) Grants

“(1) In general—The Secretary shall carry out the program established in subsection (c) by making grants available to State, local, and Tribal governments, institutions of higher education, nonprofit entities, National Laboratories, utilities, and for-profit companies.

“(2) Priority—In making grants under this subsection, the Secretary may give priority to proposals that apply to large buildings, commercial districts, and residential communities that are located in economically distressed areas and areas that the Secretary determines to have high economic potential for geothermal district heating based on the report, “Geovision: Harnessing the Heat Beneath our Feet” published by the Department in 2019, or a successor report.”

(b)

Conforming amendment— Section 1(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 note) is amended in the table of contents by inserting after the item relating to section 616 the following:

Sec. 2546 Cost sharing and proposal evaluation

Section 617(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17196) is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

Sec. 2547 Advanced geothermal computing and data science research and development

(a)

In general— Section 618 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17197) is amended to read as follows:

“618. Advanced geothermal computing and data science research and development

“(a) In general—The Secretary shall carry out a program of research and development of advanced computing and data science tools for geothermal energy.

“(b) Programs—The program authorized in subsection (a) shall include the following:

“(1) Advanced computing for geothermal systems technologies—Research, development, and demonstration of technologies to develop advanced data, machine learning, artificial intelligence, and related computing tools to assist in locating geothermal resources, to increase the reliability of site characterization, to increase the rate and efficiency of drilling, to improve induced seismicity mitigation, and to support enhanced geothermal systems technologies.

“(2) Geothermal systems reservoir modeling—Research, development, and demonstration of models of geothermal reservoir performance and enhanced geothermal systems reservoir stimulation technologies and techniques, with an emphasis on accurately modeling fluid and heat flow, permeability evolution, geomechanics, geochemistry, seismicity, and operational performance over time, including collaboration with industry and field validation.

“(c) Coordination—In carrying out these programs, the Secretary shall ensure coordination and consultation with the Department of Energy’s Office of Science. The Secretary shall ensure, to the maximum extent practicable, coordination of these activities with the Department of Energy National Laboratories, institutes of higher education, and the private sector.”

(b)

Conforming amendment— Section 1(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 note) is amended in the table of contents by amending the item related to section 618 to read as follows:

Sec. 2548 Geothermal workforce development

(a)

In general— Section 619 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17198) is amended to read as follows:

“619. Geothermal workforce development

“The Secretary shall support the development of a geothermal energy workforce through a program that—

“(1) facilitates collaboration between university students and researchers at the national laboratories; and

“(2) prioritizes science in areas relevant to the mission of the Department through the application of geothermal energy tools and technologies.”

(b)

Sec. 2549 Organization and administration of programs

Section 621 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17200) is amended to read as follows:

“621. Organization and Administration of Programs

“(a) Education and outreach—In carrying out the activities described in this subtitle, the Secretary shall support education and outreach activities to disseminate information on geothermal energy technologies and the geothermal energy workforce, including activities at the Frontier Observatory for Research in Geothermal Energy site or sites.

“(b) Technical assistance—In carrying out this subtitle, the Secretary shall also conduct technical assistance and analysis activities with eligible entities for the purpose of supporting the commercial application of advances in geothermal energy systems development and operations, which may include activities that support expanding access to advanced geothermal energy technologies for rural, Tribal, and low-income communities.

“(c) Report—Every 5 years after the date of enactment of this section, the Secretary shall report to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on advanced concepts and technologies to maximize the geothermal resource potential of the United States.

“(d) Progress reports—Not later than 1 year after the date of enactment of this section, and every 2 years thereafter, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of projects undertaken under this part and other such information the Secretary considers appropriate.”

Sec. 2550 Repeals

(a)

In general— Subtitle B of title VI of the Energy Independence and Security Act of 2007 (42 U.S.C. 17191 et seq.) is amended by striking section 620.

(b)

Conforming amendment— Section 1(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 note) is amended in the table of contents by striking the item related to section 620.

Sec. 2551 Authorization of appropriations

Section 623 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17202) is amended to read as follows:

“623. Authorization of Appropriations

“There are authorized to be appropriated to the Secretary to carry out the programs under this subtitle—

“(1) $182,062,500 for fiscal year 2021;

“(2) $199,125,000 for fiscal year 2022;

“(3) $216,187,500 for fiscal year 2023;

“(4) $225,750,000 for fiscal year 2024; and

“(5) $227,812,500 for fiscal year 2025.”

Sec. 2552 International geothermal energy development

Section 624 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17203) is amended—

(1)

by amending subsection (a) to read as follows:

“(a) In general—The Secretary of Energy, in coordination with other appropriate Federal and multilateral agencies (including the United States Agency for International Development) shall support collaborative efforts with international partners to promote the research, development, and demonstration of geothermal technologies used to develop hydrothermal and enhanced geothermal system resources.”

(2)

by striking subsection (c).

Sec. 2553 Reauthorization of High Cost Region Geothermal Energy Grant Program

Section 625 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17204) is amended—

(1)

in subsection (a)(2), by inserting “ or heat” after “electrical power”; and

(2)

by amending subsection (e) to read as follows:

“(e) Authorization of appropriations—Out of funds authorized under section 623, there is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2025.”

4 Water Power Research and Development

Sec. 2561 Water power research and development

(a)

In general— Subtitle C of title VI of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended to read as follows:

“C Water Power Research and Development

“632. Definitions

“In this subtitle:

“(1) Eligible entity—The term eligible entity means any of the following entities:

“(A) An institution of higher education.

“(B) A National Laboratory.

“(C) A Federal research agency.

“(D) A State research agency.

“(E) A nonprofit research organization.

“(F) An industrial entity or a multi-institutional consortium thereof.

“(2) Institution of higher education—The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

“(3) Marine energy—The term marine energy means energy from—

“(A) waves, tides, and currents in oceans, estuaries, and tidal areas;

“(B) free flowing water in rivers, lakes, streams, and man-made channels;

“(C) differentials in salinity and pressure gradients; and

“(D) differentials in water temperature, including ocean thermal energy conversion.

“(4) National laboratory—The term National Laboratory has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)).

“(5) Water power—The term water power refers to hydropower, including conduit power, pumped storage, and marine energy technologies.

“(6) Microgrid—The term microgrid has the meaning given such term in section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231).

“633. Water power technology research, development, and demonstration

“The Secretary shall carry out a program to conduct research, development, demonstration, and commercial application of water power technologies in support of each of the following purposes:

“(1) To promote research, development, demonstration, and commercial application of water power generation technologies in order to increase capacity and reduce the cost of those technologies.

“(2) To promote research and development to improve the environmental impact of water power technologies.

“(3) To provide grid reliability and resilience, including through technologies that facilitate new market opportunities, such as ancillary services, for water power.

“(4) To promote the development of water power technologies to improve economic growth and enhance cross-institutional foundational workforce development in the water power sector, including in coastal communities.

“634. Hydropower research, development, and demonstration

“The Secretary shall conduct a program of research, development, demonstration, and commercial application for technologies that improve the capacity, efficiency, resilience, security, reliability, affordability, and environmental impact, including potential cumulative environmental impacts, of hydropower systems. In carrying out such program, the Secretary shall prioritize activities designed to—

“(1) develop technology for—

“(A) non-powered dams, including aging and potentially hazardous dams;

“(B) pumped storage;

“(C) constructed waterways;

“(D) new stream-reach development;

“(E) modular and small dams;

“(F) increased operational flexibility; and

“(G) enhancement of relevant existing facilities;

“(2) develop new strategies and technologies, including analytical methods, physical and numerical tools, and advanced computing, as well as methods to validate such methods and tools, in order to—

“(A) extend the operational lifetime of hydropower systems and their physical structures, while improving environmental impact, including potential cumulative environmental impacts;

“(B) assist in device and system design, installation, operation, and maintenance; and

“(C) reduce costs, limit outages, and increase unit and plant efficiencies, including by examining the impact of changing water and electricity demand on hydropower generation, flexibility, and provision of grid services;

“(3) study, in conjunction with other relevant Federal agencies as appropriate, methods to improve the hydropower licensing process, including by compiling current and accepted best practices, public comments, and methodologies to assess the full range of potential environmental and economic impacts;

“(4) identify opportunities for joint research, development, and demonstration programs between hydropower systems, which may include—

“(A) pumped storage systems and other renewable energy systems;

“(B) small hydro facilities and other energy storage systems;

“(C) other hybrid energy systems;

“(D) small hydro facilities and critical infrastructure, including water infrastructure; and

“(E) hydro facilities and responsive load technologies, which may include smart buildings and city systems;

“(5) improve the reliability of hydropower technologies, including during extreme weather events;

“(6) develop methods and technologies to improve environmental impact, including potential cumulative environmental impacts, of hydropower and pumped storage technologies, including potential impacts on wildlife, such as—

“(A) fisheries;

“(B) aquatic life and resources;

“(C) navigation of waterways; and

“(D) upstream and downstream environmental conditions, including sediment movement, water quality, and flow volumes;

“(7) identify ways to increase power generation by—

“(A) diversifying plant configuration options;

“(B) improving pump-back efficiencies;

“(C) investigating multi-phase systems;

“(D) developing, testing, and monitoring advanced generators with faster cycling times, variable speeds, and improved efficiencies;

“(E) developing, testing, and monitoring advanced turbines capable of improving environmental impact, including potential cumulative environmental impacts, including small turbine designs;

“(F) developing standardized powertrain components;

“(G) developing components with advanced materials and manufacturing processes, including additive manufacturing; and

“(H) developing analytical tools that enable hydropower to provide grid services that, amongst other services, improve grid integration of other energy sources;

“(8) advance new pumped storage technologies, including—

“(A) systems with adjustable speed and other new pumping and generating equipment designs;

“(B) modular systems;

“(C) alternative closed-loop systems, including mines and quarries; and

“(D) other innovative equipment and materials as determined by the Secretary;

“(9) reduce civil works costs and construction times for hydropower and pumped storage systems, including comprehensive data and systems analysis of hydropower and pumped storage construction technologies and processes in order to identify areas for whole-system efficiency gains;

“(10) advance efficient and reliable integration of hydropower and pumped storage systems with the electric grid by—

“(A) improving methods for operational forecasting of renewable energy systems to identify opportunities for hydropower applications in pumped storage and hybrid energy systems, including forecasting of seasonal and annual energy storage;

“(B) considering aggregating small distributed hydropower assets; and

“(C) identifying barriers to grid scale implementation of hydropower and pumped storage technologies;

“(11) improve computational fluid dynamic modeling methods;

“(12) improve flow measurement methods, including maintenance of continuous flow measurement equipment;

“(13) identify best methods for compiling data on all hydropower resources and assets, including identifying potential for increased capacity; and

“(14) identify mechanisms to test and validate performance of hydropower and pumped storage technologies.

“635. Marine energy research, development, and demonstration

“(a) In general—The Secretary, in consultation with the Department of Defense, Secretary of Commerce (acting through the Under Secretary of Commerce for Oceans and Atmosphere) and other relevant Federal agencies, shall conduct a program of research, development, demonstration, and commercial application of marine energy technology, including activities to—

“(1) assist technology development to improve the components, processes, and systems used for power generation from marine energy resources at a variety of scales;

“(2) establish and expand critical testing infrastructure and facilities necessary to—

“(A) demonstrate and prove marine energy devices at a range of scales in a manner that is cost-effective and efficient; and

“(B) accelerate the technological readiness and commercial application of such devices;

“(3) address marine energy resource variability issues, including through the application of energy storage technologies;

“(4) advance efficient and reliable integration of marine energy with the electric grid, which may include smart building systems;

“(5) identify and study critical short-term and long-term needs to maintaining a sustainable marine energy supply chain based in the United States;

“(6) increase the reliability, security, and resilience of marine energy technologies;

“(7) validate the performance, reliability, maintainability, and cost of marine energy device designs and system components in an operating environment;

“(8) consider the protection of critical infrastructure, such as adequate separation between marine energy devices and submarine telecommunications cables, including through the development of voluntary, consensus-based standards for such purposes;

“(9) identify opportunities for crosscutting research, development, and demonstration programs between existing energy research programs;

“(10) identify and improve, in conjunction with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, and other relevant Federal agencies as appropriate, the environmental impact, including potential cumulative environmental impacts, of marine energy technologies, including—

“(A) potential impacts on fisheries and other marine resources; and

“(B) developing technologies, including mechanisms for self-evaluation, and other means available for improving environmental impact, including potential cumulative environmental impacts;

“(11) identify, in consultation with relevant Federal agencies, potential navigational impacts of marine energy technologies and strategies to prevent possible adverse impacts, in addition to opportunities for marine energy systems to aid the United States Coast Guard, such as remote sensing for coastal border security;

“(12) develop numerical and physical tools, including models and monitoring technologies, to assist industry in device and system design, installation, operation, and maintenance, including methods to validate such tools;

“(13) support materials science as it relates to marine energy technology, such as the development of corrosive-resistant materials;

“(14) improve marine energy resource forecasting and general understanding of aquatic system behavior, including turbulence and extreme conditions;

“(15) develop metrics and voluntary, consensus-based standards, in coordination with the National Institute of Standards and Technology and appropriate standard development organizations, for marine energy components, systems, and projects, including—

“(A) measuring performance of marine energy technologies; and

“(B) characterizing environmental conditions;

“(16) enhance integration with hybrid energy systems, including desalination;

“(17) identify opportunities to integrate marine energy technologies into new and existing infrastructure; and

“(18) to develop technology necessary to support the use of marine energy—

“(A) for the generation and storage of power at sea; and

“(B) for the generation and storage of power to promote the resilience of coastal communities, including in applications relating to—

“(i) desalination;

“(ii) disaster recovery and resilience; and

“(iii) community microgrids in isolated power systems.

“(b) Study of non-Power sector applications for advanced marine energy technologies

“(1) In general—The Secretary, in consultation with the Secretary of Transportation and the Secretary of Commerce, shall conduct a study to examine opportunities for research and development in advanced marine energy technologies for non-power sector applications, including applications with respect to—

“(A) the maritime transportation sector;

“(B) associated maritime energy infrastructure, including infrastructure that serves ports, to improve system resilience and disaster recovery; and

“(C) enabling scientific missions at sea and in extreme environments, including the Arctic.

“(2) Report—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that describes the results of the study conducted under paragraph (1).

“636. National Marine Energy Centers

“(a) In general—The Secretary shall award grants, each such grant up to $10,000,000 per year, to institutions of higher education (or consortia thereof) for—

“(1) the continuation and expansion of the research, development, demonstration, testing, and commercial application activities at the National Marine Energy Centers (referred to in this section as “Centers”) established as of January 1, 2020; and

“(2) the establishment of new National Marine Energy Centers.

“(b) Location selection—In selecting institutions of higher education for new Centers, the Secretary shall consider the following criteria:

“(1) Whether the institution hosts an existing marine energy research and development program.

“(2) Whether the institution has proven technical expertise to support marine energy research.

“(3) Whether the institution has access to marine resources.

“(c) Purposes—The Centers shall coordinate among themselves, the Department, and National Laboratories to—

“(1) advance research, development, demonstration, and commercial application of marine energy technologies in response to industry and commercial needs;

“(2) support in-water testing and demonstration of marine energy technologies, including facilities capable of testing—

“(A) marine energy systems of various technology readiness levels and scales;

“(B) a variety of technologies in multiple test berths at a single location;

“(C) arrays of technology devices; and

“(D) interconnectivity to an electrical grid, including microgrids; and

“(3) collect and disseminate information on best practices in all areas relating to developing and managing marine energy resources and energy systems.

“(d) Coordination—To the extent practicable, the Centers shall coordinate their activities with the Secretary of Commerce, acting through the Undersecretary of Commerce for Oceans and Atmosphere, and other relevant Federal agencies.

“(e) Termination—To the extent otherwise authorized by law, the Secretary may terminate funding for a Center described in paragraph (a) if such Center is under-performing.

“637. Organization and administration of programs

“(a) Coordination—In carrying out this subtitle, the Secretary shall coordinate activities, and effectively manage cross-cutting research priorities across programs of the Department and other relevant Federal agencies, including the National Laboratories and the National Marine Energy Centers.

“(b) Collaboration

“(1) In general—In carrying out this subtitle, the Secretary shall collaborate with industry, National Laboratories, other relevant Federal agencies, institutions of higher education, including Minority Serving Institutions, National Marine Energy Centers, Tribal entities, including Alaska Native Corporations, and international bodies with relevant scientific and technical expertise.

“(2) Participation—To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph (1) and include entities not historically associated with National Marine Energy Centers, such as Minority Serving Institutions.

“(3) International collaboration—The Secretary of Energy, in coordination with other appropriate Federal and multilateral agencies (including the United States Agency for International Development) shall support collaborative efforts with international partners to promote the research, development, and demonstration of water power technologies used to develop hydropower, pump storage, and marine energy resources.

“(c) Dissemination of results and public availability—The Secretary shall—

“(1) publish the results of projects supported under this subtitle through Department websites, reports, databases, training materials, and industry conferences, including information discovered after the completion of such projects, withholding any industrial proprietary information; and

“(2) share results of such projects with the public except to the extent that the information is protected from disclosure under section 552(b) of title 5, United States Code.

“(d) Award frequency—The Secretary shall solicit applications for awards under this subtitle no less frequently than once per fiscal year.

“(e) Education and outreach—In carrying out the activities described in this subtitle, the Secretary shall support education and outreach activities to disseminate information and promote public understanding of water power technologies and the water power workforce, including activities at the National Marine Energy Centers.

“(f) Technical assistance and workforce development—In carrying out this subtitle, the Secretary may also conduct, for purposes of supporting technical, non-hardware, and information-based advances in water power systems development and operations—

“(1) technical assistance and analysis activities with eligible entities, including activities that support expanding access to advanced water power technologies for rural, Tribal, and low-income communities; and

“(2) workforce development and training activities, including to support the dissemination of standards and best practices for enabling water power production.

“(g) Strategic plan—In carrying out the activities described in this subtitle, the Secretary shall—

“(1) not later than one year after the date of the enactment of the Clean Economy Jobs and Innovation Act, draft a plan, considering input from relevant stakeholders such as industry and academia, to implement the programs described in this subtitle and update the plan on an annual basis; and

“(2) the plan shall address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of water power systems.

“(h) Report to congress—Not later than 1 year after the date of the enactment of the Clean Economy Jobs and Innovation Act, and at least once every 2 years thereafter, the Secretary shall provide, and make available to the public and the relevant authorizing and appropriations committees of Congress, a report on the findings of research conducted and activities carried out pursuant to this subtitle, including the most current strategic plan under subsection (g) and the progress made in implementing such plan.

“638. Applicability of other laws

“Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under any environmental or other Federal or State law.

“639. Authorization of appropriations

“There are authorized to be appropriated to the Secretary to carry out this subtitle—

“(1) $229,125,000 for fiscal year 2021, including $168,870,000 for marine energy and $60,255,000 for hydropower research, development, and demonstration activities;

“(2) $236,517,450 for fiscal year 2022, including $174,454,800 for marine energy and $62,062,650 for hydropower research, development, and demonstration activities;

“(3) $244,187,873 for fiscal year 2023, including $180,263,343 for marine energy and $63,924,530 for hydropower research, development, and demonstration activities;

“(4) $252,147,209 for fiscal year 2024, including $186,304,944 for marine energy and $65,842,265 for hydropower research, development, and demonstration activities; and

“(5) $260,406,837 for fiscal year 2025, including $192,589,304 for marine energy and $67,817,533 for hydropower research, development, and demonstration activities.”

(b)

Conforming table of contents amendment— The table of contents for the Energy Independence and Security Act of 2007 is amended by striking the items relating to subtitle C of title VI and inserting the following:

Sec. 2562 Conforming amendments

(a)

Energy policy act of 2005— The Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) is amended—

(1)

in section 201(a), by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine”;

(2)

in section 203(b)(2), by—

(A)

inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007) or” before “electric energy”; and

(B)

by striking “ocean (including tidal, wave, current, and thermal)”;

(3)

in section 931(a)(2)(E)(i), by striking “ocean energy, including wave energy” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”; and

(4)

in section 1833(a), by striking “ocean energy resources (including tidal, wave, and thermal energy)” and inserting “marine energy resources (within the meaning of section 632 of the Energy Independence and Security Act of 2007)”.

(b)

Energy Policy Act of 1992— Section 1212 of the Energy Policy Act of 1992 (42 U.S.C. 13317) is amended—

(1)

in subsection (a)(4)(A)(i), by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”;

(2)

in subsection (b), in the matter preceding paragraph (1), by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”; and

(3)

in subsection (e)(1), in the first sentence, by striking “ocean (including tidal, wave, current, and thermal)” and inserting “marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007)”.

(c)

Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989— The Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et seq.) is amended—

(1)

in section 4 (42 U.S.C. 12003)—

(A)

in subsection (a)(5), by striking “Ocean” and inserting “Marine”; and

(B)

in subsection (c), in the matter preceding paragraph (1), by striking “Ocean” and inserting “Marine”; and

(2)

in section 9(c) (42 U.S.C. 12006(c)), by striking “ocean,” and inserting “marine,”.

Sec. 2563 Produced water research and development program

(a)

Establishment— As soon as possible after the date of enactment of this Act, the Secretary of Energy shall establish a research and development program on produced water to develop—

(1)

new technologies and practices to reduce the environmental impact; and

(2)

opportunities for reprocessing of produced water at natural gas or oil development sites.

(b)

Prioritization— The Secretary shall give priority to projects that develop and bring to market—

(1)

effective systems for on-site management or repurposing of produced water; and

(2)

new technologies or approaches to reduce the environmental impact of produced water on local water sources and the environment.

(c)

Conduct of program— In carrying out the program described in subsection (a), the Secretary shall carry out science-based research and development activities to pursue—

(1)

improved efficiency, technologies, and techniques for produced water recycling stations; and

(2)

B. alternative approaches to treating, reusing, storing, or decontaminating produced water.

(d)

Authorization of appropriations— There are authorized to be appropriated for purposes of this section $10,000,000 for each of fiscal years 2020 through 2025.

Sec. 2564 Produced water demonstration program

(a)

Establishment— The Secretary of Energy shall establish a demonstration program for on-site treatment of produced water.

(b)

Requirements— In developing the demonstration program under this section, the Secretary shall consult with the heads of other relevant Federal departments and agencies, including the Department of the Interior and the Environmental Protection Agency.

(c)

Prioritization— In carrying out this section, the Secretary should prioritize—

(1)

first-of-a-kind or new approaches to treating produced water stationed on site; and

(2)

technologies that can be used at natural gas or oil development sites to reduce other environmental harm either through emissions or other environmental impact.

(d)

Authorization of appropriations— There are authorized to be appropriated for purposes of this section $10,000,000 for each of fiscal years 2020 through 2025.

5 Energy Efficiency and Renewable Energy Research and Development

Sec. 2571 Authorization of appropriations

There are authorized to be appropriated to the Secretary of Energy or their designee to carry out research, development, demonstration, and commercial application activities under the Office of Energy Efficiency and Renewable Energy—

(1)

$3,228,500,000 for fiscal year 2021;

(2)

$3,250,775,500 for fiscal year 2022;

(3)

$3,291,488,750 for fiscal year 2023;

(4)

$3,334,238,188 for fiscal year 2024; and

(5)

$3,379,125,097 for fiscal year 2025.

F Public Lands Renewable Energy Development

Sec. 2601 Definitions

In this subtitle:

(1)

Covered land— The term covered land means land that is—

(A)

public lands administered by the Secretary; and

(B)

not excluded from the development of geothermal, solar, or wind energy under—

(i)

a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or

(ii)

other Federal law.

(2)

Exclusion area— The term exclusion area means covered land that is identified by the Bureau of Land Management as not suitable for development of renewable energy projects.

(3)

Federal land— The term Federal land means public lands.

(4)

Fund— The term Fund means the Renewable Energy Resource Conservation Fund established by section 2608(c)(1).

(5)

Priority area— The term priority area means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a renewable energy project, including a designated leasing area (as defined in section 2801.5(b) of title 43, Code of Federal Regulations (or a successor regulation)) that is identified under the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)) (or a successor regulation).

(6)

Public lands— The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(7)

Renewable energy project— The term renewable energy project means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy.

(8)

Secretary— The term Secretary means the Secretary of the Interior.

(9)

Variance area— The term variance area means covered land that is—

(A)

not an exclusion area;

(B)

not a priority area; and

(C)

identified by the Secretary as potentially available for renewable energy development and could be approved without a plan amendment, consistent with the principles of multiple use (as that term is defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).

Sec. 2602 Land use planning; supplements to programmatic environmental impact statements

(a)

Priority areas—

(1)

In general— The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for geothermal, solar, and wind energy projects. Projects located in those priority areas shall be given the highest priority for review, and shall be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.

(2)

Deadline—

(A)

Geothermal energy— For geothermal energy, the Secretary shall establish priority areas as soon as practicable, but not later than 5 years, after the date of the enactment of this Act.

(B)

Solar energy— For solar energy, solar Designated Leasing Areas, including the solar energy zones established by the 2012 western solar plan of the Bureau of Land Management and any subsequent land use plan amendments, shall be considered to be priority areas for solar energy projects. The Secretary shall establish additional solar priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.

(C)

Wind energy— For wind energy, the Secretary shall establish additional wind priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.

(b)

Variance areas— To the maximum extent practicable, variance areas shall be considered for renewable energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).

(c)

Review and modification— Not less than once every 5 years, the Secretary shall—

(1)

review the adequacy of land allocations for geothermal, solar, and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities; and

(2)

based on the review carried out under paragraph (1), add, modify, or eliminate priority, variance, and exclusion areas.

(d)

Compliance with the national environmental policy act— For purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished—

(1)

for geothermal energy, by supplementing the October 2008 final programmatic environmental impact statement for geothermal leasing in the Western United States and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized;

(2)

for solar energy, by supplementing the July 2012 final programmatic environmental impact statement for solar energy development and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized; and

(3)

for wind energy, by supplementing the July 2005 final programmatic environmental impact statement for wind energy development and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized.

(e)

No effect on processing applications— Any requirements to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing a pending application for a renewable energy project.

(f)

Coordination— In developing a supplement required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are—

(1)

economically viable (including having access to existing and/or planned transmission lines);

(2)

likely to avoid or minimize impacts to habitat for animals and plants, recreation, cultural resources, and other uses of covered land; and

(3)

consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).

Sec. 2603 Environmental review on covered land

(a)

In general— If the Secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section 2602(d), the Secretary shall not require any additional review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary shall publish any such project determinations on a publicly available website.

(b)

Additional environmental review— If the Secretary determines that additional environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed renewable energy project, the Secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section 2602(d), to the maximum extent practicable when analyzing the potential impacts of the project.

(c)

Relationship to other law— Nothing in this section modifies or supersedes any requirement under applicable law.

Sec. 2604 Program to improve renewable energy project permit coordination

(a)

Establishment— The Secretary shall establish a national Renewable Energy Coordination Office and State, district, or field offices with responsibility to establish and implement a program to improve Federal permit coordination with respect to renewable energy projects on covered land and other activities deemed necessary by the Secretary. In carrying out the program, the Secretary may temporarily assign qualified staff to Renewable Energy Coordination Offices to expedite the permitting of renewable energy projects.

(b)

Memorandum of understanding—

(1)

In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section, including to specifically expedite the environmental analysis of applications for projects proposed in a variance area or a priority area, with the Secretary of Defense.

(2)

State and tribal participation— The Secretary may request the Governor of any interested State or any Tribal leader of any interested Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) to be a signatory to the memorandum of understanding under paragraph (1).

(c)

Designation of qualified staff—

(1)

In general— Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is executed, all Federal signatories, as appropriate, shall identify for each of the Bureau of Land Management Renewable Energy Coordination Offices one or more employees who have expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in—

(A)

consultation regarding, and preparation of, biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);

(B)

permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);

(C)

regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);

(D)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(E)

the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

(F)

the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(G)

implementation of the requirements of section 306108 of title 54, United States Code (formerly known as section 106 of the National Historic Preservation Act);

(H)

the Bald and Golden Eagle Protection Act (16 U.S.C. 668 through 668d); and

(I)

section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54 , United States Code (previously known as the “National Park Service Organic Act”).

(2)

Duties— Each employee assigned under paragraph (1) shall—

(A)

be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee; and

(B)

participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses.

(d)

Additional personnel— The Secretary may assign such additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the effective implementation of any programs administered by the offices in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(e)

Clarification of existing authority— Under section 307 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737), the Bureau of Land Management may—

(1)

accept donations for the purposes of public lands management; and

(2)

accept donations from renewable energy companies working on public lands to help cover the costs of environmental reviews.

(f)

Report to congress—

(1)

In general— Not later than February 1 of the first fiscal year beginning after the date of the enactment of this Act, and each February 1 thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made under the program established under subsection (a) during the preceding year.

(2)

Inclusions— Each report under this subsection shall include—

(A)

projections for renewable energy production and capacity installations; and

(B)

a description of any problems relating to leasing, permitting, siting, or production.

Sec. 2605 Increasing economic certainty

(a)

Considerations— The Secretary is authorized to and shall consider acreage rental rates, capacity fees, and other recurring annual fees in total when evaluating existing rates paid for the use of Federal land by renewable energy projects.

(b)

Increases in base rental rates— Once a base rental rate is established upon the issuance of a right-of-way authorization, increases in the base rent shall be limited to the Implicit Price Deflator–Gross Domestic Product (IPD–GDP) index for the entire term of the right-of-way authorization.

(c)

Reductions in base rental rates— The Secretary is authorized to reduce acreage rental rates and capacity fees, or both, for existing and new wind and solar authorizations if the Secretary determines—

(1)

that the existing rates—

(A)

exceed fair market value;

(B)

impose economic hardships;

(C)

limit commercial interest in a competitive lease sale or right-of-way grant; or

(D)

are not competitively priced compared to other available land; or

(2)

that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources, especially those resources inside priority areas. Rental rates and capacity fees for projects that are within the boundaries of a Designated Leasing Area but not formally recognized as being in such an area shall be equivalent to rents and fees for new leases inside of a Designated Leasing Area.

Sec. 2606 Renewable energy goal

The Secretary shall seek to issue permits that, in total, authorize production of not less than 25 gigawatts of electricity from wind, solar, and geothermal energy projects by not later than 2025, through management of public lands and administration of Federal laws.

Sec. 2607 Facilitation of coproduction of geothermal energy on oil and gas leases

Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following:

“(4) Land subject to oil and gas lease—Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the oil and gas lease—

“(A) on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas; and

“(B) in order to provide for the coproduction of geothermal energy with oil and gas.”

Sec. 2608 Noncompetitive leasing of adjoining areas for development of geothermal resources

Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is further amended by adding at the end the following:

“(5) Adjoining land

“(A) Definitions—In this paragraph:

“(i) Fair market value per acre—The term fair market value per acre means a dollar amount per acre that—

“(I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph;

“(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and

“(III) shall be not less than the greater of—

“(aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or

“(bb) $50.

“(ii) Industry standards—The term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling.

“(iii) Qualified federal land—The term qualified Federal land means land that is otherwise available for leasing under this Act.

“(iv) Qualified geothermal professional—The term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment.

“(v) Qualified lessee—The term qualified lessee means a person who may hold a geothermal lease under this Act (including applicable regulations).

“(vi) Valid discovery—The term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards.

“(B) Authority—An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if—

“(i) the area of qualified Federal land—

“(I) consists of not less than 1 acre and not more than 640 acres; and

“(II) is not already leased under this Act or nominated to be leased under subsection (a);

“(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and

“(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that—

“(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and

“(II) that geothermal feature extends into the adjoining areas.

“(C) Determination of fair market value

“(i) In general—The Secretary shall—

“(I) publish a notice of any request to lease land under this paragraph;

“(II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary;

“(III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and

“(IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations).

“(ii) Limitation on nomination—After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn.

“(iii) Annual rental—For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale.

“(D) Regulations—Not later than 270 days after the date of the enactment of this paragraph, the Secretary shall issue regulations to carry out this paragraph.”

Sec. 2609 Savings clause

Notwithstanding any other provision of this subtitle, the Secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.

G Renewable Energy Grant program

Sec. 2701 Renewable energy grant program

(a)

Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a renewable energy program (in this section referred to as the “program”) under which the Secretary may award grants to covered entities to facilitate projects, in territories of the United States, described in subsection (c).

(b)

Applications— To be eligible for a grant under the program, a covered entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.

(c)

Grant uses—

(1)

In general— A covered entity receiving a grant under the program may use grant funds for a project, in territories of the United States—

(A)

to develop or construct a renewable energy system;

(B)

to carry out an activity to increase energy efficiency;

(C)

to develop or construct an energy storage system or device for—

(i)

a system developed or constructed under subparagraph (A); or

(ii)

an activity carried out under subparagraph (B);

(D)

to develop or construct—

(i)

a smart grid; or

(ii)

a microgrid; or

(E)

to train residents of territories of the United States to develop, construct, maintain, or operate a renewable energy system.

(2)

Limitation— A covered entity receiving a grant under the program may not use grant funds to develop or construct a facility that generates electricity using energy derived from—

(A)

fossil fuels; or

(B)

nuclear power.

(d)

Technical assistance— The Secretary shall ensure that Department of Energy national laboratories offer to provide technical assistance to each covered entity carrying out a project assisted with a grant under the program.

(e)

Report— Not later than two years after the establishment of the program, and on an annual basis thereafter, the Secretary shall submit to Congress a report containing—

(1)

an estimate of the amount of funds disbursed under the program;

(2)

an estimate of the energy conservation achieved as a result of the program;

(3)

a description of challenges encountered in implementing projects described in subsection (c)(1); and

(4)

recommendations as to additional legislative measures to increase the use of renewable energy in territories of the United States, as appropriate.

(f)

GAO study and report—

(1)

Study and report— Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall—

(A)

conduct a study regarding renewable energy and energy efficiency in territories of the United States; and

(B)

submit to Congress a report containing—

(i)

the findings of the study; and

(ii)

related recommendations.

(2)

Components— The study conducted under paragraph (1) shall consider, in relation to territories of the United States, the potential—

(A)

to modify existing electric power systems to use renewable energy sources;

(B)

to expand the use of microgrids; and

(C)

to improve energy resiliency.

(g)

Definitions— In this section, the following definitions apply:

(1)

Covered entity— The term covered entity means a not-for-profit organization determined eligible by the Secretary for purposes of this section.

(2)

Department of energy national laboratories— The term Department of Energy national laboratories has the same meaning as the term National Laboratory under section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(3)

Microgrid— The term microgrid means an electric system—

(A)

that serves the local community with a power generation and distribution system; and

(B)

that has the ability—

(i)

to disconnect from a traditional electric grid; and

(ii)

to operate autonomously when disconnected.

(4)

Renewable energy; renewable energy system— The terms renewable energy and renewable energy system have the meanings given those terms in section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)).

(5)

Secretary— The term Secretary means the Secretary of Energy.

(6)

Smart grid— The term smart grid means an intelligent electric grid that uses digital communications technology, information systems, and automation to, while maintaining high system reliability—

(A)

detect and react to local changes in usage;

(B)

improve system operating efficiency; and

(C)

reduce spending costs.

(7)

Territory— The term territory means the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(h)

Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out this section.

H Other

Sec. 2801 Amendment to Energy Policy Act of 2005 definition of renewable energy

(a)

In general— Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended—

(1)

in subsection (b)(2), by striking “generated” and inserting “produced”; and

(2)

in subsection (c)—

(A)

by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately;

(B)

in the matter preceding subparagraph (A) (as so redesignated), by striking “For purposes” and inserting the following:

“(1) In general—For purposes”

(C)

by adding at the end the following:

“(2) Separate calculation

“(A) In general—For purposes of determining compliance with the requirement of this section, any energy consumption that is avoided through the use of geothermal energy shall be considered to be renewable energy produced.

“(B) Efficiency accounting—Energy consumption that is avoided through the use of geothermal energy that is considered to be renewable energy under this section shall not be considered energy efficiency for the purpose of compliance with Federal energy efficiency goals, targets, and incentives.”

(b)

Conforming amendment— Section 2410q(a) of title 10, United States Code, is amended by striking “section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2))” and inserting “section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))”.

Lineage

Oct 19, 2020viewing Referred in Senate Received; read twice and referred to the Committee on Energy and Natural Resources See what changed
Sep 24, 2020 Engrossed in House See what changed
Sep 20, 2019 Reported in House Mr. O'Halleran (for himself, Mr. Mullin, Mr. Lamb, and Mr. Norman) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned See what changed
Sep 20, 2019 Introduced in House Mr. O'Halleran (for himself, Mr. Mullin, Mr. Lamb, and Mr. Norman) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned