“(A) replacing”
“(B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires;”
“(20) Demand-response practices.—
“(A) In general.—Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.
“(B) Rate recovery.—
“(i) In general.—Each State regulatory authority shall consider establishing rate mechanisms allowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
“(ii) Nonregulated electric utilities.—A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).”
“(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 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 (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 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 (20) of section 111(d).”
“(g) Prior State Actions.—Subsections (b) and (c) 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 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.”
“(17) programs that promote the installation and use of demand-response technology and demand-response practices; and”
“(C) to reduce energy consumption during periods of unusually high electricity or natural gas demand.”
; and
“(vii) promote the installation of demand-response technology and the use of demand-response practices in Federal buildings.”
“(i) is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or
“(ii) is expected to experience such energy transmission capacity constraints or congestion.”
“(F) the designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid;
“(G) the designation—
“(i) maximizes existing rights-of-way; and
“(ii) avoids and minimizes, to the maximum extent practicable, and offsets to the extent appropriate and practicable, sensitive environmental areas and cultural heritage sites; and
“(H) the designation would result in a reduction in the cost to purchase electric energy for consumers.”
“(C) a State commission or other entity that has authority to approve the siting of the facilities—
“(i) has not made a determination on an application seeking approval pursuant to applicable law by the date that is 1 year after the later of—
“(I) the date on which the application was filed; and
“(II) the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a);
“(ii) has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible; or
“(iii) has denied an application seeking approval pursuant to applicable law;”
“(A) the date that is 1 year after the date on which the relevant application for the facility was filed; and
“(B) the date that is 1 year after the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a).”
“(9) In the case of data analytics that enable software to engage in Smart Grid functions, the documented purchase costs of the data analytics.
“(10) In the case of buildings, the documented expenses for devices and software, including for installation, that allow buildings to engage in demand flexibility or Smart Grid functions.
“(11) In the case of utility communications, operational fiber and wireless broadband communications networks to enable data flow between distribution system components.
“(12) In the case of advanced transmission technologies such as dynamic line rating, flow control devices, advanced conductors, network topology optimization, or other hardware, software, and associated protocols applied to existing transmission facilities that increase the operational transfer capacity of a transmission network, the documented expenditures to purchase and install those advanced transmission technologies.
“(13) In the case of extreme weather or natural disasters, the ability to redirect or shut off power to minimize blackouts and avoid further damage.”
; and
“(9) The ability to use data analytics and software-as-service to provide flexibility by improving the visibility of the electrical system to grid operators that can help quickly rebalance the electrical system with autonomous controls.
“(10) The ability to facilitate the aggregation or integration of distributed energy resources to serve as assets for the grid.
“(11) The ability to provide energy storage to meet fluctuating electricity demand, provide voltage support, and integrate intermittent generation sources, including vehicle-to-grid technologies.
“(12) The ability of hardware, software, and associated protocols applied to existing transmission facilities to increase the operational transfer capacity of a transmission network.
“(13) The ability to anticipate and mitigate impacts of extreme weather or natural disasters on grid resiliency.
“(14) The ability to facilitate the integration of renewable energy resources, electric vehicle charging infrastructure, and vehicle-to-grid technologies.
“(15) The ability to reliably meet increased demand from electric vehicles and the electrification of appliances and other sectors.”
“SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
“(a) Findings.—Congress”
“(b) Purpose.—It is”
; and
“(c) Definitions.—In this part:”
“SEC. 366. STATE ENERGY SECURITY PLANS.
“(a) Definitions.—In this section:
“(1) Bulk-power system.—The term ‘bulk-power system’ has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
“(2) State energy security plan.—The term ‘State energy security plan’ means a State energy security plan described in subsection (b).
“(b) Financial Assistance for State Energy Security Plans.—Federal financial assistance made available to a State under this part may be used for the development, implementation, review, and revision of a State energy security plan that—
“(1) assesses the existing circumstances in the State; and
“(2) proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in the State—
“(A) to secure the energy infrastructure of the State against all physical and cybersecurity threats;
“(B)
(i) to mitigate the risk of energy supply disruptions to the State; and
“(ii) to enhance the response to, and recovery from, energy disruptions; and
“(C) to ensure that the State has reliable, secure, and resilient energy infrastructure.
“(c) Contents of Plan.—A State energy security plan shall—
“(1) address all energy sources and regulated and unregulated energy providers;
“(2) provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use;
“(3) address potential hazards to each energy sector or system, including—
“(A) physical threats and vulnerabilities; and
“(B) cybersecurity threats and vulnerabilities;
“(4) provide a risk assessment of energy infrastructure and cross-sector interdependencies;
“(5) provide a risk mitigation approach to enhance reliability and end-use resilience; and
“(6)
(A) address—
“(i) multi-State and regional coordination, planning, and response; and
“(ii) coordination with Indian Tribes with respect to planning and response; and
“(B) to the extent practicable, encourage mutual assistance in cyber and physical response plans.
“(d) Coordination.—In developing or revising a State energy security plan, the State energy office of the State shall coordinate, to the extent practicable, with—
“(1) the public utility or service commission of the State;
“(2) energy providers from the private and public sectors; and
“(3) other entities responsible for—
“(A) maintaining fuel or electric reliability; and
“(B) securing energy infrastructure.
“(e) Financial Assistance.—A State is not eligible to receive Federal financial assistance under this part for any purpose for a fiscal year unless the Governor of the State submits to the Secretary, with respect to that fiscal year—
“(1) a State energy security plan that meets the requirements of subsection (c); or
“(2) after an annual review, carried out by the Governor, of a State energy security plan—
“(A) any necessary revisions to the State energy security plan; or
“(B) a certification that no revisions to the State energy security plan are necessary.
“(f) Technical Assistance.—On request of the Governor of a State, the Secretary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and other assistance in the development, implementation, or revision of a State energy security plan.
“(g) Requirement.—Each State receiving Federal financial assistance under this part shall provide reasonable assurance to the Secretary that the State has established policies and procedures designed to assure that the financial assistance will be used—
“(1) to supplement, and not to supplant, State and local funds; and
“(2) to the maximum extent practicable, to increase the amount of State and local funds that otherwise would be available, in the absence of the Federal financial assistance, for the implementation of a State energy security plan.
“(h) Protection of Information.—Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system—
“(1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and
“(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
“(i) Sunset.—The requirements of this section shall expire on October 31, 2025.”
“Sec. 361. Findings; purpose; definitions.”; and
“Sec. 366. State energy security plans.”.
“(7) the mandatory conduct of activities to support transmission and distribution planning, including—
“(A) support for local governments and Indian Tribes;
“(B) feasibility studies for transmission line routes and alternatives;
“(C) preparation of necessary project design and permits; and
“(D) outreach to affected stakeholders.”
“(3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles;”
“(f) Authorization of Appropriations.—
“(1) In general.—There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026.
“(2) Distribution.—Amounts made available under paragraph (1)—
“(A) shall be distributed to the States in accordance with the applicable distribution formula in effect on January 1, 2021; and
“(B) shall not be subject to the matching requirement described in the first proviso of the matter under the heading ‘energy conservation’ under the heading ‘DEPARTMENT OF ENERGY’ in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a).”
“(A) at”
; and
“(B) 1 project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid, in accordance with paragraph (3).”
“(3) Demonstration of electric vehicle battery second-life applications for grid services.—
“(A) In general.—The Secretary shall enter into an agreement to carry out a project to demonstrate second- life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid.
“(B) Purposes.—The purposes of the project under subparagraph (A) shall be—
“(i) to demonstrate power safety and the reliability of the applications demonstrated under the program;
“(ii) to demonstrate the ability of electric vehicle batteries—
“(I) to provide ancillary services for grid stability and management; and
“(II) to reduce the peak loads of homes and businesses;
“(iii) to extend the useful life of electric vehicle batteries and the components of electric vehicle batteries prior to the collection, recycling, and reprocessing of the batteries and components; and
“(iv) to increase acceptance of, and participation in, the use of second-life applications of electric vehicle batteries by utilities.
“(C) Priority.—In selecting a project to carry out under subparagraph (A), the Secretary shall give priority to projects in which the demonstration of the applicable second-life applications is paired with 1 or more facilities that could particularly benefit from increased resiliency and lower energy costs, such as a multi-family affordable housing facility, a senior care facility, and a community health center.”
“SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.
“(a) Definitions.—In this section:
“(1) Advanced cybersecurity technology.—The term ‘advanced cybersecurity technology’ means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)).
“(2) Advanced cybersecurity technology information.—The term ‘advanced cybersecurity technology information’ means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency.
“(b) Study.—Not later than 180 days after the date of enactment of this section, the Commission, in consultation with the Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the National Association of Regulatory Utility Commissioners, shall conduct a study to identify incentive-based, including performance-based, rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the Commission that could be used to encourage—
“(1) investment by public utilities in advanced cybersecurity technology; and
“(2) participation by public utilities in cybersecurity threat information sharing programs.
“(c) Incentive-Based Rate Treatment.—Not later than 1 year after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performance-based, rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging—
“(1) investments by public utilities in advanced cybersecurity technology; and
“(2) participation by public utilities in cybersecurity threat information sharing programs.
“(d) Factors for Consideration.—In issuing a rule pursuant to this section, the Commission may provide additional incentives beyond those identified in subsection (c) in any case in which the Commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce cybersecurity risks to—
“(1) defense critical electric infrastructure (as defined in section 215A(a)) and other facilities subject to the jurisdiction of the Commission that are critical to public safety, national defense, or homeland security, as determined by the Commission in consultation with—
“(A) the Secretary of Energy;
“(B) the Secretary of Homeland Security; and
“(C) other appropriate Federal agencies; and
“(2) facilities of small or medium-sized public utilities with limited cybersecurity resources, as determined by the Commission.
“(e) Ratepayer Protection.—
“(1) In general.—Any rate approved under a rule issued pursuant to this section, including any revisions to that rule, shall be subject to the requirements of sections 205 and 206 that all rates, charges, terms, and conditions—
“(A) shall be just and reasonable; and
“(B) shall not be unduly discriminatory or preferential.
“(2) Prohibition of duplicate recovery.—Any rule issued pursuant to this section shall preclude rate treatments that allow unjust and unreasonable double recovery for advanced cybersecurity technology.
“(f) Single-Issue Rate Filings.—The Commission shall permit public utilities to apply for incentive-based rate treatment under a rule issued under this section on a single-issue basis by submitting to the Commission a tariff schedule under section 205 that permits recovery of costs and incentives over the depreciable life of the applicable assets, without regard to changes in receipts or other costs of the public utility.
“(g) Protection of Information.—Advanced cybersecurity technology information that is provided to, generated by, or collected by the Federal Government under subsection (b), (c), or (f) shall be considered to be critical electric infrastructure information under section 215A.”
“(4) Abandoned mine land and mine waste component.—
“(A) In general.—The geologic mapping program shall include an abandoned mine land and mine waste geologic mapping component, the objective of which shall be to establish the geologic framework of abandoned mine land and other land containing mine waste.
“(B) Mapping priorities.—For the component described in subparagraph (A), the priority shall be mapping abandoned mine land and other land containing mine waste where multiple critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) and metal commodities are anticipated to be present, rather than single mineral resources.”
“(4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) ore bodies for use in provenance tracking frameworks.”
“(c) Rare Earth Demonstration Facility.—
“(1) Establishment.—In coordination with the research program under subsection (a)(1)(A), the Secretary shall fund, through an agreement with an academic partner, the design, construction, and build-out of a facility to demonstrate the commercial feasibility of a full-scale integrated rare earth element extraction and separation facility and refinery.
“(2) Facility activities.—The facility established under paragraph (1) shall—
“(A) provide environmental benefits through use of feedstock derived from acid mine drainage, mine waste, or other deleterious material;
“(B) separate mixed rare earth oxides into pure oxides of each rare earth element;
“(C) refine rare earth oxides into rare earth metals; and
“(D) provide for separation of rare earth oxides and refining into rare earth metals at a single site.
“(3) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out this subsection $140,000,000 for fiscal year 2022, to remain available until expended.”
“(k) Electric Drive Vehicle Battery Second-Life Applications and Recycling.—
“(1) Definitions.—In this subsection:
“(A) Battery recycling and second-life applications program.—The term ‘battery recycling and second-life applications program’ means the electric drive vehicle battery recycling and second-life applications program established under paragraph (3).
“(B) Critical material.—The term ‘critical material’ has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
“(C) 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)).
“(D) Electric drive vehicle battery.—The term ‘electric drive vehicle battery’ means any battery that is a motive power source for an electric drive vehicle.
“(E) Eligible entity.—The term ‘eligible entity’ means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
“(2) Program.—The Secretary shall carry out a program of research, development, and demonstration of—
“(A) second-life applications for electric drive vehicle batteries that have been used to power electric drive vehicles; and
“(B) technologies and processes for final recycling and disposal of the devices described in subparagraph (A).
“(3) Electric drive vehicle battery recycling and second-life applications.—
“(A) In general.—In carrying out the program under paragraph (2), the Secretary shall establish an electric drive vehicle battery recycling and second-life applications program under which the Secretary shall—
“(i) award grants under subparagraph (D); and
“(ii) carry out other activities in accordance with this paragraph.
“(B) Purposes.—The purposes of the battery recycling and second-life applications program are the following:
“(i) To improve the recycling rates and second-use adoption rates of electric drive vehicle batteries.
“(ii) To optimize the design and adaptability of electric drive vehicle batteries to make electric drive vehicle batteries more easily recyclable.
“(iii) To establish alternative supply chains for critical materials that are found in electric drive vehicle batteries.
“(iv) To reduce the cost of manufacturing, installation, purchase, operation, and maintenance of electric drive vehicle batteries.
“(v) To improve the environmental impact of electric drive vehicle battery recycling processes.
“(C) Targets.—In carrying out the battery recycling and second-life applications program, the Secretary shall address near-term (up to 2 years), mid-term (up to 5 years), and long-term (up to 10 years) challenges to the recycling of electric drive vehicle batteries.
“(D) Grants.—
“(i) In general.—In carrying out the battery recycling and second-life applications program, the Secretary shall award multiyear grants on a competitive, merit-reviewed basis to eligible entities—
“(I) to conduct research, development, testing, and evaluation of solutions to increase the rate and productivity of electric drive vehicle battery recycling; and
“(II) for research, development, and demonstration projects to create innovative and practical approaches to increase the recycling and second-use of electric drive vehicle batteries, including by addressing—
“(aa) technology to increase the efficiency of electric drive vehicle battery recycling and maximize the recovery of critical materials for use in new products;
“(bb) expanded uses for critical materials recovered from electric drive vehicle batteries;
“(cc) product design and construction to facilitate the disassembly and recycling of electric drive vehicle batteries;
“(dd) product design and construction and other tools and techniques to extend the lifecycle of electric drive vehicle batteries, including methods to promote the safe second-use of electric drive vehicle batteries;
“(ee) strategies to increase consumer acceptance of, and participation in, the recycling of electric drive vehicle batteries;
“(ff) improvements and changes to electric drive vehicle battery chemistries that include ways to decrease processing costs for battery recycling without sacrificing front-end performance;
“(gg) second-use of electric drive vehicle batteries, including in applications outside of the automotive industry; and
“(hh) the commercialization and scale-up of electric drive vehicle battery recycling technologies.
“(ii) Priority.—In awarding grants under clause (i), the Secretary shall give priority to projects that—
“(I) are located in geographically diverse regions of the United States;
“(II) include business commercialization plans that have the potential for the recycling of electric drive vehicle batteries at high volumes;
“(III) support the development of advanced manufacturing technologies that have the potential to improve the competitiveness of the United States in the international electric drive vehicle battery manufacturing sector;
“(IV) provide the greatest potential to reduce costs for consumers and promote accessibility and community implementation of demonstrated technologies;
“(V) increase disclosure and transparency of information to consumers;
“(VI) support the development or demonstration of projects in economically distressed areas; and
“(VII) support other relevant priorities, as determined to be appropriate by the Secretary.
“(iii) Solicitation.—Not later than 90 days after the date of enactment of the Infrastructure Investment and Jobs Act, and annually thereafter, the Secretary shall conduct a national solicitation for applications for grants described in clause (i).
“(iv) Dissemination of results.—The Secretary shall publish the results of the projects carried out through grants awarded under clause (i) through—
“(I) best practices relating to those grants, for use in the electric drive vehicle battery manufacturing, design, installation, refurbishing, or recycling industries;
“(II) coordination with information dissemination programs relating to general recycling of electronic devices; and
“(III) educational materials for the public, produced in conjunction with State and local governments or nonprofit organizations, on the problems and solutions relating to the recycling and second-life applications of electric drive vehicle batteries.
“(E) Coordination with other programs of the department.—In carrying out the battery recycling and second-life applications program, the Secretary shall coordinate and leverage the resources of complementary efforts of the Department.
“(F) Study and report.—
“(i) Study.—The Secretary shall conduct a study on the viable market opportunities available for the recycling, second-use, and manufacturing of electric drive vehicle batteries in the United States.
“(ii) Report.—Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and any other relevant committee of Congress a report containing the results of the study under clause (i), including a description of—
“(I) the ability of relevant businesses or other entities to competitively manufacture electric drive vehicle batteries and recycle electric drive vehicle batteries in the United States;
“(II) any existing electric drive vehicle battery recycling and second-use practices and plans of electric drive vehicle manufacturing companies in the United States;
“(III) any barriers to electric drive vehicle battery recycling in the United States;
“(IV) opportunities and barriers in electric drive vehicle battery supply chains in the United States and internationally, including with allies and trading partners;
“(V) opportunities for job creation in the electric drive vehicle battery recycling and manufacturing fields and the necessary skills employees must acquire for growth of those fields in the United States;
“(VI) policy recommendations for enhancing electric drive vehicle battery manufacturing and recycling in the United States;
“(VII) any recommendations for lowering logistics costs and creating better coordination and efficiency with respect to the removal, collection, transportation, storage, and disassembly of electric drive vehicle batteries;
“(VIII) any recommendations for areas of coordination with other Federal agencies to improve electric drive vehicle battery recycling rates in the United States;
“(IX) an aggressive 2-year target and plan, the implementation of which shall begin during the 90-day period beginning on the date on which the report is submitted, to enhance the competitiveness of electric drive vehicle battery manufacturing and recycling in the United States; and
“(X) needs for future research, development, and demonstration projects in electric drive vehicle battery manufacturing, recycling, and related areas, as determined by the Secretary.
“(G) Evaluation.—Not later than 3 years after the date on which the report under subparagraph (F)(ii) is submitted, and every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the grants awarded under subparagraph (D) in meeting the recommendations and targets included in the report.”
; and
“(6) the electric drive vehicle battery recycling and second-life applications program under subsection (k) $200,000,000 for the period of fiscal years 2022 through 2026.”
“(3) to develop or obtain, in coordination with other applicable Federal agencies and standard-setting organizations, standards and certifications, as appropriate, to facilitate the commercialization of the products and technologies described in paragraph (2);”
“(2) Grant program.—
“(A) In general.—Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D).
“(B) Eligible entities.—To be eligible to receive a grant under this paragraph, an entity shall be—
“(i) a State;
“(ii) a unit of local government; or
“(iii) a public utility or agency.
“(C) Applications.—Eligible entities desiring a grant under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
“(D) Use of funds.—An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that—
“(i) use or are derived from anthropogenic carbon oxides; and
“(ii) demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products.”
; and
“(d) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary to carry out this section—
“(1) $41,000,000 for fiscal year 2022;
“(2) $65,250,000 for fiscal year 2023;
“(3) $66,562,500 for fiscal year 2024;
“(4) $67,940,625 for fiscal year 2025; and
“(5) $69,387,656 for fiscal year 2026.”
“(E) a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture, utilization, and storage technologies.”
; and
“(E) for activities under the front-end engineering and design program described in subsection (b)(2)(E), $100,000,000 for the period of fiscal years 2022 through 2026.”
“Subtitle J— Carbon Dioxide Transportation Infrastructure Finance and Innovation
“SEC. 999A. DEFINITIONS.
“In this subtitle:
“(1) CIFIA program.—The term ‘CIFIA program’ means the carbon dioxide transportation infrastructure finance and innovation program established under section 999B(a).
“(2) Common carrier.—The term ‘common carrier’ means a transportation infrastructure operator or owner that—
“(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and
“(B) holds itself out to provide transportation services to the public for a fee.
“(3) Contingent commitment.—The term ‘contingent commitment’ means a commitment to obligate funds from future available budget authority that is—
“(A) contingent on those funds being made available in law at a future date; and
“(B) not an obligation of the Federal Government.
“(4) Eligible project costs.—The term ‘eligible project costs’ means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including—
“(A) the cost of—
“(i) development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
“(ii) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition and installation of equipment (including labor); and
“(iii) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and
“(B) transaction costs associated with financing the project, including—
“(i) the cost of legal counsel and technical consultants; and
“(ii) any subsidy amount paid in accordance with section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii).
“(5) Federal credit instrument.—The term ‘Federal credit instrument’ means a secured loan or loan guarantee authorized to be provided under the CIFIA program with respect to a project.
“(6) Lender.—The term ‘lender’ means a qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), that is not a Federal qualified institutional buyer.
“(7) Letter of interest.—The term ‘letter of interest’ means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that—
“(A) describes the project and the location, purpose, and cost of the project;
“(B) outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor;
“(C) provides a status of environmental review; and
“(D) provides information regarding satisfaction of other eligibility requirements of the CIFIA program.
“(8) Loan guarantee.—The term ‘loan guarantee’ means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan made to an obligor, or debt obligation issued by an obligor, in each case funded by a lender.
“(9) Master credit agreement.—The term ‘master credit agreement’ means a conditional agreement that—
“(A) is for the purpose of extending credit assistance for—
“(i) a project of high priority under section 999B(c)(3)(A); or
“(ii) a project covered under section 999B(c)(3)(B);
“(B) does not provide for a current obligation of Federal funds; and
“(C) would—
“(i) make a contingent commitment of a Federal credit instrument or grant at a future date, subject to—
“(I) the availability of future funds being made available to carry out the CIFIA program; and
“(II) the satisfaction of all conditions for the provision of credit assistance under the CIFIA program, including section 999C(b);
“(ii) establish the maximum amounts and general terms and conditions of the Federal credit instruments or grants;
“(iii) identify the 1 or more revenue sources that will secure the repayment of the Federal credit instruments;
“(iv) provide for the obligation of funds for the Federal credit instruments or grants after all requirements have been met for the projects subject to the agreement, including—
“(I) compliance with all applicable requirements specified under the CIFIA program, including sections 999B(d) and 999C(b)(1); and
“(II) the availability of funds to carry out the CIFIA program; and
“(v) require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than 4 years after the date of entry into the agreement or release of the commitment, as applicable, unless otherwise extended by the Secretary.
“(10) Obligor.—The term ‘obligor’ means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity that is liable for payment of the principal of, or interest on, a Federal credit instrument.
“(11) Produced in the united states.—The term ‘produced in the United States’, with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States.
“(12) Project.—The term ‘project’ means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate.
“(13) Project obligation.—The term ‘project obligation’ means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument.
“(14) Secured loan.—The term ‘secured loan’ means a direct loan to an obligor or a debt obligation issued by an obligor and purchased by the Secretary, in each case funded by the Secretary in connection with the financing of a project under section 999C.
“(15) Subsidy amount.—The term ‘subsidy amount’ means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument—
“(A) calculated on a net present value basis; and
“(B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
“(16) Substantial completion.—The term ‘substantial completion’, with respect to a project, means the date—
“(A) on which the project commences transportation of carbon dioxide; or
“(B) of a comparable event to the event described in subparagraph (A), as determined by the Secretary and specified in the project credit agreement.
“SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
“(a) Establishment of Program.—The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle—
“(1) a Federal credit instrument under section 999C;
“(2) a grant under section 999D; or
“(3) both a Federal credit instrument and a grant.
“(b) Eligibility.—
“(1) In general.—A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if—
“(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and
“(B) the project meets the criteria described in this subsection.
“(2) Creditworthiness.—
“(A) In general.—Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B).
“(B) Reasonable prospect of repayment.—The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of—
“(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);
“(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;
“(iii) the projected financial strength of the obligor—
“(I) at the time of loan close; and
“(II) throughout the loan term, including after the project is completed;
“(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and
“(v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.
“(3) Applications.—To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
“(4) Eligible project costs.—A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000.
“(5) Revenue sources.—The applicable Federal credit instrument shall be repayable, in whole or in part, from—
“(A) user fees;
“(B) payments owing to the obligor under a public-private partnership; or
“(C) other revenue sources that also secure or fund the project obligations.
“(6) Obligor will be identified later.—A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be—
“(A) the obligor; and
“(B) identified at a later date through completion of a procurement and selection of the private party.
“(7) Beneficial effects.—The Secretary shall determine that financial assistance for each project under the CIFIA program will—
“(A) attract public or private investment for the project; or
“(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project.
“(8) Project readiness.—To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program.
“(c) Selection Among Eligible Projects.—
“(1) Establishment of application process.—The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may—
“(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and
“(B) receive grants under section 999D if—
“(i) adequate funds are available to cover the amount of the grant; and
“(ii) the Secretary determines that the project is eligible under subsection (b).
“(2) Priority.—In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that—
“(A) are large-capacity, common carrier infrastructure;
“(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air;
“(C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and
“(D) are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns.
“(3) Master credit agreements.—
“(A) Priority projects.—The Secretary may enter into a master credit agreement for a project that the Secretary determines—
“(i) will likely be eligible for credit assistance under subsection (b), on obtaining—
“(I) additional commitments from associated carbon capture projects to use the project; or
“(II) all necessary permits and approvals; and
“(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2).
“(B) Adequate funding not available.—If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect—
“(i)
(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and
“(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or
“(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
“(d) Federal Requirements.—
“(1) In general.—Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations).
“(2) NEPA.—Federal credit assistance may only be provided under this subtitle for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(e) Use of American Iron, Steel, and Manufactured Goods.—
“(1) In general.—Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States.
“(2) Exceptions.—Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that—
“(A) the application would be inconsistent with the public interest;
“(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or
“(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent.
“(3) Waivers.—If the Secretary receives a request for a waiver under this subsection, the Secretary shall—
“(A) make available to the public a copy of the request, together with any information available to the Secretary concerning the request—
“(i) on an informal basis; and
“(ii) by electronic means, including on the official public website of the Department;
“(B) allow for informal public comment relating to the request for not fewer than 15 days before making a determination with respect to the request; and
“(C) approve or disapprove the request by not later than the date that is 120 days after the date of receipt of the request.
“(4) Applicability.—This subsection shall be applied in accordance with any applicable obligations of the United States under international agreements.
“(f) Application Processing Procedures.—
“(1) Notice of complete application.—Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether—
“(A) the application is complete; or
“(B) additional information or materials are needed to complete the application.
“(2) Approval or denial of application.—Not later than 60 days after the date of issuance of a written notice under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application.
“(g) Development-phase Activities.—Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 999A(4)(A).
“SEC. 999C. SECURED LOANS.
“(a) Agreements.—
“(1) In general.—Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which—
“(A) shall be used—
“(i) to finance eligible project costs of any project selected under section 999B;
“(ii) to refinance interim construction financing of eligible project costs of any project selected under section 999B; or
“(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—
“(I) is selected under section 999B; or
“(II) otherwise meets the requirements of that section; and
“(B) may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection.
“(2) Risk assessment.—Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 999B(b)(2).
“(b) Terms and Limitations.—
“(1) In general.—A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate.
“(2) Maximum amount.—The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs.
“(3) Payment.—A secured loan under this section shall be payable, in whole or in part, from—
“(A) user fees;
“(B) payments owing to the obligor under a public-private partnership; or
“(C) other revenue sources that also secure or fund the project obligations.
“(4) Interest rate.—
“(A) In general.—Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.
“(B) Limited buydowns.—
“(i) In general.—Subject to clause (iii), the Secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause (ii), if the interest rate has increased during the period—
“(I) beginning on, as applicable—
“(aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or
“(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and
“(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan.
“(ii) Description of interest rate.—The interest rate referred to in clause (i) is the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan in effect, as applicable to the project that is the subject of the secured loan, on—
“(I) the date described in clause (i)(I)(aa); or
“(II) the date described in clause (i)(I)(bb).
“(iii) Limitation.—The interest rate of a secured loan may not be lowered pursuant to clause (i) by more than 1½ percentage points (150 basis points).
“(5) Maturity date.—The final maturity date of the secured loan shall be the earlier of—
“(A) the date that is 35 years after the date of substantial completion of the project; and
“(B) if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset.
“(6) Nonsubordination.—
“(A) In general.—Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
“(B) Preexisting indenture.—
“(i) In general.—The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if—
“(I) the secured loan is rated in the A category or higher; and
“(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues.
“(ii) Limitation.—If the Secretary waives the nonsubordination requirement under this subparagraph—
“(I) the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and
“(II) the obligor shall be responsible for paying the remainder of the subsidy amount, if any.
“(7) Fees.—
“(A) In general.—The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $3,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument.
“(B) Amendment to add cost of fees to secured loan.—If the Secretary collects a fee from an obligor under subparagraph (A) to cover all or a portion of the costs to the Federal Government of providing a secured loan, the obligor and the Secretary may amend the terms of the secured loan to add to the principal of the secured loan an amount equal to the amount of the fee collected by the Secretary.
“(8) Maximum federal involvement.—The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 999D, shall not exceed an amount equal to 80 percent of the eligible project costs.
“(c) Repayment.—
“(1) Schedule.—The Secretary shall establish a repayment schedule for each secured loan under this section based on—
“(A) the projected cash flow from project revenues and other repayment sources; and
“(B) the useful life of the project.
“(2) Commencement.—Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project.
“(3) Deferred payments.—
“(A) In general.—If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
“(B) Interest.—Any payment deferred under subparagraph (A) shall—
“(i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and
“(ii) be scheduled to be amortized over the remaining term of the loan.
“(C) Criteria.—
“(i) In general.—Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary.
“(ii) Repayment standards.—The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment.
“(4) Prepayment.—
“(A) Use of excess revenues.—Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty.
“(B) Use of proceeds of refinancing.—A secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources.
“(d) Sale of Secured Loans.—
“(1) In general.—Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.
“(2) Consent of obligor.—In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor.
“(e) Loan Guarantees.—
“(1) In general.—The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan.
“(2) Terms.—The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary.
“SEC. 999D. FUTURE GROWTH GRANTS.
“(a) Establishment.—The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between—
“(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and
“(2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset.
“(b) Eligibility.—To be eligible to receive a grant under this section, an entity shall—
“(1) be eligible to receive credit assistance under the CIFIA program;
“(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and
“(3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
“(c) Use of Funds.—A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2).
“(d) Maximum Amount.—The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a).
“SEC. 999E. PROGRAM ADMINISTRATION.
“(a) Requirement.—The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program.
“(b) Fees.—If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs.
“(c) Servicer.—
“(1) In general.—The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments.
“(2) Duties.—A servicer appointed under paragraph (1) shall act as the agent for the Secretary.
“(3) Fee.—A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary.
“(d) Assistance From Expert Firms.—The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.
“(e) Expedited Processing.—The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program.
“SEC. 999F. STATE AND LOCAL PERMITS.
“The provision of credit assistance under the CIFIA program with respect to a project shall not—
“(1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project;
“(2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or
“(3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project.
“SEC. 999G. REGULATIONS.
“The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program.
“SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CONTRACT AUTHORITY.
“(a) Authorization of Appropriations.—
“(1) In general.—There are authorized to be appropriated to the Secretary to carry out this subtitle—
“(A) $600,000,000 for each of fiscal years 2022 and 2023; and
“(B) $300,000,000 for each of fiscal years 2024 through 2026.
“(2) Spending and borrowing authority.—Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis.
“(3) Reestimates.—If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).
“(4) Administrative costs.—Of the amounts made available to carry out the CIFIA program, the Secretary may use not more than $9,000,000 (as indexed for United States dollar inflation from the date of enactment of the Infrastructure Investment and Jobs Act (as measured by the Consumer Price Index)) each fiscal year for the administration of the CIFIA program.
“(b) Contract Authority.—
“(1) In general.—Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment.
“(2) Availability.—Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.”
“Subtitle J— Carbon Dioxide Transportation Infrastructure Finance and Innovation
“Sec. 999A. Definitions.
“Sec. 999B. Determination of eligibility and project selection.
“Sec. 999C. Secured loans.
“Sec. 999D. Future growth grants.
“Sec. 999E. Program administration.
“Sec. 999F. State and local permits.
“Sec. 999G. Regulations.
“Sec. 999H. Authorization of appropriations; contract authority.”; and
“Sec. 969B. High efficiency turbines.”.
“(I) evaluating the quantity, location, and timing of geologic carbon storage deployment that may be needed, and developing strategies and resources to enable the deployment.”
“(e) Large-scale Carbon Storage Commercialization Program.—
“(1) In general.—The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development.
“(2) Applications; selection.—
“(A) In general.—To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
“(B) Application process.—The Secretary shall establish an application process that, to the maximum extent practicable—
“(i) is open to projects at any stage of development described in paragraph (1); and
“(ii) facilitates expeditious development of projects described in that paragraph.
“(C) Project selection.—In selecting projects for funding under paragraph (1), the Secretary shall give priority to—
“(i) projects with substantial carbon dioxide storage capacity; or
“(ii) projects that will store carbon dioxide from multiple carbon capture facilities.”
“(h) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $2,500,000,000 for the period of fiscal years 2022 through 2026.”
“(r) Carbon Dioxide Stream.—
“(1) In general.—The term ‘carbon dioxide stream’ means carbon dioxide that—
“(A) has been captured; and
“(B) consists overwhelmingly of—
“(i) carbon dioxide plus incidental associated substances derived from the source material or capture process; and
“(ii) any substances added to the stream for the purpose of enabling or improving the injection process.
“(2) Exclusions.—The term ‘carbon dioxide stream’ does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal.
“(s) Carbon Sequestration.—The term ‘carbon sequestration’ means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical, chemical, or biological processes that can prevent the carbon dioxide from reaching the atmosphere.”
“(E) provide for, support, or are directly related to the injection of a carbon dioxide stream into sub-seabed geologic formations for the purpose of long-term carbon sequestration.”
“(j) Regional Direct Air Capture Hubs.—
“(1) Definitions.—In this subsection:
“(A) Eligible project.—The term ‘eligible project’ means a direct air capture project or a component project of a regional direct air capture hub.
“(B) Regional direct air capture hub.—The term ‘regional direct air capture hub’ means a network of direct air capture projects, potential carbon dioxide utilization off-takers, connective carbon dioxide transport infrastructure, subsurface resources, and sequestration infrastructure located within a region.
“(2) Establishment of program.—
“(A) In general.—The Secretary shall establish a program under which the Secretary shall provide funding for eligible projects that contribute to the development of 4 regional direct air capture hubs described in subparagraph (B).
“(B) Regional direct air capture hubs.—Each of the 4 regional direct air capture hubs developed under the program under subparagraph (A) shall be a regional direct air capture hub that—
“(i) facilitates the deployment of direct air capture projects;
“(ii) has the capacity to capture and sequester, utilize, or sequester and utilize at least 1,000,000 metric tons of carbon dioxide from the atmosphere annually from a single unit or multiple interconnected units;
“(iii) demonstrates the capture, processing, delivery, and sequestration or end-use of captured carbon; and
“(iv) could be developed into a regional or interregional carbon network to facilitate sequestration or carbon utilization.
“(3) Selection of projects.—
“(A) Solicitation of proposals.—
“(i) In general.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall solicit applications for funding for eligible projects.
“(ii) Additional solicitations.—The Secretary shall solicit applications for funding for eligible projects on a recurring basis after the first round of applications is received under clause (i) until all amounts appropriated to carry out this subsection are expended.
“(B) Selection of projects for the development of regional direct air capture hubs.—Not later than 3 years after the date of the deadline for the submission of proposals under subparagraph (A)(i), the Secretary shall select eligible projects described in paragraph (2)(A).
“(C) Criteria.—The Secretary shall select eligible projects under subparagraph (B) using the following criteria:
“(i) Carbon intensity of local industry.—To the maximum extent practicable, each eligible project shall be located in a region with—
“(I) existing carbon-intensive fuel production or industrial capacity; or
“(II) carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding 10 years.
“(ii) Geographic diversity.—To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States.
“(iii) Carbon potential.—To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization.
“(iv) Hubs in fossil-producing regions.—To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources.
“(v) Scalability.—The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere.
“(vi) Employment.—The Secretary shall give priority to eligible projects that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region.
“(vii) Additional criteria.—The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this subsection.
“(D) Coordination.—To the maximum extent practicable, in carrying out the program under this subsection, the Secretary shall take into account and coordinate with activities of the carbon capture technology program established under section 962(b)(1), the carbon storage validation and testing program established under section 963(b)(1), and the CIFIA program established under section 999B(a) such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture, removal, transport, sequestration, and utilization networks.
“(E) Funding of eligible projects.—The Secretary may make grants to, or enter into cooperative agreements or contracts with, each eligible project selected under subparagraph (B) to accelerate commercialization of, and demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the atmosphere.
“(4) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out this subsection $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.”
“(5) Portable; storage.—The terms ‘portable’ and ‘storage’, when”
“(1) Clean hydrogen; hydrogen.—The terms ‘clean hydrogen’ and ‘hydrogen’ mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section 822(a), including production from any fuel source.”
“(b) Goals.—The goals of the program shall be—
“(1) to advance research and development to demonstrate and commercialize the use of clean hydrogen in the transportation, utility, industrial, commercial, and residential sectors; and
“(2) to demonstrate a standard of clean hydrogen production in the transportation, utility, industrial, commercial, and residential sectors by 2040.”
“(e) Activities.—In carrying out the program, the Secretary, in partnership with the private sector, shall conduct activities to advance and support—
“(1) the establishment of a series of technology cost goals oriented toward achieving the standard of clean hydrogen production developed under section 822(a);
“(2) the production of clean hydrogen from diverse energy sources, including—
“(A) fossil fuels with carbon capture, utilization, and sequestration;
“(B) hydrogen-carrier fuels (including ethanol and methanol);
“(C) renewable energy resources, including biomass;
“(D) nuclear energy; and
“(E) any other methods the Secretary determines to be appropriate;
“(3) the use of clean hydrogen for commercial, industrial, and residential electric power generation;
“(4) the use of clean hydrogen in industrial applications, including steelmaking, cement, chemical feedstocks, and process heat;
“(5) the use of clean hydrogen for use as a fuel source for both residential and commercial comfort heating and hot water requirements;
“(6) the safe and efficient delivery of hydrogen or hydrogen-carrier fuels, including—
“(A) transmission by pipelines, including retrofitting the existing natural gas transportation infrastructure system to enable a transition to transport and deliver increasing levels of clean hydrogen, clean hydrogen blends, or clean hydrogen carriers;
“(B) tanks and other distribution methods; and
“(C) convenient and economic refueling of vehicles, locomotives, maritime vessels, or planes—
“(i) at central refueling stations; or
“(ii) through distributed onsite generation;
“(7) advanced vehicle, locomotive, maritime vessel, or plane technologies, including—
“(A) engine and emission control systems;
“(B) energy storage, electric propulsion, and hybrid systems;
“(C) automotive, locomotive, maritime vessel, or plane materials; and
“(D) other advanced vehicle, locomotive, maritime vessel, or plane technologies;
“(8) storage of hydrogen or hydrogen-carrier fuels, including the development of materials for safe and economic storage in gaseous, liquid, or solid form;
“(9) the development of safe, durable, affordable, and efficient fuel cells, including fuel-flexible fuel cell power systems, improved manufacturing processes, high-temperature membranes, cost-effective fuel processing for natural gas, fuel cell stack and system reliability, low-temperature operation, and cold start capability;
“(10) the ability of domestic clean hydrogen equipment manufacturers to manufacture commercially available competitive technologies in the United States;
“(11) the use of clean hydrogen in the transportation sector, including in light-, medium-, and heavy-duty vehicles, rail transport, aviation, and maritime applications; and
“(12) in coordination with relevant agencies, the development of appropriate, uniform codes and standards for the safe and consistent deployment and commercialization of clean hydrogen production, processing, delivery, and end-use technologies.”
; and
“(j) Targets.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish targets for the program to 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 clean hydrogen systems and technologies.”
“Sec. 805. Clean hydrogen research and development program.”.
“SEC. 813. REGIONAL CLEAN HYDROGEN HUBS.
“(a) Definition of Regional Clean Hydrogen Hub.—In this section, the term ‘regional clean hydrogen hub’ means a network of clean hydrogen producers, potential clean hydrogen consumers, and connective infrastructure located in close proximity.
“(b) Establishment of Program.—The Secretary shall establish a program to support the development of at least 4 regional clean hydrogen hubs that—
“(1) demonstrably aid the achievement of the clean hydrogen production standard developed under section 822(a);
“(2) demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen; and
“(3) can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy.
“(c) Selection of Regional Clean Hydrogen Hubs.—
“(1) Solicitation of proposals.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall solicit proposals for regional clean hydrogen hubs.
“(2) Selection of hubs.—Not later than 1 year after the deadline for the submission of proposals under paragraph (1), the Secretary shall select at least 4 regional clean hydrogen hubs to be developed under subsection (b).
“(3) Criteria.—The Secretary shall select regional clean hydrogen hubs under paragraph (2) using the following criteria:
“(A) Feedstock diversity.—To the maximum extent practicable—
“(i) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels;
“(ii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from renewable energy; and
“(iii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from nuclear energy.
“(B) End-use diversity.—To the maximum extent practicable—
“(i) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the electric power generation sector;
“(ii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the industrial sector;
“(iii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the residential and commercial heating sector; and
“(iv) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the transportation sector.
“(C) Geographic diversity.—To the maximum extent practicable, each regional clean hydrogen hub—
“(i) shall be located in a different region of the United States; and
“(ii) shall use energy resources that are abundant in that region.
“(D) Hubs in natural gas-producing regions.—To the maximum extent practicable, at least 2 regional clean hydrogen hubs shall be located in the regions of the United States with the greatest natural gas resources.
“(E) Employment.—The Secretary shall give priority to regional clean hydrogen hubs that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region.
“(F) Additional criteria.—The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this title
“(4) Funding of regional clean hydrogen hubs.—The Secretary may make grants to each regional clean hydrogen hub selected under paragraph (2) to accelerate commercialization of, and demonstrate the production, processing, delivery, storage, and end-use of, clean hydrogen.
“(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $8,000,000,000 for the period of fiscal years 2022 through 2026.
“SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND ROADMAP.
“(a) Development.—
“(1) In general.—In carrying out the programs established under sections 805 and 813, the Secretary, in consultation with the heads of relevant offices of the Department, shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen.
“(2) Inclusions.—The national clean hydrogen strategy and roadmap developed under paragraph (1) shall focus on—
“(A) establishing a standard of hydrogen production that achieves the standard developed under section 822(a), including interim goals towards meeting that standard;
“(B)
(i) clean hydrogen production and use from natural gas, coal, renewable energy sources, nuclear energy, and biomass; and
“(ii) identifying potential barriers, pathways, and opportunities, including Federal policy needs, to transition to a clean hydrogen economy;
“(C) identifying—
“(i) economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist in the major shale natural gas-producing regions of the United States;
“(ii) economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist for merchant nuclear power plants operating in deregulated markets; and
“(iii) environmental risks associated with potential deployment of clean hydrogen technologies in those regions, and ways to mitigate those risks;
“(D) approaches, including substrategies, that reflect geographic diversity across the country, to advance clean hydrogen based on resources, industry sectors, environmental benefits, and economic impacts in regional economies;
“(E) identifying opportunities to use, and barriers to using, existing infrastructure, including all components of the natural gas infrastructure system, the carbon dioxide pipeline infrastructure system, end-use local distribution networks, end-use power generators, LNG terminals, industrial users of natural gas, and residential and commercial consumers of natural gas, for clean hydrogen deployment;
“(F) identifying the needs for and barriers and pathways to developing clean hydrogen hubs (including, where appropriate, clean hydrogen hubs coupled with carbon capture, utilization, and storage hubs) that—
“(i) are regionally dispersed across the United States and can leverage natural gas to the maximum extent practicable;
“(ii) can demonstrate the efficient production, processing, delivery, and use of clean hydrogen;
“(iii) include transportation corridors and modes of transportation, including transportation of clean hydrogen by pipeline and rail and through ports; and
“(iv) where appropriate, could serve as joint clean hydrogen and carbon capture, utilization, and storage hubs;
“(G) prioritizing activities that improve the ability of the Department to develop tools to model, analyze, and optimize single-input, multiple-output integrated hybrid energy systems and multiple-input, multiple-output integrated hybrid energy systems that maximize efficiency in providing hydrogen, high-value heat, electricity, and chemical synthesis services;
“(H) identifying the appropriate points of interaction between and among Federal agencies involved in the production, processing, delivery, storage, and use of clean hydrogen and clarifying the responsibilities of those Federal agencies, and potential regulatory obstacles and recommendations for modifications, in order to support the deployment of clean hydrogen; and
“(I) identifying geographic zones or regions in which clean hydrogen technologies could efficiently and economically be introduced in order to transition existing infrastructure to rely on clean hydrogen, in support of decarbonizing all relevant sectors of the economy.
“(b) Reports to Congress.—
“(1) In general.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall submit to Congress the clean hydrogen strategy and roadmap developed under subsection (a).
“(2) Updates.—The Secretary shall submit to Congress updates to the clean hydrogen strategy and roadmap under paragraph (1) not less frequently than once every 3 years after the date on which the Secretary initially submits the report and roadmap.
“SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECYCLING.
“(a) Clean Hydrogen Manufacturing Initiative.—
“(1) In general.—In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities (as determined by the Secretary) for research, development, and demonstration projects to advance new clean hydrogen production, processing, delivery, storage, and use equipment manufacturing technologies and techniques.
“(2) Priority.—In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable, shall give priority to clean hydrogen equipment manufacturing projects that—
“(A) increase efficiency and cost-effectiveness in—
“(i) the manufacturing process; and
“(ii) the use of resources, including existing energy infrastructure;
“(B) support domestic supply chains for materials and components;
“(C) identify and incorporate nonhazardous alternative materials for components and devices;
“(D) operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, or territories or freely associated States; or
“(E) are located in economically distressed areas of the major natural gas-producing regions of the United States.
“(3) Evaluation.—Not later than 3 years after the date of enactment of the Infrastructure Investment and Jobs Act, and not less frequently than once every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1).
“(b) Clean Hydrogen Technology Recycling Research, Development, and Demonstration Program.—
“(1) In general.—In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies, including by—
“(A) increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells;
“(B) minimizing environmental impacts from the recovery and disposal processes;
“(C) addressing any barriers to the research, development, demonstration, and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production, processing, delivery, storage, and use;
“(D) developing alternative materials, designs, manufacturing processes, and other aspects of clean hydrogen technologies;
“(E) developing alternative disassembly and resource recovery processes that enable efficient, cost-effective, and environmentally responsible disassembly of, and resource recovery from, clean hydrogen technologies; and
“(F) developing strategies to increase consumer acceptance of, and participation in, the recycling of fuel cells.
“(2) Dissemination of results.—The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1), including any educational and outreach materials developed by the projects.
“(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.
“SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
“(a) Definitions.—In this section:
“(1) Electrolysis.—The term ‘electrolysis’ means a process that uses electricity to split water into hydrogen and oxygen.
“(2) Electrolyzer.—The term ‘electrolyzer’ means a system that produces hydrogen using electrolysis.
“(3) Program.—The term ‘program’ means the program established under subsection (b).
“(b) Establishment.—Not later than 90 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a research, development, demonstration, commercialization, and deployment program for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers.
“(c) Goals.—The goals of the program are—
“(1) to reduce the cost of hydrogen produced using electrolyzers to less than $2 per kilogram of hydrogen by 2026; and
“(2) any other goals the Secretary determines are appropriate.
“(d) Demonstration Projects.—In carrying out the program, the Secretary shall fund demonstration projects—
“(1) to demonstrate technologies that produce clean hydrogen using electrolyzers; and
“(2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1).
“(e) Focus.—The program shall focus on research relating to, and the development, demonstration, and deployment of—
“(1) low-temperature electrolyzers, including liquid-alkaline electrolyzers, membrane-based electrolyzers, and other advanced electrolyzers, capable of converting intermittent sources of electric power to clean hydrogen with enhanced efficiency and durability;
“(2) high-temperature electrolyzers that combine electricity and heat to improve the efficiency of clean hydrogen production;
“(3) advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell;
“(4) new highly active, selective, and durable electrolyzer catalysts and electro-catalysts that—
“(A) greatly reduce or eliminate the need for platinum group metals; and
“(B) enable electrolysis of complex mixtures with impurities, including seawater;
“(5) modular electrolyzers for distributed energy systems and the bulk-power system (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)));
“(6) low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater;
“(7) improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow for scale-up and domestic manufacturing of electrolyzers at a high volume;
“(8) clean hydrogen storage technologies;
“(9) technologies that integrate hydrogen production with—
“(A) clean hydrogen compression and drying technologies;
“(B) clean hydrogen storage; and
“(C) transportation or stationary systems; and
“(10) integrated systems that combine hydrogen production with renewable power or nuclear power generation technologies, including hybrid systems with hydrogen storage.
“(f) Grants, Contracts, Cooperative Agreements.—
“(1) Grants.—In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c).
“(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 purpose of the program described in subsection (b).
“(3) Eligibility; applications.—
“(A) In general.—The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary.
“(B) Applications.—An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(g) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out the program $1,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.
“SEC. 817. LABORATORY MANAGEMENT.
“(a) In General.—The National Energy Technology Laboratory, the Idaho National Laboratory, and the National Renewable Energy Laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections 813 and 815.
“(b) Coordination; Clearinghouse.—In carrying out subsection (a), the National Energy Technology Laboratory shall—
“(1) coordinate with—
“(A) the Idaho National Laboratory, the National Renewable Energy Laboratory, and other National Laboratories in a cross-cutting manner;
“(B) institutions of higher education;
“(C) research institutes;
“(D) industrial researchers; and
“(E) international researchers; and
“(2) act as a clearinghouse to collect information from, and distribute information to, the National Laboratories and other entities described in subparagraphs (B) through (E) of paragraph (1).”
“SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
“(a) In General.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this title.
“(b) Requirements.—
“(1) In general.—The standard developed under subsection (a) shall—
“(A) support clean hydrogen production from each source described in section 805(e)(2);
“(B) define the term ‘clean hydrogen’ to mean hydrogen produced with a carbon intensity equal to or less than 2 kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced; and
“(C) take into consideration technological and economic feasibility.
“(2) Adjustment.—Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall—
“(A) determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and
“(B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment.
“(c) Application.—The standard developed under subsection (a) shall apply to clean hydrogen production from renewable, fossil fuel with carbon capture, utilization, and sequestration technologies, nuclear, and other fuel sources using any applicable production technology.”
“Sec. 813. Regional clean hydrogen hubs.
“Sec. 814. National clean hydrogen strategy and roadmap.
“Sec. 815. Clean hydrogen manufacturing and recycling.
“Sec. 816. Clean hydrogen electrolysis program.
“Sec. 817. Laboratory management.
“Sec. 818. Technology transfer
“Sec. 819. Miscellaneous provisions.
“Sec. 820. Cost sharing.
“Sec. 821. Savings clause.
“Sec. 822. Clean hydrogen production qualifications.”.
“(II) The agency may authorize the director to provide appropriate protections against dissemination described in clause (i) for a total period of not more than 30 years if the agency determines that the nature of the information protected against dissemination, including nuclear technology, could reasonably require an extended period of that protection to reach commercialization.”
“(5) Protection from disclosure.—
“(A) In general.—The Secretary”
; and
“(i) for up to 5 years after the date on which the information is developed; or
“(ii) for up to 30 years after the date on which the information is developed, if the Secretary determines that the nature of the technology under the transaction, including nuclear technology, could reasonably require an extended period of protection from disclosure to reach commercialization.
“(B) Extension during term.—The Secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph (A) in accordance with that subparagraph.”
“(g) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $125,000,000 for fiscal year 2022, to remain available until expended.”
“(c) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2022 to remain available until expended.”
“243. Hydroelectric efficiency improvement incentives.”.
“SEC. 247. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
“(a) Definition of Qualified Hydroelectric Facility.—In this section, the term ‘qualified hydroelectric facility’ means a hydroelectric project that—
“(1)
(A) is licensed by the Federal Energy Regulatory Commission; or
“(B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);
“(2) is placed into service before the date of enactment of this section; and
“(3)
(A) is in compliance with all applicable Federal, Tribal, and State requirements; or
“(B) would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section.
“(b) Incentive Payments.—The Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to—
“(1) improving grid resiliency, including—
“(A) adapting more quickly to changing grid conditions;
“(B) providing ancillary services (including black start capabilities, voltage support, and spinning reserves);
“(C) integrating other variable sources of electricity generation; and
“(D) managing accumulated reservoir sediments;
“(2) improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including—
“(A) the maintenance or upgrade of spillways or other appurtenant structures;
“(B) dam stability improvements, including erosion repair and enhanced seepage controls; and
“(C) upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or
“(3) environmental improvements, including—
“(A) adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility;
“(B) improving the quality of the water retained or released by a qualified hydroelectric facility;
“(C) promoting downstream sediment transport processes and habitat maintenance; and
“(D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity.
“(c) Limitations.—
“(1) Costs.—Incentive payments under this section shall not exceed 30 percent of the costs of the applicable capital improvement.
“(2) Maximum amount.—Not more than 1 incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any 1 fiscal year, the amount of which shall not exceed $5,000,000.
“(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until expended.”
“247. Maintaining and enhancing hydroelectricity incentives.”.
“(e) Pumped Storage Hydropower Wind and Solar Integration and System Reliability Initiative.—
“(1) Definition of eligible entity.—In this subsection, the term ‘eligible entity’ means—
“(A)
(i) an electric utility, including—
“(I) a political subdivision of a State, such as a municipally owned electric utility; or
“(II) an instrumentality of a State composed of municipally owned electric utilities;
“(ii) an electric cooperative; or
“(iii) an investor-owned utility;
“(B) an Indian Tribe or Tribal organization;
“(C) a State energy office;
“(D) an institution of higher education; and
“(E) a consortium of the entities described in subparagraphs (A) through (D).
“(2) Demonstration project.—
“(A) In general.—Not later than September 30, 2023, the Secretary shall, to the maximum extent practicable, enter into an agreement with an eligible entity to provide financial assistance to the eligible entity to carry out project design, transmission studies, power market assessments, and permitting for a pumped storage hydropower project to facilitate the long-duration storage of intermittent renewable electricity.
“(B) Project requirements.—To be eligible for financial assistance under subparagraph (A), a project shall—
“(i) be designed to provide not less than 1,000 megawatts of storage capacity;
“(ii) be able to provide energy and capacity for use in more than 1 organized electricity market;
“(iii) be able to store electricity generated by intermittent renewable electricity projects located on Tribal land; and
“(iv) have received a preliminary permit from the Federal Energy Regulatory Commission.
“(C) Matching requirement.—An eligible entity receiving financial assistance under subparagraph (A) shall provide matching funds equal to or greater than the amount of financial assistance provided under that subparagraph.
“(3) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2022 through 2026.”
“(6) Mine land.—The term ‘mine land’ means—
“(A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and
“(B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the ‘Mining Law of 1872’) (30 U.S.C. 22 et seq.).”
; and
“(iv) a description of the technical and economic viability of siting solar energy technologies on current and former mine land, including necessary interconnection and transmission siting and the impact on local job creation; and”
“(1) Requirement.—
“(A) In general.—No guarantee”
; and
“(B) Reasonable prospect of repayment.—The Secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project, including, as applicable, an evaluation of—
“(i) the strength of the contractual terms of the eligible project (if commercially reasonably available);
“(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary;
“(iii) cash sweeps and other structure enhancements;
“(iv) the projected financial strength of the borrower—
“(I) at the time of loan close; and
“(II) throughout the loan term after the project is completed;
“(v) the financial strength of the investors and strategic partners of the borrower, if applicable; and
“(vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.”
“(13) Projects that increase the domestically produced supply of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives.”
“(r) Conflicts of Interest.—For each project selected for a guarantee under this title, the Secretary shall certify that political influence did not impact the selection of the project.”
“(A) an ultra”
; and
“(B) a medium duty vehicle or a heavy duty vehicle that exceeds 125 percent of the greenhouse gas emissions and fuel efficiency standards established by the final rule of the Environmental Protection Agency entitled ‘Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2’ (81 Fed. Reg. 73478 (October 25, 2016));
“(C) a train or locomotive;
“(D) a maritime vessel;
“(E) an aircraft; and
“(F) hyperloop technology.”
“(3) Selection of eligible projects.—
“(A) In general.—The Secretary shall select eligible projects to receive loans under this subsection if the Secretary determines that—
“(i) the loan recipient—
“(I) has a reasonable prospect of repaying the principal and interest on the loan;
“(II) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and
“(III) has met such other criteria as may be established and published by the Secretary; and
“(ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the project.
“(B) Reasonable prospect of repayment.—The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of—
“(i) the strength of the contractual terms of the eligible project (if commercially reasonably available);
“(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary;
“(iii) cash sweeps and other structure enhancements;
“(iv) the projected financial strength of the loan recipient—
“(I) at the time of loan close; and
“(II) throughout the loan term after the project is completed;
“(v) the financial strength of the investors and strategic partners of the loan recipient, if applicable; and
“(vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.”
; and
“(E) shall be subject to the condition that the loan is not subordinate to other financing.”
“(j) Coordination.—In carrying out this section, the Secretary shall coordinate with relevant vehicle, bioenergy, and hydrogen and fuel cell demonstration project activities supported by the Department.
“(k) Outreach.—In carrying out this section, the Secretary shall—
“(1) provide assistance with the completion of applications for awards or loans under this section; and
“(2) conduct outreach, including through conferences and online programs, to disseminate information on awards and loans under this section to potential applicants.
“(l) Prohibition on Use of Appropriated Funds.—Amounts appropriated to the Secretary before the date of enactment of this subsection shall not be available to the Secretary to provide awards under subsection (b) or loans under subsection (d) for the costs of activities that were not eligible for those awards or loans on the day before that date.
“(m) Report.—Not later than 2 years after the date of enactment of this subsection, and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including—
“(1) a list of projects receiving a loan under this section, including the loan amount and construction status of each project;
“(2) the status of the loan repayment for each project, including future repayment projections;
“(3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects;
“(4) the number of new projects projected to receive a loan under this section in the next 2 years, including the projected aggregate loan amount over the next 2 years;
“(5) evaluation of ongoing compliance with the assurances and commitments, and of the predictions, made by applicants pursuant to paragraphs (2) and (3) of subsection (d);
“(6) the total number of applications received by the Department each year; and
“(7) any other metrics the Secretary determines appropriate.”
“(5) Conflicts of interest.—For each eligible project selected to receive a loan under this subsection, the Secretary shall certify that political influence did not impact the selection of the eligible project.”
“(6) State.—The term ‘State’ has the meaning given the term in section 202 of the Energy Conservation and Production Act (42 U.S.C. 6802).
“(7) State energy financing institution.—
“(A) In general.—The term ‘State energy financing institution’ means a quasi-independent entity or an entity within a State agency or financing authority established by a State—
“(i) to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and
“(ii) to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects.
“(B) Inclusion.—The term ‘State energy financing institution’ includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation.”
“(r) State Energy Financing Institutions.—
“(1) Eligibility.—To be eligible for a guarantee under this title, a project receiving financial support or credit enhancements from a State energy financing institution—
“(A) shall meet the requirements of section 1703(a)(1); and
“(B) shall not be required to meet the requirements of section 1703(a)(2).
“(2) Partnerships authorized.—In carrying out a project receiving a loan guarantee under this title, State energy financing institutions may enter into partnerships with private entities, Tribal entities, and Alaska Native corporations.
“(3) Prohibition on use of appropriated funds.—Amounts appropriated to the Department of Energy before the date of enactment of this subsection shall not be available to be used for the cost of loan guarantees for projects receiving financing support or credit enhancements under this subsection.”
“(21) Electric vehicle charging programs.—Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that—
“(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
“(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;
“(C) accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and
“(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.”
“(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 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).”
“(h) Other 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 during the 3-year period ending on that date of enactment.”
“SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND RESILIENCE.
“(a) Definitions.—In this section:
“(1) Eligible entity.—The term ‘eligible entity’ means—
“(A) a relevant State agency, as determined by the Secretary, such as a State building code agency, State energy office, or Tribal energy office; and
“(B) a partnership.
“(2) Partnership.—The term ‘partnership’ means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities:
“(A) Local building code agencies.
“(B) Codes and standards developers.
“(C) Associations of builders and design and construction professionals.
“(D) Local and utility energy efficiency programs.
“(E) Consumer, energy efficiency, and environmental advocates.
“(F) Other entities, as determined by the Secretary.
“(3) Secretary.—The term ‘Secretary’ means the Secretary of Energy.
“(b) Establishment.—
“(1) In general.—The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes.
“(2) Updated building energy code.—An update to a building energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted building energy code, shall include any update made available after the existing building energy code, even if it is not the most recent updated code available.
“(c) Criteria; Priority.—In awarding grants under subsection (b), the Secretary shall—
“(1) consider—
“(A) prospective energy savings and plans to measure the savings, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score rating of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Energy Star Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary;
“(B) the long-term sustainability of those measures and savings;
“(C) prospective benefits, and plans to assess the benefits, including benefits relating to—
“(i) resilience and peak load reduction;
“(ii) occupant safety and health; and
“(iii) environmental performance;
“(D) the demonstrated capacity of the eligible entity to carry out the proposed project; and
“(E) the need of the eligible entity for assistance; and
“(2) give priority to applications from partnerships.
“(d) Eligible Activities.—
“(1) In general.—An eligible entity awarded a grant under this section may use the grant funds—
“(A) to create or enable State or regional partnerships to provide training and materials to—
“(i) builders, contractors and subcontractors, architects, and other design and construction professionals, relating to meeting updated building energy codes in a cost-effective manner; and
“(ii) building code officials, relating to improving implementation of and compliance with building energy codes;
“(B) to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used;
“(C) to develop and implement a plan for highly effective codes implementation, including measuring compliance;
“(D) to address various implementation needs in rural, suburban, and urban areas; and
“(E) to implement updates in energy codes for—
“(i) new residential and commercial buildings (including multifamily buildings); and
“(ii) additions and alterations to existing residential and commercial buildings (including multifamily buildings).
“(2) Related topics.—Training and materials provided using a grant under this section may include information on the relationship between energy codes and—
“(A) cost-effective, high-performance, and zero-net-energy buildings;
“(B) improving resilience, health, and safety;
“(C) water savings and other environmental impacts; and
“(D) the economic impacts of energy codes.
“(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026.”
“(E) water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and”
“SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
“(a) Definitions.—In this section:
“(1) Covered project.—The term ‘covered project’ means a project—
“(A) that has been recommended in an energy assessment described in paragraph (2)(A) conducted for an eligible entity; and
“(B) with respect to which the plant site of that eligible entity—
“(i) improves—
“(I) energy efficiency;
“(II) material efficiency;
“(III) cybersecurity; or
“(IV) productivity; or
“(ii) reduces—
“(I) waste production;
“(II) greenhouse gas emissions; or
“(III) nongreenhouse gas pollution.
“(2) Eligible entity.—The term ‘eligible entity’ means a small- or medium-sized manufacturer that has had an energy assessment completed by—
“(A) an industrial research and assessment center;
“(B) a Department of Energy Combined Heat and Power Technical Assistance Partnership jointly with an industrial research and assessment center; or
“(C) a third-party assessor that provides an assessment equivalent to an assessment described in subparagraph (A) or (B), as determined by the Secretary.
“(3) Energy service provider.—The term ‘energy service provider’ means—
“(A) any business providing technology or services to improve the energy efficiency, water efficiency, power factor, or load management of a manufacturing site or other industrial process in an energy-intensive industry (as defined in section 452(a)); and
“(B) any utility operating under a utility energy service project.
“(4) Industrial research and assessment center.—The term ‘industrial research and assessment center’ means—
“(A) an institution of higher education-based industrial research and assessment center that is funded by the Secretary under subsection (b); and
“(B) an industrial research and assessment center at a trade school, community college, or union training program that is funded by the Secretary under subsection (f).
“(5) Program.—The term ‘Program’ means the program for implementation grants established under subsection (i)(1).
“(6) Small- or medium-sized manufacturer.—The term ‘small- or medium-sized manufacturer’ means a manufacturing firm—
“(A) the gross annual sales of which are less than $100,000,000;
“(B) that has fewer than 500 employees at the plant site of the manufacturing firm; and
“(C) the annual energy bills of which total more than $100,000 but less than $3,500,000.
“(b) Institution of Higher Education-based Industrial Research and Assessment Centers.—
“(1) In general.—The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers.
“(2) Purpose.—The purpose of each institution of higher education-based industrial research and assessment center shall be—
“(A) to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant sites;
“(B) to identify opportunities for optimizing energy efficiency and environmental performance, including implementation of—
“(i) smart manufacturing;
“(ii) energy management systems;
“(iii) sustainable manufacturing;
“(iv) information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes; and
“(v) waste management systems;
“(C) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers (including water and wastewater treatment facilities and federally owned manufacturing facilities);
“(D) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries;
“(E) to coordinate with appropriate Federal and State research offices;
“(F) to provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and
“(G) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States.
“(c) Coordination.—To increase the value and capabilities of the industrial research and assessment centers, the centers shall—
“(1) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology;
“(2) coordinate with the Federal Energy Management Program and the Building Technologies Office of the Department of Energy to provide building assessment services to manufacturers;
“(3) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise, technologies, and research and development capabilities of the National Laboratories for national industrial and manufacturing needs;
“(4) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management;
“(5) identify opportunities for reducing greenhouse gas emissions and other air emissions; and
“(6) promote sustainable manufacturing practices for small- and medium-sized manufacturers.
“(d) Outreach.—The Secretary shall provide funding for—
“(1) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and
“(2) coordination activities by each industrial research and assessment center to leverage efforts with—
“(A) Federal, State, and Tribal efforts;
“(B) the efforts of utilities and energy service providers;
“(C) the efforts of regional energy efficiency organizations; and
“(D) the efforts of other industrial research and assessment centers.
“(e) Centers of Excellence.—
“(1) Establishment.—The Secretary shall establish a Center of Excellence at not more than 5 of the highest-performing industrial research and assessment centers, as determined by the Secretary.
“(2) Duties.—A Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence, including—
“(A) by mentoring new directors and staff of the industrial research and assessment centers with respect to—
“(i) the availability of resources; and
“(ii) best practices for carrying out assessments, including through the participation of the staff of the Center of Excellence in assessments carried out by new industrial research and assessment centers;
“(B) by providing training to staff and students at the industrial research and assessment centers on new technologies, practices, and tools to expand the scope and impact of the assessments carried out by the centers;
“(C) by assisting the industrial research and assessment centers with specialized technical opportunities, including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities;
“(D) by identifying and coordinating with regional, State, local, Tribal, and utility energy efficiency programs for the purpose of facilitating efforts by industrial research and assessment centers to connect industrial facilities receiving assessments from those centers with regional, State, local, and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments;
“(E) by facilitating coordination between the industrial research and assessment centers and other Federal programs described in paragraphs (1) through (3) of subsection (c); and
“(F) by coordinating the outreach activities of the industrial research and assessment centers under subsection (d)(1).
“(3) Funding.—For each fiscal year, out of any amounts made available to carry out this section under subsection (j), the Secretary shall use not less than $500,000 to support each Center of Excellence.
“(f) Expansion of Industrial Research and Assessment Centers.—
“(1) In general.—The Secretary shall provide funding to establish additional industrial research and assessment centers at trade schools, community colleges, and union training programs.
“(2) Purpose.—
“(A) In general.—Subject to subparagraph (B), to the maximum extent practicable, an industrial research and assessment center established under paragraph (1) shall have the same purpose as an institution of higher education-based industrial research center that is funded by the Secretary under subsection (b)(1).
“(B) Consideration of capabilities.—In evaluating or establishing the purpose of an industrial research and assessment center established under paragraph (1), the Secretary shall take into consideration the varying capabilities of trade schools, community colleges, and union training programs.
“(g) Workforce Training.—
“(1) Internships.—The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers.
“(2) Apprenticeships.—The Secretary shall pay the Federal share of associated apprenticeship programs under which—
“(A) students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers; and
“(B) employees of facilities that have received an assessment from an industrial research and assessment center work with or for an industrial research and assessment center to gain knowledge on engineering practices and processes to improve productivity and energy savings.
“(3) Federal share.—The Federal share of the cost of carrying out internship programs described in paragraph (1) and apprenticeship programs described in paragraph (2) shall be 50 percent.
“(h) Small Business Loans.—The Administrator of the Small Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement recommendations developed by the industrial research and assessment centers.
“(i) Implementation Grants.—
“(1) In general.—The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities to implement covered projects.
“(2) Application.—An eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a demonstration of need for financial assistance to implement the proposed covered project.
“(3) Priority.—In awarding grants under the Program, the Secretary shall give priority to eligible entities that—
“(A) have had an energy assessment completed by an industrial research and assessment center; and
“(B) propose to carry out a covered project with a greater potential for—
“(i) energy efficiency gains; or
“(ii) greenhouse gas emissions reductions.
“(4) Grant amount.—
“(A) Maximum amount.—The amount of a grant provided to an eligible entity under the Program shall not exceed $300,000.
“(B) Federal share.—A grant awarded under the Program for a covered project shall be in an amount that is not more than 50 percent of the cost of the covered project.
“(C) Supplement.—A grant received by an eligible entity under the Program shall supplement, not supplant, any private or State funds available to the eligible entity to carry out the covered project.
“(j) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary for the period of fiscal years 2022 through 2026—
“(1) $150,000,000 to carry out subsections (a) through (h); and
“(2) $400,000,000 to carry out subsection (i).”
“Sec. 457. Industrial research and assessment centers.”.
“SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
“(a) In General.—As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for—
“(1) maximizing the energy efficiency of industrial processes and cross-cutting systems;
“(2) preventing pollution and minimizing waste;
“(3) improving efficient use of water in manufacturing processes;
“(4) conserving natural resources; and
“(5) achieving such other goals as the Secretary determines to be appropriate.
“(b) Coordination.—To implement any recommendations resulting from an onsite technical assessment carried out under subsection (a) and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency, the Secretary shall coordinate with—
“(1) the Advanced Manufacturing Office of the Department of Energy;
“(2) the Building Technologies Office of the Department of Energy;
“(3) the Federal Energy Management Program of the Department of Energy; and
“(4) the private sector and other appropriate agencies, including the National Institute of Standards and Technology.
“(c) Research and Development Program for Sustainable Manufacturing and Industrial Technologies and Processes.—As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources.”
“376. Sustainable manufacturing initiative.”.
“(14) programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which may include loan programs and performance contracting programs, for leveraging of additional public and private sector funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures; and”
“SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.
“(a) Definitions.—In this section:
“(1) Federal land.—The term ‘Federal land’ means land administered by a land management agency within—
“(A) the Department of Agriculture; or
“(B) the Department of the Interior.
“(2) Idled well.—The term ‘idled well’ means a well—
“(A) that has been nonoperational for not fewer than 4 years; and
“(B) for which there is no anticipated beneficial future use.
“(3) Indian tribe.—The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(4) Operator.—The term ‘operator’, with respect to an oil or gas operation, means any entity, including a lessee or operating rights owner, that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation, or any portion of the operation.
“(5) Orphaned well.—The term ‘orphaned well’—
“(A) with respect to Federal land or Tribal land, means a well—
“(i)
(I) that is not used for an authorized purpose, such as production, injection, or monitoring; and
“(II)
(aa) for which no operator can be located;
“(bb) the operator of which is unable—
“(AA) to plug the well; and
“(BB) to remediate and reclaim the well site; or
“(cc) that is within the National Petroleum Reserve–Alaska; and
“(B) with respect to State or private land—
“(i) has the meaning given the term by the applicable State; or
“(ii) if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by the State.
“(6) Tribal land.—The term ‘Tribal land’ means any land or interest in land owned by an Indian Tribe, the title to which is—
“(A) held in trust by the United States; or
“(B) subject to a restriction against alienation under Federal law.
“(b) Federal Program.—
“(1) Establishment.—Not later than 60 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land.
“(2) Included activities.—The program under this subsection shall—
“(A) include a method of—
“(i) identifying, characterizing, and inventorying orphaned wells and associated pipelines, facilities, and infrastructure on Federal land; and
“(ii) ranking those orphaned wells for priority in plugging, remediation, and reclamation, based on—
“(I) public health and safety;
“(II) potential environmental harm; and
“(III) other subsurface impacts or land use priorities;
“(B) distribute funding in accordance with the priorities established under subparagraph (A)(ii) for—
“(i) plugging orphaned wells;
“(ii) remediating and reclaiming well pads and facilities associated with orphaned wells;
“(iii) remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure; and
“(iv) remediating land adjacent to orphaned wells and decommissioning or removing associated pipelines, facilities, and infrastructure;
“(C) provide a public accounting of the costs of plugging, remediation, and reclamation for each orphaned well;
“(D) seek to determine the identities of potentially responsible parties associated with the orphaned well (or a surety or guarantor of such a party), to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable;
“(E) measure or estimate and track—
“(i) emissions of methane and other gases associated with orphaned wells; and
“(ii) contamination of groundwater or surface water associated with orphaned wells; and
“(F) identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities.
“(3) Idled wells.—The Secretary, acting through the Director of the Bureau of Land Management, shall—
“(A) periodically review all idled wells on Federal land; and
“(B) reduce the inventory of idled wells on Federal land.
“(4) Cooperation and consultation.—In carrying out the program under this subsection, the Secretary shall—
“(A) work cooperatively with—
“(i) the Secretary of Agriculture;
“(ii) affected Indian Tribes; and
“(iii) each State within which Federal land is located; and
“(B) consult with—
“(i) the Secretary of Energy; and
“(ii) the Interstate Oil and Gas Compact Commission.
“(c) Funding for State Programs.—
“(1) In general.—The Secretary shall provide to States, in accordance with this subsection—
“(A) initial grants under paragraph (3);
“(B) formula grants under paragraph (4); and
“(C) performance grants under paragraph (5).
“(2) Activities.—
“(A) In general.—A State may use funding provided under this subsection for any of the following purposes:
“(i) To plug, remediate, and reclaim orphaned wells located on State-owned or privately owned land.
“(ii) To identify and characterize undocumented orphaned wells on State and private land.
“(iii) To rank orphaned wells based on factors including—
“(I) public health and safety;
“(II) potential environmental harm; and
“(III) other land use priorities.
“(iv) To make information regarding the use of funds received under this subsection available on a public website.
“(v) To measure and track—
“(I) emissions of methane and other gases associated with orphaned wells; and
“(II) contamination of groundwater or surface water associated with orphaned wells.
“(vi) To remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure.
“(vii) To remediate land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure.
“(viii) To identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low- income communities, and Tribal and indigenous communities.
“(ix) Subject to subparagraph (B), to administer a program to carry out any activities described in clauses (i) through (viii).
“(B) Administrative cost limitation.—
“(i) In general.—Except as provided in clause (ii), a State shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(ix).
“(ii) Exception.—The limitation under clause (i) shall not apply to funds used by a State as described in paragraph (3)(A)(ii).
“(3) Initial grants.—
“(A) In general.—Subject to the availability of appropriations, the Secretary shall distribute—
“(i) not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, a request for funding under this clause, including—
“(I) an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and
“(II) a certification that—
“(aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission;
“(bb) there are 1 or more documented orphaned wells located in the State; and
“(cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and
“(ii) not more than $5,000,000 to each State that—
“(I) requests funding under this clause;
“(II) does not receive a grant under clause (i); and
“(III) certifies to the Secretary that—
“(aa) the State—
“(AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or
“(BB) the capacity to initiate such a program; or
“(bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5).
“(B) Distribution.—Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable.
“(C) Deadline for expenditure.—A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 1 year after the date of receipt of the funds.
“(D) Report.—Not later than 15 months after the date on which a State receives funds under this paragraph, the State shall submit to the Secretary a report that describes the means by which the State used the funds in accordance with the certification submitted by the State under subparagraph (A).
“(4) Formula grants.—
“(A) Establishment.—
“(i) In general.—The Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph.
“(ii) Description of states.—A State referred to in clause (i) is a State that, by not later than 45 days after the date of enactment of the Infrastructure Investment and Jobs Act, submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State.
“(iii) Factors.—The formula established under clause (i) shall account for, with respect to an applicant State, the following factors:
“(I) Job losses in the oil and gas industry in the State during the period—
“(aa) beginning on March 1, 2020; and
“(bb) ending on the date of enactment of the Infrastructure Investment and Jobs Act.
“(II) The number of documented orphaned wells located in the State, and the projected cost—
“(aa) to plug or reclaim those orphaned wells;
“(bb) to reclaim adjacent land; and
“(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
“(iv) Publication.—Not later than 75 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall publish on a public website the amount that each State is eligible to receive under the formula under this subparagraph.
“(B) Application.—To be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes—
“(i) a description of—
“(I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant;
“(II) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells; and
“(III) the means by which the information regarding the activities of the State under this paragraph will be made available on a public website;
“(ii) an estimate of—
“(I) the number of orphaned wells in the State that will be plugged, remediated, or reclaimed;
“(II) the projected cost of—
“(aa) plugging, remediating, or reclaiming orphaned wells;
“(bb) remediating or reclaiming adjacent land; and
“(cc) decommissioning or removing associated pipelines, facilities, and infrastructure;
“(III) the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well site equipment, or other proceeds from the orphaned wells and adjacent land;
“(IV) the number of jobs that will be created or saved through the activities to be funded under this paragraph; and
“(V) the amount of funds to be spent on administrative costs;
“(iii) a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and
“(iv) the definitions and processes used by the State to formally identify a well as—
“(I) an orphaned well; or
“(II) if the State uses different terminology, otherwise eligible for plugging, remediation, and reclamation by the State.
“(C) Distribution.—Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
“(D) Deadline for expenditure.—A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds.
“(E) Consultation.—In making a determination under this paragraph regarding the eligibility of a State to receive a formula grant, the Secretary shall consult with—
“(i) the Administrator of the Environmental Protection Agency;
“(ii) the Secretary of Energy; and
“(iii) the Interstate Oil and Gas Compact Commission.
“(5) Performance grants.—
“(A) Establishment.—The Secretary shall provide to States, in accordance with this paragraph—
“(i) regulatory improvement grants under subparagraph (E); and
“(ii) matching grants under subparagraph (F).
“(B) Application.—To be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including—
“(i) each element described in an application for a grant under paragraph (4)(B);
“(ii) activities carried out by the State to address orphaned wells located in the State, including—
“(I) increasing State spending on well plugging, remediation, and reclamation; or
“(II) improving regulation of oil and gas wells; and
“(iii) the means by which the State will use funds provided under this paragraph—
“(I) to lower unemployment in the State; and
“(II) to improve economic conditions in economically distressed areas of the State.
“(C) Distribution.—Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
“(D) Consultation.—In making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with—
“(i) the Administrator of the Environmental Protection Agency;
“(ii) the Secretary of Energy; and
“(iii) the Interstate Oil and Gas Compact Commission.
“(E) Regulatory improvement grants.—
“(i) In general.—Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria:
“(I) The State has strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.
“(II) The State has made improvements to State programs designed to reduce future orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment.
“(ii) Limitations.—
“(I) Number.—The Secretary may issue to a State under this subparagraph not more than 1 grant for each criterion described in subclause (I) or (II) of clause (i).
“(II) Maximum amount.—The amount of a single grant provided to a State under this subparagraph shall be not more than $20,000,000.
“(iii) Reimbursement for failure to maintain protections.—A State that receives a grant under this subparagraph shall reimburse the Secretary in an amount equal to the amount of the grant in any case in which, during the 10-year period beginning on the date of receipt of the grant, the State enacts a law or regulation that, if in effect on the date of submission of the application under subparagraph (B), would have prevented the State from being eligible to receive the grant under clause (i).
“(F) Matching grants.—
“(i) In general.—Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal to the difference between—
“(I) the average annual amount expended by the State during the period of fiscal years 2010 through 2019—
“(aa) to plug, remediate, and reclaim orphaned wells; and
“(bb) to decommission or remove associated pipelines, facilities, or infrastructure; and
“(II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph—
“(aa) to plug, remediate, and reclaim orphaned wells;
“(bb) to remediate or reclaim adjacent land; and
“(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
“(ii) Limitations.—
“(I) Fiscal year.—The Secretary may issue to a State under this subparagraph not more than 1 grant for each fiscal year.
“(II) Total funds provided.—The Secretary may provide to a State under this subparagraph a total amount equal to not more than $30,000,000 during the period of fiscal years 2022 through 2031.
“(d) Tribal Orphaned Well Site Plugging, Remediation, and Restoration.—
“(1) Establishment.—The Secretary shall establish a program under which the Secretary shall—
“(A) provide to Indian Tribes grants in accordance with this subsection; or
“(B) on request of an Indian Tribe and in lieu of a grant under subparagraph (A), administer and carry out plugging, remediation, and reclamation activities in accordance with paragraph (7).
“(2) Eligible activities.—
“(A) In general.—An Indian Tribe may use a grant received under this subsection—
“(i) to plug, remediate, or reclaim an orphaned well on Tribal land;
“(ii) to remediate soil and restore native species habitat that has been degraded due to the presence of an orphaned well or associated pipelines, facilities, or infrastructure on Tribal land;
“(iii) to remediate Tribal land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure;
“(iv) to provide an online public accounting of the cost of plugging, remediation, and reclamation for each orphaned well site on Tribal land;
“(v) to identify and characterize undocumented orphaned wells on Tribal land; and
“(vi) to develop or administer a Tribal program to carry out any activities described in clauses (i) through (v).
“(B) Administrative cost limitation.—
“(i) In general.—Except as provided in clause (ii), an Indian Tribe shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(vi).
“(ii) Exception.—The limitation under clause (i) shall not apply to any funds used to carry out an administrative action necessary for the development of a Tribal program described in subparagraph (A)(vi).
“(3) Factors for consideration.—In determining whether to provide to an Indian Tribe a grant under this subsection, the Secretary shall take into consideration—
“(A) the unemployment rate of the Indian Tribe on the date on which the Indian Tribe submits an application under paragraph (4); and
“(B) the estimated number of orphaned wells on the Tribal land of the Indian Tribe.
“(4) Application.—To be eligible to receive a grant under this subsection, an Indian Tribe shall submit to the Secretary an application that includes—
“(A) a description of—
“(i) the Tribal program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Indian Tribe to carry out the proposed activities, or plans to develop such a program; and
“(ii) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells and remediating or reclaiming adjacent land; and
“(B) an estimate of—
“(i) the number of orphaned wells that will be plugged, remediated, or reclaimed; and
“(ii) the projected cost of—
“(I) plugging, remediating, or reclaiming orphaned wells;
“(II) remediating or reclaiming adjacent land; and
“(III) decommissioning or removing associated pipelines, facilities, and infrastructure.
“(5) Distribution.—Subject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe under this subsection by not later than the date that is 60 days after the date on which the Indian Tribe submits to the Secretary a completed application under paragraph (4).
“(6) Deadline for expenditure.—An Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds, except for cases in which the Secretary has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation.
“(7) Delegation to secretary in lieu of a grant.—
“(A) In general.—In lieu of a grant under this subsection, an Indian Tribe may submit to the Secretary a request for the Secretary to administer and carry out plugging, remediation, and reclamation activities relating to an orphaned well on behalf of the Indian Tribe.
“(B) Administration.—Subject to the availability of appropriations under subsection (h)(1)(E), on submission of a request under subparagraph (A), the Secretary shall administer or carry out plugging, remediation, and reclamation activities for an orphaned well on Tribal land.
“(e) Technical Assistance.—The Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation.
“(f) Report to Congress.—Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report describing the program established and grants awarded under this section, including—
“(1) an updated inventory of wells located on Federal land, Tribal land, and State and private land that are—
“(A) orphaned wells; or
“(B) at risk of becoming orphaned wells;
“(2) an estimate of the quantities of—
“(A) methane and other gasses emitted from orphaned wells; and
“(B) emissions reduced as a result of plugging, remediating, and reclaiming orphaned wells;
“(3) the number of jobs created and saved through the plugging, remediation, and reclamation of orphaned wells; and
“(4) the acreage of habitat restored using grants awarded to plug, remediate, and reclaim orphaned wells and to remediate or reclaim adjacent land, together with a description of the purposes for which that land is likely to be used in the future.
“(g) Effect of Section.—
“(1) No expansion of liability.—Nothing in this section establishes or expands the responsibility or liability of any entity with respect to—
“(A) plugging any well; or
“(B) remediating or reclaiming any well site.
“(2) Tribal land.—Nothing in this section—
“(A) relieves the Secretary of any obligation under section 3 of the Act of May 11, 1938 (25 U.S.C. 396c; 52 Stat. 348, chapter 198), to plug, remediate, or reclaim an orphaned well located on Tribal land; or
“(B) absolves the United States from a responsibility to plug, remediate, or reclaim an orphaned well located on Tribal land or any other responsibility to an Indian Tribe, including any responsibility that derives from—
“(i) the trust relationship between the United States and Indian Tribes;
“(ii) any treaty, law, or Executive order; or
“(iii) any agreement between the United States and an Indian Tribe.
“(3) Owner or operator not absolved.—Nothing in this section absolves the owner or operator of an oil or gas well of any potential liability for—
“(A) reimbursement of any plugging or reclamation costs associated with the well; or
“(B) any adverse effect of the well on the environment.
“(h) Authorization of Appropriations.—There are authorized to be appropriated for fiscal year 2022, to remain available until September 30, 2030:
“(1) to the Secretary—
“(A) $250,000,000 to carry out the program under subsection (b);
“(B) $775,000,000 to provide grants under subsection (c)(3);
“(C) $2,000,000,000 to provide grants under subsection (c)(4);
“(D) $1,500,000,000 to provide grants under subsection (c)(5); and
“(E) $150,000,000 to carry out the program under subsection (d);
“(2) to the Secretary of Energy, $30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in—
“(A) identifying and characterizing undocumented orphaned wells; and
“(B) mitigating the environmental risks of undocumented orphaned wells; and
“(3) to the Interstate Oil and Gas Compact Commission, $2,000,000 to carry out this section.”
“SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
“(a) Establishment.—The Secretary shall establish the Forest Service Legacy Road and Trail Remediation Program (referred to in this section as the ‘Program’).
“(b) Activities.—In carrying out the Program, the Secretary shall, taking into account foreseeable changes in weather and hydrology—
“(1) restore passages for fish and other aquatic species by—
“(A) improving, repairing, or replacing culverts and other infrastructure; and
“(B) removing barriers, as the Secretary determines appropriate, from the passages;
“(2) decommission unauthorized user-created roads and trails that are not a National Forest System road or a National Forest System trail, if the applicable unit of the National Forest System has published—
“(A) a Motor Vehicle Use Map and the road is not identified as a National Forest System road on that Motor Vehicle Use Map; or
“(B) a map depicting the authorized trails in the applicable unit of the National Forest System and the trail is not identified as a National Forest System trail on that map;
“(3) prepare previously closed National Forest System roads for long-term storage, in accordance with subsections (c)(1) and (d), in a manner that—
“(A) prevents motor vehicle use, as appropriate to conform to route designations;
“(B) prevents the roads from damaging adjacent resources, including aquatic and wildlife resources;
“(C) reduces or eliminates the need for road maintenance; and
“(D) preserves the roads for future use;
“(4) decommission previously closed National Forest System roads and trails in accordance with subsections (c)(1) and (d);
“(5) relocate National Forest System roads and trails—
“(A) to increase resilience to extreme weather events, flooding, and other natural disasters; and
“(B) to respond to changing resource conditions and public input;
“(6) convert National Forest System roads to National Forest System trails, while allowing for continued use for motorized and nonmotorized recreation, to the extent the use is compatible with the management status of the road or trail;
“(7) decommission temporary roads—
“(A) that were constructed before the date of enactment of this section—
“(i) for emergency operations; or
“(ii) to facilitate a resource extraction project;
“(B) that were designated as a temporary road by the Secretary; and
“(C)
(i) in violation of section 10(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1608(b)), on which vegetation cover has not been reestablished; or
“(ii) that have not been fully decommissioned; and
“(8) carry out projects on National Forest System roads, trails, and bridges to improve resilience to extreme weather events, flooding, or other natural disasters.
“(c) Project Selection.—
“(1) Project eligibility.—
“(A) In general.—The Secretary may only fund under the Program a project described in paragraph (3) or (4) of subsection (b) if the Secretary previously and separately—
“(i) solicited public comment for changing the management status of the applicable National Forest System road or trail—
“(I) to close the road or trail to access; and
“(II) to minimize impacts to natural resources; and
“(ii) has closed the road or trail to access as described in clause (i)(I).
“(B) Requirement.—Each project carried out under the Program shall be on a National Forest System road or trail, except with respect to—
“(i) a project described in subsection (b)(2); or
“(ii) a project carried out on a watershed for which the Secretary has entered into a cooperative agreement under section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a).
“(2) Annual selection of projects for funding.—The Secretary shall—
“(A) establish a process for annually selecting projects for funding under the Program, consistent with the requirements of this section;
“(B) solicit and consider public input regionally in the ranking of projects for funding under the Program;
“(C) give priority for funding under the Program to projects that would—
“(i) protect or improve water quality in public drinking water source areas;
“(ii) restore the habitat of a threatened, endangered, or sensitive fish or wildlife species; or
“(iii) maintain future access to the adjacent area for the public, contractors, permittees, or firefighters; and
“(D) publish on the website of the Forest Service—
“(i) the selection process established under subparagraph (A); and
“(ii) a list that includes a description and the proposed outcome of each project funded under the Program in each fiscal year.
“(d) Implementation.—In implementing the Program, the Secretary shall ensure that—
“(1) the system of roads and trails on the applicable unit of the National Forest System—
“(A) is adequate to meet any increasing demands for timber, recreation, and other uses;
“(B) provides for intensive use, protection, development, and management of the land under principles of multiple use and sustained yield of products and services;
“(C) does not damage, degrade, or impair adjacent resources, including aquatic and wildlife resources, to the extent practicable;
“(D) reflects long-term funding expectations; and
“(E) is adequate for supporting emergency operations, such as evacuation routes during wildfires, floods, and other natural disasters; and
“(2) all projects funded under the Program are consistent with any applicable forest plan or travel management plan.
“(e) Savings Clause.—A decision to fund a project under the Program shall not affect any determination made previously or to be made in the future by the Secretary with regard to road or trail closures.”
“(A) an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires, as determined by the Office; and
“(B) in such other circumstances as the Office may by regulation prescribe; and”
“(4) Use of funds to satisfy non-federal matching requirements for authorized bureau of reclamation water projects.—Funds provided under this section for an authorized Bureau of Reclamation project may be used for purposes of satisfying any non-Federal matching requirement required for the project.”
“(5) Use of funds to satisfy non-federal matching, maintenance of effort, or other expenditure requirement.—Funds provided under this section for an authorized Bureau of Reclamation project may be used for purposes of satisfying any non-Federal matching requirement required for the project.”
“(C) a radioisotope power system that utilizes heat from radioactive decay to generate energy.”
“(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015;
“(E) for each of fiscal years 2018 through 2020, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year; and
“(F) for fiscal year 2021 and each fiscal year thereafter, the amount that is equal to the full funding amount for fiscal year 2017.”
“(g) Resource Advisory Committee Appointment Pilot Programs.—
“(1) Definitions.—In this subsection:
“(A) Applicable designee.—The term ‘applicable designee’ means the applicable regional forester.
“(B) National pilot program.—The term ‘national pilot program’ means the national pilot program established under paragraph (4)(A).
“(C) Regional pilot program.—The term ‘regional pilot program’ means the regional pilot program established under paragraph (3)(A).
“(2) Establishment of pilot programs.—In accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource advisory committees.
“(3) Regional pilot program.—
“(A) In general.—The Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees.
“(B) Geographic limitation.—The regional pilot program shall only apply to resource advisory committees chartered in—
“(i) the State of Montana; and
“(ii) the State of Arizona.
“(C) Responsibilities of applicable designee.—
“(i) Review.—Before appointing a member of a resource advisory committee under the regional pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the regional pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements.
“(ii) Savings clause.—Nothing in this paragraph relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect on December 20, 2018, including any requirement for advertising a vacancy.
“(4) National pilot program.—
“(A) In general.—The Secretary concerned shall carry out a national pilot program to allow the Chief of the Forest Service or the Director of the Bureau of Land Management, as applicable, to submit to the Secretary concerned nominations of individuals for appointment as members of resource advisory committees.
“(B) Appointment.—Under the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary concerned shall—
“(i) appoint the nominee to the applicable resource advisory committee; or
“(ii) reject the nomination.
“(C) Automatic appointment.—If the Secretary concerned does not act on a nomination in accordance with subparagraph (B) by the date described in that subparagraph, the nominee shall be deemed appointed to the applicable resource advisory committee.
“(D) Geographic limitation.—The national pilot program shall apply to a resource advisory committee chartered in any State other than—
“(i) the State of Montana; or
“(ii) the State of Arizona.
“(E) Savings clause.—Nothing in this paragraph relieves the Secretary concerned from any requirement relating to an appointment to a resource advisory committee, including any requirement with respect to civil rights or advertising a vacancy.
“(5) Termination of effectiveness.—The authority provided under this subsection terminates on October 1, 2023.
“(6) Report to congress.—Not later 180 days after the date described in paragraph (5), the Secretary concerned shall submit to Congress a report that includes—
“(A) with respect to appointments made under the regional pilot program compared to appointments made under the national pilot program, a description of the extent to which—
“(i) appointments were faster or slower; and
“(ii) the requirements described in paragraph (3)(C)(i) differ; and
“(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot programs.”
“(5) to provide or expand access to—
“(A) broadband telecommunications services at local schools; or
“(B) the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus.”
“SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF FUNDS.
“(a) Amounts Obligated but Unspent.—Any county funds that were obligated by the applicable participating county before October 1, 2017, but are unspent on October 1, 2020—
“(1) may, at the option of the participating county, be deemed to have been reserved by the participating county on October 1, 2020, for expenditure in accordance with this title; and
“(2)
(A) may be used by the participating county for any authorized use under section 302(a); and
“(B) on a determination by the participating county under subparagraph (A) to use the county funds, shall be available for projects initiated after October 1, 2020, subject to section 305.
“(b) Prohibition on Use of Funds.—Notwithstanding any other provision of law, effective beginning on the date of enactment of the Infrastructure Investment and Jobs Act, no county funds made available under this title may be used by any participating county for any lobbying activity, regardless of the purpose for which the funds are obligated on or before that date.”