§18701. Definitions — Inbound Citations
42 U.S.C. § 18701
Cited by 389 provisions in release 119-102.
Citations to §18701(1)
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(i) existing Department and Department of Homeland Security programs; and
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(i) the emergency response capabilities of the Department; and
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(ii) the coordination of the Department with other agencies, the National Laboratories, and private industry;
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(B) to expand cooperation of the Department with the intelligence community for energy sector-related threat collection and analysis;
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(C) to enhance the tools of the Department and E-ISAC for monitoring the status of the energy sector;
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(4) will leverage applicable cybersecurity programs of the Department, including cyber vulnerability testing and security engineering evaluations.
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(A) the Cybersecurity Capability Maturity Model of the Department (or a successor model); and
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(d) The Office of Cybersecurity, Energy Security, and Emergency Response of the Department shall review each cybersecurity plan submitted under subsection (a) to ensure integration with Department research, development, and demonstration programs.
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Nothing in this part affects the authority, existing on the day before November 15, 2021, of any other Federal department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency in title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.).
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(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the “SDN list”);
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(1) The Secretary shall continue to carry out the Lithium-Ion Battery Recycling Prize Competition of the Department established pursuant to section 3719 of title 15 (referred to in this subsection as the “competition”).
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(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);
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(a) The Secretary shall establish a board, to be known as the “21st Century Energy Workforce Advisory Board”, to develop a strategy for the Department that, with respect to the role of the Department in the support and development of a skilled energy workforce—(1) meets the current and future industry and labor needs of the energy sector;(2) provides opportunities for students to become qualified for placement in traditional energy sector and emerging energy sector jobs;(3) identifies areas in which the Department can effectively utilize the technical expertise of the Department to support the workforce activities of other Federal agencies;(4) strengthens and engages the workforce training programs of the Department and the National Laboratories in carrying out the Equity in Energy Initiative of the Department and other Department workforce priorities;(5) develops plans to support and retrain displaced and unemployed energy sector workers; and(6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian Tribes, women, veterans, and socioeconomically disadvantaged individuals.
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(3) identifies areas in which the Department can effectively utilize the technical expertise of the Department to support the workforce activities of other Federal agencies;
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(4) strengthens and engages the workforce training programs of the Department and the National Laboratories in carrying out the Equity in Energy Initiative of the Department and other Department workforce priorities;
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(A) determine whether there are opportunities to more effectively and efficiently use the capabilities of the Department in the development of a skilled energy workforce;
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(B) identify ways in which the Department could work with other relevant Federal agencies, States, units of local government, institutions of higher education, labor organizations, Indian Tribes and tribal organizations, and industry in the development of a skilled energy workforce, subject to applicable law;
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(C) identify ways in which the Department and National Laboratories can—(i) increase outreach to minority-serving institutions; and(ii) make resources available to increase the number of skilled minorities and women trained to go into the energy and energy-related manufacturing sectors;(iii) increase outreach to displaced and unemployed energy sector workers; and(iv) make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce; and
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(A) existing Department-directed support; and
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(b) Not later than 180 days after November 15, 2021, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro-reactors and small modular reactors.
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(1) An evaluation by the Department of current resilience and carbon reduction requirements for energy for facilities of the Department to determine whether changes are needed to address—(A) the need to provide uninterrupted power to facilities of the Department for at least 3 days during power grid failures;(B) the need for protection against cyber threats and electromagnetic pulses; and(C) resilience to extreme natural events, including earthquakes, volcanic activity, tornados, hurricanes, floods, tsunamis, lahars, landslides, seiches, a large quantity of snowfall, and very low or high temperatures.
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(A) the need to provide uninterrupted power to facilities of the Department for at least 3 days during power grid failures;
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(2) A strategy of the Department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the Department.
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(4) An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro-reactors and small modular reactors and to co-located nuclear facilities with the capability to provide dedicated power to the facility of the Department during a grid outage or failure.
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(5) The plans of the Department—(A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026;(B) for deploying a small modular reactor to produce energy for use by a facility of the Department in the United States by 2029; and(C) to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs.
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(A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026;
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(B) for deploying a small modular reactor to produce energy for use by a facility of the Department in the United States by 2029; and
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(A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of November 15, 2021;
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(B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading “Nuclear Energy” under the heading “ENERGY PROGRAMS” in title III of division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2670);
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(C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or
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(V) provide a Home Energy Score, or equivalent score (as determined by the Secretary), for the residential building of the eligible recipient by using the Home Energy Score Tool of the Department or an equivalent scoring tool.
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(E) Any other third-party certification recognized by the Department.
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(3) The term “low- or moderate-income household” means an individual or family the total annual income of which is less than 80 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 80 percent of area median income.
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(4) The term “low- or moderate-income household” means an individual or family the total annual income of which is less than 150 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 150 percent of area median income.
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(A) receives funding from the Department;
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The Secretary shall expand the scope of technologies covered by the industrial research and assessment centers of the Department—
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(1) Not later than 180 days after November 15, 2021, the Secretary shall conduct a study on how the Department can increase access to existing high-performance computing resources in the National Laboratories, particularly for small and medium manufacturers.
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(i) 1 or more representatives of the Department of Commerce; and
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(A) make publicly available on the website of the Department a report, to be entitled the “U.S. Energy and Employment Report”, describing the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States, and the average number of hours devoted to regulatory compliance, based on the survey and analysis conducted under subsection (b); and
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(B) subject to the requirements of subchapter III of chapter 35 of title 44, make the data collected by the Council publicly available on the website of the Department.
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(1) The term “covered project” means a demonstration project of the Department that—(A) receives or is eligible to receive funding from the Secretary; and(B) is authorized under—(i) this division; or(ii) the Energy Act of 2020 (Public Law 116–260; 134 Stat. 1182).1
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(b) The Secretary, in coordination with the heads of relevant program offices of the Department, including the Office of Technology Transitions, the Loan Program Office, and all applied program offices, shall establish a program to conduct project management and oversight of covered projects, including by—(1) conducting evaluations of proposals for covered projects before the selection of a covered project for funding;(2) conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and(3) ensuring a balanced portfolio of investments in covered projects.
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(c) The Secretary shall appoint a head of the program who shall, in coordination with the heads of relevant program offices of the Department—(1) evaluate proposals for covered projects, including scope, technical specifications, maturity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based on economic and policy projections;(2) develop independent cost estimates for a proposal for a covered project, if appropriate;(3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project;(4) oversee the execution of covered projects that receive funding from the Secretary, including reconciling estimated costs as compared to actual costs;(5) conduct reviews of ongoing covered projects, including—(A) evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones; and(B) providing the evaluations under subparagraph (A) to the Secretary; and
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(3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project;
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(1) project management and acquisition management entities with the Department, including the Office of Project Management; and
Citations to §18701(2)
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(b) Not later than 180 days after November 15, 2021, the Secretary shall establish a program under which the Secretary shall make grants to eligible entities, States, and Indian Tribes in accordance with this section.
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(1) The Secretary, in accordance with this subsection, may make grants under the program to States and Indian Tribes, which each State or Indian Tribe may use to award grants to eligible entities.
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(A) For each fiscal year, to be eligible to receive a grant under this subsection, a State or Indian Tribe shall submit to the Secretary an application that includes a plan described in subparagraph (B).
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(B) A plan prepared by a State or Indian Tribe for purposes of an application described in subparagraph (A) shall—(i) describe the criteria and methods that will be used by the State or Indian Tribe to award grants to eligible entities;(ii) be adopted after notice and a public hearing; and(iii) describe the proposed funding distributions and recipients of the grants to be provided by the State or Indian Tribe.
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(i) describe the criteria and methods that will be used by the State or Indian Tribe to award grants to eligible entities;
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(iii) describe the proposed funding distributions and recipients of the grants to be provided by the State or Indian Tribe.
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(A) The Secretary shall provide grants to States and Indian Tribes under this subsection based on a formula determined by the Secretary, in accordance with subparagraph (B).
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(i) The total population of the State or Indian Tribe.
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(I) The total area of the State or the land of the Indian Tribe; or
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(II) the areas in the State or on the land of the Indian Tribe with a low ratio of electricity customers per mileage of power lines.
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(iii) The probability of disruptive events in the State or on the land of the Indian Tribe during the previous 10 years, as determined based on the number of federally declared disasters or emergencies in the State or on the land of the Indian Tribe, as applicable, including—(I) disasters for which Fire Management Assistance Grants are provided under section 5187 of this title;(II) major disasters declared by the President under section 5170 of this title;(III) emergencies declared by the President under section 5191 of this title; and(IV) any other federally declared disaster or emergency in the State or on the land of the Indian Tribe.
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(IV) any other federally declared disaster or emergency in the State or on the land of the Indian Tribe.
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(iv) The number and severity, measured by population and economic impacts, of disruptive events experienced by the State or Indian Tribe on or after January 1, 2011.
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(v) The total amount, on a per capita basis, of public and private expenditures during the previous 10 years to carry out mitigation efforts to reduce the likelihood and consequences of disruptive events in the State or on the land of the Indian Tribe, with States or Indian Tribes with higher per capita expenditures receiving additional weight or consideration as compared to States or Indian Tribes with lower per capita expenditures.
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(ii) all other data used in distributing grants to States and Indian Tribes under this subsection.
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(4) The Secretary shall ensure that each grant provided to a State or Indian Tribe under the program is allocated, pursuant to the applicable plan of the State or Indian Tribe, to eligible entities for projects within the State or on the land of the Indian Tribe.
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(5) In making grants to eligible entities using funds made available to the applicable State or Indian Tribe under the program, the State or Indian Tribe shall give priority to projects that, in the determination of the State or Indian Tribe, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events.
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(6) A State or Indian Tribe receiving a grant under the program shall ensure that, of the amounts made available to eligible entities from funds made available to the State or Indian Tribe under the program, the percentage made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year is not less than the percentage of all customers in the State or Indian Tribe that are served by those eligible entities.
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(7) Of the amounts made available to a State or Indian Tribe under the program each fiscal year, the State or Indian Tribe may use not more than 5 percent for—(A) providing technical assistance under subsection (g)(1)(A); and(B) administrative expenses associated with the program.
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(8) Each State and Indian Tribe shall be required to match 15 percent of the amount of each grant provided to the State or Indian Tribe under the program.
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(C) An eligible entity may not submit an application for a grant provided by the Secretary under subsection (c) and a grant provided by a State or Indian Tribe pursuant to subsection (d) during the same application cycle.
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(2) 50 percent is used to make grants to States and Indian Tribes under subsection (d).
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(1) The Secretary, States, and Indian Tribes may—(A) provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events; and(B) promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events.
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(iii) an Indian Tribe;
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(1) The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as determined appropriate, other Federal agencies, the energy sector, the States, Indian Tribes, Tribal organizations, territories or freely associated states, and other stakeholders, shall develop and carry out a program—(A) to develop advanced cybersecurity applications and technologies for the energy sector—(i) to identify and mitigate vulnerabilities, including—(I) dependencies on other critical infrastructure;(II) impacts from weather and fuel supply;(III) increased dependence on inverter-based technologies; and(IV) vulnerabilities from unpatched hardware and software systems; and(ii) to advance the security of field devices and third-party control systems, including—(I) systems for generation, transmission, distribution, end use, and market functions;(II) specific electric grid elements including advanced metering, demand response, distribution, generation, and electricity storage;(III) forensic analysis of infected systems;(IV) secure communications; and(V) application of in-line edge security solutions;(B) to leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture;(C) to perform pilot demonstration projects with the energy sector to gain experience with new technologies;(D) to develop workforce development curricula for energy sector-related cybersecurity; and(E) to develop improved supply chain concepts for secure design of emerging digital components and power electronics.
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(III) partners with Indian Tribes; and
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(IV) partners with Indian Tribes;
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(6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian Tribes, women, veterans, and socioeconomically disadvantaged individuals.
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(B) identify ways in which the Department could work with other relevant Federal agencies, States, units of local government, institutions of higher education, labor organizations, Indian Tribes and tribal organizations, and industry in the development of a skilled energy workforce, subject to applicable law;
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(B) to award grants to Indian Tribes to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $225,000,000, to remain available through September 30, 2031.
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(ii) to be distributed to an Indian Tribe if the application of the Indian Tribe under subsection (b) is approved.
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(ii) subparagraph (B) but not distributed under clause (ii) of that subparagraph shall be redistributed to the Indian Tribes operating a high-efficiency electric home rebate program in proportion to the amount distributed to those Indian Tribes under that clause.
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(b) A State energy office or Indian Tribe seeking a grant under the program shall submit to the Secretary an application that includes a plan to implement a high-efficiency electric home rebate program, including—(1) a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project;(2) a plan to allow rebates for qualified electrification projects at the point of sale in a manner that ensures that the income eligibility of an eligible entity seeking a rebate may be verified at the point of sale;(3) a plan to ensure that an eligible entity does not receive a rebate for the same qualified electrification project through both a high-efficiency electric home rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(8); and(4) any additional information that the Secretary may require.
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(A) In the case of an eligible entity described in subsection (d)(1)(C) that receives a rebate under the program and performs the installation of the applicable qualified electrification project, a State energy office or Indian Tribe shall provide to that eligible entity, in addition to the rebate, an amount that—(i) does not exceed $500; and
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(8) A rebate provided by a State energy office or Indian Tribe under a high-efficiency electric home rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a HOMES rebate program (as defined in section 18795(d) of this title), for the same qualified electrification project.
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(9) A State energy office or Indian Tribe that receives a grant under the program shall use not more than 20 percent of the grant amount for planning, administration, or technical assistance relating to a high-efficiency electric home rebate program.
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(2) The term “high-efficiency electric home rebate program” means a rebate program carried out by a State energy office or Indian Tribe pursuant to subsection (c) using a grant received under the program.
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(3) The term “Indian Tribe” has the meaning given the term in section 5304 of title 25.
Citations to §18701(3)
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(G) any other relevant entity, as determined by the Secretary.
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(b) Not later than 180 days after November 15, 2021, the Secretary shall establish a program under which the Secretary shall make grants to eligible entities, States, and Indian Tribes in accordance with this section.
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(1) The Secretary may make a grant under the program to an eligible entity to carry out activities that—(A) are supplemental to existing hardening efforts of the eligible entity planned for any given year; and(i) reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire; or(ii) increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events.
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(B) As a condition of receiving a grant under the program, an eligible entity shall submit to the Secretary, as part of the application of the eligible entity submitted under subparagraph (A), a report detailing past, current, and future efforts by the eligible entity to reduce the likelihood and consequences of disruptive events.
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(3) The Secretary may not award a grant to an eligible entity in an amount that is greater than the total amount that the eligible entity has spent in the previous 3 years on efforts to reduce the likelihood and consequences of disruptive events.
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(1) The Secretary, in accordance with this subsection, may make grants under the program to States and Indian Tribes, which each State or Indian Tribe may use to award grants to eligible entities.
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(A) For each fiscal year, to be eligible to receive a grant under this subsection, a State or Indian Tribe shall submit to the Secretary an application that includes a plan described in subparagraph (B).
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(A) The Secretary shall provide grants to States and Indian Tribes under this subsection based on a formula determined by the Secretary, in accordance with subparagraph (B).
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(C) Beginning 1 year after November 15, 2021, the Secretary shall annually update—(i) all data relating to the factors described in subparagraph (B); and(ii) all other data used in distributing grants to States and Indian Tribes under this subsection.
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(4) The Secretary shall ensure that each grant provided to a State or Indian Tribe under the program is allocated, pursuant to the applicable plan of the State or Indian Tribe, to eligible entities for projects within the State or on the land of the Indian Tribe.
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(C) An eligible entity may not submit an application for a grant provided by the Secretary under subsection (c) and a grant provided by a State or Indian Tribe pursuant to subsection (d) during the same application cycle.
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(f) Of the amounts made available to carry out the program for a fiscal year, the Secretary shall ensure that—(1) 50 percent is used to award grants to eligible entities under subsection (c); and(2) 50 percent is used to make grants to States and Indian Tribes under subsection (d).
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(1) The Secretary, States, and Indian Tribes may—(A) provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events; and(B) promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events.
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(2) Of the amounts made available to the Secretary to carry out the program each fiscal year, the Secretary may use not more than 5 percent for—(A) providing technical assistance under paragraph (1)(A); and(B) administrative expenses associated with the program.
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(2) Not later than 180 days after November 15, 2021, the Secretary shall establish a program, to be known as the “Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency”, to provide, on a competitive basis, Federal financial assistance to eligible entities to carry out the purpose described in paragraph (3).
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(4) To be eligible to receive Federal financial assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of—(A) how the Federal financial assistance would be used;(B) the expected beneficiaries, and(C) in the case of a proposal from an eligible entity described in paragraph (1)(A)(ii), how the proposal would improve regional energy infrastructure.
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(7) There is authorized to be appropriated to the Secretary to carry out this subsection, $5,000,000,000 for the period of fiscal years 2022 through 2026.
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(2) The Secretary shall carry out activities to improve in rural or remote areas of the United States—(A) the resilience, safety, reliability, and availability of energy; and(B) environmental protection from adverse impacts of energy generation.
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(3) The Secretary, in consultation with the Secretary of the Interior, may provide Federal financial assistance to rural or remote areas for the purpose of—(A) overall cost-effectiveness of energy generation, transmission, or distribution systems;(B) siting or upgrading transmission and distribution lines;(C) reducing greenhouse gas emissions from energy generation by rural or remote areas;(D) providing or modernizing electric generation facilities;(E) developing microgrids; and(F) increasing energy efficiency.
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(4) There is authorized to be appropriated to the Secretary to carry out this subsection, $1,000,000,000 for the period of fiscal years 2022 through 2026.
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(1) The Secretary, in collaboration with the Secretary of Homeland Security, the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and interested energy infrastructure stakeholders, shall develop common analytical frameworks, tools, metrics, and data to assess the resilience, reliability, safety, and security of energy infrastructure in the United States, including by developing and storing an inventory of easily transported high-voltage recovery transformers and other required equipment.
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(A) The Secretary shall carry out an assessment of—(i) with respect to the inventory of high-voltage recovery transformers, new transformers, and other equipment proposed to be developed and stored under paragraph (1)—(I) the policies, technical specifications, and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers;(II) the technical specifications for high-voltage recovery transformers;(III) where inventory of high-voltage recovery transformers should be stored;(IV) the quantity of high-voltage recovery transformers necessary for the inventory;(V) how the stored inventory of high-voltage recovery transformers would be secured and maintained;(VI) how the high-voltage recovery transformers may be transported;(VII) opportunities for developing new flexible advanced transformer designs; and(VIII) whether new Federal regulations or cost-sharing requirements are necessary to carry out the storage of high-voltage recovery transformers; and(ii) any efforts carried out by industry as of the date of the assessment—(I) to share transformers and equipment;(II) to develop plans for next generation transformers; and(III) to plan for surge and long-term manufacturing of, and long-term standardization of, transformer designs.
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(B) Information that is provided to, generated by, or collected by the Secretary under subparagraph (A) shall be considered to be critical electric infrastructure information under section 824o–1 of title 16.
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(C) Not later than 180 days after November 15, 2021, the Secretary shall submit to Congress a report describing the results of the assessment carried out under subparagraph (A).
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(1) The term “capacity contract” means a contract entered into by the Secretary and an eligible entity under subsection (e)(1)(A) for the right to the use of the transmission capacity of an eligible project.
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(b) There is established a program, to be known as the “Transmission Facilitation Program”, under which the Secretary shall facilitate the construction of electric power transmission lines and related facilities in accordance with subsection (e).
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(2) The Secretary shall establish procedures for the solicitation and review of applications from eligible entities.
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(A) all amounts received by the Secretary, including receipts, collections, and recoveries, from any source relating to expenses incurred by the Secretary in carrying out the program, including—(i) costs recovered pursuant to paragraph (4);(ii) amounts received as repayment of a loan issued to an eligible entity under subsection (e)(1)(B); and(iii) amounts contributed by eligible entities for the purpose of carrying out an eligible project with respect to which the Secretary is participating with the eligible entity under subsection (e)(1)(C);
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(iii) amounts contributed by eligible entities for the purpose of carrying out an eligible project with respect to which the Secretary is participating with the eligible entity under subsection (e)(1)(C);
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(B) all amounts borrowed from the Secretary of the Treasury by the Secretary for the program under paragraph (2); and
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(2) The Secretary of the Treasury may, without further appropriation and without fiscal year limitation, loan to the Secretary on such terms as may be fixed by the Secretary and the Secretary of the Treasury, such sums as, in the judgment of the Secretary, are from time to time required for the purpose of carrying out the program, not to exceed, in the aggregate (including deferred interest), $2,500,000,000 in outstanding repayable balances at any 1 time.
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(3) There is authorized to be appropriated to the Secretary to carry out the program, including for any administrative expenses of carrying out the program that are not recovered under paragraph (4), $10,000,000 for each of fiscal years 2022 through 2026.
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(A) Except as provided in subparagraph (B), the cost of any facilitation activities carried out by the Secretary under subsection (e)(1) shall be collected—(i) from eligible entities receiving the benefit of the applicable facilitation activity, on a schedule to be determined by the Secretary; or(ii) with respect to a contracted transmission capacity under subsection (e)(1)(A) through rates charged for the use of the contracted transmission capacity.
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(i) from eligible entities receiving the benefit of the applicable facilitation activity, on a schedule to be determined by the Secretary; or
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(C) The Secretary may collect the costs of any activities carried out by the Secretary with respect to an eligible project in which the Secretary participates with an eligible entity under subsection (e)(1)(C) through rates charged to customers benefitting from the new transmission capability provided by the eligible project.
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(2) The provision and receipt of assistance for an eligible project under paragraph (1) shall be subject to such terms and conditions as the Secretary determines to be appropriate—(A) to ensure the success of the program; and(B) to protect the interests of the United States.
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(1) In entering into capacity contracts under subsection (e)(1)(A), the Secretary shall seek to enter into capacity contracts that will encourage other entities to enter into contracts for the transmission capacity of the eligible project.
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(2) The amount paid by the Secretary to an eligible entity under a capacity contract for the right to the use of the transmission capacity of an eligible project shall be—(A) the fair market value for the use of the transmission capacity, as determined by the Secretary, taking into account, as the Secretary determines to be necessary, the comparable value for the use of the transmission capacity of other electric power transmission lines; and(B) on a schedule and in such divided amounts, which may be a single amount, that the Secretary determines are likely to facilitate construction of the eligible project, taking into account standard industry practice and factors specific to each applicant, including, as applicable—(i) potential review by a State regulatory entity of the revenue requirement of an electric utility; and(ii) the financial model of an independent transmission developer.
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(B) on a schedule and in such divided amounts, which may be a single amount, that the Secretary determines are likely to facilitate construction of the eligible project, taking into account standard industry practice and factors specific to each applicant, including, as applicable—(i) potential review by a State regulatory entity of the revenue requirement of an electric utility; and(ii) the financial model of an independent transmission developer.
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(A) If the Secretary has not terminated a capacity contract under paragraph (5) before the applicable eligible project enters into service, the Secretary may enter into 1 or more contracts with a third party to market the transmission capacity of the eligible project to which the Secretary holds rights under the capacity contract.
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(B) Subject to subparagraph (D), the Secretary shall seek to ensure that any contract entered into under subparagraph (A) maximizes the financial return to the Federal Government.
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(C) The Secretary shall only select third parties for contracts under this paragraph through a competitive solicitation.
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(A) The Secretary shall seek to terminate a capacity contract as soon as practicable after determining that sufficient transmission capacity of the eligible project has been secured by other entities to ensure the long-term financial viability of the eligible project, including through 1 or more transfers under subparagraph (B).
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(D) A payment under subparagraph (B) or (C) shall be in an amount sufficient for the Secretary to recover any remaining costs incurred by the Secretary with respect to the quantity of transmission capacity affected by the transfer under subparagraph (B) or the relinquishment under subparagraph (C), as applicable.
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(8) Prior to entering into a capacity contract under this subsection, the Secretary shall consult with the relevant transmission planning region regarding the transmission planning region’s identification of needs, and the Secretary shall minimize, to the extent possible, duplication or conflict with the transmission planning region’s needs determination and selection of projects that meet such needs.
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(g) The rate of interest to be charged in connection with any loan made by the Secretary to an eligible entity under subsection (e)(1)(B) shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan.
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(h) The Secretary may participate with an eligible entity with respect to an eligible project under subsection (e)(1)(C) if the Secretary determines that the eligible project—(A) is located in an area designated as a national interest electric transmission corridor pursuant to section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)]; or(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity across more than 1 State or transmission planning region;(2) is consistent with efficient and reliable operation of the transmission grid;(3) will be operated in conformance with prudent utility practices;(4) will be operated in conformance with the rules of—(A) a Transmission Organization (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)), if applicable; or(B) a regional reliability organization; and(5) is not duplicative of the functions of existing transmission facilities that are the subject of ongoing siting and related permitting proceedings.
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(i) Prior to taking action to facilitate an eligible project under subparagraph (A), (B), or (C) of subsection (e)(1), the Secretary shall certify that—(1) the eligible project is in the public interest;(2) the eligible project is unlikely to be constructed in as timely a manner or with as much transmission capacity in the absence of facilitation under this section, including with respect to an eligible project for which a Federal investment tax credit may be allowed; and(3) it is reasonable to expect that the proceeds from the eligible project will be adequate, as applicable—(A) to recover the cost of a capacity contract entered into under subsection (e)(1)(A);(B) to repay a loan provided under subsection (e)(1)(B); or(C) to repay any amounts borrowed from the Secretary of the Treasury under subsection (d)(2).
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(C) to repay any amounts borrowed from the Secretary of the Treasury under subsection (d)(2).
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(1) The Secretary may permit other entities to participate in the financing, construction, and ownership of eligible projects facilitated under this section.
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(3) For purposes of cost recovery under subsection (d)(4) and repayment of a loan issued under subsection (e)(1)(B), each eligible project facilitated by the Secretary under this section shall be treated as separate and distinct from—(A) each other eligible project; and(B) all other Federal power and transmission facilities.
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(4) Nothing in this section confers on the Secretary or any Federal power marketing administration any additional authority or obligation to provide ancillary services to users of transmission facilities constructed or upgraded under this section.
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(8) In evaluating eligible projects for possible facilitation under this section, the Secretary shall prioritize projects that, to the maximum extent practicable—(A) use technology that enhances the capacity, efficiency, resiliency, or reliability of an electric power transmission system, including—(i) reconductoring of an existing electric power transmission line with advanced conductors; and(ii) hardware or software that enables dynamic line ratings, advanced power flow control, or grid topology optimization;(B) will improve the resiliency and reliability of an electric power transmission system;(C) facilitate interregional transfer capacity that supports strong and equitable economic growth; and(D) contribute to national or subnational goals to lower electricity sector greenhouse gas emissions.
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(a) In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available through September 30, 2030, to carry out this section: Provided, That the Secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after September 30, 2031.
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(b) The Secretary shall use the amounts made available by subsection (a) to carry out a program to pay the costs of direct loans to non-Federal borrowers, subject to the limitations that apply to loan guarantees under section 50141(d) and under such terms and conditions as the Secretary determines to be appropriate, for the construction or modification of electric transmission facilities designated by the Secretary to be necessary in the national interest under section 824p(a) of title 16.
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(d) A direct loan provided under this section shall bear interest at a rate determined by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date on which the direct loan is made.
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(a) In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $760,000,000, to remain available through September 30, 2029, for making grants in accordance with this section and for administrative expenses associated with carrying out this section.
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(1) The Secretary may make a grant under this section to a siting authority for, with respect to a covered transmission project, any of the following activities:(A) Studies and analyses of the impacts of the covered transmission project.(B) Examination of up to 3 alternate siting corridors within which the covered transmission project feasibly could be sited.(C) Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction, or under the auspices of a Transmission Organization (as defined in section 796 of title 16) that is also considering the siting or permitting of the covered transmission project.(D) Participation by the siting authority in regulatory proceedings at the Federal Energy Regulatory Commission or a State regulatory commission for determining applicable rates and cost allocation for the covered transmission project.
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(2) The Secretary may make a grant under this section to a siting authority, or other State, local, or Tribal governmental entity, for economic development activities for communities that may be affected by the construction and operation of a covered transmission project, provided that the Secretary shall not enter into any grant agreement pursuant to this section that could result in any outlays after September 30, 2031.
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(1) In order to receive a grant for an activity described in subsection (b)(1), the Secretary shall require a siting authority to agree, in writing, to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project not later than 2 years after the date on which such grant is provided, unless the Secretary authorizes an extension for good cause.
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(3) The Secretary may only disburse grant funds for economic development activities under subsection (b)(2)—(A) to a siting authority upon approval by the siting authority of the applicable covered transmission project; and(B) to any other State, local, or Tribal governmental entity upon commencement of construction of the applicable covered transmission project in the area under the jurisdiction of the entity.
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(d) If a siting authority that receives a grant for an activity described in subsection (b)(1) fails to use all grant funds within 2 years of receipt, the siting authority shall return to the Secretary any such unused funds.
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(a) In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available through September 30, 2031, to carry out this section.
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(b) The Secretary shall use amounts made available under subsection (a)—(1) to pay expenses associated with convening relevant stakeholders to address the development of interregional electricity transmission and transmission of electricity that is generated by offshore wind; and(2) to conduct planning, modeling, and analysis regarding interregional electricity transmission and transmission of electricity that is generated by offshore wind, taking into account the local, regional, and national economic, reliability, resilience, security, public policy, and environmental benefits of interregional electricity transmission and transmission of electricity that is generated by offshore wind, including planning, modeling, and analysis, as the Secretary determines appropriate, pertaining to—(A) clean energy integration into the electric grid, including the identification of renewable energy zones;(B) the effects of changes in weather due to climate change on the reliability and resilience of the electric grid;(C) cost allocation methodologies that facilitate the expansion of the bulk power system;(D) the benefits of coordination between generator interconnection processes and transmission planning processes;(E) the effect of increased electrification on the electric grid;(F) power flow modeling;(G) the benefits of increased interconnections or interties between or among the Western Interconnection, the Eastern Interconnection, the Electric Reliability Council of Texas, and other interconnections, as applicable;(H) the cooptimization of transmission and generation, including variable energy resources, energy storage, and demand-side management;(I) the opportunities for use of nontransmission alternatives, energy storage, and grid-enhancing technologies;(J) economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind;(K) evaluation of existing rights-of-way and the need for additional transmission corridors; and(L) a planned national transmission grid, which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms.
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(2) to conduct planning, modeling, and analysis regarding interregional electricity transmission and transmission of electricity that is generated by offshore wind, taking into account the local, regional, and national economic, reliability, resilience, security, public policy, and environmental benefits of interregional electricity transmission and transmission of electricity that is generated by offshore wind, including planning, modeling, and analysis, as the Secretary determines appropriate, pertaining to—(A) clean energy integration into the electric grid, including the identification of renewable energy zones;(B) the effects of changes in weather due to climate change on the reliability and resilience of the electric grid;(C) cost allocation methodologies that facilitate the expansion of the bulk power system;(D) the benefits of coordination between generator interconnection processes and transmission planning processes;(E) the effect of increased electrification on the electric grid;(F) power flow modeling;(G) the benefits of increased interconnections or interties between or among the Western Interconnection, the Eastern Interconnection, the Electric Reliability Council of Texas, and other interconnections, as applicable;(H) the cooptimization of transmission and generation, including variable energy resources, energy storage, and demand-side management;(I) the opportunities for use of nontransmission alternatives, energy storage, and grid-enhancing technologies;(J) economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind;(K) evaluation of existing rights-of-way and the need for additional transmission corridors; and(L) a planned national transmission grid, which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms.
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(1) The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other relevant Federal agencies, State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, shall carry out a program—(A) to develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities;(B) to assist with threat assessment and cybersecurity training for electric utilities;(C) to provide technical assistance for electric utilities subject to the program;(D) to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks;(E) to advance, in partnership with electric utilities, the cybersecurity of third-party vendors that manufacture components of the electric grid;(F) to increase opportunities for sharing best practices and data collection within the electric sector; and(G) to assist, in the case of electric utilities that own defense critical electric infrastructure (as defined in section 824o–1(a) of title 16), with full engineering reviews of critical functions and operations at both the utility and defense infrastructure levels—(i) to identify unprotected avenues for cyber-enabled sabotage that would have catastrophic effects to national security; and(ii) to recommend and implement engineering protections to ensure continued operations of identified critical functions even in the face of constant cyber attacks and achieved perimeter access by sophisticated adversaries.
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(2) In carrying out the program under paragraph (1), the Secretary shall—(A) take into consideration—(i) the different sizes of electric utilities; and(ii) the regions that electric utilities serve;(B) prioritize electric utilities with fewer available resources due to size or region; and(C) to the maximum extent practicable, use and leverage—(i) existing Department and Department of Homeland Security programs; and(ii) existing programs of the Federal agencies determined to be appropriate under paragraph (1).
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(c) Not later than 1 year after November 15, 2021, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other Federal agencies, State regulatory authorities, and industry stakeholders, shall submit to Congress a report that assesses—(1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems, including behind-the-meter generation, storage, and load management devices, to address threats to, and vulnerabilities of, electricity distribution systems; and(2) the implementation of the priorities, policies, procedures, and actions assessed under paragraph (1), including—(A) an estimate of potential costs and benefits of the implementation; and(B) an assessment of any public-private cost-sharing opportunities.
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(d) 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; and
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(b) The Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall establish a voluntary Energy Cyber Sense program to test the cybersecurity of products and technologies intended for use in the energy sector, including in the bulk-power system.
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(c) In carrying out subsection (b), the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall—(1) establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the energy sector, including products relating to industrial control systems and operational technologies, such as supervisory control and data acquisition systems;(2) for products and technologies tested under the program, establish and maintain cybersecurity vulnerability reporting processes and a related database that are integrated with Federal vulnerability coordination processes;(3) provide technical assistance to electric utilities, product manufacturers, and other energy sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program;(4) biennially review products and technologies tested under the program for cybersecurity vulnerabilities and provide analysis with respect to how those products and technologies respond to and mitigate cyber threats;(5) develop guidance that is informed by analysis and testing results under the program for electric utilities and other components of the energy sector for the procurement of products and technologies;(6) provide reasonable notice to, and solicit comments from, the public prior to establishing or revising the testing process under the program;(7) oversee the testing of products and technologies under the program; and(8) consider incentives to encourage the use of analysis and results of testing under the program in the design of products and technologies for use in the energy sector.
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(d) 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 component of the energy sector, including any electric utility or the bulk-power system—(1) shall be exempt from disclosure under section 552(b)(3) of title 5; and
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(b) Not later than 180 days after November 15, 2021, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and the Electricity Subsector Coordinating Council, shall establish a program, to be known as the “Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program”, to provide grants and technical assistance to, and enter into cooperative agreements with, eligible entities to protect against, detect, respond to, and recover from cybersecurity threats.
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(1) The Secretary—(A) shall award grants and provide technical assistance under the Program to eligible entities on a competitive basis;(B) shall develop criteria and a formula for awarding grants and providing technical assistance under the Program;(C) may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection (c); and(D) shall establish a process to ensure that all eligible entities are informed about and can become aware of opportunities to receive grants or technical assistance under the Program.
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(2) In awarding grants and providing technical assistance under the Program, the Secretary shall give priority to an eligible entity that, as determined by the Secretary—(A) has limited cybersecurity resources;(B) owns assets critical to the reliability of the bulk-power system; or(C) owns defense critical electric infrastructure (as defined in section 824o–1(a) of title 16).
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(e) 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; and
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(f) There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for the period of fiscal years 2022 through 2026.
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(1) The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as determined appropriate, other Federal agencies, the energy sector, the States, Indian Tribes, Tribal organizations, territories or freely associated states, and other stakeholders, shall develop and carry out a program—(A) to develop advanced cybersecurity applications and technologies for the energy sector—(i) to identify and mitigate vulnerabilities, including—(I) dependencies on other critical infrastructure;(II) impacts from weather and fuel supply;(III) increased dependence on inverter-based technologies; and(IV) vulnerabilities from unpatched hardware and software systems; and(ii) to advance the security of field devices and third-party control systems, including—(I) systems for generation, transmission, distribution, end use, and market functions;(II) specific electric grid elements including advanced metering, demand response, distribution, generation, and electricity storage;(III) forensic analysis of infected systems;(IV) secure communications; and(V) application of in-line edge security solutions;(B) to leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture;(C) to perform pilot demonstration projects with the energy sector to gain experience with new technologies;(D) to develop workforce development curricula for energy sector-related cybersecurity; and(E) to develop improved supply chain concepts for secure design of emerging digital components and power electronics.
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(2) There is authorized to be appropriated to the Secretary to carry out this subsection $250,000,000 for the period of fiscal years 2022 through 2026.
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(A) to enhance and periodically test—(i) the emergency response capabilities of the Department; and(ii) the coordination of the Department with other agencies, the National Laboratories, and private industry;(B) to expand cooperation of the Department with the intelligence community for energy sector-related threat collection and analysis;(C) to enhance the tools of the Department and E-ISAC for monitoring the status of the energy sector;(D) to expand industry participation in E-ISAC; and(E) to provide technical assistance to small electric utilities for purposes of assessing and improving cybermaturity levels and addressing gaps identified in the assessment.
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(2) There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026.
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(3) In carrying out the program developed under paragraph (1), the Secretary may—(A) develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired;(B) provide modeling at the national level to predict impacts from natural or human-made events;(C) add physical security to the cybersecurity maturity model;(D) conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid, including providing mitigation recommendations;(E) conduct research on hardening solutions for critical components of the electric grid;(F) conduct research on mitigation and recovery solutions for critical components of the electric grid; and(G) provide technical assistance to States and other entities for standards and risk analysis.
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(5) There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026.
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(a) The Secretary may require, as the Secretary determines appropriate, a recipient of any award or other funding under this division—(1) to submit to the Secretary, prior to the issuance of the award or other funding, a cybersecurity plan that demonstrates the cybersecurity maturity of the recipient in the context of the project for which that award or other funding was provided; and(2) establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project.
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(e) 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; and
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Nothing in this part affects the authority, existing on the day before November 15, 2021, of any other Federal department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency in title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.).
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(1) Not later than 180 days after November 15, 2021, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the “Battery Material Processing Grant Program” (referred to in this subsection as the “program”), under which the Secretary shall award grants in accordance with this subsection.
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(i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials;(ii) to construct 1 or more new commercial-scale battery material processing facilities in the United States; and(iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary.
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(iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary.
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(i) give priority to an eligible entity that—(I) is located and operates in the United States;(II) is owned by a United States entity;(III) deploys North American-owned intellectual property and content;(IV) represents consortia or industry partnerships; and(V) will not use battery material supplied by or originating from a foreign entity of concern; and(ii) take into consideration whether a project—(I) provides workforce opportunities in low- and moderate-income communities;(II) encourages partnership with universities and laboratories to spur innovation and drive down costs;(III) partners with Indian Tribes; and(IV) takes into account—(aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and(bb) supply chain logistics.
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(i) to carry out 1 or more demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling;(ii) to construct 1 or more new commercial-scale advanced battery component manufacturing, advanced battery manufacturing, or recycling facilities in the United States; and(iii) to retool, retrofit, or expand 1 or more existing facilities located in the United States and determined qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing, and recycling.
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(iii) to retool, retrofit, or expand 1 or more existing facilities located in the United States and determined qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing, and recycling.
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(i) give priority to an eligible entity that—(I) is located and operates in the United States;(II) is owned by a United States entity;(III) deploys North American-owned intellectual property and content;(IV) represents consortia or industry partnerships; and(aa) if the eligible entity will use the grant for advanced battery component manufacturing, will not use battery material supplied by or originating from a foreign entity of concern; or(bb) if the eligible entity will use the grant for battery recycling, will not export recovered critical materials to a foreign entity of concern; and(ii) take into consideration whether a project—(I) provides workforce opportunities in low- and moderate-income or rural communities;(II) provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs;(III) encourages partnership with universities and laboratories to spur innovation and drive down costs;(IV) partners with Indian Tribes;(V) takes into account—(aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and(bb) supply chain logistics; and(VI) utilizes feedstock produced in the United States.
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(d) Not later than 1 year after November 15, 2021, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of—(1) the number of grant applications received;(2) the number of grants awarded and the amount of each award;(3) the purpose and status of each project carried out using a grant; and(4) any other information the Secretary determines necessary.
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(4) any other information the Secretary determines necessary.
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(1) The Secretary shall continue to carry out the Lithium-Ion Battery Recycling Prize Competition of the Department established pursuant to section 3719 of title 15 (referred to in this subsection as the “competition”).
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(A) There is authorized to be appropriated to the Secretary to carry out Phase III of the competition, $10,000,000 for fiscal year 2022, to remain available until expended.
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(B) The Secretary may use amounts made available under subparagraph (A)—(i) to increase the number of winners of Phase III of the competition;(ii) to increase the amount awarded to each winner of Phase III of the competition; and(iii) to carry out any other activity that is consistent with the goals of Phase III of the competition, as determined by the Secretary.
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(iii) to carry out any other activity that is consistent with the goals of Phase III of the competition, as determined by the Secretary.
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(A) The Secretary, in coordination with the Administrator, shall award multiyear grants to eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries, including by addressing—(i) recycling activities;(ii) the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling, reuse, recovery, and recycling of battery components and materials;(iii) strategies to increase consumer acceptance of, and participation in, the recycling of batteries;(iv) the extraction or recovery of critical minerals from batteries that are recycled;(v) the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals;(vi) safe disposal of waste materials and components recovered during the recycling process;(vii) the protection of the health and safety of all persons involved in, or in proximity to, recycling and reprocessing activities, including communities located near recycling and materials reprocessing facilities;(viii) mitigation of environmental impacts that arise from recycling batteries, including disposal of toxic reagents and byproducts related to recycling processes;(ix) protection of data privacy associated with collected covered battery-containing products;(x) the optimization of the value of material derived from recycling batteries; and(xi) the cost-effectiveness and benefits of the reuse and recycling of batteries and critical minerals.
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(B) The Secretary, in coordination with the Administrator, may award a grant under subparagraph (A) to—(i) an institution of higher education;(ii) a National Laboratory;(iii) a Federal research agency;(v) a nonprofit organization;(vi) an industrial entity;(vii) a manufacturing entity;(viii) a private battery-collection entity;(ix) an entity operating 1 or more battery recycling activities;(x) a State or municipal government entity;(xi) a battery producer;(xii) a battery retailer; or(xiii) a consortium of 2 or more entities described in clauses (i) through (xii).
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(i) To be eligible to receive a grant under subparagraph (A), an eligible entity described in subparagraph (B) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
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(D) There is authorized to be appropriated to the Secretary to carry out this paragraph $60,000,000 for the period of fiscal years 2022 through 2026.
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(A) The Secretary, in coordination with the Administrator, shall establish a program under which the Secretary shall award grants, on a competitive basis, to States and units of local government to assist in the establishment or enhancement of State battery collection, recycling, and reprocessing programs.
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(C) Not later than 2 years after November 15, 2021, and annually thereafter, the Secretary shall submit to Congress a report that describes the number of battery collection points established or enhanced, an estimate of jobs created, and the quantity of material collected as a result of the grants awarded under subparagraph (A).
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(D) There is authorized to be appropriated to the Secretary to carry out this paragraph $50,000,000 for the period of fiscal years 2022 through 2026.
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(A) The Secretary shall award grants, on a competitive basis, to retailers that sell covered batteries or covered battery-containing products to establish and implement a system for the acceptance and collection of covered batteries and covered battery-containing products, as applicable, for reuse, recycling, or proper disposal.
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(C) There is authorized to be appropriated to the Secretary to carry out this paragraph $15,000,000 for the period of fiscal years 2022 through 2026.
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(A) The Secretary, in coordination with the Administrator, shall convene a task force to develop an extended battery producer responsibility framework that—(i) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements, product design, collection models, and transportation of collected materials;(ii) provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework; and(iii) outlines regulatory pathways for effective recycling.
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(iii) other relevant stakeholders, such as environmental, energy, or consumer organizations, as determined by the Secretary.
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(C) Not later than 1 year after the date on which the Secretary, in coordination with Administrator, convenes the task force under subparagraph (A), the Secretary shall submit to Congress a report that—(i) describes the extended producer responsibility framework developed by the task force;(ii) includes the recommendations of the task force on how best to implement a mandatory pay-in or other enforcement mechanism to ensure that battery producers and sellers are contributing to the recycling of batteries; and(iii) suggests regulatory pathways for effective recycling.
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(I) other advanced energy property designed to reduce greenhouse gas emissions, as may be determined by the Secretary.
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(ii) re-equips an industrial or manufacturing facility with equipment designed to reduce the greenhouse gas emissions of that facility substantially below the greenhouse gas emissions under current best practices, as determined by the Secretary, through the installation of—(I) low- or zero-carbon process heat systems;(II) carbon capture, transport, utilization, and storage systems;(III) technology relating to energy efficiency and reduction in waste from industrial processes; or(IV) any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary;
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(IV) any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary;
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(B) has a reasonable expectation of commercial viability, as determined by the Secretary; and
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(1) Each 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 description of the proposed qualifying advanced energy project to be carried out using the grant.
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(A) In selecting eligible entities to receive grants under the Program, the Secretary shall, with respect to the qualifying advanced energy projects proposed by the eligible entities, give higher priority to projects that—(i) will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases;(ii) will result in a higher level of domestic job creation (both direct and indirect) during the lifetime of the project;(iii) will result in a higher level of job creation in the vicinity of the project, particularly with respect to—(I) low-income communities (as described in section 45D(e) of the Internal Revenue Code of 1986); and(II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;(iv) have higher potential for technological innovation and commercial deployment;(v) have a lower levelized cost of—(I) generated or stored energy; or(II) measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain); and(vi) have a shorter project time.
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(B) to return to the Secretary any grant funds that remain unobligated at the end of that 3-year period.
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(2) If the Secretary determines that an eligible entity awarded a grant under the Program has carried out the applicable qualifying advanced energy project at a location that is materially different from the location specified in the application for the grant, the eligible entity shall be required to return the grant funds to the Secretary.
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(1) Not later than 180 days after November 15, 2021, the Secretary shall provide technical assistance on a selective basis to eligible entities that are seeking a grant under the Program to enhance the impact of the qualifying advanced energy project to be carried out using the grant with respect to the selection criteria described in subsection (c)(2)(A).
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(2) An eligible entity desiring technical assistance under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
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(3) In selecting eligible entities for technical assistance under paragraph (1), the Secretary shall give higher priority to eligible entities that propose a qualifying advanced energy project that has greater potential for enhancement of the impact of the project with respect to the selection criteria described in subsection (c)(2)(A).
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(g) Not later than 4 years after November 15, 2021, the Secretary shall—(1) review the grants awarded under the Program; and(2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing those grants.
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(1) In order to support supply chain resiliency, the Secretary, in coordination with the Director, shall issue awards, on a competitive basis, to eligible entities described in paragraph (2) to support basic research that will accelerate innovation to advance critical minerals mining, recycling, and reclamation strategies and technologies for the purposes of—(A) making better use of domestic resources; and(B) eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.
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(1) The Secretary, in consultation with the Director, the Secretary of the Interior, and the Secretary of Commerce, shall establish a grant program to finance pilot projects for—(A) the processing or recycling of critical minerals in the United States; or(B) the development of critical minerals and metals in the United States3
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(3) In awarding grants under paragraph (1), the Secretary shall give priority to projects that the Secretary determines are likely to be economically viable over the long term.
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(4) In awarding grants under paragraph (1), the Secretary shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals.
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(5) In awarding grants for the development of critical minerals and metals under paragraph (1)(B), the Secretary shall prioritize pilot projects that will process the critical minerals and metals domestically.
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(6) In awarding grants under paragraph (1), the Secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern.
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(7) There is authorized to be appropriated to the Secretary to carry out the grant program established under paragraph (1) $100,000,000 for each of fiscal years 2021 through 2024.
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(a) The Secretary shall establish a board, to be known as the “21st Century Energy Workforce Advisory Board”, to develop a strategy for the Department that, with respect to the role of the Department in the support and development of a skilled energy workforce—(1) meets the current and future industry and labor needs of the energy sector;(2) provides opportunities for students to become qualified for placement in traditional energy sector and emerging energy sector jobs;(3) identifies areas in which the Department can effectively utilize the technical expertise of the Department to support the workforce activities of other Federal agencies;(4) strengthens and engages the workforce training programs of the Department and the National Laboratories in carrying out the Equity in Energy Initiative of the Department and other Department workforce priorities;(5) develops plans to support and retrain displaced and unemployed energy sector workers; and(6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian Tribes, women, veterans, and socioeconomically disadvantaged individuals.
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(1) The Board shall be composed of not fewer than 10 and not more than 15 members, with the initial members of the Board to be appointed by the Secretary not later than 1 year after November 15, 2021.
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(ii) in consultation with the Secretary of Labor, develop recommendations for the skills necessary to develop a workforce trained to work in those energy sectors.
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(A) Not later than 1 year after the date on which the Board is established under this section, and biennially thereafter until the date on which the Board is terminated under subsection (f), the Board shall submit to the Secretary a report containing, with respect to the strategy required under subsection (a)—(i) the findings of the Board; and(ii) the proposed energy workforce strategy of the Board.
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(B) Not later than 90 days after the date on which a report is submitted to the Secretary under subparagraph (A), the Secretary shall—(i) submit to the Board a response to the report that—(I) describes whether the Secretary approves or disapproves of each recommendation of the Board under subparagraph (A); and(II) if the Secretary approves of a recommendation, provides an implementation plan for the recommendation; and(ii) submit to Congress—(I) the report of the Board under subparagraph (A); and(II) the response of the Secretary under clause (i).
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(I) describes whether the Secretary approves or disapproves of each recommendation of the Board under subparagraph (A); and
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(II) if the Secretary approves of a recommendation, provides an implementation plan for the recommendation; and
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(II) the response of the Secretary under clause (i).
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(I) the date on which the Board receives the response of the Secretary under subparagraph (B)(i); and
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(II) the date that is 90 days after the date on which the Board submitted the report to the Secretary.
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(ii) If the Board has received a response to a report from the Secretary under subparagraph (B)(i), the Board shall make that response publicly available with the applicable report.
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(d) Not later than 180 days before the date of expiration of a term of the Board under subsection (f), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that—(1) describes the effectiveness and accomplishments of the Board during the applicable term;(2) contains a determination of the Secretary as to whether the Board should be renewed; and(3) if the Secretary determines that the Board should be renewed, any recommendations as to whether and how the scope and functions of the Board should be modified.
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(2) contains a determination of the Secretary as to whether the Board should be renewed; and
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(3) if the Secretary determines that the Board should be renewed, any recommendations as to whether and how the scope and functions of the Board should be modified.
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(2) The Secretary may renew the Board for 1 or more 5-year periods by submitting, not later than the date described in subsection (d), a report described in that subsection that contains a determination by the Secretary that the Board should be renewed.
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(b) Not later than 180 days after November 15, 2021, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro-reactors and small modular reactors.
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(1) The Secretary shall offer financial and technical assistance to entities to conduct feasibility studies for the purpose of identifying suitable locations for the deployment of micro-reactors, small modular reactors, and advanced nuclear reactors in isolated communities.
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(2) Prior to providing financial and technical assistance under paragraph (1), the Secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities.
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(3) The Secretary shall not disburse more than 50 percent of the amounts available for financial assistance under this subsection to the National Laboratories.
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(2) The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3).
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(1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and(2) to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (e) to receive credits under paragraph (2) of that subsection.
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(A) In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including—(i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including—(I) the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated;(II) any private or publicly available data with respect to current or projected bulk power market prices;(III) out-of-market revenue streams;(IV) operations and maintenance costs;(V) capital costs, including fuel; and(VI) operational and market risks;(ii) an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations;(iii) known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and(iv) a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated—(I) without receiving additional credits; or(II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period.
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(B) The Secretary shall accept applications described in subparagraph (A)—(i) until the date that is 120 days after November 15, 2021; and(ii) not less frequently than every year thereafter.
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(i) Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Secretary shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph.
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(ii) To the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if—(I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors;(II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and(III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor—(aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations)1 of the nuclear reactor; and(bb) poses no significant safety hazards.
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(I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors;
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(II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and
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(iii) In determining whether to certify a nuclear reactor under clause (i), the Secretary shall give priority to a nuclear reactor that uses, to the maximum extent available, uranium that is produced, converted, enriched, and fabricated into fuel assemblies in the United States.
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(B) For each application received under paragraph (1)(A), the Secretary shall provide to the applicable owner or operator, as applicable—(i) a notice of the certification of the applicable nuclear reactor; or(ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied.
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(1) Subject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that—(A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in subsection (c)(1)(A)(i)(I); and(B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated.
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(2) The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Secretary has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection.
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(1) Notwithstanding section 2209 of this title, the Secretary shall—(A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and(B) select certified nuclear reactors to be allocated credits.
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(3) To the maximum extent practicable, the Secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible.
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(2) Notwithstanding any other provision of this section, the Secretary may not allocate any credits after September 30, 2031.
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(1) During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Secretary shall periodically audit the certified nuclear reactor.
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(2) The Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)—(A) terminates operations; or(B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor.
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(3) The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used.
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(i) There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026.
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(2) To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability.
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(3) In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will—(A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project;(B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions;(C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project;(D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly—(i) in economically distressed areas; and(ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;(E) have the greatest potential for technological innovation and commercial deployment;(F) have the lowest levelized cost of generated or stored energy;(G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and(H) have the shortest project time from permitting to completion.
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(5) Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm—(A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and(B) the valid existing rights of any mining claimholders or operators.
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(d) The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites.
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(e) The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid.
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(f) 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.
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(1) the Secretary of Transportation;
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(2) the Secretary;
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(3) according to any other parameters that the Administrator, in collaboration with the Secretary of the Interior, acting through the Director of the United States Geological Survey, determines are needed for the Annual Critical Minerals Outlook.
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(1) the Secretary with respect to the possible trajectories of emerging energy-producing and energy-storing technologies; and
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(2) the Secretary of the Interior, acting through the Director of the United States Geological Survey—(A) to ensure coordination;(B) to avoid duplicative effort; and(C) to align the analysis of demand with data and analysis of where the minerals are produced, refined, and subsequently processed into materials and parts that are used to build energy technologies.
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(a) Not later than 1 year after November 15, 2021, under the State Energy Program, the Secretary shall establish a program under which the Secretary shall provide capitalization grants to States to establish a revolving loan fund under which the State shall provide loans and grants, as applicable, in accordance with this section.
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(A) Of the amounts made available under subsection (j), the Secretary shall use 40 percent to provide capitalization grants to States that are eligible for funding under the State Energy Program, in accordance with the allocation formula established under section 420.11 of title 10, Code of Federal Regulations (or successor regulations).
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(B) After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining States seeking capitalization grants under that subparagraph.
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(A) Of the amounts made available under subsection (j), the Secretary shall use 60 percent to provide supplemental capitalization grants to priority States in accordance with an allocation formula determined by the Secretary.
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(B) After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining priority States seeking supplemental capitalization grants under that subparagraph.
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(c) A State seeking a capitalization 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—(1) a detailed explanation of how the grant will be used, including a plan to establish a new revolving loan fund or use an existing revolving loan fund;(2) the need of eligible recipients for loans and grants in the State for assistance with conducting energy audits;(3) a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the State; and(4) in the case of a priority State seeking a supplemental capitalization grant under subsection (b)(2), a justification for needing the supplemental funding.
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(1) The Secretary shall establish a timeline with dates by, or periods by the end of, which a State shall—(A) on receipt of a capitalization grant under the program, deposit the grant funds into a revolving loan fund; and(B) begin using the capitalization grant as described in subsection (e)(1).
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(III) estimate the energy and cost savings potential of the opportunities identified in subclause (II) using software approved by the Secretary;
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(VI) estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented, using software approved by the Secretary.
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(V) provide a Home Energy Score, or equivalent score (as determined by the Secretary), for the residential building of the eligible recipient by using the Home Energy Score Tool of the Department or an equivalent scoring tool.
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(BB) the Secretary determines is otherwise satisfactory.
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(i) Each State that receives a capitalization grant under the program shall, not later than 2 years after a grant is received, submit to the Secretary a report that describes—(1) the number of recipients to which the State has distributed—(A) loans for—(i) commercial energy audits under subsection (e)(2)(A);(ii) residential energy audits under subsection (e)(2)(B);(iii) energy upgrades and retrofits under subsection (e)(2)(C); and(B) grants under subsection (e)(3); and(2) the average capital cost of upgrades and retrofits across all commercial energy audits and residential energy audits that were conducted in the State using loans provided by the State under subsection (e).
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(j) There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for fiscal year 2022, to remain available until expended.
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(B) meets any additional criteria determined necessary by the Secretary.
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(b) Under the State Energy Program, the Secretary shall establish a competitive grant program under which the Secretary shall award grants to eligible States to train individuals to conduct energy audits or surveys of commercial and residential buildings.
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(1) A State seeking a grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the energy auditor training program plan described in paragraph (2).
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(D) any additional information required by the Secretary.
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(g) There is authorized to be appropriated to the Secretary to carry out this section $40,000,000 for the period of fiscal years 2022 through 2026.
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(1) In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,300,000,000, to remain available through September 30, 2031, to carry out a program to award grants to State energy offices to develop and implement a HOMES rebate program.
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(A) The Secretary shall reserve funds made available under paragraph (1) for each State energy office—(i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and(ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
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(3) Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for—(A) administrative purposes; and(B) providing technical assistance relating to activities carried out under this section.
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(b) A State energy office seeking a grant under this section shall submit to the Secretary an application that includes a plan to implement a HOMES rebate program, including a plan—(1) to use procedures, as approved by the Secretary, for determining the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit that are calibrated to historical energy usage for a home consistent with BPI 2400, for purposes of modeled performance home rebates;(2) to use open-source advanced measurement and verification software, as approved by the Secretary, for determining and documenting the monthly and hourly (if available) weather-normalized energy use of a home before and after the implementation of a home energy efficiency retrofit, for purposes of measured performance home rebates;(3) to value savings based on time, location, or greenhouse gas emissions;(4) for quality monitoring to ensure that each home energy efficiency retrofit for which a rebate is provided is documented in a certificate that—(A) is provided by the contractor and certified by a third party to the homeowner; and(B) details the work performed, the equipment and materials installed, and the projected energy savings or energy generation to support accurate valuation of the retrofit;(5) to provide a contractor performing a home energy efficiency retrofit or an aggregator who has the right to claim a rebate $200 for each home located in a disadvantaged community that receives a home energy efficiency retrofit for which a rebate is provided under the program; and(6) to ensure that a homeowner or aggregator does not receive a rebate for the same upgrade through both a HOMES rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(7).
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(1) to use procedures, as approved by the Secretary, for determining the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit that are calibrated to historical energy usage for a home consistent with BPI 2400, for purposes of modeled performance home rebates;
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(2) to use open-source advanced measurement and verification software, as approved by the Secretary, for determining and documenting the monthly and hourly (if available) weather-normalized energy use of a home before and after the implementation of a home energy efficiency retrofit, for purposes of measured performance home rebates;
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(3) On approval from the Secretary, notwithstanding paragraph (2), a State energy office carrying out a HOMES rebate program using a grant awarded pursuant to this section may increase rebate amounts for low- or moderate-income households.
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(1) The term “disadvantaged community” means a community that the Secretary determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged.
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(1) In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to carry out a program—(A) to award grants to State energy offices to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $4,275,000,000, to remain available through September 30, 2031; and(B) to award grants to Indian Tribes to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $225,000,000, to remain available through September 30, 2031.
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(A) The Secretary shall reserve funds made available under paragraph (1)(A) for each State energy office—(i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and(ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
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(B) The Secretary shall reserve funds made available under paragraph (1)(B)—(i) in a manner determined appropriate by the Secretary; and(ii) to be distributed to an Indian Tribe if the application of the Indian Tribe under subsection (b) is approved.
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(i) in a manner determined appropriate by the Secretary; and
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(3) Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for—(A) administrative purposes; and(B) providing technical assistance relating to activities carried out under this section.
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(b) A State energy office or Indian Tribe seeking a grant under the program shall submit to the Secretary an application that includes a plan to implement a high-efficiency electric home rebate program, including—(1) a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project;(2) a plan to allow rebates for qualified electrification projects at the point of sale in a manner that ensures that the income eligibility of an eligible entity seeking a rebate may be verified at the point of sale;(3) a plan to ensure that an eligible entity does not receive a rebate for the same qualified electrification project through both a high-efficiency electric home rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(8); and(4) any additional information that the Secretary may require.
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(4) any additional information that the Secretary may require.
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(5) The term “program” means the program carried out by the Secretary under subsection (a)(1).
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(iii) is carried out at, or relating to, a single-family home or multifamily building, as applicable and defined by the Secretary.
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(a) In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $200,000,000, to remain available through September 30, 2031, to carry out a program to provide financial assistance to States to develop and implement a State program described in section 6322(d)(13) of this title, which shall provide training and education to contractors involved in the installation of home energy efficiency and electrification improvements, including improvements eligible for rebates under a HOMES rebate program (as defined in section 18795(d) of this title) or a high-efficiency electric home rebate program (as defined in section 18795a(d) of this title), as part of an approved State energy conservation plan under the State Energy Program.
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(a) The Secretary shall provide grants to institutions of higher education (as defined in section 1001 of title 20) and Tribal Colleges or Universities (as defined in section 1059c(b) of title 20) to establish building training and assessment centers—(1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings;(2) to promote the application of emerging concepts and technologies in commercial and institutional buildings;(3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation;(4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians;(5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and(6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States.
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(1) The Secretary shall coordinate the program with the industrial research and assessment centers program under section 17116 of this title and with other Federal programs to avoid duplication of effort.
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(c) There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended.
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(b) The Secretary shall award grants to eligible entities to pay the Federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies.
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(d) There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended.
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The Secretary shall expand the scope of technologies covered by the industrial research and assessment centers of the Department—
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(1) Not later than 180 days after November 15, 2021, the Secretary shall conduct a study on how the Department can increase access to existing high-performance computing resources in the National Laboratories, particularly for small and medium manufacturers.
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(2) In identifying ways to increase access to National Laboratories under paragraph (1), the Secretary shall—(A) focus on increasing access to the computing facilities of the National Laboratories; and(B) ensure that—(i) the information from the manufacturer is protected; and(ii) the security of the National Laboratory facility is maintained.
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(3) Not later than 1 year after November 15, 2021, the Secretary shall submit to Congress a report describing the results of the study.
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(b) The Secretary shall facilitate access to the National Laboratories studied under subsection (a) for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the National Laboratories to enhance the manufacturing competitiveness of the United States.
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(a) The Secretary may provide financial assistance on a competitive basis to States for the establishment of programs to be used as models for supporting the implementation of smart manufacturing technologies.
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(2) The Secretary shall evaluate an application for financial assistance under this section on the basis of merit using criteria identified by the Secretary, including—(A) technical merit, innovation, and impact;(B) research approach, workplan, and deliverables;(C) academic and private sector partners; and(D) alternate sources of funding.
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(f) There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026.
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The Secretary annually shall submit to Congress and make publicly available a report on the progress made in advancing smart manufacturing in the United States.
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(b) The Secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section.
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(1) In awarding grants under this section, the Secretary shall give priority to an eligible entity—(A) that has renovation, repair, and improvement funding needs;(i) that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or(ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census; and(C) that leverages private sector investment through energy-related performance contracting.
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(i) that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or
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(e) The competitive criteria used by the Secretary to award grants under this section shall include the following:(1) The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local educational agency for those energy improvements, including consideration of—(A) the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, modernization, and major repair projects for schools;(B) the ability of the partnering local educational agency to issue bonds or receive other funds to support the current infrastructure needs of the partnering local educational agency for schools; and(C) the bond rating of the partnering local educational agency.(2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements.(3) The potential energy efficiency and safety benefits from the proposed energy improvements.
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(i) An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing—(1) the use of the grant funds for energy improvements;(2) the estimated cost savings realized by those energy improvements;(3) the results of any third-party investigation and analysis conducted relating to those energy improvements;(4) the use of any utility programs and public benefit funds; and(5) the use of performance tracking for energy improvements, such as—(A) the Energy Star program established under section 6294a of this title; or(B) the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for existing buildings.
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(j) 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.
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(1) The Secretary may award grants under the program established under subsection (b).
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(2) The Secretary may award a grant under paragraph (1) if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe.
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(3) In determining whether to award a grant under paragraph (1), the Secretary shall apply performance-based criteria, which shall give priority to applicants based on—(A) the energy savings achieved;(B) the cost effectiveness of the use of energy-efficiency materials;(C) an effective plan for evaluation, measurement, and verification of energy savings; and(D) the financial need of the applicant.
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(d) There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.
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(1) The Secretary shall establish a council, to be known as the “Energy Jobs Council” (referred to in this section as the “Council”).
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(A) to be appointed by the Secretary—(i) 1 or more representatives of the Energy Information Administration; and(ii) 1 or more representatives of a State energy office that are serving as members of the State Energy Advisory Board established by section 6325(g) of this title;
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(B) to be appointed by the Secretary of Commerce—(i) 1 or more representatives of the Department of Commerce; and(ii) 1 or more representatives of the Bureau of the Census;
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(C) 1 or more representatives of the Bureau of Labor Statistics, to be appointed by the Secretary of Labor; and
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(B) perform an analysis of the employment figures and demographics in those sectors, including the number of personnel in each sector who devote a substantial portion of working hours, as determined by the Secretary, to regulatory compliance matters.
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(i) the Secretary of Commerce;
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(ii) the Secretary of Transportation;
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(1) Not later than 1 year after November 15, 2021, and annually thereafter, the Secretary shall—(A) make publicly available on the website of the Department a report, to be entitled the “U.S. Energy and Employment Report”, describing the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States, and the average number of hours devoted to regulatory compliance, based on the survey and analysis conducted under subsection (b); and(B) subject to the requirements of subchapter III of chapter 35 of title 44, make the data collected by the Council publicly available on the website of the Department.
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(1) Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power systems.
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(1) Not later than 18 months after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1).
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(3) In establishing the model guidance under this subsection, the Secretary shall take into consideration—(A) the appropriateness of using standards or procedures for interconnection service that vary based on unit size, fuel type, or other relevant characteristics;(B) the appropriateness of establishing fast-track procedures for interconnection service;(C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of November 15, 2021;(D) the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services;(E) the appropriate duration, magnitude, or usage of demand charge ratchets;(F) potential alternative arrangements with respect to the procurement of additional services, including—(i) contracts tailored to individual electric consumers for additional services;(ii) procurement of additional services by an electric utility from a competitive market; and(iii) waivers of fees or rates for additional services for small electric consumers; and(G) outcomes such as increased electric reliability, fuel diversification, enhanced power quality, and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems.
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(a) All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this division or an amendment made by this division shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40 (commonly referred to as the “Davis-Bacon Act”).
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(b) With respect to the labor standards specified in subsection (a), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40.
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(A) receives or is eligible to receive funding from the Secretary; and
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(b) The Secretary, in coordination with the heads of relevant program offices of the Department, including the Office of Technology Transitions, the Loan Program Office, and all applied program offices, shall establish a program to conduct project management and oversight of covered projects, including by—(1) conducting evaluations of proposals for covered projects before the selection of a covered project for funding;(2) conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and(3) ensuring a balanced portfolio of investments in covered projects.
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(c) The Secretary shall appoint a head of the program who shall, in coordination with the heads of relevant program offices of the Department—(1) evaluate proposals for covered projects, including scope, technical specifications, maturity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based on economic and policy projections;(2) develop independent cost estimates for a proposal for a covered project, if appropriate;(3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project;(4) oversee the execution of covered projects that receive funding from the Secretary, including reconciling estimated costs as compared to actual costs;(5) conduct reviews of ongoing covered projects, including—(A) evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones; and(B) providing the evaluations under subparagraph (A) to the Secretary; and
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(B) providing the evaluations under subparagraph (A) to the Secretary; and
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(d) To carry out the program, the Secretary may hire appropriate personnel, including by using the authorities in section 19321 of this title, to perform the duties of the program.
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(1) In accordance with section 16391a of this title, the Secretary shall include in each updated technology transfer execution plan submitted under subsection (h)(2) of section 16391 of this title information on the implementation of and progress made under the program, including, for the year covered by the report—(B) the review of each covered project carried out under subsection (c)(5).