§18791. Definitions — Inbound Citations
42 U.S.C. § 18791
Cited by 356 provisions in release 119-102.
Citations to §18791(1)
-
(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.
-
(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.
-
(4) in the case of a priority State seeking a supplemental capitalization grant under subsection (b)(2), a justification for needing the supplemental funding.
Citations to §18791(2)
-
(5) The term “program” means the program established under subsection (b).
-
(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.
-
(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.
-
(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.
-
(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.
-
(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.
-
(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.
-
(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.
-
(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.
-
(B) administrative expenses associated with the program.
-
(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.
-
(1) A grant awarded to an eligible entity under the program may be used for activities, technologies, equipment, and hardening measures to reduce the likelihood and consequences of disruptive events, including—(A) weatherization technologies and equipment;(B) fire-resistant technologies and fire prevention systems;(C) monitoring and control technologies;(D) the undergrounding of electrical equipment;(E) utility pole management;(F) the relocation of power lines or the reconductoring of power lines with low-sag, advanced conductors;(G) vegetation and fuel-load management;(H) the use or construction of distributed energy resources for enhancing system adaptive capacity during disruptive events, including—(i) microgrids; and(ii) battery-storage subcomponents;(I) adaptive protection technologies;(J) advanced modeling technologies;(K) hardening of power lines, facilities, substations, of1 other systems; and(L) the replacement of old overhead conductors and underground cables.
-
(A) A grant awarded to an eligible entity under the program may not be used for—(i) construction of a new—(I) electric generating facility; or(II) large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events; or(ii) cybersecurity.
-
(i) An eligible entity may not seek cost recovery for the portion of the cost of any system, technology, or equipment that is funded through a grant awarded under the program.
-
(ii) Nothing in this subparagraph prohibits an eligible entity from recovering through traditional or incentive-based ratemaking any portion of an investment in a system, technology, or equipment that is not funded by a grant awarded under the program.
-
(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).
-
(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.
-
(B) administrative expenses associated with the program.
-
(B) The term “program” means the competitive Federal financial assistance program established under paragraph (2).
-
(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).
-
(3) The purpose of the program is to coordinate and collaborate with electric sector owners and operators—(A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and(B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis.
-
(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.
-
(6) Section 16352 of this title shall apply to Federal financial assistance provided under the program.
-
(I) the policies, technical specifications, and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers;
-
(6) The term “program” means the Transmission Facilitation Program established by subsection (b).
-
(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).
-
(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);
-
(B) all amounts borrowed from the Secretary of the Treasury by the Secretary for the program under paragraph (2); and
-
(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.
-
(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.
-
(A) to ensure the success of the program; and
-
(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.
-
(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.
-
(C) to provide technical assistance for electric utilities subject to the program;
-
(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).
-
(i) existing Department and Department of Homeland Security programs; and
-
(ii) existing programs of the Federal agencies determined to be appropriate under paragraph (1).
-
(2) The term “program” means the voluntary Energy Cyber Sense program established under subsection (b).
-
(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.
-
(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.
-
(e) Nothing in this section authorizes the commencement of an action against the United States with respect to the testing of a product or technology under the program.
-
(4) The term “Program” means the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program established under subsection (b).
-
(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.
-
(2) to increase the participation of eligible entities in cybersecurity threat information sharing programs.
-
(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;
-
(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.
-
(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).
-
(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.
-
(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.
-
(2) The objective of the program developed under paragraph (1) is to increase the functional preservation of electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances.
-
(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.
-
(4) will leverage applicable cybersecurity programs of the Department, including cyber vulnerability testing and security engineering evaluations.
-
(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.
-
(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.
-
(2) The purposes of the program are—(A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain;(B) to expand the capabilities of the United States in advanced battery manufacturing;(C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and(D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries.
-
(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.
-
(B) The amount of a grant awarded under the program shall be not less than—(i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i);(ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and(iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii).
-
(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.
-
(2) The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain.
-
(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.
-
(B) The amount of a grant awarded under the program shall be not less than—(i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i);(ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and(iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii).
-
(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.
-
(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.
-
(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.
-
(5) The term “Program” means the grant program established under subsection (b).
-
(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.
-
(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.
-
(1) An eligible entity that receives a grant under the Program shall be required—(A) to complete the qualifying advanced energy project funded by the grant not later than 3 years after the date of receipt of the grant funds; and(B) to return to the Secretary any grant funds that remain unobligated at the end of that 3-year period.
-
(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.
-
(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).
-
(1) review the grants awarded under the Program; and
-
(D) to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being, and industrial production.
-
(G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance—(i) scientific and technical capabilities across critical mineral supply chains, including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification, more efficient use, recycling, and substitution for critical minerals; and(ii) cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environmental health and safety research and development; and
-
(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
-
(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.
-
(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;
-
(B) existing energy workforce training programs.
-
(3) encourage the energy industry to improve the opportunities for students of minority-serving institutions, veterans, and displaced and unemployed energy workers to participate in internships, preapprenticeships, apprenticeships, and cooperative work-study programs in the energy industry; and
-
(4) work with the National Laboratories to increase the participation of underrepresented groups, veterans, and displaced and unemployed energy workers in internships, fellowships, training programs, and employment at the National Laboratories.
-
(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);
-
(C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or
-
(ii) for which Federal funding is provided under a program focused on development and demonstration.
-
(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.
-
(i) The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on November 15, 2021.
-
(ii) An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments.
-
(4) The term “program” means the demonstration program established under subsection (b).
-
(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.
-
(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.
-
(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.
-
(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.
-
(ii) access to utility demand-side management programs and bill credits;
-
(3) electric utilities offering managed-charging programs;
-
(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.
-
(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.
-
(A) on receipt of a capitalization grant under the program, deposit the grant funds into a revolving loan fund; and
-
(A) shall provide loans in accordance with paragraph (2); and(B) may provide grants in accordance with paragraph (3).
-
(i) A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a commercial energy audit.
-
(i) A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a residential energy audit.
-
(I) utilize the same evaluation criteria as the Home Performance Assessment used in the Energy Star program established under section 6294a of this title;
-
(i) A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (ii) to carry out upgrades or retrofits of building infrastructure and systems that—(I) are recommended in the commercial energy audit or residential energy audit, as applicable, completed for the building or facility of the eligible recipient;(II) satisfy at least 1 of the criteria in the Home Performance Assessment used in the Energy Star program established under section 6294a of this title;(III) improve, with respect to the building or facility of the eligible recipient—(aa) the physical comfort of the building or facility occupants;(bb) the energy efficiency of the building or facility; or(cc) the quality of the air in the building or facility; and(aa) are lifecycle cost-effective; and(AA) reduce the energy intensity of the building or facility of the eligible recipient; or(BB) improve the control and management of energy usage of the building or facility to reduce demand during peak times.
-
(II) satisfy at least 1 of the criteria in the Home Performance Assessment used in the Energy Star program established under section 6294a of this title;
-
(A) A State that receives a capitalization grant under the program may use not more than 25 percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph (B) to carry out the activities described in subparagraphs (A), (B), and (C) of paragraph (2).
-
(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).
-
(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.
-
(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).
-
(2) An energy auditor training program plan submitted with an application under paragraph (1) shall include—(i) a proposed training curriculum for energy audit trainees; and(ii) an identification of the covered certification that those trainees will receive on completion of that training curriculum;(B) the expected per-individual cost of training;(C) a plan for connecting trainees with employment opportunities; and(D) any additional information required by the Secretary.
-
(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.
-
(B) Not earlier than 2 years after August 16, 2022, any money reserved under subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a HOMES rebate program using a grant received under this section in proportion to the amount distributed to those State energy offices under subparagraph (A)(ii).
-
(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).
-
(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).
-
(2) Subject to paragraph (3), under a HOMES rebate program, the amount of a rebate shall not exceed—(A) for individuals and aggregators carrying out energy efficiency upgrades of single-family homes—(i) in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, the lesser of—(I) $2,000; and(II) 50 percent of the project cost;(ii) in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of—(I) $4,000; and(II) 50 percent of the project cost; and(iii) for measured energy savings, in the case of a home or portfolio of homes that achieves energy savings of not less than 15 percent—(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use for the average home in the State; or(II) 50 percent of the project cost;(B) for multifamily building owners and aggregators carrying out energy efficiency upgrades of multifamily buildings—(i) in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, $2,000 per dwelling unit, with a maximum of $200,000 per multifamily building;(ii) in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, $4,000 per dwelling unit, with a maximum of $400,000 per multifamily building; or(iii) for measured energy savings, in the case of a multifamily building or portfolio of multifamily buildings that achieves energy savings of not less than 15 percent—(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use per dwelling unit for the average multifamily building in the State; or(II) 50 percent of the project cost; and(C) for individuals and aggregators carrying out energy efficiency upgrades of a single-family home occupied by a low- or moderate-income household or a multifamily building not less than 50 percent of the dwelling units of which are occupied by low- or moderate-income households—(i) in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, the lesser of—(I) $4,000 per single-family home or dwelling unit; and(II) 80 percent of the project cost;(ii) in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of—(I) $8,000 per single-family home or dwelling unit; and(II) 80 percent of the project cost; and(iii) for measured energy savings, in the case of a single-family home, multifamily building, or portfolio of single-family homes or multifamily buildings that achieves energy savings of not less than 15 percent—(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $4,000 for a 20 percent reduction of energy use per single-family home or dwelling unit, as applicable, for the average single-family home or multifamily building in the State; or(II) 80 percent of the project cost.
-
(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.
-
(7) A rebate provided by a State energy office under a HOMES rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a high-efficiency electric home rebate program (as defined in section 18795a(d) of this title), for the same single upgrade.
-
(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.
-
(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.
-
(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.
-
(i) subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a high-efficiency electric home rebate program in proportion to the amount distributed to those State energy offices under that clause; and
-
(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.
-
(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.
-
(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
-
(A) The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of an appliance under a qualified electrification project shall be—(i) not more than $1,750 for a heat pump water heater;(ii) not more than $8,000 for a heat pump for space heating or cooling; and(iii) not more than $840 for—(I) an electric stove, cooktop, range, or oven; or(II) an electric heat pump clothes dryer.
-
(B) The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of a nonappliance upgrade under a qualified electrification project shall be—(i) not more than $4,000 for an electric load service center upgrade;(ii) not more than $1,600 for insulation, air sealing, and ventilation; and(iii) not more than $2,500 for electric wiring.
-
(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
-
(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.
-
(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.
-
(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.
-
(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.
-
(5) The term “program” means the program carried out by the Secretary under subsection (a)(1).
-
(B) The term “qualified electrification project” does not include any project with respect to which the appliance, system, equipment, infrastructure, component, or other item described in subclauses (I) through (VIII) of subparagraph (A)(i) is not certified under the Energy Star program established by section 6294a of this title, if applicable.
-
(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.
-
(2) to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and
-
(3) to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a).
-
(c) Of the amounts received by a State under subsection (a), a State shall use not more than 10 percent for administrative expenses associated with developing and implementing a State program pursuant to that subsection.
-
(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.
-
(1) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor-management training programs;
-
(A) experience in implementing and operating worker skills training and education programs;
-
(B) the ability to identify and involve in training programs carried out under this section, target populations of individuals who would benefit from training and be actively involved in activities relating to energy efficiency and renewable energy industries; and
-
(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.
-
(c) The Federal share of the cost of carrying out a career skills training program described in subsection (b) shall be 50 percent.
-
(2) The term “industrial research and assessment center” means a center located at an institution of higher education, a trade school, a community college, or a union training program that—(A) receives funding from the Department;(B) provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant site; and(C) identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements, waste minimization, pollution prevention, and productivity improvement.
-
(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.
-
(1) to determine the impact and effectiveness of programs funded with the financial assistance; and
-
(H) An identification of other resources that are available to carry out the activities for which grant funds are requested under this section, including the availability of utility programs and public benefit funds.
-
(4) the use of any utility programs and public benefit funds; and
-
(A) the Energy Star program established under section 6294a of this title; or
-
(1) The Secretary may award grants under the program established under subsection (b).
-
(2) The term “program” means the program established under subsection (b).
-
(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.
-
(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
-
(3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project;
-
(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.
-
(1) project management and acquisition management entities with the Department, including the Office of Project Management; and(2) professional organizations in project management, construction, cost estimation, and other relevant fields.
-
(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).
-
(2) Not later than 3 years after November 15, 2021, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the operation of the program, including—(A) a description of the processes and procedures used by the program to evaluate proposals of covered projects and the oversight of covered projects; and(B) any recommended changes in the program, including changes to—(i) the processes and procedures described in subparagraph (A); and
-
(B) any recommended changes in the program, including changes to—(i) the processes and procedures described in subparagraph (A); and
Citations to §18791(3)
-
(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.
-
(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.
-
(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).
-
(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.
-
(i) describe the criteria and methods that will be used by the State or Indian Tribe to award grants to eligible entities;
-
(iii) describe the proposed funding distributions and recipients of the grants to be provided by the State or Indian Tribe.
-
(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).
-
(i) The total population of the State or Indian Tribe.
-
(I) The total area of the State or the land of the Indian Tribe; or
-
(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.
-
(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.
-
(IV) any other federally declared disaster or emergency in the State or on the land of the Indian Tribe.
-
(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.
-
(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.
-
(ii) all other data used in distributing grants to States and Indian Tribes under this subsection.
-
(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.
-
(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.
-
(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.
-
(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.
-
(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.
-
(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.
-
(2) 50 percent is used to make grants to States and Indian Tribes under subsection (d).
-
(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.
-
(i) a State;
-
(ii) a combination of 2 or more States;
-
(B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis.
-
(i) potential review by a State regulatory entity of the revenue requirement of an electric utility; and
-
(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;
-
(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.
-
(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.
-
(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.
-
(2) The terms “electric utility” and “State regulatory authority” have the meanings given the terms in section 796 of title 16.
-
(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.
-
(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.
-
(B) a utility owned by a political subdivision of a State, such as a municipally owned electric utility;
-
(C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State;
-
(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.
-
(G) provide technical assistance to States and other entities for standards and risk analysis.
-
(x) a State or municipal government entity;
-
(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.
-
(ii) States and municipalities; and
-
(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;
-
(i) The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on November 15, 2021.
-
(ii) An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments.
-
(A) Not later than 90 days after November 15, 2021, the Administrator shall establish an online database to track the operation of the bulk power system in the contiguous 48 States (referred to in this section as the “Dashboard”).
-
(A) Not later than 1 year after November 15, 2021, the Administrator shall expand the Dashboard to include, to the maximum extent practicable, hourly operating data collected from the electricity balancing authorities that operate the bulk power system in all of the several States, each territory of the United States, and the District of Columbia.
-
(C) data collected by State or regional energy credit registries.
-
(i) enabling the presentation of data in an interactive cartographic format on a national, regional, State, and local level with the functionality of viewing various economic, energy, and demographic measures on an individual basis or in combination; and
-
(4) States or State agencies; and
-
(C) State or regional energy credit registries, as the Administrator determines to be appropriate;
-
(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.
-
(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).
-
(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.
-
(i) The amount of a supplemental capitalization grant provided to a State under this paragraph shall not exceed $15,000,000.
-
(ii) A supplemental capitalization grant received by a State under this paragraph shall supplement, not supplant, a capitalization grant received by that State under paragraph (1).
-
(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.
-
(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
-
(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).
-
(2) Under the timeline established under paragraph (1), a State shall be required to begin using a capitalization grant not more than 180 days after the date on which the grant is received.
-
(A) shall provide loans in accordance with paragraph (2); and(B) may provide grants in accordance with paragraph (3).
-
(i) A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a commercial energy audit.
-
(I) conducts the majority of its business in the State that provides the loan under that clause; and
-
(i) A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a residential energy audit.
-
(i) A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (ii) to carry out upgrades or retrofits of building infrastructure and systems that—(I) are recommended in the commercial energy audit or residential energy audit, as applicable, completed for the building or facility of the eligible recipient;(II) satisfy at least 1 of the criteria in the Home Performance Assessment used in the Energy Star program established under section 6294a of this title;(III) improve, with respect to the building or facility of the eligible recipient—(aa) the physical comfort of the building or facility occupants;(bb) the energy efficiency of the building or facility; or(cc) the quality of the air in the building or facility; and(aa) are lifecycle cost-effective; and(AA) reduce the energy intensity of the building or facility of the eligible recipient; or(BB) improve the control and management of energy usage of the building or facility to reduce demand during peak times.
-
(D) Following the completion of an audit under subparagraph (A) or (B) by an eligible recipient of a loan under the applicable subparagraph, the State may refer the eligible recipient to a qualified contractor, as determined by the State, to estimate—(i) the upfront capital cost of each recommended upgrade; and(ii) the total upfront capital cost of implementing all recommended upgrades.
-
(E) Each State providing loans under this paragraph shall, to the maximum extent practicable, provide loans to eligible recipients that do not have access to private capital.
-
(A) A State that receives a capitalization grant under the program may use not more than 25 percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph (B) to carry out the activities described in subparagraphs (A), (B), and (C) of paragraph (2).
-
(4) A State that provides a capitalization grant under paragraph (2)(C) to an eligible recipient described in clause (ii) of that paragraph may, not later than 1 year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed, provide to the eligible recipient a loan or, in accordance with paragraph (3), a grant to conduct a final energy audit that assesses the total energy savings from the upgrades or retrofits.
-
(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).
-
(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).
-
(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.
-
(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).
-
(d) The amount of a grant awarded to an eligible State under subsection (b)—(1) shall be determined by the Secretary, taking into account the population of the eligible State; and(2) shall not exceed $2,000,000 for any eligible State.
-
(2) shall not exceed $2,000,000 for any eligible State.
-
(1) An eligible State that receives a grant under subsection (b) shall use the grant funds—(A) to cover any cost associated with individuals being trained or certified to conduct energy audits by—(i) the State; or(B) subject to paragraph (2), to pay the wages of a trainee during the period in which the trainee receives training and certification.
-
(i) the State; or
-
(2) Not more than 10 percent of grant funds provided under subsection (b) to an eligible State may be used for the purpose described in paragraph (1)(B).
-
(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.
-
(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.
-
(ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
-
(B) Not earlier than 2 years after August 16, 2022, any money reserved under subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a HOMES rebate program using a grant received under this section in proportion to the amount distributed to those State energy offices under subparagraph (A)(ii).
-
(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).
-
(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use for the average home in the State; or
-
(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use per dwelling unit for the average multifamily building in the State; or
-
(I) a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $4,000 for a 20 percent reduction of energy use per single-family home or dwelling unit, as applicable, for the average single-family home or multifamily building in the State; or
-
(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.
-
(6) Activities carried out by a State energy office using a grant awarded pursuant to this section shall not be subject to the expenditure prohibitions and limitations described in section 420.18 of title 10, Code of Federal Regulations.
-
(7) A rebate provided by a State energy office under a HOMES rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a high-efficiency electric home rebate program (as defined in section 18795a(d) of this title), for the same single upgrade.
-
(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
-
(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.
-
(ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
-
(i) subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a high-efficiency electric home rebate program in proportion to the amount distributed to those State energy offices under that clause; and
-
(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.
-
(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
-
(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.
-
(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.
-
(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.
-
(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.
-
(b) A State may use amounts received under subsection (a)—(1) to reduce the cost of training contractor employees;(2) to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and(3) to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a).
-
(2) to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and
-
(3) to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a).
-
(c) Of the amounts received by a State under subsection (a), a State shall use not more than 10 percent for administrative expenses associated with developing and implementing a State program pursuant to that subsection.
-
(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.
-
(A) the methodologies that the Energy Information Administration, the Environmental Protection Agency, and State and local government managers use to maximize the quality, reliability, and integrity of data collected through the Survey, the Portfolio Manager database of the Environmental Protection Agency, and State and local building energy disclosure laws (including regulations), respectively, and the manner in which those methodologies can be improved; and
-
(2) is required to be publicly available on the internet under State and local government building energy disclosure laws (including regulations); and
-
(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.
-
(3) Each State that receives financial assistance under this section shall contribute matching funds in an amount equal to not less than 30 percent of the amount of the financial assistance.
-
(d) A State may use financial assistance provided under this section—(1) to facilitate access to high-performance computing resources for small and medium manufacturers; and(2) to provide assistance to small and medium manufacturers to implement smart manufacturing technologies and practices.
-
(2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out.
-
(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;
-
(C) is designed to elicit a comparable number of responses from businesses in each State and with the same North American Industry Classification System codes as were received for the 2016 and 2017 reports entitled “U.S. Energy and Employment Report”.
-
(B) States;
-
(C) the State Energy Advisory Board established by section 6325(g) of this title; and
-
(I) each State;
-
(A) The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.), within the meaning of title I of that Act (16 U.S.C. 2611 et seq.).
-
(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).
-
(i) States; or
Citations to §18791(4)
-
(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.
-
(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).
-
(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.
-
(i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and
-
(i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and
-
(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.