[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2940 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2940

      To promote green energy production, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2008

   Mr. Brown introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
      To promote green energy production, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Green Energy 
Production Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of program.
Sec. 4. Green Technology Investment Corporation.
Sec. 5. Green Technology Investment Fund.
Sec. 6. Component programs.
Sec. 7. Criteria for provision of grants, loans, and other assistance.
Sec. 8. Energy efficiency grants.
Sec. 9. Administration.
Sec. 10. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Biomass.--The term ``biomass'' has the meaning given 
        the term ``renewable biomass'' in section 211(o)(1) of the 
        Clean Air Act (42 U.S.C. 7545(o)(1)).
            (3) Environmentally protective.--The term ``environmentally 
        protective'' means, with respect to technology, technology 
        that--
                    (A) is most likely to result in the least impact to 
                land, forests, water quantity and quality, air quality, 
                and wildlife habitat; and
                    (B) possesses the highest potential for long-term 
                sustained production of green energy.
            (4) Green energy.--
                    (A) In general.--The term ``green energy'' has the 
                meaning given the term ``renewable energy''.
                    (B) Inclusion.--The term ``green energy'' includes 
                energy derived from coal produced in a manner that--
                            (i) sequesters carbon from carbon dioxide 
                        emissions at a minimum 85 percent capture rate 
                        on an annual basis; and
                            (ii) complies with section 1421(d) of the 
                        Safe Drinking Water Act (42 U.S.C. 300h(d)).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001)).
            (6) Renewable energy.--The term ``renewable energy'' means 
        electric energy generated at a facility (including a 
        distributed generation facility) from solar, wind, fuel cells, 
        biomass, geothermal, ocean energy, or landfill gas.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (8) Target area.--The term ``target area'' means--
                    (A) an area that has experienced a significant loss 
                of manufacturing employment;
                    (B) an area with a large manufacturing capacity;
                    (C) an area with an unemployment rate that is 
                higher than the national average unemployment rate; and
                    (D) priority for an area that includes a brownfield 
                site (as defined in section 101 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601)).

SEC. 3. ESTABLISHMENT OF PROGRAM.

    The Secretary shall establish a green technology investment program 
to develop high-tech green research capabilities, promote green 
innovation and green energy investment, and increase scientific 
knowledge that may reveal the basis for new or enhanced products, 
equipment, or processes, in target areas by--
            (1) assisting in the research and development of projects 
        that design, create, or formulate new or enhanced products, 
        equipment, or processes;
            (2) expanding and supporting world-class research 
        facilities;
            (3) supporting capital formation and the development of 
        innovative products; and
            (4) financing advanced manufacturing technologies to help 
        new and existing industries become more productive, more 
        environmentally protective, and carbon-neutral.

SEC. 4. GREEN TECHNOLOGY INVESTMENT CORPORATION.

    (a) Establishment.--
            (1) In general.--There is established in the Department of 
        Energy a corporation to be known as the ``Green Technology 
        Investment Corporation''.
            (2) Meetings.--The Corporation shall meet at least 4 times 
        during each fiscal year.
            (3) Rules for corporation business.--Not later than 1 year 
        after the date of enactment of this Act, the Corporation shall 
        establish rules for the conduct of business of the Corporation.
            (4) Applicable authority.--The Corporation shall be subject 
        to--
                    (A) subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act''); and
                    (B) all other Federal law applicable to quasi-
                autonomous agencies within the Department of Energy.
            (5) Administrative costs.--The Secretary shall--
                    (A) be responsible for paying all administrative 
                costs of the Corporation; and
                    (B) in conjunction with the Board of Directors of 
                the Corporation, take every reasonable action to reduce 
                and minimize administrative costs of carrying out this 
                section and the program.
    (b) Board of Directors.--
            (1) In general.--The Board of Directors of the Corporation 
        shall consist of 7 members, appointed by the President, by and 
        with the advice and consent of the Senate, who are--
                    (A) leaders from industry, labor, academia, 
                government, and nongovernment organizations; and
                    (B) selected based on having the necessary 
                expertise--
                            (i) to build world-class applied research 
                        capability;
                            (ii) to assist entrepreneurial innovators 
                        in accelerating formation and attraction of 
                        technology-based businesses;
                            (iii) to create product innovation;
                            (iv) to market the manufacturing 
                        competitiveness of the United States;
                            (v) to create domestic jobs and skills 
                        development opportunities in emerging domestic 
                        markets; and
                            (vi) to evaluate and advise on 
                        environmental sustainability and climate 
                        change.
            (2) Chairperson.--The President shall appoint, by and with 
        the advice and consent of the Senate, 1 member of the Board of 
        Directors to serve as Chairperson
    (c) Term of Service.--
            (1) In general.--Each member of the Board of Directors 
        shall be appointed for a term of 5 years.
            (2) Additional terms.--The President may appoint, by and 
        with the advice and consent of the Senate, a member of the 
        Board to serve additional terms of service.
    (d) Responsibilities.--The Corporation shall allocate funds, 
provide grants, and carry out programs under section 6, for all phases 
of technology commercialization, in accordance with this Act.

SEC. 5. GREEN TECHNOLOGY INVESTMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Green Technology Investment 
Fund'' (referred to in this section as the ``Fund''), consisting of 
such amounts as are appropriated to the Fund under section 10.
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Corporation, the Secretary of the Treasury shall transfer 
        from the Fund to the Corporation such amounts as the 
        Corporation determines are necessary to provide grants, loans, 
        and other assistance, and otherwise carry out programs, under 
        this Act (other than section 8).
            (2) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Fund shall be available for each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this Act.
    (c) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.

SEC. 6. COMPONENT PROGRAMS.

    (a) Green Development Loans.--The Corporation shall establish and 
carry out a loan program to carry out the purposes described in section 
3 (including conducting, or providing for the conduct of, scientific or 
technological inquiry and experimentation in the physical sciences).
    (b) Green Markets Program.--The Corporation shall establish and 
carry out a grant program--
            (1) to assist entities, including entities that are not 
        eligible for small business innovative research funding, to 
        receive grants to commercialize green energy products; and
            (2) to assist small and medium-sized businesses with 
        funding to acquire, renovate, or construct facilities or 
        purchase of equipment for--
                    (A) research programs;
                    (B) technology development;
                    (C) product development; and
                    (D) commercialization programs.
    (c) Green Redevelopment, Opportunity, and Workforce Grants.--The 
Corporation shall establish and carry out a grant program--
            (1) to assist small and medium-sized businesses in 
        accelerating new product development and commercialization of 
        technology products;
            (2) to assist small and medium-sized businesses in 
        capitalizing on early-stage investment, particularly those 
        businesses that provide evidence of a capability to meet a 
        green marketplace need;
            (3) to create and maintain jobs within the United States;
            (4) to assist local governments in improving infrastructure 
        for related businesses in accordance with this section;
            (5) to seek and develop innovative ways of assisting 
        businesses and communities in achieving the goals of this Act;
            (6) to redeploy underused manufacturing capacity;
            (7) to capitalize on export opportunities;
            (8) to revitalize depressed manufacturing communities; and
            (9) to search for and develop innovative ways to design 
        environmentally protective technologies and best practices and 
        demonstrate commercial green energy production.
    (d) Green Energy Manufacturing Loans.--The Corporation shall 
establish a program to encourage financial institutions approved by the 
Corporation to make loans to for-profit or nonprofit small businesses 
that are having difficulty obtaining business loans through 
conventional underwriting standards.
    (e) Green Energy Community Pilot Program.--
            (1) In general.--The Corporation shall establish a pilot 
        program under which the Corporation shall provide grants to 5 
        green energy communities designated by the Corporation to 
        assist the communities--
                    (A) to establish models for green energy 
                communities;
                    (B) to reduce the traditional energy consumption of 
                the communities by using more green energy and reducing 
                energy consumption through innovative efficiency 
                programs; and
                    (C) to lower energy costs for consumers and local 
                government organizations.
            (2) Eligibility.--To be eligible for designation as a green 
        energy community under this subsection, a community shall be a 
        target area.
            (3) Duration.--
                    (A) In general.--The Corporation shall make grants 
                to green energy communities designated under this 
                subsection for a term of 10 years.
                    (B) Renewal.--Grants made to a green energy 
                community under this subsection may be renewed for 
                additional 10-year terms if the community continues to 
                meet the eligibility requirements of paragraph (2).
    (f) Green Energy Institution of Higher Education Pilot Program.--
            (1) In general.--The Corporation shall establish a pilot 
        program under which the Corporation shall provide grants to 5 
        green energy institutions of higher education designated by the 
        Corporation to assist the institutions of higher education--
                    (A) to establish models for green energy 
                institutions of higher education;
                    (B) to reduce the traditional energy consumption of 
                the institutions of higher education by using more 
                green energy and reducing energy consumption through 
                innovative efficiency programs; and
                    (C) to lower energy costs for the institutions of 
                higher education and students.
            (2) Eligibility.--To be eligible for designation as a green 
        energy institution of higher education under this subsection, 
        an institution of higher education shall be located in a target 
        area.
            (3) Duration.--The Corporation shall make grants to green 
        energy institutions of higher education designated under this 
        subsection for a term of 10 years.
    (g) National Guard Base Green Energy Grant Pilot Program.--
            (1) In general.--The Corporation shall establish a pilot 
        program under which the Corporation shall provide grants to 5 
        States for green energy National Guard bases designated by the 
        Corporation to assist the National Guard bases in those 
        States--
                    (A) to establish models for green energy National 
                Guard bases;
                    (B) to reduce the traditional energy consumption of 
                the National Guard bases by using more green energy and 
                reducing energy consumption through innovative 
                efficiency programs; and
                    (C) to lower energy costs for the National Guard 
                and States.
            (2) Eligibility.--To be eligible for designation as a green 
        energy National Guard base under this subsection, a National 
        Guard base shall be located in a target area.
            (3) Duration.--The Corporation shall make grants to green 
        energy National Guard bases designated under this subsection 
        for a term of 10 years.
    (h) Green Energy Technology Internship Program.--
            (1) In general.--The Corporation shall establish a green 
        energy technology internship program under which--
                    (A) students and educators at colleges and 
                universities in the United States are paired with 
                businesses of all sizes in the United States; and
                    (B) those businesses are encouraged--
                            (i) to develop cutting-edge, high-tech 
                        skills in participating students; and
                            (ii) to ultimately offer full-time 
                        employment to those students after graduation.
            (2) Goal.--The Corporation shall establish as a goal for 
        the green energy technology internship program the 
        reimbursement by the Corporation, of not more than the greater 
        of 50 percent or $5,000 of the wages paid to a participating 
        student or educator, on the condition that, in the case of a 
        participating student, the business strives for the possibility 
        of full-time employment of the student after graduation.
            (3) Requirements.--The Corporation shall establish 
        requirements for participation in the green energy technology 
        internship program, including requirements relating to--
                    (A) the eligibility of students, educators, and 
                businesses to participate in the program; and
                    (B) application contents and procedures.
    (i) Green Energy Technology Apprenticeship Program.--
            (1) In general.--The Corporation shall establish a green 
        energy technology apprenticeship program under which--
                    (A) apprentices and employers in the United States 
                are paired with businesses of all sizes in the United 
                States; and
                    (B) those businesses are encouraged--
                            (i) to develop cutting-edge, high-tech 
                        skills in participating students;
                            (ii) to ultimately offer full-time 
                        employment to those students after completion; 
                        and
                            (iii) to work closely with organized labor.
            (2) Goal.--As a goal for the green energy technology 
        apprenticeship program, the Corporation shall, to the maximum 
        extent practicable, provide reimbursement for not more than the 
        higher of 50 percent or $5,000 of the wages paid to a 
        participating apprentice, if the business paired with the 
        apprentice agrees to make every effort to offer full-time 
        employment to the apprentice on the completion of the 
        apprenticeship.
            (3) Requirements.--The Corporation shall establish 
        requirements for participation in the green energy technology 
        apprenticeship program, including requirements relating to--
                    (A) the eligibility of apprentices, organized 
                labor, trades, and businesses to participate in the 
                program;
                    (B) partnerships with organized labor 
                apprenticeship programs; and
                    (C) application contents and procedures.

SEC. 7. CRITERIA FOR PROVISION OF GRANTS, LOANS, AND OTHER ASSISTANCE.

    (a) Eligible Projects.--
            (1) In general.--The Corporation shall provide grants, 
        loans, and other assistance in accordance with the programs 
        under section 6 for projects that, as determined by the 
        Corporation--
                    (A) offer the best technology, research, and 
                commercialization for the United States;
                    (B) permit anticipation and action on market 
                opportunities;
                    (C) encourage industry involvement;
                    (D) facilitate investment at the intersection of 
                core competency areas;
                    (E) recruit world-class talent and high-growth 
                companies;
                    (F) create economic opportunity for target areas;
                    (G) engage regional partners;
                    (H) emphasize accountability and metrics;
                    (I) upon completion, will serve as sites and 
                facilities primarily intended for commercial, 
                industrial, or manufacturing use; and
                    (J) advance environmental protection.
            (2) Priority.--In carrying out paragraph (1), the 
        Corporation--
                    (A) shall give priority to--
                            (i) renewable energy, carbon-neutral 
                        projects; and
                            (ii) projects that advance environmentally 
                        protective goals, with a particular emphasis on 
                        best practices and innovative technology that 
                        reduce negative impacts on a commercial scale; 
                        and
                    (B) may consider and give priority to the potential 
                of a project to develop or improve innovative, cutting-
                edge technology for green energy projects that are 
                carbon neutral.
    (b) Basis.--A grant, loan, or other assistance provided under this 
Act--
            (1) shall be based on the best available technology, 
        research, and commercialization, with a focus on diversity of 
        green technologies; and
            (2) shall not be provided solely on a geographical basis.
    (c) Eligible Applicants.--The Corporation may provide a grant, 
loan, or other assistance under this Act to--
            (1) a political subdivision or nonprofit economic 
        development organization;
            (2) a municipality, local government, community, or 
        institution of higher education (including a technical 
        educational institution); and
            (3) a private, for-profit entity, with the unanimous 
        approval by the Board of Directors of the Corporation.
    (d) Funds Allocated.--The Corporation shall determine the maximum 
and minimum amount provided for each program and program recipient 
under this Act in order to maximize the purposes of this Act.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Corporation shall submit to 
Congress a report that describes all activities of the Corporation 
carried out using funds made available under this Act, including, for 
the year covered by the report, a description of--
            (1) each grant, loan, or other award of assistance provided 
        under this Act; and
            (2) the reason for each grant, loan, or other award.

SEC. 8. ENERGY EFFICIENCY GRANTS.

    (a) In General.--The Secretary shall establish an energy efficiency 
grant program under which the Secretary shall provide grants to 
eligible recipients, on a dollar-for-dollar matching basis, for 
implementing conservation programs that are designed to reduce consumer 
energy use to the maximum extent practicable.
    (b) Eligible Recipients.--Recipients that are eligible to receive 
grants under this section include--
            (1) energy producers;
            (2) municipal power organizations; and
            (3) rural electric cooperatives.
    (c) Priority.--In making grants under this section, the Secretary 
shall give priority to programs that are designed to reduce consumer 
end-use of energy over programs that are designed to reduce the 
consumer use of energy.
    (d) Reduction in Energy Uses.--In making grants under this section, 
the Secretary shall allocate grants, and provide minimum and maximum 
award criteria for the grants, in a manner that maximizes the reduction 
in energy use.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $150,000,000 for each of fiscal 
years 2009 through 2013.

SEC. 9. ADMINISTRATION.

    Notwithstanding any other provision of this Act, none of the funds 
made available to carry out this Act may be used to carry out any 
project, activity, or expense that is not located within the United 
States.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund to carry out 
this Act (other than section 8), to remain available until expended--
            (1) $1,000,000,000 for fiscal year 2009;
            (2) $5,000,000,000 for fiscal year 2010; and
            (3) $10,000,000,000 for each of fiscal years 2011 through 
        2013.
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