1.Short
title; table of contents
(a)This Act may be cited
as the Green Energy Production Act of
2008
.
(b)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.
2.In this Act:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)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
protectiveThe 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)
(A)The term green energy has the meaning given
the term renewable energy.
(B)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 educationThe 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)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)The
term Secretary means the Secretary of Energy.
(8)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)).
3.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.
4.Green Technology
Investment Corporation
(a)
(1)There is established in the Department of Energy a
corporation to be known as the Green Technology Investment
Corporation.
(2)The
Corporation shall meet at least 4 times during each fiscal year.
(3)Rules for
Corporation businessNot 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)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)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)
(1)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)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)
(1)Each member of the Board of Directors shall be appointed
for a term of 5 years.
(2)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)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.
5.Green Technology
Investment Fund
(a)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)
(1)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)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)
(1)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)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.
6.
(a)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)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 grantsThe 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 loansThe 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)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)To
be eligible for designation as a green energy community under this subsection,
a community shall be a target area.
(3)
(A)The Corporation shall make grants to green energy
communities designated under this subsection for a term of 10 years.
(B)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)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)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)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)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)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)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)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)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)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)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)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)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.
7.Criteria for
provision of grants, loans, and other assistance
(a)
(1)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)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)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)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)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)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.
8.
(a)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)Recipients that are eligible to receive grants under
this section include—
(1)energy
producers;
(2)municipal power
organizations; and
(3)rural electric
cooperatives.
(c)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)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 appropriationsThere is authorized to be appropriated to carry
out this section $150,000,000 for each of fiscal years 2009 through
2013.
9.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.
10.Authorization of
appropriationsThere 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.