[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3725 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3725

To promote economic recovery through green jobs and infrastructure, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2008

Ms. Stabenow (for herself and Mr. Brown) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To promote economic recovery through green jobs and infrastructure, 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 Jobs and 
Infrastructure 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. Definition of Secretary.
       TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM

Sec. 101. Clean technology manufacturing incentive program.
            TITLE II--HIGH-PERFORMANCE BUILDING BLOCK GRANTS

Sec. 201. High-performance building block grants.
                      TITLE III--GREEN ENERGY JOBS

Sec. 301. Clean Energy Service Corps.
Sec. 302. Green jobs.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

       TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM

SEC. 101. CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM.

    (a) Loans.--The Secretary shall provide loans to manufacturers to 
help finance the cost of--
            (1) reequipping, expanding, or establishing (including 
        applicable engineering costs) a manufacturing facility in the 
        United States to produce clean technology products and the 
        significant component parts of those products, including--
                    (A) wind turbines;
                    (B) solar energy products;
                    (C) fuel cells;
                    (D) advanced batteries and storage devices;
                    (E) biomass engines;
                    (F) geothermal equipment;
                    (G) ocean energy equipment;
                    (H) carbon capture and storage;
                    (I) energy efficiency products, including 
                appliances and products that are used to increase 
                energy efficiency by at least 30 percent over a 
                baseline product (and significant components of the 
                appliances and products), subject to the condition that 
                the parts shall be integral to the overall efficiency 
                of the end product; and
                    (J) products for retrofitting a manufacturing 
                facility to improve industrial processes and create 
                greater energy efficiency through the use of 
                technologies, including--
                            (i) combined heat and power systems;
                            (ii) natural gas pressure recovery;
                            (iii) advanced cogeneration;
                            (iv) gasification;
                            (v) anaerobic digestion; and
                            (vi) landfill gas recovery; and
            (2) improving the energy-efficiency of the industrial 
        processes of the manufacturers other than through the 
        production of products and component parts described in 
        paragraph (1)(J).
    (b) Period of Availability.--A loan under subsection (a) shall 
apply to--
            (1) facilities and equipment placed in service before 
        December 30, 2012; and
            (2) clean technology retooling costs, retrofitting costs, 
        worker training costs, and other costs described in subsection 
        (a) incurred during the period beginning on the date of 
        enactment of this Act and ending on December 30, 2020.
    (c) Direct Loan Program.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, subject to the availability of 
        appropriated funds, the Secretary shall carry out a program to 
        provide a total of not more than $50,000,000,000 in loans to 
        eligible individuals and entities (as determined by the 
        Secretary) for the costs of activities described in subsection 
        (a).
            (2) Application.--An applicant for a loan under this 
        section shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require, including a written assurance that the 
        wages and benefits that will be provided to each individual 
        that is employed by the applicant (including a contractor or 
        subcontractor) in carrying out activities described in 
        subsection (a) are at least equal to the average in the area, 
        as determined by the Secretary.
            (3) Selection of eligible projects.--The Secretary shall 
        select eligible projects to receive loans under this subsection 
        in cases in which, as determined by the Secretary, the loan 
        recipient--
                    (A) has a viable market for the product or 
                component described in subsection (a);
                    (B) will provide sufficient information to the 
                Secretary for the Secretary to ensure that the 
                qualified investment is expended efficiently and 
                effectively;
                    (C) will provide such information as the Secretary 
                may request to demonstrate that the qualified 
                investment will preserve or create jobs; and
                    (D) has met such other criteria as may be 
                established and published by the Secretary.
            (4) Rates, terms, and repayment of loans.--A loan provided 
        under this subsection--
                    (A) shall have an interest rate that, as of the 
                date on which the loan is made, is equal to the cost of 
                funds to the Department of the Treasury for obligations 
                of comparable maturity;
                    (B) shall have a term equal to the lesser of--
                            (i) the projected life, in years, of the 
                        eligible project to be carried out using funds 
                        from the loan, as determined by the Secretary; 
                        and
                            (ii) 25 years;
                    (C) may be subject to a deferral in repayment for 
                not more than 5 years after the date on which the 
                eligible project carried out using funds from the loan 
                first begins operations, as determined by the 
                Secretary;
                    (D) shall be made by the Federal Financing Bank; 
                and
                    (E) shall be repaid in full if the loan recipient 
                moves production of activities described in subsection 
                (a) outside of the United States during the term of the 
                loan.
            (5) Fees.--Administrative costs shall be no more than 
        $100,000 or 10 basis point of the loan.
    (d) Priority.--In making loans to manufacturers under this section, 
the Secretary--
            (1) shall give priority to those facilities that are 
        located in regions with the highest unemployment rates; and
            (2) may provide awards or loan to facilities that are idle.
    (e) Manufacturing Extension Partnership Program.--In carrying out 
this section, the Secretary shall coordinate with the Secretary of 
Commerce in carrying out the Manufacturing Extension Partnership 
program established under sections 25 and 26 of the National Institute 
of Standards and Technology Act (15 U.S.C. 278k, 278l).
    (f) Funding.--
            (1) In general.--Notwithstanding any other provision of 
        law, not later than 30 days after the date of enactment of this 
        Act, on October 1, 2009, and on each October 1 thereafter 
        through October 1, 2012, out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary for the cost of loans and loan 
        guarantees to carry out this section such sums as are necessary 
        to provide the amount of loans authorized under subsection 
        (c)(1), to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation. 

            TITLE II--HIGH-PERFORMANCE BUILDING BLOCK GRANTS

SEC. 201. HIGH-PERFORMANCE BUILDING BLOCK GRANTS.

    (a) In General.--Title V of the Energy Independence and Security 
Act of 2007 (Public Law 110-140; 121 Stat. 1655) is amended by adding 
at the end the following:

          ``Subtitle F--High-Performance Building Block Grants

``SEC. 551. DEFINITIONS.

    ``In this subtitle:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) an eligible unit of local government;
                    ``(B) an Indian tribe or Native Hawaiian community;
                    ``(C) a utility system; or
                    ``(D) a public-private partnership.
            ``(2) Eligible unit of local government.--The term 
        `eligible unit of local government' means any political 
        subdivision of a State.
            ``(3) Energy-efficient; energy efficiency.--The terms 
        `energy-efficient' and `energy efficiency' with respect to a 
        building, facility, process, or other activity, mean that the 
        building, facility, process, or other activity uses technology 
        or practices to reduce energy use by at least 20 percent.
            ``(4) High-performance building.--The term `high-
        performance building' means the construction or retrofitting of 
        a facility in a manner that achieves energy efficiency 
        through--
                    ``(A) an energy efficiency retrofitting activity; 
                or
                    ``(B) the installation and use of a renewable 
                energy technology.
            ``(5) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(6) Program.--The term `program' means the High-
        Performance Building Block Grant Program established under 
        section 552(a).
            ``(7) State.--The term `State' means--
                    ``(A) a State;
                    ``(B) the District of Columbia;
                    ``(C) the Commonwealth of Puerto Rico; and
                    ``(D) any other territory or possession of the 
                United States.
            ``(8) Utility system.--The term `utility system' has the 
        meaning given the term in section 2688(i) of title 10, United 
        States Code.

``SEC. 552. HIGH-PERFORMANCE BUILDING BLOCK GRANT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish a program, to 
be known as the `High-Performance Building Block Grant Program', under 
which the Secretary shall provide grants, on a competitive basis, to 
eligible entities in accordance with this subtitle.
    ``(b) Purpose.--The purpose of the program shall be to assist 
eligible entities in implementing large-scale, multi-building 
residential and commercial projects to improve and provide high-
performance building, green building, and renewable energy services and 
financing to homeowners and small businesses.
    ``(c) Priority.--In carrying out this section, the Secretary shall 
give priority for grants to projects that--
            ``(1) include a cost recovery mechanism (such as on-bill 
        financing);
            ``(2) use certified contractors; and
            ``(3) use products produced domestically.

``SEC. 553. USE OF FUNDS.

    ``An eligible entity may use a grant received under this subtitle 
to carry out activities to achieve the purposes of the program, 
including--
            ``(1) development and implementation of a high-performance 
        building strategy under section 554(b);
            ``(2) coordination with other Federal or State programs to 
        develop and implement that strategy;
            ``(3) retaining technical consultant services to assist the 
        eligible entity in the development of such a strategy, 
        including--
                    ``(A) formulation of high-performance building 
                goals;
                    ``(B) identification of strategies to achieve those 
                goals--
                            ``(i) through efforts to increase high-
                        performance building; and
                            ``(ii) by encouraging behavioral changes 
                        among the population served by the eligible 
                        entity;
                    ``(C) development of methods to measure progress in 
                achieving the goals;
                    ``(D) development and publication of annual reports 
                to the population served by the eligible entity 
                describing--
                            ``(i) the strategies and goals; and
                            ``(ii) the progress made in achieving the 
                        strategies and goals during the preceding 
                        calendar year; and
                    ``(E) other services to assist in the 
                implementation of the high-performance building 
                strategy;
            ``(4) conducting residential and commercial building energy 
        audits;
            ``(5) establishment of cost recovery systems and other 
        financial incentive programs for high-performance building 
        improvements;
            ``(6) the provision of grants to nonprofit organizations 
        and governmental agencies for the purpose of performing high-
        performance building retrofits;
            ``(7) development and implementation of high-performance 
        building programs for buildings and facilities within the 
        jurisdiction of the eligible entity, including--
                    ``(A) retrofitting;
                    ``(B) design and operation of the programs;
                    ``(C) identifying the most effective methods for 
                achieving maximum participation and efficiency rates;
                    ``(D) public education;
                    ``(E) measurement and verification protocols; and
                    ``(F) identification of smart energy efficient 
                technologies;
            ``(8) application and implementation of energy distribution 
        technologies that significantly increase high-performance 
        building, including--
                    ``(A) distributed resources; and
                    ``(B) district heating and cooling systems;
            ``(9) activities to increase participation and efficiency 
        rates for material conservation programs, including source 
        reduction, recycling, and recycled content procurement programs 
        that lead to increases in high-performance building;
            ``(10) coordination of or cooperation with programs to 
        train workers to participate in projects involving high-
        performance buildings;
            ``(11) development, implementation, and installation on or 
        in any private building within the jurisdiction of the eligible 
        entity of onsite renewable energy technology that generates 
        electricity from renewable resources, including--
                    ``(A) solar energy;
                    ``(B) wind energy;
                    ``(C) fuel cells;
                    ``(D) biomass; and
                    ``(E) geothermal energy; and
            ``(12) any other appropriate activity, as determined by the 
        Secretary, in consultation with--
                    ``(A) the Administrator of the Environmental 
                Protection Agency;
                    ``(B) the Secretary of Transportation;
                    ``(C) the Secretary of Housing and Urban 
                Development; and
                    ``(D) the Secretary of Labor.

``SEC. 554. REQUIREMENTS FOR GRANTS.

    ``(a) Applications.--To be eligible to receive a grant under this 
subtitle, 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.
    ``(b) Strategy.--
            ``(1) Proposed strategy.--
                    ``(A) In general.--Before receiving a grant under 
                this subtitle, an eligible entity shall submit to the 
                Secretary a proposed high-performance building strategy 
                in accordance with this paragraph.
                    ``(B) Inclusions.--The proposed strategy under 
                subparagraph (A) shall include--
                            ``(i) a description of the goals of the 
                        eligible entity, in accordance with the 
                        purposes of this subtitle, for increased high-
                        performance building in the jurisdiction of the 
                        eligible entity; and
                            ``(ii) a plan for the use of the grant to 
                        assist the eligible entity in achieving those 
                        goals, in accordance with section 553.
                    ``(C) Requirements.--In developing the strategy 
                under subparagraph (A), an eligible entity shall--
                            ``(i) take into account any plans for the 
                        use of funds by adjacent eligible entities that 
                        receive grants under the program; and
                            ``(ii) coordinate and share information 
                        with the State in which the eligible entity is 
                        located regarding activities carried out using 
                        the grant to maximize the high-performance 
                        building benefits under this subtitle.
            ``(2) Approval by secretary.--
                    ``(A) In general.--The Secretary shall approve or 
                disapprove a proposed strategy under paragraph (1) by 
                not later than 120 days after the date of submission of 
                the proposed strategy.
                    ``(B) Disapproval.--If the Secretary disapproves a 
                proposed strategy under subparagraph (A)--
                            ``(i) the Secretary shall provide to the 
                        eligible entity the reasons for the 
                        disapproval; and
                            ``(ii) the eligible entity may revise and 
                        resubmit the proposed strategy as many times as 
                        necessary until the Secretary approves a 
                        proposed strategy.
                    ``(C) Requirement.--The Secretary shall not provide 
                to an eligible entity any grant under the program until 
                a proposed strategy of the eligible entity is approved 
                by the Secretary under this paragraph.
            ``(3) Limitations on use of funds.--Of amounts provided to 
        an eligible entity under the program, the eligible entity may 
        use--
                    ``(A) 10 percent for administrative expenses, 
                excluding the cost of meeting the reporting 
                requirements of this subtitle; and
                    ``(B) any amount for the establishment of revolving 
                loan funds to carry out activities described in section 
                553.
            ``(4) Annual report.--Not later than 2 years after the date 
        on which funds are initially provided to an eligible entity 
        under the program, and annually thereafter, the eligible entity 
        shall submit to the Secretary a report describing--
                    ``(A) the status of development and implementation 
                of the high-performance building strategy of the 
                eligible entity;
                    ``(B) as practicable, an assessment of high-
                performance building gains within the jurisdiction of 
                the eligible entity; and
                    ``(C) as practicable, an assessment of job training 
                strategies and job creation relating to the high-
                performance building strategy of the eligible entity.
    ``(c) Construction Requirement.--
            ``(1) In general.--To be eligible to receive a grant under 
        the program, each eligible entity shall submit to the Secretary 
        a written assurance that all laborers and mechanics employed by 
        any contractor or subcontractor of the eligible entity during 
        any construction, alteration, or repair activity funded, in 
        whole or in part, by the grant shall be paid wages at rates not 
        less than the prevailing wages for similar construction 
        activities in the locality, as determined by the Secretary of 
        Labor, in accordance with sections 3141 through 3144, 3146, and 
        3147 of title 40, United States Code.
            ``(2) Secretary of labor.--With respect to the labor 
        standards referred to in paragraph (1), the Secretary of Labor 
        shall have the authority and functions described in--
                    ``(A) Reorganization Plan Numbered 14 of 1950 (5 
                U.S.C. 903 note); and
                    ``(B) section 3145 of title 40, United States Code.
    ``(d) Priority.--In providing grants under this subtitle, the 
Secretary shall give priority to eligible entities--
            ``(1) that plan to carry out projects that would result in 
        significant high-performance building improvements and 
        retrofits on a large scale; and
            ``(2) in regions with higher rates of unemployment and 
        housing foreclosures.

``SEC. 555. REVIEW AND EVALUATION.

    ``(a) In General.--The Secretary may review and evaluate the 
performance of any eligible entity that receives a grant under the 
program, including by conducting an audit, as the Secretary determines 
to be appropriate.
    ``(b) Withholding of Funds.--The Secretary may withhold from an 
eligible entity any portion of a grant to be provided to the eligible 
entity under the program if the Secretary determines that the eligible 
entity has failed to achieve compliance with--
            ``(1) any applicable guideline or regulation of the 
        Secretary relating to the program, including the misuse or 
        misappropriation of funds provided under the program; or
            ``(2) the high-performance building strategy of the 
        eligible entity.

``SEC. 556. FUNDING.

    ``(a) Mandatory Funding.--
            ``(1) In general.--Not later than 30 days after the date of 
        enactment of this subtitle, out of any funds in the Treasury 
        not otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary to carry out this section 
        $1,000,000,000 to remain available until expended.
            ``(2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation. 
    ``(b) Discretionary Funding.--There is authorized to be 
appropriated to carry out this subtitle $1,000,000,000 for each of 
fiscal years 2010 through 2013.
    ``(c) Maintenance of Funding.--The funding provided under this 
subtitle shall supplement (and not supplant) other Federal funding 
provided under--
            ``(1) a State energy conservation plan established under 
        part D of title III of the Energy Policy and Conservation Act 
        (42 U.S.C. 6321 et seq.); or
            ``(2) the Weatherization Assistance Program for Low-Income 
        Persons established under part A of title IV of the Energy 
        Conservation and Production Act (42 U.S.C. 6861 et seq.).''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17001 note) is amended 
by adding at the end of the items relating to title V the following:

          ``Subtitle F--High-Performance Building Block Grants

``Sec. 551. Definitions.
``Sec. 552. High-performance building block grant program.
``Sec. 553. Use of funds.
``Sec. 554. Requirements for grants.
``Sec. 555. Review and evaluation.
``Sec. 556. Funding.''.

                      TITLE III--GREEN ENERGY JOBS

SEC. 301. CLEAN ENERGY SERVICE CORPS.

    Section 122(a) of the National and Community Service Act of 1990 
(42 U.S.C. 12572(a)) is amended--
            (1) by redesignating paragraph (15) as paragraph (16); and
            (2) by inserting after paragraph (14) the following:
            ``(15) A Clean Energy Service Corps program in which--
                    ``(A) participants--
                            ``(i) encourage or promote clean energy 
                        technologies; or
                            ``(ii) enable communities and nonprofit 
                        organizations to assist business owners and 
                        households in matters relating to clean energy 
                        technologies, and in becoming more energy 
                        efficient; and
                    ``(B) priority is provided for programs that enroll 
                corps participants who will be trained for careers that 
                promote a sustainable economy.''.

SEC. 302. GREEN JOBS.

    Section 171(e)(8) of the Workforce Investment Act of 1998 (29 
U.S.C. 2916(e)(8)) is amended--
            (1) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively, and indenting 
        appropriately; and
            (2) by striking ``(8)'' and all that follows through ``of 
        which--'' and inserting the following:
            ``(8) Funding.--
                    ``(A) Mandatory funding.--
                            ``(i) In general.--Not later than 30 days 
                        after the date of enactment of the Green Jobs 
                        and Infrastructure Act of 2008, out of any 
                        funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to carry out 
                        this subsection $250,000,000, to remain 
                        available until expended.
                            ``(ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, shall 
                        accept, and shall use to carry out this 
                        subsection the funds transferred under clause 
                        (i), without further appropriation.
                    ``(B) Discretionary funding.--In addition to the 
                amount made available under subparagraph (A), there is 
                authorized to be appropriated to carry out this 
                subsection $125,000,000 for each fiscal year.
                    ``(C) Allocation.--Of the amount available under 
                subparagraph (A) or (B) for a fiscal year--''.
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