1.This Act may be cited as the
Investments for Manufacturing Progress
and Clean Technology Act of 2009
or the
IMPACT Act of
2009
.
2.Clean energy
manufacturing revolving loan fund programThe National Institute of Standards and
Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 26
the following:
27.Clean energy
manufacturing revolving loan fund program
(a)The
purposes of this section are as follows:
(1)To develop the
long-term manufacturing capacity of the United States.
(2)To create jobs
through the retooling and expansion of manufacturing facilities to produce
clean energy technology products and energy efficient products.
(3)To improve the
long-term competitiveness of domestic manufacturing by increasing the energy
efficiency of manufacturing facilities.
(4)To assist small
and medium-sized manufacturers diversify operations to respond to emerging
clean energy technology product markets.
(b)In
this section:
(1)Clean energy
technology productThe term clean energy technology
product means technology products relating to the following:
(A)Wind
turbines.
(B)Solar
energy.
(C)Fuel cells.
(D)Advanced
batteries, battery systems, or storage devices.
(E)Biomass
equipment.
(F)Geothermal
equipment.
(G)Advanced
biofuels.
(H)Ocean energy
equipment.
(I)Carbon capture and
storage.
(J)Such other
products as the Secretary determines—
(i)relate to the
production, use, transmission, storage, control, or conservation of
energy;
(ii)reduce greenhouse
gas concentrations;
(iii)achieve the
earliest and maximum emission reductions within a reasonable period per dollar
invested;
(iv)result in the
fewest non-greenhouse gas environmental impacts; and
(v)either—
(I)reduce the need
for additional energy supplies by—
- (aa)using existing
energy supplies with greater efficiency; or
- (bb)by
transmitting, distributing, or transporting energy with greater effectiveness
through the infrastructure of the United States; or
(II)diversity the
sources of energy supply of the United States—
- (aa)to
strengthen energy security; and
- (bb)to
increase supplies with a favorable balance of environmental effects if the
entire technology system is considered.
(2)The term energy efficient product means a
product that, as determined by the Secretary in consultation with the Secretary
of Energy—
(A)consumes
significantly less energy than the average amount that all similar products
consumed on the day before the date of the enactment of this Act; or
(B)is a component,
system, or group of subsystems that is designed, developed, and validated to
optimize the energy efficiency of a product.
(3)Hollings
Manufacturing Extension CenterThe term Hollings
Manufacturing Extension Center means a center established under section
25.
(4)Hollings
Manufacturing Partnership ProgramThe term Hollings
Manufacturing Partnership Program means the program established under
sections 25 and 26.
(5)The
term Program means the grant program established pursuant to
subsection
(c)(1).
(6)The term revolving loan fund means a revolving
loan fund described in subsection (d).
(7)Except
as otherwise provided, the term Secretary means the Secretary of
Commerce.
(8)Small or
medium-sized manufacturerThe term small or medium-sized
manufacturer means a manufacturer that employs fewer than 500 full-time
equivalent employees at a manufacturing facility that is not owned or
controlled by an automobile manufacturer.
(c)
(1)Not
later than 120 days after the date of the enactment of this section, the
Secretary shall establish a program under which the Secretary shall award
grants to States to establish revolving loan funds to provide loans to small
and medium-sized manufacturers to finance the cost of——
(A)reequipping,
expanding, or establishing (including applicable engineering costs) a
manufacturing facility in the United States to produce—
(i)clean energy
technology products;
(ii)energy efficient
products; or
(iii)integral
component parts of clean energy technology products or energy efficient
products; or
(B)reducing the
energy intensity or greenhouse gas production of a manufacturing facility in
the United States, including using energy intensive feedstocks.
(2)The Secretary may not award a grant under the Program in
an amount that exceeds $500,000,000 in any fiscal year.
(d)Criteria for
awarding grants
(1)The Secretary may make a grant to a State under the Program
only if the State agrees to ensure that for each loan provided by the State
under the Program, not less than 20 percent of the amount of each loan will
come from a non-Federal source.
(2)A State receiving a grant under the Program may only use
such amount of the grant for the costs of administering the revolving loan fund
as the Secretary shall provide in regulations.
(3)Each
State seeking a grant under the Program shall submit to the Secretary an
application therefor in such form and in such manner as the Secretary considers
appropriate.
(4)The
Secretary shall evaluate and prioritize an application submitted by a State for
a grant under the Program on the basis of—
(A)the description of
the revolving loan fund to be established with the grant and how such revolving
loan fund will achieve the purposes described in
subsection
(a);
(B)whether the State
will be able to provide loans from the revolving loan fund to small or
medium-sized manufacturers before the date that is 120 days after the date on
which the State receives the grant;
(C)a description of
how the State will administer the revolving loan fund in coordination with
other State and Federal programs, including programs administered by the
Assistant Secretary for Economic Development;
(D)a description of
the actual or potential clean energy manufacturing supply chains, including
significant component parts, in the region served by the revolving loan
fund;
(E)how the State will
target the provision of loans under the Program to manufacturers located in
regions characterized by high unemployment and sudden and severe economic
dislocation, in particular where mass layoffs have resulted in a precipitous
increase in unemployment;
(F)the availability
of a skilled manufacturing workforce in the region served by the revolving loan
fund and the capacity of the region’s workforce and education systems to
provide pathways for unemployed or low-income workers into skilled
manufacturing employment;
(G)a description of
how the State will target loans to small or medium-sized manufacturers who
are—
(i)manufacturers of
automobile components; and
(ii)either—
(I)increasing the
energy efficiency of their manufacturing facilities; or
(II)retooling to
manufacture clean energy products or energy efficient products, including
manufacturing components to improve the compliance of an automobile with fuel
economy standards prescribed under section 32902 of title 49, United States
Code;
(H)a description of
how the State will use the loan fund to achieve the earliest and maximum
greenhouse gas emission reductions within a reasonable period of time per
dollar invested and with the fewest non-greenhouse gas environmental impacts;
and
(I)such other factors
as the Secretary considers appropriate to ensure that grants awarded under the
Program effectively and efficiently achieve the purposes described in
subsection
(a).
(e)
(1)A State receiving a grant under the Program shall
establish, maintain, and administer a revolving loan fund in accordance with
this subsection.
(2)A
revolving loan fund shall consist of the following:
(A)Amounts from
grants awarded under this section.
(B)All amounts held
or received by the State incident to the provision of loans described in
subsection
(f), including all collections of principal and
interest.
(3)Amounts
in the revolving loan fund shall be available for the provision and
administration of loans in accordance with
subsection
(f).
(f)
(1)A State receiving a grant under this section shall use
the amount in the revolving loan fund to provide loans to small and
medium-sized manufacturers as described in subsection (c)(1).
(2)Loan terms and
conditionsThe following shall apply with respect to loans
provided under paragraph (1):
(A)Loans
shall have a term determined by the State receiving the grant as
follows:
(i)For fixed assets,
the term of the loan shall not exceed the useful life of the asset and shall be
less than 15 years.
(ii)For working
capital, the term of the loan shall not exceed 36 months.
(B)Loans shall bear an interest rate determined by the State
receiving the grant as follows:
(i)The interest rate
shall enable the loan recipient to accomplish the activities described in
subparagraphs (A) and (B) of subsection (c)(1).
(ii)The interest rate
may be set below-market interest rates.
(iii)The interest
rate may not be less than zero percent.
(iv)The interest rate
may not exceed the current prime rate plus 500 basis points.
(C)Description and
budget for use of loan fundsEach recipient of a loan from a
State under the Program shall develop and submit to the State and the Secretary
a description and budget for the use of loan amounts, including a description
of the following:
(i)Any new business
expected to be developed with the loan.
(ii)Any improvements
to manufacturing operations to be developed with the loan.
(iii)Any technology
expected to be commercialized with the loan.
(D)Priority in
review and preference in selection for certain loan applicants
(i)In
reviewing applications submitted by small or medium-sized manufacturers for a
loan, a recipient of a grant under the Program shall give priority to small or
medium-sized manufacturers described in clause (iii).
(ii)In
selecting small or medium-sized manufacturers to receive a loan, a recipient of
a grant under the Program shall give preference to small or medium-sized
manufacturers described in clause (iii).
(iii)Priority and
preferred small or medium-sized manufacturersA small or
medium-sized manufacturer described in this clause is a manufacturer
that—
(I)is certified by a
Hollings Manufacturing Extension Center or a manufacturing-related local
intermediary designated by the Secretary for purposes of providing such
certification; or
(II)provides
individuals employed at the manufacturing facilities of the
manufacturer—
- (aa)pay
in amounts that are, on average, equal to or more than the average wage of an
individual working in a manufacturing facility in the State; and
- (bb)health
benefits.
(iv)Certification
by Hollings Manufacturing Extension CenterA Hollings
Manufacturing Extension Center or other entity designated by the Secretary for
purposes of providing certification under clause (iii)(I) shall only certify
applications for a loan after carrying out a qualitative and quantitative
review of the applicant's business strategy, manufacturing operations, and
technological ability to contribute to the purposes described in subsection
(a).
(E)Repayment upon
relocation outside United States
(i)If a person receives a loan under paragraph (1) to
finance the cost of reequipping, expanding, or establishing a manufacturing
facility as described in subsection (c)(1)(A) or to reduce the energy intensity
of a manufacturing facility and such person relocates the production activities
of such manufacturing facility outside the United States during the term of the
loan, the recipient shall repay such loan in full with interest as described in
clause (ii) and for a duration described in clause (iii).
(ii)Any amount owed by the recipient of a loan under
paragraph (1) who is required to repay the loan under clause (i) shall bear
interest at a penalty rate determined by the Secretary to deter recipients of
loans under paragraph (1) from relocating production activities as described in
clause (i).
(iii)Repayment of a loan under clause (i) shall be for a
duration determined by the Secretary.
(F)Compliance with
wage rate requirementsEach recipient of a loan shall undertake
and agree to incorporate or cause to be incorporated into all contracts for
construction, alteration or repair, which are paid for in whole or in part with
funds obtained pursuant to such loan, a requirement that all laborers and
mechanics employed by contractors and subcontractors performing construction,
alteration or repair shall be paid wages at rates not less than those
determined by the Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code (known as the Davis-Bacon
Act
), to be prevailing for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the contract work in
the same locality in which the work is to be performed. The Secretary of Labor
shall have, with respect to the labor standards specified in this subparagraph,
the authority and functions set forth in Reorganization Plan Numbered 14 of
1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145 of title 40, United States
Code.
(G)Annual reports
by loan recipientsEach recipient of a loan issued by a State
under paragraph (1) shall, not less frequently than once each year during the
term of the loan, submit to such State a report containing such information as
the Secretary may specify for purposes of the Program, including information
that the Secretary can use to determine whether a recipient of a loan is
required to repay the loan under subparagraph (E).
(3)Annual reports
by grant recipientsEach recipient of a grant under the Program
shall, not less frequently than once each year, submit to the Secretary a
report on the impact of each loan issued by the State under the Program and the
aggregate impact of all loans so issued, including the following:
(A)The sales
increased or retained.
(B)Cost savings or
costs avoided.
(C)Additional
investment encouraged.
(D)Jobs created or
retained.
(g)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this section $15,000,000,000 for each of fiscal years 2010 and
2011.
.
3.Clean energy and
efficiency manufacturing partnerships
(a)Hollings
Manufacturing Partnership ProgramSection 25(b) of the National
Institute of Standards and Technology Act (15 U.S.C. 278k(b)) is
amended—
(1)in paragraph (2),
by striking and
at the end;
(2)in paragraph (3),
by striking the period at the end and inserting ; and
;
and
(3)by adding at the
end the following:
(4)the establishment
of a clean energy manufacturing supply chain initiative—
(A)to support
manufacturers in their identification of and diversification to new markets,
including support for manufacturers transitioning to the use of clean energy
supply chains;
(B)to assist
manufacturers improve their competitiveness by reducing energy intensity and
greenhouse gas production, including the use of energy intensive
feedstocks;
(C)to increase
adoption and implementation of innovative manufacturing technologies;
(D)to coordinate and
leverage the expertise of the National Laboratories and Technology Centers and
the Industrial Assessment Centers of the Department of Energy to meet the needs
of manufacturers; and
(E)to identify,
assist, and certify manufacturers seeking loans under section
27(e)(1).
.
(b)Reduction in
cost share requirementsSection 25(c) of such Act (15 U.S.C.
278k(c)) is amended—
(1)in paragraph (1),
by inserting or as provided in paragraph (5)
after not to
exceed six years
;
(2)in paragraph
(3)(B), by striking not less than 50 percent of the costs incurred for
the first 3 years and an increasing share for each of the last 3 years
and inserting 50 percent of the costs incurred or such lesser percentage
of the costs incurred as determined appropriate by the Secretary by
rule
; and
(3)in paragraph
(5)—
(A)by striking
at declining levels
;
(B)by striking
one third
and inserting 50 percent
; and
(C)by inserting
, or such lesser percentage as determined appropriate by the Secretary
by rule,
after maintenance costs
.
(c)Authorization of
appropriationsThere are authorized to be appropriated to the
Secretary of Commerce for the Hollings Manufacturing Partnership Program
authorized under sections 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k) and for the provision of assistance under
section 26 of such Act (15 U.S.C. 278l)—
(1)$200,000,000 for
fiscal year 2010;
(2)$250,000,000 for
fiscal year 2011;
(3)$300,000,000 for
fiscal year 2012;
(4)$350,000,000 for
fiscal year 2013; and
(5)$400,000,000 for
fiscal year 2014.
4.
(a)Amendment to
National Institute of Standards and Technology ActSection
25 of the National Institute of Standards and Technology Act (15 U.S.C.
278k(b)) is amended—
(1)in subsection (a), by striking
(hereafter in this Act referred to as the
Centers
)
; and
(2)by adding at the end the following:
(g)
(1)Hollings
Manufacturing Partnership ProgramThe program under this section
shall be known as the Hollings Manufacturing Partnership
Program.
(2)Hollings
Manufacturing Extension CentersThe Regional Centers for the Transfer of
Manufacturing Technology created and supported under subsection (a) shall be
known as the Hollings Manufacturing Extension Centers (in this Act
referred to as the
Centers).
.
(b)Amendment to
Consolidated Appropriations Act, 2005Division B of title II of
the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2879;
15 U.S.C. 278k note) is amended under the heading industrial technology services
by
striking 2007:
Provided further, That
and all that follows through Extension Centers.
and inserting
2007.
.