[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 661 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 661

To strengthen American manufacturing through improved industrial energy 
                  efficiency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2009

 Mr. Bingaman (for himself, Ms. Collins, Ms. Stabenow, Ms. Snowe, Mr. 
 Bayh, Mr. Brown, and Mr. Pryor) introduced the following bill; which 
  was read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To strengthen American manufacturing through improved industrial energy 
                  efficiency, 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.

    This Act may be cited as the ``Restoring America's Manufacturing 
Leadership through Energy Efficiency Act of 2009''.

SEC. 2. INDUSTRIAL ENERGY EFFICIENCY GRANT PROGRAM.

    Section 399A of the Energy Policy and Conservation Act (42 U.S.C. 
6371h-1) is amended--
            (1) in the section heading, by inserting ``and industry'' 
        before the period at the end;
            (2) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (3) by inserting after subsection (g) the following:
    ``(h) Industrial Energy Efficiency Grant Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        under whi ch the Secretary shall provide grants to eligible 
        lenders to pay the Federal share of creating a revolving loan 
        program under which loans are provided to commercial and 
        industrial manufacturers to implement commercially available 
        technologies or processes that significantly--
                    ``(A) reduce systems energy intensity, including 
                the use of energy intensive feedstocks; and
                    ``(B) improve the industrial competitiveness of the 
                United States.
            ``(2) Eligible lenders.--To be eligible to receive a grant 
        under this subsection, a lender shall--
                    ``(A) be a community and economic development 
                lender that the Secretary certifies meets the 
                requirements of this subsection;
                    ``(B) lead a partnership that includes 
                participation by, at a minimum--
                            ``(i) a State government agency; and
                            ``(ii) a private financial institution or 
                        other provider of loan capital;
                    ``(C) submit an application to the Secretary, and 
                receive the approval of the Secretary, for a grant to 
                carry out a loan program described in paragraph (1); 
                and
                    ``(D) ensure that non-Federal funds are provided to 
                match, on at least a dollar-for-dollar basis, the 
                amount of Federal funds that are provided to carry out 
                a revolving loan program described in paragraph (1).
            ``(3) Priority.--In making grants under this subsection, 
        the Secretary shall provide a priority to partnerships that 
        include a power producer or distributor.
            ``(4) Award.--The amount of a grant provided to an eligible 
        lender shall not exceed $100,000,000 for any fiscal year.
            ``(5) Eligible projects.--A program for which a grant is 
        provided under this subsection shall be designed to accelerate 
        the implementation of industrial and commercial applications of 
        technologies or processes that--
                    ``(A) improve energy efficiency;
                    ``(B) enhance the industrial competitiveness of the 
                United States; and
                    ``(C) achieve such other goals as the Secretary 
                determines to be appropriate.
            ``(6) Evaluation.--The Secretary shall evaluate 
        applications for grants under this subsection on the basis of--
                    ``(A) the description of the program to be carried 
                out with the grant;
                    ``(B) the commitment to provide non-Federal funds 
                in accordance with paragraph (2)(D);
                    ``(C) program sustainability over a 10-year period;
                    ``(D) the capability of the applicant;
                    ``(E) the quantity of energy savings or energy 
                feedstock minimization;
                    ``(F) the advancement of the goal under this Act of 
                25-percent energy avoidance;
                    ``(G) the ability to fund energy efficient projects 
                not later than 120 days after the date of the grant 
                award; and
                    ``(H) such other factors as the Secretary 
                determines appropriate.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $500,000,000 
        for each of fiscal years 2010 through 2012.''.

SEC. 3. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT 
              TECHNOLOGIES FOR INDUSTRY.

    As part of the research and development activities of the 
Industrial Technologies Program of the Department of Energy, the 
Secretary of Energy shall establish, as appropriate, collaborative 
research and development partnerships with other programs within the 
Office of Energy Efficiency and Renewable Energy, including the 
Building Technologies Program, the Office of Electricity Delivery and 
Energy Reliability, and programs of the Office of Science--
            (1) to leverage the research and development expertise of 
        those programs to promote early stage energy efficiency 
        technology development; and
            (2) to apply the knowledge and expertise of the Industrial 
        Technologies Program to help achieve the program goals of the 
        other programs.

SEC. 4. ENERGY EFFICIENT TECHNOLOGIES ASSESSMENT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Energy shall commence an assessment of 
commercially available, cost competitive energy efficiency technologies 
that are not widely implemented within the United States for the energy 
intensive industries of--
            (1) steel;
            (2) aluminum;
            (3) forest and paper products;
            (4) food processing;
            (5) metal casting;
            (6) glass;
            (7) chemicals; and
            (8) other industries that (as determined by the 
        Secretary)--
                    (A) use large quantities of energy;
                    (B) emit large quantities of greenhouse gas; or
                    (C) use a rapidly increasing quantity of energy.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall publish a report, based on the assessment 
conducted under subsection (a), that contains--
            (1) a detailed inventory describing the cost, energy, and 
        greenhouse gas emission savings of each technology described in 
        subsection (a);
            (2) for each technology, the total cost, energy, and 
        greenhouse gas emissions savings if the technology is 
        implemented throughout the industry of the United States;
            (3) for each industry, an assessment of total possible 
        cost, energy, and greenhouse gas emissions savings possible if 
        state-of-the art, cost-competitive, commercial energy 
        efficiency technologies were adopted; and
            (4) for each industry, a comparison to the European Union, 
        Japan, and other appropriate countries of energy efficiency 
        technology adoption rates, as determined by the Secretary.

SEC. 5. FUTURE OF INDUSTRY PROGRAM.

    (a) In General.--Section 452(c)(2) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17111(c)(2)) is amended by striking the 
section heading and inserting the following: ``future of industry 
program''.
    (b) Industry-Specific Road Maps.--Section 452(c)(2) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111(c)(2)) is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) research to establish (through the Industrial 
                Technologies Program and in collaboration with energy-
                intensive industries) a road map process under which--
                            ``(i) industry-specific studies are 
                        conducted to determine the intensity of energy 
                        use, greenhouse gas emissions, and waste and 
                        operating costs, by process and subprocess;
                            ``(ii) near-, mid-, and long-term targets 
                        of opportunity are established for synergistic 
                        improvements in efficiency, sustainability, and 
                        resilience; and
                            ``(iii) public/private actionable plans are 
                        created to achieve roadmap goals; and''.
    (c) Industrial Research and Assessment Centers.--
            (1) In general.--Section 452(e) of the Energy Independence 
        and Security Act of 2007 (42 U.S.C. 17111(e)) is amended--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting appropriately;
                    (B) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary'';
                    (C) in subparagraph (A) (as redesignated by 
                subparagraph (A)), by inserting before the semicolon at 
                the end the following: ``, including assessments of 
                sustainable manufacturing goals and the implementation 
                of information technology advancements for supply chain 
                analysis, logistics, industrial and manufacturing 
                processes, and other purposes''; and
                    (D) by adding at the end the following:
            ``(2) Centers of excellence.--
                    ``(A) In general.--The Secretary shall establish a 
                Center of Excellence at up to 10 of the highest 
                performing industrial research and assessment centers, 
                as determined by the Secretary.
                    ``(B) Duties.--A Center of Excellence shall 
                coordinate with and advise the industrial research and 
                assessment centers located in the region of the Center 
                of Excellence.
                    ``(C) Funding.--Subject to the availability of 
                appropriations, of the funds made available under 
                subsection (f), the Secretary shall use to support each 
                Center of Excellence not less than $500,000 for fiscal 
                year 2010 and each fiscal year thereafter, as 
                determined by the Secretary.
            ``(3) Expansion of centers.--The Secretary shall provide 
        funding to establish additional industrial research and 
        assessment centers at institutions of higher education that do 
        not have industrial research and assessment centers established 
        under paragraph (1).
            ``(4) Coordination.--
                    ``(A) In general.--To increase the value and 
                capabilities of the industrial research and assessment 
                centers, the centers shall--
                            ``(i) coordinate with Manufacturing 
                        Extension Partnership Centers of the National 
                        Institute of Science and Technology;
                            ``(ii) coordinate with the Building 
                        Technologies Program of the Department of 
                        Energy to provide building assessment services 
                        to manufacturers;
                            ``(iii) increase partnerships with the 
                        National Laboratories of the Department of 
                        Energy to leverage the expertise and 
                        technologies of the National Laboratories for 
                        national industrial and manufacturing needs;
                            ``(iv) identify opportunities for reducing 
                        greenhouse gas emissions; and
                            ``(v) promote sustainable manufacturing 
                        practices for small- and medium-sized 
                        manufacturers.
            ``(5) Outreach.--The Secretary shall provide funding for--
                    ``(A) outreach activities by the industrial 
                research and assessment centers to inform small- and 
                medium-sized manufacturers of the information, 
                technologies, and services available; and
                    ``(B) a full-time equivalent employee at each 
                center of excellence whose primary mission shall be to 
                coordinate and leverage the efforts of the center 
                with--
                            ``(i) Federal and State efforts;
                            ``(ii) the efforts of utilities; and
                            ``(iii) the efforts of other centers in the 
                        region of the center of excellence.
            ``(6) Workforce training.--
                    ``(A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs under 
                which students work with industries and manufactures to 
                implement the recommendations of industrial research 
                and assessment centers.
                    ``(B) Federal share.--The Federal share of the cost 
                of carrying out internship programs described in 
                subparagraph (A) shall be 50 percent.
                    ``(C) Funding.--Subject to the availability of 
                appropriations of appropriations, of the funds made 
                available under subsection (f), the Secretary shall use 
                to carry out this paragraph not less than $5,000,000 
                for fiscal year 2010 and each fiscal year thereafter.
            ``(7) Small business loans.--The Administrator of the Small 
        Business Administration shall, to the maximum practicable, 
        expedite consideration of applications from eligible small 
        business concerns for loans under the Small Business Act (15 
        U.S.C. 631 et seq.) for loans to implement recommendations of 
        industrial research and assessment centers established under 
        paragraph (1).''.
    (d) Future of Industry Program.--Section 452(f) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking 
                ``$196,000,000'' and inserting ``$216,000,000'';
                    (B) in subparagraph (D), by striking 
                ``$202,000,000'' and inserting ``$232,000,000''; and
                    (C) in subparagraph (E), by striking 
                ``$208,000,000'' and inserting ``$248,000,000''; and
            (2) by adding at the end the following:
            ``(4) Industrial research and assessment centers.--Of the 
        amounts made available under paragraph (1), the Secretary shall 
        use to provide funding to industrial research and assessment 
        centers under subsection (e) not less than--
                    ``(A) $20,000,000 for fiscal year 2010;
                    ``(B) $30,000,000 for fiscal year 2011; and
                    ``(C) $40,000,000 for fiscal year 2012 and each 
                fiscal year thereafter.''.

SEC. 6. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In General.--Part E of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6341) is amended by adding at the end the 
following:

``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    ``(a) In General.--As part of the Industrial Technologies Program 
of the Department of Energy, the Secretary shall carry out a 
sustainable manufacturing initiative under which the Secretary shall 
conduct onsite technical reviews and followup implementation--
            ``(1) to maximize the energy efficiency of systems;
            ``(2) to identify and reduce harmful emissions and 
        hazardous waste;
            ``(3) to identify and reduce the use of water in 
        manufacturing processes;
            ``(4) to identify material substitutes that are not harmful 
        to the environment; and
            ``(5) to achieve such other goals as the Secretary 
        determines to be appropriate.
    ``(b) Coordination.--The Secretary shall carry out the initiative 
in coordination with--
            ``(1) the Manufacturing Extension Partnership Program of 
        the National Institute of Standards and Technology; and
            ``(2) the Administrator of the Environmental Protection 
        Agency.
    ``(c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As part of 
the Industrial Technologies Program of the Department of Energy, the 
Secretary shall carry out a joint industry-government partnership 
program to conduct research and development of new sustainable 
manufacturing and industrial technologies and processes that maximize 
the energy efficiency of systems, reduce pollution, and conserve 
natural resources.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:

``Sec. 376. Sustainable manufacturing initiative.''.

SEC. 7. INNOVATION IN INDUSTRY GRANTS.

    Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is 
amended by adding at the end the following:
    ``(g) Innovation in Industry Grants.--
            ``(1) In general.--As part of the program under this 
        section, the Secretary shall carry out a program to pay the 
        Federal share of competitively awarding grants to State-
        industry partnerships in accordance with this subsection to 
        develop, demonstrate, and commercialize new technologies or 
        processes for industries that significantly--
                    ``(A) reduce energy use and energy intensive 
                feedstocks;
                    ``(B) reduce pollution and greenhouse gas 
                emissions;
                    ``(C) reduce industrial waste; and
                    ``(D) improve domestic industrial cost 
                competitiveness.
            ``(2) Administration.--
                    ``(A) Applications.--A State-industry partnership 
                seeking a grant under this subsection shall submit to 
                the Secretary an application for a grant to carry out a 
                project to demonstrate an innovative energy efficiency 
                technology or process described in paragraph (1).
                    ``(B) Cost sharing.--To be eligible to receive a 
                grant under this subsection, a State-industry 
                partnership shall agree to match, on at least a dollar-
                for-dollar basis, the amount of Federal funds that are 
                provided to carry out the project.
                    ``(C) Grant.--The Secretary shall provide to a 
                State-industry partnership selected under this 
                subsection a 1-time grant of not more than $500,000 to 
                initiate the project.
            ``(3) Eligible projects.--A project for which a grant is 
        received under this subsection shall be designed to demonstrate 
        successful--
                    ``(A) industrial applications of energy efficient 
                technologies or processes that reduce costs to industry 
                and prevent pollution and greenhouse gas releases; or
                    ``(B) energy efficiency improvements in material 
                inputs, processes, or waste streams to enhance the 
                industrial competitiveness of the United States.
            ``(4) Evaluation.--The Secretary shall evaluate 
        applications for grants under this subsection on the basis of--
                    ``(A) the description of the concept;
                    ``(B) cost-efficiency;
                    ``(C) the capability of the applicant;
                    ``(D) the quantity of energy savings;
                    ``(E) the commercialization or marketing plan; and
                    ``(F) such other factors as the Secretary 
                determines to be appropriate.''.

SEC. 8. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING CAPABILITIES 
              IN THE UNITED STATES.

    (a) In General.--The Secretary of Energy shall enter into an 
arrangement with the National Academy of Sciences under which the 
Academy shall conduct a study of the development of advanced 
manufacturing capabilities for various energy technologies, including--
            (1) an assessment of the manufacturing supply chains of 
        established and emerging industries;
            (2) an analysis of--
                    (A) the manner in which supply chains have changed 
                over the 25-year period ending on the date of enactment 
                of this Act;
                    (B) current trends in supply chains; and
                    (C) the energy intensity of each part of the supply 
                chain and opportunities for improvement;
            (3) for each technology or manufacturing sector, an 
        analysis of which sections of the supply chain are critical for 
        the United States to retain or develop to be competitive in the 
        manufacturing of the technology;
            (4) an assessment of which emerging energy technologies the 
        United States should focus on to create or enhance 
        manufacturing capabilities; and
            (5) recommendations on the leveraging the expertise of 
        energy efficiency and renewable energy user facilities so that 
        best materials and manufacturing practices are designed and 
        implemented.
    (b) Report.--Not later than 2 years after the date on which the 
Secretary enters into the agreement with the Academy described in 
subsection (a), the Academy shall submit to the Committee on Energy and 
Natural Resources of the Senate, the Committee on Energy and Commerce 
of the House of Representatives, and the Secretary a report describing 
the results of the study required under this section, including any 
findings and recommendations.

SEC. 9. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

    The Secretary of Energy shall establish an advisory steering 
committee to provide recommendations to the Secretary on planning and 
implementation of the Industrial Technologies Program of the Department 
of Energy.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as are necessary to carry out this Act.
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