[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3314 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3314
To transition away from fossil fuel sources of energy to 100 percent
clean and renewable energy by 2050, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2017
Mr. Polis (for himself, Mr. Grijalva, Mr. Huffman, and Ms. Jayapal)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committees on Ways and
Means, Transportation and Infrastructure, Education and the Workforce,
Financial Services, Natural Resources, Appropriations, Agriculture,
Small Business, and Science, Space, and Technology, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To transition away from fossil fuel sources of energy to 100 percent
clean and renewable energy by 2050, 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 ``100 by '50 Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes; statement of policy.
Sec. 3. Definitions.
TITLE I--CLEAN AND RENEWABLE ENERGY FOR ALL
Sec. 101. Making public transportation affordable and accessible.
Sec. 102. Making solar energy affordable and accessible to low-income
and disadvantaged families.
Sec. 103. Making energy efficiency retrofits affordable and accessible
to low-income and disadvantaged families.
Sec. 104. Making electricity affordable for low income and
disadvantaged families.
Sec. 105. Increasing sustainable community development capacity.
Sec. 106. Training workers for jobs in clean energy.
Sec. 107. Requirements for apprenticeship programs and employment of
targeted workers.
TITLE II--JUST TRANSITION FOR WORKERS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Adjustment Assistance Program
Part I--Group Certification
Sec. 211. Petitions.
Sec. 212. Group eligibility requirements.
Sec. 213. Determinations and certifications.
Sec. 214. Subpoena power.
Sec. 215. Judicial review.
Part II--Individual Applications; Termination of Assistance
Sec. 221. Adjustment assistance.
Sec. 222. Termination of adjustment assistance.
Part III--Federally Funded Unemployment Compensation
Sec. 231. Temporary additional unemployment compensation program for
certain adversely affected workers.
Sec. 232. Permanent State requirement for the provision of additional
unemployment compensation for certain
adversely affected workers.
Part IV--Other Benefits and Services
Sec. 241. Eligibility for premium subsidy credit and cost sharing
benefits for health insurance.
Sec. 242. Training and support for employment.
Sec. 243. Additional pensions benefits.
Part V--Funding
Sec. 251. Establishment of Clean Energy Workers Trust Fund.
Sec. 252. Modifications to rules relating to inverted corporations.
Part VI--Miscellaneous Provisions
Sec. 261. Credit for hiring unemployed certified adversely affected
workers.
Sec. 262. Enforcement.
Sec. 263. Benefit information to workers.
Sec. 264. Amendment to Surface Mining Control and Reclamation Act of
1977.
Sec. 265. Regulations.
Subtitle B--Workplace Democracy Act
Sec. 271. Short title.
Sec. 272. Streamlining certification for labor organizations.
Sec. 273. Facilitating initial collective bargaining agreements.
Subtitle C--Community Need-Based Economic Transition Assistance Program
Sec. 281. Community need-based economic transition assistance program.
Sec. 282. Economic development grant programs.
Sec. 283. Need-based water, broadband, and electric grid infrastructure
investment program.
TITLE III--GREENING THE GRID
Subtitle A--Fossil Fuel Phaseout
Sec. 301. Fossil fuel phaseout.
Subtitle B--Enhancing Grid Reliability
Sec. 311. Enhancing grid reliability.
Subtitle C--Making Clean and Renewable Energy Affordable
Part I--Reducing Carbon Pollution and Creating Jobs by Transitioning to
Sustainable Energy Sources
Sec. 321. Extension and modification of credits with respect to
facilities producing energy from certain
renewable resources.
Sec. 322. Extension and modification of energy credit.
Sec. 323. Permanent extension of qualifying advanced energy project
credit.
Sec. 324. Promoting access to renewable energy and energy efficiency
for tax-exempt organizations.
Part II--Saving Consumers and Businesses Money by Promoting Energy
Efficiency
Sec. 326. Permanent extension of energy efficient commercial buildings
deduction.
Sec. 327. Permanent extension of new energy efficient home credit.
Sec. 328. Permanent extension and refundability of credit for
nonbusiness energy property.
Sec. 329. Permanent extension, modification, and refundability of
credit for residential energy efficient
property.
TITLE IV--ELECTRIFYING THE ENERGY ECONOMY
Subtitle A--General Provisions
Sec. 401. National zero-emission vehicle standard.
Sec. 402. Carbon fee for aviation, maritime transportation, and rail.
Sec. 403. Accelerating the deployment of zero-emission vehicles in
communities.
Sec. 404. Accelerating the deployment of zero-emission vehicle fleets.
Sec. 405. Decarbonizing America's highways.
Sec. 406. Accelerating the deployment of zero-emission aviation, rail,
and maritime transportation.
Sec. 407. Accelerating the deployment of zero-emission residential and
commercial heating.
Subtitle B--Helping Americans Move Beyond Oil
Sec. 411. Permanent extension, increase, and refundability of credit
for qualified new plug in electric drive
motor vehicles.
Sec. 412. Permanent extension of credit for hybrid medium- and heavy-
duty trucks.
Sec. 413. Extension of second generation biofuel producer credit.
Sec. 414. Extension of special allowance for second generation biofuel
plant property.
Sec. 415. Extension and modification of the alternative fuel vehicle
refueling property credit.
TITLE V--ENDING NEW FOSSIL FUEL INVESTMENTS
Subtitle A--Ending New Fossil Fuel Investments
Sec. 501. Moratorium on new major fossil fuel projects.
Sec. 502. Ending fossil fuel subsidies.
Subtitle B--Ending Fossil Fuel Subsidies
Sec. 511. Termination of various tax expenditures relating to fossil
fuels.
Sec. 512. Uniform 7-year amortization for geological and geophysical
expenditures.
Sec. 513. Natural gas gathering lines treated as 15-year property.
Sec. 514. Repeal of domestic manufacturing deduction for hard mineral
mining.
Sec. 515. Limitation on deduction for income attributable to domestic
production of oil, natural gas, or primary
products thereof.
Sec. 516. Termination of last-in, first-out method of inventory for
oil, natural gas, and coal companies.
Sec. 517. Repeal of percentage depletion for coal and hard mineral
fossil fuels.
Sec. 518. Termination of capital gains treatment for royalties from
coal.
Sec. 519. Modifications of foreign tax credit rules applicable to oil,
natural gas, and coal companies which are
dual capacity taxpayers.
Sec. 520. Increase in Oil Spill Liability Trust Fund financing rate.
Sec. 521. Application of certain environmental taxes to synthetic crude
oil.
Sec. 522. Denial of deduction for removal costs and damages for certain
oil spills.
Sec. 523. Tax on crude oil and natural gas produced from the outer
Continental Shelf in the Gulf of Mexico.
Sec. 524. Repeal of corporate income tax exemption for publicly traded
partnerships with qualifying income and
gains from activities relating to fossil
fuels.
TITLE VI--MAINTAINING AMERICAN COMPETITIVENESS
Sec. 601. Purposes; definitions.
Sec. 602. Leveling playing field for domestic manufacturers.
Sec. 603. Making American manufacturing energy efficient.
TITLE VII--MOBILIZING AMERICAN RESOURCES
Sec. 701. National Climate Change Council.
Sec. 702. Climate Fund; climate bonds.
Sec. 703. Accelerating 100 percent locally.
Sec. 704. Climate justice resiliency.
TITLE VIII--MISCELLANEOUS
Sec. 801. Tax amendments review.
SEC. 2. FINDINGS; PURPOSES; STATEMENT OF POLICY.
(a) Findings.--Congress finds that--
(1) from 1880 through 2015, global temperatures have
increased by about 1.06 degrees Celsius;
(2) the vast majority of global warming that has occurred
over the 50-year period ending on the date of enactment of this
Act was due to human activities, primarily the burning of
fossil fuels;
(3) emissions of greenhouse gases and atmospheric
concentrations of greenhouse gases continue to rise, which
results in a continued warming trend;
(4) global warming already has a significant impact on the
economy, including the farming, fishing, forestry, and
recreation industries;
(5) the significant impacts of global warming that are
already occurring will be amplified by a global temperature
increase, resulting in increased droughts, rising seas, mass
extinctions, heat waves, desertification, wildfires, acidifying
oceans, significant economic disruption, and security threats;
(6) low-income communities, communities of color,
indigenous communities and other environmental justice
communities in the United States are inordinately exposed to
pollution from fossil fuels, and climate impacts will be
disproportionately felt by those communities;
(7) the world is facing a climate emergency;
(8) people in States and local communities across the
United States are engaging in and winning the fight to mobilize
to solve the climate crisis; and
(9) the Federal Government has thus far failed to
adequately address the climate crisis.
(b) Purposes.--The purposes of this Act are--
(1) to reduce, in conjunction with other laws and policies,
emissions of carbon pollution to ensure that the contribution
of the United States to global climate change is lower than the
level required to keep global average temperature increases
below dangerous levels;
(2) to implement solutions that acknowledge the
intersections of environmental degradation that perpetuate
racial, social, and economic inequities;
(3) to protect the lives of low-income and disadvantaged
communities and invest in those communities;
(4) to empower communities to prepare for, and react to,
the impacts of climate change that are already being
experienced;
(5) to demonstrate to the international community a
commitment by the Federal Government to aggressively reduce
carbon pollution;
(6) to create jobs for all individuals, especially in
communities with high rates of unemployment or underemployment,
and build a sustainable economy; and
(7) to ensure universal access to clean and renewable
energy for all homes and businesses in the United States.
(c) Statement of Policy.--It is the policy of the United States
that--
(1) the United States should aggressively reduce carbon
pollution as rapidly as practicable, and achieve 100 percent
clean and renewable energy not later than 2050; and
(2) the Federal Government should do everything in its
power--
(A) to protect public health and environment;
(B) to avoid the most dangerous impacts of climate
change; and
(C) to promote a rapid, just, and equitable
transition to a clean energy economy.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Climate fund.--The term ``Climate Fund'' means the
Climate Fund established by section 702(a).
(3) Council.--The term ``Council'' means the National
Climate Change Council established by section 701(b).
(4) Disadvantaged community.--
(A) In general.--The term ``disadvantaged
community'' means a community that is disadvantaged
based on geographic, public health, environmental
hazard, or socioeconomic criteria.
(B) Inclusions.--The term ``disadvantaged
community'' includes--
(i) an area burdened by cumulative
environmental pollution or other hazard that
can lead to a negative public health effect;
(ii) an area with a concentration of people
that--
(I) are low-income;
(II) have high unemployment;
(III) have a high rent burden;
(IV) have a low level of home
ownership;
(V) have a low level of educational
attainment; or
(VI) are members of groups that
have historically experienced
discrimination on the basis of race or
ethnicity; and
(iii) an area that is vulnerable to the
impact of climate change such as flooding,
storm surges, and urban heat island effects.
(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. 5304).
(6) Low-income community.--The term ``low-income
community'' means a census or tribal block group in which not
less than 50 percent of households have an annual income that
is less than 80 percent of the greater of--
(A) the annual median gross income for the area in
which the census or tribal block group is located; and
(B) the annual median gross income for the State in
which the census or tribal block group is located.
(7) Rail.--
(A) In general.--The term ``rail'' means any entity
transporting goods or passengers operating on the
general railroad system of transportation (as defined
in Appendix A of part A of title 49, Code of Federal
Regulations (or successor regulations)).
(B) Exclusion.--The term ``rail'' does not include
rapid transit operations in an urban area not connected
to the general railroad system of transportation (as
defined in Appendix A of part 209 of title 49, Code of
Federal Regulations (or successor regulations)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) 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.
(10) Zero-emission vehicle.--The term ``zero-emission
vehicle'' means a vehicle that produces zero exhaust emissions
of any criteria pollutant, precursor pollutant, or greenhouse
gas in any mode of operation or condition, as determined by the
Administrator.
TITLE I--CLEAN AND RENEWABLE ENERGY FOR ALL
SEC. 101. MAKING PUBLIC TRANSPORTATION AFFORDABLE AND ACCESSIBLE.
(a) Establishment.--The Secretary shall establish a zero-emission
vehicle-based public transportation program (referred to in this
section as the ``Program'').
(b) Goals.--The goals of the Program are--
(1) to facilitate affordable and accessible zero-emission
vehicle-based public transportation;
(2) to establish regionally appropriate, interoperable
models for zero-emission vehicle-based public transportation in
diverse communities throughout the United States;
(3) to encourage the innovation and investment necessary to
achieve mass market modes of zero-emission vehicle-based public
transportation; and
(4) to reduce and displace fossil fuel use and reduce
greenhouse gas emissions by accelerating the deployment of
zero-emission vehicle-based public transportation in the United
States.
(c) Competitive Grants.--
(1) In general.--The Secretary shall establish a
competitive process to select communities for the Program to
receive grants.
(2) Community selection criteria.--Not later than 150 days
after the date of enactment of this Act, the Secretary shall
publish a set of selection criteria for the grants competition
that--
(A) shall prioritize communities that demonstrate
affordable modes of access to zero-emission vehicle-
based public transportation for disadvantaged
communities;
(B) shall ensure, to the maximum extent
practicable, that--
(i) the combination of selected communities
is diverse in population, population density,
demographics, urban and suburban composition,
typical commuting patterns, and climate;
(ii) at least 1 community selected has a
population of less than 500,000; and
(iii) grants are of a sufficient amount
such that each community will be able to
provide broadly accessible zero-emission
vehicle-based public transportation throughout
the community;
(C) may give preference to applicants proposing a
greater non-Federal cost share; and
(D) in considering community plans, shall take into
account previous Department of Energy and other Federal
investments to ensure that the maximum domestic benefit
from Federal investments is realized.
(3) Applications.--
(A) In general.--Not later than 150 days after the
date of publication by the Secretary of selection
criteria described in paragraph (2), any State, tribal,
or local government, or group of State, tribal, or
local governments may apply to the Secretary to receive
a grant under this subsection.
(B) Joint sponsorship.--
(i) In general.--An application submitted
under subparagraph (A) may be jointly sponsored
by electric utilities, automobile
manufacturers, technology providers, carsharing
companies or organizations, third-party zero-
emission vehicle service providers,
nongovernmental organizations, or other
appropriate entities.
(ii) Disbursement of grants.--A grant
provided under this subsection shall only be
disbursed to a State, tribal, or local
government, or group of State, tribal, or local
governments, regardless of whether the
application is jointly sponsored under clause
(i).
(4) Selection.--Not later than 120 days after an
application deadline has been established under subparagraph
(A), the Secretary shall announce the names of the communities
selected under this subsection.
(5) Community plans.--Plans for the deployment of zero-
emission vehicle-based public transportation shall include--
(A) a proposed level of cost sharing;
(B) documentation demonstrating a project involving
relevant stakeholders, including--
(i) a list of stakeholders that includes--
(I) elected and appointed officials
from each of the participating State,
local, and tribal governments;
(II) all relevant generators and
distributors of electricity;
(III) State utility regulatory
authorities;
(IV) departments of public works
and transportation;
(V) as appropriate, owners and
operators of regional electric power
distribution and transmission
facilities; and
(VI) as appropriate, other existing
community coalitions recognized by the
Department of Energy;
(ii) evidence of the commitment of the
stakeholders to participate in the project;
(iii) a clear description of the role and
responsibilities of each stakeholder; and
(iv) a plan for continuing the engagement
and participation of the stakeholders, as
appropriate, throughout the implementation of
the deployment plan;
(C) descriptions of incentives for economically
disadvantaged residents in the community to ensure
affordable access to zero-emission vehicle-based public
transportation, in addition to any Federal incentives;
(D) a timeline for the deployment of zero-emission
vehicle-based public transportation;
(E) a plan for monitoring and evaluating the
implementation of the plan, including metrics for
assessing the success of the deployment and an approach
to updating the plan, as appropriate; and
(F) a description of the manner in which any grant
funds applied for under paragraph (3) will be used and
the proposed local cost share for the funds.
(d) Funding.--The Secretary shall use to carry out this section not
more than $30,000,000,000 for each fiscal year from the Climate Fund.
SEC. 102. MAKING SOLAR ENERGY AFFORDABLE AND ACCESSIBLE TO LOW-INCOME
AND DISADVANTAGED FAMILIES.
(a) Definitions.--In this section:
(1) Administrative expense.--The term ``administrative
expense'' has the meaning given the term by the Secretary.
(2) Community solar facility.--The term ``community solar
facility'' means a community-based distributed photovoltaic
solar electricity generating facility that, as determined by
the Secretary--
(A) is owned by a subscriber organization;
(B) has a nameplate rating of 2 megawatts or less;
(C) is located in or near a community of
subscribers to whom the beneficial use of the
electricity generated by the facility belongs; and
(D) reserves not less than 25 percent of the
quantity of electricity generated by the facility for
households in low-income communities and disadvantaged
communities that are subscribers to the facility.
(3) Eligible entity.--
(A) In general.--The term ``eligible entity''
means--
(i) a low-income household;
(ii) a household in a disadvantaged
community;
(iii) a unit of State, territorial, or
local government;
(iv) an Indian tribe;
(v) a Native Hawaiian community-based
organization;
(vi) a rural area (as defined in section
343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a))); and
(vii) any other national or regional entity
that--
(I) deploys a safe, high-quality
photovoltaic solar electricity
generating facility for consumers under
a model that maximizes energy savings
to those consumers; and
(II) has experience, as determined
by the Secretary, in the installation
of solar systems using a job training
or community volunteer-based
installation model.
(B) Loan program.--With respect to a loan provided
under this section, the term ``eligible entity''
means--
(i) an entity described in clauses (i)
through (vi) of subparagraph (A); and
(ii) a private entity that--
(I) deploys a safe, high-quality
photovoltaic solar electricity
generating facility for consumers under
a model that maximizes energy savings
to those consumers; and
(II) will install solar systems
using a job training installation
model.
(4) Grant-eligible household.--The term ``grant-eligible
household'' means a household the members of which--
(A) earn an income equal to 80 percent or less of
the applicable area median income, as defined for the
applicable year by the Secretary of Housing and Urban
Development; and
(B) reside in an owner-occupied home.
(5) Low-income household.--The term ``low-income
household'' means a household with an income equal to 80
percent or less of the applicable area median income, as
defined for the applicable year by the Secretary of Housing and
Urban Development.
(6) Multi-family affordable housing.--The term ``multi-
family affordable housing'' means any federally subsidized
affordable housing complex in which not less than 50 percent of
the units are reserved for low-income households and households
in disadvantaged communities.
(7) Native hawaiian community-based organization.--The term
``Native Hawaiian community-based organization'' means any
organization that is composed primarily of Native Hawaiians
from a specific community and that assists in the social,
cultural, and educational development of Native Hawaiians in
that community.
(8) Photovoltaic solar electricity generating facility.--
The term ``photovoltaic solar electricity generating facility''
means--
(A) a generator that creates electricity from light
photons; and
(B) the accompanying hardware enabling that
electricity to flow--
(i) onto the electric grid; or
(ii) into an energy storage device.
(9) Subscriber.--The term ``subscriber'' means an
electricity consumer who--
(A) owns a subscription, or an equivalent unit or
share of the capacity or generation, of a community
solar facility;
(B) has identified 1 or more physical locations--
(i) to which the subscription will be
attributed;
(ii) within the same electric utility
service territory, or within the same
geographical area, as the community solar
facility, in accordance with applicable State
and local law; and
(iii) that may change from time to time,
subject to the condition that the physical
location shall be within the geographical
limits allowed for a subscriber of the
applicable community solar facility; and
(C) confirms the status of the consumer as a low-
income household, or a household in a disadvantaged
community, for each applicable fiscal year.
(10) Subscription.--The term ``subscription'' means a share
in the capacity, or a proportional interest in the solar
electricity generation, of a community solar facility.
(11) Underserved area.--The term ``underserved area''
means--
(A) a geographical area with low or no photovoltaic
solar deployment, as determined by the Secretary; or
(B) trust land, as defined in section 3765 of title
38, United States Code.
(b) Establishment of Loan and Grant Program.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide loans and grants to
eligible entities for use in accordance with this section.
(2) Funding.--
(A) In general.--Subject to the availability of
appropriations, the Secretary shall make grants and
issue loans in accordance with this subsection.
(B) Loans.--Subject to subparagraph (D), not more
than 50 percent of funds made available under
subparagraph (A) for a fiscal year shall be used to
provide loans to eligible entities for--
(i) community solar facilities; or
(ii) multi-family affordable housing solar
installations.
(C) Grants.--After allocating amounts to carry out
subparagraph (B), the Secretary shall use the remaining
funds made available under subparagraph (A) for a
fiscal year to provide grants to eligible entities--
(i) to pay the upfront costs of
photovoltaic solar electricity generating
facilities installed on properties of grant-
eligible households; or
(ii) for any other eligible use described
in subsection (e).
(D) Increase in loan amount.--Notwithstanding
subparagraph (B), if the Secretary determines that more
than 50 percent of the amounts described in that
subparagraph are necessary for any of fiscal years 2018
through 2050 to provide loans to encourage innovative
financing and installation models to reach underserved
markets, the Secretary may use more than 50 percent of
those amounts to provide those loans.
(3) Goals and accountability.--
(A) In general.--In providing loans and grants
under this subsection, the Secretary shall take such
actions as may be necessary to ensure that--
(i) the assistance provided under this
subsection is used to facilitate and encourage
innovative solar installation and financing
models, under which the recipients develop and
install photovoltaic solar electricity
generating facilities that provide significant
savings to low-income households and households
in disadvantaged communities while providing
job training or community engagement
opportunities with respect to each solar system
installed;
(ii) loan and grant recipients--
(I) install not less than 600
kilowatts of photovoltaic solar energy
during the 2-year period ending on the
date on which the loan or grant is
provided to ensure consumer protection;
or
(II) before the date on which the
goal described in subclause (I) is
achieved, enter into partnership with
an entity that--
(aa) has not less than 2
years of experience deploying
solar photovoltaic systems for
low-income households and
households in disadvantaged
communities in a manner that
maximizes the savings benefits
of solar access; and
(bb) was primarily
responsible for the
installation of at least 2
megawatts of solar energy
during the 2-year period ending
on the date on which the loan
or grant is provided;
(iii) the photovoltaic solar electricity
generating facilities installed using
assistance provided under this subsection are
safe, high-quality systems that comply with
local building and safety codes and standards;
(iv) the provision of assistance under this
subsection establishes and fosters a
partnership between the Federal Government and
eligible entities, resulting in efficient
development of solar installations with--
(I) minimal governmental
intervention;
(II) limited governmental
regulation; and
(III) significant involvement by
nonprofit and private entities;
(v) solar projects installed using
assistance provided under this subsection--
(I) shall include job training; and
(II) may include community
participation in which job trainees and
volunteers assist in the development of
solar projects;
(vi) assistance provided under this
subsection gives priority to development in--
(I) areas with low photovoltaic
penetration;
(II) rural areas;
(III) Indian tribal areas; and
(IV) other underserved areas,
including Alaskan Native and
Appalachian communities;
(vii) solar systems are developed using
assistance provided under this subsection on a
geographically diverse basis among the eligible
entities; and
(viii) to the maximum extent practicable,
solar installation activities for which
assistance is provided under this section
leverage, or connect grant-eligible households
to, federally or locally subsidized
weatherization and energy efficiency efforts
that meet or exceed local energy efficiency
standards.
(B) Determination.--If, at any time, the Secretary
determines that any goal described in subparagraph (A)
cannot be met by providing assistance in accordance
with this subsection, the Secretary shall immediately
submit to the appropriate committees of Congress a
written notice of that determination, including any
proposed changes necessary to achieve the goal.
(4) Community solar facilities.--
(A) In general.--A community solar facility may use
a loan provided under this subsection only to offset
the costs of generation and provision of solar energy
to low-income households, and households in
disadvantaged communities, that are subscribers of the
community solar facility.
(B) Transfer and assignment of subscriptions.--A
subscription to a community solar facility that
receives assistance under this subsection may be
transferred or assigned by the subscriber to--
(i) any subscriber organization; or
(ii) any individual or entity who qualifies
to be a subscriber to that community solar
facility.
(C) Treatment.--
(i) In general.--No owner, operator, or
subscriber of a community solar facility that
receives assistance under this subsection shall
be subject to regulation by the Federal Energy
Regulatory Commission solely as a result of an
interest in the community solar facility.
(ii) Price of subscription.--The price paid
for any subscription to a community solar
facility shall not be subject to the regulation
of any Federal department, agency, or
commission.
(c) National Competition.--
(1) In general.--The Secretary shall select eligible
entities to receive loans or grants under this section through
a nationwide competitive process, to be established by the
Secretary.
(2) Applications.--To be eligible to receive a loan or
grant under this section, 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.
(3) Requirements.--In selecting eligible entities to
receive loans or grants under this section, the Secretary
shall, at a minimum--
(A) require that the eligible entity--
(i) enter into a grant or loan agreement,
as applicable, under subsection (d); and
(ii) has obtained financial commitments (or
has demonstrated the capacity to obtain
financial commitments) necessary to comply with
that agreement;
(B) ensure that loans and grants are provided, and
amounts are used, in a manner that results in
geographical diversity throughout the United States and
within States, territories, and Indian tribal land
among photovoltaic solar electricity generating
facilities installed using the assistance provided
under this section;
(C) to the maximum extent practicable, expand
photovoltaic solar energy availability to--
(i) geographical areas, throughout the
United States and within States, territories,
and Indian tribal land, with--
(I) low photovoltaic solar
penetration; or
(II) a higher cost burden with
respect to the deployment or
installation of photovoltaic solar
electricity generating facilities;
(ii) rural communities;
(iii) Indian tribes; and
(iv) other underserved areas, including
Appalachian and Alaska Native communities;
(D) take into account the warranty period and
quality of the applicable photovoltaic solar
electricity generating facility equipment and any
necessary interconnecting equipment; and
(E) ensure that all calculations for estimated
household energy savings are based solely on
electricity offsets from the photovoltaic solar
electricity generating facilities.
(d) Loan and Grant Agreements.--
(1) In general.--As a condition of receiving a loan or
grant under this section, an eligible entity shall enter into a
loan or grant agreement, as applicable, with the Secretary.
(2) Requirements.--A loan or grant agreement under this
subsection shall--
(A) require the eligible entity--
(i) to use the assistance provided under
this section only in accordance with this
section;
(ii) to install such quantity of solar
systems with such defined capacity target
(expressed in megawatts) as may be established
by the Secretary, taking into consideration the
costs associated with carrying out loan or
grant obligations in the areas in which the
solar systems will be developed;
(iii) to use the assistance in a manner
that leverages other sources of funding (other
than loans or grants under this section),
including private or public funds, in
developing the solar projects; and
(iv) to establish loan terms, if
applicable, that maximize the benefit to the
low-income households, and households in
disadvantaged communities, receiving solar
energy from the eligible entity;
(B) require the Secretary to rescind any amounts
provided to the eligible entity that are not used
during the 2-year period beginning on the date on which
the amounts are initially distributed to the eligible
entity, except in any case in which the eligible entity
has demonstrated to the satisfaction of the Secretary
that a longer period, not to exceed 3 years after the
date of initial distribution, is necessary to deliver
proposed services;
(C) with respect to a loan provided under this
section, establish--
(i) an interest rate equal to the cost of
funds to the Department of the Treasury for
obligations of comparable maturity to the loan
as of the date on which the loan agreement is
entered into; and
(ii) a payout time that maximizes the
savings to customers during the effective
period of the agreement; and
(D) contain such other terms as the Secretary may
require to ensure compliance with the requirements of
this section.
(e) Use.--An eligible entity shall use a loan or grant provided
under this section for the purpose of developing new photovoltaic solar
projects in the United States for low-income households, households in
disadvantaged communities, and individuals who otherwise would likely
be unable to afford or purchase photovoltaic solar systems through 1 or
more of the following activities:
(1) Photovoltaic solar equipment and installation.--To pay
the costs of--
(A) solar equipment, including only photovoltaic
solar equipment and storage and all hardware or
software components relating to safely producing,
monitoring, and connecting the system to the electric
grid or onsite storage; and
(B) installation, including all direct labor
associated with installing the photovoltaic solar
equipment.
(2) Job training.--To fund onsite job training and
community or volunteer engagement, including--
(A) only job training costs directly associated
with the solar projects funded under this section; and
(B) job training opportunities that may cover the
full range of the solar value chain, such as marketing
and outreach, customer acquisition, system design, and
installation positions.
(3) Deployment support.--To fund entities that have a
demonstrated ability, as determined by the Secretary--
(A) to advise State and local entities regarding
solar policy, regulatory, and program design to
continue and expand the work of the entities in low-
income communities and disadvantaged communities;
(B) to foster community outreach and education
regarding the benefits of photovoltaic solar energy for
low-income communities and disadvantaged communities;
or
(C) to provide apprenticeship program opportunities
registered and approved by--
(i) the Office of Apprenticeship of the
Department of Labor pursuant to part 29 of
title 29, Code of Federal Regulations (or
successor regulations); or
(ii) a State Apprenticeship Agency
recognized by that Office.
(4) Administration.--To pay the administrative expenses of
the eligible entity, including preproject feasibility efforts,
in carrying out the duties of the Secretary associated with
delivering proposed services, except that not more than 15
percent of the total amount of the assistance provided to the
eligible entity under this section may be used for
administrative expenses.
(f) Compliance.--
(1) Records and audits.--During the period beginning on the
date of initial distribution to an eligible entity of a loan or
grant under this section and ending on the termination date of
the loan or grant under subsection (g), the eligible entity
shall maintain such records and adopt such administrative
practices as the Secretary may require to ensure compliance
with the requirements of this section and the applicable loan
or grant agreement.
(2) Determination by secretary.--If the Secretary
determines that an eligible entity that receives a grant or
loan under this section has not, during the 2-year period
beginning on the date of initial distribution to the eligible
entity of the assistance (or such longer period as is
established under subsection (d)(2)(B)), substantially
fulfilled the obligations of the eligible entity under the
applicable loan or grant agreement, the Secretary shall--
(A) rescind the balance of any funds distributed
to, but not used by, the eligible entity under this
section; and
(B) use those amounts to provide other loans or
grants in accordance with this section.
(g) Termination.--The Secretary shall terminate a loan or grant
provided under this section on the date on which the Secretary makes a
determination that the total amount of the loan or grant (excluding any
interest, fees, and other earnings of the loan or grant) has been--
(1) fully expended by the eligible entity; or
(2) returned to the Secretary.
(h) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall promulgate such regulations
as the Secretary determines to be necessary to carry out this section,
to take effect on the date of promulgation.
(i) Funding.--The Secretary shall use to carry out this section not
more than $10,000,000,000 for each fiscal year from the Climate Fund.
SEC. 103. MAKING ENERGY EFFICIENCY RETROFITS AFFORDABLE AND ACCESSIBLE
TO LOW-INCOME AND DISADVANTAGED FAMILIES.
(a) Weatherization Assistance Program.--Section 422 of the Energy
Conservation and Production Act (42 U.S.C. 6872) is amended to read as
follows:
``SEC. 422. FUNDING.
``The Secretary shall use to carry out the weatherization program
under this part from amounts in the Climate Fund established by section
702(a) of the 100 by '50 Act not more than $10,000,000,000 for each
fiscal year.''.
(b) Technical Correction.--Section 415 of the Energy Conservation
and Production Act (42 U.S.C. 6865) is amended in subsections (d) and
(e)(1)(A) by striking ``section 422(b)'' each place it appears and
inserting ``section 422''.
SEC. 104. MAKING ELECTRICITY AFFORDABLE FOR LOW INCOME AND
DISADVANTAGED FAMILIES.
Section 2602 of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8621) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Funding.--The Secretary shall use to carry out this title
(other than section 2607A) from amounts in the Climate Fund established
by section 702(a) of the 100 by '50 Act not more than $24,000,000,000
for each fiscal year.''; and
(2) in subsection (c), by striking ``appropriated'' and
inserting ``made available''.
SEC. 105. INCREASING SUSTAINABLE COMMUNITY DEVELOPMENT CAPACITY.
(a) Definitions.--In this section:
(1) Eligible community development organization.--The term
``eligible community development organization'' means--
(A) a unit of general local government (as defined
in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704));
(B) a community housing development organization
(as defined in section 104 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12704));
(C) an Indian tribe;
(D) a tribally designated housing entity (as
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103)); and
(E) a public housing agency (within the meaning of
section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b))).
(2) Nonprofit organization.--The term ``nonprofit
organization'' has the meaning given the term in section 104 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12704).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Grants to Nonprofit Organizations.--The Secretary may make
grants to nonprofit organizations to provide training, education,
support, or advice to an eligible community development organization or
qualified youth service and conservation corps--
(1) to improve energy efficiency;
(2) to design strategies to maximize energy efficiency; and
(3) to promote--
(A) resource conservation and reuse;
(B) the installation or construction of renewable
energy technologies or facilities, such as wind, wave,
solar, and geothermal energy; and
(C) the effective use of existing infrastructure in
affordable housing and economic development activities
in low-income communities and disadvantaged
communities.
(c) Application.--To be eligible for a grant under this section, a
nonprofit organization shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Award of Contracts.--Contracts for architectural or engineering
services funded with amounts from grants made under this section shall
be awarded in accordance with chapter 11 of title 40, United States
Code.
(e) Funding.--For fiscal year 2018 and each fiscal year thereafter,
the Secretary shall use to carry out this section from amounts in the
Climate Fund not more than a total of $2,000,000,000.
SEC. 106. TRAINING WORKERS FOR JOBS IN CLEAN ENERGY.
(a) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes--
(A) not less than 1--
(i) local educational agency that is
eligible for funding under section 131 of the
Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2351); or
(ii) area career and technical education
school or educational service agency described
in subsection (e) or (f) of such section;
(B) not less than 1 postsecondary institution
eligible for funding under section 132 of such Act (20
U.S.C. 2352); and
(C) representatives of the community, including
nonprofit organizations, business entities, labor
organizations, or industry entities that have
experience in fields described in subsection (b)(1).
(2) Program of study.--The term ``program of study'' means
a program of study for a field described in subsection (b)(1)
that contains the information described in section 122(c)(1)(A)
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2342(c)(1)(A)).
(b) Program Authorized.--
(1) In general.--The Secretary of Education is authorized
to award grants, on a competitive basis, to eligible
partnerships to enable the eligible partnerships to develop
programs of study that are focused on emerging careers and jobs
in the fields of clean energy, renewable energy, energy
efficiency, climate change mitigation, and climate change
adaptation.
(2) Consultation.--The Secretary of Education shall consult
with the Secretary of Labor and the Secretary prior to the
issuance of a solicitation for grant applications under this
section.
(c) Application.--
(1) In general.--An eligible partnership seeking a grant
under this section shall submit an application to the Secretary
of Education at such time and in such manner as such Secretary
may require.
(2) Contents.--Each application submitted under this
subsection shall include--
(A) a description of the eligible partnership and
the roles and responsibilities of each partner in the
partnership, and a demonstration of each partner's
capacity to support the program of study;
(B)(i) a description of each career area within a
field described in subsection (b)(1) to be developed
through the grant and the reason for choosing such
field; and
(ii) evidence of the labor market need to prepare
students in such career area;
(C) a description of the program of study proposed
to be funded by the grant, including--
(i) whether such program of study is a new
or existing program (as of the date of the
application); and
(ii) the secondary and postsecondary
components of such program of study;
(D) a description of the students to be served by
the program of study;
(E) a description of how the proposed program of
study will be replicable and disseminated to schools
outside of the partnership, including schools in urban
and rural areas;
(F) a description of the applied learning that will
be incorporated into the program of study and how the
applied learning will incorporate or reinforce academic
learning;
(G) a description of how the proposed program of
study will be delivered;
(H) a description of how the program of study will
provide accessibility to students, especially
economically disadvantaged, low-performing, urban, and
rural students;
(I) a description of how the program will address
placement of students in non-traditional fields, as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302); and
(J) a description of how the applicant proposes to
consult or has consulted with a labor organization,
labor management partnership, apprenticeship program,
or joint apprenticeship and training program, that
provides education and training in the field of study
for which the applicant proposes to develop a
curriculum.
(d) Priority.--In awarding grants under this section, the Secretary
of Education shall give priority to any application that proposes--
(1) to use innovative means to deliver the proposed program
of study to students, educators, and instructors outside of the
eligible partnership;
(2) to focus on low-performing students and special
populations, as defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302);
(3) to provide a comprehensive plan to enroll economically
disadvantaged students in the program of study; and
(4) to provide a comprehensive plan to ensure that all
students can complete programs of study supported by a grant
under this section without borrowing Federal or private
education loans.
(e) Peer Review.--
(1) In general.--The Secretary of Education shall convene a
peer review process to review applications for grants under
this section and to make recommendations regarding the
selection of grantees.
(2) Membership.--Members of the peer review committee shall
include in a balanced manner (to the maximum extent
practicable)--
(A) educators who have experience implementing
curricula with comparable purposes; and
(B) business and industry experts in fields
described in subsection (b)(1).
(f) Use of Funds.--An eligible partnership receiving a grant under
this section shall use grant funds for the development, implementation,
and dissemination of 1 or more programs of study in a career area
related to a field described in subsection (b)(1).
(g) Funding.--For fiscal year 2018 and each fiscal year thereafter,
the Secretary of Education shall use to carry out this section from
amounts in the Climate Fund not more than a total of $400,000,000.
SEC. 107. REQUIREMENTS FOR APPRENTICESHIP PROGRAMS AND EMPLOYMENT OF
TARGETED WORKERS.
(a) Definitions.--In this section:
(1) Qualified apprenticeship or other training program.--
The term ``qualified apprenticeship or other training program''
means--
(A) an apprenticeship or other training program
that qualifies as an employee welfare benefit plan (as
defined in section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002)), in which--
(i) not later than 18 months after the date
of enactment of this Act, not less than 50
percent of participating first-year apprentices
or trainees are projected to be targeted
workers; and
(ii) not later than 4 years after the date
of enactment of this Act, not less than 30
percent of all apprentices or trainees are
projected to be targeted workers; and
(B) in any case in which the Secretary of Labor
certifies that a qualified apprenticeship or other
training program described in subparagraph (A) for a
craft or trade classification of workers that a
prospective contractor or subcontractor intends to
employ is not operated in the locality in which a
project will be performed, an apprenticeship or other
training program that is not an employee welfare
benefit plan (as so defined) if the Secretary of Labor
determines that the apprenticeship or other training
program--
(i) is registered with the Office of
Apprenticeship of the Department of Labor or a
State apprenticeship agency recognized by the
Office of Apprenticeship for Federal purposes;
and
(ii) meets the requirements of subparagraph
(A).
(2) Targeted worker.--The term ``targeted worker'' means an
individual who--
(A) resides in the same labor market area (as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)) as the area in which
the applicable project will be carried out; and
(B) is--
(i) a member of a targeted group (within
the meaning of section 51 of the Internal
Revenue Code of 1986) and resides in a census
tract in which not less than 20 percent of the
households have incomes that are below the most
recent annual Federal Poverty Income Guidelines
published by the Department of Health and Human
Services;
(ii) a member of a family that received an
annual family income that, during the 2-year
period prior to employment on the project or
admission to the preapprenticeship program, did
not exceed 200 percent of the most recent
annual Federal Poverty Income Guidelines
published by the Department of Health and Human
Services, excluding--
(I) unemployment compensation;
(II) child support payments;
(III) cash payments under a
Federal, State, or local income-based
public assistance program; and
(IV) benefits under the old-age,
survivors, and disability insurance
benefits program established under
title II of the Social Security Act (42
U.S.C. 401 et seq.); or
(iii) a member of a disadvantaged
community.
(b) Preapprenticeship Requirements.--Each contractor and
subcontractor on any contract for construction services for a project
funded directly by, or assisted in whole or in part by or through, the
Federal Government pursuant to this Act or an amendment made by this
Act shall agree to provide not less than 1 percent of the contract
amount to fund preapprenticeship programs that--
(1) demonstrate the ability to recruit, train, and prepare
for admission to apprenticeship programs individuals who
qualify as targeted workers; and
(2) arrange to provide individuals who successfully
complete the preapprenticeship program to qualified
apprenticeship or other training programs.
(c) Qualified Apprenticeship and Other Training Programs.--Each
contractor and subcontractor that seeks to provide construction
services on projects funded directly by, or assisted in whole or in
part by or through, the Federal Government pursuant to this Act or an
amendment made by this Act shall submit adequate assurances with the
bid or proposal of the contractor or subcontractor that the contractor
or subcontractor participates in a qualified apprenticeship or other
training program for each craft or trade classification of worker that
the contractor or subcontractor intends to employ to perform work on
the project.
(d) Employment of Targeted Workers.--
(1) In general.--Each contractor and subcontractor on each
project funded directly by, or assisted in whole or in part by
or through, the Federal Government pursuant to this Act or an
amendment made by this Act shall--
(A) to the maximum extent practicable, ensure that
not less than 15 percent of all hours worked by newly
hired laborers and mechanics employed on the project be
performed by targeted workers; and
(B) establish a goal that at least 30 percent of
all hours worked by newly hired laborers and mechanics
employed on the project be performed by targeted
workers.
(2) Reliance on identification of targeted workers.--For
purposes of this subsection, contractors and subcontractors may
rely on the identification of individuals as targeted workers
by a qualified apprenticeship or other training program.
TITLE II--JUST TRANSITION FOR WORKERS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Clean Energy Worker Just
Transition Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Adversely affected employment.--The term ``adversely
affected employment'' means employment in an applicable firm.
(2) Adversely affected worker.--The term ``adversely
affected worker'' means an individual who, because of lack of
work in adversely affected employment, has been totally or
partially separated from such employment, or has been
threatened to be totally or partially separated from such
employment.
(3) Adjustment assistance.--The term ``adjustment
assistance'' means any compensation, credit, benefit, funding,
training, or service provided under subtitle A through any
option described in paragraph (1), (2), or (3) of section
221(b).
(4) Applicable firm.--The term ``applicable firm'' means,
as applicable--
(A) the firm, or subdivision of a firm, for which
the group of workers who are petitioning for
certification under section 211 work;
(B) the firm, or subdivision of a firm, for which a
group of certified adversely affected workers work;
(C) a group of firms within close geographic
proximity, as determined by the Secretary, for which a
group of workers who are petitioning for certification
under section 211 work; or
(D) a group of firms within a close geographic
proximity, as determined by the Secretary, for which a
group of certified adversely affected workers work.
(5) Certified adversely affected worker.--The term
``certified adversely affected worker'' means an adversely
affected worker covered by a certification issued under section
213(a)(2).
(6) Certified or recognized labor organization.--The term
``certified or recognized labor organization'' means a labor
organization that is certified or recognized under section 9 of
the National Labor Relations Act (29 U.S.C. 159) as the
representative of the workers involved.
(7) Energy industry.--The term ``energy industry'' means a
commercial sector, as determined by the Secretary, that--
(A) extracts, transports, or uses as a direct input
energy resources or electricity; or
(B) is otherwise dependent on the generation or
consumption of energy resources or electricity.
(8) Partial separation.--The term ``partial separation''
means, with respect to an individual who has not been totally
separated, that such individual has experienced--
(A) a reduction in hours of work to 80 percent or
less of the individual's average weekly hours in
adversely affected employment; and
(B) a reduction in wages to 80 percent or less of
the individual's average weekly wage in such adversely
affected employment.
(9) Partially separated.--The term ``partially separated''
means, with respect to an individual who has not been totally
separated, that such individual is experiencing partial
separation.
(10) Rapid response activity.--The term ``rapid response
activity'' has the meaning given the term in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102)
except that--
(A) a reference in such section to a State shall be
considered to be a reference to the Secretary; and
(B) the reference in such section to funds shall be
considered to be a reference to funds reserved by the
Secretary under section 242(b)(1).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(12) Threatened.--The term ``threatened'', with respect to
total or partial separation, means that an individual is aware
of imminent total or partial separation from employment with an
applicable firm or with a company with which the applicable
firm is contracted to provide goods or services.
(13) Total separation.--The term ``total separation'' means
the layoff or severance of an individual from employment with
an applicable firm.
(14) Totally separated.--The term ``totally separated''
means, with respect to an individual, that such individual is
experiencing total separation.
Subtitle A--Adjustment Assistance Program
PART I--GROUP CERTIFICATION
SEC. 211. PETITIONS.
(a) In General.--A petition for a group of workers to be certified
under section 213 for eligibility to apply for adjustment assistance
may be submitted to the Secretary by any of the following:
(1) Not less than 3 workers on behalf of the group of
workers petitioning for such certification.
(2) A certified or recognized labor organization, or any
other duly authorized representative of such workers (as
determined by the Secretary), representing not less than 3 of
the workers in the group.
(3) The applicable firm.
(b) Actions by the Secretary.--On receipt of a petition submitted
under subsection (a), the Secretary shall--
(1) ensure that rapid response activities and appropriate
career services (as described in section 134 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174)) authorized
under other Federal laws are made available to the workers
covered by the petition to the extent authorized under such
laws;
(2) verify the information included in the petition; and
(3) publish notice in the Federal Register and on the Web
site of the Department of Labor that the Secretary has received
such petition and has initiated an investigation into whether
the group of workers shall be certified under section 213.
(c) Hearing.--
(1) In general.--If an individual who submits a petition
under subsection (a), or any other individual determined by the
Secretary to have a substantial interest in the outcome of the
decision of the Secretary regarding certification under section
213, submits a request for a hearing in accordance with
paragraph (2), the Secretary shall--
(A) provide for a public hearing; and
(B) afford such individual an opportunity to be
present, produce evidence, and be heard.
(2) Submission.--The request under paragraph (1) shall be
submitted to the Secretary not later than 10 days after the
date on which the Secretary publishes notice in the Federal
Register under subsection (b)(3).
SEC. 212. GROUP ELIGIBILITY REQUIREMENTS.
(a) Criteria.--
(1) In general.--A group of workers shall be certified by
the Secretary as eligible to apply for adjustment assistance
pursuant to a petition filed under section 211, if the
Secretary determines that--
(A) such petition covers not less than 3 workers
who are similarly situated as--
(i) workers who work or have worked for the
same applicable firm;
(ii) workers who are totally or partially
separated, or threatened to be totally or
partially separated, due to the same local or
regional circumstance; or
(iii) workers who are serviced by the same
one-stop center described in section 121 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3151);
(B) such workers are workers who work in an
industry that is a qualifying industry, as determined
under paragraph (2);
(C) a significant number or proportion of the
workers working for the applicable firm have become
totally or partially separated or are threatened to
become totally or partially separated;
(D)(i) sales or production of the applicable firm
have decreased absolutely;
(ii) the applicable firm has been closed,
relocated, or acquired from another entity or foreign
country; or
(iii) the sales, production, or services of the
applicable firm have caused a shift that has
contributed to the total or partial separation, or
threatened total or partial separation, of such
workers; and
(E) the total or partial separation, threatened
total or partial separation, or any of the actions
described in subparagraph (D), are directly
attributable to--
(i) actions by the Federal Government;
(ii) the low cost of competing alternative
forms of energy; or
(iii) other reasons as determined by the
Secretary.
(2) Qualifying industry.--
(A) Initial period.--For any group filing a
petition under section 211 on a date that is during the
period beginning on the date of enactment of this Act
and ending on the date that is 5 years after such date
of enactment, a qualifying industry shall be a coal-
related or coal-dependent industry, as determined by
the Secretary.
(B) Subsequent years.--
(i) System.--For any group filing a
petition under section 211 on a date that is
after the 5-year period described in
subparagraph (A), the Secretary shall establish
a system in accordance with this subparagraph
for determining industries (in addition to the
coal-related or coal-dependent industry) to add
as qualifying industries.
(ii) Qualifications.--To be added as a
qualifying industry under clause (i), an
industry shall be--
(I) an energy industry; and
(II) an industry for which the
Secretary, in consultation with the
Secretary of Commerce, has determined
that, during the 5-year period
preceding the determination of the
Secretary under this subparagraph, not
less than 20 percent of the workers in
such industry are totally or partially
separated or are threatened to become
totally or partially separated.
(iii) Timing.--On the date that is 5 years
after the date of enactment of this Act, and
each year thereafter, the Secretary, in
consultation with the Secretary of Commerce,
shall determine if any industry meets the
qualifications under clause (ii) and add any
such industry as a qualifying industry.
(C) Indefinitely qualified.--Notwithstanding any
other provision in this paragraph, an industry that is
a qualifying industry, under subparagraph (A) or (B),
shall indefinitely remain a qualifying industry.
(b) Basis for Secretary's Determinations.--
(1) In general.--The Secretary shall, in determining
whether to certify a group of workers under section 213, obtain
from the workers, the applicable firm, or a customer of the
applicable firm, information the Secretary determines to be
necessary to make such certification, through questionnaires
and in any other manner that the Secretary determines
appropriate.
(2) Standards; criteria.--The Secretary shall establish--
(A) standards, including data requirements, to
investigate petitions filed under section 211; and
(B) criteria for making determinations under
section 213.
(3) Additional information.--The Secretary may seek
additional information to determine whether to certify a group
of workers--
(A) by contacting--
(i) officials or workers of the applicable
firm;
(ii) officials of a certified or recognized
labor organization or other duly authorized
representative of the group of workers;
(iii) State or regional departments of
labor, energy, the environment, economic
development, or commerce or that regulate
utilities; or
(iv) the Administrator, the Secretary, the
Federal Energy Regulatory Commission, the
Secretary of the Army (acting through the Chief
of Engineers), the Secretary of the Interior,
the United States Geological Survey, the
Secretary of Agriculture, the Secretary of
Commerce, or the Secretary of the Treasury, as
applicable; and
(B) by using any other available sources of
information.
(4) Verification of information.--
(A) Certification.--The Secretary shall require the
worker, applicable firm, or a customer of such firm to
certify--
(i) all information obtained under
paragraph (1) through questionnaires; and
(ii) all other information obtained under
paragraph (1) from such worker, firm, or
customer on which the Secretary relies in
making a determination under section 213,
unless the Secretary has a reasonable basis for
determining that such information is accurate
and complete without being certified.
(B) Use of subpoenas.--
(i) In general.--Except as provided in
clause (ii), if a worker, applicable firm, or
customer of such firm fails to provide
information requested by the Secretary under
paragraph (1) within 20 days after the date of
such request, the Secretary shall obtain such
information by subpoena in accordance with
section 214.
(ii) Exception.--The requirement under
clause (i) shall not apply if the worker,
applicable firm, or customer of such firm
demonstrates to the satisfaction of the
Secretary that such worker, firm, or customer
will provide the information within a
reasonable period of time.
(C) Protection of confidential information.--
(i) In general.--The Secretary may not
release information obtained under paragraph
(1) that the Secretary considers to be
confidential business information or personally
identifiable information unless the worker,
applicable firm, or customer whose information
is at issue had notice, at the time of
submission, that the information would be
released by the Secretary, or such worker,
applicable firm, or customer subsequently
consents to the release of the information.
(ii) Exception.--Nothing in this
subparagraph prohibits the Secretary from
providing the confidential business information
described in clause (i) to a court in camera or
to another party under a protective order
issued by a court.
SEC. 213. DETERMINATIONS AND CERTIFICATIONS.
(a) In General.--As soon as practicable after the date on which a
petition is filed under section 211 and, subject to subsection (e), not
later than 40 days after that date, the Secretary shall--
(1) determine whether the petitioning group meets the
requirements under section 212(a); and
(2) issue a certification of eligibility to apply for
adjustment assistance covering the workers in any group which
meets such requirements.
(b) Date of Separation.--Each certification issued under subsection
(a)(2) shall specify the date on which the total or partial separation
began or threatened to begin.
(c) Publication.--
(1) In general.--Not later than 5 days after reaching a
determination on a petition filed under section 211, the
Secretary shall publish a summary of the determination in the
Federal Register and on the Web site of the Department of
Labor, together with the reasons of the Secretary for making
such determination.
(2) Limitation on personal information.--The publication
under paragraph (1)--
(A) shall not include any personal information,
including names, of workers certified; and
(B) may include information regarding the
applicable firm.
(d) Termination of Certification.--Whenever the Secretary
determines, with respect to any certification of eligibility of the
workers of an applicable firm, that total or partial separations, or
threatened total or partial separations, from such firm are no longer
attributable to the factors described in subparagraph (E) of section
212(a)(1), the Secretary shall--
(1) terminate such certification; and
(2) promptly have notice of such termination, and the
reasons for such termination, published in the Federal Register
and on the Web site of the Department of Labor.
(e) Extension.--The Secretary may have an extension for completing
the determination or issuance under subsection (a) if any individual
fails to comply with the requirements for providing information under
section 212(b).
SEC. 214. SUBPOENA POWER.
(a) In General.--In the case described in section 212(b)(4)(B), the
Secretary may require by subpoena the attendance of witnesses and the
production of evidence necessary for the Secretary to make a
determination under section 213.
(b) Contumacy.--If a person refuses to obey a subpoena issued under
subsection (a), a United States district court within the jurisdiction
of which the relevant proceeding under this title is conducted may, on
petition by the Secretary, issue an order requiring compliance with
such subpoena.
SEC. 215. JUDICIAL REVIEW.
A denial of a certification under section 213 shall be subject to
judicial review in accordance with chapter 7 of title 5, United States
Code.
PART II--INDIVIDUAL APPLICATIONS; TERMINATION OF ASSISTANCE
SEC. 221. ADJUSTMENT ASSISTANCE.
(a) In General.--In accordance with this part, the Secretary shall
award adjustment assistance for a calendar year to any individual who--
(1) submits an application for an adjustment assistance
option under any of paragraphs (1) through (3) of subsection
(b) to the Secretary in a manner determined by the Secretary;
(2) is determined by the Secretary to be a certified
adversely affected worker as of the date on which such
individual submits the application; and
(3) meets all requirements under this section with respect
to the applicable adjustment assistance option.
(b) Options.--For a calendar year, an individual may apply for
adjustment assistance under not more than 1 of the following options:
(1) Option a.--Option A shall consist of adjustment
assistance that is--
(A) federally funded unemployment compensation
under part III, and the amendments made by such part;
(B) premium subsidy credits and cost sharing
benefits for health insurance under section 241, and
the amendments made by such section; and
(C) additional pension benefits under section 243,
and the amendment made by such section.
(2) Option b.--Option B shall consist of adjustment
assistance that is--
(A)(i) funding in an amount equal to the cost of
attendance (as defined in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll)), for a
program of education or training of not more than 4
years at a public institution of higher education (as
defined in section 102 of such Act (20 U.S.C. 1002)),
subject to paragraph (4); or
(ii)(I) training services and appropriate career
services under section 242;
(II) job search allowances and relocation
allowances under section 242, for individuals who meet
the requirements under subsections (d) and (e) of that
section, respectively; and
(III) an amount for living expenses that is based
on, and calculated in the same manner as, the cost of
attendance, as defined in that section, for the
training services and career services, subject to
paragraph (4); and
(B) premium subsidy credits and cost sharing
benefits for health insurance under section 241, and
the amendments made by such section, and additional
pension benefits under section 243, and the amendment
made by such section.
(3) Option c.--Option C shall--
(A) be for an individual who is 62 years of age or
older on the date on which such individual submits an
application under subsection (a) and--
(i) retires from the adversely affected
employment not later than 120 days after the
date on which such individual becomes a
certified adversely affected worker; or
(ii) in the case of an individual whose
adversely affected employment was at an
applicable firm that is no longer capable of
providing the full retirement pension and
health care benefits as promised, has retired
prior to the date on which such individual
becomes a certified adversely affected worker;
and
(B) consist of adjustment assistance that is--
(i) the premium subsidy credits and cost
sharing benefits for health insurance under
section 241, and the amendments made by such
section; and
(ii) additional pension benefits under
section 243, and the amendment made by such
section.
(4) Special rule.--Any amount provided for the cost of
attendance of a program of education or training under
paragraph (2)(A)(i), or for living expenses related to training
services under paragraph (2)(A)(ii), shall be reduced by any
amount provided toward such cost of attendance or living
expenses under section 242, section 401 of the Higher Education
Act of 1965 (20 U.S.C. 1070a), or any other Federal grant
assistance program.
(c) Reapplication Process.--An individual who has received
adjustment assistance for a calendar year shall reapply for such
assistance for any subsequent calendar year subject to subsection (d).
(d) Limitations.--
(1) Option a.--An individual may receive adjustment
assistance under subsection (b)(1) for not more than 3 years.
(2) Option b.--An individual may receive adjustment
assistance under subsection (b)(2) for not more than 4 years.
(e) Flexibility in Options.--During a calendar year, an individual
receiving adjustment assistance under an option under subsection (b)
may terminate adjustment assistance under that option and apply to
receive adjustment assistance under a different option under such
subsection.
SEC. 222. TERMINATION OF ADJUSTMENT ASSISTANCE.
(a) Definition of Comparable Benefits.--In this section, the term
``comparable benefits'' means benefits that provide the individual with
not less than 90 percent of the salary, pension benefits, and health
care benefits provided to the individual by the applicable firm
immediately prior to the individual becoming an adversely affected
worker.
(b) Notification of Comparable Benefits.--Not later than 60 days
after obtaining comparable benefits, an individual receiving adjustment
assistance shall notify the Secretary of such comparable benefits.
(c) Termination.--Any adjustment assistance provided to an
individual under this subtitle shall terminate not later than 60 days
after the date on which such individual obtains comparable benefits.
PART III--FEDERALLY FUNDED UNEMPLOYMENT COMPENSATION
SEC. 231. TEMPORARY ADDITIONAL UNEMPLOYMENT COMPENSATION PROGRAM FOR
CERTAIN ADVERSELY AFFECTED WORKERS.
(a) Federal-State Agreements.--Any State that desires to do so may
enter into and participate in an agreement under this section with the
Secretary. Any State that is a party to an agreement under this section
may, upon providing 30 days' written notice to the Secretary, terminate
such agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under subsection (a) shall
provide that the State agency of the State will make payments
of temporary additional unemployment compensation to applicable
individuals who--
(A) have exhausted all rights to regular
compensation under the State law or under Federal law
with respect to a benefit year;
(B) have no rights to regular compensation with
respect to a week under such law or any other State
unemployment compensation law or to compensation under
any other Federal law;
(C) are not receiving compensation with respect to
such week under the unemployment compensation law of
Canada; and
(D) are able to work, available to work, and
actively seeking work.
(2) Exhaustion of benefits.--For purposes of paragraph
(1)(A), an applicable individual shall be deemed to have
exhausted such individual's rights to regular compensation
under a State law when--
(A) no payments of regular compensation can be made
under such law because such individual has received all
regular compensation available to such individual based
on employment or wages during such individual's base
period; or
(B) such individual's rights to such compensation
have been terminated by reason of the expiration of the
benefit year with respect to which such rights existed.
(3) Weekly benefit amount, etc.--
(A) In general.--Subject to paragraph (4), for
purposes of any agreement under this section--
(i) the amount of temporary additional
unemployment compensation that shall be payable
to any applicable individual for any week of
total unemployment shall be equal to the amount
of the regular compensation (including
dependents' allowances) payable to such
individual during such individual's benefit
year under the State law for a week of total
unemployment;
(ii) subject to subparagraph (B), the terms
and conditions of the State law which apply to
claims for regular compensation and to the
payment thereof (including terms and conditions
relating to availability for work, active
search for work, and refusal to accept work)
shall apply to claims for temporary additional
unemployment compensation and the payment
thereof, except--
(I) that an applicable individual
shall not be eligible for temporary
additional unemployment compensation
unless, in the base period with respect
to which such individual exhausted all
rights to regular compensation under
the State law, such individual had 20
weeks of full-time insured employment
or the equivalent in insured wages, as
determined under the provisions of the
State law implementing section
202(a)(5) of the Federal-State Extended
Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note; Public Law 91-
373); and
(II) where otherwise inconsistent
with the provisions of this section or
with the regulations or operating
instructions of the Secretary
promulgated to carry out this section;
and
(iii) the maximum amount of temporary
additional unemployment compensation payable to
any applicable individual is 156 weeks.
(B) Exception.--Under an agreement under this
section, temporary additional unemployment compensation
shall not be denied under subparagraph (A) to an
applicable individual for any week by reason of a
failure to accept an offer of, or apply for, work if
the work does not provide for comparable benefits (as
defined in section 222(c)).
(4) No new benefit year.--In determining the amount under
paragraph (3), a State shall not establish a new benefit year
with respect to applicable individuals.
(5) Coordination rule.--Notwithstanding any other provision
of Federal law (and if the State law permits), the Governor of
a State that is in an extended benefit period may provide for
the payment of emergency unemployment compensation prior to
temporary additional unemployment compensation to applicable
individuals who otherwise meet the requirements of this
section.
(6) Unauthorized aliens ineligible.--A State shall require
as a condition of temporary additional unemployment
compensation that each alien who receives such compensation
must be legally authorized to work in the United States, as
defined for purposes of the Federal Unemployment Tax Act (26
U.S.C. 3301 et seq.). In determining whether an alien meets the
requirements of this subsection, a State must follow the
procedures provided in section 1137(d) of the Social Security
Act (42 U.S.C. 1320b-7(d)).
(c) Payments to States.--
(1) In general.--
(A) Full reimbursement.--There shall be paid to
each State which has entered into an agreement under
this section an amount equal to 100 percent of--
(i) the total amount of additional weeks of
temporary additional unemployment compensation
paid to applicable individuals by the State
pursuant to such agreement; and
(ii) any additional administrative expenses
incurred by the State by reason of such
agreement (as determined by the Secretary).
(B) Terms of payments.--Sums payable to any State
by reason of such State's having an agreement under
this section shall be payable, either in advance or by
way of reimbursement (as determined by the Secretary),
in such amounts as the Secretary estimates the State
will be entitled to receive under this section for a
period, reduced or increased, as the case may be, by
any amount by which the Secretary finds that his
estimates for any prior period were greater or less
than the amounts which should have been paid to the
State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed
upon by the Secretary and the State agency of the State
involved.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(3) Funding.--Payments to States under an agreement under
this section shall be made from the Trust Fund established
under section 251.
(d) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a
result of such false statement or representation or of such
nondisclosure such individual has received an amount of
temporary additional unemployment compensation to which such
individual was not entitled, such individual--
(A) shall be ineligible for further temporary
additional unemployment compensation in accordance with
the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a
claim for unemployment compensation; and
(B) shall be subject to prosecution under section
1001 of title 18, United States Code.
(2) Repayment.--In the case of individuals who have
received amounts of temporary additional unemployment
compensation to which they were not entitled, the State shall
require such individuals to repay the amounts of such temporary
additional unemployment compensation to the State agency,
except that the State agency may waive such repayment if it
determines that--
(A) the payment of such temporary additional
unemployment compensation was without fault on the part
of any such individual; and
(B) such repayment would be contrary to equity and
good conscience.
(3) Recovery by state agency.--
(A) In general.--The State agency shall recover the
amount to be repaid, or any part thereof, by deductions
from any temporary additional unemployment compensation
payable to such individual under this section or from
any unemployment compensation payable to such
individual under any State or Federal unemployment
compensation law administered by the State agency or
under any other State or Federal law administered by
the State agency which provides for the payment of any
assistance or allowance with respect to any week of
unemployment, during the 3-year period after the date
such individual received the payment of the temporary
additional unemployment compensation to which the
individual was not entitled, in accordance with the
same procedures as apply to the recovery of
overpayments of regular unemployment benefits paid by
the State.
(B) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(4) Review.--Any determination by a State agency under this
subsection shall be subject to review in the same manner and to
the same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
(e) Applicability.--
(1) In general.--An agreement entered into under this
section shall apply to weeks of unemployment--
(A) beginning after the date on which such
agreement is entered into; and
(B) ending on or before January 1, 2020.
(2) Termination.--No temporary additional unemployment
compensation under this section shall be payable for any week
subsequent to the last week described in paragraph (1)(B).
(f) Definitions.--In this section:
(1) Applicable individual.--The term ``applicable
individual'' means, with respect to a week of temporary
additional unemployment compensation, an individual who--
(A) is a certified adversely affected worker (as
defined in section 202) for such week; and
(B) has been awarded adjustment assistance for
option A under section 221(b) for such week.
(2) EB program definitions.--The terms ``compensation'',
``regular compensation'', ``extended compensation'', ``benefit
year'', ``base period'', ``State'', ``State agency'', ``State
law'', and ``week'' have the respective meanings given such
terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 232. PERMANENT STATE REQUIREMENT FOR THE PROVISION OF ADDITIONAL
UNEMPLOYMENT COMPENSATION FOR CERTAIN ADVERSELY AFFECTED
WORKERS.
(a) Unemployment Compensation.--Chapter 23 of subtitle C of the
Internal Revenue Code of 1986 is amended--
(1) in section 3304(a)--
(A) in paragraph (18), by striking ``and'' at the
end;
(B) by redesignating paragraph (19) as paragraph
(20); and
(C) by inserting after paragraph (18) the following
new paragraph:
``(19) additional unemployment compensation for applicable
individuals shall be payable as provided in section 3312;
and''; and
(2) by adding at the end the following:
``SEC. 3312. ADDITIONAL UNEMPLOYMENT COMPENSATION FOR CERTAIN ADVERSELY
AFFECTED WORKERS.
``(a) Additional Unemployment Compensation.--
``(1) In general.--
``(A) In general.--For purposes of section
3304(a)(19), a State law shall provide that payment of
additional unemployment compensation shall be made to
applicable individuals who--
``(i) have exhausted all rights to regular
compensation under the State law or under
Federal law with respect to a benefit year;
``(ii) have no rights to regular
compensation with respect to a week under such
law or any other State unemployment
compensation law or to compensation under any
other Federal law;
``(iii) are not receiving compensation with
respect to such week under the unemployment
compensation law of Canada; and
``(iv) are able to work, available to work,
and actively seeking work.
``(B) Exception.--Additional unemployment
compensation shall not be denied under subparagraph (A)
to an applicable individual for any week by reason of a
failure to accept an offer of, or apply for, work if
the work does not provide for comparable benefits (as
defined in section 232(c) of the Clean Energy Worker
Just Transition Act).
``(2) Exhaustion of benefits.--For purposes of paragraph
(1)(A), an applicable individual shall be deemed to have
exhausted such individual's rights to regular compensation
under a State law when--
``(A) no payments of regular compensation can be
made under such law because such individual has
received all regular compensation available to such
individual based on employment or wages during such
individual's base period; or
``(B) such individual's rights to such compensation
have been terminated by reason of the expiration of the
benefit year with respect to which such rights existed.
``(3) Weekly benefit amount, etc.--
``(A) In general.--Subject to paragraph (4), for
purposes of this section--
``(i) the amount of additional unemployment
compensation which shall be payable to any
applicable individual for any week of total
unemployment shall be equal to the amount of
the regular compensation (including dependents'
allowances) payable to such individual during
such individual's benefit year under the State
law for a week of total unemployment;
``(ii) the terms and conditions of the
State law which apply to claims for regular
compensation and to the payment thereof
(including terms and conditions relating to
availability for work, active search for work,
and refusal to accept work) shall apply to
claims for additional unemployment compensation
and the payment thereof, except--
``(I) that an applicable individual
shall not be eligible for additional
unemployment compensation unless, in
the base period with respect to which
such individual exhausted all rights to
regular compensation under the State
law, such individual had 20 weeks of
full-time insured employment or the
equivalent in insured wages, as
determined under the provisions of the
State law implementing section
202(a)(5) of the Federal-State Extended
Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note); and
``(II) where otherwise inconsistent
with the provisions of this section or
with the regulations or operating
instructions of the Secretary of Labor
promulgated to carry out this section;
and
``(iii) the maximum amount of additional
unemployment compensation payable to any
applicable individual is 156 weeks.
``(B) Transition for applicable individuals
receiving compensation under the temporary additional
unemployment compensation program.--In the case of an
applicable individual who received temporary additional
unemployment compensation under section 231 of the
Clean Energy Worker Just Transition Act for weeks
ending prior to January 1, 2020--
``(i) the number of weeks described in
subparagraph (A)(iii) shall be reduced by the
number of weeks such individual received the
temporary additional unemployment compensation
under such section 231; and
``(ii) in determining the amount under
subparagraph (A) for such individual, the State
shall use the same benefit year as was used for
such individual under such section 231.
``(4) No new benefit year.--In determining the amount under
paragraph (3), a State shall not establish a new benefit year
with respect to applicable individuals.
``(5) Coordination rule.--Notwithstanding any other
provision of Federal law (and if the State law permits), the
Governor of a State that is in an extended benefit period may
provide for the payment of emergency unemployment compensation
prior to additional unemployment compensation to applicable
individuals who otherwise meet the requirements of this
section.
``(6) Unauthorized aliens ineligible.--A State shall
require as a condition of additional unemployment compensation
that each alien who receives such compensation must be legally
authorized to work in the United States, as defined for
purposes of the Federal Unemployment Tax Act (26 U.S.C. 3301 et
seq.). In determining whether an alien meets the requirements
of this subsection, a State must follow the procedures provided
in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-
7(d)).
``(b) Payments to States.--
``(1) In general.--
``(A) Full reimbursement.--There shall be paid to
each State an amount equal to 100 percent of--
``(i) the total amount of additional
unemployment compensation paid to applicable
individuals by the State pursuant to this
section; and
``(ii) any additional administrative
expenses incurred by the State by reason of
this section (as determined by the Secretary of
Labor).
``(B) Terms of payments.--Sums payable to any State
by reason of this section shall be payable, either in
advance or by way of reimbursement (as determined by
the Secretary of Labor), in such amounts as the
Secretary of Labor estimates the State will be entitled
to receive under this section for a period, reduced or
increased, as the case may be, by any amount by which
the Secretary of Labor finds that his estimates for any
prior period were greater or less than the amounts
which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary of Labor and the State agency of the State
involved.
``(2) Certifications.--The Secretary of Labor shall from
time to time certify to the Secretary of the Treasury for
payment to each State the sums payable to such State under this
section.
``(3) Funding.--Payments to States under an agreement under
this section shall be made from the Clean Energy Workers Trust
Fund established under section 251 of the Clean Energy Worker
Just Transition Act.
``(c) Fraud and Overpayments.--
``(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a
result of such false statement or representation or of such
nondisclosure such individual has received an amount of
additional unemployment compensation to which such individual
was not entitled, such individual--
``(A) shall be ineligible for further additional
unemployment compensation in accordance with the
provisions of the applicable State unemployment
compensation law relating to fraud in connection with a
claim for unemployment compensation; and
``(B) shall be subject to prosecution under section
1001 of title 18, United States Code.
``(2) Repayment.--In the case of individuals who have
received amounts of additional unemployment compensation to
which they were not entitled, the State shall require such
individuals to repay the amounts of such additional
unemployment compensation to the State agency, except that the
State agency may waive such repayment if it determines that--
``(A) the payment of such additional unemployment
compensation was without fault on the part of any such
individual; and
``(B) such repayment would be contrary to equity
and good conscience.
``(3) Recovery by state agency.--
``(A) In general.--The State agency shall recover
the amount to be repaid, or any part thereof, by
deductions from any additional unemployment
compensation payable to such individual under this
section or from any unemployment compensation payable
to such individual under any State or Federal
unemployment compensation law administered by the State
agency or under any other State or Federal law
administered by the State agency which provides for the
payment of any assistance or allowance with respect to
any week of unemployment, during the 3-year period
after the date such individuals received the payment of
the additional unemployment compensation to which they
were not entitled, in accordance with the same
procedures as apply to the recovery of overpayments of
regular unemployment benefits paid by the State.
``(B) Opportunity for hearing.--No repayment shall
be required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
``(4) Review.--Any determination by a State agency under
this subsection shall be subject to review in the same manner
and to the same extent as determinations under the State
unemployment compensation law, and only in that manner and to
that extent.
``(d) Definitions.--In this section:
``(1) Applicable individual.--The term `applicable
individual' means, with respect to a week of additional
unemployment compensation, an individual who--
``(A) is a certified adversely affected worker (as
defined in section 202 of the Clean Energy Worker Just
Transition Act) for such week; and
``(B) has been awarded adjustment assistance for
option A under section 221(b)(1) of such Act for such
week.
``(2) EB program definitions.--The terms `compensation',
`regular compensation', `extended compensation', `benefit
year', `base period', `State', `State agency', `State law', and
`week' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).''.
(b) Clerical Amendment.--The table of sections for chapter 23 of
subtitle C of the Internal Revenue Code of 1986 is amended by adding at
the end the following item:
``Sec. 3312. Additional unemployment compensation.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2020, and shall apply to weeks of unemployment
ending on or after such date.
PART IV--OTHER BENEFITS AND SERVICES
SEC. 241. ELIGIBILITY FOR PREMIUM SUBSIDY CREDIT AND COST SHARING
BENEFITS FOR HEALTH INSURANCE.
(a) Premium Subsidy Credit.--
(1) In general.--Paragraph (1) of section 36B(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Special rule for certain certified adversely
affected workers.--If--
``(i) a taxpayer has a household income
which is not greater than 100 percent of an
amount equal to the poverty line for a family
of the size involved, and
``(ii) the taxpayer is a certified
adversely affected worker under section 202 of
the Clean Energy Worker Just Transition Act and
has been awarded adjustment assistance under
Option A, Option B, or Option C of section
211(b) of such Act,
the taxpayer shall, for purposes of the credit under
this section, be treated as an applicable taxpayer with
a household income which is equal to 100 percent of the
poverty line for a family of the size involved.''.
(2) Effective date.--The amendment made by this subsection
shall apply to months beginning after December 31, 2017.
(b) Cost Sharing.--The second sentence of section 1402(b) of the
Patient Protection and Affordable Care Act is amended by striking
``section 36B(c)(1)(B)'' and inserting ``subparagraph (C) or (E) of
section 36B(c)(1)''.
SEC. 242. TRAINING AND SUPPORT FOR EMPLOYMENT.
(a) Definitions.--In this section:
(1) Career services.--The term ``career services'' means
services described in section 134(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)).
(2) Eligible adversely affected worker.--The term
``eligible adversely affected worker'' means a certified
adversely affected worker who has been awarded adjustment
assistance under section 221(b)(2).
(3) Suitable employment.--The term ``suitable employment'',
used with respect to an eligible adversely affected worker,
means employment--
(A) at a wage that is not less than 90 percent of
the wage the worker received on the day before the date
described in section 213(b); and
(B) that meets such other requirements as the
Secretary may specify.
(4) Training services.--The term ``training services''
means services provided under section 134(c)(3) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)).
(b) Funding.--Each fiscal year, the Secretary shall use a portion
of the funds made available under section 251 to carry out this
section. From that portion, the Secretary shall--
(1) reserve an amount for the Secretary to use in ensuring
the availability of rapid response activities and career
services under section 211(b)(1);
(2) reserve an amount to grant job search allowances under
subsection (d);
(3) reserve an amount to grant relocation allowance under
subsection (e); and
(4) use the remainder of the portion to carry out
subsection (c).
(c) Career Services and Training Services.--
(1) Funding.--Each fiscal year, the Secretary shall use the
remainder described in subsection (b)(4) to provide career
services and training services to eligible adversely affected
workers, or to contribute to the costs of the one-stop delivery
system involved.
(2) Treatment of funds.--The Secretary shall treat the
funds in that remainder as if the funds are part of the amount
described in section 132(b)(2)(B) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3172(b)(2)(B)), except that--
(A) all funds in that remainder may only be used to
provide career services and training services to
eligible adversely affected worker, or to contribute to
the costs of the one-stop delivery system involved, as
described in section 133(b)(5)(B)(ii) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3173(b)(5)(B)(ii));
(B) the funds in that remainder shall not be
counted for purposes of applying section
132(b)(2)(B)(iii) or 133(b)(2)(B)(iii) of that Act (29
U.S.C. 3172(b)(2)(B)(iii), 3173(b)(2)(B)(iii)); and
(C) section 133(b)(4) of that Act (29 U.S.C.
3173(b)(4)) shall not apply to the funds in that
remainder.
(d) Job Search Allowances.--
(1) Job search allowance authorized.--
(A) Distributions.--
(i) Initial distribution.--The Secretary
shall establish procedures for an initial
distribution to States of reserved funds
described in subsection (b)(2) and available
for a fiscal year. Such procedures may include
the distribution of funds pursuant to requests
submitted by States in need of such funds.
(ii) Subsequent distribution.--The
Secretary shall establish procedures for the
distribution to States of the reserved funds
that remain available for the fiscal year after
the initial distribution required under clause
(i). Such procedures may include the
distribution of funds pursuant to requests
submitted by States in need of such funds.
(B) State use of funds.--Each State may use funds
distributed to the State under subparagraph (A) to
allow an eligible adversely affected worker who has
completed a program of training services or has
received appropriate career services to file an
application with the Secretary for payment of a job
search allowance.
(C) Approval of applications.--The Secretary may
grant an allowance pursuant to an application filed
under subparagraph (B) when all of the following apply:
(i) Assist eligible adversely affected
worker.--The allowance is paid to assist a
worker described in subparagraph (B) in
securing a job within the United States.
(ii) Local employment not available.--The
Secretary determines that the worker cannot
reasonably be expected to secure suitable
employment in the commuting area in which the
worker resides.
(iii) Application.--The worker has filed an
application for the allowance with the
Secretary at such time and containing such
information as the Secretary may determine.
(2) Amount of allowance.--
(A) In general.--Any allowance granted under
paragraph (1) shall provide reimbursement to the worker
of not more than 90 percent of the necessary job search
expenses of the worker as prescribed by the Secretary
in regulations.
(B) Maximum allowance.--Reimbursement under this
paragraph may not exceed $1,250 for any worker.
(C) Exception.--Notwithstanding subparagraphs (A)
and (B), a State may reimburse any worker described in
paragraph (1)(B) for necessary expenses incurred by the
worker in participating in a job search program
approved by the Secretary.
(e) Relocation Allowances.--
(1) Relocation allowance authorized.--
(A) Distributions.--
(i) Initial distribution.--The Secretary
shall establish procedures for an initial
distribution to States of reserved funds
described in subsection (b)(3) and available
for a fiscal year. Such procedures may include
the distribution of funds pursuant to requests
submitted by States in need of such funds.
(ii) Subsequent distribution.--The
Secretary shall establish procedures for the
distribution to States of the reserved funds
that remain available for the fiscal year after
the initial distribution required under clause
(i). Such procedures may include the
distribution of funds pursuant to requests
submitted by States in need of such funds.
(B) State use of funds.--Each State may use funds
distributed to the State under subparagraph (A) to
allow an eligible adversely affected worker to file an
application for a relocation allowance with the
Secretary, and the Secretary may grant the relocation
allowance, subject to the terms and conditions of this
subsection.
(2) Conditions for granting allowance.--The relocation
allowance may be granted if all of the following terms and
conditions are met:
(A) Assist eligible adversely affected worker.--The
relocation allowance will assist an eligible adversely
affected worker in relocating within the United States
to receive training services or for employment.
(B) Local employment not available.--The Secretary
determines that the worker cannot reasonably be
expected to secure--
(i) in the case of a worker relocating to
receive training services, suitable training
services in the commuting area in which the
worker resides; and
(ii) in the case of a worker relocating for
employment, suitable employment in that
commuting area.
(C) Separation or threat.--The worker is totally or
partially separated, or is threatened to become totally
or partially separated, from employment at the time
relocation commences.
(D) Suitable training or employment.--The worker--
(i) in the case of a worker relocating to
receive training services or for employment
after receiving training services, obtains
approval from the Secretary for the program of
training services involved; or
(ii) in the case of a worker relocating for
employment, has obtained suitable employment
affording a reasonable expectation of long-term
duration in the area in which the worker wishes
to relocate, or has obtained a bona fide offer
of such employment.
(E) Application.--The worker filed an application
with the Secretary before--
(i) in the case of a worker relocating for
employment or to receive training services, the
later of--
(I) the 425th day after the date of
the certification under section 212
that covers the worker; or
(II) the 425th day after the date
of the worker's last total separation;
or
(ii) in the case of a worker relocating for
employment after receiving training services,
the date that is the 182d day after the date on
which the worker concluded a program of
training services approved by the Secretary
under subparagraph (D)(i).
(3) Amount of allowance.--Any relocation allowance granted
to a worker under paragraph (1) shall include--
(A) not more than 90 percent of the reasonable and
necessary expenses (including subsistence and
transportation expenses at levels not exceeding those
allowable as specified in regulations prescribed by the
Secretary) incurred in transporting the worker, the
worker's family, and household effects; and
(B) a lump sum equivalent to 3 times the worker's
average weekly wage, up to a maximum payment of $1,250.
(4) Limitations.--A relocation allowance may not be granted
to a worker unless--
(A) in the case of a worker relocating for
employment or to receive training services, the
relocation occurs within 182 days after the filing of
the application for relocation assistance; or
(B) in the case of a worker relocating for
employment after receiving training services, the
relocation occurs within 182 days after the conclusion
of a program of training services approved by the
Secretary under paragraph (2)(D)(i).
SEC. 243. ADDITIONAL PENSIONS BENEFITS.
(a) In General.--In the case that, with respect to a certified
adversely affected worker, the amount of pension plan benefits
guaranteed under section 4022 or 4022A of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1322, 1322a), subject to section
4022B of such Act (29 U.S.C. 1322b) is less than the amount of the
nonforfeitable benefit to which such employee was entitled under the
terms of the pension plan of the applicable firm immediately before the
date of the insolvency of such applicable firm, the Pension Benefit
Guaranty Corporation shall make payments to such certified adversely
affected worker or to the multiemployer plan of the certified adversely
affected worker, as applicable, on a monthly basis in an amount equal
to--
(1) the excess of--
(A) the amount to which the employee was so
entitled; over
(B) the amount so guaranteed; and
(2) the payments otherwise made to such worker in
accordance with section 4022 or 4022A of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1322, 1322a),
subject to section 4022B of such Act (29 U.S.C. 1322b).
(b) Transfers From Fund.--Each fiscal quarter, the Secretary of
Labor shall transfer from the Trust Fund established under section 251
to the fund established under subsection (i) of section 4005 of the
Employee Retirement Income Security Act (29 U.S.C. 1305) (as added by
subsection (c)), an amount equal to the aggregate payments that are
expected to be made under subsection (a)(1) by the Pension Benefit
Guaranty Corporation in the subsequent fiscal quarter. The Secretary of
Labor may adjust the amounts so transferred for a fiscal quarter to
account for any overpayment or underpayment so made in a previous
fiscal quarter.
(c) PBGC Fund.--Section 4005 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end
the following:
``(i) An eighth fund shall be established and credited with any
amounts transferred in accordance with section 243(b) of the Clean
Energy Worker Just Transition Act. Such amounts shall be made available
to make payments in accordance with section 243(a) of such Act.''.
PART V--FUNDING
SEC. 251. ESTABLISHMENT OF CLEAN ENERGY WORKERS TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Clean Energy Workers
Trust Fund'' (referred to in this title as the ``Trust Fund''),
consisting of such amounts as may be appropriated to the Trust Fund
under subsection (b).
(b) Amounts in Trust Fund.--There is appropriated to the Trust
Fund, on an annual basis, an amount equal to the increase in revenues
to the Treasury resulting from the amendments made by section 252.
(c) Expenditures From Trust Fund.--
(1) In general.--Except as provided under paragraph (2),
amounts in the Trust Fund shall be available without further
appropriation--
(A) to carry out--
(i) the group certification and individual
application provisions under parts I and II of
this subtitle, respectively;
(ii) adjustment assistance provided through
any option under section 221(b) (subject to
paragraph (2)); and
(iii) sections 262 and 263; and
(B) for the administrative costs associated with
carrying out subparagraph (A) and this section.
(2) Tax credits and incentives.--From time to time there
shall be transferred from the Trust Fund to the general fund of
the Treasury amounts equal to the decrease in revenues to the
Treasury resulting from the amendments made by sections 241 and
261.
(3) Availability.--The amounts in the Trust Fund shall be
available for the purposes described in paragraphs (1) and (2)
to the Secretary and the head of any other agency as necessary
to carry out such purposes.
SEC. 252. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS.
(a) In General.--Subsection (b) of section 7874 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this title
as a domestic corporation if--
``(A) such corporation would be a surrogate foreign
corporation if subsection (a)(2) were applied by
substituting `80 percent' for `60 percent', or
``(B) such corporation is an inverted domestic
corporation.
``(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
``(A) the entity completes after May 8, 2014, the
direct or indirect acquisition of--
``(i) substantially all of the properties
held directly or indirectly by a domestic
corporation, or
``(ii) substantially all of the assets of,
or substantially all of the properties
constituting a trade or business of, a domestic
partnership, and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by
vote or value) of the entity is held--
``(I) in the case of an acquisition
with respect to a domestic corporation,
by former shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation, or
``(II) in the case of an
acquisition with respect to a domestic
partnership, by former partners of the
domestic partnership by reason of
holding a capital or profits interest
in the domestic partnership, or
``(ii) the management and control of the
expanded affiliated group which includes the
entity occurs, directly or indirectly,
primarily within the United States, and such
expanded affiliated group has significant
domestic business activities.
``(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated as
an inverted domestic corporation if after the acquisition the
expanded affiliated group which includes the entity has
substantial business activities in the foreign country in which
or under the law of which the entity is created or organized
when compared to the total business activities of such expanded
affiliated group. For purposes of subsection (a)(2)(B)(iii) and
the preceding sentence, the term `substantial business
activities' shall have the meaning given such term under
regulations in effect on May 8, 2014, except that the Secretary
may issue regulations increasing the threshold percent in any
of the tests under such regulations for determining if business
activities constitute substantial business activities for
purposes of this paragraph.
``(4) Management and control.--For purposes of paragraph
(2)(B)(ii)--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of an expanded affiliated
group is to be treated as occurring, directly or
indirectly, primarily within the United States. The
regulations prescribed under the preceding sentence
shall apply to periods after May 8, 2014.
``(B) Executive officers and senior management.--
Such regulations shall provide that the management and
control of an expanded affiliated group shall be
treated as occurring, directly or indirectly, primarily
within the United States if substantially all of the
executive officers and senior management of the
expanded affiliated group who exercise day-to-day
responsibility for making decisions involving
strategic, financial, and operational policies of the
expanded affiliated group are based or primarily
located within the United States. Individuals who in
fact exercise such day-to-day responsibilities shall be
treated as executive officers and senior management
regardless of their title.
``(5) Significant domestic business activities.--For
purposes of paragraph (2)(B)(ii), an expanded affiliated group
has significant domestic business activities if at least 25
percent of--
``(A) the employees of the group are based in the
United States,
``(B) the employee compensation incurred by the
group is incurred with respect to employees based in
the United States,
``(C) the assets of the group are located in the
United States, or
``(D) the income of the group is derived in the
United States,
determined in the same manner as such determinations are made
for purposes of determining substantial business activities
under regulations referred to in paragraph (3) as in effect on
May 8, 2014, but applied by treating all references in such
regulations to `foreign country' and `relevant foreign country'
as references to `the United States'. The Secretary may issue
regulations decreasing the threshold percent in any of the
tests under such regulations for determining if business
activities constitute significant domestic business activities
for purposes of this paragraph.''.
(b) Conforming Amendments.--
(1) Clause (i) of section 7874(a)(2)(B) of such Code is
amended by striking ``after March 4, 2003,'' and inserting
``after March 4, 2003, and before May 9, 2014,''.
(2) Subsection (c) of section 7874 of such Code is
amended--
(A) in paragraph (2)--
(i) by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(ii) by inserting ``or (b)(2)(A)'' after
``(a)(2)(B)(i)'' in subparagraph (B),
(B) in paragraph (3), by inserting ``or
(b)(2)(B)(i), as the case may be,'' after
``(a)(2)(B)(ii)'',
(C) in paragraph (5), by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(D) in paragraph (6), by inserting ``or inverted
domestic corporation, as the case may be,'' after
``surrogate foreign corporation''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after May 8, 2014.
PART VI--MISCELLANEOUS PROVISIONS
SEC. 261. CREDIT FOR HIRING UNEMPLOYED CERTIFIED ADVERSELY AFFECTED
WORKERS.
(a) Inclusion in Work Opportunity Credit.--Paragraph (1) of section
51(d) of the Internal Revenue Code of 1986 is amended by striking
``or'' at the end of subparagraph (I), by striking the period at the
end of subparagraph (J) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(K) a qualified adversely affected energy
industry unemployed worker.''.
(b) Definition of Qualified Adversely Affected Energy Industry
Unemployed Worker.--Subsection (d) of section 51 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(16) Qualified adversely affected energy industry
unemployed worker.--The term `qualified adversely affected
energy industry unemployed worker' means any individual who--
``(A) is a certified adversely affected worker
under section 202 of the Clean Energy Worker Just
Transition Act and whose status as such has not been
terminated before the date the individual begins work
for the employer,
``(B) is certified by the designated local agency
as--
``(i) having aggregate periods of
unemployment during the 1-year period ending on
the hiring date which equal or exceed 4 weeks
(but less than 6 months), or
``(ii) having aggregate periods of
unemployment during the 1-year period ending on
the hiring date which equal or exceed 6
months.''.
(c) Increased Credit Amount for Long-Term Unemployed Workers.--
Section 51(b)(3) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' before ``$24,000'', and
(2) by inserting ``, and $14,000 per year in the case of
any individual who is a qualified adversely affected energy
industry unemployed worker by reason of subsection
(d)(16)(B)(ii)'' after ``subsection (d)(3)(A)(ii)(II)''.
(d) Credit Limited to Individuals Hired for Comparable
Occupation.--Subsection (b) of section 51 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new paragraph:
``(4) Special rule for qualified adversely affected energy
industry unemployed workers.--The term `qualified wages' shall
not include any wages paid to qualified adversely affected
energy industry unemployed worker unless the position for which
such worker is hired for is a comparable occupation as
determined under section 222 of the Clean Energy Worker Just
Transition Act.''.
(e) Termination Provision Not To Apply.--Paragraph (4) of section
51(c) of the Internal Revenue Code of 1986 is amended by adding at the
end the following new sentence: ``The preceding sentence shall not
apply with respect to amounts paid or incurred to qualified adversely
affected energy industry unemployed workers.''.
(f) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2017.
SEC. 262. ENFORCEMENT.
(a) Violations.--It shall be a violation of this subtitle to for
any person to--
(1) make a false statement of a material fact knowing it to
be false, or knowingly fail to disclose a material fact, for
the purpose of obtaining or increasing for that person or for
any other person any payment authorized to be furnished under
this subtitle; or
(2) make a false statement of a material fact knowing it to
be false, or knowingly fail to disclose a material fact, when
providing information to the Secretary during an investigation
of a petition under section 211.
(b) Penalties.--Any person who commits a violation under subsection
(a) shall be imprisoned for not more than 1 year, fined under title 18,
United States Code, or both.
SEC. 263. BENEFIT INFORMATION TO WORKERS.
(a) General Information.--The Secretary shall provide--
(1) full information to workers about--
(A) the adjustment assistance available under this
subtitle; and
(B) the petition and application procedures, and
the appropriate filing dates, for such adjustment
assistance;
(2) whatever assistance is necessary to enable groups of
workers to prepare petitions or applications for such
adjustment assistance;
(3) the applicable eligible agency, as defined in section 3
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302), or any equivalent agency, and public or
private agencies, institutions, and employers, as appropriate,
with information of each certification issued under section 213
and of projections, if available, of the needs for training
under section 242 as a result of such certification; and
(4) labor organizations and other community organizations
with funding from the Trust Fund established under section 251,
to conduct community outreach to educate adversely affected
workers about such adjustment assistance.
(b) Written Notice to Individuals.--The Secretary shall provide
written notice through the mail of the adjustment assistance available
under this subtitle to each worker whom the Secretary has reason to
believe is covered by a certification under section 213--
(1) at the time such certification is made, if the worker
was partially or totally separated, or threatened to become
totally or partially separated, from the adversely affected
employment before such certification, or
(2) at the time of the total or partial separation, or
threatened total or partial separation, of the worker from the
adversely affected employment, if paragraph (1) does not apply.
(c) Published Notice.--The Secretary shall publish notice of the
adjustment assistance available under this subtitle to workers covered
by each certification issued under section 213 in newspapers of general
circulation in the areas in which such workers reside.
(d) Notification to Department of Commerce.--Not later than 60 days
after the date of enactment of this Act, and each year thereafter, the
Secretary shall prepare and submit a report to the Department of
Commerce on the geographic location and sector implicated by each
certification issued under section 213.
SEC. 264. AMENDMENT TO SURFACE MINING CONTROL AND RECLAMATION ACT OF
1977.
Section 402(i)(2) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232(i)(2)) is amended--
(1) by striking ``Subject to'' and inserting the following:
``(A) In general.--Subject to''; and
(2) by adding at the end the following:
``(B) Excess amounts.--
``(i) In general.--Subject to paragraph
(3), and after all transfers referred to in
subparagraph (A) and paragraph (1) have been
made, any amounts remaining after the
application of paragraph (3)(A) (without regard
to this subparagraph) shall be transferred to
the trustees of the 1974 UMWA Pension Plan and
used solely to pay pension benefits required
under such plan.
``(ii) 1974 umwa pension plan.--For
purposes of this subparagraph, the term `1974
UMWA Pension Plan' means a pension plan
referred to in section 9701(a)(3) of the
Internal Revenue Code of 1986 but without
regard to whether participation in such plan is
limited to individuals who retired in 1976 and
thereafter.''.
SEC. 265. REGULATIONS.
The Secretary shall promulgate regulations to carry out this
subtitle.
Subtitle B--Workplace Democracy Act
SEC. 271. SHORT TITLE.
This subtitle may be cited as the ``Workplace Democracy for a Clean
Energy Future''.
SEC. 272. STREAMLINING CERTIFICATION FOR LABOR ORGANIZATIONS.
(a) In General.--Section 9(c) of the National Labor Relations Act
(29 U.S.C. 159(c)) is amended by adding at the end the following:
``(6) Notwithstanding any other provision of this section, whenever
a petition shall have been filed by an employee or group of employees
or any individual or labor organization acting in their behalf alleging
that a majority of employees in a unit appropriate for the purposes of
collective bargaining wish to be represented by an individual or labor
organization for such purposes, the Board shall investigate the
petition. If the Board finds that a majority of the employees in a unit
appropriate for bargaining has signed valid authorizations designating
the individual or labor organization specified in the petition as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the exclusive
representative of any of the employees in the unit, the Board shall not
direct an election but shall certify the individual or labor
organization as the representative described in subsection (a).
``(7) The Board shall develop guidelines and procedures for the
designation by employees of a bargaining representative in the manner
described in paragraph (6). Such guidelines and procedures shall
include--
``(A) model collective bargaining authorization language
that may be used for purposes of making the designations
described in paragraph (6); and
``(B) procedures to be used by the Board to establish the
validity of signed authorizations designating bargaining
representatives.''.
(b) Conforming Amendments.--
(1) National labor relations board.--Section 3(b) of the
National Labor Relations Act (29 U.S.C. 153(b)) is amended, in
the second sentence--
(A) by striking ``and to'' and inserting ``to'';
and
(B) by striking ``and certify the results
thereof,'' and inserting ``, and to issue
certifications as provided for in that section,''.
(2) Unfair labor practices.--Section 8(b) of the National
Labor Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (7)(B) by striking ``, or'' and
inserting ``or a petition has been filed under section
9(c)(6), or''; and
(B) in paragraph (7)(C) by striking ``when such a
petition has been filed'' and inserting ``when such a
petition other than a petition under section 9(c)(6)
has been filed''.
SEC. 273. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows:
``(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly organized or certified as a
representative as defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make every
reasonable effort to conclude and sign a collective bargaining
agreement.
``(2) If after the expiration of the 90-day period
beginning on the date on which bargaining is commenced, or such
additional period as the parties may agree upon, the parties
have failed to reach an agreement, either party may notify the
Federal Mediation and Conciliation Service of the existence of
a dispute and request mediation. Whenever such a request is
received, it shall be the duty of the Service promptly to put
itself in communication with the parties and to use its best
efforts, by mediation and conciliation, to bring them to
agreement.
``(3) If after the expiration of the 30-day period
beginning on the date on which the request for mediation is
made under paragraph (2), or such additional period as the
parties may agree upon, the Service is not able to bring the
parties to agreement by conciliation, the Service shall refer
the dispute to an arbitration board established in accordance
with such regulations as may be prescribed by the Service. The
arbitration panel shall render a decision settling the dispute
and such decision shall be binding upon the parties for a
period of 2 years, unless amended during such period by written
consent of the parties.''.
Subtitle C--Community Need-Based Economic Transition Assistance Program
SEC. 281. COMMUNITY NEED-BASED ECONOMIC TRANSITION ASSISTANCE PROGRAM.
(a) Eligible County Defined.--In this subtitle, the term ``eligible
county'' means a county or an Indian tribe eligible for assistance
under this subtitle--
(1) in which not less than 35 certified adversely affected
workers reside; and
(2) that is certified by the Secretary under subsection
(b).
(b) Certification.--The Secretary shall certify an eligible county
not later than 20 days after the date on which the Secretary determines
that at least 35 workers residing in the county are certified adversely
affected workers.
(c) Notification.--After the Secretary certifies a county as an
eligible county under this section, the Secretary shall provide notice
of the certification--
(1) to the county government; or
(2) if the county does not have a county government, to the
most localized relevant regional or State government.
(d) Application.--After the date on which the Secretary certifies a
county under this section, the county may apply for a grant under each
of subsections (a) through (c) of section 282 and each of subsections
(a) through (e) of section 283.
SEC. 282. ECONOMIC DEVELOPMENT GRANT PROGRAMS.
(a) Appalachian Regional Commission.--
(1) In general.--The Appalachian Regional Commission
established by section 14301(a) of title 40, United States Code
(referred to in this subsection as the ``Commission''), shall
award grants to eligible counties to support economic
development planning and implementation activities in those
counties, including--
(A) developing entrepreneurial ecosystems;
(B) facilitating access to capital investments and
new markets; and
(C) addressing barriers relating to adequate water,
sewer, and telecommunications infrastructure.
(2) Regulations; guidance.--The Commission may issue such
regulations and guidance to carry out this subsection as the
Commission determines to be necessary.
(3) Funding.--The Commission shall use to carry out this
subsection not more than $40,000,000 for each of fiscal years
2016 through 2025 from the Climate Fund.
(b) Economic Development Administration.--
(1) In general.--The Assistant Secretary of Commerce for
Economic Development (referred to in this subsection as the
``Assistant Secretary'') shall--
(A) advance and coordinate regional place-based
innovation efforts for the Federal Government; and
(B) provide planning and coordination assistance to
eligible counties and other Federal agencies to assist
in economic development activities under this subtitle.
(2) Regulations; guidance.--The Assistant Secretary may
issue such regulations and guidance to carry out this
subsection as the Assistant Secretary determines to be
necessary.
(3) Funding.--The Assistant Secretary shall use to carry
out this subsection not more than $10,000,000 for each of
fiscal years 2016 through 2025 from the Climate Fund.
(c) New Development and Jobs in Abandoned Mine Land Communities.--
(1) In general.--The Director of the Office of Surface
Mining Reclamation and Enforcement (referred to in this
subsection as the ``Director'') shall award grants to eligible
counties for activities relating to the reclamation of
abandoned coal mine land sites and associated polluted waters.
(2) Purpose.--The purpose of the grant program under this
subsection is to promote sustainable redevelopment in eligible
counties.
(3) Selection.--The Director shall award grants based on
economic factors, including--
(A) the unemployment rate in the eligible county;
(B) the amount and severity of problems in the
eligible county relating to abandoned coal mine land
and water problems; and
(C) whether, in the determination of the Director,
reclamation activities to promote economic development
would assist the eligible county.
(4) Regulations; guidance.--In consultation with States,
Indian tribes, and other stakeholders, the Director may issue
such regulations and guidance to carry out this subsection as
the Director determines to be necessary.
(5) Funding.--The Director shall use to carry out this
subsection not more than $250,000,000 for each of fiscal years
2016 through 2025 from the Climate Fund.
(d) Small Business Administration.--
(1) In general.--The Administrator of the Small Business
Administration shall award grants to members of disadvantaged
communities to support entrepreneurial opportunities, such as
starting or expanding small businesses or nonprofit
organizations that--
(A) promote improvements in energy efficiency;
(B) design strategies to maximize energy
efficiency; and
(C) promote--
(i) resource conservation and reuse;
(ii) the installation or construction of
renewable energy technologies or facilities,
such as wind, wave, solar, and geothermal
energy; and
(iii) the effective use of existing
infrastructure in affordable housing and
economic development activities in low-income
communities and disadvantaged communities.
(2) Regulations; guidance.--The Administrator of the Small
Business Administration may issue such regulations and guidance
to carry out this subsection as the Administrator of the Small
Business Administration determines to be necessary.
(3) Funding.--The Administrator of the Small Business
Administration shall use to carry out this subsection not more
than $50,000,000 for each of fiscal years 2018 through 2050
from the Climate Fund.
SEC. 283. NEED-BASED WATER, BROADBAND, AND ELECTRIC GRID INFRASTRUCTURE
INVESTMENT PROGRAM.
(a) State Drinking Water Treatment Revolving Loan Funds.--The
Administrator shall award to eligible counties capitalization grants
for the purpose of establishing a drinking water treatment revolving
loan fund under section 1452(a) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)).
(b) Water Infrastructure Finance and Innovation.--The Administrator
shall provide to eligible counties long-term, low-interest loans for
large water infrastructure projects that are not eligible for funding
from a State revolving loan fund, in accordance with the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et
seq.).
(c) Broadband Initiatives Program.--The Secretary of Agriculture
shall provide to eligible counties loans and loan guarantees under the
broadband initiatives program established under title VI of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb et seq.) to expand the
access to, and quality of, broadband service across the rural United
States.
(d) Broadband Technology Opportunities Program.--The Assistant
Secretary of Commerce for Communications and Information shall award to
eligible counties grants for purposes of the Broadband Technology
Opportunities Program established under section 6001(a) of the American
Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(a)), including
providing access to, and improving, broadband service to underserved
areas of the United States.
(e) Electric Grid Infrastructure.--The Secretary shall award to
eligible counties grants for expenses necessary for--
(1) electricity delivery and energy reliability activities
to modernize the electric grid, including activities relating
to--
(A) demand-responsive equipment;
(B) enhanced security and reliability of energy
infrastructure;
(C) energy storage research, development,
demonstration, and deployment;
(D) facilitating recovery from disruptions to the
energy supply; and
(E) high-voltage transmission lines to bring
utility-scale hydro, wind, solar, and geothermal
generation to demand centers; and
(2) implementation of the programs authorized under title
XIII of the Energy Independence and Security Act of 2007 (42
U.S.C. 17381 et seq.).
(f) Grant and Loan Selection and Management.--
(1) In general.--In carrying out this section, the
Secretary of the Treasury, in consultation with the Assistant
Secretary of Commerce for Economic Development and State and
local workforce development boards established under sections
101 and 107 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3111, 3122), shall determine the percentage of funds
made available to allocate to each agency carrying out a loan
or grant program under subsections (a) through (e).
(2) Selection.--To the maximum extent practicable, in
selecting grant and loan applicants under this section, the
heads of the agencies carrying out the grant and loan programs
shall consult and coordinate with the Assistant Secretary of
Commerce for Economic Development.
(g) Funding.--There shall be used to carry out this section from
the Climate Fund $7,000,000,000 for the period of fiscal years 2016
through 2025.
TITLE III--GREENING THE GRID
Subtitle A--Fossil Fuel Phaseout
SEC. 301. FOSSIL FUEL PHASEOUT.
(a) In General.--Title VI of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end
the following:
``SEC. 610. FOSSIL FUEL PHASEOUT.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Base quantity of electricity.--The term `base
quantity of electricity' means the total quantity of electric
energy sold by a retail electric supplier, expressed in terms
of megawatt hours, to electric customers for purposes other
than resale during the most recent calendar year for which
information is available.
``(3) Fossil fuel energy.--The term `fossil fuel energy'
means electric energy generated, in whole or in part, by a
fossil fuel resource.
``(4) Fossil fuel energy credit.--The term `fossil fuel
energy credit' means a credit issued under subsection (f) that
represents 1 megawatt hour of fossil fuel energy.
``(5) Fossil fuel resource.--The term `fossil fuel
resource' means coal, oil, gas, oil shale, or tar sands.
``(6) Retail electric supplier.--
``(A) In general.--The term `retail electric
supplier' means an entity that sold not less than 1,000
megawatt hours of electric energy to electric consumers
for purposes other than resale during the preceding
calendar year.
``(B) Inclusion.--The term `retail electric
supplier' includes an entity that generates not less
than 1,000 megawatt hours of electric energy for use by
the entity.
``(7) Retire.--The term `retire', with respect to a fossil
fuel energy credit, means to disqualify the fossil fuel energy
credit for any subsequent use under this section, including
sale, transfer, exchange, or submission in satisfaction of a
compliance obligation.
``(b) Compliance.--For calendar year 2022 and each calendar year
thereafter, each retail electric supplier shall meet the requirements
of subsections (c) and (d) by submitting to the Administrator, not
later than April 1 of the following calendar year, as applicable--
``(1) for a retail electric supplier that exceeds the
maximum allowable percentage of fossil fuel energy generation
for the applicable calendar year, as determined under
subsection (c), a quantity of fossil fuel energy credits
sufficient to offset that excess, as determined and certified
by the Administrator; or
``(2) for a retail electric supplier that does not exceed
the maximum allowable percentage of fossil fuel energy
generation for the applicable calendar year, as determined
under subsection (c), a certification of that compliance, as
the Administrator determines to be appropriate.
``(c) Maximum Allowable Annual Percentage of Fossil Fuel Energy
Sales.--For calendar years 2022 through 2050, in annual increments, the
maximum annual percentage of the base quantity of electricity of a
retail electric supplier that may be generated from fossil fuel
resources, or otherwise credited towards the percentage requirement
pursuant to subsection (e), shall be the applicable percentage
specified in the following table:
``Maximum Allowable Annual Percentage of Fossil Fuel Energy Sales
------------------------------------------------------------------------
Calendar Year Percentage
------------------------------------------------------------------------
2022....................................................... 70.0
2023....................................................... 67.5
2024....................................................... 65.0
2025....................................................... 62.5
2026....................................................... 60.0
2027....................................................... 57.5
2028....................................................... 55.0
2029....................................................... 52.5
2030....................................................... 50.0
2031....................................................... 47.5
2032....................................................... 45.0
2033....................................................... 42.5
2034....................................................... 40.0
2035....................................................... 37.5
2036....................................................... 35.0
2037....................................................... 32.5
2038....................................................... 30.0
2039....................................................... 27.5
2040....................................................... 25.0
2041....................................................... 22.5
2042....................................................... 20.0
2043....................................................... 17.5
2044....................................................... 15.0
2045....................................................... 12.5
2046....................................................... 10.0
2047....................................................... 7.5
2048....................................................... 5.0
2049....................................................... 2.5
2050....................................................... 0.0.
------------------------------------------------------------------------
``(d) Requirement for 2050 and Thereafter.--For calendar year 2050
and each calendar year thereafter, a retail electric supplier shall not
generate or sell any fossil fuel energy.
``(e) Fossil Fuel Energy Credits.--
``(1) In general.--A retail electric supplier may satisfy
the requirements of subsection (b) through the submission of
fossil fuel energy credits--
``(A) issued to the retail electric supplier under
subsection (f); or
``(B) obtained by purchase, transfer, or exchange
under subsection (g), subject to any emissions
adjustment under subsection (f)(3)(B).
``(2) Limitation.--A fossil fuel energy credit may be
counted toward compliance with subsection (b) only once.
``(f) Issuance of Fossil Fuel Energy Credits.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall establish by
rule a program--
``(A) to verify and issue fossil fuel energy
credits to retail electric suppliers;
``(B) to track the sale, transfer, exchange, carry
over, and retirement of fossil fuel energy credits; and
``(C) to enforce the requirements of this section.
``(2) Application.--
``(A) In general.--To continue selling or
generating fossil fuel energy as a retail electric
supplier, or otherwise to be issued fossil fuel energy
credits, a retail electric supplier shall submit to the
Administrator an application for the issuance of fossil
fuel energy credits.
``(B) Contents.--The application under subparagraph
(A) shall indicate--
``(i) the quantity of electric energy sold
to electric consumers, expressed in megawatt
hours of electric energy, for purposes other
than resale during the preceding calendar year;
``(ii) if applicable--
``(I) the total quantity of
electric energy generated by the retail
electric supplier for use by the retail
electric supplier;
``(II) the type and quantity of
each energy resource that is used to
produce any energy sold to electric
consumers or used by the retail
electric supplier; and
``(III) the location at which the
fossil fuel energy will be produced;
and
``(iii) any other information the
Administrator determines to be appropriate.
``(3) Quantity of fossil fuel energy credits.--
``(A) In general.--Subject to subparagraphs (B)
through (D), the Administrator shall issue a quantity
of fossil fuel energy credits for a calendar year that
is equal to the amount by which fossil fuel energy
sales have been reduced during the period beginning on
January 1, 2000, and ending on December 31 of the
preceding calendar year.
``(B) Maximum quantity.--On approval of an
application under paragraph (2), the maximum quantity
of fossil fuel energy credits that may be issued by the
Administrator to any retail electric supplier for a
calendar year shall be equal to a quantity of fossil
fuel energy credits equal to the difference between--
``(i) the maximum annual percentage of
fossil fuel energy sales, expressed in megawatt
hours, for the applicable calendar year; and
``(ii) the actual quantity, expressed in
megawatt hours, of fossil fuel energy sold by
the retail electric supplier during the
applicable calendar year.
``(C) Emissions adjustment.--
``(i) In general.--The Administrator may
adjust the calculation of the actual quantity
of fossil fuel energy generation by setting
standard emissions factors based on the
lifecycle greenhouse gas emissions of specific
types of fossil fuel energy-generating
facilities.
``(ii) Lifecycle emissions of non-fossil
energy resources.--The Administrator shall--
``(I) evaluate the lifecycle
emissions of non-fossil energy
resources, including upstream emissions
such as greenhouse gas emissions
associated with mining; and
``(II) reduce any allocation of
credits on the basis of that lifecycle
evaluation.
``(D) Limitation.--
``(i) In general.--This paragraph applies
only to retail electric suppliers that do not
sell or generate fossil fuel energy in excess
of the maximum allowable annual percentage of
fossil fuel energy generation for the
applicable calendar year, as determined under
subsection (c).
``(ii) Prohibition.--The Administrator may
not issue a fossil fuel energy credit for a
calendar year to any retail electric supplier
that exceeds the maximum allowable annual
percentage of fossil fuel energy sales for that
calendar year.
``(4) Credit banking.--A fossil fuel energy credit for any
calendar year that is not submitted to comply with the maximum
allowable percentage of fossil fuel energy requirement of
subsection (c) for that calendar year may be carried forward
for use in accordance with this section within the next 5
years, but not later than 2049.
``(g) Fossil Fuel Energy Credit Trading.--
``(1) In general.--A fossil fuel energy credit for any
calendar year before 2050 that is not submitted to comply with
the maximum allowable percentage of fossil fuel energy
requirement of subsection (c) for that calendar year may be
sold, transferred, or exchanged by the retail electric supplier
to which the fossil fuel energy credit is issued or by any
other retail electric supplier that acquires the fossil fuel
energy credit.
``(2) Limitations.--
``(A) In general.--The sale, transfer, or exchange
of fossil fuel energy credits may only occur between
retail electric suppliers.
``(B) Rights.--A retail electric supplier shall be
the only entity that may obtain legal rights to a
fossil fuel energy credit.
``(C) Hotspots.--The Administrator shall--
``(i) evaluate trading to determine if
trading results in the unsafe concentration of
pollution in any area to any population; and
``(ii) if any unsafe concentration of
pollution is identified, halt the sale of
credits to entities--
``(I) within the identified area;
or
``(II) that purchase electricity
from a facility that would exacerbate
pollution in the identified area, as
determined by the Administrator.
``(3) Delegation.--The Administrator may delegate to an
appropriate market-making entity the administration of a
national tradeable fossil fuel energy credit market for
purposes of creating a transparent national market for the sale
or trade of fossil fuel energy credits.
``(h) Fossil Fuel Energy Credit Retirement.--
``(1) In general.--Any retail electric supplier that
obtains legal rights to a fossil fuel energy credit may retire
the fossil fuel energy credit in any calendar year.
``(2) Use of retired fossil fuel energy credit.--A fossil
fuel energy credit retired under paragraph (1) may not be used
for compliance with subsection (b) in--
``(A) the calendar year in which the fossil fuel
energy credit is retired; or
``(B) any subsequent calendar year.
``(i) Information Collection.--The Administrator may collect the
information necessary to verify and audit--
``(1) the annual fossil fuel energy sales or generation of
any retail electric supplier;
``(2) a fossil fuel energy credit submitted by a retail
electric supplier pursuant to subsection (b)(1);
``(3) the validity of a fossil fuel energy credit submitted
for compliance by a retail electric supplier to the
Administrator; and
``(4) the quantity of electricity sales of all retail
electric suppliers.
``(j) State Programs.--
``(1) In general.--Nothing in this section diminishes any
authority of a State or political subdivision of a State--
``(A) to adopt or enforce any law (including
regulations) respecting electricity; or
``(B) to regulate an electric utility.
``(2) Compliance with section.--No law or regulation of a
State or political subdivision of a State shall relieve any
electric utility from compliance with any requirement otherwise
applicable under this section.
``(k) Regulations.--Not later than 1 year after the date of
enactment of this section, the Administrator shall promulgate
regulations to implement this section.
``(l) Enforcement.--
``(1) Civil penalty.--
``(A) In general.--A retail electric supplier that
fails to comply with subsection (b) shall be liable for
a civil penalty, assessed by the Administrator, in an
amount that is equal to twice the average value of the
aggregate quantity of fossil fuel energy credits that
the retail electric supplier failed to submit in
violation of that subsection, as determined by the
Administrator.
``(B) Enforcement.--The Administrator shall assess
any civil penalty under subparagraph (A).
``(C) Deposit.--With respect to any civil penalty
paid to the Administrator pursuant to subparagraph (A),
the Administrator shall deposit the amount in the
Climate Fund established by section 702(a) of the 100
by '50 Act.
``(2) Injunction.--After calendar year 2050, the
Administrator may issue an injunction on the purchase or
generation of fossil fuel energy by a retail electric
supplier.''.
(b) Table of Contents Amendment.--The table of contents of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601)
is amended by adding at the end of the items relating to title VI the
following:
``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Fossil fuel phaseout.''.
Subtitle B--Enhancing Grid Reliability
SEC. 311. ENHANCING GRID RELIABILITY.
(a) Energy Storage and Dispatchable Energy Grant Program.--
(1) Establishment.--The Secretary shall establish a
competitive grant program for utility-scale demonstration
projects for energy storage and dispatchable concentrated solar
thermal, geothermal, and ocean power energy technologies, or
other emerging dispatchable technologies, as identified by the
Secretary.
(2) Federal cost share.--The Secretary may provide a grant
under this subsection in an amount that is equal to not more
than 20 percent of the total costs incurred in connection with
the development, construction, acquisition of components for,
or engineering of a demonstration project referred to in
paragraph (1).
(3) No ownership interest.--The United States shall hold no
equity or other ownership interest in a qualified advanced
electric transmission manufacturing plant or qualified advanced
electric transmission property for which funds are provided
under this subsection.
(4) Funding.--The Secretary shall use to carry out this
subsection not more than $10,000,000,000 for each fiscal year
from the Climate Fund.
(b) Interstate Competitive Renewable Energy Zones.--The Federal
Power Act is amended by inserting after section 216 (16 U.S.C. 824p)
the following:
``SEC. 216A. INTERSTATE COMPETITIVE RENEWABLE ENERGY ZONES.
``(a) Purposes.--The purposes of this section are--
``(1) to provide greater certainty for--
``(A) renewable energy project developers by
encouraging preconstruction capacity commitments by
transmitting utilities; and
``(B) transmitting utilities by encouraging
preconstruction financial commitments from project
developers; and
``(2) to expedite transmission and renewable energy
generation projects through Federal permitting processes.
``(b) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) Renewable energy project developer.--The term
`renewable energy project developer' means an entity that is
responsible for siting renewable energy generation projects, as
identified by the Commission.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(4) Zone.--The term `zone' means an interstate
competitive renewable energy zone established under subsection
(c)(1).
``(c) Renewable Energy Zones.--
``(1) Establishment.--Not later than 180 days after the
date of conclusion of the consultation required under paragraph
(2), after providing public notice and an opportunity to
comment, the Commission, in coordination with the Secretary,
shall establish zones, to be known as `interstate competitive
renewable energy zones', in accordance with the purposes
described in subsection (a)--
``(A) to expedite--
``(i) the construction of interstate
transmission facilities; and
``(ii) transmission facilities crossing 2
or more grid interconnections; and
``(B) to facilitate the deployment of renewable
energy resources in areas in which renewable energy
resources and suitable land areas are sufficient to
develop generating capacity.
``(2) Consultation.--During the 2-year period beginning on
the date of enactment of this section, the Commission, in
coordination with the Secretary and the heads of other relevant
Federal agencies, shall carry out appropriate consultation with
States and Indian tribes (or any entity designated by a State
or Indian tribe), Federal power marketing agencies,
Transmission Organizations, transmitting utilities, and
renewable energy project developers with respect to identifying
appropriate locations for zones--
``(A) in accordance with the purposes described in
paragraph (1);
``(B) taking into consideration reliability,
congestion, cybersecurity, environmental impact, and
cost effectiveness; and
``(C) in a manner that ensures that the processing
and permitting of renewable energy facilities and
transmission facilities comply with applicable
requirements of Federal law.
``(3) Identification of grid-planning entities.--Not later
than 90 days after the date of conclusion of the consultation
required under paragraph (2), any entity described in that
paragraph that intends to support the purposes described in
subsection (a) in the grid planning activities of the entity
shall submit to the Commission a notice of that intent.
``(d) Preconstruction Commitments.--Not later than 90 days after
the date of establishment of the zones under subsection (c)(1), the
Commission, in coordination with each relevant grid-planning entity
identified under subsection (c)(3), shall solicit participation of, and
convene, interested stakeholders within each zone for purposes of--
``(1) construction planning; and
``(2) encouraging--
``(A) financial commitments by renewable energy
project developers to transmitting utilities; and
``(B) commitments of transmission access by
transmitting utilities to renewable energy project
developers.
``(e) Construction Planning.--Not later than 180 days after the
date of establishment of the zones under subsection (c)(1), the
Commission, in coordination with each relevant grid-planning entity
identified under subsection (c)(3), shall develop a plan for each zone
relating to construction of the transmission capacity necessary to
deliver to electric customers, in a manner that is most beneficial and
cost-effective to the customers, the renewable electricity generation
capacity within the zone.
``(f) Coordination With State and Regional Planning Processes.--The
Commission shall provide support for, and may participate as requested
in, State and regional grid planning processes that, as determined by
the Commission, will expedite the construction of intrastate
transmission lines to facilitate the deployment of renewable energy
resources.''.
Subtitle C--Making Clean and Renewable Energy Affordable
PART I--REDUCING CARBON POLLUTION AND CREATING JOBS BY TRANSITIONING TO
SUSTAINABLE ENERGY SOURCES
SEC. 321. EXTENSION AND MODIFICATION OF CREDITS WITH RESPECT TO
FACILITIES PRODUCING ENERGY FROM CERTAIN RENEWABLE
RESOURCES.
(a) Permanent Extension for Certain Facilities.--Section 45(d) of
the Internal Revenue Code of 1986 is amended--
(1) in paragraph (4), by striking ``and which'' and all
that follows through the period and inserting the following:
``and, in the case of a facility using solar energy, which is
placed in service before January 1, 2006.'',
(2) in paragraph (6), by striking ``and the construction of
which begins before January 1, 2017'',
(3) in paragraph (7), by striking ``and the construction of
which begins before January 1, 2017'',
(4) in paragraph (9)(A)--
(A) in clause (i), by striking ``and before January
1, 2017'', and
(B) in clause (ii), by striking ``and the
construction of which begins before January 1, 2017'',
and
(5) in paragraph (11)(B), by striking ``and the
construction of which begins before January 1, 2017''.
(b) Extension for Wind Facilities.--
(1) In general.--Section 45(d)(1) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2020'' and
inserting ``January 1, 2034''.
(2) Modification of phaseout.--Paragraph (5) of section
45(b) of such Code is amended--
(A) by striking ``and'' at the end of subparagraph
(B),
(B) by striking ``January 1, 2020, 60 percent.'' in
subparagraph (C) and inserting ``January 1, 2031, 60
percent, and'', and
(C) by adding at the end the following new
subparagraph:
``(D) in the case of any facility the construction
of which begins after December 31, 2030, and before
January 1, 2034, 80 percent.''.
(c) Extension of Election To Treat Qualified Facilities Other Than
Biomass Facilities as Energy Property.--
(1) In general.--Section 48(a)(5)(C) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``and the construction of which
begins before January 1, 2017 (January 1, 2020, in the
case of any facility which is described in paragraph
(1) of section 45(d))'' in clause (ii), and
(B) by adding at the end the following new flush
sentence:
``Such term shall not include any facility described in
section 45(d)(1) the construction of which begins after
December 31, 2033.''.
(2) Exclusion of biomass facilities.--Clause (i) of section
48(a)(5)(C) of such Code is amended by striking ``(2), (3),''.
(3) Modification of phaseout percentage for wind
facilities.--Subparagraph (E) of section 48(a)(5) of such Code
is amended--
(A) by striking ``and'' at the end of clause (ii),
(B) by striking ``January 1, 2020, 60 percent.'' in
clause (iii) and inserting ``January 1, 2031, 60
percent, and'', and
(C) by adding at the end the following new clause:
``(d) in the case of any facility the
construction of which begins after December 31,
2030, and before January 1, 2034, 80
percent.''.
(d) Effective Dates.--The amendments made by this section shall
take effect on January 1, 2017.
SEC. 322. EXTENSION AND MODIFICATION OF ENERGY CREDIT.
(a) Permanent Extension for Certain Property.--Section 48 of the
Internal Revenue Code of 1986 is amended--
(1) in subsection (a)(3)(A)--
(A) in clause (ii), by striking ``but only with
respect to periods ending before January 1, 2017'', and
(B) in clause (vii), by striking ``, but only with
respect to periods ending before January 1, 2017'', and
(2) in subsection (c)--
(A) in paragraph (1), by striking subparagraph (D),
(B) in paragraph (2), by striking subparagraph (D),
(C) in paragraph (3)(A), by inserting ``and'' at
the end of clause (ii), by striking ``, and'' at the
end of clause (iii) and inserting a period, and by
striking clause (iv), and
(D) in paragraph (4), by striking subparagraph (C).
(b) Solar Energy Property.--
(1) Extension.--Section 48(a)(2)(A)(i)(II) of the Internal
Revenue Code of 1986 is amended by striking ``January 1, 2022''
and inserting ``January 1, 2034''.
(2) Modification of phaseout.--Subparagraph (A) of section
48(a)(6) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (i),
(B) by striking ``January 1, 2022, 22 percent.'' in
clause (ii) and inserting ``January 1, 2030, 22
percent'', and
(C) by adding at the end the following new clauses:
``(i) in the case of any facility the
construction of which begins after December 31,
2030, and before January 1, 2032, 18 percent,
and
``(ii) in the case of any facility the
construction of which begins after December 31,
2031, and before January 1, 2034, 14
percent.''.
(c) Extension of 30-Percent Investment Credit for Offshore Wind
Energy Facilities.--
(1) In general.--
(A) In general.--Clause (i) of section 48(a)(2)(A)
of the Internal Revenue Code of 1986 is amended by
striking ``and'' at the end of subclause (IV) and by
adding at the end the following new subclause:
``(V) qualified offshore wind
energy property, and''.
(B) Qualified offshore wind energy property
defined.--Subsection (c) of section 48 of such Code is
amended by adding at the end the following new
paragraph:
``(5) Qualified offshore wind energy property.--
``(A) In general.--The term `qualified offshore
wind energy property' means property which is part of a
qualified offshore wind facility.
``(B) Qualified offshore wind facility.--For
purposes of subparagraph (A), the term `qualified
offshore wind facility' means any facility which--
``(i) uses wind to generate electricity,
and
``(ii) is located in--
``(I) the inland navigable waters
of the United States, including the
Great Lakes, or
``(II) the coastal waters of the
United States, including the
territorial seas of the United States,
the exclusive economic zone of the
United States, and the outer
Continental Shelf of the United
States.''.
(C) Conforming amendment.--Subparagraph (A) of
section 48(a)(3) of such Code is amended by striking
``or'' at the end of clause (vi), by inserting ``or''
at the end of clause (vii), and by adding at the end
the following new clause:
``(viii) qualified offshore wind energy
property,''.
(D) Coordination with credit for other wind
facilities.--Section 48(a)(5)(C) of such Code is
amended by adding at the end the following new
sentence:
``Such term shall not include any facility which is a
qualified offshore wind facility (as defined in
subsection (c)(5)).''.
(d) Limitation on Credit for Onshore Wind Facilities.--Subparagraph
(A) of section 48(a)(5) of the Internal Revenue Code of 1986 is amended
to read as follows:
``(E) Limitation for onshore wind facilities.--In
the case of a qualified investment credit facility
described in section 45(d)(1), the credit otherwise
determined under the section with respect to qualified
property which is part of such facility shall not
exceed an amount equal to $200 for each kilowatt hour
of capacity of such facility.''.
(e) Credit for Qualified Electrical Transmission Property.--
(1) In general.--Section 48(a)(3)(A) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``(viii) qualified electrical transmission
property.''.
(2) Qualified electrical transmission property.--Section
48(c) of the Internal Revenue Code of 1986, as amended by
subsection (c), is amended by adding at the end the following
new paragraph:
``(6) Qualified electrical transmission property.--The term
`qualified electrical transmission property' means an
interstate electrical transmission system, including
technologies listed in section 1223 of the Energy Policy Act of
2005, which is capable of carrying or transmitting at least 69
kilovolts.''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable year beginning after the
date of the enactment of this Act.
(g) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2016, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).
SEC. 323. PERMANENT EXTENSION OF QUALIFYING ADVANCED ENERGY PROJECT
CREDIT.
(a) In General.--Section 48C(d)(1)(B) of the Internal Revenue Code
of 1986 is amended--
(1) by inserting ``in any calendar year'' after ``allocated
under the program'', and
(2) by striking ``$2,300,000,000'' and inserting
``$1,000,000,000''.
(b) Conforming Amendments.--
(1) Section 48C(d)(2)(A) of such Code is amended by
striking ``during the 2-year period beginning on the date the
Secretary establishes the program under paragraph (1)''.
(2) Section 48C(d)(4) of such Code is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) Review.--Not later than 4 years after the
close of any calendar year for which allocations were
made under this section, the Secretary shall review the
credits allocated under this section for such calendar
year.
``(B) Redistribution.--The Secretary may reallocate
credits awarded under this section for a calendar year
if the Secretary determines that any certification made
pursuant to paragraph (2) has been revoked pursuant to
paragraph (2)(B) because the project subject to the
certification has been delayed as a result of third-
party opposition or litigation to the proposed
project.''.
(3) Section 48C(d)(4)(C) of such Code is amended by
striking ``the Secretary is authorized to conduct an additional
program for applications for certification'' and inserting
``notwithstanding paragraph (2)(A), the Secretary is authorized
to accept additional applications for certification with
respect to such amounts.''.
SEC. 324. PROMOTING ACCESS TO RENEWABLE ENERGY AND ENERGY EFFICIENCY
FOR TAX-EXEMPT ORGANIZATIONS.
(a) In General.--Upon application, the Secretary of the Treasury
shall, subject to the requirements of this section, provide a grant to
each eligible entity who places in service specified energy property to
reimburse such person for a portion of the expense of such property as
provided in subsection (b). No grant shall be made under this section
with respect to any property unless such property is placed in service
after 2016.
(b) Grant Amount.--
(1) In general.--The amount of the grant under subsection
(a) with respect to any specified energy property shall be the
applicable percentage of the basis of such property.
(2) Applicable percentage.--For purposes of paragraph (1),
the term ``applicable percentage'' means--
(A) 30 percent in the case of any property
described in paragraphs (1) through (4) of subsection
(d), and
(B) 10 percent in the case of any other property.
(3) Limitations.--In the case of property described in
paragraph (1), (2), (3), (6), or (7) of subsection (d), the
amount of any grant under this section with respect to such
property shall not exceed the limitation described in section
48(a)(5)(E), 48(a)(6), 48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B)
of the Internal Revenue Code of 1986, respectively, with
respect to such property.
(c) Time for Payment of Grant.--The Secretary of the Treasury shall
make payment of any grant under subsection (a) during the 60-day period
beginning on the later of--
(1) the date of the application for such grant, or
(2) the date the specified energy property for which the
grant is being made is placed in service.
(d) Specified Energy Property.--For purposes of this section, the
term ``specified energy property'' means any of the following:
(1) Qualified facilities.--Any qualified property (as
defined in section 48(a)(5)(D) of the Internal Revenue Code of
1986) which is part of a qualified facility (within the meaning
of section 45 of such Code) described in paragraph (1), (4),
(6), (7), (9), or (11) of section 45(d) of such Code.
(2) Qualified fuel cell property.--Any qualified fuel cell
property (as defined in section 48(c)(1) of such Code).
(3) Solar property.--Any property described in clause (i)
or (ii) of section 48(a)(3)(A) of such Code.
(4) Qualified small wind energy property.--Any qualified
small wind energy property (as defined in section 48(c)(4) of
such Code).
(5) Geothermal property.--Any property described in clause
(iii) of section 48(a)(3)(A) of such Code.
(6) Qualified microturbine property.--Any qualified
microturbine property (as defined in section 48(c)(2) of such
Code).
(7) Combined heat and power system property.--Any combined
heat and power system property (as defined in section 48(c)(3)
of such Code).
(8) Geothermal heat pump property.--Any property described
in clause (vii) of section 48(a)(3)(A) of such Code.
Such term shall not include any property unless depreciation (or
amortization in lieu of depreciation) is allowable with respect to such
property.
(e) Application of Certain Rules.--In making grants under this
section, the Secretary of the Treasury shall apply rules similar to the
rules of section 50 of the Internal Revenue Code of 1986 (other than
subsection (b)(3) thereof). In applying such rules, if the property is
disposed of, or otherwise ceases to be specified energy property, the
Secretary of the Treasury shall provide for the recapture of the
appropriate percentage of the grant amount in such manner as the
Secretary of the Treasury determines appropriate.
(f) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means any organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
(g) Definitions.--Terms used in this section which are also used in
section 45 or 48 of the Internal Revenue Code of 1986 shall have the
same meaning for purposes of this section as when used in such section
45 or 48. Any reference in this section to the Secretary of the
Treasury shall be treated as including the Secretary's delegate.
(h) Appropriations.--There is hereby appropriated to the Secretary
of the Treasury such sums as may be necessary to carry out this
section.
PART II--SAVING CONSUMERS AND BUSINESSES MONEY BY PROMOTING ENERGY
EFFICIENCY
SEC. 326. PERMANENT EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
DEDUCTION.
(a) In General.--Section 179D of the Internal Revenue Code of 1986
is amended by striking subsection (h).
(b) Update of Standard.--
(1) In general.--Section 179D of the Internal Revenue Code
of 1986 is amended by striking ``Standard 90.1-2007'' each
place it appears and inserting ``the applicable ASHRAE
standard''.
(2) Applicable ashrae standard.--Section 179D(c)(2) of such
Code is amended to read as follows:
``(2) Applicable ashrae standard.--The term `applicable
ASHRAE standard' means--
``(A) Standard 90.1-2013 of the American Society of
Heating, Refrigerating, and Air Conditioning Engineers
and the Illuminating Engineering Society of North
America, or
``(B) in the case of any subsequent standard
adopted by the American Society of Heating,
Refrigerating, and Air Conditioning Engineers which
supersedes the standard described in subparagraph (A),
such subsequent standard.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2016.
SEC. 327. PERMANENT EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.
(a) In General.--Section 45L of the Internal Revenue Code of 1986
is amended by striking subsection (g).
(b) Update of Standard.--
(1) In general.--Section 45L of the Internal Revenue Code
of 1986 is amended by striking ``the standards of chapter 4 of
the 2006 International Energy Conservation Code, as such Code
(including supplements) is in effect on January 1, 2006'' each
place it appears and inserting ``the applicable standards''.
(2) Applicable standards.--Section 45L of such Code, as
amended by subsection (a), is amended by adding at the end the
following new subsection:
``(g) Applicable Standards.--For purposes of this section, the term
`applicable standards' means, with respect to any dwelling unit, the
standards in effect for residential building energy efficiency under
the International Energy Conservation Code on the first day of the
taxable year in which construction for the dwelling unit commenced.''.
(c) Effective Date.--The amendments made by this section shall
apply to homes acquired after December 31, 2016.
SEC. 328. PERMANENT EXTENSION AND REFUNDABILITY OF CREDIT FOR
NONBUSINESS ENERGY PROPERTY.
(a) Permanent Extension.--Section 25C of the Internal Revenue Code
of 1986 is amended by striking subsection (g).
(b) Update of Standards.--
(1) Qualified energy efficiency improvements.--
(A) In general.--Section 25C(c)(2)(C) of the
Internal Revenue Code of 1986 is amended by striking
``the prescriptive criteria for such component
established by the 2009 International Energy
Conservation Code, as such Code (including supplements)
is in effect on the date of the enactment of the
American Recovery and Reinvestment Tax Act of 2009''
and inserting ``the applicable IECC standards''.
(B) Applicable iecc standards.--Section 25C(c) of
such Code is amended by adding at the end the following
new paragraph:
``(5) Applicable iecc standards.--For purposes of this
section, the term `applicable IECC standards' means, with
respect to any building envelope component, the prescriptive
criteria for such component in effect under the International
Energy Conservation Code on the first day of the taxable year
for which the credit is allowed.''.
(2) Energy efficient property.--
(A) Heat pumps and air conditioners.--
(i) In general.--Section 25C(d)(3) of the
Internal Revenue Code of 1986 is amended by
striking ``the Consortium for Energy
Efficiency, as in effect on January 1, 2009''
each place it appears and inserting ``the
applicable CEE standards''.
(ii) Applicable cee standards.--Section
25C(d) of such Code is amended by adding at the
end the following new paragraph:
``(7) Applicable cee standards.--For purposes of this
section, the term `applicable CEE standards' means, with
respect to any property, the standards established by the
Consortium for Energy Efficiency that are in effect for such
property on the first day of the taxable year for which the
credit is allowed.''.
(B) Other energy efficient building property.--
Paragraph (3) of section 25C(d) of such Code is
amended--
(i) in subparagraph (A), by inserting ``and
meets Energy Star program certification
requirements as of the first day of the taxable
year in which the property placed in service''
after ``procedure'',
(ii) in subparagraph (C), by inserting
``and meets Energy Star program certification
requirements as of the first day of the taxable
year in which the property placed in service''
after ``90 percent'', and
(iii) in subparagraph (E)--
(I) by striking ``and which'' and
inserting ``which'', and
(II) by inserting ``, and which
meets Energy Star program certification
requirements as of the first day of the
taxable year in which the property
placed in service'' after ``75
percent''.
(C) Furnaces and hot water boilers.--Paragraph (4)
of section 25C(d) of such Code is amended by inserting
``and meets Energy Star program certification
requirements as of the first day of the taxable year in
which the property placed in service'' after ``95''.
(D) Advanced main air circulating fans.--Paragraph
(5) of section 25C(d) of such Code is amended--
(i) by striking ``and which'' and inserting
``, which'', and
(ii) by inserting ``, and which meets
Energy Star program certification requirements
as of the first day of the taxable year in
which the property placed in service'' after
``test procedures)''.
(c) Credit Made Refundable.--
(1) Credit moved to subpart relating to refundable
credits.--The Internal Revenue Code of 1986 is amended--
(A) by redesignating section 25C as section 36C,
and
(B) by moving section 36C (as amended by
subsections (a) and (b) and as redesignated by
subparagraph (A)) from subpart A of part IV of
subchapter A of chapter 1 to the location immediately
before section 37 in subpart C of part IV of subchapter
A of chapter 1.
(2) Conforming amendments.--
(A) Section 1016(a)(33) of such Code is amended--
(i) by striking ``section 25C(f)'' and
inserting ``section 36C(f)'', and
(ii) by striking ``under section 25C'' and
inserting ``under section 36C''.
(B) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 25C.
(C) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(D) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 36B the following new item:
``36C. Nonbusiness energy property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2016.
SEC. 329. PERMANENT EXTENSION, MODIFICATION, AND REFUNDABILITY OF
CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Permanent Extension.--Section 25D of the Internal Revenue Code
of 1986 is amended by striking subsection (h).
(b) Maintenance of Phaseout Percentage for Certain Solar
Property.--Paragraph (3) of section 25D(g) of the Internal Revenue Code
of 1986 is amended by striking ``and before January 1, 2022,''.
(c) Credit Allowed for Energy Storage Property.--
(1) In general.--Section 25D(a) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) 30 percent of the qualified energy storage property
expenditures made by the taxpayer during the taxable year.''.
(2) Qualified energy storage property expenditures.--
Section 25D(d) of such Code is amended by adding at the end the
following new paragraph:
``(6) Qualified energy storage property expenditure.--The
term `qualified energy storage property expenditure' means an
expenditure for property--
``(A) which is--
``(i) located in a dwelling unit located in
the United States and used by the taxpayer as a
residence,
``(ii) directly connected to the electrical
grid, and
``(iii) designed to receive electrical
energy, to store such energy, and--
``(I) to convert such energy to
electricity and deliver such
electricity for sale, or
``(II) to use such energy to
provide improved reliability or
economic benefits to the grid, or
``(B) which is--
``(i) part of a dwelling unit located in
the United States which is--
``(I) connected to the electrical
grid, and
``(II) used by the taxpayer as a
residence,
``(ii) connected to--
``(I) qualified solar electric
property, or
``(II) qualified small wind energy
property, and
``(iii) designed to receive electrical
energy, store such energy, and to convert such
energy to electricity for use by the
taxpayer.''.
(d) Credit Made Refundable.--
(1) Credit moved to subpart relating to refundable
credits.--The Internal Revenue Code of 1986 is amended--
(A) by redesignating section 25D as section 36D,
and
(B) by moving section 36D (as amended by
subsections (a) and (b) and as redesignated by
subparagraph (A)) from subpart A of part IV of
subchapter A of chapter 1 to the location immediately
before section 37 in subpart C of part IV of subchapter
A of chapter 1 (as amended by section 323).
(2) Conforming amendments.--
(A) Section 36C(e)(1) of the Internal Revenue Code
of 1986 (as redesignated by section 323) is amended by
striking ``25D(e)'' and inserting ``36D(e)''.
(B) Section 45(d)(1) of such Code is amended by
striking ``section 25D'' and inserting ``section 36D''.
(C) Section 1016(a)(34) of such Code is amended--
(i) by striking ``section 25D(f)'' and
inserting ``section 36D(f)'', and
(ii) by striking ``under section 25D'' and
inserting ``under section 36D''.
(D) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 25D.
(E) Paragraph (2) of section 1324(b) of title 31,
United States Code, as amended by this Act, is amended
by inserting ``36D,'' after ``36C,''.
(F) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986, as amended by this Act, is amended by
inserting after the item relating to section 36C the
following new item:
``36D. Residential energy efficient property.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2016.
TITLE IV--ELECTRIFYING THE ENERGY ECONOMY
Subtitle A--General Provisions
SEC. 401. NATIONAL ZERO-EMISSION VEHICLE STANDARD.
(a) National Zero-Emission Vehicle Standard.--Part A of title II of
the Clean Air Act (42 U.S.C. 7521 et seq.) is amended by adding at the
end the following:
``SEC. 220. NATIONAL ZERO-EMISSION VEHICLE STANDARD.
``(a) Definitions.--In this section:
``(1) Base quantity of new motor vehicle sales.--The term
`base quantity of new motor vehicle sales' means the total
quantity of new motor vehicles sold by a vehicle manufacturer
during the most recent calendar year.
``(2) Hybrid electric vehicle.--The term `hybrid electric
vehicle' means a new qualified hybrid motor vehicle (as defined
in section 30B(d)(3) of the Internal Revenue Code of 1986).
``(3) Retire.--The term `retire', with respect to a zero-
emission vehicle credit, means to disqualify the zero-emission
vehicle credit for any subsequent use under this section,
including sale, transfer, exchange, or submission in
satisfaction of a compliance obligation.
``(4) Vehicle manufacturer.--
``(A) In general.--The term `vehicle manufacturer'
means an entity that--
``(i) engaged in the manufacturing of new
motor vehicles; and
``(ii) sold not fewer than 100 new motor
vehicles to ultimate purchasers, either
directly or through an affiliate, such as a
dealer.
``(B) Exclusions.--The term `vehicle manufacturer'
does not include--
``(i) a motor vehicle parts supplier; or
``(ii) a dealer.
``(5) Zero-emission vehicle.--The term `zero-emission
vehicle' means a motor vehicle that produces zero exhaust
emissions of any criteria pollutant, precursor pollutant, or
greenhouse gas in any mode of operation or condition, as
determined by the Administrator.
``(b) Compliance.--For calendar year 2030 and each calendar year
thereafter, each vehicle manufacturer shall meet the requirements of
subsections (c) and (d) by submitting to the Administrator, not later
than April 1 of the following calendar year, as applicable--
``(1) for a vehicle manufacturer that fails to meet the
minimum required percentage of new zero-emission vehicle sales
for the applicable calendar year, as determined under
subsection (c), a quantity of zero-emission vehicle credits
sufficient to offset that excess, as determined by the
Administrator; or
``(2) for a vehicle manufacturer that meets or exceeds the
minimum required percentage of new zero-emission vehicle sales
for the applicable calendar year, as determined under
subsection (c), a certification of that compliance, as the
Administrator determines to be appropriate.
``(c) Minimum Required Annual Percentage of New Zero-Emission
Vehicle Sales.--For calendar years 2030 through 2040, in annual
increments, the minimum annual percentage of the base quantity of new
motor vehicle sales of a vehicle manufacturer that shall be zero-
emission vehicles, or otherwise credited towards the percentage
requirement pursuant to subsection (e), shall be the applicable
percentage specified in the following table:
``Minimum Required Annual Percentage of New Zero-Emission Vehicle Sales
------------------------------------------------------------------------
Calendar Year Percentage
------------------------------------------------------------------------
2030....................................................... 50.0
2031....................................................... 55.0
2032....................................................... 60.0
2033....................................................... 65.0
2034....................................................... 70.0
2035....................................................... 75.0
2036....................................................... 80.0
2037....................................................... 85.0
2038....................................................... 90.0
2039....................................................... 95.0
2040....................................................... 100.0.
------------------------------------------------------------------------
``(d) Requirement for 2040 and Thereafter.--For calendar year 2040
and each calendar year thereafter, a vehicle manufacturer shall sell
only zero-emission vehicles.
``(e) Zero-Emission Vehicle Credits.--
``(1) In general.--A vehicle manufacturer may satisfy the
requirements of subsection (b) through the submission of zero-
emission vehicle credits--
``(A) issued to the vehicle manufacturer under
subsection (f); or
``(B) obtained by purchase, transfer, or exchange
under subsection (g).
``(2) Limitation.--A zero-emission vehicle credit may be
counted toward compliance with subsection (b) only once.
``(f) Issuance of Zero-Emission Vehicle Credits.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall establish by
rule a program--
``(A) to verify and issue zero-emission vehicle
credits to vehicle manufacturers;
``(B) to track the sale, transfer, exchange, carry
over, and retirement of zero-emission vehicle credits;
and
``(C) to enforce the requirements of this section.
``(2) Application.--
``(A) In general.--A vehicle manufacturer that
sold, either directly or through an affiliate, such as
a dealer, a new zero-emission vehicle or a hybrid
electric vehicle in the United States may apply to the
Administrator for the issuance of a zero-emission
vehicle credit.
``(B) Eligibility.--To be eligible for the issuance
of a zero-emission vehicle credit, a vehicle
manufacturer shall demonstrate to the Administrator
that the vehicle manufacturer sold 1 or more zero-
emission vehicles or hybrid electric vehicles in the
previous calendar year.
``(C) Contents.--The application shall indicate--
``(i) the type of zero-emission vehicle or
hybrid electric vehicle that was sold;
``(ii) the State in which the zero-emission
vehicle or hybrid electric vehicle was sold;
and
``(iii) any other information determined to
be appropriate by the Administrator.
``(D) Aggregation.--An application for a zero-
emission vehicle credit under subparagraph (A) may
aggregate information on all zero-emission vehicles and
hybrid electric vehicles sold by the vehicle
manufacturer in the applicable calendar year.
``(3) Quantity of zero-emission vehicle credits.--
``(A) Zero-emission vehicles.--The Administrator
shall issue to a vehicle manufacturer the application
under paragraph (2) of which is approved 1 zero-
emission vehicle credit for each zero-emission vehicle
sold in the United States.
``(B) Hybrid electric vehicles.--For a hybrid
electric vehicle sold by a vehicle manufacturer the
application under paragraph (2) of which is approved,
the Administrator shall issue a partial zero-emission
vehicle credit based on the estimated proportion of the
mileage driven on the battery of the hybrid electric
vehicle, as determined by the Administrator.
``(C) Fuel-efficient vehicles.--The Administrator
may issue a partial zero-emission vehicle credit for a
motor vehicle that consumes less gasoline, as compared
to comparable motor vehicles (as identified by the
Administrator), based on the estimated proportion of
fuel savings, determined by the Administrator.
``(D) Credit banking.--A zero-emission vehicle
credit issued for any calendar year that is not
submitted to comply with the minimum annual percentage
of new zero-emission vehicles requirement of subsection
(c) during that calendar year may be carried forward
for use pursuant to subsection (b)(1) within the next 5
years, but not later than 2040.
``(g) Zero-Emission Vehicle Credit Trading.--
``(1) In general.--A zero-emission vehicle credit for any
calendar year before 2040 that is not submitted to the
Administrator to comply with the minimum annual percentage of
new zero-emission vehicles requirement of subsection (c) for
that calendar year may be sold, transferred, or exchanged by
the vehicle manufacturer to which the credit is issued or by
any other entity that acquires the zero-emission vehicle
credit.
``(2) Delegation.--The Administrator may delegate to an
appropriate market-making entity the administration of a
national tradeable zero-emission vehicle credit market for
purposes of creating a transparent national market for the sale
or trade of zero-emission vehicle credits.
``(h) Zero-Emission Vehicle Credit Retirement.--
``(1) In general.--Any entity that obtains legal rights to
a zero-emission vehicle credit may retire the zero-emission
vehicle credit in any calendar year.
``(2) Use of retired zero-emission vehicle credit.--A zero-
emission vehicle credit retired under paragraph (1) may not be
used for compliance with subsection (b) in--
``(A) the calendar year in which the zero-emission
vehicle credit is retired; or
``(B) any subsequent calendar year.
``(i) Information Collection.--The Administrator may collect the
information necessary to verify and audit--
``(1) the annual sales of motor vehicles of any vehicle
manufacturer;
``(2) a zero-emission vehicle credit submitted by a vehicle
manufacturer pursuant to subsection (b)(1);
``(3) the validity of a zero-emission vehicle credit
submitted for compliance by a vehicle manufacturer to the
Administrator; and
``(4) the quantity of motor vehicle sales in the United
States of all vehicle manufacturers.
``(j) State Programs.--
``(1) In general.--Nothing in this section diminishes any
authority of a State or political subdivision of a State to
adopt or enforce any law (including regulations) relating to
motor vehicles.
``(2) Compliance with section.--No law or regulation of a
State or political subdivision of a State shall relieve any
vehicle manufacturer from compliance with any requirement
otherwise applicable under this section.
``(k) Regulations.--Not later than 1 year after the date of
enactment of this section, the Administrator shall promulgate
regulations to implement this section.
``(l) Enforcement.--
``(1) Civil penalty.--
``(A) In general.--A vehicle manufacturer that
fails to comply with subsection (b) shall be liable for
a civil penalty, assessed by the Administrator, in an
amount that is equal to twice the average value of the
aggregate quantity of zero-emission vehicle credits
that the vehicle manufacturer failed to submit in
violation of that subsection, as determined by the
Administrator.
``(B) Enforcement.--The Administrator shall assess
any civil penalty under subparagraph (A).
``(C) Deposit.--With respect to any civil penalty
paid to the Administrator pursuant to subparagraph (A),
the Administrator shall deposit the amount in the
Climate Fund established by section 702(a) of the 100
by '50 Act.
``(2) Injunction.--After calendar year 2040, the
Administrator may issue an injunction on the manufacture of any
motor vehicles other than zero-emission vehicles by a vehicle
manufacturer.''.
(b) Table of Contents Amendment.--The table of contents of the
Clean Air Act (42 U.S.C. prec. 7401) is amended by adding at the end of
the items relating to part A of title II the following:
``Sec. 220. Zero-emission vehicle standard.''.
SEC. 402. CARBON FEE FOR AVIATION, MARITIME TRANSPORTATION, AND RAIL.
(a) Definitions.--In this section:
(1) Carbon fee.--The term ``carbon fee'' means the carbon
fee imposed under subsection (b).
(2) Carbon polluting substance.--The term ``carbon
polluting substance'' means coal (including lignite and peat),
petroleum and any petroleum product, or natural gas that, when
combusted or otherwise used, will release greenhouse gas
emissions.
(3) Commercial aviation.--The term ``commercial aviation''
means any aircraft operation involving the transportation of
passengers, cargo, or mail for hire.
(4) Maritime transportation.--The term ``maritime
transportation'' means the shipment of goods, cargo, and people
by sea and other waterways.
(b) Carbon Fee.--The Secretary of the Treasury, in consultation
with the Council, shall impose a carbon fee, in accordance with this
section, on any owner or operator of an entity within the eligible
sectors listed in subsection (d) to transition those sectors away from
fossil fuel usage.
(c) Amount.--
(1) In general.--The amount of the carbon fee shall be
assessed per ton of carbon dioxide equivalent (including carbon
dioxide equivalent content of methane) of the carbon polluting
substance used as fuel, as determined by the Council.
(2) Fractional part of ton.--In the case of a fraction of a
ton of a carbon polluting substance, the carbon fee shall be
the same fraction of the amount of the fee imposed on a whole
ton of the carbon polluting substance.
(3) Applicable amount.--For purposes of this subsection,
the amount of the carbon fee shall be not less than the social
cost of carbon, as determined by the Administrator.
(d) Eligible Sectors.--An owner or operator of an entity shall be
subject to a carbon fee if the entity is a part of--
(1) commercial aviation;
(2) maritime transportation; or
(3) rail.
(e) Use of Collected Carbon Fee.--Funds collected under this
section shall be used, as determined by the Council, to establish or
fund programs, including those established under section 406, to assist
eligible sectors described in subsection (d) with transitioning away
from fossil fuel usage.
SEC. 403. ACCELERATING THE DEPLOYMENT OF ZERO-EMISSION VEHICLES IN
COMMUNITIES.
(a) Definitions.--In this section:
(1) Charging infrastructure.--The term ``charging
infrastructure'' means any property (not including a building)
used for the recharging of a zero-emission vehicle, including
electrical panel upgrades, wiring, conduits, trenching,
pedestals, and related equipment.
(2) Deployment community.--The term ``deployment
community'' means a community selected by the Secretary to be
part of the Program.
(3) Federal-aid system of highways.--The term ``Federal-aid
system of highways'' means the National Highway System
described in section 103 of title 23, United States Code.
(4) Program.--The term ``Program'' means the zero-emission
vehicle deployment community program established under
subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish a zero-
emission vehicle deployment communities program.
(2) Existing activities.--In carrying out the Program, the
Secretary shall coordinate and supplement, not supplant, any
ongoing zero-emission vehicle deployment activities under
section 131 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17011).
(3) Deployment.--
(A) In general.--The Secretary shall establish a
competitive process to select deployment communities
for the Program.
(B) Eligible entities.--In selecting participants
for the Program, the Secretary shall only consider
applications submitted by State, tribal, or local
government entities (or groups of State, tribal, or
local government entities).
(C) Selection.--Not later than 1 year after the
date of enactment of this Act and not later than 1 year
after the date on which any subsequent amounts are
appropriated for the Program, the Secretary shall
select the deployment communities under this paragraph.
(c) Goals.--The goals of the Program are--
(1) to facilitate the rapid deployment of zero-emission
vehicles in various regions and regulatory environments,
including--
(A) the deployment of 1,000,000 zero-emission
vehicles in the deployment communities selected under
subsection (d)(2);
(B) the near-term achievement of significant market
penetration in deployment communities; and
(C) supporting the achievement of significant
market penetration nationally;
(2) to establish regionally appropriate, interoperable
models for the rapid deployment of zero-emission vehicles
nationally, including regionally appropriate approaches for the
cost-effective deployment of a sufficient quantity of single-
family and multifamily residential, workplace, and publicly
available charging infrastructure or zero-emission vehicle-
refueling infrastructure;
(3) to increase consumer knowledge and acceptance of, and
exposure to, zero-emission vehicles;
(4) to encourage the innovation and investment necessary to
achieve mass market deployment of zero-emission vehicles;
(5) to demonstrate the integration of zero-emission
vehicles into electricity distribution systems and the larger
electric grid while maintaining or improving grid system
performance, security, and reliability;
(6) to demonstrate protocols and communication standards
that facilitate vehicle integration into the grid and provide
seamless charging for consumers traveling through multiple
utility distribution systems;
(7) to investigate differences among deployment communities
and to develop best practices for implementing vehicle
electrification in various communities, including best
practices for planning for and facilitating the construction of
residential, workplace, and publicly available infrastructure
to support zero-emission vehicles;
(8) to collect comprehensive data on the purchase and use
of zero-emission vehicles, including charging or refueling
profile data at unit and aggregate levels, to inform best
practices for rapidly deploying zero-emission vehicles in other
locations, including for the installation of charging
infrastructure or zero-emission vehicle-refueling
infrastructure;
(9) to reduce and displace petroleum use and reduce
greenhouse gas emissions by accelerating the deployment of
zero-emission vehicles in the United States; and
(10) to increase domestic manufacturing capacity and
commercialization in a manner that will establish the United
States as a world leader in zero-emission vehicle technologies.
(d) Deployment Community Selection Criteria.--
(1) In general.--The Secretary shall ensure, to the maximum
extent practicable, that selected deployment communities serve
as models of deployment for various communities across the
United States.
(2) Selection.--In selecting communities under this
section, the Secretary--
(A) shall ensure, to the maximum extent
practicable, that--
(i) the combination of selected communities
is diverse in population, population density,
demographics, urban and suburban composition,
typical commuting patterns, climate, and type
of utility (including investor-owned, publicly
owned, cooperatively owned, distribution-only,
and vertically integrated utilities);
(ii) the combination of selected
communities is diverse in geographical
distribution, and at least 1 deployment
community is located in each Petroleum
Administration for Defense District;
(iii) at least 1 deployment community
selected has a population of less than 500,000;
(iv) grants are of a sufficient amount such
that each deployment community will achieve
significant market penetration, particularly
into the mainstream consumer market; and
(v) the deployment communities are
representative of other communities across the
United States;
(B) is encouraged to select a combination of
deployment communities that includes multiple models or
approaches for deploying zero-emission vehicles that
the Secretary believes are reasonably likely to be
effective, including multiple approaches to the
deployment of charging infrastructure or zero-emission
vehicle-refueling infrastructure;
(C) shall prioritize deployment communities that
demonstrate affordable modes of access to zero-emission
vehicles for low-income communities and disadvantaged
communities;
(D) in addition to the criteria described in
subparagraph (A), may give preference to applicants
proposing a greater non-Federal cost share; and
(E) when considering deployment community plans,
shall take into account previous Department of Energy
and other Federal investments to ensure that the
maximum domestic benefit from Federal investments is
realized.
(3) Criteria.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, and not later than 90
days after the date on which any subsequent amounts are
appropriated for the Program, the Secretary shall
publish criteria for the selection of deployment
communities that include requirements that applications
be submitted by a State, tribal, or local government
entity (or groups of State, tribal, or local government
entities).
(B) Application requirements.--The criteria
published by the Secretary under subparagraph (A) shall
include application requirements that, at a minimum,
include--
(i) achievable goals and methodologies
for--
(I) the number of zero-emission
vehicles to be deployed in the
community;
(II) the expected percentage of
light-duty vehicle sales that would be
sales of zero-emission vehicles;
(III) the adoption of zero-emission
vehicles (including medium- or heavy-
duty vehicles) in private and public
fleets during the 3-year duration of
the Program; and
(IV) a method to generate revenue
to maintain the infrastructure
investments made by the Program after
the termination of the Program;
(ii) data that demonstrate that--
(I) the public is likely to embrace
zero-emission vehicles, which may
include--
(aa) the quantity of zero-
emission vehicles purchased;
(bb) the number of
individuals on a waiting list
to purchase a zero-emission
vehicle;
(cc) projections of the
quantity of zero-emission
vehicles supplied to dealers;
and
(dd) any assessment of the
quantity of charging
infrastructure or zero-emission
vehicle-refueling
infrastructure installed or for
which permits have been issued;
and
(II) automobile manufacturers and
dealers will be able to provide and
service the targeted number of zero-
emission vehicles in the community for
the duration of the program;
(iii) clearly defined geographical
boundaries of the proposed deployment area;
(iv) a community deployment plan for the
deployment of zero-emission vehicles, charging
infrastructure or zero-emission vehicle-
refueling infrastructure, and services in the
community;
(v) assurances that a majority of the
vehicle deployments anticipated in the plan
will be personal vehicles authorized to travel
on the Federal-aid system of highways, and
secondarily, private or public sector zero-
emission fleet vehicles, but may also include--
(I) private or public sector zero-
emission fleet vehicles;
(II) medium- and heavy-duty zero-
emission vehicles; and
(III) any other zero-emission
vehicle authorized to travel on the
Federal-aid system of highways; and
(vi) any other merit-based criteria, as
determined by the Secretary.
(4) Community deployment plans.--Plans for the deployment
of zero-emission vehicles shall include--
(A) a proposed level of cost sharing in accordance
with subsection (e)(2)(C);
(B) documentation demonstrating a deployment
community project involving relevant stakeholders,
including--
(i) a list of stakeholders that includes--
(I) elected and appointed officials
from each of the participating State,
local, and tribal governments;
(II) all relevant generators and
distributors of electricity;
(III) State utility regulatory
authorities;
(IV) departments of public works
and transportation;
(V) owners and operators of
property that will be essential to the
deployment of a sufficient level of
publicly available charging
infrastructure or zero-emission
vehicle-refueling infrastructure
(including privately owned parking lots
or structures and commercial entities
with public access locations);
(VI) zero-emission vehicle
manufacturers or retailers;
(VII) third-party providers of
residential, workplace, private, and
publicly available charging
infrastructure or zero-emission
vehicle-refueling infrastructure or
services;
(VIII) owners of any major fleet
that will participate in the applicable
deployment community project;
(IX) as appropriate, owners and
operators of regional electric power
distribution and transmission
facilities; and
(X) as appropriate, other existing
deployment community coalitions
recognized by the Department of Energy;
(ii) evidence of the commitment of the
stakeholders to participate in the project;
(iii) a clear description of the role and
responsibilities of each stakeholder; and
(iv) a plan for continuing the engagement
and participation of the stakeholders, as
appropriate, throughout the implementation of
the deployment plan;
(C) a description of the number of zero-emission
vehicles anticipated to be zero-emission personal
vehicles and the number of zero-emission vehicles
anticipated to be privately owned fleet or public fleet
vehicles;
(D) a plan for deploying residential, workplace,
private, and publicly available charging infrastructure
or zero-emission vehicle-refueling infrastructure,
including--
(i) an assessment of the number of
consumers who will have access to private
residential charging infrastructure or zero-
emission vehicle-refueling infrastructure in
single-family or multifamily residences;
(ii) options for accommodating zero-
emission vehicle owners who are not able to
charge vehicles at their place of residence;
(iii) an assessment of the number of
consumers who will have access to workplace
charging infrastructure or zero-emission
vehicle-refueling infrastructure;
(iv) a plan for ensuring that the charging
infrastructure or zero-emission vehicle be able
to send and receive the information needed to
interact with the grid and be compatible with
smart grid technologies to the extent feasible;
(v) an estimate of the number and
distribution of publicly and privately owned
charging or refueling stations that will be
publicly or commercially available;
(vi) an estimate of the quantity of
charging infrastructure or zero-emission
vehicle-refueling infrastructure that will be
privately funded or located on private
property; and
(vii) a description of equipment to be
deployed, including assurances that, to the
maximum extent practicable, equipment to be
deployed will meet open, nonproprietary
standards for connecting to zero-emission
vehicles that--
(I) are commonly accepted by
industry at the time the equipment is
being acquired; or
(II) meet the standards developed
by the Director of the National
Institute of Standards and Technology
under section 1305 of the Energy
Independence and Security Act of 2007
(42 U.S.C. 17385);
(E) 1 or more plans for effective marketing of and
consumer education relating to zero-emission vehicles,
charging or refueling services, and charging
infrastructure;
(F) descriptions of updated building codes (or a
plan to update building codes before or during the
grant period) to include charging infrastructure or
dedicated circuits for charging infrastructure, as
appropriate, in new construction and major renovations;
(G) descriptions of updated construction permitting
or inspection processes (or a plan to update
construction permitting or inspection processes) to
allow for expedited installation of charging
infrastructure or zero-emission vehicle-refueling
infrastructure for purchasers of zero-emission
vehicles, including a permitting process that allows a
vehicle purchaser to have charging infrastructure or
zero-emission vehicle-refueling infrastructure
installed in a timely manner;
(H) descriptions of updated zoning, parking rules,
or other local ordinances as are necessary to
facilitate the installation of publicly available
charging infrastructure or zero-emission vehicle-
refueling infrastructure and to allow for access to
publicly available charging infrastructure or zero-
emission vehicle-refueling infrastructure, as
appropriate;
(I) descriptions of incentives for residents in a
deployment community who purchase and register a new
zero-emission vehicle, in addition to any Federal
incentives, including--
(i) a rebate of part of the purchase price
of the zero-emission vehicle;
(ii) reductions in sales taxes or
registration fees;
(iii) rebates or reductions in the costs of
permitting, purchasing, or installing home
zero-emission vehicle charging infrastructure
or zero-emission vehicle-refueling
infrastructure; and
(iv) rebates or reductions in State or
local toll road access charges;
(J) additional consumer benefits, such as preferred
parking spaces or single-rider access to high-occupancy
vehicle lanes for zero-emission vehicles;
(K) a proposed plan for making necessary utility
and grid upgrades, including economically sound and
cybersecure information technology upgrades and
employee training, and a plan for recovering the cost
of the upgrades;
(L) a description of utility, grid operator, or (if
appropriate) competitive charging service providers,
policies, and plans for accommodating the deployment of
zero-emission vehicles, including--
(i) rate structures or competitive charging
or refueling service provisions and billing
protocols for the charging or refueling of
zero-emission vehicles;
(ii) analysis of potential impacts to the
grid;
(iii) plans for using information
technology or third-party aggregators--
(I) to minimize the effects of
charging on peak loads;
(II) to enhance reliability; and
(III) to provide other grid
benefits; and
(iv) plans for working with smart grid
technologies or third-party aggregators for the
purposes of smart charging and for allowing 2-
way communication;
(M) a plan for a sustainable business model that
will ensure cost effective maintenance, operation, and
expansion of the charging infrastructure or zero-
emission vehicle-refueling infrastructure and charging
or refueling services;
(N) a deployment timeline;
(O) a plan for monitoring and evaluating the
implementation of the plan, including metrics for
assessing the success of the deployment and an approach
to updating the plan, as appropriate; and
(P) a description of the manner in which any grant
funds applied for under subsection (e) will be used and
the proposed local cost share for the funds.
(e) Applications and Grants.--
(1) Applications.--
(A) In general.--Not later than 150 days after the
date of publication by the Secretary of selection
criteria described in subsection (d)(3), any State,
tribal, or local government, or group of State, tribal,
or local governments may apply to the Secretary to
become a deployment community.
(B) Joint sponsorship.--
(i) In general.--An application submitted
under subparagraph (A) may be jointly sponsored
by electric utilities, automobile
manufacturers, technology providers, carsharing
companies or organizations, third-party zero-
emission vehicle service providers, or other
appropriate entities.
(ii) Disbursement of grants.--A grant
provided under this subsection shall only be
disbursed to a State, tribal, or local
government, or group of State, tribal, or local
governments, regardless of whether the
application is jointly sponsored under clause
(i).
(2) Grants.--
(A) In general.--In each application, the applicant
may request up to $250,000,000 in financial assistance
from the Secretary to fund projects in the deployment
community.
(B) Use of funds.--Funds provided through a grant
under this paragraph may be used to help implement the
plan for the deployment of zero-emission vehicles
included in the application, including--
(i) reducing the cost and increasing the
consumer adoption of zero-emission vehicles
through incentives as described in subsection
(d)(4)(I);
(ii) planning for and installing charging
infrastructure or zero-emission vehicle-
refueling infrastructure, including offering
additional incentives as described in
subsection (d)(4)(I);
(iii) updating building codes, zoning or
parking rules, or permitting or inspection
processes as described in subparagraphs (F),
(G), and (H) of subsection (d)(4);
(iv) workforce training, including training
of permitting officials;
(v) public education and marketing
described in the proposed marketing plan;
(vi) supplementing (and not supplanting)
the number of zero-emission vehicles that are
purchased by State, local, and tribal
governments; and
(vii) necessary utility and grid upgrades
as described in subsection (d)(4)(K).
(C) Cost sharing.--
(i) In general.--A grant provided under
this paragraph shall be subject to a minimum
non-Federal cost-sharing requirement of 20
percent.
(ii) Non-federal sources.--The Secretary
shall--
(I) determine the appropriate cost
share for each selected applicant; and
(II) require that not less than 20
percent of the cost of an activity
funded by a grant under this paragraph
be provided by a non-Federal source.
(iii) Reduction.--The Secretary may reduce
or eliminate the cost-sharing requirement
described in clause (i), as the Secretary
determines to be necessary.
(iv) Calculation of amount.--In calculating
the amount of the non-Federal share under this
section, the Secretary--
(I) may include allowable costs in
accordance with the applicable cost
principles, including--
(aa) cash;
(bb) personnel costs;
(cc) the value of a
service, other resource, or
third party in-kind
contribution determined in
accordance with the applicable
circular of the Office of
Management and Budget;
(dd) indirect costs or
facilities and administrative
costs; or
(ee) any funds received
under the power program of the
Tennessee Valley Authority or
any Power Marketing
Administration (except to the
extent that such funds are made
available under an annual
appropriations Act);
(II) shall include contributions
made by State, tribal, or local
government entities and private
entities; and
(III) shall not include--
(aa) revenues or royalties
from the prospective operation
of an activity beyond the time
considered in the grant;
(bb) proceeds from the
prospective sale of an asset of
an activity; or
(cc) other appropriated
Federal funds.
(v) Repayment of federal share.--The
Secretary shall not require repayment of the
Federal share of a cost-shared activity under
this section as a condition of providing a
grant.
(vi) Title to property.--The Secretary may
vest title or other property interests acquired
under projects funded under this Act in any
entity, including the United States.
(D) Other federal assistance.--The Secretary shall
consider the receipt of other Federal funds received by
the applicant in determining the cost share of the
applicant.
(3) Selection.--Not later than 120 days after an
application deadline has been established under paragraph (1),
the Secretary shall announce the names of the deployment
communities selected under this subsection.
(f) Reporting Requirements.--
(1) In general.--The Secretary shall--
(A) determine what data will be required to be
collected by participants in deployment communities and
submitted to the Department of Energy to allow for
analysis of the deployment communities;
(B) provide for the protection of consumer privacy,
as appropriate; and
(C) develop metrics to evaluate the performance of
the deployment communities.
(2) Provision of data.--As a condition of participation in
the Program, a deployment community shall provide any data
identified by the Secretary under paragraph (1).
(3) Reports.--
(A) Interim report.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
submit to Congress an interim report that contains--
(i) a description of the status of--
(I) the deployment communities and
the implementation of the deployment
plan of each deployment community;
(II) the rate of vehicle
manufacturing deployment and market
penetration of zero-emission vehicles;
and
(III) the deployment of residential
and publicly available infrastructure;
(ii) a description of the challenges
experienced and lessons learned from the
Program to date, including the activities
described in clause (i); and
(iii) an analysis of the data collected
under this subsection.
(B) Final report.--On completion of the Program,
the Secretary shall submit to Congress a final report
that contains--
(i) updates on the information described in
subparagraph (A);
(ii) a description of the successes and
failures of the Program;
(iii) recommendations on whether to promote
further deployment of zero-emission vehicles;
and
(iv) if additional deployment communities
are recommended, information on--
(I) the number of additional
deployment communities that should be
selected;
(II) the manner in which criteria
for selection should be updated;
(III) the manner in which incentive
structures for deployment should be
changed; and
(IV) whether other forms of onboard
energy storage for zero-emission
vehicles should be included.
(g) Proprietary Information.--The Secretary shall, as appropriate,
provide for the protection of proprietary information and intellectual
property rights in carrying out the Program.
(h) Funding.--The Secretary shall use to carry out this section not
more than $12,500,000,000 for each fiscal year from the Climate Fund.
SEC. 404. ACCELERATING THE DEPLOYMENT OF ZERO-EMISSION VEHICLE FLEETS.
(a) Establishment.--The Secretary shall establish a zero-emission
vehicle private fleet upgrade program (referred to in this section as
the ``Program'').
(b) Competitive Grants.--
(1) In general.--The Secretary shall establish a
competitive process to select zero-emission vehicle fleets for
the Program to receive grants.
(2) Eligible entities.--In selecting participants for the
Program under paragraph (1), the Secretary shall only consider
applications (including joint applications) submitted by
companies that--
(A) are private, nongovernmental entities;
(B) are headquartered in the United States; and
(C) plan to purchase, or enter into contracts for
hire, not fewer than 100 zero-emission vehicles.
(3) Selection criteria.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall publish a
set of selection criteria for the grant competition that
includes--
(A) offering the highest cost-share relative to the
value of the Federal grant offered under the Program;
(B) to the maximum extent practicable, serving as a
model of deployment for other private companies across
the United States; and
(C) meeting other criteria considered appropriate
by the Secretary.
(4) Applications and grants.--
(A) In general.--Not later than 120 days after the
date of publication by the Secretary of the selection
criteria described in paragraph (3), any company that
meets the eligibility criteria described in paragraph
(2) may apply to the Secretary to receive a grant.
(B) Grants.--
(i) In general.--In each application, the
applicant may apply for a grant of not more
than $20,000,000.
(ii) Use of funds.--Funds provided through
a grant under this subsection may be used--
(I) to purchase zero-emission
vehicles;
(II) to plan for and install zero-
emission vehicle charging or refueling
infrastructure; and
(III) to carry out other activities
considered appropriate by the
Secretary.
(iii) Cost sharing.--
(I) In general.--A grant provided
under this subsection shall be subject
to a minimum non-Federal cost-sharing
requirement of 80 percent.
(II) Non-federal sources.--The
Secretary shall determine the
appropriate cost share for each
selected applicant.
(III) Reduction.--The Secretary may
reduce or eliminate the cost-sharing
requirement described in subclause (I),
as the Secretary determines to be
necessary.
(IV) Repayment of federal share.--
The Secretary shall not require
repayment of the Federal share of a
cost-shared activity under this section
as a condition of providing a grant.
(V) Title to property.--The receipt
of Federal funds under this section
shall not prohibit the purchaser of a
vehicle, equipment, or other property
from retaining sole, permanent title to
the vehicle, equipment, or property at
the conclusion of the Program.
(iv) Other federal assistance.--The
Secretary shall consider the receipt of other
Federal funds by the applicant in determining
the cost share of the applicant.
(C) Selection.--Not later than 120 days after the
application deadline established under subparagraph
(A), the Secretary shall announce the names of the
applicants selected to receive grants under this
section.
(5) Reporting requirements.--
(A) In general.--The Secretary shall--
(i) determine what data will be required to
be collected by participants in the Program and
submitted to the Secretary to permit analysis
of the Program; and
(ii) develop metrics to determine the
success of the deployment communities.
(B) Provision of data.--As a condition of
participation in the Program, an applicant shall
provide any data determined by the Secretary under
subparagraph (A).
(C) Proprietary information.--In carrying out this
paragraph, the Secretary shall, as appropriate, provide
for the protection of proprietary information and
intellectual property rights.
(c) Funding.--The Secretary shall use to carry out this section not
more than $12,500,000,000 for each fiscal year from the Climate Fund.
SEC. 405. DECARBONIZING AMERICA'S HIGHWAYS.
(a) Definitions.--In this section:
(1) Alternative fuel route.--The term ``alternative fuel
route'' means a highway corridor that has been designated under
section 151(a) of title 23, United States Code.
(2) Decarbonization.--The term ``decarbonization'' means
reducing and eliminating the use of fossil fuels such as coal,
oil, or natural gas.
(3) National highway system.--The term ``National Highway
System'' has the meaning given the term in section 101 of title
23, United States Code.
(4) Program.--The term ``Program'' means the national
highway decarbonization program established under subsection
(b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--The Secretary shall establish a national
highway decarbonization program.
(c) Goals.--The goals of the Program are--
(1) to accelerate the deployment of alternative fuel and
charging infrastructure along the National Highway System;
(2) to reduce and displace fossil fuel use and greenhouse
gas emissions due to vehicles traveling on the National Highway
System; and
(3) to encourage the innovation and investment necessary
for zero-emissions vehicles to travel long distances.
(d) Competitive Grants.--
(1) In general.--The Secretary shall establish a
competitive process to select projects that lead to the
decarbonization of the National Highway System and alternative
fuel routes through research, development, and deployment of
the infrastructure and technologies necessary to support long-
distance travel of zero-emissions vehicles.
(2) Eligible entities.--In selecting participants for the
Program under paragraph (1), the Secretary shall only consider
applications (including joint applications) submitted by
entities that--
(A) are private nongovernmental entities; and
(B) are headquartered in the United States.
(3) Selection criteria.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall publish a
set of selection criteria for the grant competition that
includes--
(A) offering the highest cost-share relative to the
value of the Federal grant offered under the Program;
(B) to the maximum extent practicable, serving as a
model of deployment for other private entities across
the United States; and
(C) such other criteria as the Secretary determines
to be appropriate.
(4) Applications and grants.--
(A) In general.--Not later than 120 days after the
date of publication by the Secretary of the selection
criteria described in paragraph (3), any eligible
entity under paragraph (2) may apply to the Secretary
to receive a grant.
(B) Grants.--
(i) In general.--In each application, the
applicant may apply for a grant of not more
than $50,000,000.
(ii) Use of funds.--Funds provided by a
grant under this subsection may be used--
(I) to deploy technologies and
infrastructure that support long-
distance travel of zero-emissions
vehicles, including--
(aa) battery-charging
stations;
(bb) battery-swap
facilities;
(cc) hydrogen refueling
stations;
(dd) catenary systems; and
(ee) second-generation
advanced biofuels refueling
stations; and
(II) to carry such other activities
as the Secretary determines to be
appropriate.
(iii) Cost sharing.--
(I) In general.--A grant provided
under this subsection shall be subject
to a minimum non-Federal cost-sharing
requirement of 80 percent.
(II) Non-federal sources.--The
Secretary shall determine the
appropriate cost share for each
selected applicant.
(III) Reduction.--The Secretary may
reduce or eliminate the cost-sharing
requirement described in subclause (I),
as the Secretary determines to be
necessary.
(IV) Repayment of federal share.--
The Secretary shall not require
repayment of the Federal share of a
cost-shared activity under this section
as a condition of providing a grant.
(5) Reporting requirements.--
(A) In general.--The Secretary shall--
(i) determine what data will be required to
be collected by participants in the Program and
submitted to the Secretary to permit analysis
of the Program; and
(ii) develop metrics to determine the
success of the deployment communities.
(B) Provision of data.--As a condition of
participation in the Program, an applicant shall
provide any data determined by the Secretary under
subparagraph (A).
(C) Proprietary information.--In carrying out this
paragraph, the Secretary shall, as appropriate, provide
for the protection of proprietary information and
intellectual property rights.
(e) Funding.--The Secretary shall use to carry out this section not
more than $2,000,000,000 for each fiscal year from the Climate Fund.
SEC. 406. ACCELERATING THE DEPLOYMENT OF ZERO-EMISSION AVIATION, RAIL,
AND MARITIME TRANSPORTATION.
(a) Definitions.--In this section:
(1) Commercial aviation.--The term ``commercial aviation''
means any aircraft operation involving the transportation of
passengers, cargo, or mail for hire.
(2) Maritime transportation.--The term ``maritime
transportation'' means the shipment of goods, cargo, and people
by sea and other waterways.
(3) Program.--The term ``Program'' means the national grant
program established under subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--The Secretary shall establish a national grant
program to promote and accelerate the elimination of fossil fuel usage
for the commercial aviation, maritime transportation, and rail sectors.
(c) Goals.--The goals of the Program are--
(1) to accelerate the development and deployment of low
carbon fuels and alternative fuel technologies for aircraft,
ships, and rail;
(2) to reduce and displace fossil fuel use and greenhouse
gas emissions due to the commercial aviation, maritime
transportation and rail sectors; and
(3) to encourage the innovation and investment necessary
for reaching the purpose of this section described in
subsection (d)(1) by 2050.
(d) Competitive Grants.--
(1) In general.--The Secretary shall establish a
competitive process to select projects that lead to the
reduction of fossil fuels use in the commercial aviation,
maritime transportation, and rail sectors.
(2) Eligible entities.--In selecting participants for the
Program under paragraph (1), the Secretary shall only consider
an application (including a joint application) submitted by an
applicant that is--
(A) a private, nongovernmental entity that is
headquartered in the United States;
(B) a State;
(C) a group of States;
(D) an Interstate Compact;
(E) a public agency established by 1 or more
States; or
(F) an Indian tribe or tribal organization.
(3) Selection criteria.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall publish a
set of selection criteria for the grant competition that
includes--
(A) offering the highest cost-share relative to the
value of the Federal grant offered under the Program;
(B) to the maximum extent practicable, serving as a
model of research, development, and deployment for
other private entities across the United States; and
(C) meeting such other criteria as the Secretary
determines to be appropriate.
(4) Applications and grants.--
(A) In general.--Not later than 120 days after the
date of publication by the Secretary of the selection
criteria described in paragraph (3), any entity that
meets the eligibility criteria described in paragraph
(2) may apply to the Secretary to receive a grant.
(B) Grants.--
(i) In general.--In each application, the
applicant may apply for a grant of not more
than $100,000,000.
(ii) Use of funds.--Funds provided by a
grant under this subsection may be used--
(I) primarily to deploy zero
emissions and alternative fuel
technologies for commercial aviation,
maritime transportation, and rail
including--
(aa) electrification;
(bb) hydrogen fuel cells;
(cc) second-generation
advanced biofuels; and
(dd) fuel efficiency; and
(II) to carry out other activities
considered appropriate by the
Secretary.
(iii) Cost sharing.--
(I) In general.--A grant provided
under this subsection shall be subject
to a minimum non-Federal cost-sharing
requirement of 80 percent.
(II) Non-federal sources.--The
Secretary shall determine the
appropriate cost share for each
selected applicant.
(III) Reduction.--The Secretary may
reduce or eliminate the cost-sharing
requirement described in subclause (I),
as the Secretary determines to be
necessary.
(IV) Repayment of federal share.--
The Secretary shall not require
repayment of the Federal share of a
cost-shared activity under this section
as a condition of providing a grant.
(5) Reporting requirements.--
(A) In general.--The Secretary shall--
(i) determine what data will be required to
be collected by participants in the Program and
submitted to the Secretary to permit analysis
of the Program; and
(ii) develop metrics to determine the
success of the deployment communities.
(B) Provision of data.--As a condition of
participation in the Program, an applicant shall
provide any data determined by the Secretary under
subparagraph (A).
(C) Proprietary information.--In carrying out this
paragraph, the Secretary shall, as appropriate, provide
for the protection of proprietary information and
intellectual property rights.
(e) Funding.--The Secretary shall use to carry out the Program--
(1) climate fees imposed under section 402; and
(2) not more than $12,000,000,000 for each fiscal year from
the Climate Fund.
SEC. 407. ACCELERATING THE DEPLOYMENT OF ZERO-EMISSION RESIDENTIAL AND
COMMERCIAL HEATING.
(a) Definitions.--In this section:
(1) Fossil fuel heating system.--The term ``fossil fuel
heating system'' means any boiler, furnace, hot water heater,
or forced air system that uses coal, oil, natural gas, propane,
or any other fossil fuel, as determined by the Secretary.
(2) Program.--The term ``Program'' means the zero-emission
residential and commercial heating program established under
subsection (b).
(3) Retail electric supplier.--The term ``retail electric
supplier'' means an entity that sold not less than 1,000
megawatt hours of electric energy to electric consumers for
purposes other than resale during the preceding calendar year.
(4) Retail natural gas supplier.--The term ``retail natural
gas supplier'' means an entity that sold not less than 100,000
cubic feet of natural gas to natural gas customers for purposes
other than resale during the preceding calendar year.
(b) Establishment.--The Secretary shall establish a zero-emission
residential and commercial heating program.
(c) Competitive Grants.--
(1) In general.--The Secretary shall establish a
competitive process for the Program to make grants.
(2) Eligible entities.--In selecting participants for the
Program, the Secretary shall only consider applications
(including joint applications) submitted by--
(A) retail electric suppliers;
(B) retail natural gas suppliers;
(C) States; and
(D) Indian tribes.
(3) Selection criteria.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, and not later than 90
days after the date on which any subsequent amounts are
made available for the Program, the Secretary shall
publish criteria for the selection of applicants,
including criteria prioritizing applications--
(i) with the highest non-Federal cost share
relative to the value of the Federal grant
offered under the Program;
(ii) that deliver the most rapid reductions
in emissions due to fossil fuel heating energy;
and
(iii) that meet other criteria considered
appropriate by the Secretary.
(B) Application requirements.--The applications
submitted by eligible entities under paragraph (2)
shall describe how selection criteria under
subparagraph (A) are met, including a description of--
(i) the non-Federal cost-share; and
(ii) the manner in which the applicant will
measure and verify the planned energy savings.
(4) Applications and grants.--
(A) In general.--Not later than 120 days after the
date of publication by the Secretary of the selection
criteria described in paragraph (3), any entity that
meets the eligibility criteria described in paragraph
(2) may apply to the Secretary to receive a grant.
(B) Grants.--
(i) In general.--In each application, the
applicant may apply for a grant of not more
than $20,000,000.
(ii) Use of funds.--Funds provided by a
grant under this subsection may be used--
(I) to replace any fossil fuel
heating system with a zero-emission
heating system;
(II) to provide incentives to
owners to replace any fossil fuel
heating system with a zero-emission
heating system;
(III) to reduce emissions in an
existing natural gas distribution
system; and
(IV) to replace any fossil fuel
heating system with a heating system
that is at least 50 percent more energy
efficient.
(iii) Cost sharing.--
(I) In general.--A grant provided
under this subsection to a private,
for-profit entity shall be subject to a
minimum non-Federal cost-sharing
requirement of 50 percent.
(II) Non-federal sources.--The
Secretary shall determine the
appropriate cost share for each
selected applicant.
(III) Reduction.--The Secretary may
reduce or eliminate the cost-sharing
requirement described in subclause (I),
as the Secretary determines to be
necessary.
(IV) Repayment of federal share.--
The Secretary shall not require
repayment of the Federal share of a
cost-shared activity under this section
as a condition of providing a grant.
(iv) Other federal assistance.--The
Secretary shall consider the receipt of other
Federal funds by the applicant in determining
the cost share of the applicant.
(C) Selection.--Not later than 120 days after the
application deadline established under subparagraph
(A), the Secretary shall announce the applicants
selected to receive grants under this section.
(5) Reporting requirements.--
(A) In general.--The Secretary shall determine what
data will be required to be collected by participants
in the Program and submitted to the Secretary to permit
analysis of the Program.
(B) Provision of data.--As a condition of
participation in the Program, an applicant shall
provide any data determined by the Secretary under
subparagraph (A).
(C) Proprietary information.--In carrying out this
paragraph, the Secretary shall, as appropriate, provide
for the protection of proprietary information and
intellectual property rights.
(6) Additional authorities.--To ensure the transition to
100 percent clean and renewable energy by 2050, starting in
2035, the Secretary, in consultation with the Council, shall
have the authority to set standards for residential and
commercial heating systems that eliminate fossil fuel emissions
by 2050.
(d) Funding.--The Secretary shall use to carry out this section not
more than $10,000,000,000 for each fiscal year from the Climate Fund.
Subtitle B--Helping Americans Move Beyond Oil
SEC. 411. PERMANENT EXTENSION, INCREASE, AND REFUNDABILITY OF CREDIT
FOR QUALIFIED NEW PLUG IN ELECTRIC DRIVE MOTOR VEHICLES.
(a) Repeal of Phaseout.--Section 30D of the Internal Revenue Code
of 1986 is amended by striking subsection (e).
(b) Extension for 2-Wheeled Vehicles.--Subparagraph (E) of section
30D(g)(3) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(E) is acquired--
``(i) in the case of a vehicle that has 2
wheels, after December 31, 2014, and
``(ii) in the case of a vehicle that has 3
wheels, after December 31, 2017.''.
(c) Increase in Dollar Limitation for Battery Capacity.--Paragraph
(3) of section 30D(b) of the Internal Revenue Code of 1986 is amended
by striking ``$5,000'' and inserting ``$7,500''.
(d) Personal Credit Made Refundable.--
(1) In general.--Section 30D(c)(2) of the Internal Revenue
Code of 1986 is amended by striking ``subpart A'' and inserting
``subpart C''.
(2) Technical amendment.--Paragraph (2) of section 1324(b)
of title 31, United States Code, as amended by this Act, is
amended by inserting ``30D(c)(2),'' after ``36D,''.
(e) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2016.
SEC. 412. PERMANENT EXTENSION OF CREDIT FOR HYBRID MEDIUM- AND HEAVY-
DUTY TRUCKS.
(a) In General.--Section 30B(k) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``after'' in the matter before paragraph
(1),
(2) by inserting ``after'' before ``December'' each place
it appears, and
(3) in paragraph (3), by inserting ``and before the date of
the enactment of the Energy Policy Modernization Act of 2017''
after ``December 31, 2009,''.
(b) Effective Date.--The amendments made by this section shall
apply to property purchased after the date of the enactment of this
Act.
SEC. 413. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Clause (i) of section 40(b)(6)(J) of the Internal
Revenue Code of 1986 is amended by striking ``January 1, 2017'' and
inserting ``January 1, 2025''.
(b) Effective Date.--The amendment made by this subsection shall
apply to qualified second generation biofuel production after December
31, 2016.
SEC. 414. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL
PLANT PROPERTY.
(a) In General.--Subparagraph (D) of section 168(l)(2) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(D) the construction of which begins before
January 1, 2025.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 415. EXTENSION AND MODIFICATION OF THE ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C of the Internal Revenue Code of 1986
is amended--
(1) by amending subsection (c) to read as follows:
``(c) Qualified Alternative Fuel Vehicle Refueling Property.--For
purposes of this section, the term `qualified alternative fuel vehicle
refueling property' means any of the following:
``(1) A pump or blender pump that is capable of dispensing
a fuel mixture that is at least 50 percent ethanol.
``(2) A pump or blender pump that is capable of dispensing
a fuel mixture that is at least 50 percent biodiesel or
renewable diesel.
``(3) A pump that is capable of dispensing a biofuel and
petroleum blend, at least 50 percent of which is a renewable
fuel (as defined in section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1))).
``(4) A direct current electric charging station with a
power rating of at least 40 kilowatts.
``(5) An alternating current electric charging station with
a voltage rating between 208 volts and 240 volts and a power
rating between 2.5 kilowatts and 20 kilowatts.
``(6) Hydrogen fuel-cell refilling infrastructure.
``(7) Any other infrastructure that the Administrator may
prescribe by regulation that is capable of dispensing a fuel
that is not less than a 50-percent mixture of a renewable fuel
(as defined in section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1))).'',
(2) in subsection (e)--
(A) by striking paragraphs (5) through (7), and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Recapture rules.--The Secretary shall, by
regulations, provide for recapturing the benefit of any credit
allowable under subsection (a) with respect to any property
which ceases to be property eligible for such credit.'', and
(3) by amending subsection (g) to read as follows:
``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2024.''.
(4) Effective date.--The amendments made by this section
shall apply to property placed in service after December 31,
2016.
TITLE V--ENDING NEW FOSSIL FUEL INVESTMENTS
Subtitle A--Ending New Fossil Fuel Investments
SEC. 501. MORATORIUM ON NEW MAJOR FOSSIL FUEL PROJECTS.
(a) Definitions.--In this section:
(1) Fossil fuel energy.--The term ``fossil fuel energy''
means electric energy generated, in whole or in part, by a
fossil fuel resource.
(2) Fossil fuel resource.--
(A) In general.--The term ``fossil fuel resource''
means all forms of coal, oil, and gas.
(B) Inclusions.--The term ``fossil fuel resource''
includes--
(i) bitumen from oil sands;
(ii) kerogen from oil shale;
(iii) liquids manufactured from coal;
(iv) coal bed methane;
(v) methane hydrates;
(vi) light oil derived from shale or other
formations;
(vii) natural gas liquids; and
(viii) all conventionally and
unconventionally produced hydrocarbons.
(3) Gathering line.--The term ``gathering line'' has the
meaning given the term in section 195.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(4) Interstate pipeline.--The term ``interstate pipeline''
has the meaning given the term in section 195.2 of title 49,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(b) Moratorium.--Subject to subsection (e), beginning on January 1,
2021, there shall be a moratorium on Federal permit approval for--
(1) any new electric generating facility that generates
fossil fuel energy through the combustion of any fossil fuel
resource;
(2) any new gathering line or interstate pipeline for the
transport of any fossil fuel resource that--
(A) crosses Federal land or navigable water; or
(B) requires the use of eminent domain on private
property;
(3) any maintenance activity relating to an existing
gathering line or interstate pipeline for the transport of a
fossil fuel resource that expands the carrying capacity of the
gathering line or interstate pipeline by more than 5 percent;
(4) any new import or export terminal for fossil fuel
resources;
(5) any maintenance activity relating to an existing import
or export terminal for a fossil fuel resource that expands the
import or export capacity for a fossil fuel resource; and
(6) any new refinery of a fossil fuel resource.
(c) Enforcement.--The Administrator may seek an injunction on the
construction of any facility described in subsection (b) that begins on
or after January 1, 2021.
(d) Federal Permits.--The Administrator, in coordination with the
head of the applicable Federal agency, shall deny any application
submitted to the head of that Federal agency on or after January 1,
2021, for a permit for any facility described in subsection (b).
(e) Exemption.--During the period beginning on January 1, 2021, and
ending on December 31, 2029, any entity seeking to construct a new
electric generating facility that generates fossil fuel energy through
the combustion of natural gas may submit to the Administrator an
application for a waiver of the moratorium under this section,
including a demonstration by the entity that--
(1) the electricity will primarily be used to balance
nonfossil fuel resources; and
(2) nonfossil fuel resources will not be available to
maintain reliability while achieving compliance with the
applicable requirements of section 220 of the Clean Air Act (42
U.S.C. 7401 et seq.) (as added by section 401(a)).
(f) Tribal Consultation.--
(1) In general.--If an application for routing or siting
approval, or permit or right-of-way was granted, approved, or
issued on or after February 8, 2017, for any facility described
in subsection (b) without the consultation required under
Executive Order 13175 (25 U.S.C. 5301 note; relating to tribal
consultation), or without the informed and express consent of
the applicable Indian tribe, the Administrator or appropriate
agency head shall order an immediate suspension of any
preconstruction, construction, or any other activity within,
on, under, or through the approved route or right-of-way or
permitted area.
(2) Duration.--The suspension described in paragraph (1)
shall remain in full force and effect until conclusion of the
appropriate administrative proceeding.
(g) Eminent Domain.--Any application, permit, or right-of-way
granted or issued for any facility described in subsection (b) that, on
or after February 8, 2017, triggers the use of eminent domain shall be
null and void.
SEC. 502. ENDING FOSSIL FUEL SUBSIDIES.
(a) Fossil Fuel.--In this section, the term ``fossil fuel'' means
coal, petroleum, natural gas, or any derivative of coal, petroleum, or
natural gas that is used for fuel.
(b) Royalty Relief.--
(1) Outer continental shelf lands act.--Section 8(a)(3) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)) is
amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B).
(2) Energy policy act of 2005.--
(A) Incentives for natural gas production from deep
wells in the shallow waters of the gulf of mexico.--
Section 344 of the Energy Policy Act of 2005 (42 U.S.C.
15904) is repealed.
(B) Deep water production.--Section 345 of the
Energy Policy Act of 2005 (42 U.S.C. 15905) is
repealed.
(3) Future provisions.--Notwithstanding any other provision
of law (including regulations), royalty relief shall not be
permitted under a lease issued under section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337).
(c) Royalties Under Mineral Leasing Act.--
(1) Coal leases.--Section 7(a) of the Mineral Leasing Act
(30 U.S.C. 207(a)) is amended in the fourth sentence by
striking ``12\1/2\ per centum'' and inserting ``18\3/4\
percent''.
(2) Leases on land on which oil or natural gas is
discovered.--Section 14 of the Mineral Leasing Act (30 U.S.C.
223) is amended in the fourth sentence by striking ``12\1/2\
per centum'' and inserting ``18\3/4\ percent''.
(3) Leases on land known or believed to contain oil or
natural gas.--Section 17 of the Mineral Leasing Act (30 U.S.C.
226) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A), in the fifth
sentence, by striking ``12.5 percent'' and
inserting ``18\3/4\ percent''; and
(ii) in paragraph (2)(A)(ii), by striking
``12\1/2\ per centum'' and inserting ``18\3/4\
percent'';
(B) in subsection (c)(1), in the second sentence,
by striking ``12.5 percent'' and inserting ``18\3/4\
percent'';
(C) in subsection (l), by striking ``12\1/2\ per
centum'' each place it appears and inserting ``18\3/4\
percent''; and
(D) in subsection (n)(1)(C), by striking ``12\1/2\
per centum'' and inserting ``18\3/4\ percent''.
(d) Elimination of Interest Payments for Royalty Overpayments.--
Section 111 of the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1721) is amended by adding at the end the following:
``(k) Payment of Interest.--Interest shall not be paid on any
overpayment.''.
(e) Offshore Facilitates and Pipeline Operators.--Section 1004(a)
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
(1) in paragraph (3), by striking ``plus $75,000,000; and''
and inserting ``and the liability of the responsible party
under section 1002;'';
(2) in paragraph (4)--
(A) by inserting ``(except an onshore pipeline
transporting diluted bitumen, bituminous mixtures, or
any oil manufactured from bitumen)'' after ``for any
onshore facility''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(5) for any onshore facility transporting diluted
bitumen, bituminous mixtures, or any oil manufactured from
bitumen, the liability of the responsible party under section
1002.''.
(f) Limitation on International Financial Institution Funding of
Fossil Fuel Projects.--
(1) Rescission of funds.--Except as provided in paragraph
(3), effective on the date of enactment of this Act, there are
rescinded all unobligated balances of amounts made available by
the United States--
(A) to the International Bank for Reconstruction
and Development and the International Development
Association (collectively known as the ``World Bank'')
or any other international financial institution (as
defined in section 1701(c)(2) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(2))); and
(B) to carry out any project that supports the
construction of new fossil-fueled power plants.
(2) Limitation on use of future funds.--Except as provided
in paragraph (3), and notwithstanding any other provision of
law, any amounts made available by the United States to the
World Bank or any other international financial institution on
or after the date of enactment of this Act may not be used to
carry out any project that facilitates additional consumption
or production of fossil-fuel based energy.
(3) Exception.--Paragraphs (1) and (2) shall not apply to a
fossil-fueled power plant project located in a least developed
country (as that term is defined by the United Nations) if--
(A) no other economically feasible alternative
exists; and
(B) the project uses the most efficient technology
available.
(g) Incentives for Innovative Technologies.--
(1) In general.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended--
(A) in subsection (b)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3)
through (9) as paragraphs (2) through (8),
respectively; and
(iii) by striking paragraph (10);
(B) by striking subsection (c); and
(C) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(2) Conforming amendment.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended--
(A) by striking the section designation and heading
and all that follows through ``There are'' in
subsection (a) and inserting the following:
``SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.
``There are''; and
(B) by striking subsection (b).
(h) Rural Utility Service Loan Guarantees.--Notwithstanding any
other provision of law, the Secretary of Agriculture may not make a
loan under title III of the Rural Electrification Act of 1936 (7 U.S.C.
931 et seq.) to an applicant for the purpose of carrying out any
project that will use fossil fuel.
(i) Limitation on Funds to the Overseas Private Investment
Corporation or the Export-Import Bank of the United States for
Financing Projects, Transactions, or Other Activities That Support
Fossil Fuel.--
(1) Rescission of funds.--Except as provided in paragraph
(3), effective on the date of enactment of this Act, there are
rescinded all unobligated balances of amounts made available to
the Overseas Private Investment Corporation or the Export-
Import Bank of the United States to carry out any project,
transaction, or other activity that supports the production or
use of fossil fuels.
(2) Limitation on use of future funds.--Except as provided
in paragraph (3), and notwithstanding any other provision of
law, any amounts made available to the Overseas Private
Investment Corporation or the Export-Import Bank of the United
States on or after the date of enactment of this Act may not be
used to carry out any project, transaction, or other activity
that facilitates additional consumption or production of
fossil-fuel based energy.
(3) Exception.--Paragraphs (1) and (2) shall not apply to a
fossil-fueled power plant project located in a least developed
country (as that term is defined by the United Nations) if--
(A) no other economically feasible alternative
exists; and
(B) the project uses the most efficient technology
available.
(j) Transportation Funds for Grants, Loans, Loan Guarantees, and
Other Direct Assistance.--Notwithstanding any other provision of law,
any amounts made available to the Department of Transportation may not
be used to award any grant, loan, loan guarantee, or provide any other
direct assistance to any rail or port project that transports fossil
fuel.
(k) Powder River Basin.--
(1) Designation of the powder river basin as a coal
producing region.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Land
Management shall designate the Powder River Basin as a coal
producing region.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Director of the Bureau of Land
Management shall submit to Congress a report that includes--
(A) a study of the fair market value and the amount
of royalties paid on coal leases in the Powder River
Basin compared to other national and international coal
markets; and
(B) any policy recommendations to capture the
future market value of the coal leases in the Powder
River Basin.
(l) Reports.--
(1) Definition of fossil fuel production subsidy.--In this
subsection, the term ``subsidy for fossil fuel production''
means any direct funding, tax treatment or incentive, risk-
reduction benefit, financing assistance or guarantee, royalty
relief, or other provision that provides a financial benefit to
a fossil fuel company for the production of fossil fuels.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Treasury,
in coordination with the Secretary, shall submit to Congress a
report detailing each Federal law (including regulations),
other than those amended by this Act, as in effect on the date
on which the report is submitted, that includes a subsidy for
fossil-fuel production.
(3) Report on modified recovery period.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in
coordination with the Commissioner of Internal Revenue,
shall submit to Congress a report on the applicable
recovery period under the accelerated cost recovery
system provided in section 168 of the Internal Revenue
Code of 1986 for each type of property involved in
fossil fuel production, including pipelines, power
generation property, refineries, and drilling
equipment, to determine if any assets are receiving a
subsidy for fossil fuel production.
(B) Elimination of subsidy.--In the case of any
type of property that the Commissioner of Internal
Revenue determines is receiving a subsidy for fossil
fuel production under such section 168, for property
placed in service in taxable years beginning after the
date of such determination, such section 168 shall not
apply. The preceding sentence shall not apply to any
property with respect to a taxable year unless such
determination is published before the first day of such
taxable year.
Subtitle B--Ending Fossil Fuel Subsidies
SEC. 511. TERMINATION OF VARIOUS TAX EXPENDITURES RELATING TO FOSSIL
FUELS.
(a) In General.--Subchapter C of chapter 80 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 7875. TERMINATION OF CERTAIN PROVISIONS RELATING TO FOSSIL-FUEL
INCENTIVES.
``(a) In General.--The following provisions shall not apply to
taxable years beginning after the date of the enactment of this
section:
``(1) Section 43 (relating to enhanced oil recovery
credit).
``(2) Section 45I (relating to credit for producing oil and
natural gas from marginal wells).
``(3) Section 45K (relating to credit for producing fuel
from a nonconventional source).
``(4) Section 193 (relating to tertiary injectants).
``(5) Section 199(d)(9) (relating to special rule for
taxpayers with oil related qualified production activities
income).
``(6) Section 461(i)(2) (relating to special rule for
spudding of oil or natural gas wells).
``(7) Section 469(c)(3) (relating to working interests in
oil and natural gas property).
``(8) Section 613A (relating to limitations on percentage
depletion in case of oil and natural gas wells).
``(9) Section 617 (relating to deduction and recapture of
certain mining exploration expenditures).
``(b) Provisions Relating to Property.--The following provisions
shall not apply to property placed in service after the date of the
enactment of this section:
``(1) Subparagraph (C)(iii) of section 168(e)(3) (relating
to classification of certain property).
``(2) Section 169 (relating to amortization of pollution
control facilities) with respect to any atmospheric pollution
control facility.
``(c) Provisions Relating to Costs and Expenses.--The following
provisions shall not apply to costs or expenses paid or incurred after
the date of the enactment of this section:
``(1) Section 179B (relating to deduction for capital costs
incurred in complying with Environmental Protection Agency
sulfur regulations).
``(2) Section 263(c) (relating to intangible drilling and
development costs) with respect to costs in the case of oil and
natural gas wells.
``(3) Section 468 (relating to special rules for mining and
solid waste reclamation and closing costs).
``(d) 5-Year Carryback for Marginal Oil and Natural Gas Well
Production Credit.--Section 39(a)(3) (relating to 5-year carryback for
marginal oil and natural gas well production credit) shall not apply to
credits determined in taxable years beginning after the date of the
enactment of the this section.
``(e) Credit for Carbon Dioxide Sequestration.--Section 45Q
(relating to credit for carbon dioxide sequestration) shall not apply
to carbon dioxide captured after the date of the enactment of this
section.
``(f) Allocated Credits.--No new credits shall be certified under
section 48A (relating to qualifying advanced coal project credit) or
section 48B (relating to qualifying gasification project credit) after
the date of the enactment of this section.
``(g) Arbitrage Bonds.--Section 148(b)(4) (relating to safe harbor
for prepaid natural gas) shall not apply to obligations issued after
the date of the enactment of this section.''.
(b) Conforming Amendment.--The table of sections for subchapter C
of chapter 90 is amended by adding at the end the following new item:
``Sec. 7875. Termination of certain provisions.''.
SEC. 512. UNIFORM 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES.
(a) In General.--Section 167(h) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``24-month period'' each place it appears
in paragraphs (1) and (4) and inserting ``7-year period'', and
(2) by striking paragraph (5).
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 513. NATURAL GAS GATHERING LINES TREATED AS 15-YEAR PROPERTY.
(a) In General.--Subparagraph (E) of section 168(e)(3) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (viii), by striking the period at the end of clause (ix) and
inserting ``, and'', and by adding at the end the following new clause:
``(x) any natural gas gathering line the
original use of which commences with the
taxpayer after the date of the enactment of
this clause.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to subparagraph (E)(ix) the following
new item:
``(E)(x) ................................................... 22''.
(c) Conforming Amendment.--Clause (iv) of section 168(e)(3)(C) of
the Internal Revenue Code of 1986 is amended by inserting ``and on or
before the date of the enactment of subparagraph (E)(x)'' after ``April
11, 2005''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service on and after the date of
the enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before the date of the enactment of
this Act, or, in the case of self-constructed property, has
started construction on or before such date.
SEC. 514. REPEAL OF DOMESTIC MANUFACTURING DEDUCTION FOR HARD MINERAL
MINING.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (ii), by striking the period at the end of clause (iii) and
inserting ``, or'', and by adding at the end the following new clause:
``(iv) the mining of any hard mineral.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 515. LIMITATION ON DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC
PRODUCTION OF OIL, NATURAL GAS, OR PRIMARY PRODUCTS
THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for oil, natural gas, and coal
income.--The term `domestic production gross receipts'
shall not include gross receipts from the production,
refining, processing, transportation, or distribution
of oil, natural gas, or coal, or any primary product
(within the meaning of subsection (d)(9)) thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 516. TERMINATION OF LAST-IN, FIRST-OUT METHOD OF INVENTORY FOR
OIL, NATURAL GAS, AND COAL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Termination for Oil, Natural Gas, and Coal Companies.--
Subsection (a) shall not apply to any taxpayer that is in the trade or
business of the production, refining, processing, transportation, or
distribution of oil, natural gas, or coal for any taxable year
beginning after the date of enactment of this subsection.''.
(b) Additional Termination.--Section 473 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(h) Termination for Oil, Natural Gas, and Coal Companies.--This
section shall not apply to any taxpayer that is in the trade or
business of the production, refining, processing, transportation, or
distribution of oil, natural gas, or coal for any taxable year
beginning after the date of enactment of this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
SEC. 517. REPEAL OF PERCENTAGE DEPLETION FOR COAL AND HARD MINERAL
FOSSIL FUELS.
(a) In General.--Section 613 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Termination With Respect to Coal and Hard Mineral Fossil
Fuels.--In the case of coal, lignite, and oil shale (other than oil
shale described in subsection (b)(5)), the allowance for depletion
shall be computed without reference to this section for any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Conforming Amendments.--
(1) Coal and lignite.--Section 613(b)(4) of the Internal
Revenue Code of 1986 is amended by striking ``coal, lignite,''.
(2) Oil shale.--Section 613(b)(2) of such Code is amended
to read as follows:
``(2) 15 percent.--If, from deposits in the United States,
gold, silver, copper, and iron ore.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 518. TERMINATION OF CAPITAL GAINS TREATMENT FOR ROYALTIES FROM
COAL.
(a) In General.--Subsection (c) of section 631 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``coal (including lignite), or iron ore''
and inserting ``iron ore'',
(2) by striking ``coal or iron ore'' each place it appears
and inserting ``iron ore'',
(3) by striking ``iron ore or coal'' each place it appears
and inserting ``iron ore'', and
(4) by striking ``Coal or'' in the heading.
(b) Conforming Amendment.--The heading of section 631 of the
Internal Revenue Code of 1986 is amended by striking ``, coal,''.
(c) Effective Date.--The amendments made by this section shall
apply to dispositions after the date of the enactment of this Act.
SEC. 519. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO OIL,
NATURAL GAS, AND COAL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Oil, Natural Gas, and Coal
Companies Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued to a foreign country
or possession of the United States for any period by a dual
capacity taxpayer which is in the trade or business of the
production, refining, processing, transportation, or
distribution of oil, natural gas, or coal shall not be
considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or
possession.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
SEC. 520. INCREASE IN OIL SPILL LIABILITY TRUST FUND FINANCING RATE.
(a) In General.--Subparagraph (B) of section 4611(c)(2) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i),
(2) in clause (ii)--
(A) by inserting ``and before January 1, 2018,''
after ``December 31, 2016,'', and
(B) by striking the period and inserting ``, and'',
and
(3) by adding at the end the following new clause:
``(iii) in the case of crude oil received
or petroleum products entered after December
31, 2017, 10 cents a barrel.''.
(b) Effective Date.--The amendments made by this section shall
apply to crude oil received and petroleum products entered after the
date of the enactment of this Act.
SEC. 521. APPLICATION OF CERTAIN ENVIRONMENTAL TAXES TO SYNTHETIC CRUDE
OIL.
(a) In General.--Paragraph (1) of section 4612(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Crude oil.--
``(A) In general.--The term `crude oil' includes
crude oil condensates, natural gasoline, and synthetic
crude oil.
``(B) Synthetic crude oil.--For purposes of
subparagraph (A), the term `synthetic crude oil' means
any bitumen and bituminous mixtures, any oil
manufactured from bitumen and bituminous mixtures, and
any liquid fuel manufactured from coal.''.
(b) Effective Date.--The amendment made by this section shall apply
to oil and petroleum products received or entered during calendar
quarters beginning more than 60 days after the date of the enactment of
this Act.
SEC. 522. DENIAL OF DEDUCTION FOR REMOVAL COSTS AND DAMAGES FOR CERTAIN
OIL SPILLS.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 280I. EXPENSES FOR REMOVAL COSTS AND DAMAGES RELATING TO CERTAIN
OIL SPILL LIABILITY.
``No deduction shall be allowed under this chapter for any amount
paid or incurred with respect to any costs or damages for which the
taxpayer is liable under section 1002 of the Oil Pollution Act of 1990
(33 U.S.C. 2702).''.
(b) Clerical Amendment.--The table of sections for part IX of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 280I. Expenses for removal costs and damages relating to certain
oil spill liability.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any liability arising in taxable years ending
after the date of the enactment of this Act.
SEC. 523. TAX ON CRUDE OIL AND NATURAL GAS PRODUCED FROM THE OUTER
CONTINENTAL SHELF IN THE GULF OF MEXICO.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 56--TAX ON SEVERANCE OF CRUDE OIL AND NATURAL GAS FROM THE
OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO
``Sec. 5901. Imposition of tax.
``Sec. 5902. Taxable crude oil or natural gas and removal price.
``Sec. 5903. Special rules and definitions.
``SEC. 5901. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed a tax equal to 13 percent of the removal
price of any taxable crude oil or natural gas removed from the premises
during any taxable period.
``(b) Credit for Federal Royalties Paid.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by subsection (a) with respect to the
production of any taxable crude oil or natural gas an amount
equal to the aggregate amount of royalties paid under Federal
law with respect to such production.
``(2) Limitation.--The aggregate amount of credits allowed
under paragraph (1) to any taxpayer for any taxable period
shall not exceed the amount of tax imposed by subsection (a)
for such taxable period.
``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer of the taxable crude oil or natural gas.
``SEC. 5902. TAXABLE CRUDE OIL OR NATURAL GAS AND REMOVAL PRICE.
``(a) Taxable Crude Oil or Natural Gas.--For purposes of this
chapter, the term `taxable crude oil or natural gas' means crude oil or
natural gas which is produced from Federal submerged lands on the outer
Continental Shelf in the Gulf of Mexico pursuant to a lease entered
into with the United States which authorizes the production.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means--
``(A) in the case of taxable crude oil, the amount
for which a barrel of such crude oil is sold, and
``(B) in the case of taxable natural gas, the
amount per 1,000 cubic feet for which such natural gas
is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil or natural gas removed from property before
sale.--If crude oil or natural gas is removed from the property
before it is sold, the removal price shall be the constructive
sales price for purposes of determining gross income from the
property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the
day such manufacture or conversion begins, and
``(B) the removal price shall be the constructive
sales price for purposes of determining gross income
from the property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``SEC. 5903. SPECIAL RULES AND DEFINITIONS.
``(a) Administrative Requirements.--
``(1) Withholding and deposit of tax.--The Secretary shall
provide for the withholding and deposit of the tax imposed
under section 5901 on a quarterly basis.
``(2) Records and information.--Each taxpayer liable for
tax under section 5901 shall keep such records, make such
returns, and furnish such information (to the Secretary and to
other persons having an interest in the taxable crude oil or
natural gas) with respect to such oil as the Secretary may by
regulations prescribe.
``(3) Taxable periods; return of tax.--
``(A) Taxable period.--Except as provided by the
Secretary, each calendar year shall constitute a
taxable period.
``(B) Returns.--The Secretary shall provide for the
filing, and the time for filing, of the return of the
tax imposed under section 5901.
``(b) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil or natural
gas.
``(2) Crude oil.--The term `crude oil' includes crude oil
condensates and natural gasoline.
``(3) Premises and crude oil product.--The terms `premises'
and `crude oil product' have the same meanings as when used for
purposes of determining gross income from the property under
section 613.
``(c) Adjustment of Removal Price.--In determining the removal
price of oil or natural gas from a property in the case of any
transaction, the Secretary may adjust the removal price to reflect
clearly the fair market value of oil or natural gas removed.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.''.
(b) Deductibility of Tax.--The first sentence of section 164(a) of
the Internal Revenue Code of 1986 is amended by inserting after
paragraph (4) the following new paragraph:
``(5) The tax imposed by section 5901(a) (after application
of section 5901(b)) on the severance of crude oil or natural
gas from the outer Continental Shelf in the Gulf of Mexico.''.
(c) Clerical Amendment.--The table of chapters for subtitle E is
amended by adding at the end the following new item:
``56. Tax on severance of crude oil and natural gas from the ''.
outer Continental Shelf in the
Gulf of Mexico.
(d) Effective Date.--The amendments made by this section shall
apply to crude oil or natural gas removed after December 31, 2017.
SEC. 524. REPEAL OF CORPORATE INCOME TAX EXEMPTION FOR PUBLICLY TRADED
PARTNERSHIPS WITH QUALIFYING INCOME AND GAINS FROM
ACTIVITIES RELATING TO FOSSIL FUELS.
(a) In General.--Section 7704(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking subparagraph (E),
(2) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively, and
(3) by striking the flush matter at the end.
(b) Conforming Amendment.--Section 988(c)(1)(E)(iii)(III) of the
Internal Revenue Code of 1986 is amended by striking ``or (G)'' and
inserting ``or (F)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
TITLE VI--MAINTAINING AMERICAN COMPETITIVENESS
SEC. 601. PURPOSES; DEFINITIONS.
(a) Purposes.--The purposes of this title are--
(1) to ensure that the shift to a clean energy economy in
the United States is not eroded by the transition to foreign
countries of the manufacturing of goods in energy-intensive
industrial sectors;
(2) to ensure the competitiveness of United States
manufacturing and industry;
(3) to make trade a tool for the mitigation of emissions,
rather than the source of a substantial increase, as determined
by the National Climate Change Council, in greenhouse gas
emissions by industrial entities located in foreign countries
caused by an increased cost of production in the United States
resulting from the implementation of this Act;
(4) to provide an incentive for high-emissions foreign
countries to strengthen the climate regulations and address the
greenhouse gas emissions of those countries; and
(5) to prevent an increase in greenhouse gas emissions from
foreign countries as a result of direct and indirect compliance
costs incurred under this title.
(b) Definitions.--In this title:
(1) Climate duty.--The term ``climate duty'' means a duty
assessed by the United States on the importation into the
customs territory of the United States of a covered good.
(2) Covered good.--The term ``covered good'' means a good
that is entered under a heading or subheading of the Harmonized
Tariff Schedule of the United States that corresponds to the
North American Industrial Classification System code for an
eligible industrial sector, as established in the concordance
between North American Industrial Classification System codes
and the Harmonized Tariff Schedule of the United States
prepared by the United States Census Bureau.
(3) Eligible industrial sector.--The term ``eligible
industrial sector'' means an industrial sector in the United
States that is subject to a climate duty, as determined under
section 602(a).
(4) Energy-intensive.--The term ``energy-intensive'', with
respect to an industrial sector, means that the industrial
sector has an energy intensity of not less than 5 percent, as
calculated based on the quotient obtained by dividing, as
determined using the average of the 3 most recent calendar
years for which data are available--
(A) the cost of the electricity and fuel purchased
by the industrial sector; by
(B) the total value of the sales of the industrial
sector.
(5) Incremental cost.--The term ``incremental cost'' means
the increased cost of production of a covered good due to
compliance with applicable energy and climate laws (including
regulations) and subsidies of--
(A) the United States; or
(B) a foreign country.
(6) Industrial sector.--
(A) In general.--The term ``industrial sector''
means any sector that--
(i) is in the manufacturing sector (as
defined in North American Industrial
Classification System codes 31, 32, and 33); or
(ii) beneficiates or otherwise processes
(including through agglomeration) a metal ore,
including--
(I) iron or copper ore;
(II) soda ash; and
(III) phosphate.
(B) Exclusion.--The term ``industrial sector'' does
not include any sector involving only the extraction
of--
(i) a metal ore;
(ii) soda ash; or
(iii) phosphate.
(7) Trade-intensive.--The term ``trade-intensive'', with
respect to an industrial sector, means that not less than 15
percent of domestic consumption from the industrial sector is a
result of importation, as calculated based on the quotient
obtained by dividing, as determined using the average of the 3
most recent calendar years for which data are available--
(A) the value of the total imports of the
industrial sector; by
(B) the number equal to the sum of--
(i) the number equal to the difference
between--
(I) the domestic production of the
industrial sector; and
(II) the exports of the industrial
sector; and
(ii) the value of the imports of the
industrial sector.
SEC. 602. LEVELING PLAYING FIELD FOR DOMESTIC MANUFACTURERS.
(a) Eligible Industrial Sectors.--
(1) Designation.--Not later than 1 year after the date of
enactment of this Act, the Administrator, by regulation, shall
designate, in accordance with paragraph (2) and with the advice
of the Council, each eligible industrial sector that is subject
to a climate duty under this section.
(2) Determination.--An industrial sector shall be an
eligible industrial sector if the industrial sector--
(A) is--
(i) energy-intensive; and
(ii) trade-intensive; or
(B) has an energy intensity of not less than 20
percent, as determined by the Council, based on the
quotient obtained by dividing, as determined using the
average of the 3 most recent calendar years for which
data are available--
(i) the cost of electricity and fuel
purchased by the industrial sector; by
(ii) the value of the sales of the
industrial sector.
(3) Publication and updating of list.--Not later than 1
year after the date of enactment of this Act, and not less
frequently than once every 3 years thereafter, the
Administrator shall publish or update, as applicable, in the
Federal Register a list of eligible industrial sectors
designated under paragraph (1).
(b) Regulations.--
(1) In general.--The President, in consultation with the
Administrator, with the concurrence of the Council and the
Commissioner of U.S. Customs and Border Protection, shall
promulgate regulations that--
(A) establish--
(i) a list of countries from which the
United States imports covered goods;
(ii) a methodology for calculating--
(I) the incremental cost of
producing covered goods in--
(aa) the United States; and
(bb) each foreign country
included on the list under
clause (i); and
(II) subject to subsection
(c)(3)(A), the amount of the climate
duty to be imposed on imports of
covered goods from each eligible
industrial sector;
(iii) a list of the climate duties to be
applied to imports from each eligible
industrial sector, as determined in accordance
with the methodology under clause (ii)(II); and
(iv) procedures to prevent circumvention of
the climate duty for a covered good that is
manufactured or processed in more than 1
foreign country;
(B) subject to subsection (c)(3)(B), require the
payment of an appropriate climate duty for the
importation into the customs territory of the United
States of covered goods; and
(C) describe the procedures to be applied by U.S.
Customs and Border Protection relating to the
declaration and entry of covered goods into the customs
territory of the United States.
(2) Revisions.--Not less frequently than once every 3
years, the President, with the advice of the Council, shall
publish in the Federal Register revised incremental cost
calculations for the United States and foreign countries, to be
determined in accordance with paragraph (1)(A)(ii)(I), as
necessary to account for any modifications during the preceding
3 calendar years to applicable climate- and energy-related laws
(including regulations).
(c) Imposition of Climate Duty on Imported Covered Goods.--
(1) In general.--The owner or operator of an entity that
imports a covered good shall pay to the Commissioner of U.S.
Customs and Border Protection the climate duty required under
subsection (b) with respect to the applicable eligible
industrial sector.
(2) Waivers.--
(A) Petition.--The owner or operator of an entity
that imports a covered good may submit to the President
a petition for a waiver of the climate duty required
for the covered good under this subsection.
(B) Approval.--The President shall provide to an
owner or operator the waiver requested in a petition
submitted under subparagraph (A), if the owner or
operator demonstrates to the satisfaction of the
President that the covered good imported by the owner
or operator has an energy intensity or trade intensity,
as calculated in accordance with paragraph (5) or (8),
respectively, of section 601(b), equal to less than the
energy intensity or trade intensity calculated for the
overall eligible industrial sector in which the covered
good is classified.
(3) Limitations.--
(A) Maximum amount.--A climate duty imposed on the
importation of a covered good pursuant to this
subsection shall not exceed an amount equal to the
incremental cost of domestic production of the covered
good, as determined in accordance with subsection
(b)(1)(A)(ii)(I).
(B) Exempted foreign countries.--A product that
originates from a foreign country that meets any of the
following criteria shall be exempt from a climate duty
under this subsection:
(i) The United Nations has identified the
country as among the least developed of
developing countries.
(ii) The country has been determined to be
responsible for less than 0.5 percent of total
global greenhouse gas emissions.
(iii) The country has been determined to be
responsible for less than 5 percent of United
States imports for an eligible industrial
sector.
(iv) The country is a party to an
international agreement to which the United
States is also a party that includes a
nationally enforceable and economywide
greenhouse gas emissions reduction commitment
for that country, which is at least as
stringent as the commitment of the United
States.
(v) The country is party to a multilateral
or bilateral emissions reduction agreement to
which the United States is also a party
relating to an applicable eligible industrial
sector.
(vi) The country has an annual energy
intensity, as calculated in accordance with
section 601(b)(5), for an eligible industrial
sector that is not greater than the energy
intensity for the eligible industrial sector in
the United States during the most recent 3-
calendar-year period for which data are
available.
SEC. 603. MAKING AMERICAN MANUFACTURING ENERGY EFFICIENT.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
energy-intensive manufacturer that--
(A) is a nongovernmental entity; and
(B) is headquartered in the United States.
(2) Energy-intensive manufacturer.--
(A) In general.--The term ``energy-intensive
manufacturer'' means a private entity operating in an
industrial sector that uses an onsite fossil fuel
heating system in a manufacturing process.
(B) Inclusions.--The term ``energy-intensive
manufacturer'' includes an entity described in
subparagraph (A) that--
(i) manufactures steel or cement;
(ii) is a pulp or paper mill; or
(iii) operates in an energy-intensive
industrial sector.
(3) Fossil fuel heating system.--The term ``fossil fuel
heating system'' means a boiler, furnace, hot water heater, or
forced air system that uses coal, oil, natural gas, propane, or
any other fossil fuel, as determined by the Secretary.
(4) Program.--The term ``Program'' means the energy-
efficient manufacturing program established under subsection
(b)(1).
(b) Energy Efficient Manufacturing Program.--
(1) Establishment.--The Secretary shall establish program,
to be known as an ``energy-efficient manufacturing program''.
(2) Competitive grants.--
(A) In general.--In carrying out the Program, the
Secretary shall provide grants, on a competitive basis,
to eligible entities to implement energy efficiency
improvements at facilities in the United States.
(B) Selection criteria.--Not later than 120 days
after the date of enactment of this Act, and not later
than 90 days after the date on which any subsequent
amounts are appropriated to carry out the Program, the
Secretary shall publish criteria for the selection of
eligible entities to receive grants under the Program,
including criteria prioritizing the applications
submitted under subparagraph (C) based on--
(i) the non-Federal cost-share, relative to
the value of the grant;
(ii) the rapidity of the achievement of
reductions in emissions due to the replacement
of a fossil fuel heating system as described in
subparagraph (F)(i);
(iii) the ability to use the energy
efficiency improvements funded by the grant as
a model of deployment of zero-emission heating
technologies across the United States; and
(iv) such other achievements as the
Secretary considers to be appropriate.
(C) Applications.--
(i) In general.--To be eligible to receive
a grant under this paragraph, an eligible
entity or consortium of eligible entities shall
submit to the Secretary an application or joint
application, respectively, in accordance with
clause (ii), by not later than 120 days after
the date of publication by the Secretary of the
selection criteria under subparagraph (B).
(ii) Inclusions.--An application submitted
under this subparagraph shall include a
description of the means by which--
(I) the eligible entity or
consortium, as applicable, will--
(aa) achieve compliance
with any applicable selection
criteria under subparagraph
(B); and
(bb) measure and verify
proposed energy savings; and
(II) to the maximum extent
practicable, the energy efficiency
improvements proposed to be achieved
using the grant could be used as a
model of deployment for other
manufacturers across the United States.
(D) Selection.--Not later than 120 days after the
deadline described in subparagraph (C)(i), the
Secretary shall select eligible entities to receive
grants under the Program.
(E) Maximum amount.--The amount of a grant provided
under the Program shall not exceed $100,000,000.
(F) Use of funds.--An eligible entity or
consortium, as applicable, shall use a grant provided
under the Program--
(i) to replace a fossil fuel heating system
with--
(I) a zero-emission heating system;
or
(II) a heating system that is at
least 50 percent more energy efficient;
or
(ii) to make energy efficiency improvements
that reduce the total electricity usage of each
applicable eligible entity by not less than 10
percent.
(3) Cost sharing.--
(A) In general.--The non-Federal share of the cost
of each activity carried out using a grant provided
under the Program shall be--
(i) determined by the Secretary, taking
into consideration the receipt of any other
Federal funds by the applicable eligible
entity; but
(ii) not less than 20 percent.
(B) No repayment of federal share.--The Secretary
shall not require repayment of the Federal share of an
activity carried out using a grant provided under the
Program as a condition of providing the grant.
(4) Reports.--
(A) In general.--For purposes of analyzing the
Program, the Secretary shall determine the data
required to be submitted to the Secretary by eligible
entities as a condition of receiving grants under the
Program.
(B) Proprietary information.--In carrying out this
paragraph, the Secretary shall provide appropriate
protections for--
(i) proprietary information; and
(ii) intellectual property rights.
(c) Funding.--The Secretary shall use to carry out this section not
more than $2,000,000,000 for each fiscal year from the Climate Fund.
TITLE VII--MOBILIZING AMERICAN RESOURCES
SEC. 701. NATIONAL CLIMATE CHANGE COUNCIL.
(a) Definition of Fossil Fuel.--In this section, the term ``fossil
fuel'' has the meaning given the term ``fossil fuel resource'' in
section 610(a) of the Public Utility Regulatory Policies Act of 1978.
(b) Establishment.--There is established in the Executive Office of
the President a council, to be known as the ``National Climate Change
Council'', to coordinate all activities and programs of the Federal
Government relating to the transition from fossil fuels by January 1,
2050.
(c) Membership.--The membership of the Council shall consist of--
(1) the Secretary;
(2) the Secretary of Education;
(3) the Secretary of Housing and Urban Development;
(4) the Secretary of Labor;
(5) the Secretary of Transportation;
(6) the Secretary of the Treasury;
(7) the Administrator;
(8) the Chair of the Council on Environmental Quality;
(9) the Director of the National Economic Council; and
(10) the Director of the Office of Science and Technology
Policy.
(d) Duties.--
(1) 2050 plans.--
(A) In general.--The Council shall develop plans to
ensure that each sector in the United States that
combusts fossil fuels transitions away from fossil fuel
emissions by January 1, 2050, in accordance with this
subsection.
(B) Proposed plans.--Not later than 1 year after
the date of enactment of this Act, the Council shall--
(i) identify each sector in the United
States economy that combusts fossil fuels; and
(ii) publish in the Federal Register a
proposed plan to transition that sector away
from fossil fuels.
(C) Final plans.--Not later than 2 years after the
date of enactment of this Act, the Council shall
publish in the Federal Register the final plan
developed under this paragraph for each sector.
(D) Requirements.--
(i) Use of existing authorities.--The
Council shall--
(I) to the maximum extent
practicable, use existing authorities
to execute each plan developed under
this paragraph; and
(II) identify any new statutory
authority necessary to execute each
plan.
(ii) Public comment.--The Council shall
provide notice and an opportunity for public
comment for a period of not less than 90 days
for each plan developed under this paragraph.
(2) Submission to congress.--Not later than 60 days after
the date of publication of a final plan under paragraph (1)(C)
with respect to which the Council identifies under paragraph
(1)(D)(i)(II) a new statutory authority necessary to execute
the plan, the Council shall submit to Congress draft
legislative text for that new authority.
(3) 5-year reviews.--Not less frequently than once every 5
years, the Council shall review and update, as necessary, each
plan developed under this subsection, taking into
consideration--
(A) new market conditions;
(B) advances in technology; and
(C) such other factors as the Council determines to
be appropriate.
(4) 2040 review.--Not later than January 1, 2040, the
Council shall--
(A) identify any sector that is not expected to
achieve compliance with the targets established for the
sector in an applicable plan under this subsection by
December 31, 2040; and
(B) establish a program to reduce emissions from
that sector through investment in international clean
and renewable energy projects.
(e) New Grant Program Authority.--
(1) In general.--The Council may establish such new
programs as the Council determines to be appropriate to provide
grants for not more than 20 percent of the costs incurred in
connection with the acquisition of components for, or the
development, construction, or engineering of, activities and
programs described in a plan developed under subsection (d).
(2) Funding.--The Council may use to carry out this
subsection such amounts in the Climate Fund as are not
otherwise expended to carry out this Act and the amendments
made by this Act.
(f) Carbon Fees.--If, in conducting the 2040 review under
subsection (d)(4) for any sector (other than sectors covered under
section 101 and title II), the Council determines that new authority is
necessary to meet a target established under subsection (d), the
Secretary of the Treasury may, in consultation with the Council, assess
the fees necessary to meet the target under subsection (d).
SEC. 702. CLIMATE FUND; CLIMATE BONDS.
(a) Climate Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Climate Fund''.
(2) Responsibility of secretary.--The Secretary of the
Treasury (or a designee) (referred to in this section as the
``Secretary'') shall take such actions as the Secretary
determines to be necessary to assist in implementing the
establishment of the Climate Fund in accordance with this Act.
(3) Use of funds.--
(A) In general.--Any amounts deposited in the
Climate Fund shall only be used to carry out this Act
and the amendments made by this Act.
(B) Allocation.--Not later than the date that is 14
days before the first day of each applicable fiscal
year, the Council shall make a determination regarding
the allocation of funds pursuant to subparagraph (A)
for the following fiscal year.
(C) Minimum allocation.--For each fiscal year, at
least 40 percent of the funds deposited in the Climate
Fund shall be used to carry out title I, the amendments
made by title I, and section 704.
(b) Climate Bonds.--
(1) Initial capitalization.--During the 1-year period
beginning on the date of enactment of this Act, the Secretary
shall issue climate bonds in an amount not to exceed
$150,000,000,000 on the credit of the United States, the
proceeds of which shall be deposited in the Climate Fund.
(2) Future capitalization.--After the expiration of the 1-
year period described in paragraph (1), the Secretary may issue
additional climate bonds on the credit of the United States in
excess of the limitation established under that paragraph, in
an amount not to exceed $150,000,000,000 for each fiscal year.
(c) Interest.--A climate bond shall bear interest at the rate the
Secretary sets for Treasury bonds.
(d) Promotion.--
(1) In general.--The Secretary shall take such actions,
independently and in conjunction with financial institutions
offering climate bonds, to promote the purchase of climate
bonds, including campaigns describing the financial and social
benefits of purchasing climate bonds.
(2) Promotional activities.--The promotional activities
under paragraph (1) may include advertisements, pamphlets, or
other promotional materials--
(A) in periodicals;
(B) on billboards and other outdoor venues;
(C) on television;
(D) on radio;
(E) on the Internet;
(F) within financial institutions that offer
climate bonds; or
(G) any other venues or outlets the Secretary may
identify.
(3) Limitation.--There are authorized to be appropriated
for the promotional activities under this subsection not more
than--
(A) $10,000,000 for the first fiscal year beginning
after the date of enactment of this Act; and
(B) $2,000,000 for each fiscal year thereafter.
(e) Fair Working Wages and Davis-Bacon Compliance.--
(1) In general.--All laborers and mechanics employed on
projects funded directly by or assisted in whole or in part by
the Climate Fund under this Act shall be paid wages at rates
not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of part A of
subtitle II of title 40, United States Code (commonly referred
to as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in this subsection, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 703. ACCELERATING 100 PERCENT LOCALLY.
(a) Establishment of Grant Program.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide grants, on a
competitive basis, to units of tribal and local government or
consortia of those units to plan and implement a transition to
100-percent clean and renewable energy.
(2) Goals.--The goals of the program under this subsection
are--
(A) to facilitate the rapid transition to 100-
percent clean and renewable energy at the municipal and
regional levels throughout the United States by
providing--
(i) planning grants to support necessary
activities to transition to 100-percent clean
and renewable energy; and
(ii) implementation grants for communities
that--
(I) have completed the planning
process; and
(II) are ready to begin
implementing 100-percent clean and
renewable energy plans;
(B) to encourage the adoption of clean and
renewable energy resources at the local and regional
levels, while increasing the access that low-income
communities and disadvantaged communities have to the
many benefits of clean energy, most notably--
(i) improved environmental quality;
(ii) healthier living conditions; and
(iii) lower energy costs;
(C) to increase knowledge and acceptance of, and
exposure to, clean and renewable energy practices for
consumers, businesses, and local elected officials and
planning staff;
(D) to encourage the innovation and investment
necessary to achieve large-scale deployment of clean
and renewable energy;
(E) to investigate differences in energy use among
communities and develop best practices for
transitioning to clean and renewable energy in various
communities and regions throughout the United States;
and
(F) to reduce and displace petroleum use and reduce
greenhouse gas emissions by accelerating the transition
to clean and renewable energy at the local and regional
levels in the United States.
(b) Applications.--
(1) In general.--To be eligible to receive a grant under
this subsection, a unit of tribal or local government, or a
consortium of 1 or more such units, shall submit to the
Secretary an application in such manner and containing such
information as the Secretary determines to be appropriate, by
not later than 150 days after the date of publication by the
Secretary of selection criteria under subsection (c)(3).
(2) Joint sponsorship.--
(A) In general.--Subject to subparagraph (B), an
application submitted under paragraph (1) may be
jointly sponsored by--
(i) electric utilities;
(ii) clean energy equipment manufacturers;
(iii) technology providers; or
(iv) such other entities as the Secretary
determines to be appropriate.
(B) Disbursement of grants.--A grant provided under
this section shall only be disbursed to a unit of
tribal or local government, or a consortium of those
units, regardless of whether the application is jointly
sponsored under subparagraph (A).
(c) Selection.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and not later than 1 year after the date
on which any subsequent amounts are made available to carry out
this section, the Secretary shall select the units of tribal or
local government and consortia of those units to receive grants
under this section, taking into consideration the factors and
criteria described in paragraphs (2) and (3).
(2) Factors for consideration.--In selecting units of
government and consortia to receive grants under this
subsection, the Secretary--
(A) shall ensure, to the maximum extent
practicable, that--
(i) the combination of selected units is
diverse with respect to--
(I) population, population density,
and demographics;
(II) urban and suburban
composition;
(III) typical commuting patterns;
(IV) climate;
(V) geographical distribution; and
(VI) applicable types of utilities
(including investor-owned, publicly
owned, cooperatively owned,
distribution-only, and vertically
integrated utilities); and
(ii) at least 1 unit of government selected
serves a population of less than 500,000;
(B) in addition to the factors described in
subparagraph (A), may give preference to applicants
proposing a greater non-Federal cost-share;
(C) shall prioritize the provision of grants for
communities that demonstrate affordable modes of
transitioning to clean and renewable energy for
residents of low-income communities and disadvantaged
communities; and
(D) shall take into consideration previous
investments by the Department of Energy and other
Federal departments and agencies to ensure that the
maximum domestic benefit from Federal investments is
realized.
(3) Selection criteria.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, and not later than 90
days after the date on which any subsequent amounts are
made available to carry out this section, the Secretary
shall publish criteria for the selection of units of
tribal and local government to receive grants under
this section.
(B) Application requirements.--The criteria
published by the Secretary under subparagraph (A) shall
include the following application requirements:
(i) A proposed level of cost sharing, in
accordance with subsection (f)(2).
(ii) A description of the relevant
stakeholders that the applicant will involve,
including--
(I) elected and appointed
officials;
(II) all relevant generators and
distributors of electricity;
(III) State utility regulatory
authorities;
(IV) departments of public works
and affordable housing;
(V) community groups or individuals
that can provide expertise regarding
environmental justice considerations;
(VI) entities representing low-
income communities and disadvantaged
communities; and
(VII) third-party providers of
renewable energy and energy efficiency
services.
(iii) A cost proposal describing funds that
would be used to support and ensure the
participation of community groups from all
economic levels in stakeholder meetings.
(iv) A description of the means by which
the planning process will take into
consideration the needs of environmental
justice populations, low-income communities,
and disadvantaged communities.
(v) For planning grants, a proposed
schedule for the planning process.
(vi) For implementation grants--
(I) a proposed implementation
schedule;
(II) a description of--
(aa) the role that energy
efficiency improvements will
play in the implementation
process;
(bb) any technical
assistance the applicant will
seek as part of the
implementation process;
(cc) updated construction
permitting or inspection
processes (or a plan to update
construction permitting or
inspection processes) to allow
for expedited installation of
renewable energy equipment;
(dd) the means by which
local women-owned, minority-
owned, or veteran-owned
businesses will be involved in
the implementation process; and
(ee) any workforce
development and professional
development activities that
will be incorporated into the
implementation process;
(III) a proposed plan for--
(aa) making necessary
utility and grid upgrades,
including a plan for recovering
the cost of the upgrades; and
(bb) monitoring and
evaluating the implementation
of the applicable plan,
including metrics for assessing
the success of implementation
and an approach to updating the
plan, as appropriate; and
(IV) such other merit-based
criteria as the Secretary determines to
be appropriate.
(d) Maximum Amount.--The amount of a grant provided under this
section shall not exceed $1,000,000.
(e) Use of Funds.--A recipient of a grant provided under this
section shall use the grant to design or implement a plan for
transition by the community served by the recipient to 100-percent
clean and renewable energy.
(f) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of each
activity carried out using a grant provided under this
section--
(A) shall be determined by the Secretary in
accordance with paragraph (2), taking into
consideration the receipt of any other Federal funds by
the applicant;
(B) shall be not less than 60 percent; and
(C) may be reduced or eliminated by the Secretary,
as the Secretary determines to be necessary.
(2) Calculation of amount.--In calculating the amount of
the non-Federal share under this section, the Secretary--
(A) may include allowable costs in accordance with
applicable cost principles, including--
(i) cash;
(ii) personnel costs;
(iii) the value of a service, other
resource, or third-party in-kind contribution
determined in accordance with the applicable
circular of the Office of Management and
Budget;
(iv) indirect costs or facilities and
administrative costs; or
(v) any funds received under the power
program of the Tennessee Valley Authority or
any Power Marketing Administration (except to
the extent that such funds are made available
under an annual appropriations Act);
(B) shall include contributions made by State,
tribal, or local government entities and private
entities; and
(C) shall not include--
(i) revenues or royalties from the
prospective operation of an activity beyond the
period covered by the grant; or
(ii) proceeds from the prospective sale of
an asset of an activity.
(3) No repayment of federal share.--The Secretary shall not
require repayment of the Federal share of an activity carried
out using a grant provided under this section as a condition of
providing the grant.
(g) Reports.--
(1) In general.--For purposes of analyzing the grant
program under this section, the Secretary shall--
(A) determine the data required to be submitted to
the Secretary by grant recipients as a condition of
receiving grants; and
(B) develop metrics to evaluate the performance of
the grant recipients.
(2) Privacy protections.--In carrying out this subsection,
the Secretary shall provide appropriate protections for
consumer privacy.
(h) Funding.--The Secretary shall use to carry out this section not
more than $1,000,000,000 for each fiscal year from the Climate Fund.
SEC. 704. CLIMATE JUSTICE RESILIENCY.
(a) Definitions.--In this section:
(1) Climate impacts.--
(A) In general.--The term ``climate impacts'' means
the damage to the health of human and natural
environments, habitats, and the economy caused by
factors such as erratic climate and weather extremes
due to excess carbon pollution in the atmosphere.
(B) Inclusions.--The term ``climate impacts''
includes--
(i) the increased frequency of--
(I) extreme weather, such as
hurricanes, tornadoes, and snowstorms;
(II) floods;
(III) wildfires;
(IV) droughts;
(V) disease; and
(VI) heatwaves;
(ii) sea level rise;
(iii) ocean acidification; and
(iv) altered--
(I) ecosystems and habitats; and
(II) soil health and crop
availability.
(2) Climate justice resiliency project.--The term ``climate
justice resiliency project'' means a project, plan, fund, or
other proposal to mitigate climate impacts on a climate
resiliency hotspot community.
(3) Climate resiliency hotspot community.--The term
``climate resiliency hotspot community'' means a community that
is--
(A) likely to experience climate impacts;
(B) traditionally unable to afford the management
or mitigation of climate impacts; and
(C) likely to receive a high score in the report
described in subsection (i).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) an Indian tribe;
(C) a territory;
(D) a municipality;
(E) a county;
(F) a locality;
(G) a native Hawaiian community; and
(H) a nonprofit community organization.
(b) Establishment.--The Administrator, in consultation with the
Council, shall establish a Climate Justice Resiliency Grant Program to
provide block grants to eligible entities to promote climate justice
resiliency projects described in subsection (g).
(c) Environmental Justice Study.--
(1) In general.--To facilitate administration of grants
under this section, not later than 1 year after the date of
enactment of this Act, the Council shall conduct a county-by-
county or equivalent regional or tribal environmental justice
study to identify climate resiliency hotspot communities.
(2) Requirements.--The study described in paragraph (1)--
(A) shall be conducted in consultation with--
(i) climate resiliency hotspot communities;
and
(ii) communities that are likely to receive
a high score in the report described in
subsection (i);
(B) shall identify localities based on geographical
proximity to climate impacts, socioeconomic, public
health, and environmental hazard criteria; and
(C) may include an area--
(i) that is disproportionately affected by
climate impacts or other hazards that lead to
negative public health effects, exposure, or
environmental degradation;
(ii) with a concentration of individuals
who have--
(I) a low income;
(II) high unemployment;
(III) a low level of homeownership;
(IV) a high rent burden;
(V) a low level of educational
attainment; or
(VI) a disproportionate health
burden; or
(iii) with a climate-sensitive population.
(d) Eligibility for Grant Funds.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Council a
plan for a climate justice resiliency investment for not less
than 5 years that describes climate justice resiliency projects
prioritized based on the study carried out under subsection
(c).
(2) Contents.--The multiyear plan described in paragraph
(1) shall include--
(A) a description of--
(i) the proposed climate justice resiliency
project; and
(ii) the climate resiliency hotspot
communities intended to benefit from the
proposed climate justice resiliency project;
(B) the expected climate resiliency improvement
benefits; and
(C) a funding level request.
(e) Application Process.--The Council shall establish application
requirements for participation in the Climate Justice Resiliency Grant
Program established under subsection (b).
(f) Grant Funds.--The Administrator, in consultation with the
Council, shall award to eligible entities grant funds commensurate with
the duration and scope of the proposed climate justice resiliency
project.
(g) Climate Justice Resiliency Projects.--
(1) In general.--Subject to paragraph (2), an eligible
entity may use grant funds made available under this section to
carry out a climate justice resiliency project, including--
(A) a project related to--
(i) climate impact disaster adaptation and
planning;
(ii) wetland restoration;
(iii) mine reclamation;
(iv) a seawall, levee, or other coastal
flood mitigation effort;
(v) the development of--
(I) a community evacuation plan;
(II) resources for safe and
complete evacuation;
(III) a community plan for
returning after an evacuation; or
(IV) a plan for funding for the
relocation of Indian tribes in the
event of a climate impact disaster;
(vi) brownfields redevelopment;
(vii) rural water and waste disposal;
(viii) lead and asbestos hazard reduction
in homes with high flood, hurricane, or sea
level rise exposure risk;
(ix) flood and wildfire mapping, planning,
and adaptation;
(x) public transportation;
(xi) vehicle traffic emissions exposure
reduction;
(xii) a road or bridge that facilitates
disaster evacuation;
(xiii) a local food cooperative or market;
(xiv) public sewage;
(xv) broadband Internet;
(xvi) a microgrid;
(xvii) air conditioning units for low-
income housing; or
(xviii) emergency communication
infrastructure;
(B) a fund established to assist evacuees to return
home after an evacuation; or
(C) a disaster loan.
(2) Exclusions.--An eligible entity shall not use funds
made available under this section to carry out an activity
relating to--
(A) the generation of electricity;
(B) carbon capture or sequestration; or
(C) a highway.
(h) Cost-Sharing Requirement.--The Council--
(1) shall require eligible entities that receive funds
under this section to enter into a cost-sharing agreement for,
at a minimum, 20 percent of the total cost of the proposed
climate justice resiliency project; and
(2) may, at the discretion of the Council, waive the cost-
sharing requirement described in paragraph (1).
(i) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Council shall submit to the appropriate
committees of Congress a report that describes--
(1) in detail the manner in which this section will be
carried out; and
(2) the results of the study required under subsection (c),
including a score for each locality studied based on the level
of climate impacts experienced by the locality.
(j) Regulations.--The Administrator, in consultation with the
Council, may promulgate regulations to carry out this section.
(k) Funding.--The Administrator shall use to carry out this section
from the Climate Fund not more than--
(1) $2,000,000,000 for the first fiscal year beginning
after the date of enactment of this Act through fiscal year
2030; and
(2) $10,000,000 for each fiscal year thereafter.
TITLE VIII--MISCELLANEOUS
SEC. 801. TAX AMENDMENTS REVIEW.
Not later than December 31, 2035, the Secretary, in consultation
with the Secretary of the Treasury, shall--
(1) review the amendments to the Internal Revenue Code of
1986 made by this Act to determine if the amendments are
effective and should continue; and
(2) report to Congress any recommended modifications to the
amendments.
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