[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2741 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2741
To rebuild and modernize the Nation's infrastructure to expand access
to broadband and Next Generation 9-1-1, rehabilitate drinking water
infrastructure, modernize the electric grid and energy supply
infrastructure, redevelop brownfields, strengthen health care
infrastructure, create jobs, and protect public health and the
environment, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2019
Mr. Pallone (for himself, Mr. Rush, Ms. Eshoo, Mr. Engel, Ms. DeGette,
Mr. Michael F. Doyle of Pennsylvania, Ms. Schakowsky, Mr. Butterfield,
Ms. Matsui, Ms. Castor of Florida, Mr. Sarbanes, Mr. McNerney, Mr.
Welch, Mr. Lujan, Mr. Tonko, Ms. Clarke of New York, Mr. Loebsack, Mr.
Schrader, Mr. Kennedy, Mr. Cardenas, Mr. Ruiz, Mr. Peters, Mrs.
Dingell, Mr. Veasey, Ms. Kuster of New Hampshire, Ms. Kelly of
Illinois, Ms. Barragan, Mr. McEachin, Ms. Blunt Rochester, Mr. Soto,
and Mr. O'Halleran) introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committees on Natural Resources, Science, Space, and Technology, Ways
and Means, Transportation and Infrastructure, and Education and Labor,
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 rebuild and modernize the Nation's infrastructure to expand access
to broadband and Next Generation 9-1-1, rehabilitate drinking water
infrastructure, modernize the electric grid and energy supply
infrastructure, redevelop brownfields, strengthen health care
infrastructure, create jobs, and protect public health and the
environment, 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 ``Leading
Infrastructure for Tomorrow's America Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BROADBAND AND NEXT GENERATION 9-1-1 INFRASTRUCTURE
Subtitle A--Broadband Internet Access Service Program
Sec. 11001. Expansion of broadband access.
Subtitle B--Next Generation 9-1-1
Sec. 12001. Short title.
Sec. 12002. Findings.
Sec. 12003. Sense of Congress.
Sec. 12004. Statement of policy.
Sec. 12005. Coordination of Next Generation 9-1-1 implementation.
Sec. 12006. Savings provision.
Subtitle C--Broadband Infrastructure Finance and Innovation
Sec. 13001. Short title.
Sec. 13002. Definitions.
Sec. 13003. Determination of eligibility and project selection.
Sec. 13004. Secured loans.
Sec. 13005. Lines of credit.
Sec. 13006. Alternative prudential lending standards for small
projects.
Sec. 13007. Program administration.
Sec. 13008. State and local permits.
Sec. 13009. Regulations.
Sec. 13010. Funding.
Sec. 13011. Reports to Congress.
TITLE II--DRINKING WATER INFRASTRUCTURE
Subtitle A--PFAS Infrastructure Grant Program
Sec. 21001. Short title.
Sec. 21002. Establishment of PFAS Infrastructure Grant Program.
Sec. 21003. Definition.
Subtitle B--Extensions
Sec. 22001. Funding.
Sec. 22002. American iron and steel products.
TITLE III--CLEAN ENERGY INFRASTRUCTURE
Subtitle A--Grid Security and Modernization
Part 1--Enhancing Electric Infrastructure Resilience, Reliability, and
Energy Security
Sec. 31101. Program to enhance electric infrastructure resilience,
reliability, and energy security.
Part 2--21st Century Power Grid
Sec. 31201. Grant program for grid modernization projects.
Sec. 31202. Interregional transmission planning report.
Part 3--Energy Efficient Transformer Rebate Program
Sec. 31301. Energy Efficient Transformer Rebate Program.
Part 4--Strategic Transformer Reserve Program
Sec. 31401. Strategic Transformer Reserve Program.
Subtitle B--Energy Efficient Infrastructure
Part 1--Efficiency Grants for State and Local Governments
Sec. 32101. Energy efficient public buildings.
Sec. 32102. Energy efficiency and conservation block grant program.
Part 2--Smart Building Acceleration
Sec. 32201. Short title.
Sec. 32202. Findings.
Sec. 32203. Definitions.
Sec. 32204. Federal smart building program.
Sec. 32205. Survey of private sector smart buildings.
Sec. 32206. Leveraging existing programs.
Sec. 32207. Report.
Part 3--Weatherization Assistance Program
Sec. 32301. Short title.
Sec. 32302. Weatherization assistance program.
Sec. 32303. Report on waivers.
Part 4--Smart Energy and Water Efficiency
Sec. 32401. Short title.
Sec. 32402. Smart energy and water efficiency program.
Part 5--Accelerated Adoption of Energy Efficient Engines and Vehicles
Sec. 32501. Reauthorization of diesel emissions reduction program.
Sec. 32502. Reauthorization of clean school buses program.
Part 6--Energy Improvements at Public School Facilities
Sec. 32601. Grants for energy efficiency improvements and renewable
energy improvements at public school
facilities.
Part 7--Homeowner Managing Energy Savings
Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Home Energy Savings Retrofit Rebate Program.
Sec. 32704. Contractors.
Sec. 32705. Rebate aggregators.
Sec. 32706. Quality assurance providers.
Sec. 32707. Transferability of home energy savings rebate.
Sec. 32708. Home Energy Savings Retrofit Rebate Program.
Sec. 32709. Grants to States and Indian Tribes.
Sec. 32710. Quality assurance program.
Sec. 32711. Evaluation report to Congress.
Sec. 32712. Administration.
Sec. 32713. Treatment of rebates.
Sec. 32714. Penalties.
Sec. 32715. Funding.
Sec. 32716. Pilot program.
Subtitle C--Energy Supply Infrastructure
Part 1--Low-Income Solar
Sec. 33101. Short title.
Sec. 33102. Loan and grant program for solar installations in low-
income and underserved areas.
Part 2--Safe, Affordable, and Environmentally Sound Natural Gas
Distribution
Sec. 33201. Improving the natural gas distribution system.
Part 3--Clean Distributed Energy Program
Sec. 33301. Short title.
Sec. 33302. Definitions.
Sec. 33303. Distributed energy loan program.
Sec. 33304. Technical assistance and grant program.
Part 4--Strategic Petroleum Reserve Improvements
Sec. 33401. Strategic Petroleum Reserve improvements.
Part 5--Refined Product Reserves
Sec. 33501. Refined product reserves.
Part 6--Department of Energy Office of Indian Energy
Sec. 33601. Amendment to reauthorize programs to assist Indian Tribes.
Subtitle D--Smart Communities Infrastructure
Part 1--Smart Communities
Sec. 34101. 3C Energy Program.
Sec. 34102. Federal technology assistance.
Sec. 34103. Technology demonstration grant program.
Sec. 34104. Smart city or community.
Part 2--Clean Cities Coalition Program
Sec. 34201. Clean Cities Coalition Network program.
Part 3--Electric Vehicle Infrastructure
Sec. 34301. Statement of national policy.
Sec. 34302. Definitions.
Sec. 34303. Model building code for electric vehicle supply equipment.
Sec. 34304. Utility electric vehicle charging programs.
Sec. 34305. State transportation electrification planning grants.
Sec. 34306. Electric vehicle supply equipment coordination.
Sec. 34307. Authorization of appropriations.
TITLE IV--HEALTH CARE INFRASTRUCTURE
Subtitle A--Hospital Infrastructure
Sec. 41001. Hospital infrastructure.
Subtitle B--Indian Health Program Health Care Infrastructure
Sec. 42001. 21st century Indian health program hospitals and outpatient
health care facilities.
Subtitle C--Laboratory Infrastructure
Sec. 43001. Pilot program to improve laboratory infrastructure.
Subtitle D--Community-Based Care Infrastructure
Sec. 44001. Pilot program to improve community-based care
infrastructure.
Subtitle E--Public Health Infrastructure
Sec. 45001. Public health data system transformation.
Sec. 45002. Core public health infrastructure for State, local, and
Tribal health departments.
Sec. 45003. Core public health infrastructure and activities for CDC.
TITLE V--BROWNFIELDS REDEVELOPMENT
Sec. 50001. Authorization of appropriations.
Sec. 50002. State response programs.
TITLE I--BROADBAND AND NEXT GENERATION 9-1-1 INFRASTRUCTURE
Subtitle A--Broadband Internet Access Service Program
SEC. 11001. EXPANSION OF BROADBAND ACCESS.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following new section:
``SEC. 14. EXPANSION OF BROADBAND ACCESS.
``(a) Program Established.--Not later than 180 days after the date
of the enactment of this section, the Commission, in consultation with
the Assistant Secretary, shall establish a program to expand access to
broadband for unserved areas, underserved areas, and unserved anchor
institutions in accordance with the requirements of this section that--
``(1) is separate from any universal service program
established pursuant to section 254; and
``(2) does not require funding recipients to be designated
as eligible telecommunications carriers under section 214(e).
``(b) Use of Program Funds.--
``(1) Expanding access to broadband through national
reverse auction.--Not later than 18 months after the date of
the enactment of this section, the Commission shall award 75
percent of the amounts appropriated under subsection (h)
through a national reverse auction to funding recipients only
to expand access to broadband in unserved areas.
``(2) Expanding access to broadband through states.--
``(A) Distribution of funds to states.--Not later
than 255 days after the date of the enactment of this
section, the Commission shall distribute 25 percent of
the amounts appropriated under subsection (h) among the
States, in direct proportion to the population of each
State.
``(B) Public notice.--Not later than 195 days after
the date of the enactment of this section, the
Commission shall issue a public notice informing each
State and the public of the amounts to be distributed
under this paragraph. The notice shall include--
``(i) the manner in which a State shall
inform the Commission of that State's
acceptance or acceptance in part of the amounts
to be distributed under this paragraph;
``(ii) the date (which is 30 days after the
date on which the public notice is issued) by
which such acceptance or acceptance in part is
due; and
``(iii) the requirements as set forth under
this section and as may be further prescribed
by the Commission.
``(C) Acceptance by states.--Not later than 30 days
after the date on which the public notice is issued
under subparagraph (B), each State accepting amounts to
be distributed under this paragraph shall inform the
Commission of the acceptance or acceptance in part by
the State of the amounts to be distributed under this
paragraph in the manner described by the Commission in
the public notice.
``(D) Requirements for state receipt of amounts
distributed.--Each State accepting amounts distributed
under this paragraph--
``(i) shall only award such amounts through
a statewide reverse auction or auctions, in the
manner prescribed by the State but subject to
the requirements as set forth under this
section and as may be further prescribed by the
Commission;
``(ii) shall make such awards only--
``(I) to funding recipients to
expand access to broadband in unserved
areas;
``(II) to funding recipients to
expand access to broadband to unserved
anchor institutions; or
``(III) to funding recipients to
expand access to broadband in
underserved areas, but only if a State
does not have, or no longer has, any
unserved areas;
``(iii) shall conduct separate reverse
auctions for awards made to unserved anchor
institutions under clause (ii)(II), if a State
awards any funding provided by this section to
unserved anchor institutions;
``(iv) shall return any unused portion of
such amounts to the Commission within 10 years
after the date of the enactment of this section
and shall submit a certification to the
Commission before receiving such amounts that
the State will return such amounts; and
``(v) may not use more than 5 percent of
the amounts distributed under this paragraph to
administer a reverse auction or auctions
authorized by this paragraph.
``(E) Distribution of remaining funds.--In the case
of any amounts remaining after the amounts appropriated
are distributed as described in subparagraph (A), the
Commission shall transfer such amounts to the grant
program established under section 159 of the National
Telecommunications and Information Administration
Organization Act.
``(3) Coordination of federal and state funding.--The
Commission shall establish processes through the rulemaking
under subsection (e) to--
``(A) enable States to conduct statewide reverse
auctions as part of, or in coordination with, the
national reverse auction;
``(B) assist States in conducting statewide reverse
auctions;
``(C) coordinate with States to ensure that program
funds awarded by the Commission and program funds
awarded by the States are not used to expand access to
broadband in the same unserved areas; and
``(D) coordinate with other Federal programs that
expand access to broadband, such as the Connect America
Fund or the Broadband e-Connectivity Pilot Program, to
ensure the efficient use of program funds.
``(c) Program Requirements.--
``(1) Technology neutrality required.--Any entity
administering a reverse auction (either the State or the
Commission) in making awards may not favor a project using any
particular technology.
``(2) Funds preference.--There shall be a preference, as
determined by the entity administering the reverse auction
(either the State or the Commission), for bidders in a reverse
auction proposing projects--
``(A) with at least 20 percent matching funds from
private sources;
``(B) that would expand access to broadband on
tribal lands, as defined by the Commission;
``(C) that would provide higher speeds than those
specified in subsection (d)(2);
``(D) that would expand access to broadband in
advance of the time specified in subsection (e)(5); or
``(E) that would expand access to broadband to
areas where the median household income is below 150
percent of the poverty threshold as defined by the
Bureau of the Census.
``(3) Unserved and underserved areas.--In determining
whether an area is an unserved area or an underserved area or
whether an anchor institution is an unserved anchor institution
for any reverse auction authorized under this section, the
Commission shall implement the following requirements through
the rulemaking described in subsection (e):
``(A) Data for initial determination.--To make an
initial determination as to whether an area is an
unserved area or an underserved area or whether an
anchor institution is an unserved anchor institution,
the Commission shall--
``(i) to the extent practicable, use the
National Broadband Availability Map, updated
pursuant to the Consolidated Appropriations
Act, 2018 (Public Law 115-141);
``(ii) consider other data on access to
broadband obtained or purchased by the
Commission;
``(iii) consider other publicly available
data or information on access to broadband;
``(iv) consider other publicly available
data or information on State broadband
deployment programs; and
``(v) not determine an area is not an
unserved area or an underserved area on the
basis that one location within such area does
not meet the definition of an unserved area or
an underserved area.
``(B) Initial determination.--The Commission shall
make an initial determination of the areas that are
unserved areas or underserved areas and which anchor
institutions are unserved anchor institutions not later
than 270 days after the date of the enactment of this
section.
``(C) Challenge of determination.--
``(i) In general.--The Commission shall
provide for a process for challenging any
initial determination regarding whether an area
is an unserved area or an underserved area or
whether an anchor institution is an unserved
anchor institution that, at a minimum, provides
not less than 45 days for a person to
voluntarily submit information concerning--
``(I) the broadband offered in the
area; or
``(II) the broadband offered to the
anchor institution.
``(ii) Streamlined process.--The Commission
shall ensure that such process is sufficiently
streamlined such that a reasonably prudent
person may easily participate to challenge such
initial determination with little burden on
such person.
``(D) Final determination.--The Commission shall
make a final determination of the areas that are
unserved areas or underserved areas and which anchor
institutions are unserved anchor institutions within 1
year after the date of the enactment of this section.
``(4) Notice, transparency, accountability, and oversight
required.--The program shall contain sufficient notice,
transparency, accountability, and oversight measures to provide
the public with notice of the assistance provided under this
section, and to deter waste, fraud, and abuse of program funds.
``(5) Competence.--The program shall contain sufficient
processes and requirements, as established by the entity
administering the reverse auction (either the State or the
Commission), to ensure funding recipients participating in such
a reverse auction--
``(A) are capable of carrying out the project in a
competent manner in compliance with all applicable
Federal, State, and local laws; and
``(B) have the financial capacity to meet the
buildout obligations of the project and requirements as
set forth under this section and as may be further
prescribed by the Commission.
``(6) Contracting requirements.--Any laborer or mechanic
employed by any contractor or subcontractor in the performance
of work on any project under this section shall be paid wages
at rates not less than those prevailing on similar construction
in the locality as determined by the Secretary of Labor under
subchapter IV of chapter 31 of title 40, United States Code
(commonly referred to as the Davis-Bacon Act).
``(d) Project Requirements.--Any project funded through the program
shall meet the following requirements:
``(1) The project shall adhere to quality-of-service
standards as established by the Commission.
``(2) The project shall offer broadband with a download
speed of at least 100 megabits per second, an upload speed of
at least 20 megabits per second, and a latency that is
sufficiently low to allow real-time, interactive applications.
``(3) For any project that involves laying fiber-optic
cables along a roadway, the project shall include interspersed
conduit access points at regular and short intervals.
``(4) The project may not offer broadband that does not, at
a minimum, provide a download speed of at least 25 megabits per
second, an upload speed of at least 3 megabits per second, and
a latency that is sufficiently low to allow real-time,
interactive applications.
``(5) The project shall incorporate prudent cybersecurity
and supply chain risk management practices, as specified by the
Commission, through the rulemaking described in subsection (e),
in consultation with the Director of the National Institute of
Standards and Technology and the Assistant Secretary.
``(6) The project shall incorporate best practices, as
defined by the Commission, for ensuring reliability and
resiliency of the network during disasters.
``(7) Any funding recipient must agree to have the project
meet the requirements established under section 224, as if the
project were classified as a `utility' under such section.
``(e) Rulemaking and Distribution and Award of Funds.--Not later
than 180 days after the date of the enactment of this section, the
Commission, in consultation with the Assistant Secretary, shall
promulgate rules--
``(1) that implement the requirements of this section, as
appropriate, including the program requirements of subsections
(a), (b), and (c) and the project requirements of subsection
(d);
``(2) that establish the design of and rules for the
nationwide reverse auction;
``(3) that establish notice requirements for all reverse
auctions authorized under this section that, at a minimum,
provide the public with notice of--
``(A) the initial determination of which areas are
unserved areas or underserved areas;
``(B) the final determination of which areas are
unserved areas or underserved areas after the process
for challenging the initial determination has
concluded;
``(C) which entities have applied to bid for
funding; and
``(D) the results of any reverse auctions,
including identifying the funding recipients, which
areas each project will serve, the nature of the
service that will be provided by the project in each of
those areas, and how much funding the funding
recipients will receive in each of those areas;
``(4) that establish broadband buildout milestones and
periodic certification by funding recipients to ensure
compliance with the broadband buildout milestones for all
reverse auctions authorized under this section;
``(5) that establish a maximum buildout timeframe of four
years beginning on the date on which funding is provided under
this section for any project by a funding recipient for a
project under this section;
``(6) that establish periodic reporting requirements for
funding recipients of projects and that identify, at a minimum,
the nature of the service provided in each area for any reverse
auction authorized under this section;
``(7) that establish standard penalties for the
noncompliance of funding recipients or projects with the
requirements as set forth under this section and as may be
further prescribed by the Commission for any reverse auction
authorized under this section;
``(8) that establish procedures for recovery of funds, in
whole or in part, from funding recipients in the event of the
default or noncompliance of the funding recipient or project
with the requirements established under this section for any
reverse auction authorized under this section; and
``(9) that establish mechanisms to reduce waste, fraud, and
abuse within the program for any reverse auction authorized
under this section.
``(f) Reports Required.--
``(1) Inspector general and comptroller general report.--
Not later than June 30 and December 31 of each year following
the awarding of the first funds under the program, the
Inspector General of the Commission and the Comptroller General
of the United States shall submit to the Committees on Energy
and Commerce of the House of Representatives and Commerce,
Science, and Transportation of the Senate a report for the
previous 6 months that reviews the program. Such report shall
include any recommendations to address waste, fraud, and abuse.
``(2) State reports.--Any State that receives funds under
the program shall submit an annual report to the Commission on
how such funds were spent, along with a certification of
compliance with the requirements as set forth under this
section and as may be further prescribed by the Commission,
including a description of each service provided and the number
of individuals to whom the service was provided.
``(g) Definitions.--In this section:
``(1) Anchor institution.--The term `anchor institution'
means a public or private school, a library, a medical or
healthcare provider, a museum, a public safety entity, public
housing, a community college, an institution of higher
education, or any other community support organization or
agency.
``(2) Area.--The term `area' means the geographic unit of
measurement with the greatest level of granularity reasonably
feasible for the Commission to use in making eligibility
determinations under this section and in meeting the
requirements and deadlines of this section.
``(3) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Commerce for Communications
and Information.
``(4) Broadband.--The term `broadband'--
``(A) means broadband internet access service that
is a mass-market retail service, or a service provided
to an anchor institution, by wire or radio that
provides the capability to transmit data to and receive
data from all or substantially all internet endpoints,
including any capabilities that are incidental to and
enable the operation of the communications service;
``(B) includes any service that is a functional
equivalent of the service described in subparagraph
(A); and
``(C) does not include dial-up internet access
service.
``(5) Funding recipient.--The term `funding recipient'
means an entity that receives funding for a project under this
section.
``(6) Program.--Unless otherwise indicated, the term
`program' means the program established under subsection (a).
``(7) Project.--The term `project' means an undertaking by
a funding recipient under this section to construct and deploy
infrastructure for the provision of broadband.
``(8) Reverse auction.--The term `reverse auction' means an
auction in which bids are submitted for a particular project
and the bids serving the most locations for the lowest cost to
the entity administering the reverse auction (either the State
or the Commission), taking into consideration the funding
preferences in subsection (c)(2) are selected for funding.
``(9) Underserved area.--The term `underserved area' means
an area that has access to broadband offered--
``(A) with a download speed of at least 25 megabits
per second and not more than 99 megabits per second;
``(B) with an upload speed of at least 10 megabits
per second; and
``(C) with latency that is sufficiently low to
allow real-time, interactive applications.
``(10) Unserved anchor institution.--The term `unserved
anchor institution' means an anchor institution that has no
access to broadband or does not have access to broadband
offered--
``(A) with a download speed of at least 1 gigabit
per second;
``(B) with an upload speed of at least 1 gigabit
per second; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(11) Unserved area.--The term `unserved area' means an
area that has no access to broadband or does not have access to
broadband offered--
``(A) with a download speed of at least 25 megabits
per second;
``(B) with an upload speed of at least 3 megabits
per second; and
``(C) with latency that is sufficiently low to
allow real-time, interactive applications.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission $40,000,000,000 for fiscal year 2020 to
carry out the program and such amount is authorized to remain available
for 10 years.''.
Subtitle B--Next Generation 9-1-1
SEC. 12001. SHORT TITLE.
This subtitle may be cited as the ``Next Generation 9-1-1 Act of
2019''.
SEC. 12002. FINDINGS.
Congress makes the following findings:
(1) The 9-1-1 systems of the United States, while a model
for the entire world, lack the advanced functionality,
interoperability, and capabilities that come with the adoption
of new digital communications technologies.
(2) Communications technologies currently available to the
public, including first responders and other public safety
personnel, have substantially outpaced the legacy
communications technologies still used by most emergency
communications centers in the 9-1-1 systems of the United
States.
(3) This lack of modern technology, when coupled with other
challenges, is impacting the ability of the 9-1-1 systems of
the United States to efficiently and effectively provide
responses to emergencies.
(4) Modernizing the 9-1-1 systems of the United States to
incorporate the new and evolving capabilities of broadband
voice and data communications is essential for the safety and
security of the public, including first responders and other
public safety personnel.
(5) Efforts to modernize the 9-1-1 systems of the United
States to date, while laudable and important, have been limited
due to a lack of funding and inconsistent or unclear policies
related to the governance, deployment, and operations of Next
Generation 9-1-1.
(6) A nationwide strategy for Next Generation 9-1-1 has
become essential to help guide the transition and create a
common framework for implementation of Next Generation 9-1-1
while preserving State, regional, and local control over the
governance and technology choices of the 9-1-1 systems of the
United States.
(7) Accelerated implementation of Next Generation 9-1-1
will--
(A) increase compatibility with emerging
communications trends;
(B) enhance the flexibility, reliability, and
survivability of the 9-1-1 systems of the United States
during major incidents;
(C) improve emergency response for the public,
including first responders and other public safety
personnel;
(D) promote the interoperability of the 9-1-1
systems of the United States with emergency response
providers including users of the Nationwide Public
Safety Broadband Network being deployed by the First
Responder Network Authority; and
(E) increase the cost effectiveness of operating
the 9-1-1 systems of the United States.
SEC. 12003. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the 9-1-1 professionals in the United States perform
important and lifesaving work every day, and need the tools and
communications technologies to perform the work effectively in
a world with digital communications technologies;
(2) the transition from the legacy communications
technologies used in the 9-1-1 systems of the United States to
Next Generation 9-1-1 is a national priority and a national
imperative;
(3) the United States should complete the transition
described in paragraph (2) as soon as practicable;
(4) the United States should develop a nationwide framework
that facilitates cooperation among Federal, State, and local
officials on deployment of Next Generation 9-1-1 in order to
meet that goal;
(5) the term ``Public Safety Answering Point'' becomes
outdated in a broadband environment and 9-1-1 centers are
increasingly and appropriately being referred to as emergency
communications centers; and
(6) 9-1-1 authorities and emergency communications centers
should have sufficient resources to implement Next Generation
9-1-1, including resources to support associated geographic
information systems (commonly known as ``GIS''), and
cybersecurity measures.
SEC. 12004. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) Next Generation 9-1-1 should be technologically and
competitively neutral;
(2) Next Generation 9-1-1 should be interoperable;
(3) the governance and control of the 9-1-1 systems of the
United States, including Next Generation 9-1-1, should remain
at the State, regional, and local level; and
(4) individuals in the United States should receive
information on how to best utilize Next Generation 9-1-1 and on
its capabilities and usefulness.
SEC. 12005. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
Part C of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et seq.) is
amended by adding at the end the following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Additional Functions of 9-1-1 Implementation Coordination
Office.--
``(1) Authority.--The Office shall implement the provisions
of this section.
``(2) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop and may modify a management
plan for the grant program established under this
section, including by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the duration of such program.
``(B) Submission to congress.--Not later than 90
days after the date of the enactment of this section or
90 days after the date on which the plan is modified,
as applicable, the Assistant Secretary and the
Administrator shall submit the management plan
developed under subparagraph (A) to--
``(i) the Committees on Commerce, Science,
and Transportation and Appropriations of the
Senate; and
``(ii) the Committees on Energy and
Commerce and Appropriations of the House of
Representatives.
``(3) Purpose of office.--The Office shall--
``(A) take actions, in concert with coordinators
designated in accordance with subsection (b)(3)(A)(ii),
to improve coordination and communication with respect
to the implementation of Next Generation 9-1-1;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of Next Generation 9-1-1;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (b)(3)(A)(iii);
``(D) receive, review, and recommend the approval
or disapproval of applications for grants under
subsection (b); and
``(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(4) Reports.--The Assistant Secretary and the
Administrator shall provide an annual report to Congress by the
first day of October of each year on the activities of the
Office to improve coordination and communication with respect
to the implementation of Next Generation 9-1-1.
``(b) Next Generation 9-1-1 Implementation Grants.--
``(1) Matching grants.--The Assistant Secretary and the
Administrator, acting through the Office, shall provide grants
to eligible entities for--
``(A) the implementation of Next Generation 9-1-1;
``(B) establishing and maintaining Next Generation
9-1-1;
``(C) training directly related to Next Generation
9-1-1;
``(D) public outreach and education on how best to
use Next Generation 9-1-1 and on its capabilities and
usefulness; and
``(E) administrative costs associated with planning
and implementation of Next Generation 9-1-1, including
costs related to planning for and preparing an
application and related materials as required by this
section, if--
``(i) such costs are fully documented in
materials submitted to the Office; and
``(ii) such costs are reasonable and
necessary and do not exceed 5 percent of the
total grant award.
``(2) Matching requirement.--The Federal share of the cost
of a project eligible for a grant under this section shall not
exceed 80 percent.
``(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary and the Administrator
shall require an eligible entity to certify in its application
that--
``(A) in the case of an eligible entity that is a
State, the entity--
``(i) has coordinated the application with
the emergency communications centers located
within the jurisdiction of such entity;
``(ii) has designated a single officer or
governmental body to serve as the State point
of contact to coordinate the implementation of
Next Generation 9-1-1 for that State, except
that such designation need not vest such
coordinator with direct legal authority to
implement Next Generation 9-1-1 or to manage
emergency communications operations; and
``(iii) has developed and submitted a State
plan for the coordination and implementation of
Next Generation 9-1-1 that--
``(I) ensures interoperability by
requiring the use of commonly accepted
standards;
``(II) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(III) incorporates the use of
effective cybersecurity resources;
``(IV) uses open and competitive
request for proposal processes, or the
applicable State equivalent, for
deployment of Next Generation 9-1-1;
``(V) includes input from relevant
emergency communications centers,
regional authorities, local
authorities, and Tribal authorities;
and
``(VI) includes a governance body
or bodies, either by creation of new or
use of existing body or bodies, for the
development and deployment of Next
Generation 9-1-1 that--
``(aa) includes relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii); or
``(B) in the case of an eligible entity that is not
a State, the entity has complied with clauses (i) and
(iii) of subparagraph (A), and the State in which the
entity is located has complied with clause (ii) of such
subparagraph.
``(4) Criteria.--
``(A) In general.--Not later than 9 months after
the date of enactment of this section, the Assistant
Secretary and the Administrator shall issue
regulations, after providing the public with notice and
an opportunity to comment, prescribing the criteria for
selection for grants under this section.
``(B) Requirements.--The criteria shall--
``(i) include performance requirements and
a schedule for completion of any project to be
financed by a grant under this section; and
``(ii) specifically permit regional or
multi-State applications for funds.
``(C) Updates.--The Assistant Secretary and the
Administrator shall update such regulations as
necessary.
``(5) Grant certifications.--Each applicant for a grant
under this section shall certify to the Assistant Secretary and
the Administrator at the time of application, and each
applicant that receives such a grant shall certify to the
Assistant Secretary and the Administrator annually thereafter
during any period of time the funds from the grant are
available to the applicant, that--
``(A) no portion of any designated 9-1-1 charges
imposed by a State or other taxing jurisdiction within
which the applicant is located are being obligated or
expended for any purpose other than the purposes for
which such charges are designated or presented during
the period beginning 180 days immediately preceding the
date on which the application was filed and continuing
through the period of time during which the funds from
the grant are available to the applicant;
``(B) any funds received by the applicant will be
used to support deployment of Next Generation 9-1-1
that ensures interoperability by requiring the use of
commonly accepted standards;
``(C) the State in which the applicant resides has
established, or has committed to establish no later
than 3 years following the date on which the funds are
distributed to the applicant, a sustainable funding
mechanism for Next Generation 9-1-1 to be deployed
pursuant to the grant;
``(D) the applicant will promote interoperability
between Next Generation 9-1-1 emergency communications
centers and emergency response providers including
users of the nationwide public safety broadband network
implemented by the First Responder Network Authority;
``(E) the applicant has or will take steps to
coordinate with adjoining States to establish and
maintain Next Generation 9-1-1; and
``(F) the applicant has developed a plan for public
outreach and education on how to best use Next
Generation 9-1-1 and on its capabilities and
usefulness.
``(6) Condition of grant.--Each applicant for a grant under
this section shall agree, as a condition of receipt of the
grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time
during which the funds from the grant are available to the
applicant, fails to comply with the certifications required
under paragraph (5), all of the funds from such grant shall be
returned to the Office.
``(7) Penalty for providing false information.--Any
applicant that provides a certification under paragraph (5)
knowing that the information provided in the certification was
false shall--
``(A) not be eligible to receive the grant under
this subsection;
``(B) return any grant awarded under this
subsection during the time that the certification was
not valid; and
``(C) not be eligible to receive any subsequent
grants under this subsection.
``(8) Prohibition.--No grant funds under this subsection
may be used--
``(A) for any component of the Nationwide Public
Safety Broadband Network; or
``(B) to make any payments to a person who has
been, for reasons of national security, prohibited by
any entity of the Federal Government from bidding on a
contract, participating in an auction, or receiving a
grant.
``(c) Funding and Termination.--
``(1) In general.--In addition to any funds authorized for
grants under section 158, there is authorized to be
appropriated $12,000,000,000 for fiscal years 2020 through
2024.
``(2) Administrative costs.--The Office may use up to 5
percent of the funds authorized under this subsection for
reasonable and necessary administrative costs associated with
the grant program.
``(d) Definitions.--In this section:
``(1) 9-1-1 request for emergency assistance.--The term `9-
1-1 request for emergency assistance' means a communication,
such as voice, text, picture, multimedia, or any other type of
data that is sent to an emergency communications center for the
purpose of requesting emergency assistance.
``(2) Commonly accepted standards.--The term `commonly
accepted standards' means--
``(A) the technical standards followed by the
communications industry for network, device, and
Internet Protocol connectivity, including but not
limited to, standards developed by the Third Generation
Partnership Project (3GPP), the Institute of Electrical
and Electronics Engineers (IEEE), the Alliance for
Telecommunications Industry Solutions (ATIS), the
Internet Engineering Taskforce (IETF), and the
International Telecommunications Union (ITU); and
``(B) standards that are accredited by a recognized
authority such as the American National Standards
Institute (ANSI).
``(3) Designated 9-1-1 charges.--The term `designated 9-1-1
charges' means any taxes, fees, or other charges imposed by a
State or other taxing jurisdiction that are designated or
presented as dedicated to deliver or improve 9-1-1 services,
E9-1-1 services, or Next Generation 9-1-1.
``(4) Eligible entity.--The term `eligible entity'--
``(A) means a State, local government, or a tribal
organization (as defined in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b(l)));
``(B) includes public authorities, boards,
commissions, and similar bodies created by one or more
eligible entities described in subparagraph (A) to
coordinate or provide Next Generation 9-1-1; and
``(C) does not include any entity that has failed
to submit--
``(i) the certifications required under
subsection (b)(5); and
``(ii) the most recently required
certification under subsection (c) within 30
days after the date on which such certification
is due.
``(5) Emergency communications center.--The term `emergency
communications center' means a facility that is designated to
receive a 9-1-1 request for emergency assistance and perform
one or more of the following functions:
``(A) Process and analyze 9-1-1 requests for
emergency assistance and other gathered information.
``(B) Dispatch appropriate emergency response
providers.
``(C) Transfer or exchange 9-1-1 requests for
emergency assistance and other gathered information
with other emergency communications centers and
emergency response providers.
``(D) Analyze any communications received from
emergency response providers.
``(E) Support incident command functions.
``(6) Emergency response provider.--The term `emergency
response provider' has the meaning given that term under
section 2 of the Homeland Security Act (47 U.S.C. 101(6)),
emergency response providers includes Federal, State, and local
governmental and nongovernmental emergency public safety, fire,
law enforcement, emergency response, emergency medical
(including hospital emergency facilities), and related
personnel, agencies, and authorities).
``(7) Interoperable.--The term `interoperable' or
`interoperability' means the capability of emergency
communications centers to receive 9-1-1 requests for emergency
assistance and related data such as location information and
callback numbers from the public, then process and share the 9-
1-1 requests for emergency assistance and related data with
other emergency communications centers and emergency response
providers, regardless of jurisdiction, equipment, device,
software, service provider, or other relevant factors, and
without the need for proprietary interfaces.
``(8) Nationwide.--The term `nationwide' means all States
of the United States, the District of Columbia, Puerto Rico,
American Samoa, Guam, the United States Virgin Islands, the
Northern Mariana Islands, any other territory or possession of
the United States, and each federally recognized Indian tribe.
``(9) Nationwide public safety broadband network.--The term
`nationwide public safety broadband network' has the meaning
given the term in section 6001 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1401).
``(10) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an interoperable, secure, Internet Protocol-based
system that--
``(A) employs commonly accepted standards;
``(B) enables the appropriate emergency
communications centers to receive, process, and analyze
all types of 9-1-1 requests for emergency assistance;
``(C) acquires and integrates additional
information useful to handling 9-1-1 requests for
emergency assistance; and
``(D) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(11) Office.--The term `Office' means the Next Generation
9-1-1 Implementation Coordination Office established under
section 158 of this title.
``(12) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.
``(13) Sustainable funding mechanism.--The term
`sustainable funding mechanism' means a funding mechanism that
provides adequate revenues to cover ongoing expenses, including
operations, maintenance, and upgrades.''.
SEC. 12006. SAVINGS PROVISION.
Nothing in this subtitle or any amendment made by this subtitle
shall affect any application pending or grant awarded under section 158
of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 942) prior to date of the enactment of this
Act.
Subtitle C--Broadband Infrastructure Finance and Innovation
SEC. 13001. SHORT TITLE.
This subtitle may be cited as the ``Broadband Infrastructure
Finance and Innovation Act of 2019''.
SEC. 13002. DEFINITIONS.
In this subtitle:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) BIFIA program.--The term ``BIFIA program'' means the
broadband infrastructure finance and innovation program
established under this subtitle.
(3) Broadband service.--The term ``broadband service''--
(A) means broadband internet access service that is
a mass-market retail service, or a service provided to
an entity described in paragraph (12)(B)(ii), by wire
or radio that provides the capability to transmit data
to and receive data from all or substantially all
internet endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service;
(B) includes any service that is a functional
equivalent of the service described in subparagraph
(A); and
(C) does not include dial-up internet access
service.
(4) Eligible project costs.--The term ``eligible project
costs'' means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a project,
including the cost of--
(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, historic preservation review,
permitting, preliminary engineering and design work,
and other preconstruction activities;
(B) construction and deployment phase activities,
including--
(i) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land relating to the
project and improvements to land), equipment,
instrumentation, networking capability,
hardware and software, and digital network
technology;
(ii) environmental mitigation; and
(iii) construction contingencies; and
(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds,
capital issuance expenses, and other carrying costs
during construction and deployment.
(5) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan, loan guarantee, or line of
credit authorized to be made available under the BIFIA program
with respect to a project.
(6) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher assigned by a rating agency to project
obligations.
(7) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the Securities
and Exchange Commission and issued under the Securities Act of
1933 (15 U.S.C. 77a et seq.)), including--
(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986)
that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer.
(8) Letter of interest.--The term ``letter of interest''
means a letter submitted by a potential applicant prior to an
application for credit assistance in a format prescribed by the
Assistant Secretary on the website of the BIFIA program that--
(A) describes the project and the location,
purpose, and cost of the project;
(B) outlines the proposed financial plan, including
the requested credit assistance and the proposed
obligor;
(C) provides a status of environmental review; and
(D) provides information regarding satisfaction of
other eligibility requirements of the BIFIA program.
(9) Line of credit.--The term ``line of credit'' means an
agreement entered into by the Assistant Secretary with an
obligor under section 13005 to provide a direct loan at a
future date upon the occurrence of certain events.
(10) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Assistant Secretary to pay all
or part of the principal of and interest on a loan or other
debt obligation issued by an obligor and funded by a lender.
(11) Obligor.--The term ``obligor'' means a party that--
(A) is primarily liable for payment of the
principal of or interest on a Federal credit
instrument; and
(B) may be a corporation, company, partnership,
joint venture, trust, or governmental entity, agency,
or instrumentality.
(12) Project.--The term ``project'' means a project--
(A) to construct and deploy infrastructure for the
provision of broadband service; and
(B) that the Assistant Secretary determines will--
(i) provide access or improved access to
broadband service to consumers residing in
areas of the United States that have no access
to broadband service or do not have access to
broadband service offered--
(I) with a download speed of at
least 25 megabits per second;
(II) with an upload speed of at
least 3 megabits per second; and
(III) with latency that is
sufficiently low to allow real-time,
interactive applications; or
(ii) provide access or improved access to
broadband service to--
(I) schools, libraries, medical and
healthcare providers, community
colleges and other institutions of
higher education, and other community
support organizations and entities to
facilitate greater use of broadband
service by or through such
organizations;
(II) organizations and agencies
that provide outreach, access,
equipment, and support services to
facilitate greater use of broadband
service by low-income, unemployed,
aged, and otherwise vulnerable
populations;
(III) job-creating strategic
facilities located within a State-
designated economic zone, Economic
Development District designated by the
Department of Commerce, Renewal
Community or Empowerment Zone
designated by the Department of Housing
and Urban Development, or Enterprise
Community designated by the Department
of Agriculture; or
(IV) public safety agencies.
(13) Project obligation.--The term ``project obligation''
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
(14) Public authority.--The term ``public authority'' means
a Federal, State, county, town, or township, Indian Tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain
infrastructure for the provision of broadband service.
(15) Rating agency.--The term ``rating agency'' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
(16) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an obligor and
funded by the Assistant Secretary in connection with the
financing of a project under section 13004.
(17) Small project.--The term ``small project'' means a
project having eligible project costs that are reasonably
anticipated not to equal or exceed $20,000,000.
(18) State.--The term ``State'' has the meaning given such
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(19) Subsidy amount.--The term ``subsidy amount'' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument--
(A) calculated on a net present value basis; and
(B) excluding administrative costs and any
incidental effects on governmental receipts or outlays
in accordance with the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
(20) Substantial completion.--The term ``substantial
completion'' means, with respect to a project receiving credit
assistance under the BIFIA program--
(A) the commencement of the provision of broadband
service using the infrastructure being financed; or
(B) a comparable event, as determined by the
Assistant Secretary and specified in the credit
agreement.
SEC. 13003. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
(a) Eligibility.--
(1) In general.--A project shall be eligible to receive
credit assistance under the BIFIA program if--
(A) the entity proposing to carry out the project
submits a letter of interest prior to submission of a
formal application for the project; and
(B) the project meets the criteria described in
this subsection.
(2) Creditworthiness.--
(A) In general.--Except as provided in subparagraph
(B), to be eligible for assistance under the BIFIA
program, a project shall satisfy applicable
creditworthiness standards, which, at a minimum, shall
include--
(i) adequate coverage requirements to
ensure repayment;
(ii) an investment-grade rating from at
least 2 rating agencies on debt senior to the
Federal credit instrument; and
(iii) a rating from at least 2 rating
agencies on the Federal credit instrument.
(B) Small projects.--In order for a small project
to be eligible for assistance under the BIFIA program,
such project shall satisfy alternative creditworthiness
standards that shall be established by the Assistant
Secretary under section 13006 for purposes of this
paragraph.
(3) Application.--A State, local government, agency or
instrumentality of a State or local government, public
authority, public-private partnership, or any other legal
entity undertaking the project and authorized by the Assistant
Secretary shall submit a project application that is acceptable
to the Assistant Secretary.
(4) Eligible project cost parameters for infrastructure
projects.--Eligible project costs shall be reasonably
anticipated to equal or exceed $2,000,000 in the case of a
project or program of projects--
(A) in which the applicant is a local government,
instrumentality of local government, or public
authority (other than a public authority that is a
Federal or State government or instrumentality);
(B) located on a facility owned by a local
government; or
(C) for which the Assistant Secretary determines
that a local government is substantially involved in
the development of the project.
(5) Dedicated revenue sources.--The applicable Federal
credit instrument shall be repayable, in whole or in part,
from--
(A) amounts charged to--
(i) subscribers of broadband service for
such service; or
(ii) subscribers of any related service
provided over the same infrastructure for such
related service;
(B) user fees;
(C) payments owing to the obligor under a public-
private partnership; or
(D) other dedicated revenue sources that also
secure or fund the project obligations.
(6) Applications where obligor will be identified later.--A
State, local government, agency or instrumentality of a State
or local government, or public authority may submit to the
Assistant Secretary an application under paragraph (3), under
which a private party to a public-private partnership will be--
(A) the obligor; and
(B) identified later through completion of a
procurement and selection of the private party.
(7) Beneficial effects.--The Assistant Secretary shall
determine that financial assistance for the project under the
BIFIA program will--
(A) foster, if appropriate, partnerships that
attract public and private investment for the project;
(B) enable the project to proceed at an earlier
date than the project would otherwise be able to
proceed or reduce the lifecycle costs (including debt
service costs) of the project; and
(C) reduce the contribution of Federal grant
assistance for the project.
(8) Project readiness.--To be eligible for assistance under
the BIFIA program, the applicant shall demonstrate a reasonable
expectation that the contracting process for the construction
and deployment of infrastructure for the provision of broadband
service through the project can commence by no later than 90
days after the date on which a Federal credit instrument is
obligated for the project under the BIFIA program.
(b) Selection Among Eligible Projects.--
(1) Establishment of application process.--The Assistant
Secretary shall establish a rolling application process under
which projects that are eligible to receive credit assistance
under subsection (a) shall receive credit assistance on terms
acceptable to the Assistant Secretary, if adequate funds are
available to cover the subsidy costs associated with the
Federal credit instrument.
(2) Preliminary rating opinion letter.--The Assistant
Secretary shall require each project applicant to provide--
(A) a preliminary rating opinion letter from at
least 1 rating agency--
(i) indicating that the senior obligations
of the project, which may be the Federal credit
instrument, have the potential to achieve an
investment-grade rating; and
(ii) including a preliminary rating opinion
on the Federal credit instrument; or
(B) in the case of a small project, alternative
documentation that the Assistant Secretary shall
require in the standards established under section
13006 for purposes of this paragraph.
(3) Technology neutrality required.--In selecting projects
to receive credit assistance under the BIFIA program, the
Assistant Secretary may not favor a project using any
particular technology.
(c) Federal Requirements.--
(1) In general.--The following provisions of law shall
apply to funds made available under the BIFIA program and
projects assisted with those funds:
(A) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(B) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(C) 54 U.S.C. 300101 et seq. (commonly referred to
as the ``National Historic Preservation Act'').
(D) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(2) NEPA.--No funding shall be obligated for a project that
has not received an environmental categorical exclusion, a
finding of no significant impact, or a record of decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(3) Title vi of the civil rights act of 1964.--For purposes
of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.), any project that receives credit assistance under the
BIFIA program shall be considered a program or activity within
the meaning of section 606 of such title (42 U.S.C. 2000d-4a).
(d) Application Processing Procedures.--
(1) Notice of complete application.--Not later than 30 days
after the date of receipt of an application under this section,
the Assistant Secretary shall provide to the applicant a
written notice to inform the applicant whether--
(A) the application is complete; or
(B) additional information or materials are needed
to complete the application.
(2) Approval or denial of application.--Not later than 60
days after the date of issuance of the written notice under
paragraph (1), the Assistant Secretary shall provide to the
applicant a written notice informing the applicant whether the
Assistant Secretary has approved or disapproved the
application.
(3) Approval before nepa review.--Subject to subsection
(c)(2), an application for a project may be approved before the
project receives an environmental categorical exclusion, a
finding of no significant impact, or a record of decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(e) Development Phase Activities.--Any credit instrument secured
under the BIFIA program may be used to finance up to 100 percent of the
cost of development phase activities as described in section
13002(4)(A).
SEC. 13004. SECURED LOANS.
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) and (3), the
Assistant Secretary may enter into agreements with one or more
obligors to make secured loans, the proceeds of which shall be
used--
(A) to finance eligible project costs of any
project selected under section 13003;
(B) to refinance interim construction financing of
eligible project costs of any project selected under
section 13003; or
(C) to refinance long-term project obligations or
Federal credit instruments, if the refinancing provides
additional funding capacity for the completion,
enhancement, or expansion of any project that--
(i) is selected under section 13003; or
(ii) otherwise meets the requirements of
section 13003.
(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B)--
(A) if the maturity of such interim construction
financing is later than 1 year after the substantial
completion of the project; and
(B) later than 1 year after the date of substantial
completion of the project.
(3) Risk assessment.--Before entering into an agreement
under this subsection, the Assistant Secretary, in consultation
with the Director of the Office of Management and Budget, shall
determine an appropriate capital reserve subsidy amount for
each secured loan, taking into account each rating letter
provided by a rating agency under section 13003(b)(2)(A)(ii)
or, in the case of a small project, the alternative
documentation provided under section 13003(b)(2)(B).
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Assistant Secretary determines to be appropriate.
(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed the lesser of 49 percent of the
reasonably anticipated eligible project costs or, if the
secured loan is not for a small project and does not receive an
investment-grade rating, the amount of the senior project
obligations.
(3) Payment.--A secured loan under this section--
(A) shall--
(i) be payable, in whole or in part, from--
(I) amounts charged to--
(aa) subscribers of
broadband service for such
service; or
(bb) subscribers of any
related service provided over
the same infrastructure for
such related service;
(II) user fees;
(III) payments owing to the obligor
under a public-private partnership; or
(IV) other dedicated revenue
sources that also secure the senior
project obligations; and
(ii) include a coverage requirement or
similar security feature supporting the project
obligations; and
(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
(4) Interest rate.--The interest rate on a secured loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the secured loan on the date of execution of the
loan agreement.
(5) Maturity date.--The final maturity date of the secured
loan shall be the lesser of--
(A) 35 years after the date of substantial
completion of the project; and
(B) if the useful life of the infrastructure for
the provision of broadband service being financed is of
a lesser period, the useful life of the infrastructure.
(6) Nonsubordination.--
(A) In general.--Except as provided in subparagraph
(B), the secured loan shall not be subordinated to the
claims of any holder of project obligations in the
event of bankruptcy, insolvency, or liquidation of the
obligor.
(B) Preexisting indenture.--
(i) In general.--The Assistant Secretary
shall waive the requirement under subparagraph
(A) for a public agency borrower that is
financing ongoing capital programs and has
outstanding senior bonds under a preexisting
indenture, if--
(I) the secured loan--
(aa) is rated in the A
category or higher; or
(bb) in the case of a small
project, meets an alternative
standard that the Assistant
Secretary shall establish under
section 13006 for purposes of
this subclause;
(II) the secured loan is secured
and payable from pledged revenues not
affected by project performance, such
as a tax-backed revenue pledge or a
system-backed pledge of project
revenues; and
(III) the BIFIA program share of
eligible project costs is 33 percent or
less.
(ii) Limitation.--If the Assistant
Secretary waives the nonsubordination
requirement under this subparagraph--
(I) the maximum credit subsidy to
be paid by the Federal Government shall
be not more than 10 percent of the
principal amount of the secured loan;
and
(II) the obligor shall be
responsible for paying the remainder of
the subsidy cost, if any.
(7) Fees.--The Assistant Secretary may establish fees at a
level sufficient to cover all or a portion of the costs to the
Federal Government of making a secured loan under this section.
(8) Non-federal share.--The proceeds of a secured loan
under the BIFIA program, if the loan is repayable from non-
Federal funds--
(A) may be used for any non-Federal share of
project costs required under this subtitle; and
(B) shall not count toward the total Federal
assistance provided for a project for purposes of
paragraph (9).
(9) Maximum federal involvement.--The total Federal
assistance provided for a project receiving a loan under the
BIFIA program shall not exceed 80 percent of the total project
cost.
(c) Repayment.--
(1) Schedule.--The Assistant Secretary shall establish a
repayment schedule for each secured loan under this section
based on--
(A) the projected cash flow from project revenues
and other repayment sources; and
(B) the useful life of the infrastructure for the
provision of broadband service being financed.
(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project.
(3) Deferred payments.--
(A) In general.--If, at any time after the date of
substantial completion of the project, the project is
unable to generate sufficient revenues to pay the
scheduled loan repayments of principal and interest on
the secured loan, the Assistant Secretary may, subject
to subparagraph (C), allow the obligor to add unpaid
principal and interest to the outstanding balance of
the secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
(ii) be scheduled to be amortized over the
remaining term of the loan.
(C) Criteria.--
(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting criteria established by the
Assistant Secretary.
(ii) Repayment standards.--The criteria
established pursuant to clause (i) shall
include standards for reasonable assurance of
repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured
loan and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing project obligations may be applied
annually to prepay the secured loan without penalty.
(B) Use of proceeds of refinancing.--The secured
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Assistant Secretary may sell to
another entity or reoffer into the capital markets a secured
loan for the project if the Assistant Secretary determines that
the sale or reoffering can be made on favorable terms.
(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Assistant Secretary may not change the
original terms and conditions of the secured loan without the
written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Assistant Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan under
this section if the Assistant Secretary determines that the
budgetary cost of the loan guarantee is substantially the same
as that of a secured loan.
(2) Terms.--The terms of a loan guarantee under paragraph
(1) shall be consistent with the terms required under this
section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Assistant Secretary.
(f) Streamlined Application Process.--
(1) In general.--The Assistant Secretary shall develop one
or more expedited application processes, available at the
request of entities seeking secured loans under the BIFIA
program, that use a set or sets of conventional terms
established pursuant to this section.
(2) Terms.--In establishing the streamlined application
process required by this subsection, the Assistant Secretary
may allow for an expedited application period and include terms
such as those that require--
(A) that the project be a small project;
(B) the secured loan to be secured and payable from
pledged revenues not affected by project performance,
such as a tax-backed revenue pledge, tax increment
financing, or a system-backed pledge of project
revenues; and
(C) repayment of the loan to commence not later
than 5 years after disbursement.
SEC. 13005. LINES OF CREDIT.
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through (4), the
Assistant Secretary may enter into agreements to make available
to one or more obligors lines of credit in the form of direct
loans to be made by the Assistant Secretary at future dates on
the occurrence of certain events for any project selected under
section 13003.
(2) Use of proceeds.--The proceeds of a line of credit made
available under this section shall be available to pay debt
service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs,
operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
(3) Risk assessment.--
(A) In general.--Except as provided in subparagraph
(B), before entering into an agreement under this
subsection, the Assistant Secretary, in consultation
with the Director of the Office of Management and
Budget and each rating agency providing a preliminary
rating opinion letter under section 13003(b)(2)(A),
shall determine an appropriate capital reserve subsidy
amount for each line of credit, taking into account the
rating opinion letter.
(B) Small projects.--Before entering into an
agreement under this subsection to make available a
line of credit for a small project, the Assistant
Secretary, in consultation with the Director of the
Office of Management and Budget, shall determine an
appropriate capital reserve subsidy amount for each
such line of credit, taking into account the
alternative documentation provided under section
13003(b)(2)(B) instead of preliminary rating opinion
letters provided under section 13003(b)(2)(A).
(4) Investment-grade rating requirement.--The funding of a
line of credit under this section shall be contingent on--
(A) the senior obligations of the project receiving
an investment-grade rating from 2 rating agencies; or
(B) in the case of a small project, the project
meeting an alternative standard that the Assistant
Secretary shall establish under section 13006 for
purposes of this paragraph.
(b) Terms and Limitations.--
(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Assistant Secretary determines to be appropriate.
(2) Maximum amounts.--The total amount of a line of credit
under this section shall not exceed 33 percent of the
reasonably anticipated eligible project costs.
(3) Draws.--Any draw on a line of credit under this section
shall--
(A) represent a direct loan; and
(B) be made only if net revenues from the project
(including capitalized interest, but not including
reasonably required financing reserves) are
insufficient to pay the costs specified in subsection
(a)(2).
(4) Interest rate.--The interest rate on a direct loan
resulting from a draw on the line of credit shall be not less
than the yield on 30-year United States Treasury securities, as
of the date of execution of the line of credit agreement.
(5) Security.--A line of credit issued under this section--
(A) shall--
(i) be payable, in whole or in part, from--
(I) amounts charged to--
(aa) subscribers of
broadband service for such
service; or
(bb) subscribers of any
related service provided over
the same infrastructure for
such related service;
(II) user fees;
(III) payments owing to the obligor
under a public-private partnership; or
(IV) other dedicated revenue
sources that also secure the senior
project obligations; and
(ii) include a coverage requirement or
similar security feature supporting the project
obligations; and
(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
(6) Period of availability.--The full amount of a line of
credit under this section, to the extent not drawn upon, shall
be available during the 10-year period beginning on the date of
substantial completion of the project.
(7) Rights of third-party creditors.--
(A) Against federal government.--A third-party
creditor of the obligor shall not have any right
against the Federal Government with respect to any draw
on a line of credit under this section.
(B) Assignment.--An obligor may assign a line of
credit under this section to--
(i) one or more lenders; or
(ii) a trustee on the behalf of such a
lender.
(8) Nonsubordination.--
(A) In general.--Except as provided in subparagraph
(B), a direct loan under this section shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
(B) Pre-existing indenture.--
(i) In general.--The Assistant Secretary
shall waive the requirement of subparagraph (A)
for a public agency borrower that is financing
ongoing capital programs and has outstanding
senior bonds under a preexisting indenture,
if--
(I) the line of credit--
(aa) is rated in the A
category or higher; or
(bb) in the case of a small
project, meets an alternative
standard that the Assistant
Secretary shall establish under
section 13006 for purposes of
this subclause;
(II) the BIFIA program loan
resulting from a draw on the line of
credit is payable from pledged revenues
not affected by project performance,
such as a tax-backed revenue pledge or
a system-backed pledge of project
revenues; and
(III) the BIFIA program share of
eligible project costs is 33 percent or
less.
(ii) Limitation.--If the Assistant
Secretary waives the nonsubordination
requirement under this subparagraph--
(I) the maximum credit subsidy to
be paid by the Federal Government shall
be not more than 10 percent of the
principal amount of the secured loan;
and
(II) the obligor shall be
responsible for paying the remainder of
the subsidy cost.
(9) Fees.--The Assistant Secretary may establish fees at a
level sufficient to cover all or a portion of the costs to the
Federal Government of providing a line of credit under this
section.
(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall
not receive a secured loan or loan guarantee under section
13004 in an amount that, combined with the amount of the line
of credit, exceeds 49 percent of eligible project costs.
(c) Repayment.--
(1) Terms and conditions.--The Assistant Secretary shall
establish repayment terms and conditions for each direct loan
under this section based on--
(A) the projected cash flow from project revenues
and other repayment sources; and
(B) the useful life of the infrastructure for the
provision of broadband service being financed.
(2) Timing.--All repayments of principal or interest on a
direct loan under this section shall be scheduled--
(A) to commence not later than 5 years after the
end of the period of availability specified in
subsection (b)(6); and
(B) to conclude, with full repayment of principal
and interest, by the date that is 25 years after the
end of the period of availability specified in
subsection (b)(6).
SEC. 13006. ALTERNATIVE PRUDENTIAL LENDING STANDARDS FOR SMALL
PROJECTS.
Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary shall establish alternative, streamlined
prudential lending standards for small projects receiving credit
assistance under the BIFIA program to ensure that such projects pose no
additional risk to the Federal Government, as compared with projects
that are not small projects.
SEC. 13007. PROGRAM ADMINISTRATION.
(a) Requirement.--The Assistant Secretary shall establish a uniform
system to service the Federal credit instruments made available under
the BIFIA program.
(b) Fees.--The Assistant Secretary may collect and spend fees,
contingent on authority being provided in appropriations Acts, at a
level that is sufficient to cover--
(1) the costs of services of expert firms retained pursuant
to subsection (d); and
(2) all or a portion of the costs to the Federal Government
of servicing the Federal credit instruments.
(c) Servicer.--
(1) In general.--The Assistant Secretary may appoint a
financial entity to assist the Assistant Secretary in servicing
the Federal credit instruments.
(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Assistant Secretary.
(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Assistant
Secretary.
(d) Assistance From Expert Firms.--The Assistant Secretary may
retain the services of expert firms, including counsel, in the field of
municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments.
(e) Expedited Processing.--The Assistant Secretary shall implement
procedures and measures to economize the time and cost involved in
obtaining approval and the issuance of credit assistance under the
BIFIA program.
(f) Assistance to Small Projects.--Of the amount appropriated under
section 13010(a), and after the set-aside for administrative expenses
under section 13010(b), not less than 20 percent shall be made
available for the Assistant Secretary to use in lieu of fees collected
under subsection (b) for small projects.
SEC. 13008. STATE AND LOCAL PERMITS.
The provision of credit assistance under the BIFIA program with
respect to a project shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
SEC. 13009. REGULATIONS.
The Assistant Secretary may promulgate such regulations as the
Assistant Secretary determines to be appropriate to carry out the BIFIA
program.
SEC. 13010. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Assistant Secretary to carry out this subtitle
$5,000,000,000 for fiscal year 2020, to remain available until
expended.
(b) Administrative Expenses.--Of the amount appropriated under
subsection (a), the Assistant Secretary may use not more than 5 percent
for the administration of the BIFIA program.
SEC. 13011. REPORTS TO CONGRESS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and every 2 years thereafter, the Assistant
Secretary shall submit to Congress a report summarizing the financial
performance of the projects that are receiving, or have received,
assistance under the BIFIA program, including a recommendation as to
whether the objectives of the BIFIA program are best served by--
(1) continuing the program under the authority of the
Assistant Secretary; or
(2) establishing a Federal corporation or federally
sponsored enterprise to administer the program.
(b) Application Process Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Assistant Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that includes a list of all of the letters of interest and
applications received for assistance under the BIFIA program
during the preceding fiscal year.
(2) Inclusions.--
(A) In general.--Each report under paragraph (1)
shall include, at a minimum, a description of, with
respect to each letter of interest and application
included in the report--
(i) the date on which the letter of
interest or application was received;
(ii) the date on which a notification was
provided to the applicant regarding whether the
application was complete or incomplete;
(iii) the date on which a revised and
completed application was submitted (if
applicable);
(iv) the date on which a notification was
provided to the applicant regarding whether the
project was approved or disapproved; and
(v) if the project was not approved, the
reason for the disapproval.
(B) Correspondence.--Each report under paragraph
(1) shall include copies of any correspondence provided
to the applicant in accordance with section 13003(d).
TITLE II--DRINKING WATER INFRASTRUCTURE
Subtitle A--PFAS Infrastructure Grant Program
SEC. 21001. SHORT TITLE.
This subtitle may be cited as the ``Providing Financial Assistance
for Safe Drinking Water Act'' or the ``PFAS Drinking Water Act''.
SEC. 21002. ESTABLISHMENT OF PFAS INFRASTRUCTURE GRANT PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following new section:
``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a program
to award grants to affected community water systems to pay for capital
costs associated with the implementation of eligible treatment
technologies.
``(b) Applications.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the form and timing for community water
systems to apply for grants under this section.
``(2) Required information.--The Administrator shall
require a community water system applying for a grant under
this section to submit--
``(A) information showing the presence of PFAS in
water of the community water system; and
``(B) a certification that the treatment technology
in use by the community water system at the time of
application is not sufficient to remove all detectable
amounts of PFAS.
``(c) List of Eligible Treatment Technologies.--Not later than 150
days after the date of enactment of this section, and every two years
thereafter, the Administrator shall publish a list of treatment
technologies that the Administrator determines are effective at
removing all detectable amounts of PFAS from drinking water.
``(d) Priority for Funding.--In awarding grants under this section,
the Administrator shall prioritize affected community water systems
that--
``(1) serve a disadvantaged community;
``(2) will provide at least a 10 percent cost share for the
cost of implementing an eligible treatment technology; or
``(3) demonstrate the capacity to maintain the eligible
treatment technology to be implemented using the grant.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section not more than $500,000,000 for
each of the fiscal years 2020 through 2024.
``(f) Definitions.--In this section:
``(1) Affected community water system.--The term `affected
community water system' means a community water system that is
affected by the presence of PFAS in the water in the community
water system.
``(2) Disadvantaged community.--The term `disadvantaged
community' has the meaning given that term in section 1452.
``(3) Eligible treatment technology.--The term `eligible
treatment technology' means a treatment technology included on
the list published under subsection (c).''.
SEC. 21003. DEFINITION.
Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is
amended by adding at the end the following:
``(17) PFAS.--The term `PFAS' means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom.''.
Subtitle B--Extensions
SEC. 22001. FUNDING.
(a) State Revolving Loan Funds.--Section 1452(m)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``2021.'' and
inserting ``2021;''; and
(3) by adding at the end the following:
``(D) $4,140,000,000 for fiscal year 2022;
``(E) $4,800,000,000 for fiscal year 2023; and
``(F) $5,500,000,000 for fiscal year 2024.''.
(b) Indian Reservation Drinking Water Program.--Section 2001(d) of
America's Water Infrastructure Act of 2018 (Public Law 115-270) is
amended by striking ``2022'' and inserting ``2024''.
(c) Voluntary School and Child Care Program Lead Testing Grant
Program.--Section 1464(d)(8) of the Safe Drinking Water Act (42 U.S.C.
300j-24(d)(8)) is amended by striking ``2021'' and inserting ``2024''.
(d) Drinking Water Fountain Replacement for Schools.--Section
1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-25(d)) is
amended by striking ``2021'' and inserting ``2024''.
(e) Technical Assistance and Grants.--Section 1433(g)(6) of the
Safe Drinking Water Act (42 U.S.C. 300i-2(g)(6)) is amended by striking
``2021'' and inserting ``2024''.
(f) Grants for State Programs.--Section 1443(a)(7) of the Safe
Drinking Water Act (42 U.S.C. 300j-2(a)(7)) is amended by striking
``2021'' and inserting ``2024''.
SEC. 22002. AMERICAN IRON AND STEEL PRODUCTS.
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(4)(A)) is amended by striking ``2023'' and inserting
``2024''.
TITLE III--CLEAN ENERGY INFRASTRUCTURE
Subtitle A--Grid Security and Modernization
PART 1--ENHANCING ELECTRIC INFRASTRUCTURE RESILIENCE, RELIABILITY, AND
ENERGY SECURITY
SEC. 31101. PROGRAM TO ENHANCE ELECTRIC INFRASTRUCTURE RESILIENCE,
RELIABILITY, AND ENERGY SECURITY.
(a) Program.--The Secretary of Energy shall establish a competitive
grant program to provide grants to States, units of local government,
and Indian tribe economic development entities to enhance energy
security through measures for electricity delivery infrastructure
hardening and enhanced resilience and reliability.
(b) Purpose of Grants.--The Secretary of Energy may make grants on
a competitive basis to enable broader use of resiliency-related
technologies, upgrades, and institutional measures and practices
designed to--
(1) improve the resilience, reliability, and security of
electricity delivery infrastructure;
(2) improve preparedness and restoration time to mitigate
power disturbances resulting from physical and cyber attacks,
electromagnetic pulse attacks, geomagnetic disturbances,
seismic events, severe weather, and climate change;
(3) continue delivery of power to facilities critical to
public health, safety, and welfare, including hospitals,
assisted living facilities, and schools;
(4) continue delivery of power to electricity-dependent
essential services, including fueling stations and pumps,
wastewater and sewage treatment facilities, gas pipeline
infrastructure, communications systems, transportation services
and systems, and services provided by emergency first
responders;
(5) enhance regional grid resilience and the resilience of
electricity-dependent regional infrastructure; and
(6) facilitate greater incorporation of renewable energy
generation into the electric grid.
(c) Examples.--Resiliency-related technologies, upgrades, and
measures with respect to which grants may be made under this section
include--
(1) hardening or enhanced protection of utility poles,
wiring, cabling, and other distribution components, facilities,
or structures;
(2) advanced grid technologies capable of isolating or
repairing problems remotely, such as advanced metering
infrastructure, high-tech sensors, grid monitoring and control
systems, and remote reconfiguration and redundancy systems;
(3) cybersecurity products and components;
(4) distributed generation, including back-up generation to
power critical facilities and essential services, and related
integration components, such as advanced inverter technology;
(5) microgrid systems, including hybrid microgrid systems
for isolated communities;
(6) combined heat and power;
(7) waste heat resources;
(8) non-grid-scale energy storage technologies;
(9) electronically controlled reclosers and similar
technologies for power restoration;
(10) advanced energy analytics technology, such as
internet-based and cloud-based computing solutions and
subscription licensing models;
(11) efforts that enhance resilience through planning,
preparation, response, and recovery activities;
(12) operational capabilities to enhance resilience through
rapid response recovery; and
(13) efforts to ensure availability of key critical
components through contracts, cooperative agreements,
stockpiling and prepositioning, or other measures.
(d) Implementation.--Specific projects or programs established, or
to be established, pursuant to grants provided under this section shall
be implemented through grant recipients by public and publicly
regulated entities on a cost-shared basis.
(e) Cooperation.--In carrying out projects or programs established,
or to be established, pursuant to grants provided under this section,
recipients shall cooperate, as applicable, with--
(1) State public utility commissions;
(2) State energy offices;
(3) electric infrastructure owners and operators; and
(4) other entities responsible for maintaining electric
reliability.
(f) Data and Metrics.--
(1) In general.--To the extent practicable, grant
recipients shall utilize the most current data, metrics, and
frameworks related to--
(A) electricity delivery infrastructure hardening
and enhancing resilience and reliability; and
(B) current and future threats, including physical
and cyber attacks, electromagnetic pulse, geomagnetic
disturbances, seismic events, severe weather, and
climate change.
(2) Metrics.--Grant recipients shall demonstrate to the
Secretary of Energy, with measurable and verifiable data, how
the deployment of resiliency-related technologies, upgrades,
and measures achieve improvements in the resiliency and
recovery of electricity delivery infrastructure and related
services, including a comparison of data collected before and
after deployment. Metrics for demonstrating improvements in
resiliency and recovery may include--
(A) power quality during power disturbances when
delivered power does not meet power quality
requirements of the customer;
(B) duration of customer interruptions;
(C) number of customers impacted;
(D) cost impacts, including business and other
economic losses;
(E) impacts on electricity-dependent essential
services and critical facilities; and
(F) societal impacts.
(3) Furthering energy assurance plans.--Grant recipients
shall demonstrate to the Secretary of Energy how projects or
programs established, or to be established, pursuant to grants
provided under this section further applicable State and local
energy assurance plans.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $515,000,000 for each of fiscal
years 2020 through 2024, of which not more than $15,000,000 per fiscal
year may be used for administrative expenses.
PART 2--21ST CENTURY POWER GRID
SEC. 31201. GRANT PROGRAM FOR GRID MODERNIZATION PROJECTS.
(a) In General.--The Secretary of Energy shall establish a program
to provide financial assistance to eligible partnerships to carry out
projects related to the modernization of the electric grid, including--
(1) projects for the application of technologies to improve
monitoring of, advanced controls for, and prediction of
performance of, the distribution system; and
(2) projects related to transmission system
interconnections.
(b) Eligible Projects.--To be eligible for financial assistance
under subsection (a), a project shall--
(1) be designed to--
(A) improve the resiliency, performance, and
efficiency of the future electric grid, while ensuring
the continued provision of safe, secure, reliable, and
affordable power; or
(B) deploy a new product or technology that could
be used by customers of an electric utility; and
(2) demonstrate--
(A) secure integration and management of energy
resources, including through distributed energy
generation, combined heat and power, micro-grids,
energy storage, electric vehicles, energy efficiency,
demand response, or intelligent loads; or
(B) secure integration and interoperability of
communications and information technologies related to
the electric grid.
(c) Cybersecurity Plan.--Each project carried out with assistance
provided under subsection (a) shall include the development of a
cybersecurity plan written in accordance with guidelines developed by
the Secretary.
(d) Privacy Effects Analysis.--Each project carried out with
assistance provided under subsection (a) shall include a privacy
effects analysis that evaluates the project in accordance with the
Voluntary Code of Conduct of the Department of Energy, commonly known
as the ``DataGuard Energy Data Privacy Program'', or the most recent
revisions to the privacy program of the Department.
(e) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership consisting of two or more
entities, which--
(A) may include--
(i) any institution of higher education;
(ii) a National Laboratory;
(iii) a State or a local government or
other public body created by or pursuant to
State law;
(iv) an Indian Tribe;
(v) a Federal power marketing
administration; or
(vi) an entity that develops and provides
technology; and
(B) shall include at least one of any of--
(i) an electric utility;
(ii) a regional transmission organization;
or
(iii) an independent system operator.
(2) Electric utility.--The term ``electric utility'' has
the meaning given that term in section 3(22) of the Federal
Power Act (16 U.S.C. 796(22)), except that such term does not
include an entity described in subparagraph (B) of such
section.
(3) Federal power marketing administration.--The term
``Federal power marketing administration'' means the Bonneville
Power Administration, the Southeastern Power Administration,
the Southwestern Power Administration, or the Western Area
Power Administration.
(4) Independent system operator; regional transmission
organization.--The terms ``independent system operator'' and
``regional transmission organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $200,000,000
for each of fiscal years 2020 through 2024, to remain available until
expended.
SEC. 31202. INTERREGIONAL TRANSMISSION PLANNING REPORT.
Not later than 6 months after the date of enactment of this Act,
the Secretary of Energy shall submit to Congress a report that--
(1) examines the effectiveness of interregional
transmission planning processes for identifying transmission
projects across regions that provide economic, reliability, or
operational benefits, taking into consideration the public
interest, the integrity of markets, and the protection of
consumers;
(2) evaluates the current architecture of regional
electricity grids (including international transmission
connections of such grids) that together comprise the Nation's
electricity grid, with respect to--
(A) potential growth in renewable energy
generation, including energy generation from offshore
wind;
(B) potential growth in electricity demand; and
(C) retirement of existing electricity generation
assets;
(3) analyzes--
(A) the range of benefits that interregional
transmission provides;
(B) the impact of basing transmission project
approvals on a comprehensive assessment of the multiple
benefits provided;
(C) synchronization of processes described in
paragraph (1) among neighboring regions;
(D) how often interregional transmission planning
should be completed;
(E) whether voltage, size, or cost requirements
should be a factor in the approval of interregional
transmission projects;
(F) cost allocation methodologies for interregional
transmission projects; and
(G) current barriers and challenges to construction
of interregional transmission projects; and
(4) identifies potential changes, based on the analysis
under paragraph (3), to the processes described in paragraph
(1) to ensure the most efficient, cost effective, and broadly
beneficial transmission projects are selected for construction.
PART 3--ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM
SEC. 31301. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Qualified energy efficient transformer.--The term
``qualified energy efficient transformer'' means a transformer
that meets or exceeds the applicable energy conservation
standards described in the tables in subsection (b)(2) and
paragraphs (1) and (2) of subsection (c) of section 431.196 of
title 10, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(2) Qualified energy inefficient transformer.--The term
``qualified energy inefficient transformer'' means a
transformer with an equal number of phases and capacity to a
transformer described in any of the tables in subsection (b)(2)
and paragraphs (1) and (2) of subsection (c) of section 431.196
of title 10, Code of Federal Regulations (as in effect on the
date of enactment of this Act) that--
(A) does not meet or exceed the applicable energy
conservation standards described in paragraph (1); and
(B)(i) was manufactured between January 1, 1985,
and December 31, 2006, for a transformer with an equal
number of phases and capacity as a transformer
described in the table in subsection (b)(2) of section
431.196 of title 10, Code of Federal Regulations (as in
effect on the date of enactment of this Act); or
(ii) was manufactured between January 1, 1990, and
December 31, 2009, for a transformer with an equal
number of phases and capacity as a transformer
described in the table in paragraph (1) or (2) of
subsection (c) of that section (as in effect on the
date of enactment of this Act).
(3) Qualified entity.--The term ``qualified entity'' means
an owner of industrial or manufacturing facilities, commercial
buildings, or multifamily residential buildings, a utility, or
an energy service company, that fulfills the requirements of
subsection (c).
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy shall establish a
program to provide rebates to qualified entities for expenditures made
by the qualified entity for the replacement of a qualified energy
inefficient transformer with a qualified energy efficient transformer.
(c) Requirements.--To be eligible to receive a rebate under this
section, an entity shall submit to the Secretary of Energy an
application in such form, at such time, and containing such information
as the Secretary may require, including demonstrated evidence--
(1) that the entity purchased a qualified energy efficient
transformer;
(2) of the core loss value of the qualified energy
efficient transformer;
(3) of the age of the qualified energy inefficient
transformer being replaced;
(4) of the core loss value of the qualified energy
inefficient transformer being replaced--
(A) as measured by a qualified professional or
verified by the equipment manufacturer, as applicable;
or
(B) for transformers described in subsection
(a)(2)(B)(i), as selected from a table of default
values as determined by the Secretary in consultation
with applicable industry; and
(5) that the qualified energy inefficient transformer has
been permanently decommissioned and scrapped.
(d) Authorized Amount of Rebate.--The amount of a rebate provided
under this section shall be--
(1) for a 3-phase or single-phase transformer with a
capacity of not less than 10 and not greater than 2,500
kilovolt-amperes, twice the amount equal to the difference in
watts between the core loss value (as measured in accordance
with paragraphs (2) and (4) of subsection (c)) of--
(A) the qualified energy inefficient transformer;
and
(B) the qualified energy efficient transformer; or
(2) for a transformer described in subsection (a)(2)(B)(i),
the amount determined using a table of default rebate values by
rated transformer output, as measured in kilovolt-amperes, as
determined by the Secretary in consultation with applicable
industry.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2020 through 2024, to remain available until expended.
PART 4--STRATEGIC TRANSFORMER RESERVE PROGRAM
SEC. 31401. STRATEGIC TRANSFORMER RESERVE PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a
program to reduce the vulnerability of the electric grid to physical
attack, cyber attack, electromagnetic pulse, geomagnetic disturbances,
severe weather, climate change, and seismic events, including by--
(1) ensuring that large power transformers, generator step-
up transformers, and other critical electric grid equipment are
strategically located to ensure timely replacement of such
equipment as may be necessary to restore electric grid function
rapidly in the event of severe damage to the electric grid due
to physical attack, cyber attack, electromagnetic pulse,
geomagnetic disturbances, severe weather, climate change, or
seismic events; and
(2) establishing a coordinated plan to facilitate
transportation of large power transformers and other critical
electric grid equipment.
(b) Transformer Resilience and Advanced Components Program.--The
program established under subsection (a) shall include implementation
of the Transformer Resilience and Advanced Components program to--
(1) improve large power transformers and other critical
electric grid equipment by reducing their vulnerabilities; and
(2) develop, test, and deploy innovative equipment designs
that are more flexible and offer greater resiliency of electric
grid functions.
(c) Strategic Equipment Reserves.--
(1) Authorization.--In carrying out the program established
under subsection (a), the Secretary may establish one or more
federally owned strategic equipment reserves, as appropriate,
to ensure nationwide access to reserve equipment.
(2) Consideration.--In establishing any federally owned
strategic equipment reserve, the Secretary may consider
existing spare transformer and equipment programs and
requirements established by the private sector, regional
transmission operators, independent system operators, and State
regulatory authorities.
(d) Consultation.--The program established under subsection (a)
shall be carried out in consultation with the Federal Energy Regulatory
Commission, the Electricity Subsector Coordinating Council, the
Electric Reliability Organization, and owners and operators of critical
electric infrastructure and defense and military installations.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2020 through 2024.
Subtitle B--Energy Efficient Infrastructure
PART 1--EFFICIENCY GRANTS FOR STATE AND LOCAL GOVERNMENTS
SEC. 32101. ENERGY EFFICIENT PUBLIC BUILDINGS.
Section 125(c) of the Energy Policy Act of 2005 (42 U.S.C.
15822(c)) is amended by striking ``$30,000,000 for each of fiscal years
2006 through 2010'' and inserting ``$100,000,000 for each of fiscal
years 2020 through 2024''.
SEC. 32102. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
(a) Purpose.--Section 542(b)(1) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) diversifies energy supplies, including by
facilitating and promoting the use of alternative
fuels;''.
(b) Use of Funds.--Section 544(9) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17154(9)) is amended to read as
follows:
``(9) deployment of energy distribution technologies that
significantly increase energy efficiency or expand access to
alternative fuels, including--
``(A) distributed resources;
``(B) district heating and cooling systems; and
``(C) infrastructure for delivering alternative
fuels;''.
(c) Competitive Grants.--Section 546(c)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2)) is
amended by inserting ``, including projects to expand the use of
alternative fuels'' before the period at the end.
(d) Funding.--Section 548(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read as
follows:
``(a) Authorization of Appropriations.--
``(1) Grants.--There is authorized to be appropriated to
the Secretary for the provision of grants under the program
$3,500,000,000 for each of fiscal years 2020 through 2024.
``(2) Administrative costs.--There is authorized to be
appropriated to the Secretary for administrative expenses of
the program $35,000,000 for each of fiscal years 2020 through
2024.''.
(e) Technical Amendments.--Section 543 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17153) is amended--
(1) in subsection (c), by striking ``subsection (a)(2)''
and inserting ``subsection (a)(3)''; and
(2) in subsection (d), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(4)''.
PART 2--SMART BUILDING ACCELERATION
SEC. 32201. SHORT TITLE.
This part may be cited as the ``Smart Building Acceleration Act''.
SEC. 32202. FINDINGS.
Congress finds that--
(1) the building sector uses more than 40 percent of the
energy of the United States;
(2) emerging building energy monitoring and control
technologies are enabling a transition of the building sector
to ``smart'' buildings that have dramatically reduced energy
use and improved quality of service to occupants;
(3) an analysis of select private-sector smart buildings by
the Department of Energy would document the costs and benefits
of the emerging technologies, promote the adoption of the
technologies, and accelerate the transition to the
technologies;
(4) with over 400,000 buildings, the Federal Government is
the largest building owner in the United States; and
(5) the Federal Government can also accelerate the
transition to smart building technologies by demonstrating and
evaluating emerging smart building technologies using existing
programs and funding to showcase selected Federal smart
buildings.
SEC. 32203. DEFINITIONS.
In this part:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Program.--The term ``program'' means the Federal Smart
Building Program established under section 32204(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Smart building.--The term ``smart building'' means a
building, or collection of buildings, with an energy system
that--
(A) is flexible and automated;
(B) has extensive operational monitoring and
communication connectivity, allowing remote monitoring
and analysis of all building functions;
(C) takes a systems-based approach in integrating
the overall building operations for control of energy
generation, consumption, and storage;
(D) communicates with utilities and other third-
party commercial entities, if appropriate;
(E) protects the health and safety of occupants and
workers; and
(F) is cybersecure.
(5) Smart building accelerator.--The term ``smart building
accelerator'' means an initiative that is designed to
demonstrate specific innovative policies and approaches--
(A) with clear goals and a clear timeline; and
(B) that, on successful demonstration, would
accelerate investment in energy efficiency.
(6) Internet of things technology solution.--The term
``internet of things technology solution'' means a solution
that improves energy efficiency and predictive maintenance
through cutting edge technologies that utilize internet
connected technologies including sensors, intelligent gateways,
and security embedded hardware.
SEC. 32204. FEDERAL SMART BUILDING PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, in consultation with the
Administrator of General Services, establish a program to be known as
the ``Federal Smart Building Program''--
(1) to implement smart building technology; and
(2) to demonstrate the costs and benefits of smart
buildings.
(b) Selection.--
(1) In general.--The Secretary shall coordinate the
selection of not fewer than 1 building from among each of
several key Federal agencies, as described in subsection (d),
to compose an appropriately diverse set of smart buildings
based on size, type, and geographic location.
(2) Inclusion of commercially operated buildings.--In
making selections under paragraph (1), the Secretary may
include buildings that are owned by the Federal Government but
are commercially operated.
(c) Targets.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall establish targets for the number of
smart buildings to be commissioned and evaluated by key Federal
agencies by 3 years and 6 years after the date of enactment of this
Act.
(d) Federal Agency Described.--The key Federal agencies referred to
subsection (b)(1) shall include buildings operated by--
(1) the Department of the Army;
(2) the Department of the Navy;
(3) the Department of the Air Force;
(4) the Department;
(5) the Department of the Interior;
(6) the Department of Veterans Affairs; and
(7) the General Services Administration.
(e) Requirement.--In implementing the program, the Secretary shall
leverage existing financing mechanisms including energy savings
performance contracts, utility energy service contracts, and annual
appropriations.
(f) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation, measurement,
and verification, the Secretary shall evaluate the costs and benefits
of the buildings selected under subsection (b), including an
identification of--
(1) which advanced building technologies--
(A) are most cost-effective; and
(B) show the most promise for--
(i) increasing building energy savings;
(ii) increasing service performance to
building occupants;
(iii) reducing environmental impacts; and
(iv) establishing cybersecurity; and
(2) any other information the Secretary determines to be
appropriate.
(g) Awards.--The Secretary may expand awards made under the Federal
Energy Management Program and the Better Building Challenge to
recognize specific agency achievements in accelerating the adoption of
smart building technologies.
SEC. 32205. SURVEY OF PRIVATE SECTOR SMART BUILDINGS.
(a) Survey.--The Secretary shall conduct a survey of privately
owned smart buildings throughout the United States, including
commercial buildings, laboratory facilities, hospitals, multifamily
residential buildings, and buildings owned by nonprofit organizations
and institutions of higher education.
(b) Selection.--From among the smart buildings surveyed under
subsection (a), the Secretary shall select not fewer than 1 building
each from an appropriate range of building sizes, types, and geographic
locations.
(c) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation, measurement,
and verification, the Secretary shall evaluate the costs and benefits
of the buildings selected under subsection (b), including an
identification of--
(1) which advanced building technologies and systems--
(A) are most cost-effective; and
(B) show the most promise for--
(i) increasing building energy savings;
(ii) increasing service performance to
building occupants;
(iii) reducing environmental impacts; and
(iv) establishing cybersecurity; and
(2) any other information the Secretary determines to be
appropriate.
SEC. 32206. LEVERAGING EXISTING PROGRAMS.
(a) Better Building Challenge.--As part of the Better Building
Challenge of the Department, the Secretary, in consultation with major
private sector property owners, shall develop smart building
accelerators to demonstrate innovative policies and approaches that
will accelerate the transition to smart buildings in the public,
institutional, and commercial buildings sectors.
(b) Research and Development.--
(1) In general.--The Secretary shall conduct research and
development to address key barriers to the integration of
advanced building technologies and to accelerate the transition
to smart buildings.
(2) Inclusion.--The research and development conducted
under paragraph (1) shall include research and development on--
(A) achieving whole-building, systems-level
efficiency through smart system and component
integration;
(B) improving physical components, such as sensors
and controls, to be adaptive, anticipatory, and
networked;
(C) reducing the cost of key components to
accelerate the adoption of smart building technologies;
(D) data management, including the capture and
analysis of data and the interoperability of the energy
systems;
(E) protecting against cybersecurity threats and
addressing security vulnerabilities of building systems
or equipment;
(F) business models, including how business models
may limit the adoption of smart building technologies
and how to support transactive energy;
(G) integration and application of combined heat
and power systems and energy storage for resiliency;
(H) characterization of buildings and components;
(I) consumer and utility protections;
(J) continuous management, including the challenges
of managing multiple energy systems and optimizing
systems for disparate stakeholders;
(K) integration of internet of things technology
solutions, including measures to increase water and
energy efficiency, improve water quality, support real-
time utility management, and enable actionable
analytics and predictive maintenance to improve
building systems long-term viability; and
(L) other areas of research and development, as
determined appropriate by the Secretary.
SEC. 32207. REPORT.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter until a total of 3 reports have been made, the
Secretary shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce and the
Committee on Science, Space, and Technology of the House of
Representatives a report on--
(1) the establishment of the Federal Smart Building Program
and the evaluation of Federal smart buildings under section
32204;
(2) the survey and evaluation of private sector smart
buildings under section 32205; and
(3) any recommendations of the Secretary to further
accelerate the transition to smart buildings.
PART 3--WEATHERIZATION ASSISTANCE PROGRAM
SEC. 32301. SHORT TITLE.
This part may be cited as the ``Weatherization Enhancement and
Local Energy Efficiency Investment and Accountability Act''.
SEC. 32302. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Reauthorization of Weatherization Assistance Program.--Section
422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is
amended by striking ``appropriated--'' and all that follows through
``2012..'' and inserting ``appropriated $350,000,000 for each of fiscal
years 2020 through 2024.''.
(b) Modernizing the Definition of Weatherization Materials.--
Section 412(9)(J) of the Energy Conservation and Production Act (42
U.S.C. 6862(9)(J)) is amended--
(1) by inserting ``, including renewable energy
technologies and other advanced technologies,'' after ``devices
or technologies''; and
(2) by striking ``, after consulting with the Secretary of
Housing and Urban Development, the Secretary of Agriculture,
and the Director of the Community Services Administration''.
(c) Consideration of Health Benefits.--Section 413(b) of the Energy
Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3), the following:
``(4) The Secretary may amend the regulations prescribed under
paragraph (1) to provide that the standards described in paragraph
(2)(A) take into consideration improvements in the health and safety of
occupants of dwelling units, and other non-energy benefits, from
weatherization.''.
(d) Contractor Optimization.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414B (42 U.S.C. 6864b)
the following:
``SEC. 414C. CONTRACTOR OPTIMIZATION.
``(a) In General.--The Secretary may request that entities
receiving funding from the Federal Government or from a State through a
weatherization assistance program under section 413 or section 414
perform periodic reviews of the use of private contractors in the
provision of weatherization assistance, and encourage expanded use of
contractors as appropriate.
``(b) Use of Training Funds.--Entities described in subsection (a)
may use funding described in such subsection to train private, non-
Federal entities that are contracted to provide weatherization
assistance under a weatherization program, in accordance with rules
determined by the Secretary.''.
(2) Table of contents amendment.--The table of contents for
the Energy Conservation and Production Act is amended by
inserting after the item relating to section 414B the
following:
``Sec. 414C. Contractor optimization.''.
(e) Financial Assistance for WAP Enhancement and Innovation.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414C (as added by
subsection (d) of this section) the following:
``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of dwelling units that are
occupied by low-income persons that receive weatherization
assistance by making such dwelling units weatherization-ready;
``(2) to promote the deployment of renewable energy in
dwelling units that are occupied by low-income persons;
``(3) to ensure healthy indoor environments by enhancing or
expanding health and safety measures and resources available to
dwellings that are occupied by low-income persons; and
``(4) to disseminate new methods and best practices among
entities providing weatherization assistance.
``(b) Financial Assistance.--The Secretary shall, to the extent
funds are made available, award financial assistance through a
competitive process to entities receiving funding from the Federal
Government or from a State through a weatherization program under
section 413 or section 414, or to nonprofit entities, to be used by
such an entity--
``(1) with respect to dwelling units that are occupied by
low-income persons, to--
``(A) implement measures to make such dwelling
units weatherization-ready by addressing structural,
plumbing, roofing, and electrical issues, environmental
hazards, or other measures that the Secretary
determines to be appropriate;
``(B) install energy efficiency technologies,
including home energy management systems, smart
devices, and other technologies the Secretary
determines to be appropriate;
``(C) install renewable energy systems (as defined
in section 415(c)(6)(A)); and
``(D) implement measures to ensure healthy indoor
environments by improving indoor air quality,
accessibility, and other healthy homes measures as
determined by the Secretary;
``(2) to improve the capability of the entity--
``(A) to significantly increase the number of
energy retrofits performed by such entity;
``(B) to replicate best practices for work
performed pursuant to this section on a larger scale;
and
``(C) to leverage additional funds to sustain the
provision of weatherization assistance and other work
performed pursuant to this section after financial
assistance awarded under this section is expended;
``(3) for innovative outreach and education regarding the
benefits and availability of weatherization assistance and
other assistance available pursuant to this section;
``(4) for quality control of work performed pursuant to
this section;
``(5) for data collection, measurement, and verification
with respect to such work;
``(6) for program monitoring, oversight, evaluation, and
reporting regarding such work;
``(7) for labor, training, and technical assistance
relating to such work;
``(8) for planning, management, and administration (up to a
maximum of 15 percent of the assistance provided); and
``(9) for such other activities as the Secretary determines
to be appropriate.
``(c) Award Factors.--In awarding financial assistance under this
section, the Secretary shall consider--
``(1) the applicant's record of constructing, renovating,
repairing, or making energy efficient single-family,
multifamily, or manufactured homes that are occupied by low-
income persons, either directly or through affiliates,
chapters, or other partners (using the most recent year for
which data are available);
``(2) the number of dwelling units occupied by low-income
persons that the applicant has built, renovated, repaired,
weatherized, or made more energy efficient in the 5 years
preceding the date of the application;
``(3) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(4) the strength of an applicant's proposal to achieve
one or more of the purposes under subsection (a);
``(5) the extent to which such applicant will utilize
partnerships and regional coordination to achieve one or more
of the purposes under subsection (a);
``(6) regional and climate zone diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(d) Applications.--
``(1) Administration.--To be eligible for an award of
financial assistance under this section, an applicant shall
submit to the Secretary an application in such manner and
containing such information as the Secretary may require.
``(2) Awards.--Subject to the availability of
appropriations, not later than 270 days after the date of
enactment of this section, the Secretary shall make a first
award of financial assistance under this section.
``(e) Maximum Amount and Term.--
``(1) In general.--The total amount of financial assistance
awarded to an entity under this section shall not exceed
$2,000,000.
``(2) Technical and training assistance.--The total amount
of financial assistance awarded to an entity under this section
shall be reduced by the cost of any technical and training
assistance provided by the Secretary that relates to such
financial assistance.
``(3) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
``(f) Requirements.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue requirements to
implement this section, including, for entities receiving financial
assistance under this section--
``(1) standards for allowable expenditures;
``(2) a minimum saving-to-investment ratio; and
``(3) standards for--
``(A) training programs;
``(B) energy audits;
``(C) the provision of technical assistance;
``(D) monitoring activities carried out using such
financial assistance;
``(E) verification of energy and cost savings;
``(F) liability insurance requirements; and
``(G) recordkeeping and reporting requirements,
which shall include reporting to the Office of
Weatherization and Intergovernmental Programs of the
Department of Energy applicable data on each dwelling
unit retrofitted or otherwise assisted pursuant to this
section.
``(g) Compliance With State and Local Law.--Nothing in this section
supersedes or otherwise affects any State or local law, to the extent
that the State or local law contains a requirement that is more
stringent than the applicable requirement of this section.
``(h) Review and Evaluation.--The Secretary shall review and
evaluate the performance of each entity that receives an award of
financial assistance under this section (which may include an audit).
``(i) Annual Report.--The Secretary shall submit to Congress an
annual report that provides a description of--
``(1) actions taken under this section to achieve the
purposes of this section; and
``(2) accomplishments as a result of such actions,
including energy and cost savings achieved.
``(j) Funding.--
``(1) Amounts.--
``(A) In general.--For each of fiscal years 2020
through 2024, of the amount made available under
section 422 for such fiscal year to carry out the
weatherization program under this part (not including
any of such amount made available for Department of
Energy headquarters training or technical assistance),
not more than--
``(i) 2 percent of such amount (if such
amount is $225,000,000 or more but less than
$260,000,000) may be used to carry out this
section;
``(ii) 4 percent of such amount (if such
amount is $260,000,000 or more but less than
$300,000,000) may be used to carry out this
section; and
``(iii) 6 percent of such amount (if such
amount is $300,000,000 or more) may be used to
carry out this section.
``(B) Minimum.--For each of fiscal years 2020
through 2024, if the amount made available under
section 422 (not including any of such amount made
available for Department of Energy headquarters
training or technical assistance) for such fiscal year
is less than $225,000,000, no funds shall be made
available to carry out this section.
``(2) Limitation.--For any fiscal year, the Secretary may
not use more than $25,000,000 of the amount made available
under section 422 to carry out this section.''.
(2) Table of contents.--The table of contents for the
Energy Conservation and Production Act is amended by inserting
after the item relating to section 414C the following:
``Sec. 414D. Financial assistance for WAP enhancement and
innovation.''.
(f) Increase in Administrative Funds.--Section 415(a)(1) of the
Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is
amended by striking ``10 percent'' and inserting ``15 percent''.
(g) Amending Re-Weatherization Date.--Paragraph (2) of section
415(c) of the Energy Conservation and Production Act (42 U.S.C.
6865(c)) is amended to read as follows:
``(2) Dwelling units weatherized (including dwelling units
partially weatherized) under this part, or under other Federal programs
(in this paragraph referred to as `previous weatherization'), may not
receive further financial assistance for weatherization under this part
until the date that is 15 years after the date such previous
weatherization was completed. This paragraph does not preclude dwelling
units that have received previous weatherization from receiving
assistance and services (including the provision of information and
education to assist with energy management and evaluation of the
effectiveness of installed weatherization materials) other than
weatherization under this part or under other Federal programs, or from
receiving non-Federal assistance for weatherization.''.
SEC. 32303. REPORT ON WAIVERS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy shall submit to Congress a report on the status
of any request for a waiver of any requirement under section 200.313 of
title 2, Code of Federal Regulations, as such requirement applies with
respect to the weatherization assistance program under part A of title
IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et
seq.), including a description of any such waiver that has been granted
and any such request for a waiver that has been considered but not
granted.
PART 4--SMART ENERGY AND WATER EFFICIENCY
SEC. 32401. SHORT TITLE.
This part may be cited as the ``Smart Energy and Water Efficiency
Act of 2019''.
SEC. 32402. SMART ENERGY AND WATER EFFICIENCY PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a municipality;
(B) a water district; and
(C) any other entity that provides water,
wastewater, or water reuse services, including a joint
water and power authority.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart energy and water efficiency program.--The term
``smart energy and water efficiency program'' or ``program''
means the program established under subsection (b).
(b) Smart Energy and Water Efficiency Program.--
(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency program in accordance
with this section.
(2) Eligible projects.--In carrying out the smart energy
and water efficiency program, the Secretary shall award grants
to eligible entities to carry out projects that implement
advanced and innovative technology-based solutions that will
improve the energy or water efficiency of water, wastewater, or
water reuse systems to--
(A) help eligible entities make significant
progress in conserving water, conserving energy, or
reducing the operating costs of such systems;
(B) support the implementation of innovative
processes or the installation of advanced automated
systems that provide real-time data on energy and
water; or
(C) improve predictive maintenance of water,
wastewater, or water reuse systems through the use of
Internet-connected technologies, such as sensors,
intelligent gateways, or security embedded in hardware.
(3) Project selection.--
(A) In general.--The Secretary shall make
competitive, merit-reviewed grants under the program to
not fewer than 3, but not more than 5, eligible
entities.
(B) Selection criteria.--In selecting an eligible
entity to receive a grant under the program, the
Secretary shall consider--
(i) energy and cost savings anticipated to
result from the project;
(ii) the innovative nature, commercial
viability, and reliability of the technology to
be used;
(iii) the degree to which the project
integrates innovative sensors, software,
hardware, analytics, and management tools;
(iv) the anticipated cost-effectiveness of
the project in terms of energy savings, water
savings or reuse, and infrastructure costs
averted;
(v) whether the technology can be deployed
in a variety of geographic regions and the
degree to which the technology can be
implemented on a smaller or larger scale,
including whether the technology can be
implemented by other types of eligible
entities; and
(vi) whether implementation of the project
will be complete within 5 years.
(C) Applications.--
(i) In general.--Subject to clause (ii), an
eligible entity seeking a grant under the
program shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
determines to be necessary.
(ii) Contents.--An application under clause
(i) shall, at a minimum, include--
(I) a description of the project;
(II) a description of the
technology to be used in the project;
(III) the anticipated results,
including energy and water savings, of
the project;
(IV) a comprehensive budget for the
project; and
(V) the number of households or
customers that are served by the
eligible entity and will benefit from
the project.
(4) Administration.--
(A) In general.--Not later than 300 days after the
date of enactment of this Act, the Secretary shall
select grant recipients under this section.
(B) Evaluations.--The Secretary shall annually for
5 years carry out an evaluation of each project for
which a grant is provided under this section that--
(i) evaluates the progress and effects of
the project; and
(ii) assesses the degree to which the
project can be replicated in other regions,
systems, and situations.
(C) Technical assistance.--On the request of a
grant recipient, the Secretary shall provide technical
assistance to the grant recipient to carry out the
project.
(D) Best practices.--The Secretary shall make
available to the public--
(i) a copy of each evaluation carried out
under subparagraph (B); and
(ii) a description of any best practices
identified by the Secretary as a result of
those evaluations.
(E) Report to congress.--Not later than the date on
which the Secretary completes the last evaluation
required under subparagraph (B), the Secretary shall
submit to Congress a report containing the results of
each evaluation carried out under such subparagraph.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 to carry out this section, to remain available
until expended.
PART 5--ACCELERATED ADOPTION OF ENERGY EFFICIENT ENGINES AND VEHICLES
SEC. 32501. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.
Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended--
(1) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(2) by striking ``2016'' and inserting ``2024''.
SEC. 32502. REAUTHORIZATION OF CLEAN SCHOOL BUSES PROGRAM.
(a) Definitions.--
(1) Alternative fuel.--Section 741(a)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 16091(a)) is amended--
(A) in subparagraph (B), by striking ``or'' after
the semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) electricity.''.
(2) Clean school bus.--Section 741(a)(3) of the Energy
Policy Act of 2005 (42 U.S.C. 16091(a)(3)) is amended by
striking ``that--'' and all that follows through ``(B) is
operated'' and inserting ``that is operated''.
(b) Program for Retrofit or Replacement of Certain Existing School
Buses With Clean School Buses.--
(1) Priority of grant applications.--Section 741(b)(2) of
the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(2)) is
amended--
(A) in subparagraph (A), by inserting before the
period at the end ``with clean school buses with low or
zero emissions''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Retrofitting.--In the case of grant
applications to retrofit school buses, the
Administrator shall give--
``(i) highest priority to applicants that
propose to retrofit school buses manufactured
in or after model year 1991 to become clean
school buses with low or zero emissions; and
``(ii) second highest priority to
applicants that otherwise propose to retrofit
school buses manufactured in or after model
year 1991 to become clean school buses.''.
(2) Use of school bus fleet.--Section 741(b)(3)(B) of the
Energy Policy Act of 2005 (42 U.S.C. 16091(b)(3)(B)) is amended
by inserting ``charged,'' after ``operated,''.
(3) Replacement grants.--Paragraph (5) of section 741(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended
to read as follows:
``(5) Replacement grants.--In the case of grants to replace
school buses--
``(A) the Administrator may award the grants for up
to 60 percent of the replacement costs; and
``(B) such replacement costs may include the costs
of acquiring the clean school buses and charging and
fueling infrastructure.''.
(4) Ultra low-sulfur diesel fuel.--Section 741(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively.
(c) Education.--Paragraph (1) of section 741(c) of the Energy
Policy Act of 2005 (42 U.S.C. 16091(c)) is amended to read as follows:
``(1) In general.--Not later than 90 days after the date of
enactment of the Leading Infrastructure for Tomorrow's America
Act, the Administrator shall develop an education outreach
program to promote and explain the grant program under
subsection (b), as amended by such Act.''.
(d) Authorization of Appropriations.--Section 741(d) of the Energy
Policy Act of 2005 (42 U.S.C. 16091(d)) is amended by striking ``until
expended--'' and all that follows through the end of the subsection and
inserting ``until expended, $50,000,000 for each of fiscal years 2020
through 2024.''.
PART 6--ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES
SEC. 32601. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE
ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) one local educational agency; and
(B) one or more--
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the
knowledge and capacity to partner and assist
with energy improvements.
(2) Energy improvements.--The term ``energy improvements''
means--
(A) any improvement, repair, or renovation, to a
school that will result in a direct reduction in school
energy costs including but not limited to improvements
to building envelope, air conditioning, ventilation,
heating system, domestic hot water heating, compressed
air systems, distribution systems, lighting, power
systems and controls;
(B) any improvement, repair, renovation, or
installation that leads to an improvement in teacher
and student health including but not limited to indoor
air quality, daylighting, ventilation, electrical
lighting, and acoustics; and
(C) the installation of renewable energy
technologies (such as wind power, photovoltaics, solar
thermal systems, geothermal energy, hydrogen-fueled
systems, biomass-based systems, biofuels, anaerobic
digesters, and hydropower) involved in the improvement,
repair, or renovation to a school.
(b) Authority.--From amounts made available for grants under this
section, the Secretary of Energy shall provide competitive grants to
eligible entities to make energy improvements authorized by this
section.
(c) Priority.--In making grants under this subsection, the
Secretary shall give priority to eligible entities that have
renovation, repair, and improvement funding needs and are--
(1) a high-need local educational agency, as defined in
section 2102 of the Elementary and Secondary Education Act of
1965 (20 14 U.S.C. 6602); or
(2) a local educational agency designated with a
metrocentric locale code of 41, 42, or 43 as determined by the
National Center for Education Statistics (NCES), in conjunction
with the Bureau of the Census, using the NCES system for
classifying local educational agencies.
(d) Competitive Criteria.--The competitive criteria used by the
Secretary shall include the following:
(1) The fiscal capacity of the eligible entity to meet the
needs for improvements of school facilities without assistance
under this section, including the ability of the eligible
entity to raise funds through the use of local bonding capacity
and otherwise.
(2) The likelihood that the local educational agency or
eligible entity will maintain, in good condition, any facility
whose improvement is assisted.
(3) The potential energy efficiency and safety benefits
from the proposed energy improvements.
(e) Applications.--To be eligible to receive a grant under this
section, an applicant must submit to the Secretary an application that
includes each of the following:
(1) A needs assessment of the current condition of the
school and facilities that are to receive the energy
improvements.
(2) A draft work plan of what the applicant hopes to
achieve at the school and a description of the energy
improvements to be carried out.
(3) A description of the applicant's capacity to provide
services and comprehensive support to make the energy
improvements.
(4) An assessment of the applicant's expected needs for
operation and maintenance training funds, and a plan for use of
those funds, if any.
(5) An assessment of the expected energy efficiency and
safety benefits of the energy improvements.
(6) A cost estimate of the proposed energy improvements.
(7) An identification of other resources that are available
to carry out the activities for which funds are requested under
this section, including the availability of utility programs
and public benefit funds.
(f) Use of Grant Amounts.--
(1) In general.--The recipient of a grant under this
section shall use the grant amounts only to make the energy
improvements contemplated in the application, subject to the
other provisions of this subsection.
(2) Operation and maintenance training.--The recipient may
use up to 5 percent for operation and maintenance training for
energy efficiency and renewable energy improvements (such as
maintenance staff and teacher training, education, and
preventative maintenance training).
(3) Audit.--The recipient may use funds for a third-party
investigation and analysis for energy improvements (such as
energy audits and existing building commissioning).
(4) Continuing education.--The recipient may use up to 1
percent of the grant amounts to develop a continuing education
curriculum relating to energy improvements.
(g) Contracting Requirements.--
(1) Davis-bacon.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section shall
be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-Bacon
Act).
(2) Competition.--Each applicant that receives funds shall
ensure that, if the applicant carries out repair or renovation
through a contract, any such contract process--
(A) ensures the maximum number of qualified
bidders, including small, minority, and women-owned
businesses, through full and open competition; and
(B) gives priority to businesses located in, or
resources common to, the State or the geographical area
in which the project is carried out.
(h) Reporting.--Each recipient of a grant under this section shall
submit to the Secretary, at such time as the Secretary may require, a
report describing the use of such funds for energy improvements, the
estimated cost savings realized by those energy improvements, the
results of any audit, the use of any utility programs and public
benefit funds and the use of performance tracking for energy
improvements (such as the Department of Energy: Energy Star program or
LEED for Existing Buildings).
(i) Best Practices.--The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2020 through 2024.
PART 7--HOMEOWNER MANAGING ENERGY SAVINGS
SEC. 32701. SHORT TITLE.
This part may be cited as the ``Home Owner Managing Energy Savings
Act of 2019'' or the ``HOMES Act''.
SEC. 32702. DEFINITIONS.
In this part:
(1) BPI.--The term ``BPI'' means the Building Performance
Institute.
(2) Energy audit.--The term ``energy audit'' means an
inspection, survey, and analysis of energy flows for energy
conservation in a building, process, or system to reduce the
amount of energy input into the system without negatively
affecting the output. An energy audit is the first step in
identifying opportunities to reduce energy expense and carbon
footprints.
(3) Electric utility.--The term ``electric utility'' means
any company, person, cooperative, State, or Indian tribe agency
that delivers or sells electric energy at retail, including
nonregulated utilities, utilities that are subject to State or
Indian tribe rate regulation, and Federal power marketing
administrations.
(4) Federal rebate processing system.--The term ``Federal
Rebate Processing System'' means the Federal Rebate Processing
System established under section 32703(b).
(5) Home.--The term ``home'' means a residential dwelling
unit in a building with no more than 4 dwelling units that--
(A) is located in the United States;
(B) was constructed before the date of enactment of
this Act; and
(C) is occupied at least six months out of the
year.
(6) Home energy savings retrofit rebate program.--The terms
``Home Energy Savings Retrofit Rebate Program'' or ``Program''
means the Home Energy Savings Retrofit Rebate Program
established under section 32703(a).
(7) Homeowner.--The term ``homeowner'' means the owner of
an owner-occupied home or a tenant-occupied home.
(8) 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).
(9) Natural gas utility.--The term ``natural gas utility''
means any company, person, cooperative, State or local
governmental agency or instrumentality, or Indian tribe that
transports, distributes, or sells natural gas at retail.
(10) Qualified contractor.--The term ``qualified
contractor'' means a residential energy efficiency contractor
that meets minimum applicable requirements established under
section 32704.
(11) Qualified home energy efficiency retrofit.--The term
``qualified home energy efficiency retrofit'' means a retrofit
described in section 32708(d).
(12) Quality assurance program.--The term ``quality
assurance program'' means a program established under this
part, or recognized by the Secretary under this part, to
oversee the delivery of home efficiency retrofit programs to
ensure that work is performed in accordance with standards and
criteria established under this part. Delivery of retrofit
programs includes delivery of quality assurance reviews of
rebate applications and field inspections. Individuals
performing quality assurance work under a quality assurance
program must be certified under an ANSI accredited quality
control inspection certification designation.
(13) Quality assurance provider.--The term ``quality
assurance provider'' means any entity that meets the minimum
applicable requirements established under section 32706.
(14) Rebate aggregator.--The term ``rebate aggregator''
means an entity that meets the requirements of section 32705.
(15) RESNET.--The term ``RESNET'' means the Residential
Energy Services Network, which is a nonprofit certification and
standard setting organization for home energy raters that
evaluate the energy performance of a home and Energy Smart
Contractors that make energy improvements to the home.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(17) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the United States Virgin Islands; and
(H) any other territory or possession of the United
States.
SEC. 32703. HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM.
(a) In General.--The Secretary shall establish the Home Energy
Savings Retrofit Rebate Program.
(b) Federal Rebate Processing System.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of the Treasury, shall--
(A) establish a Federal Rebate Processing System
which shall serve as a database and information
technology system that will allow rebate aggregators to
submit claims for reimbursement using standard data
protocols;
(B) establish a national retrofit website that
provides information on the Home Energy Savings
Retrofit Rebate Program, including--
(i) how to determine whether particular
efficiency measures are eligible for rebates;
and
(ii) how to participate in the Program; and
(C) make available model forms for demonstrating
compliance with all applicable requirements of this
part, which shall be required to be submitted by--
(i) each qualified contractor on completion
of an eligible home energy retrofit; and
(ii) each quality assurance provider on
completion of field verification.
(2) Model forms.--In carrying out paragraph (1)(C), the
Secretary shall convene a group of stakeholders that are
directly and materially affected by the Program to develop the
final forms.
SEC. 32704. CONTRACTORS.
(a) Contractor Qualifications.--A contractor may perform retrofit
work under the Home Energy Savings Retrofit Rebate Program in a State
if the contractor--
(1) meets all applicable contractor licensing requirements
established by the State;
(2) is--
(A) accredited by--
(i) BPI as a BPI GoldStar Contractor;
(ii) RESNET as an Energy Smart Home
Performance Team;
(iii) ACCA as a QA Home Performance
Contractor;
(iv) a State-based certification program
established to carry out State energy, clean
air, or environmental programs; or
(v) an equivalent accreditation program
approved by the Secretary for this purpose; or
(B) the general contractor, and--
(i) subjects the energy efficiency retrofit
to a third-party review by a party approved by
the Secretary and a quality assurance
inspection authorized by the Secretary; and
(ii) employs, or utilizes subcontractors
who employ, individuals to complete individual
or comprehensive scopes of work related to the
energy efficiency retrofit who are certified
by--
(I) BPI;
(II) RESNET;
(III) NATE;
(IV) ACCA;
(V) LIUNA;
(VI) the Regional and State
Department of Energy Weatherization
Training Centers; or
(VII) other contractor or worker
certification programs approved by the
Secretary;
(3) holds insurance coverage of at least $1,000,000 for
general liability, and for such other purposes and in such
other amounts as required by the State;
(4) provides warranties to the homeowner that completed
work will--
(A) be free of significant defects;
(B) be installed in accordance with the
specifications of the manufacturer, and all applicable
State and local codes; and
(C) perform properly for a period of at least 1
year after the date of completion of the work; and
(5) completes an energy audit to determine the impact of
the proposed energy efficiency measures in accordance with an
ANSI accredited energy auditing standard.
(b) Agreement Between Contractor and Homeowner.--A contractor who
performs retrofit work under the Home Energy Savings Retrofit Rebate
Program must sign a written or electronic contract with the homeowner
that includes--
(1) an agreement to not increase the cost of the home
improvement as a result of the rebates received under this part
with respect to physical improvements made to the home;
(2) if the contractor and homeowner choose the transferable
rebate option authorized under section 32707, an agreement to
provide the homeowner, before a contract is executed between
the contractor and the homeowner covering the eligible work, a
notice of the rebate amount the contractor intends to apply for
with respect to eligible work under this part; and
(3) a notice that the homeowner acknowledges that they--
(A) reviewed the national retrofit website for the
Program;
(B) understand the scope of work intended to be
completed and that such work may be eligible for a
rebate under the Program; and
(C) understand that the rebate funds are fully
subject to availability from the Department of Energy
or rebate aggregator and not within the control of the
contractor.
SEC. 32705. REBATE AGGREGATORS.
(a) In General.--The Secretary shall develop a network of rebate
aggregators or a national rebate aggregator that can facilitate the
delivery of rebates to homeowners or contractors participating in the
Home Energy Savings Retrofit Rebate Program by--
(1) reviewing the proposed rebate application for
completeness and accuracy;
(2) reviewing measures for eligibility in accordance with
this part;
(3) providing data to the Federal Rebate Processing System
consistent with data protocols established by the Secretary;
and
(4) not later than 30 days after the date of receipt,
distributing funds received from the Department of Energy to
homeowners or contractors.
(b) Eligibility.--To be eligible to apply to the Secretary for
approval as a rebate aggregator, an entity shall be--
(1) a Home Performance with Energy Star program sponsor;
(2) an entity administering a residential or building
energy efficiency retrofit program, solar program, or other
such program impacting energy efficiency in homes established
or approved by a State or local government;
(3) a Federal power marketing administration, an electric
utility, or a natural gas utility that has--
(A) a residential energy efficiency retrofit
program; and
(B) a quality assurance provider or provider
network; or
(4) an entity that demonstrates to the Secretary that the
entity can perform the functions of a rebate aggregator,
without disrupting existing residential retrofits in the States
that are incorporating the Home Energy Savings Retrofit Rebate
Program, including demonstration of--
(A) the capability to provide electronic data to
the Federal Rebate Processing System;
(B) a financial system that is capable of tracking
the distribution of rebates to participating
contractors; and
(C) coordination and cooperation by the entity with
the appropriate State energy office regarding
participation in the existing energy efficiency
programs that will be delivering the Home Energy
Savings Retrofit Rebate Program.
(c) Public Utility Commission Efficiency Targets.--The Secretary
shall--
(1) develop guidelines for States and local governments to
use to allow utilities participating as rebate aggregators to
count the energy savings from the participation of the
utilities toward State and local level energy savings targets;
and
(2) work with States and local governments to assist in the
adoption of those guidelines for the purposes and duration of
the Home Energy Savings Retrofit Rebate Program.
SEC. 32706. QUALITY ASSURANCE PROVIDERS.
(a) Qualifications.--An entity shall be considered a quality
assurance provider under this part only if the entity is qualified
through--
(1) the BPI;
(2) RESNET; or
(3) any other entity designated by the Secretary such as a
State, local government, or State-approved or local government-
approved residential energy efficiency retrofit program.
(b) Functions.--A quality assurance provider shall--
(1) be independent of the contractor;
(2) confirm that contractors or installers of home energy
efficiency retrofits meet the qualification requirements of
this part; and
(3) perform field inspections to confirm the compliance of
the retrofit work and the simulated energy savings under the
Home Energy Savings Retrofit Rebate Program.
SEC. 32707. TRANSFERABILITY OF HOME ENERGY SAVINGS REBATE.
A homeowner may transfer the rebate provided under the Home Energy
Savings Retrofit Rebate Program to the contractor performing the
retrofit work if the contractor completes a form that accompanies the
rebate form developed under section 32703(b). This form, to be made
publically available by the Secretary 90 days after the date of
enactment of this Act, must be approved by paper signature or
electronically by the homeowner and include--
(1) the amount of the rebate the contractor will submit for
disbursement to the contractor;
(2) the level of energy use reduction of the home retrofit
certified under section 32708(e)(4), and assurance that the
contractor will provide the certificate to the homeowner within
30 days of receipt from the Department of Energy;
(3) a documentation report of the retrofit performed and
paid by the homeowner; and
(4) confirmation from the homeowner that they understand
they have the right to submit directly for the rebate and have
chosen to transfer the credit in full to the contractor.
SEC. 32708. HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM.
(a) In General.--If a qualified home energy efficiency retrofit of
a home is carried out after the date of enactment of this Act by a
qualified contractor in accordance with this part, subject to
appropriations made available for such purpose, rebates shall be
awarded for retrofits that achieve home energy savings in accordance
with this part.
(b) Amount of Rebates.--
(1) In general.--Subject to subsection (e), the amount of a
rebate provided to the owner of a home or a designee of the
owner under this section shall be determined in accordance with
the following formula:
(A) Retrofits that are projected to save at least
20 percent of energy use (Home Performance Retrofits)
shall receive a rebate of $2,500.
(B) Retrofits that are projected to save at least
40 percent of energy use (Deep Home Performance
Retrofits) shall receive a rebate of $5,000.
(2) Rebate payment.--
(A) In general.--The rebate shall be paid, based on
energy savings as calculated under subsection (e),
within 60 days after--
(i) submission of the required rebate
forms; and
(ii) the completion of any quality
assurance assessment required under
subparagraph (B).
(B) Quality assurance assessments.--The Secretary
shall establish a schedule of required quality
assurance assessments. In the first year of the
Program, the first 10 homes retrofit by each contractor
and then 60 percent of all future homes shall be
required to have a quality assurance assessment. The
Secretary shall establish a cost effective schedule of
required quality assurance assessments for subsequent
years based on performance under the Program.
(C) Bonus incentive.--Recipients of grants under
section 32709 and rebate aggregators are encouraged to
present a proposal to the Secretary for an incentive
bonus for contractors who have delivered services to
consumers and who have achieved a 70 percent or greater
realization rate for predicted gross energy cost
savings achieved by their portfolio of participating
customers. Bonus incentives under such a proposal may
be up to 20 percent of the rebate paid to the
homeowner.
(3) Limitation.--In no event shall the amount of rebates
under this subsection exceed--
(A) $10,000 with respect to any individual; or
(B) 50 percent of the qualified home energy
efficiency expenditures paid or incurred by the
homeowner under subsection (c).
(c) Qualified Home Energy Efficiency Expenditures.--For purposes of
this section, the term ``qualified home energy efficiency
expenditures''--
(1) means any amount paid or incurred by a homeowner for a
qualified home energy efficiency retrofit, including the cost
of diagnostic procedures, labor, reporting, and modeling; and
(2) does not include--
(A) improvements to swimming pools or hot tubs; or
(B) any amount paid or incurred to purchase or
install a biomass, wood, or wood pellet furnace,
boiler, or stove, unless the system--
(i) is designed to meet at least 70 percent
of the heating demands of the home;
(ii) in the case of woodstoves, is
certified by the Environmental Protection
Agency;
(iii) in the case of a wood stove
replacement, replaces an existing wood stove
with a stove that is certified by the
Environmental Protection Agency, if a voucher
is provided by the installer or other
responsible party certifying that the old stove
has been removed and made inoperable;
(iv) in the case of a furnace or boiler, is
in a home with a distribution system (such as
piping, ducts, vents, blowers, or affixed fans)
that allows heat from the furnace or boiler to
reach all or most parts of the home; and
(v) is certified by an independent test
laboratory approved by the Secretary as
having--
(I) thermal efficiency (with a high
heating value) of at least 75 percent
for stoves and 80 percent for furnaces
and boilers;
(II) particulate emissions of less
than 3.0 grams per hour for wood stoves
or pellet stoves; and
(III) less than 0.07 lbs per
million BTU for outdoor boilers and
furnaces.
(d) Qualified Home Energy Efficiency Retrofit.--
(1) In general.--A qualified home energy efficiency
retrofit is a retrofit that implements measures, during a
rebate-eligible year in the existing principal residence of the
homeowner which is located in the United States, intended to
reduce the energy use of such residence. A qualified home
energy efficiency retrofit shall--
(A) be implemented and installed by a qualified
contractor;
(B) install a set of measures modeled to achieve a
reduction in home energy use of 20 percent or more from
the baseline established under subparagraph (C), using
computer modeling software approved under paragraph
(2);
(C) establish the baseline energy use as provided
in subsection (e)(1)(C);
(D) implement a test-out procedure, following
guidelines of the applicable accrediting program
established by an organization identified in section
32704(a)(2) or equivalent guidelines approved by the
Secretary for this purpose, to ensure--
(i) the safe operation of all systems post
retrofit; and
(ii) that, except as provided in paragraph
(3), all improvements are included in, and have
been installed according to--
(I) standards of the applicable
accrediting program established by an
organization identified in section
32704(a)(2);
(II) manufacturers installation
specifications; and
(III) all applicable State and
local codes or equivalent standards
approved by the Secretary for this
purpose;
(E) include only measures that have an average
estimated life of 5 years or more as determined by the
Secretary;
(F) not include funds paid or incurred in
connection with any expansion of the square footage of
the residence; and
(G) not include improvements to swimming pools or
hot tubs or any other expenditure specifically excluded
by the Secretary.
(2) Approved modeling software.--The contractor shall use
modeling software certified by RESNET as following the software
verification test suites in section 4.2.1 of RESNET Publication
No. 13-001, or under equivalent standards approved by the
Secretary for this purpose, and shall have the ability at a
minimum to assess the savings associated with all the measures
for Home Energy Savings Retrofit Rebate Program.
(3) Exception.--For purposes of paragraph (1)(D)(ii),
installation of gas-fired appliances shall comply with
requirements of the National Fuel Gas Code (ANSI Z223.1/NFPA
54) and applicable installation requirements in lieu of
performance of combustion tests outside those required by the
National Fuel Gas Code (2012 Edition) and the International
Fuel Gas Code (2012 Edition).
(e) Energy Use Reduction.--
(1) Determination of energy use reduction.--
(A) In general.--The reduction in energy use for
any residence shall be determined by modeling the
annual predicted percentage reduction in total energy
consumption or costs for heating, cooling, hot water,
and permanent lighting. It shall be modeled using
computer modeling software approved under subsection
(d)(2) and calibrated according to subparagraph (C) of
this paragraph.
(B) Energy costs.--For the purposes of subparagraph
(A), the energy cost per unit of fuel for each fuel
type shall be determined by dividing the total actual
energy bill (subtracting taxes and fees) for the
residence for that fuel type for the most recent
available 12-month period by the total energy units of
that fuel type used over the same period.
(C) Baseline energy use.--For the purposes of
subparagraph (A), the software model that establishes
the baseline energy use and predicted energy savings
shall be calibrated according to the procedures set
forth in sections 3 and 4 of ANSI/BPI Standard BPI-
2400-S-2012: Standard Practice for Standardized
Qualification of Whole-House Energy Savings Predictions
by Calibration to Energy Use History, or an equivalent
standard approved by the Secretary for this purpose.
(2) Documentation.--The percent improvement in energy
consumption calculated under this section shall be documented
through modeling software described in subsection (d)(2).
(3) Monitoring.--The Secretary--
(A) shall periodically evaluate the software
packages used for determining rebates under this
section;
(B) shall monitor and compare the predictions to
the real energy data, and based on the results, create
performance criteria to allow or disallow the software;
and
(C) may disallow the use of software programs that
improperly assess energy savings.
(4) Certificate of retrofit performance.--The Secretary
shall establish a system for distribution of a certificate of
performance in accordance with BPI-2101-S-2013: Standard
Requirements for a Certificate of Completion for Residential
Energy Efficiency Upgrades with the issuance of a rebate that
certifies the predicted level of energy use reduction achieved
by the retrofit. The certificate shall be provided to the
rebate recipient. If the recipient is the contractor under the
terms of section 32707, the contractor shall remit the
certificate to the homeowner, to be delivered or postmarked not
later than 30 days after the contractor's receipt of the
certificate.
(5) Exception.--The Secretary shall not utilize the
authority provided under this part to--
(A) develop, adopt, or implement a public labeling
system that rates and compares the energy performance
of one home with another; or
(B) require the public disclosure of an energy
performance evaluation or rating developed for any
specific home.
Nothing in this paragraph shall preclude the computation,
collection, or use, by the Secretary, rebate aggregators, or
quality assurance providers, or the States or Indian tribes,
for the purposes of gathering information on the rating and
comparison of the energy performance of homes with and without
energy efficiency retrofits.
(f) Qualification for Rebate.--On submission of a claim for a
retrofit rebate by a rebate aggregator, the Secretary shall provide
reimbursement to the rebate aggregator, if--
(1) the retrofit is a qualified home energy efficiency
retrofit;
(2) the amount of the reimbursement is not more than the
amount described in subsection (b);
(3) documentation required to verify the claim is
transmitted with the claim; and
(4) any quality assurance assessment required by the
Secretary or the rebate aggregator has been completed.
(g) Audits.--
(1) In general.--On making payment for a submission under
this section, the Secretary shall review rebate requests to
determine whether Program requirements were met in all
respects.
(2) Incorrect payment.--On a determination of the Secretary
under paragraph (1) that a payment was made incorrectly to a
party, not later than 3 years after the payment was provided
the Secretary shall--
(A) recoup the amount of the incorrect payment; or
(B) withhold the amount of the incorrect payment
from the next payment made to the party pursuant to a
subsequent request.
(h) Incentives.--The amount of incentives that the Secretary may
provide to quality assurance providers and rebate aggregators under
this part shall be--
(1) $50 for each rebate review and submission provided
under the Program;
(2) $250 for each field inspection conducted under the
Program; or
(3) such other amounts as the Secretary considers necessary
to carry out the quality assurance provisions of this part.
SEC. 32709. GRANTS TO STATES AND INDIAN TRIBES.
(a) In General.--A State or Indian tribe that receives a grant
under subsection (d) shall be permitted to use the grant for--
(1) administrative costs;
(2) oversight of quality assurance plans;
(3) development of a quality assurance program;
(4) establishment and delivery of financing pilots in
accordance with this part;
(5) coordination with existing residential retrofit
programs and infrastructure development to assist deployment of
the Home Energy Savings Retrofit Rebate Program; and
(6) the costs of carrying out the responsibilities of the
State or Indian tribe under the Home Energy Savings Retrofit
Rebate Program.
(b) Initial Grants.--Not later than 60 days after receipt of a
completed application for a grant under this section, the Secretary
shall either make the grant or provide to the applicant an explanation
for denying the grant.
(c) Indian Tribes.--The Secretary shall reserve an appropriate
amount of funding made available to carry out this section for each
fiscal year to make grants available to Indian tribes under this
section.
(d) State Allotments.--From the amounts made available to carry out
this section for each fiscal year remaining after the reservation
required under subsection (c), the Secretary shall make grants
available to States in accordance with section 32715.
(e) Quality Assurance Programs.--
(1) In general.--A State or Indian tribe may use a grant
made under this section to carry out a quality assurance
program that is--
(A) operated as part of a State or local government
approved energy conservation plan established under
part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.);
(B) managed by the office or the designee of the
office that is--
(i) responsible for the development of the
plan under section 362 of that Act (42 U.S.C.
6322); and
(ii) to the maximum extent practicable
conducting an existing energy efficiency
program; and
(C) in the case of a grant made to an Indian tribe,
managed by an entity designated by the Indian tribe to
carry out a quality assurance program or a national
quality assurance program manager.
(2) Noncompliance.--If the Secretary determines that a
State or Indian tribe has not provided or cannot provide
adequate oversight over a quality assurance program to ensure
compliance with this part, the Secretary may--
(A) withhold further quality assurance funds from
the State or Indian tribe; and
(B) require that quality assurance providers
operating in the State or by the Indian tribe be
overseen by a national quality assurance program
manager selected by the Secretary.
(f) Implementation.--A State or Indian tribe that receives a grant
under this section may implement a quality assurance program through
the State, the Indian tribe, or a third party designated by the State
or Indian tribe, including--
(1) an energy service company;
(2) an electric utility;
(3) a natural gas utility;
(4) a third-party administrator designated by the State or
Indian tribe; or
(5) a unit of local government.
(g) Public-Private Partnerships.--A State or Indian tribe that
receives a grant under this section is encouraged to form partnerships
with utilities, energy service companies, and other entities--
(1) to assist in marketing a program;
(2) to facilitate consumer financing;
(3) to assist in implementation of the Home Energy Savings
Retrofit Rebate Program, including installation of qualified
home energy efficiency retrofits; and
(4) to assist in implementing quality assurance programs.
(h) Coordination of Rebate and Existing State-Sponsored Programs.--
(1) In general.--A State or Indian tribe shall, to the
maximum extent practicable, prevent duplication through
coordination of a program authorized under this part with--
(A) the Energy Star appliance rebates program
authorized under the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5; 123 Stat. 115); and
(B) comparable programs planned or operated by
States, political subdivisions, electric and natural
gas utilities, Federal power marketing administrations,
and Indian tribes.
(2) Existing programs.--In carrying out this subsection, a
State or Indian tribe shall--
(A) give priority to--
(i) comprehensive retrofit programs in
existence on the date of enactment of this Act,
including programs under the supervision of
State utility regulators; and
(ii) using funds made available under this
part to enhance and extend existing programs;
and
(B) seek to enhance and extend existing programs by
coordinating with administrators of the programs.
SEC. 32710. QUALITY ASSURANCE PROGRAM.
(a) Plan.--As part of a grant application described in section
32709(b), a State or Indian tribe shall submit to the Secretary a plan
to implement a quality assurance program that covers all federally
assisted residential efficiency retrofit work administered, supervised,
or sponsored by the State or Indian tribe.
(b) Implementation.--The State or Indian tribe shall--
(1) develop a quality assurance program in consultation
with industry stakeholders, including representatives of
efficiency program managers, contractors, and environmental,
energy efficiency, and labor organizations; and
(2) implement the quality assurance program not later than
180 days after receipt of a grant under section 32709.
(c) Components.--The quality assurance program established under
this section shall include--
(1) maintenance of a list of qualified contractors
authorized to perform such retrofit work as described in
section 32704; and
(2) nonbinding targets and realistic plans for--
(A) the recruitment of small minority-owned or
women-owned business enterprises; and
(B) the employment of graduates of training
programs that primarily serve low-income populations
with a median income that is below 200 percent of the
poverty line (as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that section) by
participating contractors.
(d) Noncompliance.--If the Secretary determines that a State or
Indian tribe has not taken the steps required under this section, the
Secretary shall provide to the State or Indian tribe a period of at
least 90 days to comply before suspending the participation of the
State or Indian tribe in the program.
SEC. 32711. EVALUATION REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and annually thereafter, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report on the use of funds under this part.
(b) Contents.--The report submitted under subsection (a) shall
evaluate--
(1) how many eligible participants have participated in the
Program;
(2) how many jobs have been created through the Program,
directly and indirectly;
(3) what steps could be taken to promote further deployment
of energy efficiency and renewable energy retrofits;
(4) the quantity of verifiable energy savings, homeowner
energy bill savings, and other benefits of the Program;
(5) any waste, fraud, or abuse with respect to such funds;
and
(6) any other information the Secretary considers
appropriate.
(c) Noncompliance.--The Secretary shall require rebate aggregators,
States, and Indian tribes to provide the information required to enable
the Secretary to carry out this section. If the Secretary determines
that a rebate aggregator, State, or Indian tribe has not provided such
information on a timely basis, the Secretary shall provide to the
rebate aggregator, State, or Indian tribe a period of at least 90 days
to provide any necessary information, subject to withholding of funds
or reduction of future grant amounts, or decertification of rebate
aggregators.
SEC. 32712. ADMINISTRATION.
(a) In General.--Subject to section 32715(b), not later than 30
days after the date of enactment of this Act, the Secretary shall
provide such administrative and technical support to rebate
aggregators, States, and Indian tribes as is necessary to carry out
this part.
(b) Appointment of Personnel.--Notwithstanding the provisions of
title 5, United States Code, governing appointments in the competitive
service and General Schedule classifications and pay rates, the
Secretary may appoint such professional and administrative personnel as
the Secretary considers necessary to carry out this part.
(c) Rate of Pay.--The rate of pay for a person appointed under
subsection (b) shall not exceed the maximum rate payable for GS-15 of
the General Schedule under chapter 53 of title 5, United States Code.
(d) Information Collection.--The Secretary shall establish, and
make available to a homeowner, or the homeowner's designated
representative, seeking a rebate under this part, release forms
authorizing access by the Secretary, or a designated third-party
representative to information in the utility bills of the homeowner.
The form shall not include personal identifying information such as
name, address, social security number or other identifying information
as defined by the Secretary.
SEC. 32713. TREATMENT OF REBATES.
(a) In General.--For purposes of the Internal Revenue Code of 1986,
rebates received for a qualified home energy efficiency retrofit under
this part--
(1) shall not be considered taxable income to a homeowner;
and
(2) shall prohibit the consumer from applying for a tax
credit allowed under section 25C or 25D of that Code for the
same retrofit work performed in the home of the homeowner. If
the work is additional, and not included in the rebate
baseline, a homeowner may claim the credit.
(b) Notice.--
(1) In general.--A participating contractor shall provide
notice to a homeowner of the provisions of subsection (a)
before eligible work is performed in the home of the homeowner.
(2) Notice in rebate form.--A homeowner shall be notified
of the provisions of subsection (a) in the appropriate rebate
form developed by the Secretary, in consultation with the
Secretary of the Treasury.
SEC. 32714. PENALTIES.
(a) In General.--It shall be unlawful for any person to violate
this part (including any regulation issued under this part), other than
a violation as the result of a clerical error.
(b) Civil Penalty.--In addition to any penalty applicable under
other Federal law for fraud or other crimes, any person who commits a
violation of this part shall be liable to the United States for a civil
penalty in an amount that is not more than the higher of--
(1) $15,000 for each violation; or
(2) 3 times the value of any associated rebate under this
part.
(c) Administration.--The Secretary may--
(1) assess and compromise a penalty imposed under
subsection (b); and
(2) require from any entity the records and inspections
necessary to enforce this part.
SEC. 32715. FUNDING.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this part $250,000,000 for each of
fiscal years 2020 through 2024, to remain available until
expended.
(2) Maintenance of funding.--Funds provided under this
section shall supplement and not supplant any Federal and State
funding provided to carry out energy efficiency programs in
existence on the date of enactment of this Act.
(b) Grants to States.--
(1) In general.--Of the amounts provided under subsection
(a), not more than 6 percent shall be used to carry out section
32709.
(2) Distribution to state energy offices.--Not later than
45 days after the date of enactment of this Act, the Secretary
shall determine a formula to provide funds described in
paragraph (1) to State energy offices, in accordance with the
allocation formula for State energy conservation plans
established under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.).
(c) Tracking of Rebates and Expenditures.--Of the amount provided
under subsection (a), not more than 2.5 percent are authorized to be
appropriated to the Secretary to be used for costs associated with
tracking rebates and expenditures through the Federal Rebate Processing
System under this part, technical assistance to States, and related
administrative costs incurred by the Secretary.
(d) Program Review and Backstop Funding.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall perform a State-by-
State analysis and review the distribution of rebates under
this part.
(2) Adjustment.--The Secretary may allocate technical
assistance funding to assist States that have not sufficiently
benefitted from the Home Energy Savings Retrofit Rebate
Program.
SEC. 32716. PILOT PROGRAM.
(a) Establishment.--
(1) In general.--Notwithstanding any other provision of
this part, the Secretary shall establish a Residential Energy
Efficiency Pay for Performance pilot program for States to
encourage the use of measured energy savings, and financial
payments for those energy savings, in the operation of
residential energy efficiency programs.
(2) Criteria.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide common
measurement criteria, developed with input from home
performance industry stakeholders, to ensure comparability
among programs but allow flexibility in program design.
(b) Grants.--In carrying out the pilot program established under
this section, the Secretary shall provide, on a competitive basis,
grants to not less than 5 State energy offices.
(c) Authorization of Appropriations.--For fiscal year 2020, there
are authorized to be appropriated to carry out this section
$100,000,000.
(d) Definition.--In this section, the term ``State energy office''
means the office or agency of a State responsible for developing the
State energy plan for the State under section 362 of the Energy Policy
and Conservation Act (42 U.S.C. 6322).
Subtitle C--Energy Supply Infrastructure
PART 1--LOW-INCOME SOLAR
SEC. 33101. SHORT TITLE.
This part may be cited as the ``Low-Income Solar Act of 2019''.
SEC. 33102. LOAN AND GRANT PROGRAM FOR SOLAR INSTALLATIONS IN LOW-
INCOME AND UNDERSERVED AREAS.
(a) Definitions.--In this section:
(1) Administrative expenses.--The term ``administrative
expenses'' has such meaning as may be established by the
Secretary.
(2) Community solar facility.--The term ``community solar
facility'' means a photovoltaic solar electricity generating
facility that, as determined by the Secretary--
(A) through a voluntary program, provides electric
power or financial benefit to, or is owned by, multiple
community members;
(B) has a nameplate rating of 2 megawatts or less;
(C) is located in or near a community of
subscribers; and
(D) the owner or operator of which reserves not
less than 25 percent of the quantity of electricity
generated by the facility for low-income households
that are subscribers to the facility.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a low-income household;
(B) a unit of State, territorial, or local
government;
(C) an Indian Tribe;
(D) a Native Hawaiian community-based organization;
(E) 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, installing solar systems using a job
training or community volunteer-based
installation model; and
(F) for the loan program only, in addition to
entities described in subparagraphs (A) through (E), 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 low-income household the members of which
reside in an owner-occupied home.
(5) Indian tribe.--The term ``Indian Tribe'' means any
Indian Tribe, band, nation, or other organized group or
community, including any Alaska Native village, Regional
Corporation, or Village Corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(6) 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.
(7) Multi-family affordable housing.--The term ``multi-
family affordable housing'' means any federally subsidized
affordable housing complex in which at least 50 percent of the
units are reserved for low-income households.
(8) 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.
(9) 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.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Subscriber.--The term ``subscriber'' means an
electricity consumer who owns a subscription, or an equivalent
unit or share of the capacity or generation, of a community
solar facility.
(12) Subscription.--The term ``subscription'' means a share
in the capacity, or a proportional interest in the solar
electricity generation, of a community solar facility.
(13) 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.--Not more than 50 percent of funds made
available pursuant to subparagraph (A) for a fiscal
year shall be used to provide loans to eligible
entities for--
(i) construction or installation of
community solar facilities; or
(ii) construction or installation of
photovoltaic solar electricity generating
facilities to serve multi-family affordable
housing.
(C) Grants.--After allocating amounts to carry out
subparagraph (B), the Secretary shall use the remaining
funds made available pursuant to subparagraph (A) for a
fiscal year to provide grants to eligible entities for
eligible uses described in subsection (e).
(3) Goals and accountability.--In providing loans and
grants under this subsection, the Secretary shall take such
actions as may be necessary to ensure that--
(A) 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 while
providing job training or community engagement
opportunities with respect to each solar system
installed;
(B) 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;
(C) the program under this section 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;
(D) photovoltaic solar electricity generating
facilities installed using assistance provided under
this subsection--
(i) include job training and community
participation to the extent practicable; and
(ii) may include community participation in
which job trainees and volunteers assist in the
development of solar projects;
(E) assistance provided under this subsection
prioritizes development in underserved areas;
(F) photovoltaic solar electricity generating
facilities are developed using assistance provided
under this subsection on a geographically diverse basis
among the eligible entities; and
(G) 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.
(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) areas with a higher cost
burden with respect to the deployment
or installation of photovoltaic solar
electricity generating facilities;
(ii) rural areas;
(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 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 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;
(B) for a loan provided under this section,
establish--
(i) an interest rate equal to the then-
current cost of funds to the Department of the
Treasury for obligations of comparable maturity
to the loan; and
(ii) a payout time that maximizes the
savings to subscribers during the effective
period of the agreement; and
(C) 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 only for the following activities, for the purpose
of developing new photovoltaic solar electricity generating facilities
in the United States for low-income households and individuals who
otherwise would likely be unable to afford or purchase photovoltaic
solar electricity generating facilities:
(1) Photovoltaic solar equipment and installation.--To pay
the costs of--
(A) 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 costs
associated with installing the photovoltaic solar
equipment and storage.
(2) Job training.--To fund onsite job training and
community or volunteer engagement, including--
(A) 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
low-income solar policy, regulatory, and program design
to continue and expand the work of the entities;
(B) to foster community outreach and education
regarding the benefits of photovoltaic solar energy for
low-income 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,
associated with delivering proposed services, subject to the
requirement 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 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.--There is authorized to be appropriated to the
Secretary to carry out this section $200,000,000 for each of fiscal
years 2020 through 2024, to remain available until expended.
PART 2--SAFE, AFFORDABLE, AND ENVIRONMENTALLY SOUND NATURAL GAS
DISTRIBUTION
SEC. 33201. IMPROVING THE NATURAL GAS DISTRIBUTION SYSTEM.
(a) Establishment of Program.--The Secretary of Energy shall
establish a program to award grants to States, in accordance with this
section, for the purpose of providing incentives for natural gas
distribution companies to improve the public safety and environmental
performance of the natural gas distribution system.
(b) Grants to States.--
(1) In general.--A State may apply for a grant under this
section to provide funds to natural gas distribution companies
in the State that are carrying out an eligible project.
(2) Requirements.--In applying for a grant under this
section, a State shall demonstrate how the State rate-setting
program will ensure that funds provided to natural gas
distribution companies under this section are used in
accordance with the requirements of this section.
(c) Eligible Projects.--A project that is eligible to be funded
through a grant to a State under this section is a project carried out
by a natural gas distribution company to accelerate, expand, or enhance
the implementation of a plan approved by the State before the date of
enactment of this section for--
(1) replacement of cast and wrought iron and bare steel
pipes and other leak-prone components of the natural gas
distribution system; or
(2) inspection and maintenance programs for the natural gas
distribution system.
(d) Rate Assistance.--A natural gas distribution company receiving
funds through a grant to a State under this section may use such funds
only to offset the near-term incremental costs, as reflected in rate
increases to low-income households, of the eligible project.
(e) Limit to Transitional Assistance.--A State may provide funds to
a natural gas distribution company under this section for a period not
to exceed 4 years.
(f) Prioritization.--In awarding grants under this section, the
Secretary shall prioritize applications based on the expected results
of the State proposal with respect to--
(1) quantifiable benefits for public safety;
(2) the magnitude of methane emissions reductions;
(3) innovation in technical or policy approaches;
(4) the number of low-income households anticipated to
benefit from the assistance; and
(5) overall cost-effectiveness.
(g) Auditing and Reporting Requirements.--The Secretary shall
establish auditing and reporting requirements for States with respect
to grants awarded under this section.
(h) Definitions.--In this section:
(1) Low-income household.--The term ``low-income
household'' means a household that is eligible to receive
payments under section 2605(b)(2) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)).
(2) Natural gas distribution company.--The term ``natural
gas distribution company'' means a person or municipality
engaged in the local distribution of natural gas to the public.
(3) Natural gas distribution system.--The term ``natural
gas distribution system'' means the facilities used for the
local distribution of natural gas.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $150,000,000
per fiscal year, with the total amount not to exceed $1,500,000,000.
PART 3--CLEAN DISTRIBUTED ENERGY PROGRAM
SEC. 33301. SHORT TITLE.
This part may be cited as the ``Local Energy Supply and Resiliency
Act of 2019''.
SEC. 33302. DEFINITIONS.
In this part:
(1) Combined heat and power system.--The term ``combined
heat and power system'' means generation of electric energy and
heat in a single, integrated system that meets the efficiency
criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of
the Internal Revenue Code of 1986, under which heat that is
conventionally rejected is recovered and used to meet thermal
energy requirements.
(2) Demand response.--The term ``demand response'' means
changes in electric usage by electric utility customers from
the normal consumption patterns of the customers in response
to--
(A) changes in the price of electricity over time;
or
(B) incentive payments designed to induce lower
electricity use at times of high wholesale market
prices or when system reliability is jeopardized.
(3) Distributed energy.--The term ``distributed energy''
means energy sources and systems that--
(A) produce electric or thermal energy close to the
point of use using renewable energy resources or waste
thermal energy;
(B) generate electricity using a combined heat and
power system;
(C) distribute electricity in microgrids;
(D) store electric or thermal energy; or
(E) distribute thermal energy or transfer thermal
energy to building heating and cooling systems through
a district energy system.
(4) District energy system.--The term ``district energy
system'' means a system that provides thermal energy to
buildings and other energy consumers from one or more plants to
individual buildings to provide space heating, air
conditioning, domestic hot water, industrial process energy,
and other end uses.
(5) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(6) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(7) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and
distributed energy resources, including generators and energy
storage devices, within clearly defined electrical boundaries
that--
(A) acts as a single controllable entity with
respect to the grid; and
(B) can connect and disconnect from the grid to
operate in both grid-connected mode and island mode.
(8) Renewable energy resource.--The term ``renewable energy
resource'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and
thermal) energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(9) Renewable thermal energy.--The term ``renewable thermal
energy'' means heating or cooling energy derived from a
renewable energy resource.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Thermal energy.--The term ``thermal energy'' means--
(A) heating energy in the form of hot water or
steam that is used to provide space heating, domestic
hot water, or process heat; or
(B) cooling energy in the form of chilled water,
ice, or other media that is used to provide air
conditioning, or process cooling.
(12) Waste thermal energy.--The term ``waste thermal
energy'' means energy that--
(A) is contained in--
(i) exhaust gases, exhaust steam, condenser
water, jacket cooling heat, or lubricating oil
in power generation systems;
(ii) exhaust heat, hot liquids, or flared
gas from any industrial process;
(iii) waste gas or industrial tail gas that
would otherwise be flared, incinerated, or
vented;
(iv) a pressure drop in any gas, excluding
any pressure drop to a condenser that
subsequently vents the resulting heat;
(v) condenser water from chilled water or
refrigeration plants; or
(vi) any other form of waste energy, as
determined by the Secretary; and
(B)(i) in the case of an existing facility, is not
being used; or
(ii) in the case of a new facility, is not
conventionally used in comparable systems.
SEC. 33303. DISTRIBUTED ENERGY LOAN PROGRAM.
(a) Loan Program.--
(1) In general.--Subject to the provisions of this
subsection and subsections (b) and (c), the Secretary shall
establish a program to provide to eligible entities--
(A) loans for the deployment of distributed energy
systems in a specific project; and
(B) loans to provide funding for programs to
finance the deployment of multiple distributed energy
systems through a revolving loan fund, credit
enhancement program, or other financial assistance
program.
(2) Eligibility.--Entities eligible to receive a loan under
paragraph (1) include--
(A) a State, territory, or possession of the United
States;
(B) a State energy office;
(C) a tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304));
(D) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)); and
(E) an electric utility, including--
(i) a rural electric cooperative;
(ii) a municipally owned electric utility;
and
(iii) an investor-owned utility.
(3) Selection requirements.--In selecting eligible entities
to receive loans under this section, the Secretary shall, to
the maximum extent practicable, ensure--
(A) regional diversity among eligible entities to
receive loans under this section, including
participation by rural States and small States; and
(B) that specific projects selected for loans--
(i) expand on the existing technology
deployment program of the Department of Energy;
and
(ii) are designed to achieve one or more of
the objectives described in paragraph (4).
(4) Objectives.--Each deployment selected for a loan under
paragraph (1) shall promote one or more of the following
objectives:
(A) Improved security and resiliency of energy
supply in the event of disruptions caused by extreme
weather events, grid equipment or software failure, or
terrorist acts.
(B) Implementation of distributed energy in order
to increase use of local renewable energy resources and
waste thermal energy sources.
(C) Enhanced feasibility of microgrids, demand
response, or islanding.
(D) Enhanced management of peak loads for consumers
and the grid.
(E) Enhanced reliability in rural areas, including
high energy cost rural areas.
(5) Restriction on use of funds.--Any eligible entity that
receives a loan under paragraph (1) may only use the loan to
fund programs relating to the deployment of distributed energy
systems.
(b) Loan Terms and Conditions.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, in providing a loan under this section, the
Secretary shall provide the loan on such terms and conditions
as the Secretary determines, after consultation with the
Secretary of the Treasury, in accordance with this section.
(2) Specific appropriation.--No loan shall be made unless
an appropriation for the full amount of the loan has been
specifically provided for that purpose.
(3) Repayment.--No loan shall be made unless the Secretary
determines that there is reasonable prospect of repayment of
the principal and interest by the borrower of the loan.
(4) Interest rate.--A loan provided under this section
shall bear interest at a fixed rate that is equal or
approximately equal, in the determination of the Secretary, to
the interest rate for Treasury securities of comparable
maturity.
(5) Term.--The term of the loan shall require full
repayment over a period not to exceed the lesser of--
(A) 20 years; or
(B) 90 percent of the projected useful life of the
physical asset to be financed by the loan (as
determined by the Secretary).
(6) Use of payments.--Payments of principal and interest on
the loan shall--
(A) be retained by the Secretary to support energy
research and development activities; and
(B) remain available until expended, subject to
such conditions as are contained in annual
appropriations Acts.
(7) No penalty on early repayment.--The Secretary may not
assess any penalty for early repayment of a loan provided under
this section.
(8) Return of unused portion.--In order to receive a loan
under this section, an eligible entity shall agree to return to
the general fund of the Treasury any portion of the loan amount
that is unused by the eligible entity within a reasonable
period of time after the date of the disbursement of the loan,
as determined by the Secretary.
(9) Comparable wage rates.--Each laborer and mechanic
employed by a contractor or subcontractor in performance of
construction work financed, in whole or in part, by the loan
shall be paid wages at rates not less than the rates prevailing
on similar construction in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code.
(c) Rules and Procedures; Disbursement of Loans.--
(1) Rules and procedures.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall adopt
rules and procedures for carrying out the loan program under
subsection (a).
(2) Disbursement of loans.--Not later than 1 year after the
date on which the rules and procedures under paragraph (1) are
established, the Secretary shall disburse the initial loans
provided under this section.
(d) Reports.--Not later than 2 years after the date of receipt of
the loan, and annually thereafter for the term of the loan, an eligible
entity that receives a loan under this section shall submit to the
Secretary a report describing the performance of each program and
activity carried out using the loan, including itemized loan
performance data.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 33304. TECHNICAL ASSISTANCE AND GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a technical
assistance and grant program (referred to in this section as
the ``program'')--
(A) to disseminate information and provide
technical assistance directly to eligible entities so
the eligible entities can identify, evaluate, plan, and
design distributed energy systems; and
(B) to make grants to eligible entities so that the
eligible entities may contract to obtain technical
assistance to identify, evaluate, plan, and design
distributed energy systems.
(2) Technical assistance.--The technical assistance
described in paragraph (1) shall include assistance with one or
more of the following activities relating to distributed energy
systems:
(A) Identification of opportunities to use
distributed energy systems.
(B) Assessment of technical and economic
characteristics.
(C) Utility interconnection.
(D) Permitting and siting issues.
(E) Business planning and financial analysis.
(F) Engineering design.
(3) Information dissemination.--The information
disseminated under paragraph (1)(A) shall include--
(A) information relating to the topics described in
paragraph (2), including case studies of successful
examples;
(B) computer software and databases for assessment,
design, and operation and maintenance of distributed
energy systems; and
(C) public databases that track the operation and
deployment of existing and planned distributed energy
systems.
(b) Eligibility.--Any nonprofit or for-profit entity shall be
eligible to receive technical assistance and grants under the program.
(c) Applications.--
(1) In general.--An eligible entity desiring technical
assistance or grants under the program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Application process.--The Secretary shall seek
applications for technical assistance and grants under the
program--
(A) on a competitive basis; and
(B) on a periodic basis, but not less frequently
than once every 12 months.
(3) Priorities.--In selecting eligible entities for
technical assistance and grants under the program, the
Secretary shall give priority to eligible entities with
projects that have the greatest potential for--
(A) facilitating the use of renewable energy
resources;
(B) strengthening the reliability and resiliency of
energy infrastructure to the impact of extreme weather
events, power grid failures, and interruptions in
supply of fossil fuels;
(C) improving the feasibility of microgrids or
islanding, particularly in rural areas, including high
energy cost rural areas;
(D) minimizing environmental impact, including
regulated air pollutants and greenhouse gas emissions;
and
(E) maximizing local job creation.
(d) Grants.--On application by an eligible entity, the Secretary
may award grants to the eligible entity to provide funds to cover not
more than--
(1) 100 percent of the costs of the initial assessment to
identify opportunities;
(2) 75 percent of the cost of feasibility studies to assess
the potential for the implementation;
(3) 60 percent of the cost of guidance on overcoming
barriers to implementation, including financial, contracting,
siting, and permitting issues; and
(4) 45 percent of the cost of detailed engineering.
(e) Rules and Procedures.--
(1) Rules.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall adopt rules and
procedures for carrying out the program.
(2) Grants.--Not later than 120 days after the date of
issuance of the rules and procedures for the program, the
Secretary shall issue grants under this part.
(f) Reports.--The Secretary shall submit to Congress and make
available to the public--
(1) not less frequently than once every 2 years, a report
describing the performance of the program under this section,
including a synthesis and analysis of the information provided
in the reports submitted to the Secretary under section
33303(d); and
(2) on termination of the program under this section, an
assessment of the success of, and education provided by, the
measures carried out by eligible entities during the term of
the program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for the period of
fiscal years 2020 through 2024, to remain available until expended.
PART 4--STRATEGIC PETROLEUM RESERVE IMPROVEMENTS
SEC. 33401. STRATEGIC PETROLEUM RESERVE IMPROVEMENTS.
There is authorized to be appropriated $4,000,000,000, to remain
available until expended, for capital improvements on, and maintenance
of, the Strategic Petroleum Reserve established under part B of title I
of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.) to
ensure that the Reserve is operated and maintained in an
environmentally sound manner.
PART 5--REFINED PRODUCT RESERVES
SEC. 33501. REFINED PRODUCT RESERVES.
(a) Refined Product Reserves.--Title I of the Energy Policy and
Conservation Act (42 U.S.C. 6201 et seq.) is amended by adding at the
end the following:
``PART E--REFINED PRODUCT RESERVES
``SEC. 191. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Refined petroleum product.--The term `refined
petroleum product' means gasoline and such other products as
the Secretary determines, by rule, appropriate.
``(2) Reserve.--The term `Reserve' means--
``(A) the Northeast Gasoline Supply Reserve
established under this part;
``(B) the Southeast Refined Product Reserve
established under this part; or
``(C) any other regional refined petroleum product
supply reserve established under this part.
``(3) Northeast.--The term `Northeast' means the States of
New Jersey, New York, Vermont, Pennsylvania, Connecticut, Rhode
Island, Massachusetts, Maine, New Hampshire, and any other
contiguous State that the Secretary determines appropriate.
``(4) Southeast.--The term `Southeast' means the States of
North Carolina, South Carolina, Georgia, Florida, Alabama, and
any other contiguous State that the Secretary determines
appropriate.
``SEC. 192. ESTABLISHMENT.
``(a) In General.--The Secretary--
``(1) shall establish, maintain, and operate in the
Northeast a Northeast Gasoline Supply Reserve, which shall be a
component of the Strategic Petroleum Reserve established under
part B of this title;
``(2) shall, by rule, establish, maintain, and operate in
the Southeast a Southeast Refined Product Reserve, which shall
be a component of the Strategic Petroleum Reserve established
under part B of this title; and
``(3) may, by rule, establish, maintain, and operate in any
other region of the United States, a regional refined petroleum
product supply reserve, which shall be a component of the
Strategic Petroleum Reserve established under part B of this
title.
``(b) Limitation.--A Reserve established under this part shall
contain no more than 1 million barrels of refined petroleum products.
``(c) Application of Provisions.--Except as otherwise provided in
this part, the authorities and requirements of part B of this title
shall apply to each Reserve.
``SEC. 193. CONDITIONS FOR RELEASE; PLAN.
``(a) Sale of Products.--The Secretary may sell refined petroleum
products from a Reserve upon a finding by the President that there
exists, or is likely to exist within the next 30 days, a severe energy
supply interruption. Such a finding may be made only if the President
determines that--
``(1) a dislocation in the refined petroleum product market
that will affect the region for which the Reserve is
established has resulted or is likely to result from such
interruption; or
``(2) a circumstance, other than that described in
paragraph (1), exists that constitutes a regional shortage, of
the refined petroleum product in the Reserve, of significant
scope and duration and that action taken under this section
would assist directly and significantly in reducing the adverse
impact of such shortage.
``(b) Release of Petroleum.--After consultation with potentially
affected parties, the Secretary shall determine procedures governing
the release of refined petroleum products from a Reserve. The
procedures shall provide that--
``(1) the Secretary may--
``(A) sell refined petroleum products from a
Reserve through a competitive process; or
``(B) enter into exchange agreements for the
refined petroleum products that results in the
Secretary receiving a greater volume of such products
as repayment than the volume provided to the acquirer;
``(2) in all sales or exchanges described in paragraph (1),
the Secretary shall receive revenue or its equivalent in
refined petroleum products that provides the Department with
fair market value;
``(3) at no time may refined petroleum products be sold or
exchanged resulting in a loss of revenue or value to the United
States; and
``(4) the Secretary shall only sell or dispose of refined
petroleum products in a Reserve to entities customarily engaged
in the sale and distribution of such products.
``(c) Plan.--Not later than 60 days after the date of the enactment
of this section, the Secretary shall transmit to the President and, if
the President approves, to Congress a plan describing--
``(1) the proposed acquisition of storage and related
facilities or storage services for the Northeast Gasoline
Supply Reserve and the Southeast Refined Product Reserve,
including the potential use of storage facilities not currently
in use;
``(2) the proposed acquisition of refined petroleum
products for storage in such Reserves;
``(3) the anticipated methods of disposition of refined
petroleum products from such Reserves;
``(4) the estimated costs of establishment, maintenance,
and operation of such Reserves;
``(5) efforts the Department will take to minimize any
potential need for future drawdowns and ensure that
distributors and importers are not discouraged from maintaining
and increasing supplies to the Northeast and Southeast; and
``(6) actions to be taken to ensure quality of the refined
petroleum products in such Reserves.
``SEC. 194. PRODUCTS FOR STORAGE IN A RESERVE.
``(a) In General.--The Secretary may acquire, place in storage,
transport, or exchange refined petroleum products acquired by purchase
or exchange.
``(b) Objectives.--The Secretary shall, to the greatest extent
practicable, acquire refined petroleum products for a Reserve in a
manner consonant with the following objectives:
``(1) Minimization of the cost of the Reserve.
``(2) Minimization of the Nation's vulnerability to a
severe energy supply interruption.
``(3) Minimization of the impact of an acquisition of
refined petroleum products on supply levels and market forces.
``(4) Encouragement of competition in the petroleum
industry.
``(c) Procedures.--The Secretary shall develop, with public notice
and opportunity for comment, procedures consistent with the objectives
of this section to acquire refined petroleum products for a Reserve.
Such procedures shall take into account the need to--
``(1) maximize overall domestic supply of refined petroleum
products (including quantities stored in private sector
inventories);
``(2) avoid incurring excessive cost or appreciably
affecting the price of refined petroleum products to consumers;
``(3) minimize the costs to the Department of Energy in
acquiring such refined petroleum products;
``(4) protect national security;
``(5) avoid adversely affecting current and futures prices,
supplies, and inventories of refined petroleum products; and
``(6) address such other factors that the Secretary
determines to be appropriate.
``(d) Severe Energy Supply Disruption.--If the Secretary finds that
a severe energy supply interruption may be imminent, the Secretary may
suspend the acquisition of refined petroleum products for a Reserve and
may sell any refined petroleum product acquired for, and in transit to,
such Reserve.''.
(b) Technical and Conforming Amendment.--The table of sections for
title I of the Energy Policy and Conservation Act is amended by
striking the items relating to the second part D, including section 181
of such part, and inserting the following:
``Part E--Refined Product Reserves
``Sec. 191. Definitions.
``Sec. 192. Establishment.
``Sec. 193. Conditions for release; plan.
``Sec. 194. Products for storage in a Reserve.''.
PART 6--DEPARTMENT OF ENERGY OFFICE OF INDIAN ENERGY
SEC. 33601. AMENDMENT TO REAUTHORIZE PROGRAMS TO ASSIST INDIAN TRIBES.
(a) Definition of Indian Land.--Section 2601(2) of the Energy
Policy Act of 1992 (25 U.S.C. 3501(2)) is amended--
(1) in subparagraph (B)(iii), by striking ``and'';
(2) in subparagraph (C), by striking ``land.'' and
inserting ``land; and''; and
(3) by adding at the end the following subparagraph:
``(D) any land in a census tract in which the
majority of the residents are Natives (as defined in
section 3(b) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(b))).''.
(b) Reduction of Cost Share.--Section 2602(b)(5) of the Energy
Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by adding at the
end the following subparagraph:
``(D) The Director may reduce any applicable cost share
required of an Indian tribe in order to receive a grant under
this subsection to not less than 10 percent if the Indian tribe
meets criteria developed by the Director, including financial
need.''.
(c) Authorization.--Section 2602(b)(7) of the Energy Policy Act of
1992 (25 U.S.C. 3502(b)(7)) is amended by striking ``$20,000,000 for
each of fiscal years 2006 through 2016'' and inserting ``$30,000,000
for each of fiscal years 2020 through 2024''.
Subtitle D--Smart Communities Infrastructure
PART 1--SMART COMMUNITIES
SEC. 34101. 3C ENERGY PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a
program to be known as the Cities, Counties, and Communities Energy
Program (or the 3C Energy Program) to provide technical assistance and
competitively awarded grants to local governments, public housing
authorities, nonprofit organizations, and other entities the Secretary
determines to be eligible, to incorporate clean energy into community
development and revitalization efforts.
(b) Best Practice Models.--The Secretary of Energy shall--
(1) provide a recipient of technical assistance or a grant
under the program established under subsection (a) with best
practice models that are used in jurisdictions of similar size
and situation; and
(2) assist such recipient in developing and implementing
strategies to achieve its clean energy technology goals.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2020 through 2024.
SEC. 34102. FEDERAL TECHNOLOGY ASSISTANCE.
(a) Smart City or Community Assistance Pilot Program.--
(1) In general.--The Secretary of Energy shall develop and
implement a pilot program under which the Secretary shall
contract with the national laboratories to provide technical
assistance to cities and communities, to improve the access of
such cities and communities to expertise, competencies, and
infrastructure of the national laboratories for the purpose of
promoting smart city or community technologies.
(2) Partnerships.--In carrying out the program under this
subsection, the Secretary of Energy shall prioritize assistance
for cities and communities that have partnered with small
business concerns.
(b) Technologist in Residence Pilot Program.--
(1) In general.--The Secretary of Energy shall expand the
Technologist in Residence pilot program of the Department of
Energy to include partnerships between national laboratories
and local governments with respect to research and development
relating to smart cities and communities.
(2) Requirements.--For purposes of the partnerships entered
into under paragraph (1), technologists in residence shall work
with an assigned unit of local government to develop an
assessment of smart city or community technologies available
and appropriate to meet the objectives of the city or
community, in consultation with private sector entities
implementing smart city or community technologies.
(c) Guidance.--The Secretary of Energy, in consultation with the
Secretary of Commerce, shall issue guidance with respect to--
(1) the scope of the programs established and implemented
under subsections (a) and (b); and
(2) requests for proposals from local governments
interested in participating in such programs.
(d) Considerations.--In establishing and implementing the programs
under subsections (a) and (b), the Secretary of Energy shall seek to
address the needs of small- and medium-sized cities.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2020 through 2024.
SEC. 34103. TECHNOLOGY DEMONSTRATION GRANT PROGRAM.
(a) In General.--The Secretary of Commerce shall establish a smart
city or community regional demonstration grant program under which the
Secretary shall conduct demonstration projects focused on advanced
smart city or community technologies and systems in a variety of
communities, including small- and medium-sized cities.
(b) Goals.--The goals of the program established under subsection
(a) are--
(1) to demonstrate--
(A) potential benefits of concentrated investments
in smart city or community technologies relating to
public safety that are repeatable and scalable; and
(B) the efficiency, reliability, and resilience of
civic infrastructure and services;
(2) to facilitate the adoption of advanced smart city or
community technologies and systems; and
(3) to demonstrate protocols and standards that allow for
the measurement and validation of the cost savings and
performance improvements associated with the installation and
use of smart city or community technologies and practices.
(c) Demonstration Projects.--
(1) Eligibility.--Subject to paragraph (2), a unit of local
government shall be eligible to receive a grant for a
demonstration project under this section.
(2) Cooperation.--To qualify for a demonstration project
under this section, a unit of local government shall agree to
follow applicable best practices identified by the Secretary of
Commerce and the Secretary of Energy, in consultation with
industry entities, to evaluate the effectiveness of the
implemented smart city or community technologies to ensure
that--
(A) technologies and interoperability can be
assessed;
(B) best practices can be shared; and
(C) data can be shared in a public, interoperable,
and transparent format.
(3) Federal share of cost of technology investments.--The
Secretary of Commerce--
(A) subject to subparagraph (B), shall provide to a
unit of local government selected under this section
for the conduct of a demonstration project a grant in
an amount equal to not more than 50 percent of the
total cost of technology investments to incorporate and
assess smart city or community technologies in the
applicable jurisdiction; but
(B) may waive the cost-share requirement of
subparagraph (A) as the Secretary determines to be
appropriate.
(d) Requirement.--In conducting demonstration projects under this
section, the Secretary shall--
(1) develop competitive, technology-neutral requirements;
(2) seek to leverage ongoing or existing civic
infrastructure investments; and
(3) take into consideration the non-Federal cost share as a
competitive criterion in applicant selection in order to
leverage non-Federal investment.
(e) Public Availability of Data and Reports.--The Secretary of
Commerce shall ensure that reports, public data sets, schematics,
diagrams, and other works created using a grant provided under this
section are--
(1) available on a royalty-free, non-exclusive basis; and
(2) open to the public to reproduce, publish, or otherwise
use, without cost.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (c) $100,000,000 for each of
fiscal years 2020 through 2024.
SEC. 34104. SMART CITY OR COMMUNITY.
(a) In General.--In this subtitle, the term ``smart city or
community'' means a community in which innovative, advanced, and
trustworthy information and communication technologies and related
mechanisms are applied--
(1) to improve the quality of life for residents;
(2) to increase the efficiency and cost effectiveness of
civic operations and services;
(3) to promote economic growth; and
(4) to create a community that is safer and more secure,
sustainable, resilient, livable, and workable.
(b) Inclusions.--The term ``smart city or community'' includes a
local jurisdiction that--
(1) gathers and incorporates data from systems, devices,
and sensors embedded in civic systems and infrastructure to
improve the effectiveness and efficiency of civic operations
and services;
(2) aggregates and analyzes gathered data;
(3) communicates the analysis and data in a variety of
formats;
(4) makes corresponding improvements to civic systems and
services based on gathered data; and
(5) integrates measures--
(A) to ensure the resilience of civic systems
against cybersecurity threats and physical and social
vulnerabilities and breaches;
(B) to protect the private data of residents; and
(C) to measure the impact of smart city or
community technologies on the effectiveness and
efficiency of civic operations and services.
PART 2--CLEAN CITIES COALITION PROGRAM
SEC. 34201. CLEAN CITIES COALITION NETWORK PROGRAM.
(a) Establishment.--There is established within the Department of
Energy a program to be known as the ``Clean Cities Coalition Network''.
(b) Projects and Activities.--Under the program established in
subsection (a), the Secretary and the Clean Cities coalitions shall
carry out projects and activities, to improve air quality and reduce
petroleum consumption in the transportation sector, that--
(1) encourage the use of alternative fuel vehicles and
alternative fuels;
(2) expedite the establishment of regional and national
infrastructure to fuel alternative fuel vehicles;
(3) reduce vehicle emissions; and
(4) promote fuel efficient technologies and traffic
management practices.
(c) Program Elements.--In carrying out the program established in
subsection (a) the Secretary shall--
(1) establish criteria for designating partnerships between
State and local governments, institutions of higher education,
and private entities as Clean Cities coalitions under the
program;
(2) designate partnerships that the Secretary determines
meet the criteria established under paragraph (1) as Clean
Cities coalitions;
(3) make awards to Clean Cities coalitions that provide
matching funds--
(A) to support project-specific activities of such
coalitions; and
(B) to promote public education and awareness of
alternative fuel vehicles and alternative fuels;
(4) make awards to Clean Cities coalitions for
administrative expenses of such coalitions;
(5) provide technical assistance and training to Clean
Cities coalitions;
(6) provide opportunities for communication among Clean
Cities coalitions; and
(7) maintain, and make available to the public, a
centralized database of information included in the reports
submitted under subsection (d).
(d) Annual Report.--Each Clean Cities coalition shall submit an
annual report to the Secretary on the activities and accomplishments of
the coalition.
(e) Definitions.--In this section:
(1) Alternative fuel.--The term ``alternative fuel'' has
the meaning given such term in section 32901 of title 49,
United States Code.
(2) Alternative fuel vehicle.--The term ``alternative fuel
vehicle'' any vehicle that is capable of operating, partially
or exclusively, on an alternative fuel.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $50,000,000 for fiscal year 2020;
(2) $55,000,000 for fiscal year 2021;
(3) $60,000,000 for fiscal year 2022;
(4) $65,000,000 for fiscal year 2023; and
(5) $70,000,000 for fiscal year 2024.
PART 3--ELECTRIC VEHICLE INFRASTRUCTURE
SEC. 34301. STATEMENT OF NATIONAL POLICY.
It is the policy of the United States to promote greater
electrification of the transportation sector in order to maintain a
transportation sector that can provide for the movement of people,
goods, and services and achieve each of the following, which together
characterize a transportation system with fewer negative environmental
effects:
(1) Reduced greenhouse gas emissions.
(2) Improved air quality.
(3) Greater fuel efficiency.
(4) Nationwide deployment of electric vehicles and
integration of electric vehicle supply equipment.
(5) Maintenance of a competitive domestic manufacturing
base and skilled workforce to provide electric vehicles and
electric vehicle supply equipment.
SEC. 34302. DEFINITIONS.
In this part, the following definitions apply:
(1) Electric vehicle supply equipment.--The term ``electric
vehicle supply equipment'' means the conductors, including the
ungrounded, grounded, and equipment grounding conductors, the
electric vehicle connectors, attachment plugs, and all other
fittings, devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 34303. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT.
(a) Development.--The Secretary shall develop a proposal to
establish or update, as appropriate, model building codes for--
(1) integrating electric vehicle supply equipment into
residential and commercial buildings that include space for
individual vehicle or fleet vehicle parking; and
(2) integrating onsite renewable power equipment and
electric storage equipment (including electric vehicle
batteries to be used for electric storage) in residential and
commercial buildings.
(b) Consultation.--In developing the proposal under subsection (a),
the Secretary shall consult with stakeholders representing the building
construction industry, manufacturers of electric vehicles and electric
vehicle supply equipment, State and local governments, and any other
persons with relevant expertise or interests.
(c) Deadline.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit the proposal developed under
subsection (a) to the American Society of Heating, Refrigerating, and
Air Conditioning Engineers and the International Code Council for
consideration.
SEC. 34304. UTILITY ELECTRIC VEHICLE CHARGING PROGRAMS.
(a) Consideration and Determination Respecting Certain Ratemaking
Standards.--Section 111(d) of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the
following:
``(20) Utility electric vehicle charging programs.--
``(A) In general.--Each State shall consider
authorizing each electric utility of the State to
recover from ratepayers any capital, operating
expenditure, or other costs of the electric utility
relating to the deployment of electric vehicle supply
equipment designed to provide vehicle charging or load
management.
``(B) Definition.--For purposes of this paragraph,
the term `electric vehicle supply equipment' means the
conductors, including the ungrounded, grounded, and
equipment grounding conductors, the electric vehicle
connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle.''.
(b) Obligations To Consider and Determine.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(7)(A) Not later than 1 year after the enactment of this
paragraph, each State regulatory authority (with respect to
each electric utility for which it has ratemaking authority)
and each nonregulated utility shall commence the consideration
referred to in section 111, or set a hearing date for
consideration, with respect to the standards established by
paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority), and each nonregulated electric utility,
shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to each
standard established by paragraph (20) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by striking ``(19)'' and inserting ``(20)''.
(3) Prior state actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by
adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) of this section
shall not apply to the standard established by paragraph (20) of
section 111(d) in the case of any electric utility in a State if,
before the enactment of this subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard concerned
(or a comparable standard) for such utility; or
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such
utility.''.
SEC. 34305. STATE TRANSPORTATION ELECTRIFICATION PLANNING GRANTS.
(a) State Energy Conservation Plans.--Section 362(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
(1) in paragraph (16), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) a State energy transportation plan developed in
accordance with section 367; and''.
(b) State Energy Transportation Plans.--Part D of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended
by adding at the end the following:
``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial assistance
to a State to develop a State energy transportation plan, for inclusion
in a State energy conservation plan under section 362(d), to promote
the electrification of the transportation system, reduced consumption
of fossil fuels, and improved air quality.
``(b) Contents.--A State developing a State energy transportation
plan under this section shall include in such plan a plan to--
``(1) deploy a network of electric vehicle supply equipment
to ensure access to electricity for electric vehicles; and
``(2) promote modernization of the electric grid to
accommodate demand for power to operate electric vehicle supply
equipment and to utilize energy storage capacity provided by
electric vehicles.
``(c) Coordination.--In developing a State energy transportation
plan under this section, a State shall coordinate, as appropriate,
with--
``(1) State regulatory authorities (as defined in section 3
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602));
``(2) electric utilities;
``(3) regional transmission organizations or independent
system operators;
``(4) private entities that provide electric vehicle
charging services;
``(5) State transportation agencies, metropolitan planning
organizations, and local governments;
``(6) electric vehicle manufacturers; and
``(7) public and private entities that manage vehicle
fleets.
``(d) Technical Assistance.--Upon request of the Governor of a
State, the Secretary shall provide information and technical assistance
in the development, implementation, or revision of a State energy
transportation plan.
``(e) Electric Vehicle Supply Equipment Defined.--For purposes of
this section, the term `electric vehicle supply equipment' means the
conductors, including the ungrounded, grounded, and equipment grounding
conductors, the electric vehicle connectors, attachment plugs, and all
other fittings, devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an electric
vehicle.''.
SEC. 34306. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary, acting through the Assistant Secretary of
the Office of Electricity Delivery and Energy Reliability (including
the Smart Grid Task Force), shall convene a group to assess progress in
the development of standards necessary to--
(1) support the expanded deployment of electric vehicle
supply equipment;
(2) develop an electric vehicle charging network to provide
reliable charging for electric vehicles nationwide; and
(3) ensure the development of such network will not
compromise the stability and reliability of the electric grid.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to the Committee on
Energy and Commerce of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate a report
containing the results of the assessment carried out under subsection
(a) and recommendations to overcome any barriers to standards
development or adoption identified by the group convened under such
subsection.
SEC. 34307. AUTHORIZATION OF APPROPRIATIONS.
(a) State Energy Conservation Plans.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as
follows:
``(f) Authorization of Appropriations.--
``(1) State energy conservation plans.--For the purpose of
carrying out this part, there is authorized to be appropriated
$100,000,000 for each of fiscal years 2020 through 2024.
``(2) State energy transportation plans.--In addition to
the amounts authorized under paragraph (1), for the purpose of
carrying out section 367, there is authorized to be
appropriated $25,000,000 for each of fiscal years 2020 through
2024.''.
(b) Transportation Electrification.--Section 131 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17011) is amended--
(1) in subsection (b)(6), by striking ``2008 through 2012''
and inserting ``2020 through 2024''; and
(2) in subsection (c)(4), by striking ``2008 through 2013''
and inserting ``2020 through 2024''.
TITLE IV--HEALTH CARE INFRASTRUCTURE
Subtitle A--Hospital Infrastructure
SEC. 41001. HOSPITAL INFRASTRUCTURE.
Section 1610(a) of the Public Health Service Act (42 U.S.C.
300r(a)) is amended by striking paragraph (3) and inserting the
following paragraphs:
``(3) Priority.--In awarding grants under this subsection, the
Secretary shall give priority to applicants whose projects will
include, by design, cybersecurity against cyber threats.
``(4) American Iron and Steel Products.--
``(A) In general.--As a condition on receipt of a grant
under this section for a project, an entity shall ensure that
all of the iron and steel products used in the project are
produced in the United States.
``(B) Application.--Subparagraph (A) shall be waived in any
case or category of cases in which the Secretary finds that--
``(i) applying subparagraph (A) would be
inconsistent with the public interest;
``(ii) iron and steel products are not produced in
the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
``(iii) inclusion of iron and steel products
produced in the United States will increase the cost of
the overall project by more than 25 percent.
``(C) Waiver.--If the Secretary receives a request for a
waiver under this paragraph, the Secretary shall make available
to the public, on an informal basis, a copy of the request and
information available to the Secretary concerning the request,
and shall allow for informal public input on the request for at
least 15 days prior to making a finding based on the request.
The Secretary shall make the request and accompanying
information available by electronic means, including on the
official public internet site of the Department of Health and
Human Services.
``(D) International agreements.--This paragraph shall be
applied in a manner consistent with United States obligations
under international agreements.
``(E) Management and oversight.--The Secretary may retain
up to 0.25 percent of the funds appropriated for this section
for management and oversight of the requirements of this
paragraph.
``(F) Effective date.--This paragraph does not apply with
respect to a project if a State agency approves the engineering
plans and specifications for the project, in that agency's
capacity to approve such plans and specifications prior to a
project requesting bids, prior to the date of enactment of this
paragraph.
``(5) Authorization of Appropriations.--To carry out this
subsection, there is authorized to be appropriated $400,000,000 for
each of fiscal years 2020 through 2024.''.
Subtitle B--Indian Health Program Health Care Infrastructure
SEC. 42001. 21ST CENTURY INDIAN HEALTH PROGRAM HOSPITALS AND OUTPATIENT
HEALTH CARE FACILITIES.
The Indian Health Care Improvement Act is amended by inserting
after section 301 of such Act (25 U.S.C. 1631) the following:
``SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, CONSTRUCTION,
MODERNIZATION, AND RENOVATION OF HOSPITALS AND OUTPATIENT
HEALTH CARE FACILITIES.
``(a) Additional Funding.--For the purpose described in subsection
(b), in addition to any other funds available for such purpose, there
is authorized to be appropriated to the Secretary $200,000,000 for each
of fiscal years 2020 through 2024.
``(b) Purpose.--The purpose described in this subsection is the
planning, design, construction, modernization, and renovation of
hospitals and outpatient health care facilities that are funded, in
whole or part, by the Service through, or provided for in, a contract
or compact with the Service under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.).''.
Subtitle C--Laboratory Infrastructure
SEC. 43001. PILOT PROGRAM TO IMPROVE LABORATORY INFRASTRUCTURE.
(a) In General.--The Secretary of Health and Human Services may
award grants to States and political subdivisions of States to support
the improvement, renovation, or modernization of infrastructure at
clinical laboratories (as defined in section 353 of the Public Health
Service Act (42 U.S.C. 263a)).
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000, to remain
available until expended.
Subtitle D--Community-Based Care Infrastructure
SEC. 44001. PILOT PROGRAM TO IMPROVE COMMUNITY-BASED CARE
INFRASTRUCTURE.
(a) In General.--The Secretary of Health and Human Services may
award grants to qualified teaching health centers (as defined in
section 340H of the Public Health Service Act (42 U.S.C. 256h)) and
behavioral health care centers (as defined by the Secretary, to include
both substance abuse and mental health care facilities) to support the
improvement, renovation, or modernization of infrastructure at such
centers.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000, to remain
available until expended.
Subtitle E--Public Health Infrastructure
SEC. 45001. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.
(a) In General.--
(1) Expanding cdc capabilities.--The Secretary of Health
and Human Services (in this section referred to as the
``Secretary'') shall expand, enhance, and improve the
capabilities of the Centers for Disease Control and Prevention
relating to information technology, data, and data systems for
preparing, detecting, and responding effectively to public
health events. Activities that may be carried out under the
preceding sentence include--
(A) optimizing public health data collection,
transmission, exchange, analysis, and visualization;
(B) exchanging data among the Centers for Disease
Control and Prevention, State, local, Tribal, and
territorial public health departments, and health care
providers;
(C) enhancing the interoperability of public health
data systems including with health information
technology; and
(D) expanding or enhancing the workforce and
training of public health data systems and informatics
personnel.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with appropriate State and local health
departments, health professionals, health information
technology experts, and other appropriate public or private
entities as determined appropriate by the Secretary to develop
technical and reporting standards (including standards for
interoperability) for public health data systems.
(b) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall award grants to
State, local, Tribal, and territorial public health departments that
meet such criteria as the Director determines appropriate, for public
health data systems, including systems for electronic case reporting.
(c) Report to Congress.--The Secretary shall submit a report to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate
on the activities carried out under this section.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000 for each of fiscal
years 2020 through 2024.
SEC. 45002. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, LOCAL, AND
TRIBAL HEALTH DEPARTMENTS.
(a) Program.--The Secretary of Health and Human Services acting
through the Director of the Centers for Disease Control and Prevention
(in this section referred to as the ``Secretary'') shall establish a
core public health infrastructure program consisting of awarding grants
under subsection (b).
(b) Grants.--
(1) Award.--For the purpose of addressing core public
health infrastructure needs, the Secretary--
(A) shall award a grant to each State health
department; and
(B) may award grants on a competitive basis to
State, local, or Tribal health departments.
(2) Allocation.--Of the total amount of funds awarded as
grants under this subsection for a fiscal year--
(A) not less than 50 percent shall be for grants to
State health departments under paragraph (1)(A); and
(B) not less than 30 percent shall be for grants to
State, local, or Tribal health departments under
paragraph (1)(B).
(c) Use of Funds.--The Secretary may award a grant to an entity
under subsection (b)(1) only if the entity agrees to use the grant to
address core public health infrastructure needs, including those
identified in the accreditation process under subsection (g).
(d) Formula Grants to State Health Departments.--In making grants
under subsection (b)(1)(A), the Secretary shall award funds to each
State health department in accordance with--
(1) a formula based on population size; burden of
preventable disease and disability; and core public health
infrastructure gaps, including those identified in the
accreditation process under subsection (g); and
(2) application requirements established by the Secretary,
including a requirement that the State submit a plan that
demonstrates to the satisfaction of the Secretary that the
State's health department will--
(A) address its highest priority core public health
infrastructure needs; and
(B) as appropriate, allocate funds to local health
departments within the State.
(e) Competitive Grants to State, Local, and Tribal Health
Departments.--In making grants under subsection (b)(1)(B), the
Secretary shall give priority to applicants demonstrating core public
health infrastructure needs identified in the accreditation process
under subsection (g).
(f) Maintenance of Effort.--The Secretary may award a grant to an
entity under subsection (b) only if the entity demonstrates to the
satisfaction of the Secretary that--
(1) funds received through the grant will be expended only
to supplement, and not supplant, non-Federal and Federal funds
otherwise available to the entity for the purpose of addressing
core public health infrastructure needs; and
(2) with respect to activities for which the grant is
awarded, the entity will maintain expenditures of non-Federal
amounts for such activities at a level not less than the level
of such expenditures maintained by the entity for the fiscal
year preceding the fiscal year for which the entity receives
the grant.
(g) Establishment of a Public Health Accreditation Program.--
(1) In general.--The Secretary shall--
(A) develop, and periodically review and update,
standards for voluntary accreditation of State, local,
and Tribal health departments and public health
laboratories for the purpose of advancing the quality
and performance of such departments and laboratories;
and
(B) implement a program to accredit such health
departments and laboratories in accordance with such
standards.
(2) Cooperative agreement.--The Secretary may enter into a
cooperative agreement with a private nonprofit entity to carry
out paragraph (1).
(h) Report.--The Secretary shall submit to the Congress an annual
report on progress being made to accredit entities under subsection
(g), including--
(1) a strategy, including goals and objectives, for
accrediting entities under subsection (g) and achieving the
purpose described in subsection (g)(1)(A); and
(2) identification of gaps in research related to core
public health infrastructure and recommendations of priority
areas for such research.
(i) Definition.--In this section, the term ``core public health
infrastructure'' includes workforce capacity and competency; laboratory
systems; health information, health information systems, and health
information analysis; communications; financing; other relevant
components of organizational capacity; and other related activities.
(j) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
(1) for fiscal year 2020, $300,000,000;
(2) for fiscal year 2021, $350,000,000;
(3) for fiscal year 2022, $400,000,000;
(4) for fiscal year 2023, $450,000,000; and
(5) for fiscal year 2024, $500,000,000.
SEC. 45003. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES FOR CDC.
(a) In General.--The Secretary acting through the Director of the
Centers for Disease Control and Prevention (in this section referred to
as the ``Secretary'') shall expand and improve the core public health
infrastructure and activities of the Centers for Disease Control and
Prevention to address unmet and emerging public health needs.
(b) Report.--The Secretary shall submit to the Congress an annual
report on the activities funded through this section.
(c) Definition.--In this section, the term ``core public health
infrastructure'' has the meaning given to such term in section 45002.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $350,000,000 for each of fiscal
years 2020 through 2024.
TITLE V--BROWNFIELDS REDEVELOPMENT
SEC. 50001. AUTHORIZATION OF APPROPRIATIONS.
Section 104(k)(13) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(13)) is
amended to read as follows:
``(13) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection--
``(A) $350,000,000 for fiscal year 2020;
``(B) $400,000,000 for fiscal year 2021;
``(C) $450,000,000 for fiscal year 2022;
``(D) $500,000,000 for fiscal year 2023; and
``(E) $550,000,000 for fiscal year 2024.''.
SEC. 50002. STATE RESPONSE PROGRAMS.
Section 128(a)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is
amended to read as follows:
``(3) Funding.--There is authorized to be appropriated to
carry out this subsection--
``(A) $70,000,000 for fiscal year 2020;
``(B) $80,000,000 for fiscal year 2021;
``(C) $90,000,000 for fiscal year 2022;
``(D) $100,000,000 for fiscal year 2023; and
``(E) $110,000,000 for fiscal year 2024.''.
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