[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4676 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4676

  To provide financial assistance to States and Indian Tribes for the 
 development, implementation, improvement, or expansion of a flex-tech 
energy program to enhance manufacturing competitiveness, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2021

  Mr. Tonko introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To provide financial assistance to States and Indian Tribes for the 
 development, implementation, improvement, or expansion of a flex-tech 
energy program to enhance manufacturing competitiveness, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Industrial Competitiveness Act 
of 2021''.

SEC. 2. STATE FLEX-TECH ENERGY PROGRAM.

    (a) In General.--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. FLEX-TECH ENERGY PROGRAM TO ENHANCE MANUFACTURING 
              COMPETITIVENESS.

    ``(a) Financial Assistance.--Upon request from the State energy 
agency of a State that has in effect an approved State energy 
conservation plan under this part, or an Indian Tribe, the Secretary 
shall provide financial assistance to such State energy agency or 
Indian Tribe to be used for the development, implementation, 
improvement, or expansion of a flex-tech energy program described in 
subsection (b) to enhance manufacturing competitiveness.
    ``(b) Flex-Tech Energy Program Elements.--
            ``(1) In general.--A flex-tech energy program may include--
                    ``(A) provision of technical and administrative 
                assistance to manufacturers through qualified 
                engineering firms, as determined by the State energy 
                agency or Indian Tribe;
                    ``(B) provision of financial assistance to 
                manufacturers--
                            ``(i) for energy studies of manufacturing 
                        facilities that are conducted by qualified 
                        engineering firms; and
                            ``(ii) to support the implementation of the 
                        measures and recommendations identified in 
                        energy studies conducted pursuant to clause 
                        (i), including the design, acquisition, 
                        installation, testing, operation, maintenance, 
                        and repair of energy- and water-using systems, 
                        resiliency-related measures, emissions 
                        reduction-related measures, utility cost 
                        savings measures, and measures related to 
                        advanced manufacturing technologies and 
                        artificial intelligence; and
                    ``(C) reporting on monitoring, tracking, and 
                success metrics of the program.
            ``(2) Studies.--An energy study of a manufacturing facility 
        conducted pursuant to paragraph (1)(B) may include--
                    ``(A) an evaluation of the energy-using systems of 
                the facility, including evaluation of the performance 
                of such systems relative to design intent, operational 
                needs of the facility and its occupants, and operation 
                and maintenance procedures;
                    ``(B) an evaluation of emissions related to the 
                facility, including greenhouse gas emissions, and 
                recommendations on sustainability planning and 
                practices;
                    ``(C) an evaluation of potential energy efficiency, 
                water efficiency, greenhouse gas emissions mitigation, 
                and load reduction measures for the facility;
                    ``(D) an evaluation of potential on-site energy 
                measures, including grid-interactive efficiency 
                systems, combined heat and power, efficient compressed 
                air systems, energy storage, energy management systems, 
                renewable thermal systems, and electrification or other 
                forms of fuel switching;
                    ``(E) recommendations on the use of new 
                technologies by the applicable manufacturer; and
                    ``(F) detailed estimates of potential 
                implementation costs, operating cost savings, energy 
                savings, emissions reductions, and simple payback 
                periods, for measures and recommendations identified in 
                such study.
            ``(3) Qualified engineering firms.--A State energy agency 
        or Indian Tribe administering a flex-tech energy program shall 
        maintain and regularly update a publicly available list of 
        qualified engineering firms that are approved by the State 
        energy agency or Indian Tribe to provide assistance to 
        manufacturers pursuant to this section.
    ``(c) Funding.--
            ``(1) Allocation.--Except as provided in paragraph (2), to 
        the extent practicable, the Secretary shall allocate funding 
        made available to carry out this section in accordance with the 
        formula used for distribution of Federal financial assistance 
        provided pursuant to this part to States that have in effect an 
        approved State energy conservation plan under this part.
            ``(2) Indian tribes.--The Secretary shall set aside and 
        distribute not less than 5 percent of amounts made available 
        for each fiscal year to carry out this section to provide 
        financial assistance--
                    ``(A) to Indian Tribes; or
                    ``(B) directly to manufacturers located in Indian 
                Country or, in the case of Alaska, an Alaska Native 
                Village Statistical Area, as identified by the U.S. 
                Census Bureau, for energy studies and implementation of 
                the measures and recommendations identified in such 
                energy studies, as described in subsection (b)(1)(B).
            ``(3) Use of funds.--
                    ``(A) Energy studies; administrative expenses.--A 
                State energy agency or Indian Tribe that receives 
                financial assistance pursuant to this section for a 
                fiscal year may not--
                            ``(i) use more than 50 percent of such 
                        financial assistance for energy studies;
                            ``(ii) use more than 50 percent of such 
                        financial assistance to support the 
                        implementation of recommendations from such 
                        energy studies; and
                            ``(iii) use more than 10 percent of such 
                        financial assistance for administrative 
                        expenses, including for outreach and technical 
                        assistance.
                    ``(B) Individual manufacturing facility.--A State 
                energy agency that receives financial assistance 
                pursuant to this section for a fiscal year may not use 
                more than 5 percent of such financial assistance with 
                respect to an individual manufacturing facility.
            ``(4) Supplement.--Financial assistance provided to a State 
        energy agency or Indian Tribe pursuant to this section shall be 
        used to supplement, not supplant, any Federal, State, or other 
        funds otherwise made available to such State under this part.
            ``(5) Financing.--To the extent practicable, a State energy 
        agency or Indian Tribe shall implement a flex-tech energy 
        program described in subsection (b) using funding provided 
        under this Act, public financing, private financing, or any 
        other sources of funds.
    ``(d) Technical Assistance.--
            ``(1) In general.--Upon request of a State energy agency or 
        Indian Tribe, the Secretary shall provide information and 
        technical assistance in the development, implementation, 
        improvement, or expansion of a flex-tech energy program 
        described in subsection (b).
            ``(2) Inclusions.--Technical assistance provided pursuant 
        to paragraph (1) may include program design options to, with 
        respect to manufacturers that employ fewer than 500 full-time 
        equivalent employees at a manufacturing facility--
                    ``(A) meet the needs of such manufacturers; and
                    ``(B) encourage the use of advanced manufacturing 
                processes by such manufacturers, including use of 
                additive manufacturing, advanced sensors and controls, 
                techniques to reduce embedded emissions, and advanced 
                composite materials.
    ``(e) Definitions.--In this section:
            ``(1) Indian country.--The term `Indian Country' means--
                    ``(A) all land within the limits of any Indian 
                reservation under the jurisdiction of the United States 
                Government, notwithstanding the issuance of any patent, 
                and, including rights-of-way running through the 
                reservation;
                    ``(B) all dependent Indian communities within the 
                borders of the United States whether within the 
                original or subsequently acquired territory thereof, 
                and whether within or without the limits of a State; 
                and
                    ``(C) all Indian allotments, the Indian titles to 
                which have not been extinguished, including rights-of-
                way running through the same.
            ``(2) 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).
            ``(3) State energy agency.--The term `State energy agency' 
        has the meaning given such term in section 391(10).''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act is amended by adding after the item related 
to section 366 the following:

``Sec. 367. Flex-tech energy program to enhance manufacturing 
                            competitiveness.''.
    (c) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
            (1) by striking ``For the purpose of carrying out this 
        part'' and inserting ``(1) For the purpose of carrying out this 
        part'';
            (2) by striking ``fiscal years 2007 through 2012'' and 
        inserting ``fiscal years 2022 through 2026''; and
            (3) by adding at the end the following:
    ``(2) In addition to the authorization of appropriations under 
paragraph (1), for the purposes of carrying out section 367, there are 
authorized to be appropriated $100,000,000 for each of fiscal years 
2022 through 2026.''.
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