[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5367 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5367

   To direct the Secretary of Energy to establish a program to award 
grants for qualifying advanced energy projects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2021

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

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Energy to establish a program to award 
grants for qualifying advanced energy projects, 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 ``Advancing Energy Manufacturing in 
Coal Communities Act''.

SEC. 2. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Advanced energy property.--The term ``advanced energy 
        property'' means--
                    (A) property designed to be used to produce energy 
                from the sun, water, wind, geothermal or hydrothermal 
                (as those terms are defined in section 612 of the 
                Energy Independence and Security Act of 2007 (42 U.S.C. 
                17191)) resources, enhanced geothermal systems (as 
                defined in that section), or other renewable resources;
                    (B) fuel cells, microturbines, or energy storage 
                systems and components;
                    (C) electric grid modernization equipment or 
                components;
                    (D) property designed to capture, remove, use, or 
                sequester carbon oxide emissions;
                    (E) equipment designed to refine, electrolyze, or 
                blend any fuel, chemical, or product that is--
                            (i) renewable; or
                            (ii) low-carbon and low-emission;
                    (F) property designed to produce energy 
                conservation technologies (including for residential, 
                commercial, and industrial applications);
                    (G)(i) light-, medium-, or heavy-duty electric or 
                fuel cell vehicles, electric or fuel cell locomotives, 
                electric or fuel cell maritime vessels, or electric or 
                fuel cell planes;
                    (ii) technologies, components, and materials of 
                those vehicles, locomotives, maritime vessels, or 
                planes; and
                    (iii) charging or refueling infrastructure 
                associated with those vehicles, locomotives, maritime 
                vessels, or planes;
                    (H)(i) hybrid vehicles with a gross vehicle weight 
                rating of not less than 14,000 pounds; and
                    (ii) technologies, components, and materials for 
                those vehicles; and
                    (I) other advanced energy property designed to 
                reduce greenhouse gas emissions, as may be determined 
                by the Secretary.
            (2) Covered census tract.--The term ``covered census 
        tract'' means a census tract--
                    (A) in which, after December 31, 1999, a coal mine 
                had closed;
                    (B) in which, after December 31, 2009, a coal-fired 
                electricity generating unit had been retired; or
                    (C) that is immediately adjacent to a census tract 
                described in subparagraph (A) or (B).
            (3) Eligible entity.--The term ``eligible entity'' means a 
        manufacturing firm--
                    (A) the gross annual sales of which are less than 
                $100,000,000;
                    (B) that has fewer than 500 employees at the plant 
                site of the manufacturing firm; and
                    (C) the annual energy bills of which total more 
                than $100,000 but less than $2,500,000.
            (4) Minority-owned.--The term ``minority-owned'', with 
        respect to an eligible entity, means an eligible entity not 
        less than 51 percent of which is owned by 1 or more individuals 
        who are--
                    (A) citizens of the United States; and
                    (B) Asian American, Native Hawaiian, Pacific 
                Islander, African American, Hispanic, Puerto Rican, 
                Native American, or Alaska Native.
            (5) Program.--The term ``Program'' means the grant program 
        established under subsection (b).
            (6) Qualifying advanced energy project.--The term 
        ``qualifying advanced energy project'' means a project that--
                    (A)(i) re-equips, expands, or establishes a 
                manufacturing or recycling facility for the production 
                or recycling, as applicable, of advanced energy 
                property; or
                    (ii) re-equips an industrial or manufacturing 
                facility with equipment designed to reduce the 
                greenhouse gas emissions of that facility substantially 
                below the greenhouse gas emissions under current best 
                practices, as determined by the Secretary, through the 
                installation of--
                            (I) low- or zero-carbon process heat 
                        systems;
                            (II) carbon capture, transport, 
                        utilization, and storage systems;
                            (III) technology relating to energy 
                        efficiency and reduction in waste from 
                        industrial processes; or
                            (IV) any other industrial technology that 
                        significantly reduces greenhouse gas emissions, 
                        as determined by the Secretary;
                    (B) has a reasonable expectation of commercial 
                viability, as determined by the Secretary; and
                    (C) is located in a covered census tract.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a program to award 
grants to eligible entities to carry out qualifying advanced energy 
projects.
    (c) Applications.--
            (1) In general.--Each 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 may require, including a description of the 
        proposed qualifying advanced energy project to be carried out 
        using the grant.
            (2) Selection criteria.--
                    (A) Projects.--In selecting eligible entities to 
                receive grants under the Program, the Secretary shall, 
                with respect to the qualifying advanced energy projects 
                proposed by the eligible entities, give higher priority 
                to projects that--
                            (i) will provide higher net impact in 
                        avoiding or reducing anthropogenic emissions of 
                        greenhouse gases;
                            (ii) will result in a higher level of 
                        domestic job creation (both direct and 
                        indirect) during the lifetime of the project;
                            (iii) will result in a higher level of job 
                        creation in the vicinity of the project, 
                        particularly with respect to--
                                    (I) low-income communities (as 
                                described in section 45D(e) of the 
                                Internal Revenue Code of 1986); and
                                    (II) dislocated workers who were 
                                previously employed in manufacturing, 
                                coal power plants, or coal mining;
                            (iv) have higher potential for 
                        technological innovation and commercial 
                        deployment;
                            (v) have a lower levelized cost of--
                                    (I) generated or stored energy; or
                                    (II) measured reduction in energy 
                                consumption or greenhouse gas emission 
                                (based on costs of the full supply 
                                chain); and
                            (vi) have a shorter project time.
                    (B) Eligible entities.--In selecting eligible 
                entities to receive grants under the Program, the 
                Secretary shall give priority to eligible entities that 
                are minority-owned.
    (d) Prevailing Wages.--To be eligible to receive a grant under the 
Program, an eligible entity shall submit to the Secretary a written 
assurance that all laborers and mechanics employed by any contractor or 
subcontractor in the performance of work funded, in whole or in part, 
by the grant shall be paid wages at rates not less than those 
prevailing on work of a similar character 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). With respect to the labor standards in this subsection, the 
Secretary of Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40, United States Code.
    (e) Project Completion and Location; Return of Unobligated Funds.--
            (1) Completion; return of unobligated funds.--An eligible 
        entity that receives a grant under the Program shall be 
        required--
                    (A) to complete the qualifying advanced energy 
                project funded by the grant not later than 3 years 
                after the date of receipt of the grant funds; and
                    (B) to return to the Secretary any grant funds that 
                remain unobligated at the end of that 3-year period.
            (2) Location.--If the Secretary determines that an eligible 
        entity awarded a grant under the Program has carried out the 
        applicable qualifying advanced energy project at a location 
        that is materially different from the location specified in the 
        application for the grant, the eligible entity shall be 
        required to return the grant funds to the Secretary.
    (f) Technical Assistance.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall provide technical 
        assistance on a selective basis to eligible entities that are 
        seeking a grant under the Program to enhance the impact of the 
        qualifying advanced energy project to be carried out using the 
        grant with respect to the selection criteria described in 
        subsection (c)(2)(A).
            (2) Applications.--An eligible entity desiring technical 
        assistance under paragraph (1) shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (3) Factors for consideration.--In selecting eligible 
        entities for technical assistance under paragraph (1), the 
        Secretary shall give higher priority to eligible entities that 
        propose a qualifying advanced energy project that has greater 
        potential for enhancement of the impact of the project with 
        respect to the selection criteria described in subsection 
        (c)(2)(A).
    (g) Publication of Grants.--The Secretary shall make publicly 
available the identity of each eligible entity awarded a grant under 
the Program and the amount of the grant.
    (h) Report.--Not later than 4 years after the date of enactment 
this Act, the Secretary shall--
            (1) review the grants awarded under the Program; and
            (2) 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 describing those grants.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the Program $750,000,000 for 
the period of fiscal years 2022 through 2026.
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