[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9046 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9046

     To establish a program to issue rebates for energy efficiency 
     improvements at industrial facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2022

   Mr. Michael F. Doyle of Pennsylvania (for himself and Mr. Casten) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To establish a program to issue rebates for energy efficiency 
     improvements at industrial facilities, 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; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Industrial 
Efficiency Incentive Act''.
    (b) Definitions.--In this Act:
            (1) Certified energy expert.--The term ``certified energy 
        expert'' means an expert that has been identified, through 
        testing and review by an independent, accredited certification 
        body that has been approved by the Secretary of Energy, as 
        meeting the Department of Energy's criteria for providing 
        energy efficiency and carbon reducing services to an eligible 
        facility.
            (2) Eligible facility.--The term ``eligible facility'' 
        means a nonpower industrial facility.
            (3) Industrial assessment centers.--The term ``Industrial 
        Assessment Centers'' means the Industrial Assessment Centers of 
        the Department of Energy.
            (4) Qualified entity.--The term ``qualified entity'' means 
        the owner or operator of an eligible facility.
            (5) Qualified technology.--The term ``qualified 
        technology'' means any technology--
                    (A) that is used at an eligible facility; and
                    (B) that--
                            (i) the use of which can be demonstrated to 
                        result in energy efficiency improvements of at 
                        least 20 percent over an eligible facility's 
                        existing technology and does not increase scope 
                        1 greenhouse gas emissions or scope 2 
                        greenhouse gas emissions, as such terms are 
                        defined by the Administrator of the 
                        Environmental Protection Agency, of the 
                        eligible facility;
                            (ii) the use of which can be demonstrated 
                        to reduce the amount of water used by at least 
                        20 percent over an eligible facility's existing 
                        technology; or
                            (iii) replaces fossil fuel-fired technology 
                        at an eligible facility.
            (6) Utility.--The term ``utility'' means a regulated entity 
        that provides electricity, natural gas, or water service to an 
        eligible facility.
            (7) Working group.--The term ``Working Group'' means the 
        Industrial Efficiency Working Group established under section 
        4(a).

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) reduce greenhouse gas emissions from the industrial 
        sector;
            (2) maximize the energy efficiency and water use efficiency 
        of United States industrial facilities;
            (3) make industrial facilities more financially viable by 
        making energy efficiency improvements at such facilities that 
        lower energy costs;
            (4) create opportunities for energy efficiency 
        manufacturing and installation jobs across the United States; 
        and
            (5) make the United States industrial sector the cleanest 
        in the world.

SEC. 3. SUSTAINABLE INDUSTRY REBATE PROGRAM.

    (a) In General.--The Secretary of Energy shall establish a program, 
to be known as the ``Sustainable Industry Rebate Program'', under which 
the Secretary of Energy shall issue rebates to qualified entities for 
purchases of qualified technology.
    (b) Process.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Energy, in consultation 
        with the Secretary of the Treasury, shall--
                    (A) develop and make available rebate forms which 
                qualified entities shall use to request a rebate issued 
                under the Sustainable Industry Rebate Program; and
                    (B) establish a database and information technology 
                system, to be known as the ``Federal Rebate Processing 
                System'', which shall be used by qualified entities to 
                submit forms made available under subparagraph (A) for 
                the purpose of requesting a rebate issued under the 
                Sustainable Industry Rebate Program.
            (2) Requirements.--To be eligible to receive a rebate 
        issued under the Sustainable Industry Rebate Program, a 
        qualified entity shall submit to the Secretary of Energy a 
        completed form made available under paragraph (1)(A) at such 
        time and containing such information as the Secretary of Energy 
        may require, which at a minimum such form shall--
                    (A) demonstrate--
                            (i) that the qualified entity purchased a 
                        qualified technology;
                            (ii) that such qualified technology is 
                        eligible for the Sustainable Industry Rebate 
                        Program;
                            (iii) whether such qualified technology is 
                        eligible for any of the additional rebate 
                        amounts provided in subsection (d)(2); and
                            (iv) as applicable, whether any technology 
                        replaced by the qualified technology has been 
                        permanently decommissioned; and
                    (B) include information on--
                            (i) the amount of the reduction in energy 
                        or water use to be achieved by implementation 
                        of the qualified technology; and
                            (ii) the amount of any reduction in 
                        greenhouse gas emissions that results from 
                        replacing an existing technology with the 
                        qualified technology.
    (c) Sustainable Industry Database.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, the Secretary of Energy shall 
        establish and maintain on the website of the Department of 
        Energy a national database, to be known as the ``Sustainable 
        Industry Database'', to provide information on the Sustainable 
        Industry Rebate Program.
            (2) Inclusions.--The Sustainable Industry Database shall 
        include--
                    (A) a list of the technologies that the Working 
                Group determines are qualified technologies;
                    (B) a list of the qualified technologies that are 
                eligible for the Made in America additional rebate 
                amounts provided in subsection (d)(2)(A);
                    (C) instructions for how a qualified entity may 
                apply for a rebate issued under the Sustainable 
                Industry Rebate Program;
                    (D) instructions for how to petition the Working 
                Group to request an addition to a list of qualified 
                technologies included by subparagraph (A) or 
                subparagraph (B);
                    (E) instructions for how to petition the Working 
                Group to recognize technologies that individually do 
                not qualify for the rebate but can be combined and used 
                to provide a benefit equal to or greater than a 
                qualified technology, such as pumps and pipes used 
                together; and
                    (F) any additional information determined 
                appropriate by the Secretary of Energy.
    (d) Authorized Amount of Rebate.--
            (1) Base rebates.--The base amount of a rebate issued under 
        the Sustainable Industry Rebate Program shall be equal to the 
        amount that is--
                    (A) for a qualified entity with more than 500 
                employees, 25 percent of the total cost to purchase the 
                qualified technology; and
                    (B) for a qualified entity with fewer than 500 
                employees, 40 percent of the total cost to purchase the 
                qualified technology.
            (2) Additional rebate amounts.--In addition to the base 
        amount described in paragraph (1), the total amount of a rebate 
        issued under the Sustainable Industry Rebate Program may be 
        increased by--
                    (A) if the majority of the components of the 
                purchased qualified technology were manufactured in the 
                United States, the amount that is equal to 15 percent 
                of the total cost to purchase the qualified technology; 
                and
                    (B) if the qualified technology facilitates a 
                switch from a fossil fuel-fired energy source to a 
                zero-carbon energy source, the amount that is equal to 
                10 percent of the total cost to purchase the qualified 
                technology.
            (3) Cost to purchase qualified technology.--For the purpose 
        of determining the amount of a rebate issued under the 
        Sustainable Industry Rebate Program, the total cost to purchase 
        the qualified technology shall include all costs associated 
        with--
                    (A) the purchase and installation of the qualified 
                technology; and
                    (B) the removal of any existing technology as a 
                result of such purchase and installation.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000,000 for each of 
fiscal years 2022 through 2031, to remain available until expended.

SEC. 4. INDUSTRIAL EFFICIENCY WORKING GROUP.

    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Energy shall establish the 
Industrial Efficiency Working Group.
    (b) Membership.--
            (1) Appointment.--The Working Group shall be comprised of 
        members who shall be appointed by the Secretary of Energy, in 
        consultation with the Directors of the Advanced Manufacturing 
        Office, the Building Technology Office, and the Office of 
        Energy Efficiency and Renewable Energy of the Department of 
        Energy.
            (2) Representation.--Members of the Working group shall 
        include--
                    (A) at least one representative from each relevant 
                Federal agency, as determined by the Secretary of 
                Energy;
                    (B) at least one representative from each relevant 
                office of the Department of Energy;
                    (C) at least one representative from labor groups;
                    (D) representatives from the research community, 
                which shall include at least one representative from 
                academia and at least one representative from any 
                relevant National Laboratories;
                    (E) at least one representative from 
                nongovernmental organizations;
                    (F) representatives from energy efficiency program 
                administrators;
                    (G) representatives from industry and trade 
                associations; and
                    (H) any other individual whom the Secretary of 
                Energy determines to be necessary to ensure that the 
                Working Group is comprised of a diverse group of 
                representatives from industry, academia, independent 
                researchers, and public and private entities.
            (3) Chair.--The Secretary of Energy shall designate a 
        member of the Working Group to serve as the Chair.
    (c) Duties.--The Working Group shall--
            (1) develop the list of qualified technologies to be 
        included in the Sustainable Industry Database under section 
        3(c)(2)(A);
            (2) develop the list of the qualified technologies that 
        meet the Made in America requirements for additional rebate 
        amounts to be included in the Sustainable Industry Database 
        under section 3(c)(2)(B);
            (3) determine if any technologies for which a petition is 
        submitted pursuant to section 3(c)(2)(D) should be added to the 
        applicable list;
            (4) periodically revise the lists developed under 
        paragraphs (1) and (2), which includes revising such lists to 
        remove, as necessary, any technology that is no longer 
        determined to be a qualified technology; and
            (5) identify technology gaps in industrial efficiency, and 
        make recommendations to address such gaps.
    (d) Meetings.--
            (1) Frequency.--The Working Group shall meet not less 
        frequently than twice per year, at the call of the Chair.
            (2) Initial meeting.--Not later than 60 days after the date 
        on which the members are appointed under subsection (b), the 
        Working Group shall hold its first meeting.
    (e) Report.--Not later than 180 days after the date of enactment of 
this Act, and not less frequently than once every year thereafter, the 
Working Group shall submit to the Secretary of Energy a report that 
includes--
            (1) the list of qualified technologies developed under 
        subsection (c)(1);
            (2) the list of the qualified technologies developed under 
        subsection (c)(2); and
            (3) an identification of which technologies were added or 
        removed from the lists described in paragraphs (1) and (2).
    (f) Coordination.--In carrying out this section, the Secretary of 
Energy shall, to the maximum extent possible--
            (1) coordinate and seek to avoid duplication with other 
        programs of the Department of Energy;
            (2) coordinate and collaborate with the Industrial 
        Technology Innovation Advisory Committee (established under 
        section 455 of the Energy Independence and Security Act of 2007 
        (42 U.S.C. 17114)); and
            (3) leverage existing resources and programs of the 
        Department of Energy.

SEC. 5. SAVE CARBON NOW PROGRAM.

    (a) In General.--
            (1) Identification of facilities.--The Secretary of Energy 
        shall, after consultation with the Administrator of the 
        Environmental Protection Agency, identify the 3,000 eligible 
        facilities in the United States that emit the most greenhouse 
        gases.
            (2) Assessments and technical assistance.--With respect to 
        each facility identified in paragraph (1), the Secretary of 
        Energy shall offer to--
                    (A) carry out an assessment of such facility in 
                accordance with subsection (b); and
                    (B) provide technical assistance to such facility 
                to assist with developing and carrying out a plan, in 
                accordance with subsection (c), to implement 
                recommendations provided by the assessment carried out 
                under subparagraph (A).
    (b) Assessments.--
            (1) Requirements.--Assessments carried out under subsection 
        (a)(2)(A) shall--
                    (A) analyze the energy use and costs of the 
                facility; and
                    (B) provide recommendations to--
                            (i) maximize the energy efficiency of 
                        industrial processes and cross-cutting systems 
                        at the facility;
                            (ii) reduce greenhouse gas emissions of the 
                        facility;
                            (iii) improve the efficient use of water in 
                        manufacturing or industrial processes at the 
                        facility;
                            (iv) prevent air and water pollution and 
                        minimize waste from the facility; and
                            (v) reduce energy and water use, and 
                        greenhouse gas emissions, of the facility, 
                        including by making--
                                    (I) motor system improvements, 
                                including to fan, pump, compressed air, 
                                and other motor-driven equipment;
                                    (II) steam system improvements;
                                    (III) heating, ventilating, and 
                                air-conditioning system improvements;
                                    (IV) lighting system improvements;
                                    (V) process equipment or 
                                operational improvements; or
                                    (VI) water system improvements.
            (2) Assessment teams.--The assessments carried out under 
        subsection (a)(2)(A) shall be conducted by teams of experts 
        made up of--
                    (A) staff of the Department of Energy;
                    (B) experts from the National Laboratories;
                    (C) experts from the Manufacturing USA Program 
                established under section 34 of the National Institute 
                of Standards and Technology Act (15 U.S.C. 278s);
                    (D) faculty and staff from the Industrial 
                Assessment Centers; and
                    (E) other certified energy experts contracted by 
                the Department of Energy.
    (c) Implementation Plans.--
            (1) Requirements.--Implementation plans developed pursuant 
        to subsection (a)(2)(B) shall, with respect to the 
        recommendations included in the assessment--
                    (A) include information on any assistance or 
                training needs necessary to implement such 
                recommendations;
                    (B) include information on any new or upgraded 
                equipment necessary to implement such recommendations;
                    (C) include information on research and development 
                activities that would assist with implementing such 
                recommendations;
                    (D) identify local partners that can be leveraged 
                to implement such recommendations;
                    (E) identify steps needed to implement a strategic 
                energy management program at the facility; and
                    (F) identify Federal, State, and utility assistance 
                programs that may be used to implement such 
                recommendations.
            (2) Coordination.--In providing technical assistance to 
        carry out an implementation plan under this section, the 
        Secretary of Energy shall coordinate, as appropriate, with--
                    (A) relevant Federal agencies; and
                    (B) private and public sector entities, including 
                State energy offices, utility regulatory agencies, 
                Indian Tribes, economic development authorities, and 
                utilities.
    (d) Limitations.--The Secretary of Energy may not, with respect to 
a facility identified under subsection (a)(1), expend more than 
$500,000 in carrying out an assessment and providing technical 
assistance to such facility under this section.
    (e) Reporting.--
            (1) In general.--The Secretary of Energy shall submit to 
        Congress a report on the assessments carried out and the 
        technical assistance provided under this section by not later 
        than one year after the date of enactment of this Act, and 
        every two years thereafter.
            (2) Inclusion.--The report submitted under paragraph (1) 
        shall include information on--
                    (A) the number of facilities assessed under this 
                section;
                    (B) the total number of recommendations provided 
                pursuant to this section and the expected effect of 
                such recommendations, if implemented, on energy and 
                water use and greenhouse gas emissions of such 
                facilities;
                    (C) the amount of any reductions in energy use of 
                such facilities achieved by implementing such 
                recommendations;
                    (D) the amount of any reductions in greenhouse gas 
                emissions of such facilities achieved by implementing 
                such recommendations;
                    (E) the amount of any reductions in water use of 
                such facilities achieved by implementing such 
                recommendations; and
                    (F) the amount of any reductions in costs to such 
                facilities achieved by implementing such 
                recommendations.
            (3) Confidential information.--The Secretary of Energy may 
        not include any confidential information relating to such 
        facilities in any report under this subsection.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $750,000,000 for fiscal years 
2022 through 2026, to remain available until expended.
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