[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4566 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4566

To amend the Energy Independence and Security Act of 2007 to establish 
  a regional clean energy innovation program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2022

 Ms. Cortez Masto (for herself and Mr. Lujan) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Energy Independence and Security Act of 2007 to establish 
  a regional clean energy innovation program, 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 ``Regional Clean Energy Innovation Act 
of 2022''.

SEC. 2. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.

    (a) In General.--Subtitle C of title IX of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17371 et seq.) is amended by adding 
at the end the following:

``SEC. 936. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means any 
        of the following:
                    ``(A) An institution of higher education or a 
                consortium of institutions of higher education.
                    ``(B) A workforce training provider, including a 
                vocational school and community college.
                    ``(C) A private sector entity or group of private 
                sector entities, including a trade or industry 
                association.
                    ``(D) A nonprofit organization.
                    ``(E) A community group.
                    ``(F) A labor group.
                    ``(G) A National Laboratory.
                    ``(H) A venture development organization.
                    ``(I) A community development financial 
                institution.
                    ``(J) A minority depository institution.
                    ``(K) A worker cooperative membership association.
                    ``(L) A State or local employee ownership or 
                cooperative development center.
                    ``(M) An organization focused on clean energy 
                technology innovation or entrepreneurship.
                    ``(N) A business accelerator or incubator.
                    ``(O) An economic development organization.
                    ``(P) A manufacturing facility or organization.
                    ``(Q) A clean energy incubator or clean energy 
                accelerator.
                    ``(R) A multi-institutional collaboration of at 
                least 3 institutions.
                    ``(S) Any other entity that the Secretary 
                determines to be relevant.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a partnership of not less than 2 covered 
                entities; and
                    ``(B) a regional clean energy innovation 
                partnership in existence as of the date of enactment of 
                the Regional Clean Energy Innovation Act of 2022.
            ``(3) Program.--The term `program' means the Regional Clean 
        Energy Innovation Program established under subsection (b).
            ``(4) Regional clean energy innovation partnership.--The 
        term `regional clean energy innovation partnership' means a 
        partnership--
                    ``(A) among--
                            ``(i) a government entity, including a unit 
                        of State, local, or Tribal government; and
                            ``(ii) not less than 2 covered entities; 
                        and
                    ``(B) that carries out or coordinates activities or 
                programs that further the purposes of the program 
                described in subsection (c), including the activities 
                described in subsection (f).
    ``(b) Establishment.--The Secretary shall establish a research, 
development, demonstration, and commercial application program, to be 
known as the `Regional Clean Energy Innovation Program', to enhance the 
economic, environmental, and energy security of the United States and 
accelerate the pace of innovation of diverse clean energy technologies 
through the formation of new, or support of existing, regional clean 
energy innovation partnerships that--
            ``(1) account for the diverse domestic energy resources 
        available in the United States;
            ``(2) are responsive to the needs of industry, workforce, 
        policy landscape, and clean energy innovation capabilities of 
        the region served by a regional clean energy innovation 
        partnership;
            ``(3) enhance and accelerate clean energy innovation;
            ``(4) are located in diverse geographic regions of the 
        United States, including United States territories; and
            ``(5) maximize the opportunities for cooperation between 
        institutions of higher education, industry, State and local 
        governments, and nonprofit research institutions with shared 
        areas of energy expertise.
    ``(c) Purposes.--The purposes of the program are--
            ``(1) to improve the competitiveness of the United States 
        in clean energy technology research, development, 
        demonstration, and commercial application; and
            ``(2) to support the development of clean energy tools and 
        technologies best suited for use in diverse regions of the 
        United States, including in rural, tribal, and low-income 
        communities.
    ``(d) Grants.--
            ``(1) In general.--Under the program, the Secretary shall 
        competitively award grants to--
                    ``(A) eligible entities described in subsection 
                (a)(2)(A) to establish new regional clean energy 
                innovation partnerships; and
                    ``(B) eligible entities described in subsection 
                (a)(2)(B) to support ongoing activities of those 
                eligible entities, in accordance with the requirements 
                of the program.
            ``(2) Grant amount.--The amount of a grant awarded to an 
        eligible entity under the program in a calendar year--
                    ``(A) shall not exceed $10,000,000; and
                    ``(B) shall be, subject to a waiver by the 
                Secretary, less than the amount of a grant awarded to 
                the eligible entity under the program the previous 
                calendar year, if applicable.
            ``(3) Administrative costs.--The Secretary may allow an 
        eligible entity awarded a grant under the program to allocate a 
        portion of the grant funds for administrative or indirect 
        costs.
            ``(4) Non-federal cost share.--In the case of a grant 
        awarded under the program that has a term of 3 or more years, 
        the Secretary shall require, as a condition of receipt of the 
        grant funds, that the non-Federal share of the cost of 
        activities carried out using the grant funds shall be not less 
        than 50 percent of the cost of the activities during the third, 
        fourth, and fifth year of the grant, as applicable.
            ``(5) Duration.--
                    ``(A) In general.--The term of a grant awarded 
                under the program shall not exceed 5 years.
                    ``(B) Renewal.--A grant awarded to an eligible 
                entity under the program may be renewed for a period of 
                not more than 5 years, subject to a rigorous merit 
                review based on the progress of the regional clean 
                energy innovation partnership in achieving the purposes 
                of the program described in subsection (c) and the 
                metrics developed under subsection (h)(2).
            ``(6) Termination.--The Secretary may terminate grant 
        funding under the program to an eligible entity during the 
        performance period if the Secretary determines that the 
        applicable regional clean energy innovation partnership is 
        underperforming.
    ``(e) Applications.--
            ``(1) In general.--An eligible entity shall submit to the 
        Secretary an application to receive a grant under the program 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including--
                    ``(A) a list of members of the proposed or existing 
                regional clean energy innovation partnership, the roles 
                of those members, and any other relevant stakeholders;
                    ``(B) a description of--
                            ``(i) the geographical region served, or to 
                        be served, by the regional clean energy 
                        innovation partnership;
                            ``(ii)(I) the activities that the proposed 
                        or existing regional clean energy innovation 
                        partnership intends to undertake; and
                            ``(II) the manner in which those activities 
                        will achieve the purposes of the program 
                        described in subsection (c) and the proposed 
                        outcomes described in clause (iii); and
                            ``(iii) the proposed outcomes of the 
                        regional clean energy innovation partnership;
                    ``(C) an assessment of--
                            ``(i) the relevant clean energy innovation 
                        assets needed in the geographical region 
                        identified under subparagraph (B)(i) to achieve 
                        the proposed outcomes described in subparagraph 
                        (B)(iii), such as education and training 
                        programs, research facilities, infrastructure 
                        or site development, access to capital, 
                        manufacturing capabilities, or other assets; 
                        and
                            ``(ii) the clean energy resource potential 
                        of that geographical region;
                    ``(D) a plan for attracting additional funds, 
                including identification of non-Federal funding 
                sources, to deliver the proposed outcomes described in 
                subparagraph (B)(iii);
                    ``(E) a plan for partnering and collaborating with 
                community development financial institutions, minority 
                depository institutions, labor and community groups, 
                worker cooperative membership associations, local and 
                State employee ownership and cooperative development 
                centers, and other local institutions--
                            ``(i) to promote employee, community, and 
                        public ownership in the clean energy sector; 
                        and
                            ``(ii) to advance models of local economic 
                        development that build and retain wealth in the 
                        region;
                    ``(F) a plan for sustaining the activities of the 
                regional clean energy innovation partnership after 
                funds received under the program have been expended; 
                and
                    ``(G) a proposed budget, including financial 
                contributions from non-Federal sources.
            ``(2) Selection considerations.--In awarding grants under 
        the program, the Secretary shall, to the maximum extent 
        practicable--
                    ``(A) give special consideration to applications 
                from eligible entities located in rural, tribal, and 
                low-income communities; and
                    ``(B) ensure geographic diversity among the 
                eligible entities awarded grants.
    ``(f) Permissible Activities.--Activities that may be carried out 
by a regional clean energy innovation partnership established or 
supported using a grant awarded under the program shall include--
            ``(1) facilitating the commercial application of clean 
        energy products, processes, and services, including through 
        research, development, demonstration, or technology transfer;
            ``(2) improving strategic and cost-effective coordination 
        among the partners of the regional clean energy innovation 
        partnership;
            ``(3) improving stakeholder involvement in developing the 
        goals and activities of the regional clean energy innovation 
        partnership;
            ``(4) assessing different incentive mechanisms for clean 
        energy development and commercial application in the region 
        served by the regional clean energy innovation partnership;
            ``(5) hosting events and conferences;
            ``(6) establishing and updating roadmaps to measure 
        progress on relevant goals, including goals relevant to metrics 
        developed under subsection (h)(2); and
            ``(7) any other activity determined appropriate by the 
        Secretary to achieve the purposes of the program described in 
        subsection (c).
    ``(g) Planning Awards.--The Secretary may competitively award 
grants to a covered entity or a government entity, including a State, 
local, or tribal government, or unit of such government, in an amount 
not greater than $2,000,000, for a term of not more than 2 years, to 
conduct planning for the purpose of establishing a regional clean 
energy innovation partnership.
    ``(h) Administration.--
            ``(1) Best practices.--As part of the program, the 
        Secretary shall support the gathering, analysis, and 
        dissemination of information on best practices for developing 
        and operating successful regional clean energy innovation 
        partnerships.
            ``(2) Metrics.--The Secretary shall collaborate with 
        program evaluation experts to develop and make publicly 
        available metrics by which to measure the progress of a 
        regional clean energy innovation partnership in achieving the 
        purposes of the program described in subsection (c), including, 
        as a result of activities carried out under the regional clean 
        energy innovation partnership--
                    ``(A) the number and quality of--
                            ``(i) new clean energy companies created in 
                        the region, including clean energy companies 
                        created or preserved through employee ownership 
                        and cooperative development;
                            ``(ii) new or expanded workforce 
                        development or training programs in the region; 
                        and
                            ``(iii) support services provided to clean 
                        energy technology developers in the region;
                    ``(B) changes in clean energy employment in the 
                region;
                    ``(C) the amount of capital investment in clean 
                energy companies in the region; and
                    ``(D) the completion of new or updated clean energy 
                resource assessments in the region.
            ``(3) Coordination.--In carrying out the program, the 
        Secretary shall coordinate with, and avoid unnecessary 
        duplication of--
                    ``(A) activities under other research entities of 
                the Department, including the National Laboratories, 
                the Office of Science, the Advanced Research Projects 
                Agency--Energy, the Office of Technology Transitions, 
                Energy Innovation Hubs, and Energy Frontier Research 
                Centers; and
                    ``(B) relevant programs at other Federal agencies, 
                including--
                            ``(i) programs under the Office of 
                        Innovation and Entrepreneurship of the Economic 
                        Development Administration;
                            ``(ii) the regional innovation program 
                        established under section 27 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3722);
                            ``(iii) the Hollings Manufacturing 
                        Extension Partnership established under section 
                        25 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278k);
                            ``(iv) the Manufacturing USA Program 
                        established under section 34 of the National 
                        Institute of Standards and Technology Act (15 
                        U.S.C. 278s);
                            ``(v) the Defense Manufacturing Community 
                        Support Program established under section 846 
                        of the John S. McCain National Defense 
                        Authorization Act for Fiscal Year 2019 (10 
                        U.S.C. 2501 note; Public Law 115-232);
                            ``(vi) the Office of Economic Adjustment of 
                        the Department of Defense;
                            ``(vii) programs under the rural 
                        development mission area of the Department of 
                        Agriculture; and
                            ``(viii) programs under the energy and 
                        mineral resources mission area of the 
                        Department of the Interior.
            ``(4) Conflicts of interest.--In carrying out the program, 
        the Secretary shall maintain conflict of interest procedures 
        consistent with the conflict of interest procedures of the 
        Department.
    ``(i) Reports and Plan.--
            ``(1) Annual report.--As part of the annual budget of the 
        Department submitted to Congress for a fiscal year, the 
        Secretary shall annually submit to Congress a report that 
        describes the activities carried out by each regional clean 
        energy innovation partnership established or supported using 
        grants awarded under the program during the fiscal year covered 
        by the report.
            ``(2) Strategic plan.--Not later than 1 year after the date 
        of enactment of the Regional Clean Energy Innovation Act of 
        2022, and not less frequently than once every 5 years 
        thereafter, the Secretary shall submit to Congress a 5-year 
        strategic plan describing how the Secretary shall utilize 
        regional clean energy innovation partnerships to deploy clean 
        energy technologies.
            ``(3) Evaluation by comptroller general.--Not later than 3 
        years after the date of enactment of the Regional Clean Energy 
        Innovation Act of 2022, and every 3 years thereafter, the 
        Comptroller General of the United States shall submit to the 
        Committee on Science, Space, and Technology of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate an evaluation of the operation of the 
        program during the most recent 3-year period, including--
                    ``(A) an assessment of the progress made in 
                achieving the purposes described in subsection (c) 
                based on the metrics developed under subsection (h)(2);
                    ``(B) the short-term and long-term metrics used to 
                determine the success of the program under subsection 
                (h)(2), and any recommended changes to those metrics;
                    ``(C) the regional clean energy innovation 
                partnerships established or supported by grants 
                received under the program; and
                    ``(D) any recommendations for improvement to the 
                program.
    ``(j) Security.--In carrying out this section, the Secretary shall 
ensure that proper security controls are in place to protect sensitive 
information, as appropriate.
    ``(k) Funding.--
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this section 
        $50,000,000 for each of fiscal years 2022 through 2026.
            ``(2) Additional funding.--The Secretary may accept funds 
        from other Federal agencies to support funding and activities 
        under the program.
            ``(3) No funds for construction.--None of the funds made 
        available to carry out the program may be used for 
        construction.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Energy Independence and Security Act of 2007 (Public Law 110-140; 
121 Stat. 1497) is amended by adding at the end of the items relating 
to subtitle C of title IX the following:

``Sec. 936. Regional Clean Energy Innovation Program.''.
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