Pandemic Darlings The pandemic economy, in original documents
Home Source documents Text of Amendments to S. 2657 — Congressional Record, Senate

Text of Amendments to S. 2657 — Congressional Record, Senate

Summary

Page S1303 of the Senate section of the Congressional Record for March 3, 2020, listing amendments submitted to the bill, including SA 1478 by Lankford and SA 1479 by Romney, each intended to be proposed to amendment SA 1407. Under the heading Text of Amendments, SA 1345, submitted by Coons with Moran, Ernst, Crapo, King and Sinema, is described as one to support innovation in advanced geothermal research and development. The amendment text adds a Title IV amending the Internal Revenue Code of 1986, beginning with Section 4001 on green energy publicly traded partnerships, and the page also prints provisions on natural-gas rates and refunds and on school energy improvements.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Text of Amendments to S. 2657 — Congressional Record, Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-03-crec-2020-03-03-pt1-pgs1303-956c57e338/, SHA-256 cce929262e8baed57cd63ffd2537f5c02a13d3e9f34df41fa12bcde47bc18ccb.

Full text

                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1303
                                             bill S. 2657, supra; which was ordered to lie             ‘‘(II) does not use as its primary feedstock          of amounts that have been paid are required,
                                             on the table.                                           carbon oxide which is deliberately released             the Commission shall order the natural-gas
                                               SA 1478. Mr. LANKFORD submitted an                    from naturally occurring subsurface springs,            company to make those refunds for the pe-
                                             amendment intended to be proposed to                    and                                                     riod beginning on the refund effective date
                                             amendment SA 1407 submitted by Ms. MUR-                   ‘‘(III) is determined by the Secretary, after         established under paragraph (3) and ending
                                             KOWSKI and intended to be proposed to the               consultation with the Secretary of Energy               on the date on which the new rate estab-
                                             bill S. 2657, supra; which was ordered to lie           and the Administrator of the Environmental              lished by the Commission under subsection
                                             on the table.                                           Protection Agency, to achieve a reduction of            (a) takes effect in amounts in excess of those
                                               SA 1479. Mr. ROMNEY submitted an                      not less than a 60 percent in lifecycle green-          amounts that would have been paid under
                                             amendment intended to be proposed to                    house gas emissions (as defined in section              the just and reasonable rate, charge, classi-
                                             amendment SA 1407 submitted by Ms. MUR-                 211(o)(1)(H) of the Clean Air Act, as in effect         fication, rule, regulation, practice, or con-
                                             KOWSKI and intended to be proposed to the               on the date of the enactment of this clause)            tract that the Commission orders to be ob-
                                             bill S. 2657, supra; which was ordered to lie           compared to baseline lifecycle greenhouse               served and in force.
                                             on the table.                                           gas emissions (as defined in section                      ‘‘(2) REQUIREMENT.—The refunds required
                                                              f                                      211(o)(1)(C) of such Act, as so in effect),             under paragraph (1) shall be made, with in-
                                                                                                       ‘‘(x) the generation of electric power from,          terest, to the persons who have paid the
                                                   TEXT OF AMENDMENTS                                a qualifying gasification project (as defined           rates or charges that are the subject of the
                                                                                                     in section 48B(c)(1) without regard to sub-             hearing.
                                               SA 1345. Mr. COONS (for himself, Mr.
                                                                                                     paragraph (C)) that is described in section               ‘‘(3) EFFECTIVE DATE.—
                                             MORAN, Ms. ERNST, Mr. CRAPO, Mr.                        48(d)(1)(B), or                                           ‘‘(A) IN GENERAL.—The Commission shall
                                             KING, and Ms. SINEMA) submitted an                        ‘‘(xi) in the case of a qualified facility (as        establish the refund effective date in accord-
                                             amendment intended to be proposed by                    defined in section 45Q(d), without regard to            ance with this paragraph.
                                             him to the bill S. 2657, to support inno-               any date by which construction of the facil-              ‘‘(B) HEARINGS INITIATED ON COMPLAINT.—In
                                             vation in advanced geothermal re-                       ity is required to begin) not less than 50 per-         the case of a hearing initiated on a com-
                                             search and development, and for other                   cent (30 percent in the case of a facility              plaint, the refund effective date shall be—
                                             purposes; which was ordered to lie on                   placed in service before January 1, 2020) of              ‘‘(i) not earlier than the date on which the
                                                                                                     the total carbon oxide production of which is           complaint was filed; and
                                             the table; as follows:
                                                                                                     qualified carbon oxide (as defined in section             ‘‘(ii) not later than 150 days after that
                                               At the end, add the following:                        45Q(c))—                                                date.
                                                  TITLE IV—AMENDMENTS TO THE                           ‘‘(I) the generation, availability for such             ‘‘(C) HEARING INITIATED ON MOTION OF COM-
                                                 INTERNAL REVENUE CODE OF 1986                       generation, or storage of electric power at             MISSION.—In the case of a hearing initiated
                                             SEC. 4001. GREEN ENERGY PUBLICLY TRADED                 such facility, or                                       by the Commission on its own motion, the
                                                         PARTNERSHIPS.                                 ‘‘(II) the capture of carbon dioxide by such          refund effective date shall be—
                                               (a) IN GENERAL.—Section 7704(d)(1)(E) of              facility,’’.                                              ‘‘(i) not earlier than the date on which the
                                             the Internal Revenue Code of 1986 is amend-               (b) EFFECTIVE DATE.—The amendments                    Commission publishes notice of the intent to
                                             ed—                                                     made by this section apply to taxable years             initiate the hearing; and
                                               (1) by striking ‘‘income and gains derived            beginning after December 31, 2019.                        ‘‘(ii) not later than 150 days after that
                                             from the exploration’’ and inserting ‘‘income                                                                   date.
                                             and gains derived from—                                   SA 1346. Mr. BLUMENTHAL (for
                                                                                                                                                               ‘‘(c) NO FINAL DECISION.—If the Commis-
                                               ‘‘(i) the exploration’’,                              himself and Mr. BURR) submitted an                      sion has not rendered a final decision for a
                                               (2) by inserting ‘‘or’’ before ‘‘industrial           amendment intended to be proposed by                    hearing under this section by the end of the
                                             source’’,                                               him to the bill S. 2657, to support inno-               180-day period beginning on the date on
                                               (3) by striking ‘‘, or the transportation or          vation in advanced geothermal re-                       which the hearing is initiated, the Commis-
                                             storage’’ and all that follows and inserting            search and development, and for other                   sion shall state—
                                             the following:                                          purposes; which was ordered to lie on                     ‘‘(1) the reasons why the Commission has
                                               ‘‘(ii) the generation of electric power or                                                                    failed to render a decision; and
                                             thermal energy exclusively using any quali-
                                                                                                     the table; as follows:
                                                                                                                                                               ‘‘(2) the best estimate of the Commission
                                             fied energy resource (as defined in section                  At the end, add the following:
                                                                                                                                                             as to when the Commission reasonably ex-
                                             45(c)(1)),                                                         TITLE IV—MISCELLANEOUS                       pects to render the decision.’’.
                                               ‘‘(iii) the operation of energy property (as          SEC. 4001. RATES AND CHARGES FOR NATURAL
                                             defined in section 48(a)(3), determined with-                       GAS.
                                                                                                                                                               (c) EFFECT.—
                                             out regard to any date by which the con-                                                                          (1) IN GENERAL.—The amendments made by
                                                                                                       (a) HEARING ON CHANGED RATES OR
                                             struction of the facility is required to begin),                                                                subsections (a) and (b) shall not apply to any
                                                                                                     CHARGES.—Section 4(e) of the Natural Gas
                                               ‘‘(iv) in the case of a facility described in                                                                 proceeding under the Natural Gas Act (15
                                                                                                     Act (15 U.S.C. 717c(e)) is amended by striking
                                             paragraph (3) or (7) of section 45(d) (deter-                                                                   U.S.C. 717 et seq.) commenced before the date
                                                                                                     the third and fourth sentences and inserting
                                             mined without regard to any placed in serv-                                                                     of enactment of this Act.
                                                                                                     the following: ‘‘Where changes in rates or
                                             ice date or date by which construction of the                                                                     (2) REFILING WITHOUT PREJUDICE.—A pro-
                                                                                                     charges are thus made effective, the Com-
                                             facility is required to begin), the accepting                                                                   ceeding under the Natural Gas Act (15 U.S.C.
                                                                                                     mission may, by order, require the natural-
                                             or processing of open-loop biomass or munic-                                                                    717 et seq.) commenced before the date of en-
                                                                                                     gas company to furnish a bond, to be ap-
                                             ipal solid waste,                                                                                               actment of this Act may be withdrawn and
                                                                                                     proved by the Commission, to refund any
                                               ‘‘(v) the storage of electric power or ther-                                                                  refiled without prejudice.
                                                                                                     amounts ordered by the Commission, to keep
                                             mal energy exclusively using energy prop-               accurate accounts in detail of all amounts                (d) STUDY.—
                                             erty that is energy storage property (as de-            received by reason of those changes, speci-               (1) IN GENERAL.—Not earlier than 3 years
                                             fined in section 48(c)(5)),                             fying by whom and in whose behalf those                 and not later than 4 years after the date of
                                               ‘‘(vi) the generation, storage, or distribu-          amounts were paid, and, on completion of                enactment of this Act, the Federal Energy
                                             tion of electric power or thermal energy ex-            the hearing and decision, to order the nat-             Regulatory Commission shall conduct a
                                             clusively using energy property that is com-            ural-gas company to refund, with interest,              study on the effect of the amendments made
                                             bined heat and power system property (as de-            the portion of those rates or charges by its            by subsections (a) and (b).
                                             fined in section 48(c)(3), determined without           decision found not justified. At any hearing              (2) REQUIREMENTS.—The study under para-
                                             regard to subparagraph (B)(iii) thereof and             involving a rate or charge sought to be                 graph (1) shall include an analysis of—
                                             without regard to any date by which the con-            changed, the burden of proof to show that                 (A) the impact, if any, of the amendments
                                             struction of the facility is required to begin),        the changed rate or charge is just and rea-             made by subsections (a) and (b) on the cost
                                               ‘‘(vii) the transportation or storage of any          sonable shall be on the natural-gas company,            of capital paid by natural-gas companies (as
                                             fuel described in subsection (b), (c), (d), or (e)      and the Commission shall give to the hearing            defined in section 2 of the Natural Gas Act
                                             of section 6426,                                        and decision of such questions preference               (15 U.S.C. 717a));
                                               ‘‘(viii) the conversion of renewable biomass          over other questions pending before the Com-              (B) any change in the average time taken
                                             (as defined in subparagraph (I) of section              mission and decide the same as speedily as              to resolve proceedings under sections 4 and 5
                                             211(o)(1) of the Clean Air Act (as in effect on         possible.’’.                                            of the Natural Gas Act (15 U.S.C. 717c, 717d);
                                             the date of the enactment of this clause))                (b) REFUNDS.—Section 5 of the Natural Gas             and
                                             into renewable fuel (as defined in subpara-             Act (15 U.S.C. 717d) is amended—                          (C) such other matters as the Federal En-




dlhill on DSKBBY8HB2PROD with SENATE
                                             graph (J) of such section as so in effect), or            (1) by redesignating subsection (b) as sub-           ergy Regulatory Commission may determine
                                             the storage or transportation of such fuel,             section (d); and                                        to be appropriate and in the public interest.
                                               ‘‘(ix) the production, storage, or transpor-            (2) inserting after subsection (a) the fol-             (3) REPORT.—On completion of the study
                                             tation of any fuel which—                               lowing:                                                 under paragraph (1), the Federal Energy Reg-
                                               ‘‘(I) uses as its primary feedstock carbon              ‘‘(b) REFUNDS.—                                       ulatory Commission shall submit to the
                                             oxides captured from an anthropogenic                     ‘‘(1) IN GENERAL.—At the conclusion of any            Committee on Energy and Natural Resources
                                             source or the atmosphere,                               hearing under this section in which refunds             of the Senate and the Committee on Energy




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000    Frm 00031   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.026   S03MRPT1
                                             S1304                                             CONGRESSIONAL RECORD — SENATE                                                         March 3, 2020
                                             and Commerce of the House of Representa-                or reexporting the components or items,                electronic waste items if the following re-
                                             tives a report describing the results of the            with the intent that the components or                 quirements are met:
                                             study.                                                  items be used for the purpose for which the              (1) REGISTRATION.—The person is listed on
                                                                                                     components or items were used in the United            a publicly available registry maintained by
                                               SA 1347. Mr. BLUMENTHAL sub-                          States.                                                the Secretary of persons authorized to ex-
                                             mitted an amendment intended to be                        (5) EXEMPTED ELECTRONIC WASTE ITEMS.—                port or reexport exempted electronic waste.
                                             proposed by him to the bill S. 2657, to                 The term ‘‘exempted electronic waste items’’             (2) PURPOSE.—The exempted electronic
                                             support innovation in advanced geo-                     means the following:                                   waste items are being exported or reexported
                                             thermal research and development, and                     (A) Tested, working used electronics.                for reclamation, recall, or reuse.
                                             for other purposes; which was ordered                     (B) Low-risk counterfeit electronics.                  (3) FILING OF EXPORT INFORMATION.—For
                                                                                                       (C) Recalled electronics.                            each export transaction, the person files in
                                             to lie on the table; as follows:                          (6) EXPORT ADMINISTRATION REGULATIONS.—              the Automated Export System, in accord-
                                               Strike section 1041.                                  The term ‘‘Export Administration Regula-               ance with part 758 of the Export Administra-
                                                                                                     tions’’ means the regulations set forth in             tion Regulations (or any corresponding simi-
                                               SA 1348. Mr. WHITEHOUSE sub-                          subchapter C of chapter VII of title 15, Code          lar regulation or ruling), electronic export
                                             mitted an amendment intended to be                      of Federal Regulations, or successor regula-           information that contains, at a minimum,
                                             proposed by him to the bill S. 2657, to                 tions.                                                 the following information:
                                             support innovation in advanced geo-                       (7) EXPORT; REEXPORT.—The terms ‘‘ex-                  (A) A description of the type and total
                                             thermal research and development, and                   port’’ and ‘‘reexport’’ have the meanings              quantity of exempted electronic waste items
                                             for other purposes; which was ordered                   given those terms in section 1742 of the Ex-           exported.
                                             to lie on the table; as follows:                        port Control Reform Act of 2018 (50 U.S.C.               (B) The name of each country that will re-
                                               At the appropriate place, insert the fol-             4801).                                                 ceive the exempted electronic waste items
                                             lowing:                                                   (8) FEEDSTOCK.—The term ‘‘feedstock’’                for reuse, recall, or recycling.
                                             SEC. ll. EXPORT CONTROLS ON ELECTRONIC                  means any raw material constituting the                  (C)(i) The name of the ultimate consignee
                                                        WASTE.                                       principal input for an industrial process.             that will receive the exempted electronic
                                               (a) DEFINITIONS.—In this section:                       (9) LOW-RISK COUNTERFEIT ELECTRONICS.—               waste items for reclamation, recall, or reuse;
                                               (1) COUNTERFEIT MILITARY GOOD.—The term               The term ‘‘low-risk counterfeit electronics’’          and
                                             ‘‘counterfeit military good’’ means a coun-             means any electronic components or items                 (ii) documentation and a declaration that
                                             terfeit good that—                                      that—                                                  such consignee has the necessary permits,
                                                (A) is falsely identified or labeled as meet-          (A) have been subjected to destruction               resources, and competence to manage the ex-
                                             ing military specifications; or                         processes that render the items unusable for           empted electronic waste items as reusable
                                                (B) is intended for use in a military, intel-        their original purpose; and                            products or recyclable feedstock and prevent
                                             ligence, or national security application.                (B) are exported as a feedstock, with no ad-         the release of such items as counterfeit
                                                (2) COUNTERFEIT GOOD.—The term ‘‘coun-               ditional mechanical or hand separation re-             goods or counterfeit military goods.
                                             terfeit good’’ means any good on which, or in           quired, in a reclamation process to render               (4) COMPLIANCE WITH EXISTING LAWS.—The
                                             connection with which, a counterfeit mark is            the electronic components or items recycled            export or reexport of the exempted elec-
                                             used.                                                   consistent with the laws of the foreign coun-          tronic waste items otherwise complies with
                                                (3) COUNTERFEIT MARK.—The term ‘‘coun-               try performing the reclamation process.                applicable international agreements to
                                             terfeit mark’’ has the meaning given that                 (10) PERSON.—The term ‘‘person’’ means an            which the United States is a party and with
                                             term in section 2320 of title 18, United States         individual or entity.                                  other trade and export control laws of the
                                             Code.                                                     (11) RECALLED ELECTRONICS.—The term ‘‘re-            United States.
                                                (4) ELECTRONIC WASTE.—                               called electronics’’ means any electronic                (5) EXPORT DECLARATIONS AND REQUIRE-
                                                (A) IN GENERAL.—The term ‘‘electronic                items that—                                            MENTS.—The      exempted electronic waste
                                             waste’’ means any of the following used                   (A) because of a defect in the design or             items are accompanied by—
                                             items containing electronic components, or              manufacture of the items—                                (A) documentation of the registration of
                                             fragments thereof, including parts or sub-                (i) are subject to a recall notice issued by         the exporter required under paragraph (1);
                                             components of such items:                               the Consumer Product Safety Commission or                (B) a declaration signed by an officer or
                                                (i) Computers and related equipment.                 other pertinent Federal authority and have             designated representative of the exporter as-
                                                (ii) Data center equipment (including serv-          been received by the manufacturer or its               serting that the exempted electronic waste
                                             ers, network equipment, firewalls, battery              agent and repaired by the manufacturer or              items meet the applicable requirements for
                                             backup systems, and power distribution                  its agent to cure the defect; or                       exempted electronic waste items under this
                                             units).                                                   (ii) have been recalled by the manufacturer          section;
                                                (iii) Mobile computers (including note-              as a condition of the validity of the warranty           (C) a description of the contents and condi-
                                             books, netbooks, tablets, and e-book read-              on the items and have been repaired by the             tion of the exempted electronic waste items
                                             ers).                                                   manufacturer or its agent to cure the defect;          in the shipment;
                                                (iv) Televisions (including portable tele-           and                                                      (D) for tested, working used electronics, a
                                             visions and portable DVD players).                        (B) are exported by the manufacturer of              description of the testing methodologies and
                                                (v) Video display devices (including mon-            the items.                                             test results for each item;
                                             itors, digital picture frames, and portable               (12) SECRETARY.—The term ‘‘Secretary’’                 (E) the name of the ultimate consignee and
                                             video devices).                                         means the Secretary of Commerce.                       declaration of the consignee’s applicable per-
                                                (vi) Digital imaging devices (including                (13) TESTED, WORKING USED ELECTRONICS.—              mits, resources, and competence to process
                                             printers, copiers, facsimile machines, image            The term ‘‘tested, working used electronics’’          or use the items as intended; and
                                             scanners, and multifunction machines).                  means any used electronic items that—                    (F) with respect to low-risk counterfeit
                                                (vii) Consumer electronics—                            (A) are determined, through testing meth-            electronics only and when required by the
                                                (I) including digital cameras, projectors,           odologies established by the Secretary, to             country to which the electronics are being
                                             digital audio players, cellular phones and              be—                                                    exported or reexported, the written consent
                                             wireless Internet communication devices,                  (i) fully functional for the purpose for             of the competent authority of the country to
                                             audio equipment, video cassette recorders,              which the items were designed; or                      allow the entry of the electronics into the
                                             DVD players, video game systems (including                (ii) in the case of multifunction devices,           country.
                                             portable systems), video game controllers,              fully functional for at least one of the pri-
                                                                                                                                                              (d) EXCEPTION FOR PERSONAL USE.—The
                                             signal converter boxes, and cable and sat-              mary purposes for which the items were de-
                                                                                                                                                            Secretary may provide for an exception to
                                             ellite receivers; and                                   signed;
                                                                                                       (B) are exported with the intent to reuse            the requirements of this section, subject to
                                                (II) not including appliances that have
                                                                                                     the products as functional products; and               such recordkeeping requirements as the Sec-
                                             electronic features.
                                                                                                       (C) are appropriately packaged for ship-             retary may impose, for the export or reex-
                                                (viii) Portable global positioning system
                                             navigation devices.                                     ment to prevent the items from losing                  port of 5 or fewer items that are or contain
                                                (ix) Other used electronic items that the            functionality as a result of damage during             electronic components intended for personal
                                             Secretary determines to be necessary to                 shipment.                                              use.
                                             carry out this section.                                   (14) USED.—The term ‘‘used’’, with respect             (e) PENALTIES FOR VIOLATIONS.—Any per-
                                                (B) EXEMPT ITEMS.—The term ‘‘electronic              to an item, means the item has been oper-
                                                                                                                                                            son who violates this section or the regula-




dlhill on DSKBBY8HB2PROD with SENATE
                                             waste’’ does not include—                               ated or employed.
                                                                                                                                                            tions issued under subsection (f)(2) shall be
                                                (i) exempted electronic waste items;                   (b) PROHIBITION.—Except as provided in
                                                                                                                                                            subject to the same penalties as those that
                                                (ii) electronic parts of a motor vehicle; or         subsections (c) and (d), no person may export
                                                                                                     or reexport electronic waste or exempted               apply to any person violating any other pro-
                                                (iii) electronic components, or items con-
                                                                                                     electronic waste items.                                vision of the Export Administration Regula-
                                             taining electronic components, that are ex-
                                             ported or reexported to an entity under the               (c) EXPORT PROHIBITION EXEMPTIONS.—A                 tions.
                                             owernship or control of the person exporting            person may export or reexport exempted                   (f) EFFECTIVE DATE.—




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00032   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.028   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1305
                                               (1) IN GENERAL.—Subject to paragraph (2),               ‘‘(3) ESTABLISHED PROGRAM TO STIMULATE                  ‘‘(III) to support research by early career
                                             this section shall take effect upon the expi-           COMPETITIVE RESEARCH.—                                 faculty; and
                                             ration of the 1-year period beginning on the              ‘‘(A) DEFINITIONS.—In this paragraph:                   ‘‘(IV) to improve research capabilities at
                                             date of the enactment of this Act.                        ‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible            eligible entities through biennial implemen-
                                               (2) MODIFICATION OF EAR.—The Secretary                entity’ means an institution of higher edu-            tation grants.
                                             shall, not later than the effective date under          cation located in an eligible jurisdiction.               ‘‘(iii) NO COST SHARING.—EPSCoR shall not
                                             paragraph (1), ensure that the Export Admin-              ‘‘(ii) ELIGIBLE JURISDICTION.—The term ‘eli-         impose any cost-sharing requirement with
                                             istration Regulations are modified to carry             gible jurisdiction’ means a State that, as de-         respect to a grant made under this subpara-
                                             out this section.                                       termined by the Secretary—                             graph.
                                                                                                       ‘‘(I)(aa) historically has received relatively          ‘‘(E) OTHER ACTIVITIES.—EPSCoR may
                                               SA 1349. Mr. REED submitted an                        little Federal research and development                carry out such activities as may be nec-
                                             amendment intended to be proposed by                    funding; and                                           essary to meet the objectives described in
                                             him to the bill S. 2657, to support inno-                 ‘‘(bb) has demonstrated a commitment—                subparagraph (C) in the areas of applied en-
                                             vation in advanced geothermal re-                         ‘‘(AA) to develop the research bases in the          ergy research, environmental management,
                                                                                                     State; and                                             and basic science described in subparagraph
                                             search and development, and for other
                                                                                                       ‘‘(BB) to improve science and engineering            (D)(i).
                                             purposes; which was ordered to lie on                                                                             ‘‘(F) PROGRAM IMPLEMENTATION.—
                                                                                                     research and education programs at institu-
                                             the table; as follows:                                  tions of higher education in the State; and               ‘‘(i) IN GENERAL.—Not later than 270 days
                                               At the appropriate place in subtitle A of               ‘‘(II) is an eligible jurisdiction under the         after the date of enactment of the American
                                             title I, insert the following:                          criteria used by the Secretary to make                 Energy Innovation Act of 2020, the Secretary
                                             SEC. 1ll. STUDY ON EMISSIONS REDUCTION                  awards under this paragraph on the day be-             shall submit to the Committees on Energy
                                                        PATHWAYS FROM HOME HEATING.                  fore the date of enactment of the American             and Natural Resources and Appropriations of
                                               (a) STUDY.—The Secretary shall conduct a              Energy Innovation Act of 2020.                         the Senate and the Committees on Energy
                                             study evaluating pathways to reduce green-                ‘‘(iii) EPSCOR.—The term ‘EPSCoR’ means              and Commerce and Appropriations of the
                                             house gas emissions from home heating and               the Established Program to Stimulate Com-              House of Representatives a plan describing
                                             cooling systems in residential and small                petitive Research operated under subpara-              how the Secretary shall implement EPSCoR.
                                             commercial buildings by increasing energy               graph (B).                                                ‘‘(ii) CONTENTS OF PLAN.—The plan de-
                                             efficiency and electrification, and the use of            ‘‘(iv) NATIONAL LABORATORY.—The term                 scribed in clause (i) shall include a descrip-
                                             alternative fuels, including through the use            ‘National Laboratory’ has the meaning given            tion of—
                                             of—                                                     the term in section 2 of the Energy Policy                ‘‘(I) the management structure of EPSCoR,
                                               (1) alternative fuels to supply heat to resi-         Act of 2005 (42 U.S.C. 15801).                         which shall ensure that all research areas
                                             dential buildings using existing infrastruc-              ‘‘(v) STATE.—The term ‘State’ means—                 and activities described in this paragraph are
                                             ture;                                                     ‘‘(I) a State;                                       incorporated into EPSCoR;
                                               (2) a district heating and cooling system;              ‘‘(II) the District of Columbia;                        ‘‘(II) efforts to conduct outreach to inform
                                               (3) advanced biofuels (as defined in section            ‘‘(III) the Commonwealth of Puerto Rico;             eligible entities and faculty of changes to,
                                             9001 of the Farm Security and Rural Invest-               ‘‘(IV) Guam; and                                     and opportunities under, EPSCoR;
                                             ment Act of 2002 (7 U.S.C. 8101)), advanced               ‘‘(V) the United States Virgin Islands.                 ‘‘(III) how EPSCoR plans to increase en-
                                             biofuel blends, and energy efficient furnaces             ‘‘(B) PROGRAM OPERATION.—The Secretary               gagement with eligible entities, faculty, and
                                             and boilers, including necessary retrofits to           shall operate an Established Program to                State committees, including by holding reg-
                                             allow for the use of those fuels;                       Stimulate Competitive Research.                        ular workshops, to increase participation in
                                               (4) electric heat pumps, including geo-                 ‘‘(C)    OBJECTIVES.—The       objectives   of       EPSCoR; and
                                             thermal and air-source heat pumps;                      EPSCoR shall be—                                          ‘‘(IV) any other issues relating to EPSCoR
                                               (5) alternative low-emission refrigerants;              ‘‘(i) to increase the number of researchers          that the Secretary determines appropriate.
                                             and                                                     at institutions of higher education in eligi-             ‘‘(G) PROGRAM EVALUATION.—
                                               (6) opportunities for reducing installation           ble jurisdictions capable of performing na-               ‘‘(i) IN GENERAL.—Not later than 5 years
                                             and maintenance costs through workforce                 tionally competitive science and engineering           after the date of enactment of the American
                                             development and training.                               research in support of the mission of the De-          Energy Innovation Act of 2020, the Secretary
                                               (b) REPORT.—Not later than 1 year after               partment of Energy in the areas of applied             shall contract with a federally funded re-
                                             the date of enactment of this Act, the Sec-             energy research, environmental manage-                 search and development center, the National
                                             retary shall submit to the Committee on En-             ment, and basic science;                               Academy of Sciences, or a similar organiza-
                                             ergy and Natural Resources and the Com-                   ‘‘(ii) to enhance the capabilities of institu-       tion to carry out an assessment of the effec-
                                             mittee on Appropriations of the Senate and              tions of higher education in eligible jurisdic-        tiveness of EPSCoR, including an assessment
                                             the Committee on Energy and Commerce and                tions to develop, plan, and execute research           of—
                                             the Committee on Appropriations of the                  that is competitive in the peer-review proc-              ‘‘(I) the tangible progress made towards
                                             House of Representatives a report on the                ess; and                                               achieving the objectives described in sub-
                                             study conducted under subsection (a), includ-             ‘‘(iii) to increase the probability of long-         paragraph (C);
                                             ing—                                                    term growth of competitive funding to insti-              ‘‘(II) the impact of research supported by
                                               (1) an evaluation of potential greenhouse             tutions of higher education in eligible juris-         EPSCoR on the mission of the Department of
                                             gas emissions reductions from the pathways              dictions.                                              Energy; and
                                             described in subsection (a);                              ‘‘(D) GRANTS IN AREAS OF APPLIED ENERGY                 ‘‘(III) any other issues relating to EPSCoR
                                               (2) an evaluation of the impact of adopting           RESEARCH, ENVIRONMENTAL MANAGEMENT, AND                that the Secretary determines appropriate.
                                             technologies described in subsection (a) on             BASIC SCIENCE.—                                           ‘‘(ii) LIMITATION.—The organization with
                                             consumers, the electric grid, and pipeline                ‘‘(i) IN GENERAL.—EPSCoR shall make                  which the Secretary contracts under clause
                                             systems;                                                grants to eligible entities to carry out and           (i) shall not be a National Laboratory.
                                               (3) an identification of barriers to reducing         support applied energy research and research              ‘‘(iii) REPORT.—Not later than 6 years after
                                             greenhouse gas emissions from the heating               in all areas of environmental management               the date of enactment of the American En-
                                             and cooling sector; and                                 and basic science sponsored by the Depart-             ergy Innovation Act of 2020, the Secretary
                                               (4) recommendations relating to the issues            ment of Energy, including—                             shall submit to the Committees on Energy
                                             described in paragraphs (1) through (3).                  ‘‘(I) energy efficiency, fossil energy, renew-       and Natural Resources and Appropriations of
                                                                                                     able energy, and other applied energy re-              the Senate and the Committees on Energy
                                               SA 1350. Mr. REED (for himself, Mr.                   search;                                                and Commerce and Appropriations of the
                                             INHOFE, Mr. JONES, Mr. MORAN, and                         ‘‘(II) electricity delivery research;                House of Representatives a report describing
                                             Mrs. HYDE-SMITH) submitted an amend-                      ‘‘(III) cybersecurity, energy security, and          the results of the assessment carried out
                                             ment intended to be proposed by him                     emergency response;                                    under clause (i), including recommendations
                                                                                                       ‘‘(IV) environmental management; and                 for improvements that would enable the Sec-
                                             to the bill S. 2657, to support innova-
                                                                                                       ‘‘(V) basic science research.                        retary to achieve the objectives described in
                                             tion in advanced geothermal research                                                                           subparagraph (C).’’.
                                                                                                       ‘‘(ii) ACTIVITIES.—EPSCOR may make
                                             and development, and for other pur-
                                                                                                     grants under this subparagraph for any ac-
                                             poses; which was ordered to lie on the                  tivities consistent with the objectives de-              SA 1351. Mr. MENENDEZ (for him-
                                             table; as follows:                                      scribed in subparagraph (C) in the areas of            self, Mr. RUBIO, and Mr. BLUMENTHAL)




dlhill on DSKBBY8HB2PROD with SENATE
                                               At the end of subtitle H of title I, add the          applied energy research, environmental man-            submitted an amendment intended to
                                             following:                                              agement, and basic science described in
                                                                                                                                                            be proposed by him to the bill S. 2657,
                                             SEC. 18ll. ESTABLISHED PROGRAM TO SIMU-                 clause (i), including—
                                                        LATE COMPETITIVE RESEARCH.                     ‘‘(I) to support research at eligible entities       to support innovation in advanced geo-
                                               Section 2203(b) of the Energy Policy Act of           that is carried out in partnership with the            thermal research and development, and
                                             1992 (42 U.S.C. 13503(b)) is amended by strik-          National Laboratories;                                 for other purposes; which was ordered
                                             ing paragraph (3) and inserting the following:            ‘‘(II) to provide for graduate traineeships;         to lie on the table; as follows:



                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00033   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.028   S03MRPT1
                                             S1306                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                               At the appropriate place, insert the fol-             not a disinterested person, as defined in sec-           (ii) direct charges and direct allocations;
                                             lowing:                                                 tion 101 of title 11, United States Code; or             (iii) costs related to contract staff;
                                             SEC. lll. DISCLOSURE BY PROFESSIONAL PER-                 (C) except as provided in paragraph (3), rep-          (iv) costs related to independent consult-
                                                        SONS SEEKING APPROVAL OF COM-                resents, or holds an interest adverse to, the          ants;
                                                        PENSATION UNDER SECTION 316 OR               interest of the estate with respect to the               (v) the number of full-time equivalents;
                                                        317 OF PROMESA.                              matter on which such professional person is              (vi) a summary of any expenditures de-
                                               (a) REQUIRED DISCLOSURE.—                             employed.                                              scribed in this paragraph, with the total
                                               (1) IN GENERAL.—In a voluntary case com-                (2) CONSIDERATIONS.—In making a deter-               amount paid by each region and power sys-
                                             menced under section 304 of PROMESA (48                 mination under paragraph (1), the court may            tem; and
                                             U.S.C. 2164), no attorney, accountant, ap-              take into consideration whether the services             (vii) expenses incurred on behalf of other
                                             praiser, auctioneer, agent, consultant, or              and expenses are in the best interests of              Federal agencies or programs or third par-
                                             other professional person may be com-                   creditors and the estate.                              ties for the administration of programs not
                                             pensated under section 316 or 317 of that Act             (3) COMMITTEE PROFESSIONAL STANDARDS.—               related to the marketing, transmission, or
                                             (48 U.S.C. 2176, 2177) unless prior to making a         An attorney or accountant described in sec-            wheeling of Federal hydropower resources
                                             request for compensation, the professional              tion 1103(b) of title 11, United States Code,          within the Western Area Power Administra-
                                             person has submitted a verified statement               shall be deemed to have violated paragraph             tion marketing area, including—
                                             conforming to the disclosure requirements of            (1) if the attorney or accountant violates               (I) indirect costs, including overhead costs;
                                             rule 2014(a) of the Federal Rules of Bank-              section 1103(b) of title 11, United States               (II) direct charges and allocations;
                                             ruptcy Procedure setting forth the connec-              Code.                                                    (III) costs related to contract staff; and
                                             tion of the professional person with—                                                                            (IV) the number of full-time equivalents.
                                                (A) the debtor;                                        SA 1352. Ms. MCSALLY submitted an                      (E) Capital expenditures for each project,
                                                (B) any creditor;                                    amendment intended to be proposed by                   including—
                                                (C) any other party in interest, including           her to the bill S. 2657, to support inno-                (i) capital investments delineated by the
                                             any attorney or accountant;                             vation in advanced geothermal re-                      year in which each investment is placed into
                                                (D) the Financial Oversight and Manage-              search and development, and for other                  service; and
                                             ment Board established in accordance with                                                                        (ii) the sources of capital for each invest-
                                             section 101 of PROMESA (48 U.S.C. 2121); and
                                                                                                     purposes; which was ordered to lie on
                                                                                                     the table; as follows:                                 ment.
                                                (E) any person employed by the Oversight                                                                      (b) ANNUAL SUMMARY.—
                                             Board described in subparagraph (D).                      At the end of subtitle B of title I, add the
                                                                                                     following:                                               (1) IN GENERAL.—Not later than 120 days
                                                (2) OTHER REQUIREMENTS.—A professional                                                                      after the end of each fiscal year in which the
                                             person that submits a statement under para-             SEC. 12lllll. WESTERN AREA POWER ADMIN-
                                                                                                                ISTRATION PILOT PROJECT.                    pilot project is being carried out under this
                                             graph (1) shall—                                                                                               section, the Administrator shall make avail-
                                                (A) supplement the statement with any ad-              (a) IN GENERAL.—Not later than 120 days
                                                                                                     after the date of enactment of this Act, the           able on a publicly available website—
                                             ditional relevant information that becomes                                                                       (A) updates to documents made available
                                             known to the person; and                                Administrator of the Western Area Power
                                                                                                     Administration (referred to in this section as         on the date of the initial publication of the
                                                (B) file annually a notice confirming the                                                                   information on the website under subsection
                                             accuracy of the statement.                              the ‘‘Administrator’’) shall—
                                                                                                       (1) establish a pilot project, as part of the        (a)(2);
                                                (b) REVIEW.—
                                                                                                     continuous process improvement program                   (B) an identification of the annual changes
                                                (1) IN GENERAL.—The United States Trustee
                                                                                                     and to provide increased transparency for              in the information published on the website
                                             shall review each verified statement sub-
                                                                                                     customers—                                             under subsection (a)(2);
                                             mitted pursuant to subsection (a) and may
                                                                                                       (A) to make available a database of infor-             (C) the reasons for the changes identified
                                             file with the court comments on such
                                                                                                     mation relating to the Western Area Power              under subparagraph (B);
                                             verified statements before the professionals
                                                                                                     Administration in accordance with para-                  (D) subject to paragraph (2), the total
                                             filing such statements seek compensation
                                                                                                     graph (2); and                                         amount of the unobligated balances retained
                                             under section 316 or 317 of PROMESA (48
                                                                                                       (B) to provide annual updates to the data-           by the Western Area Power Administration
                                             U.S.C. 2176, 2177).
                                                                                                     base in accordance with subsection (b); and            at the end of the prior fiscal year within
                                                (2) OBJECTION.—The United States Trustee
                                                                                                       (2) publish on a publicly available website          each project and headquarters by—
                                             may object to compensation applications
                                                                                                     of the Western Area Power Administration, a              (i) purpose or function;
                                             filed under section 316 or 317 of PROMESA
                                                                                                     database of the following information, begin-            (ii) source of funding;
                                             (48 U.S.C. 2176, 2177) that fail to satisfy the
                                                                                                     ning with fiscal year 2008, relating to the              (iii) anticipated program allotment; and
                                             requirements of subsection (e).
                                                                                                     Western Area Power Administration:                       (iv) underlying authority for each source of
                                                (3) RIGHT TO BE HEARD.—Each person de-
                                                                                                       (A) By power system and in a consistent              funding; and
                                             scribed in section 1109 of title 11, United
                                                                                                     format, rates charged to customers for power             (E) the anticipated level of unobligated
                                             States Code, may appear and be heard on any
                                                                                                     and transmission service.                              balances that the Western Area Power Ad-
                                             issue in a case under this section.
                                                (c) JURISDICTION.—The district courts of               (B) By power system, the amount of capac-            ministration expects to retain at the end of
                                             the United States shall have jurisdiction of            ity or energy sold.                                    the fiscal year in which the annual summary
                                             all cases under this section.                             (C) By region, an accounting, at the task            is published, as delineated by each of the cat-
                                                (d) RETROACTIVITY.—                                  level, budget activity level, organizational           egories described in clauses (i) through (iv)
                                                (1) IN GENERAL.—If a court has entered an            code level, and object class level, of all ex-         of subparagraph (D).
                                             order approving compensation under a case               penditures, including—                                   (2) LIMITATION.—Amounts in the Upper Col-
                                             commenced under section 304 of PROMESA                    (i) indirect costs, including overhead costs;        orado River Basin Fund established by sec-
                                             (48 U.S.C. 2164), each professional person sub-           (ii) direct charges and direct allocations;          tion 5(a) of the Act of April 11, 1956 (com-
                                             ject to the order shall file a verified state-            (iii) costs related to contract staff;               monly known as the ‘‘Colorado River Stor-
                                             ment in accordance with subsection (a) not                (iv) costs related to independent consult-           age Project Act’’) (43 U.S.C. 620d(a)), shall
                                             later than 60 days after the date of enact-             ants;                                                  not be considered to be an unobligated bal-
                                             ment of this Act.                                         (v) the number of full-time equivalents;             ance retained by the Western Area Power
                                                (2) NO DELAY.—A court may not delay any                (vi) charges to the region from the head-            Administration for purposes of paragraph
                                             proceeding in connection with a case com-               quarters office of the Western Area Power              (1)(D).
                                             menced under section 304 of PROMESA (48                 Administration for all annual and capital                (c) TERMINATION.—The pilot project under
                                             U.S.C. 2164) pending the filing of a verified           costs; and                                             this section shall terminate on the date that
                                             statement under paragraph (1).                            (vii) expenses incurred on behalf of other           is 7 years after the date of enactment of this
                                                (e) LIMITATION ON COMPENSATION.—                     Federal agencies or programs or third par-             Act.
                                                (1) IN GENERAL.—In a voluntary case com-             ties for the administration of programs not
                                             menced under section 304 of PROMESA (48                 related to the marketing, transmission, or               SA 1353. Ms. MCSALLY submitted an
                                             U.S.C. 2164), in connection with the review             wheeling of Federal hydropower resources               amendment intended to be proposed by
                                             and approval of professional compensation               within the Western Area Power Administra-              her to the bill S. 2657, to support inno-
                                             under section 316 or 317 of PROMESA (48                 tion marketing area, including—
                                             U.S.C. 2176, 2177), the court may deny allow-             (I) indirect costs, including overhead costs;
                                                                                                                                                            vation in advanced geothermal re-
                                             ance of compensation for services and reim-               (II) direct charges and allocations;                 search and development, and for other
                                             bursement of expenses, accruing after the                 (III) costs related to contract staff; and           purposes; which was ordered to lie on




dlhill on DSKBBY8HB2PROD with SENATE
                                             date of the enactment of this Act of a profes-            (IV) the number of full-time equivalents.            the table; as follows:
                                             sional person if the professional person—                 (D) For the headquarters office of the                 At the end, add the following:
                                                (A) has failed to file statements of connec-         Western Area Power Administration, an ac-
                                             tions required by subsection (a) or has filed           counting, at the task level, budget activity                    TITLE IV—MISCELLANEOUS
                                             inadequate statements of connections;                   level, organizational code level, and object           SEC. 4001. CONVEYANCE OF LOWELL OBSERV-
                                                (B) except as provided in paragraph (3), is          class level, of all expenditures, including—                      ATORY.
                                             on or after the date of enactment of this Act             (i) indirect costs, including overhead costs;          (a) DEFINITIONS.—In this section:




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00034   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.036   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                        S1307
                                               (1) OBSERVATORY.—The term ‘‘Observ-                   Secretary for expenditure in accordance with           essary repayment period recommended by
                                             atory’’ means the Lowell Observatory in                 this subsection without further appropria-             the Secretary; and
                                             Flagstaff, Arizona.                                     tion.                                                    ‘‘(iii) an analysis of alternative non-Fed-
                                               (2) SECRETARY.—The term ‘‘Secretary’’                   ‘‘(4) APPLICATION FOR FUNDING.—                      eral funding options; and
                                             means the Secretary of Agriculture, acting                ‘‘(A) IN GENERAL.—Not less than once per               ‘‘(C) describes the balance of funds in the
                                             through the Chief of the Forest Service.                fiscal year, the Secretary shall accept, dur-          Account as of the date of the report.
                                               (b) RELEASE OF REVERSIONARY AND RE-                   ing an application period established by the             ‘‘(6) EFFECT OF SUBSECTION.—Nothing in
                                             SERVED INTERESTS.—                                      Secretary, applications from transferred               this subsection affects—
                                               (1) IN GENERAL.—Subject to valid existing             works operating entities or project bene-                ‘‘(A) any funding provided, or contracts en-
                                             rights, if the Observatory makes a written              ficiaries responsible for payment of reim-             tered into, under subsection (a) before the
                                             request to the Secretary for conveyance of              bursable costs for funds and extended repay-           date of enactment of this subsection; or
                                             the parcel of land described in paragraph (2)           ment for eligible projects.                              ‘‘(B) the use of funds otherwise made avail-
                                             not later than 180 days after the date of en-             ‘‘(B) ELIGIBLE PROJECT.—A project eligible           able to the Secretary to carry out subsection
                                             actment of this Act, the Secretary shall con-           for funding and extended repayment under               (a).’’.
                                             vey to the Observatory, without consider-               this subsection is a project that—                       (b) AUTHORIZATION OF APPROPRIATIONS FOR
                                             ation and by quitclaim deed, all right, title,                                                                 THE RECLAMATION SAFETY OF DAMS ACT OF
                                                                                                       ‘‘(i) qualifies as an extraordinary operation
                                             and interest of the United States in and to                                                                    1978.—Section 5 of the Reclamation Safety of
                                                                                                     and maintenance work under this section;
                                             that parcel of land.                                                                                           Dams Act of 1978 (43 U.S.C. 509) is amended,
                                                                                                       ‘‘(ii) is for the major, non-recurring main-         in the first sentence, by inserting ‘‘, and, ef-
                                               (2) LAND DESCRIBED.—The parcel of land to             tenance of a mission-critical asset; and
                                             be conveyed under paragraph (1) is the Na-                                                                     fective October 1, 2019, not to exceed an addi-
                                                                                                       ‘‘(iii) is not eligible to be carried out or         tional $550,000,000 (October 1, 2019, price lev-
                                             tional Forest System land—                              funded under the repayment provisions of
                                               (A) conveyed by the United States to Per-                                                                    els)’’ before ‘‘, plus or minus’’.
                                                                                                     section 4(c) of the Reclamation Safety of                (c) REVIEW OF FLOOD CONTROL RULE
                                             cival Lowell and his heirs by the Act entitled          Dams Act of 1978 (43 U.S.C. 508(c)).                   CURVES PILOT PROJECT.—
                                             ‘‘An Act granting certain lands in the                    ‘‘(C) GUIDELINES FOR APPLICATIONS.—Not                 (1) DEFINITIONS.—In this subsection:
                                             Coconino National Forest, in Arizona, for ob-           later than 60 days after the date of enact-              (A) BUREAU.—The term ‘‘Bureau’’ means
                                             servatory purposes’’, approved May 30, 1910             ment of this subsection, the Secretary shall           the Bureau of Reclamation.
                                             (36 Stat. 452; chapter 261); and                        issue guidelines describing the information              (B) ELIGIBLE WORKS.—
                                               (B) described as sec. 17, T. 21 N., R. 7 E., of       required to be provided in an application for            (i) IN GENERAL.—The term ‘‘eligible works’’
                                             the Gila and Salt River base and meridian in            funding and extended repayment under this              means a reserved works, or a transferred
                                             Coconino County, Arizona.                               subsection that require, at a minimum—                 works for which—
                                                                                                       ‘‘(i) a description of the project for which           (I) the flood control rule curve has not
                                               SA 1354. Ms. MCSALLY submitted an                     the funds are requested;                               been substantially adjusted during the 10-
                                             amendment intended to be proposed by                      ‘‘(ii) the amount of funds requested;                year period ending on the date of enactment
                                             her to the bill S. 2657, to support inno-                 ‘‘(iii) the repayment period requested by            of this Act; and
                                             vation in advanced geothermal re-                       the transferred works operating entity or                (II) the Secretary receives a request in ac-
                                             search and development, and for other                   project beneficiary responsible for repay-             cordance with paragraph (3)(A)(i).
                                             purposes; which was ordered to lie on                   ment of reimbursable costs;                              (ii)    EXCLUSIONS.—The       term     ‘‘eligible
                                             the table; as follows:                                    ‘‘(iv) alternative non-Federal funding op-           works’’ does not include—
                                                                                                     tions that have been evaluated;                          (I) any project authorized by the Boulder
                                               At the end, add the following:                          ‘‘(v) the financial justification for request-       Canyon Project Act (43 U.S.C. 617 et seq.);
                                                     TITLE IV—MISCELLANEOUS                          ing an extended repayment period; and                    (II) any project authorized by the Act of
                                             SEC. 4001. WATER SUPPLY INFRASTRUCTURE RE-                ‘‘(vi) the financial records of the trans-           April 11, 1956 (commonly known as the ‘‘Col-
                                                         HABILITATION AND UTILIZATION.               ferred works operating entity or project ben-          orado River Storage Project Act’’) (43 U.S.C.
                                               (a) AGING INFRASTRUCTURE ACCOUNT.—Sec-                eficiary responsible for repayment of reim-            620 et seq.); or
                                             tion 9603 of the Omnibus Public Land Man-               bursable costs.                                          (III) any project of the Pick-Sloan Mis-
                                             agement Act of 2009 (43 U.S.C. 510b) is                   ‘‘(D) REVIEW BY THE SECRETARY.—The Sec-              souri River Basin Program (authorized by
                                             amended by adding at the end the following:             retary shall review each application sub-              section 9 of the Act of December 22, 1944
                                               ‘‘(d) AGING INFRASTRUCTURE ACCOUNT.—                  mitted under subparagraph (A)—                         (commonly known as the ‘‘Flood Control Act
                                               ‘‘(1) ESTABLISHMENT.—There is established               ‘‘(i) to determine whether the project is el-        of 1944’’) (58 Stat. 891, chapter 665)).
                                             in the general fund of the Treasury a special           igible for funds and an extended repayment               (C) PILOT PROJECT.—The term ‘‘pilot
                                             account, to be known as the ‘Aging Infra-               period under this subsection;                          project’’ means the pilot project established
                                             structure Account’ (referred to in this sub-              ‘‘(ii) to determine if the project has been          under paragraph (2).
                                             section as the ‘Account’), to provide funds             identified by the Bureau of Reclamation as               (D) RESPONSIBLE PARTY.—The term ‘‘re-
                                             to, and provide for the extended repayment              part of the major rehabilitation and replace-          sponsible party’’ means—
                                             of the funds by, a transferred works oper-              ment of a project facility; and                          (i) with respect to a reserved works—
                                             ating entity or project beneficiary respon-               ‘‘(iii) to conduct a financial analysis of—            (I) a non-Federal water user or power con-
                                             sible for repayment of reimbursable costs for             ‘‘(I) the project; and                               tractor that has an active repayment, water
                                             the conduct of extraordinary operation and                ‘‘(II) the transferred works operating enti-         service, or power service contract with the
                                             maintenance work at a project facility,                 ty or project beneficiary responsible for re-          Bureau;
                                             which shall consist of—                                 payment of reimbursable costs.                           (II) a power contractor that has an active
                                               ‘‘(A) any amounts that are specifically ap-             ‘‘(5) REPORT.—Not later than 90 days after           contract with a Federal power marketing ad-
                                             propriated to the Account under section 9605;           the date on which an application period                ministration for energy, capacity, or energy
                                             and                                                     closes under paragraph (4)(A), the Secretary           and capacity, from a hydropower facility
                                               ‘‘(B) any amounts deposited in the Account            shall submit to the Committees on Energy               owned by the Bureau; or
                                             under paragraph (3)(B).                                 and Natural Resources and Appropriations of              (III) a non-Federal operating entity, in-
                                               ‘‘(2) EXPENDITURES.—Subject to appropria-             the Senate and the Committees on Natural               cluding a joint powers authority or board of
                                             tions and paragraph (3), the Secretary may              Resources and Appropriations of the House              control, that has assumed responsibility on
                                             expend amounts in the Account to fund and               of Representatives a report that—                      behalf of multiple water users, through a
                                             provide for extended repayment of the funds               ‘‘(A) identifies each project eligible for           contract with the Bureau, for the operation
                                             for eligible projects identified in a report            funding and extended repayment under this              and maintenance of the reserved works; and
                                             submitted under paragraph (5)(A).                       subsection;                                              (ii) with respect to a transferred works, the
                                               ‘‘(3) REPAYMENT CONTRACT.—                              ‘‘(B) with respect to each eligible project          operating entity of the transferred works.
                                               ‘‘(A) IN GENERAL.—The Secretary may not               identified under subparagraph (A), includes—             (E) SECRETARY.—The term ‘‘Secretary’’
                                             expend amounts under paragraph (2) with re-               ‘‘(i) a description of—                              means Secretary of the Interior.
                                             spect to an eligible project described in that            ‘‘(I) the eligible project;                            (2) ESTABLISHMENT OF PILOT PROJECT.—The
                                             paragraph unless the transferred works oper-              ‘‘(II) the anticipated cost and duration of          Secretary, in consultation with the Sec-
                                             ating entity or project beneficiary respon-             the eligible project; and                              retary of the Army, shall establish within
                                             sible for repayment of reimbursable costs                 ‘‘(III) any remaining engineering or envi-           the Bureau a pilot project to adjust flood
                                             has entered into a contract to repay the                ronmental compliance that is required be-              control rule curves in accordance with para-
                                             amounts under subsection (b)(2).                        fore the eligible project commences;                   graph (4).




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(B) DEPOSIT OF REPAID FUNDS.—Amounts                  ‘‘(ii) an analysis of—                                 (3) SELECTION OF ELIGIBLE WORKS.—
                                             repaid by a transferred works operating enti-             ‘‘(I) the repayment period proposed in the             (A) REQUEST.—
                                             ty or project beneficiary responsible for re-           application; and                                         (i) IN GENERAL.—In order for an eligible
                                             payment of reimbursable costs receiving                   ‘‘(II) if the Secretary recommends a min-            works to be selected for inclusion in the
                                             funds under a repayment contract entered                imum necessary repayment period that is                pilot project, a responsible party shall sub-
                                             into under this subsection shall be deposited           different than the repayment period pro-               mit a written request to the Secretary seek-
                                             in the Account and shall be available to the            posed in the application, the minimum nec-             ing a flood control rule curve adjustment.




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00035   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.037   S03MRPT1
                                             S1308                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                               (ii) NOTICE.—Not later than 30 days after               (B) affects or modifies any authorized pur-          establish priority areas on covered land for
                                             the date on which the Secretary receives a              pose of any project carried out by the Sec-            geothermal, solar, and wind energy projects.
                                             request under clause (i), the Secretary shall           retary.                                                  (B) DEADLINE.—
                                             notify—                                                   (8) TERMINATION.—                                      (i) GEOTHERMAL ENERGY.—For geothermal
                                               (I) each responsible party of that request,             (A) IN GENERAL.—The pilot project shall              energy, the Secretary shall establish priority
                                             using lists maintained by the Bureau; and               terminate on the date that is 15 years after           areas as soon as practicable, but not later
                                               (II) if applicable, the appropriate Federal           the date of enactment of this Act.                     than 5 years, after the date of enactment of
                                             power marketing administration.                           (B) EFFECT.—Termination of the pilot                 this Act.
                                               (B) SELECTION.—Each year, the Secretary               project under subparagraph (A) shall not af-             (ii) SOLAR ENERGY.—For solar energy, the
                                             shall—                                                  fect any flood control rule curve developed            Secretary shall establish additional priority
                                               (i) select 1 or more eligible works for inclu-        as part of the pilot project.                          areas as soon as practicable, but not later
                                             sion in the pilot project; and                                                                                 than 3 years, after the date of enactment of
                                               (ii) submit a list of those eligible works              SA 1355. Ms. MCSALLY submitted an                    this Act.
                                             to—                                                     amendment intended to be proposed by                     (iii) WIND ENERGY.—For wind energy, the
                                               (I) the Secretary of the Army;                        her to the bill S. 2657, to support inno-              Secretary shall establish priority areas as
                                               (II) the Committee on Natural Resources of            vation in advanced geothermal re-                      soon as practicable, but not later than 3
                                             the House of Representatives; and                       search and development, and for other                  years, after the date of enactment of this
                                                                                                                                                            Act.
                                               (III) the Committee on Energy and Natural             purposes; which was ordered to lie on
                                                                                                                                                              (2) VARIANCE AREAS.—To the maximum ex-
                                             Resources of the Senate.                                the table; as follows:                                 tent practicable, variance areas shall be con-
                                               (C) EXCLUSION.—The Secretary shall not                  At the end of subtitle B of title I, add the         sidered for renewable energy project develop-
                                             select an eligible works for inclusion in the           following:                                             ment, consistent with the principles of mul-
                                             pilot project under subparagraph (B)(i) if,             SEC. 12ll. PUBLIC LAND RENEWABLE ENERGY                tiple use (as defined in section 103 of the Fed-
                                             not later than 60 days after the date on                           DEVELOPMENT.                                eral Land Policy and Management Act of
                                             which the notice is provided to each respon-              (a) DEFINITIONS.—In this section:                    1976 (43 U.S.C. 1702)).
                                             sible party under subparagraph (A)(ii)(I), a              (1) COVERED LAND.—The term ‘‘covered                   (3) REVIEW AND MODIFICATION.—Not less fre-
                                             majority of the responsible parties submit to           land’’ means land that is—                             quently than once every 5 years, the Sec-
                                             the Secretary an objection to the inclusion                (A) public land; and                                retary shall—
                                             of the eligible works in the pilot project.                (B) not excluded from the development of              (A) review the adequacy of land allocations
                                               (4) ADJUSTMENT OF A FLOOD CONTROL                     geothermal, solar, or wind energy under—               for geothermal, solar, and wind energy pri-
                                             RULE.—                                                     (i) a land use plan established under the           ority and variance areas for the purpose of
                                               (A) IN GENERAL.—The flood control rule                Federal Land Policy and Management Act of              encouraging new renewable energy develop-
                                             curve of an eligible works shall be adjusted            1976 (43 U.S.C. 1701 et seq.); or                      ment opportunities; and
                                             pursuant to section 7 of the Act of December               (ii) other Federal law.                               (B) based on the review carried out under
                                             22, 1944 (33 U.S.C. 709), if the Secretary of the          (2) EXCLUSION AREA.—The term ‘‘exclusion            subparagraph (A), add, modify, or eliminate
                                             Army determines that the adjustment would               area’’ means covered land that is identified           priority, variance, and exclusion areas.
                                             enhance the authorized purposes of the eligi-           by the Bureau of Land Management as not                  (4) COMPLIANCE WITH THE NATIONAL ENVI-
                                             ble works.                                              suitable for development of renewable en-              RONMENTAL POLICY ACT.—For purposes of this
                                               (B) CONSIDERATIONS.—In the adjustment of              ergy projects.                                         subsection, compliance with the National
                                             a flood control rule curve under subpara-                  (3) FEDERAL LAND.—The term ‘‘Federal                Environmental Policy Act of 1969 (42 U.S.C.
                                             graph (A), the following factors shall be con-          land’’ means—                                          4321 et seq.) shall be accomplished—
                                             sidered:                                                   (A) National Forest System land; and                  (A)     for     geothermal      energy,     by
                                               (i) Forecast-informed reservoir operations.              (B) public land.                                    supplementing the October 2008 final pro-
                                               (ii) Improved hydrologic forecasting for—                (4) FUND.—The term ‘‘Fund’’ means the Re-           grammatic environmental impact statement
                                               (I) precipitation;                                    newable Energy Resource Conservation Fund              for geothermal leasing in the Western United
                                               (II) snowpack;                                        established by subsection (h)(3)(A).                   States, including by incorporating any addi-
                                               (III) runoff; and                                        (5) NATIONAL FOREST SYSTEM.—The term                tional regional analyses that were completed
                                               (IV) soil moisture conditions.                        ‘‘National Forest System’’ has the meaning             by Federal agencies after the date on which
                                               (iii) Any new watershed data, including               given the term in section 11(a) of the Forest          the programmatic environmental impact
                                             data provided by a responsible party for the            and Rangeland Renewable Resources Plan-                statement was finalized;
                                             eligible works.                                         ning Act of 1974 (16 U.S.C. 1609(a)).                    (B) for solar energy, by supplementing the
                                               (C) CONSULTATION.—In the adjustment of a                 (6) PRIORITY AREA.—The term ‘‘priority              July 2012 final programmatic environmental
                                             flood control rule curve under subparagraph             area’’ means covered land identified by the            impact statement for the Solar Energy Pro-
                                             (A), the following entities shall be consulted:         land use planning process of the Bureau of             gram of the Bureau of Land Management, in-
                                               (i) Each responsible party for the eligible           Land Management as being a preferred loca-             cluding by incorporating any additional re-
                                             works.                                                  tion for a renewable energy project, includ-           gional analyses that were completed by Fed-
                                               (ii) In the case of an eligible works that            ing a designated leasing area (as defined in           eral agencies after the date on which the
                                             produces power marketed by the Federal                  section 2801.5(b) of title 43, Code of Federal         programmatic environmental impact state-
                                             Government, the Federal power marketing                 Regulations (or a successor regulation)) that          ment was finalized; and
                                             administration that markets the power.                  is identified under the rule of the Bureau of            (C) for wind energy, by supplementing the
                                               (iii) The Secretary.                                  Land Management entitled ‘‘Competitive                 July 2005 final programmatic environmental
                                               (5) CONSULTATION.—The Secretary shall                 Processes, Terms, and Conditions for Leasing           impact statement for wind energy develop-
                                             consult with the Secretary of the Army with             Public Lands for Solar and Wind Energy De-             ment, including by incorporating any addi-
                                             respect to any action taken by the Secretary            velopment and Technical Changes and Cor-               tional regional analyses that were completed
                                             of the Army—                                            rections’’ (81 Fed. Reg. 92122 (December 19,           by Federal agencies after the date on which
                                               (A) pursuant to section 7 of the Act of De-           2016)) (or a successor regulation).                    the programmatic environmental impact
                                             cember 22, 1944 (33 U.S.C. 709); and                       (7) PUBLIC LAND.—The term ‘‘public land’’           statement was finalized.
                                               (B) that relates to the pilot project.                has the meaning given the term ‘‘public                  (5) NO EFFECT ON PROCESSING APPLICA-
                                               (6) FUNDING.—The Secretary or the Sec-                lands’’ in section 103 of the Federal Land             TIONS.—A requirement to prepare a supple-
                                             retary of the Army, as appropriate, may ac-             Policy and Management Act of 1976 (43                  ment to a programmatic environmental im-
                                             cept amounts from responsible parties for el-           U.S.C. 1702).                                          pact statement under this subsection shall
                                             igible works to fund all or a portion of the               (8) RENEWABLE ENERGY PROJECT.—The term              not result in any delay in processing an ap-
                                             cost of carrying out an adjustment of a flood           ‘‘renewable energy project’’ means a project           plication for a renewable energy project.
                                             control rule under paragraph (4), including a           carried out on covered land that uses wind,              (6) COORDINATION.—In developing a supple-
                                             review or revision of operational documents             solar, or geothermal energy to generate en-            ment required by this subsection, the Sec-
                                             (including water control plans, water control           ergy.                                                  retary shall coordinate, on an ongoing basis,
                                             manuals, water control diagrams, release                   (9) SECRETARY.—The term ‘‘Secretary’’               with appropriate State, Tribal, and local
                                             schedules, rule curves, operational agree-              means the Secretary of the Interior.                   governments, transmission infrastructure
                                             ments with non-Federal entities, and any as-               (10) VARIANCE AREA.—The term ‘‘variance             owners and operators, developers, and other
                                             sociated environmental documentation).                  area’’ means covered land that—                        appropriate entities to ensure that priority
                                               (7) EFFECT.—Nothing in this subsection—                  (A) is not an exclusion area; and                   areas identified by the Secretary are—




dlhill on DSKBBY8HB2PROD with SENATE
                                               (A) affects or modifies any existing author-             (B) is not a priority area.                           (A) economically viable (including having
                                             ity to review or modify—                                   (b) LAND USE PLANNING; SUPPLEMENTS TO               access to existing or planned transmission
                                               (i) reservoir operations, including any ex-           PROGRAMMATIC         ENVIRONMENTAL     IMPACT          capacity);
                                             isting forecast-informed reservoir operations           STATEMENTS.—                                             (B) likely to avoid or minimize conflict
                                             at a facility of the Corps of Engineers, such              (1) PRIORITY AREAS.—                                with habitat for animals and plants, recre-
                                             as Coyote Dam; and                                         (A) IN GENERAL.—The Secretary, in con-              ation, cultural resources, and other uses of
                                               (ii) flood control operations; or                     sultation with the Secretary of Energy, shall          covered land; and




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00036   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.037   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1309
                                               (C) consistent with section 202 of the Fed-             (v) the Migratory Bird Treaty Act (16                  (1) DEFINITION OF PROJECT.—In this sub-
                                             eral Land Policy and Management Act of                  U.S.C. 703 et seq.);                                   section, the term ‘‘project’’ means a system
                                             1976 (43 U.S.C. 1712), including subsection               (vi) the preparation of analyses under the           described in section 2801.9(a)(4) of title 43,
                                             (c)(9) of that section (43 U.S.C. 1712(c)(9)).          National Environmental Policy Act of 1969              Code of Federal Regulations (as in effect on
                                               (c) ENVIRONMENTAL REVIEW ON COVERED                   (42 U.S.C. 4321 et seq.);                              the date of enactment of this Act).
                                             LAND.—                                                    (vii) implementation of the requirements               (2) REQUIREMENT TO PAY RENTS AND FEES.—
                                               (1) IN GENERAL.—If the Secretary deter-               of section 306108 of title 54, United States           The owner of a project that applied for a
                                             mines that a proposed renewable energy                  Code (formerly known as section 106 of the             right-of-way under section 501 of the Federal
                                             project has been sufficiently analyzed by a             National Historic Preservation Act);                   Land Policy and Management Act of 1976 (43
                                             programmatic environmental impact state-                  (viii) planning under section 14 of the Na-          U.S.C. 1761) on or before December 19, 2016,
                                             ment conducted under subsection (b)(4), the             tional Forest Management Act of 1976 (16               shall be obligated to pay with respect to the
                                             Secretary shall not require any additional              U.S.C. 472a); and                                      right-of-way all rents and fees in effect be-
                                             review under the National Environmental                   (ix) the Act of June 8, 1940 (54 Stat. 250,          fore the effective date of the rule of the Bu-
                                             Policy Act of 1969 (42 U.S.C. 4321 et seq.).            chapter 278; 16 U.S.C. 668 et seq.) (commonly          reau of Land Management entitled ‘‘Com-
                                               (2) ADDITIONAL ENVIRONMENTAL REVIEW.—If               known as the ‘‘Bald Eagle Protection Act’’).           petitive Processes, Terms, and Conditions for
                                             the Secretary determines that additional en-              (B) DUTIES.—Each employee assigned                   Leasing Public Lands for Solar and Wind En-
                                             vironmental review under the National Envi-             under subparagraph (A) shall—                          ergy Development and Technical Changes
                                             ronmental Policy Act of 1969 (42 U.S.C. 4321              (i) be responsible for addressing all issues         and Corrections’’ (81 Fed. Reg. 92122 (Decem-
                                             et seq.) is necessary for a proposed renewable          relating to the jurisdiction of the home of-           ber 19, 2016)).
                                                                                                     fice or agency of the employee; and                      (g) RENEWABLE ENERGY GOAL.—The Sec-
                                             energy project, the Secretary shall rely on
                                                                                                       (ii) participate as part of the team of per-         retary and the Secretary of Agriculture,
                                             the analysis in the programmatic environ-
                                                                                                     sonnel working on proposed energy projects,            through management of public land and ad-
                                             mental impact statement conducted under
                                                                                                     planning, monitoring, inspection, enforce-             ministration of Federal laws, shall seek to
                                             subsection (b)(4) to the maximum extent
                                                                                                     ment, and environmental analyses.                      issue permits that, in total, authorize pro-
                                             practicable when analyzing the potential im-                                                                   duction of not less than 25 gigawatts of elec-
                                             pacts of the project.                                     (4) CLARIFICATION OF EXISTING AUTHORITY.—
                                                                                                                                                            tricity from wind, solar, and geothermal en-
                                               (3) RELATIONSHIP TO OTHER LAW.—Nothing                Section 307 of the Federal Land Policy and
                                                                                                                                                            ergy projects by not later than December 31,
                                             in this subsection modifies or supersedes any           Management Act of 1976 (43 U.S.C. 1737) is
                                                                                                                                                            2025.
                                             requirement under applicable law.                       amended by adding at the end the following:              (h) DISPOSITION OF REVENUES.—
                                               (d) PROGRAM TO IMPROVE RENEWABLE EN-                    ‘‘(8) DONATIONS.—The Secretary, in accord-             (1) DISPOSITION OF REVENUES.—Without fur-
                                             ERGY PROJECT PERMIT COORDINATION.—                      ance with subsection (c), may accept dona-             ther appropriation or fiscal year limitation,
                                               (1) ESTABLISHMENT.—                                   tions from renewable energy companies                  of the amounts collected as bonus bids, rent-
                                               (A) IN GENERAL.—The Secretary shall es-               working on public lands, including donations           als, fees, or other payments under a right-of-
                                             tablish and implement, through the offices              to help cover the costs of environmental re-           way, permit, lease, or other authorization
                                             established under subparagraph (B), a pro-              views.’’.                                              (other than under section 504(g) of the Fed-
                                             gram to improve Federal permit coordina-                  (5) REPORT TO CONGRESS.—                             eral Land Policy and Management Act of
                                             tion with respect to renewable energy                     (A) IN GENERAL.—Not later than February 1            1976 (43 U.S.C. 1764(g))) for the development
                                             projects on covered land.                               of the first fiscal year beginning after the           of wind or solar energy on covered land or
                                               (B) ESTABLISHMENT OF OFFICES.—To estab-               date of enactment of this Act, and each Feb-           National Forest System land—
                                             lish and implement the program described in             ruary 1 thereafter, the Secretary shall sub-             (A) for the period beginning on January 1,
                                             subparagraph (A), and to carry out other                mit to the Committee on Energy and Nat-                2021, and ending on December 31, 2040—
                                             necessary activities, as determined by the              ural Resources of the Senate and the Com-                (i) 25 percent shall be paid by the Secretary
                                             Secretary, the Secretary shall establish—               mittee on Natural Resources of the House of            of the Treasury to the State within the
                                               (i) an office to serve as the National Re-            Representatives a report describing the                boundaries of which the revenue is derived;
                                             newable Energy Coordination Office; and                 progress made under the program established              (ii) 25 percent shall be paid by the Sec-
                                               (ii) State, district, or field Renewable En-          under paragraph (1)(A) during the preceding            retary of the Treasury to the 1 or more coun-
                                             ergy Coordination Offices, for such time as             year.                                                  ties within the boundaries of which the rev-
                                             the Secretary determines to be appropriate.               (B) INCLUSIONS.—Each report under sub-               enue is derived, to be allocated among the
                                               (2) MEMORANDUM OF UNDERSTANDING.—                     paragraph (A) shall include—                           counties based on the percentage of land
                                               (A) IN GENERAL.—Not later than 180 days                 (i) projections for renewable energy pro-            from which the revenue is derived;
                                             after the date of enactment of this Act, the            duction and capacity installations; and                  (iii) 15 percent shall be deposited in the
                                             Secretary shall enter into a memorandum of                (ii) a description of any problems relating          Treasury and be made available to the Sec-
                                             understanding for purposes of this sub-                 to leasing, permitting, siting, or production.         retary to carry out the program established
                                             section, including to specifically expedite               (e) INCREASING ECONOMIC CERTAINTY.—                  under subsection (d)(1), including the trans-
                                             the environmental analysis of applications                (1) IN GENERAL.—The Secretary shall con-             fer of the funds by the Bureau of Land Man-
                                             for projects proposed in a variance area or a           sider the total amount paid in acreage rental          agement to other Federal agencies and State
                                             priority area, with—                                    rates, capacity fees, and other recurring an-          agencies to facilitate the processing of re-
                                               (i) the Secretary of Defense; and                     nual fees in evaluating existing rates paid by         newable energy permits on Federal land,
                                               (ii) the Secretary of Agriculture.                    renewable energy projects for the use of Fed-          with priority given to using the amounts, to
                                               (B) STATE PARTICIPATION.—The Secretary                eral land.                                             the maximum extent practicable without
                                             may request the Governor of any interested                (2) INCREASES IN BASE RENTAL RATES.—                 detrimental impacts to emerging markets,
                                             State to be a signatory to the memorandum               After a base rental rate is established on an          to expediting the issuance of permits re-
                                             of understanding under subparagraph (A).                issuance of a right-of-way authorization, for          quired for the development of renewable en-
                                               (3) DESIGNATION OF QUALIFIED STAFF.—                  the entire term of the right-of-way author-            ergy projects in the States from which the
                                               (A) IN GENERAL.—Not later than 30 days                ization, any increase in the base rental rate          revenues are derived; and
                                             after the date on which the memorandum of               shall be limited to the Implicit Price                   (iv) 35 percent shall be deposited in the
                                             understanding under paragraph (2) is exe-               Deflator–Gross Domestic Product Index pub-             Fund; and
                                             cuted, all Federal signatories, as appro-               lished by the Bureau of Economic Analysis                (B) beginning on January 1, 2041—
                                             priate, shall identify for the National Renew-          of the Department of Commerce on the date                (i) 25 percent shall be paid by the Secretary
                                             able Energy Coordination Office established             of issuance of the right-of-way authoriza-             of the Treasury to the State within the
                                             under paragraph (1)(B)(i) and each Renew-               tion.                                                  boundaries of which the revenue is derived;
                                             able Energy Coordination Office established               (3) REDUCTIONS IN BASE RENTAL RATES.—                  (ii) 25 percent shall be paid by the Sec-
                                             under paragraph (1)(B)(ii) 1 or more employ-            The Secretary may reduce acreage rental                retary of the Treasury to the 1 or more coun-
                                             ees who have expertise in the regulatory                rates and capacity fees for existing and new           ties within the boundaries of which the rev-
                                             issues relating to the office in which the em-          wind and solar authorizations if the Sec-              enue is derived, to be allocated among the
                                             ployee is employed, including, as applicable,           retary determines—                                     counties based on the percentage of land
                                             particular expertise in—                                  (A) that the existing rates—                         from which the revenue is derived;
                                               (i) consultation regarding, and preparation             (i) exceed fair market value;                          (iii) 10 percent shall be deposited in the
                                             of, biological opinions under section 7 of the            (ii) impose economic hardships;                      Treasury and be made available to the Sec-
                                             Endangered Species Act of 1973 (16 U.S.C.                 (iii) limit commercial interest in a com-            retary to carry out the program established
                                             1536);                                                  petitive lease sale or right-of-way grant; or          under subsection (d)(1), including the trans-




dlhill on DSKBBY8HB2PROD with SENATE
                                               (ii) permits under section 404 of the Fed-              (iv) are not competitively priced compared           fer of the funds by the Bureau of Land Man-
                                             eral Water Pollution Control Act (33 U.S.C.             to other available land; or                            agement to other Federal agencies and State
                                             1344);                                                    (B) that a reduced rental rate or capacity           agencies to facilitate the processing of re-
                                               (iii) regulatory matters under the Clean              fee is necessary to promote the greatest use           newable energy permits on Federal land,
                                             Air Act (42 U.S.C. 7401 et seq.);                       of wind and solar energy resources, espe-              with priority given to using the amounts, to
                                               (iv) the Federal Land Policy and Manage-              cially inside priority areas.                          the maximum extent practicable without
                                             ment Act of 1976 (43 U.S.C. 1701 et seq.);                (f) LIMITED GRANDFATHERING.—                         detrimental impacts to emerging markets,




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00037   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.038   S03MRPT1
                                             S1310                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             to expediting the issuance of permits re-               years beginning after the date of enactment            from geothermal resources, as determined
                                             quired for the development of renewable en-             of this Act’’ and inserting ‘‘through fiscal           through flow or injection testing or measure-
                                             ergy projects in the States from which the              year 2023’’.                                           ment of lost circulation while drilling.
                                             revenues are derived; and                                 (2) AUTHORIZATION.—Section 234(b) of the               ‘‘(iii) QUALIFIED FEDERAL LAND.—The term
                                                (iv) 40 percent shall be deposited in the            Energy Policy Act of 2005 (42 U.S.C. 15873(b))         ‘qualified Federal land’ means land that is
                                             Fund.                                                   is amended—                                            available for leasing under this Act.
                                                (2) PAYMENTS TO STATES AND COUNTIES.—                  (A) by striking ‘‘Amounts’’ and inserting              ‘‘(iv) QUALIFIED GEOTHERMAL PROFES-
                                                (A) IN GENERAL.—Amounts paid to States               the following:                                         SIONAL.—The term ‘qualified geothermal pro-
                                             and counties under paragraph (1) shall be                 ‘‘(1) IN GENERAL.—Amounts’’; and                     fessional’ means an individual who is an en-
                                             used consistent with section 35 of the Min-               (B) by adding at the end the following:              gineer or geoscientist in good professional
                                             eral Leasing Act (30 U.S.C. 191).                         ‘‘(2) AUTHORIZATION.—Effective for fiscal            standing with at least 5 years of experience
                                                (B) PAYMENTS IN LIEU OF TAXES.—A pay-                year 2021 and each fiscal year thereafter,             in geothermal exploration, development, or
                                             ment to a county under subparagraph (A)                 amounts deposited under subsection (a) shall           project assessment.
                                             shall be in addition to a payment in lieu of            be available to the Secretary of the Interior            ‘‘(v) QUALIFIED LESSEE.—The term ‘quali-
                                             taxes received by the county under chapter              for expenditure, without further appropria-            fied lessee’ means a person that is eligible to
                                             69 of title 31, United States Code.                     tion or fiscal year limitation, to implement           hold a geothermal lease under this Act (in-
                                                (3) RENEWABLE ENERGY RESOURCE CON-                   the Geothermal Steam Act of 1970 (30 U.S.C.            cluding applicable regulations).
                                             SERVATION FUND.—                                        1001 et seq.) and this Act.’’.                           ‘‘(vi) VALID DISCOVERY.—The term ‘valid
                                                (A) IN GENERAL.—There is established in                (j) FACILITATION OF COPRODUCTION OF GEO-
                                                                                                     THERMAL ENERGY ON OIL AND GAS LEASES.—
                                                                                                                                                            discovery’ means a discovery, by a new or ex-
                                             the Treasury a fund, to be known as the ‘‘Re-
                                                                                                     Section 4 of the Geothermal Steam Act of               isting slim hole or production well, of a geo-
                                             newable Energy Resource Conservation
                                                                                                     1970 (30 U.S.C. 1003) is amended—                      thermal resource that exhibits downhole or
                                             Fund’’, which shall be administered by the
                                                                                                       (1) in subsection (c), by striking ‘‘The Sec-        flowing temperature measurements with in-
                                             Secretary, in consultation with the Sec-
                                                                                                     retary’’ and inserting the following:                  dications of permeability that are sufficient
                                             retary of Agriculture.
                                                                                                       ‘‘(1) IN GENERAL.—The Secretary’’;                   to meet industry standards.
                                                (B) USE OF FUNDS.—The Secretary may
                                             make amounts in the Fund available to Fed-                (2) in subsection (b), by redesignating para-          ‘‘(B) AUTHORITY.—An area of qualified Fed-
                                             eral, State, local, and Tribal agencies to be           graph (3) as paragraph (2) and moving the              eral land that adjoins other land for which a
                                             distributed in regions in which renewable en-           paragraph so as to appear after paragraph (1)          qualified lessee holds a legal right to develop
                                             ergy projects are located on Federal land, for          of subsection (c) (as designated by paragraph          geothermal resources may be available for a
                                             the purposes of—                                        (1)); and                                              noncompetitive lease under this section to
                                                (i) restoring and protecting—                          (3) in subsection (c) (as amended by para-           the qualified lessee at the fair market value
                                                (I) fish and wildlife habitat for affected           graphs (1) and (2)), by adding at the end the          per acre, if—
                                             species;                                                following:                                               ‘‘(i) the area of qualified Federal land—
                                                (II) fish and wildlife corridors for affected          ‘‘(3) LAND SUBJECT TO OIL AND GAS LEASE.—              ‘‘(I) consists of not less than 1 acre and not
                                             species; and                                              ‘‘(A) DEFINITION OF LAND.—In this para-              more than 640 acres; and
                                                (III) water resources in areas affected by           graph, the term ‘land’ means land that—                  ‘‘(II) is not already leased under this Act or
                                             wind, geothermal, or solar energy develop-                ‘‘(i) is under an oil and gas lease issued           nominated to be leased under subsection (a);
                                             ment; and                                               pursuant to the Mineral Leasing Act (30                  ‘‘(ii) the qualified lessee has not previously
                                                (ii) preserving and improving recreational           U.S.C. 181 et seq.) or the Mineral Leasing Act         received a noncompetitive lease under this
                                             access to Federal land and water in an af-              for Acquired Lands (30 U.S.C. 351 et seq.);            paragraph in connection with the valid dis-
                                             fected region through an easement, right-of-              ‘‘(ii) is subject to an approved application         covery for which data has been submitted
                                             way, or other instrument from willing land-             for permit to drill; and                               under clause (iii)(I); and
                                             owners for the purpose of enhancing public                ‘‘(iii) from which oil and gas production is           ‘‘(iii) sufficient geological and other tech-
                                             access to existing Federal land and water               occurring.                                             nical data prepared by a qualified geo-
                                             that is inaccessible or restricted.                       ‘‘(B) GEOTHERMAL ENERGY.—Land may be                 thermal professional has been submitted by
                                                (C) PARTNERSHIPS.—The Secretary may                  available for noncompetitive leasing under             the qualified lessee to the applicable Federal
                                             enter into cooperative agreements with                  this section to the holder of an oil and gas           land management agency that would lead in-
                                             State, local, and Tribal agencies, nonprofit            lease described in subparagraph (A)(i)—                dividuals who are experienced in the subject
                                             organizations, and other appropriate entities             ‘‘(i) if the Secretary determines that geo-          matter to believe that—
                                             to carry out the activities described in                thermal energy will be produced from a well              ‘‘(I) there is a valid discovery of geo-
                                             clauses (i) and (ii) of subparagraph (B).               that is producing or is capable of producing           thermal resources on the land for which the
                                                (D) INVESTMENT OF FUND.—                             oil and gas; and                                       qualified lessee holds the legal right to de-
                                                (i) IN GENERAL.—Any amounts deposited in               ‘‘(ii) to provide for the coproduction of geo-       velop geothermal resources; and
                                             the Fund shall earn interest in an amount               thermal energy with oil and gas.’’.                      ‘‘(II) those geothermal resources extend
                                             determined by the Secretary of the Treasury               (k) NONCOMPETITIVE LEASING OF ADJOINING              into the adjoining areas.
                                             on the basis of the current average market              AREAS FOR DEVELOPMENT OF GEOTHERMAL                      ‘‘(C) REGULATIONS FOR DETERMINING FAIR
                                             yield on outstanding marketable obligations             RESOURCES.—Section 4(c) of the Geothermal              MARKET VALUE.—The Secretary shall promul-
                                             of the United States of comparable matu-                Steam Act of 1970 (30 U.S.C. 1003(c)) (as              gate regulations establishing a procedure to
                                             rities.                                                 amended by subsection (j)) is amended by               determine fair market value per acre under
                                                (ii) USE.—Any interest earned under clause           adding at the end the following:                       subparagraph (A)(i)(I) for purposes of this
                                             (i) may be expended in accordance with this               ‘‘(4) ADJOINING LAND.—                               paragraph.
                                             paragraph.                                                ‘‘(A) DEFINITIONS.—In this paragraph:                  ‘‘(D) ADMINISTRATION.—
                                                (E) REPORT TO CONGRESS.—At the end of                  ‘‘(i) FAIR MARKET VALUE PER ACRE.—The                  ‘‘(i) IN GENERAL.—The Secretary shall—
                                             each fiscal year, the Secretary shall submit            term ‘fair market value per acre’ means a                ‘‘(I) publish a notice of any request to lease
                                             to the Committee on Energy and Natural Re-              dollar amount per acre that—                           land under this paragraph;
                                             sources of the Senate and the Committee on                ‘‘(I) subject to subclause (II), is equal to           ‘‘(II) provide to a qualified lessee and pub-
                                             Natural Resources of the House of Rep-                  the market value per acre, as determined by            lish, with an opportunity for public comment
                                             resentatives a report identifying—                      the Secretary—                                         for a period of 30 days, any proposed deter-
                                                (i) the amounts described in paragraph (1)             ‘‘(aa) under regulations promulgated under           mination under this paragraph of the fair
                                             that were collected during that fiscal year,            this paragraph;                                        market value per acre of an area that the
                                             organized by source;                                      ‘‘(bb) taking into account the data de-              qualified lessee seeks to lease under this
                                                (ii) the amount and purpose of payments              scribed in subparagraph (B)(iii) regarding a           paragraph; and
                                             made to each Federal, State, local, and Trib-           valid discovery under subclause (I) of that              ‘‘(III) provide to the qualified lessee and
                                             al agency under subparagraph (B) during                 subparagraph; and                                      any adversely affected party the opportunity
                                             that fiscal year; and                                     ‘‘(cc) not later than 180 days after the date        to appeal the final determination of the fair
                                                (iii) the amount remaining in the Fund at            on which the Secretary receives an applica-            market value per acre of the area in an ad-
                                             the end of the fiscal year.                             tion for a lease under this paragraph; and             ministrative proceeding before the applica-
                                                (F) INTENT OF CONGRESS.—It is the intent of            ‘‘(II) shall be not less than the greater of—        ble Federal land management agency, in ac-
                                             Congress that the revenues deposited and                  ‘‘(aa) 4 times the median amount paid per            cordance with applicable law (including reg-
                                             used in the Fund shall supplement (and not              acre for all land leased under this Act during         ulations).
                                             supplant) annual appropriations for activi-             the preceding year; or                                   ‘‘(ii) LIMITATION ON NOMINATION.—After




dlhill on DSKBBY8HB2PROD with SENATE
                                             ties described in clauses (i) and (ii) of sub-            ‘‘(bb) $50.                                          publication of a notice of request to lease
                                             paragraph (B).                                            ‘‘(ii) INDUSTRY STANDARDS.—The term ‘in-             land under this paragraph, the Secretary
                                                (i) PROMOTING AND ENHANCING DEVELOP-                 dustry standards’ means the standards by               may not accept any nomination to lease that
                                             MENT OF GEOTHERMAL ENERGY.—                             which a qualified geothermal professional as-          land under subsection (a) unless the request
                                                (1) IN GENERAL.—Section 234(a) of the En-            sesses whether downhole or flowing tempera-            has been denied or withdrawn.
                                             ergy Policy Act of 2005 (42 U.S.C. 15873(a)) is         ture measurements with indications of per-               ‘‘(iii) ANNUAL RENTAL.—For purposes of
                                             amended by striking ‘‘in the first 5 fiscal             meability are sufficient to produce energy             section 5(a)(3), a lease awarded under this




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00038   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.038   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1311
                                             paragraph shall be considered a lease award-               (2) in subsection (b), in the matter pre-           by her to the bill S. 2657, to support in-
                                             ed in a competitive lease sale.                         ceding paragraph (1), by inserting ‘‘or other          novation in advanced geothermal re-
                                               ‘‘(E) REGULATIONS.—Not later than 270                 vehicle’’ after ‘‘ultra efficient vehicle’’; and       search and development, and for other
                                             days after the date of enactment of the                    (3) in subsection (h)(1)(B), by striking
                                                                                                                                                            purposes; which was ordered to lie on
                                             American Energy Innovation Act of 2020, the             ‘‘automobiles, or components of auto-
                                             Secretary shall issue regulations to carry              mobiles’’ and inserting ‘‘automobiles or               the table; as follows:
                                             out this paragraph.’’.                                  other vehicles, or components of auto-                   At the appropriate place, insert the fol-
                                               (l) SAVINGS CLAUSE.—Notwithstanding any               mobiles or other vehicles’’.                           lowing:
                                             other provision of this section, the Secretary                                                                 SEC. ll. STUDY ON THE IMPLEMENTATION OF
                                             shall continue to manage public land under                SA 1357. Mrs. FEINSTEIN submitted                               MICROGRIDS IN WILDFIRE RISK
                                             the principles of multiple use and sustained                                                                              AREAS.
                                                                                                     an amendment intended to be proposed                     Not later than 180 days after the date of
                                             yield in accordance with title I of the Fed-            by her to the bill S. 2657, to support in-
                                             eral Land Policy and Management Act of                                                                         enactment of this Act, the Secretary shall—
                                             1976 (43 U.S.C. 1701 et seq.), including due            novation in advanced geothermal re-                      (1) conduct a study relating to the imple-
                                             consideration of mineral and nonrenewable               search and development, and for other                  mentation of microgrids in wildfire risk
                                             energy-related projects and other nonrenew-             purposes; which was ordered to lie on                  areas, including assessments of—
                                             able energy uses, for the purposes of land use          the table; as follows:                                   (A) the means by which utilities can better
                                             planning, permit processing, and conducting               At the appropriate place, insert the fol-            plan for that implementation;
                                             environmental reviews.                                  lowing:                                                  (B) any permitting changes at the local,
                                                                                                                                                            State, or Federal level that are necessary for
                                                                                                     SEC. lll. REPORT ON WIRELESS PHONE SERV-
                                               SA 1356. Mrs. FEINSTEIN submitted                                ICE RESILIENCE.
                                                                                                                                                            that implementation; and
                                             an amendment intended to be proposed                                                                             (C) any other barriers to that implementa-
                                                                                                       (a) IN GENERAL.—The Federal Communica-
                                             by her to the bill S. 2657, to support in-                                                                     tion; and
                                                                                                     tions Commission shall study, and publish a
                                             novation in advanced geothermal re-                                                                              (2) make publicly available the results of
                                                                                                     report on, actions the Federal Government,
                                                                                                                                                            the study conducted under paragraph (1).
                                             search and development, and for other                   telecommunications providers, and State
                                             purposes; which was ordered to lie on                   emergency officials should take to improve               SA 1360. Mrs. FEINSTEIN submitted
                                             the table; as follows:                                  the resilience of wireless phone service dur-
                                                                                                                                                            an amendment intended to be proposed
                                               At the appropriate place in subtitle G of             ing natural disasters, including wildfires.
                                                                                                       (b) CONTENTS.—In the report published                by her to the bill S. 2657, to support in-
                                             title I, insert the following:                                                                                 novation in advanced geothermal re-
                                             SEC. 17ll. ADVANCED TECHNOLOGY VEHICLES                 under subsection (a), the Federal Commu-
                                                        MANUFACTURING INCENTIVE PRO-                 nications Commission shall—                            search and development, and for other
                                                        GRAM.                                          (1) specify the type of pre-planned coordi-          purposes; which was ordered to lie on
                                               Section 136 of the Energy Independence                nation agreements between telecommuni-                 the table; as follows:
                                             and Security Act of 2007 (42 U.S.C. 17013) is           cations providers, such as roaming and                   At the end of subtitle E of title I, insert
                                             amended—                                                peering agreements and mutual aid arrange-             the following:
                                               (1) in subsection (a)—                                ments, that should take effect during nat-             SEC. 15ll. INTERIM STORAGE PILOT PROGRAM.
                                               (A) in paragraph (1)—                                 ural disasters; and                                      (a) DEFINITIONS.—In this section:
                                               (i) by redesignating subparagraphs (A)                  (2) assess the feasibility of expanding the            (1) AFFECTED INDIAN TRIBE.—The term ‘‘af-
                                             through (C) as clauses (i) through (iii), re-           one-call notification system programs under            fected Indian tribe’’ has the meaning given
                                             spectively, and indenting appropriately;                chapter 61 and section 60114 of title 49,              the term in section 2 of the Nuclear Waste
                                               (ii) by striking the paragraph designation            United States Code, to cover wireless phone            Policy Act of 1982 (42 U.S.C. 10101).
                                             and heading and all that follows through                service.                                                 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The
                                             ‘‘meets—’’ and inserting the following:                                                                        term ‘‘high-level radioactive waste’’ has the
                                               ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The                  SA 1358. Mrs. FEINSTEIN submitted                    meaning given the term in section 2 of the
                                             term ‘advanced technology vehicle’ means—               an amendment intended to be proposed                   Nuclear Waste Policy Act of 1982 (42 U.S.C.
                                               ‘‘(A) an ultra efficient vehicle;                     by her to the bill S. 2657, to support in-             10101).
                                               ‘‘(B) a light duty vehicle that meets—’’;             novation in advanced geothermal re-                      (3) NUCLEAR WASTE FUND.—The term ‘‘Nu-
                                               (iii) in subparagraph (B)(iii) (as so redesig-        search and development, and for other                  clear Waste Fund’’ means the Nuclear Waste
                                             nated), by striking the period at the end and                                                                  Fund established under section 302(c) of the
                                                                                                     purposes; which was ordered to lie on
                                             inserting ‘‘; or’’; and                                                                                        Nuclear Waste Policy Act of 1982 (42 U.S.C.
                                               (iv) by adding at the end the following:              the table; as follows:
                                                                                                                                                            10222(c)).
                                               ‘‘(C) a medium-duty or heavy-duty vehicle               At the appropriate place in title I, insert            (4) PILOT PROGRAM.—The term ‘‘pilot pro-
                                             that—                                                   the following:                                         gram’’ means the pilot program carried out
                                               ‘‘(i)(I) is subject to regulations established        SEC. lll. REPORT ON ENERGY USAGE OF NET-               under subsection (b).
                                             by the Secretary of Transportation under                           WORK-ENABLED APPLIANCES AND                   (5) SPENT NUCLEAR FUEL.—The term ‘‘spent
                                             parts 523, 534, and 535 of title 49, Code of Fed-                  DEVICES.
                                                                                                                                                            nuclear fuel’’ has the meaning given the
                                             eral Regulations (or successor regulations);              (a) DEFINITIONS.—In this section:                    term in section 2 of the Nuclear Waste Pol-
                                             or                                                        (1)   NETWORK-ENABLED      APPLIANCE.—The            icy Act of 1982 (42 U.S.C. 10101).
                                               ‘‘(II) is included in a vehicle type or class         term ‘‘network-enabled appliance’’ means                 (b) PILOT PROGRAM.—Notwithstanding any
                                             that offers opportunities to substantially re-          any product described in paragraphs (1)                provision of the Nuclear Waste Policy Act of
                                             duce consumption of conventional motor                  through (20) of section 322(a) of the Energy           1982 (42 U.S.C. 10101 et seq.), the Secretary
                                             fuel, as determined by the Secretary by rule;           Policy and Conservation Act (42 U.S.C.                 shall carry out a pilot program to license,
                                             and                                                     6292(a)) capable of interacting and commu-             construct, and operate 1 or more Federal
                                               ‘‘(ii) reduces consumption of conventional            nicating with other electronic devices by              consolidated storage facilities to provide in-
                                             motor fuel by 10 percent or greater as com-             using wireless internet or other wireless pro-         terim storage, as needed, for spent nuclear
                                             pared to model year 2010 medium- and heavy-             tocols, interactively or autonomously.                 fuel and high-level radioactive waste located
                                             duty vehicles of a similar vehicle type or                 (2) NETWORK-ENABLED DEVICE.—The term                on sites without an operating nuclear reac-
                                             class, unless the Secretary determines by               ‘‘network-enabled device’’ means an elec-              tor.
                                             rule that—                                              tronic device capable of computation and                 (c) REQUESTS FOR PROPOSALS.—Not later
                                               ‘‘(I) the percentage is not achievable for a          communication with other electronic devices            than 120 days after the date of enactment of
                                             specific vehicle type or class; and                     by using wireless internet or other wireless           this Act, the Secretary shall issue a request
                                               ‘‘(II) an alternative percentage for that ve-         protocols, such as an electronic tablet, smart         for proposals for cooperative agreements—
                                             hicle type or class will result in substantial          speaker, and smart thermostat.                           (1) to obtain any license necessary from
                                             reductions in motor fuel consumption within                (b) REPORT.—Not later than 180 days after           the Nuclear Regulatory Commission for the
                                             the United States.’’; and                               the date of enactment of this Act, the Sec-            construction of 1 or more consolidated stor-
                                               (B) by striking paragraph (4) and inserting           retary shall submit to Congress a report that          age facilities;
                                             the following:                                          describes—                                               (2) to demonstrate the safe transportation
                                               ‘‘(4) QUALIFYING COMPONENTS.—The term                    (1) the energy usage of network-enabled ap-         of spent nuclear fuel and high-level radio-
                                             ‘qualifying components’ means components,               pliances and network-enabled devices during            active waste, as applicable; and
                                             systems, or groups of subsystems that the               standby and active modes; and                            (3) to demonstrate the safe storage of spent




dlhill on DSKBBY8HB2PROD with SENATE
                                             Secretary determines—                                      (2) recommendations for updating appli-             nuclear fuel and high-level radioactive
                                               ‘‘(A) to be designed to improve fuel econ-            ance efficiency standards to ensure max-               waste, as applicable, at the 1 or more con-
                                             omy or otherwise substantially reduce con-              imum energy efficiency of network-enabled              solidated storage facilities, pending the con-
                                             sumption of conventional motor fuel; or                 appliances and network-enabled devices.                struction and operation of deep geologic dis-
                                               ‘‘(B) to contribute measurably to the over-                                                                  posal capacity for the permanent disposal of
                                             all improved fuel use of an advanced tech-                SA 1359. Mrs. FEINSTEIN submitted                    the spent nuclear fuel or high-level radio-
                                             nology vehicle.’’;                                      an amendment intended to be proposed                   active waste.




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00039   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.038   S03MRPT1
                                             S1312                                             CONGRESSIONAL RECORD — SENATE                                                             March 3, 2020
                                                (d) CONSENT-BASED APPROVAL.—Prior to                 tion in advanced geothermal research                    SEC. 4005. ADJUSTMENT.
                                             siting a consolidated storage facility pursu-           and development, and for other pur-                       Section 17 of the Mineral Leasing Act (30
                                             ant to this section, the Secretary shall enter          poses; which was ordered to lie on the                  U.S.C. 226) (as amended by section 4004) is
                                             into an agreement to host the facility with—                                                                    amended by adding at the end the following:
                                                                                                     table; as follows:
                                                (1) the Governor of the State;                                                                                 ‘‘(r) ADJUSTMENT TO CERTAIN FEES.—The
                                                (2) each unit of local government within                  At the end, add the following:
                                                                                                                                                             Secretary shall—
                                             the jurisdiction of which the facility is pro-                    TITLE IV—MINERAL LEASING                        ‘‘(1) not later than 4 years after the date of
                                             posed to be located; and                                SEC. 4001. INCREASED ONSHORE OIL AND GAS                enactment of the American Energy Innova-
                                                (3) each affected Indian tribe.                                  ROYALTY RATES.                              tion Act of 2020, and at least once every 4
                                                (e) APPLICABILITY.—In carrying out this                Section 17 of the Mineral Leasing Act (30             years thereafter, promulgate regulations ad-
                                             section, the Secretary shall comply with—               U.S.C. 226) is amended—                                 justing each of the per-acre dollar amounts
                                                (1) all licensing requirements and regula-             (1) by striking ‘‘12.5’’ each place it appears        of fees imposed under subsections (b), (d),
                                             tions of the Nuclear Regulatory Commission;             and inserting ‘‘18.75’’; and                            and (q) and subsections (e) and (f) of section
                                             and                                                       (2) by striking ‘‘121⁄2 per centum’’ each             31 to reflect the change in the Consumer
                                                (2) all other applicable laws (including reg-        place it appears and inserting ‘‘18.75 per-             Price Index for All Urban Consumers pub-
                                             ulations).                                              cent’’.                                                 lished by the Bureau of Labor Statistics; and
                                                (f) PILOT PROGRAM PLAN.—Not later than               SEC. 4002. INCREASED MINIMUM BID AMOUNT.                  ‘‘(2) as the Secretary determines to be nec-
                                             120 days after the date on which the Sec-                 Section 17(b) of the Mineral Leasing Act              essary to enhance financial returns to the
                                             retary issues the request for proposals under           (30 U.S.C. 226(b)) is amended—                          United States or to promote more efficient
                                             subsection (c), the Secretary shall submit to             (1) in paragraph (1)(B)—                              management of oil and gas resources on Fed-
                                             Congress a plan to carry out this section                 (A) by striking the subparagraph designa-             eral land, promulgate regulations adjusting
                                             that includes—                                          tion and all that follows through the period            any of the applicable per-acre dollar
                                                (1) an estimate of the cost of licensing,            at the end of the first sentence and inserting          amounts of fees imposed under subsection
                                             constructing, and operating a consolidated              the following:                                          (b), (d), or (q) or subsection (e) or (f) of sec-
                                             storage facility, including the transportation            ‘‘(B) NATIONAL MINIMUM ACCEPTABLE BID.—               tion 31, as applicable.’’.
                                             costs, on an annual basis, over the expected              ‘‘(i) IN GENERAL.—Except as provided in               SEC. 4006. REINSTATEMENT OF COMPETITIVE
                                             lifetime of the facility;                               clauses (ii) and (v), the national minimum                         LEASES.
                                                (2) a schedule for—                                  acceptable bid shall be $10 per acre.’’;
                                                (A) obtaining any license necessary to con-                                                                    Section 31 of the Mineral Leasing Act (30
                                                                                                       (B) in the second sentence—
                                             struct and operate a consolidated storage fa-                                                                   U.S.C. 188) is amended—
                                                                                                       (i) by striking ‘‘Thereafter, the Secretary’’
                                             cility from the Nuclear Regulatory Commis-                                                                        (1) in subsection (e)—
                                                                                                     and inserting the following:
                                             sion;                                                                                                             (A) by striking paragraph (2) and inserting
                                                                                                       ‘‘(ii) ADJUSTMENT.—The Secretary’’; and
                                                (B) constructing the facility;                                                                               the following:
                                                                                                       (ii) by striking ‘‘is necessary: (i) to en-
                                                (C) transporting spent nuclear fuel to the                                                                     ‘‘(2) payment of back rentals and the inclu-
                                                                                                     hance’’ and inserting the following: ‘‘is nec-
                                             facility; and                                                                                                   sion in a reinstated lease of a requirement
                                                                                                     essary—
                                                (D) removing the spent nuclear fuel and de-                                                                  for future rentals at a rate of not less than
                                                                                                       ‘‘(I) to enhance’’; and
                                             commissioning the facility;                                                                                     $20 per acre per year;’’;
                                                                                                       (iii) by striking ‘‘(ii) to promote’’ and in-
                                                (3) an estimate of the cost of any financial                                                                   (B) in paragraph (3)—
                                                                                                     serting the following:
                                             assistance, compensation, or incentives pro-                                                                      (i) in subparagraph (A)—
                                                                                                       ‘‘(II) to promote’’;
                                             posed to be paid to the host State, Indian                                                                        (I) by striking the subparagraph designa-
                                                                                                       (C) in the third sentence, by striking
                                             tribe, or local government;                                                                                     tion;
                                                                                                     ‘‘Ninety days’’ and inserting the following:
                                                (4) an estimate of any future reductions in                                                                    (II) by striking ‘‘issued pursuant to the
                                                                                                       ‘‘(iii) NOTIFICATION.—90 days’’;
                                             the damages expected to be paid by the                                                                          provisions of section 17(b) of this Act’’;
                                                                                                       (D) in the fourth sentence, by striking
                                             United States for the delay of the Depart-                                                                        (III) by striking ‘‘162⁄3’’ and inserting ‘‘25’’;
                                                                                                     ‘‘The proposal’’ and inserting the following:
                                             ment in accepting spent nuclear fuel ex-                                                                        and
                                                                                                       ‘‘(iv) NEPA.—The proposal’’; and
                                             pected to result from the pilot program;                                                                          (IV) by inserting ‘‘and’’ after the semi-
                                                                                                       (E) by adding at the end the following:
                                                (5) recommendations for any additional                                                                       colon; and
                                                                                                       ‘‘(v) EXCEPTION.—To ensure a return of fair
                                             legislation needed to authorize and imple-                                                                        (ii) by striking subparagraph (B); and
                                                                                                     market value, as determined by the Sec-
                                             ment the pilot program; and                                                                                       (C) in the second sentence of the undesig-
                                                                                                     retary, the Secretary may establish in a no-
                                                (6) recommendations for a mechanism to                                                                       nated matter following paragraph (4), by
                                                                                                     tice of competitive lease sale a minimum ac-
                                             ensure that any spent nuclear fuel or high-                                                                     striking ‘‘, but not to exceed $500’’; and
                                                                                                     ceptable bid applicable to the lease sale or 1
                                             level radioactive waste stored at a consoli-                                                                      (2) in subsection (f)—
                                                                                                     or more parcels within the lease sale that is
                                             dated storage facility pursuant to this sec-                                                                      (A) in paragraph (3), by striking ‘‘$5’’ and
                                                                                                     higher than the national minimum bid under
                                             tion shall move to deep geologic disposal ca-                                                                   inserting ‘‘$10’’; and
                                                                                                     clause (i).’’; and
                                             pacity, following a consent-based approval                                                                        (B) in paragraph (4), by striking ‘‘121⁄2’’ and
                                                                                                       (2) in subsection (b)(2)(C), by striking ‘‘$2
                                             process for that deep geologic disposal capac-                                                                  inserting ‘‘25’’.
                                                                                                     per acre’’ and inserting ‘‘$10 per acre’’.
                                             ity consistent with subsection (d), within a            SEC. 4003. INCREASED ONSHORE OIL AND GAS                SEC. 4007. FISCAL REFORM STUDY AND REPORT.
                                             reasonable time after the issuance of a li-                         RENTAL RATES.                                 (a) IN GENERAL.—The Comptroller General
                                             cense to construct and operate the consoli-                Section 17(d) of the Mineral Leasing Act             of the United States shall offer to enter into
                                             dated storage facility.                                 (30 U.S.C. 226(d)) is amended, in the first sen-        an arrangement with the National Academy
                                                (g) PUBLIC PARTICIPATION.—Prior to choos-            tence—                                                  of Sciences under which the National Acad-
                                             ing a site for the construction of a consoli-              (1) by striking ‘‘$1.50 per acre’’ and insert-       emy of Sciences, in cooperation with the
                                             dated storage facility under this section, the          ing ‘‘$3 per acre’’; and                                Comptroller General of the United States,
                                             Secretary shall conduct 1 or more public                   (2) by striking ‘‘$2 per acre’’ and inserting        shall conduct a study evaluating the effi-
                                             hearings in the vicinity of each potential              ‘‘$5 per acre’’.                                        ciency and effectiveness of the implementa-
                                             site and in at least 1 other location within            SEC. 4004. FEE FOR EXPRESSION OF INTEREST.              tion of this title and the amendments made
                                             the State in which the site is located to so-             Section 17 of the Mineral Leasing Act (30             by this title.
                                             licit public comments and recommendations.              U.S.C. 226) is amended by adding at the end               (b) CONSIDERATIONS.—The study conducted
                                                (h) USE OF NUCLEAR WASTE FUND.—The                   the following:                                          under subsection (a) shall include consider-
                                             Secretary may make expenditures from the                  ‘‘(q) FEE FOR EXPRESSION OF INTEREST.—                ation of—
                                             Nuclear Waste Fund to carry out this sec-                 ‘‘(1) IN GENERAL.—The Secretary shall                   (1) the systems of the Department of the
                                             tion, subject to appropriations.                        charge any person who submits, in accord-               Interior for collecting and auditing pay-
                                                                                                     ance with procedures established by the Sec-            ments under this title and the amendments
                                               SA 1361. Mrs. FEINSTEIN submitted                     retary to carry out this subsection, an ex-             made by this title;
                                             an amendment intended to be proposed                    pression of interest in leasing land available            (2) the performance of the stewardship of
                                             by her to the bill S. 2657, to support in-              for disposition under this section for explo-           the Department of the Interior and the dis-
                                             novation in advanced geothermal re-                     ration for, and development of, oil or gas a            position of receipts by the Department of the
                                             search and development, and for other                   fee, in an amount determined by the Sec-                Interior in carrying this title and the amend-
                                             purposes; which was ordered to lie on                   retary under paragraph (2).                             ments made by this title; and
                                             the table; as follows:                                    ‘‘(2) AMOUNT.—The fee authorized under                  (3) the performance of the valuation ap-




dlhill on DSKBBY8HB2PROD with SENATE
                                                                                                     paragraph (1) shall be established by the Sec-          proach carried out under this title and the
                                               Strike section 1031.                                  retary in an amount that is determined by               amendments made by this title, including a
                                                                                                     the Secretary to be appropriate to cover the            review of whether other approaches could
                                               SA 1362. Mr. UDALL (for himself and                   aggregate cost of processing an expression of           more fully capture foregone revenue of leas-
                                             Mr. GRASSLEY) submitted an amend-                       interest under this subsection, but not less            ing in low-market conditions in light of
                                             ment intended to be proposed by him                     than $15 per acre of the area covered by the            other possible economic uses at different
                                             to the bill S. 2657, to support innova-                 applicable expression of interest.’’.                   points in the future.




                                       VerDate Sep 11 2014   04:01 Mar 04, 2020   Jkt 099060   PO 00000    Frm 00040   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.039   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1313
                                               (c) REPORT.—If the Comptroller General of             effects of climate change and practice re-               (d) INTEREST.—Clean Energy Victory Bonds
                                             the United States enters into an arrange-               sponsible consumer behavior.                           shall bear interest at the rate the Secretary
                                             ment with the National Academy of Sciences                (5) The Office of Energy Efficiency and Re-          sets for Savings Bonds of Series EE and Se-
                                             under subsection (a), not earlier than 3, but           newable Energy of the Department of Energy             ries I, plus a rate of return determined by
                                             not later than 5, years after the date of en-           (referred to in this section as the ‘‘EERE’’)          the Secretary which is based on the valu-
                                             actment of this Act, the Comptroller General            estimates that taxpayer investment of                  ation of—
                                             shall submit to Congress a report that de-              $12,000,000,000 into the EERE research and de-           (1) savings achieved through reduced en-
                                             scribes the results of the study conducted              velopment portfolio has already yielded an             ergy spending by the Federal Government re-
                                             under that subsection.                                  estimated net economic benefit to the                  sulting from clean energy projects funded
                                                                                                     United States of more than $230,000,000,000,           from the proceeds of such bonds; and
                                               SA 1363. Mr. UDALL submitted an                       with an overall annual return on investment              (2) interest collected on loans financed or
                                             amendment intended to be proposed by                    of more than 20 percent.                               guaranteed from the proceeds of such bonds.
                                                                                                       (6) Investments in renewable energy and                (e) FULL FAITH AND CREDIT.—Payment of
                                             him to the bill S. 2657, to support inno-                                                                      interest and principal with respect to any
                                                                                                     energy efficiency projects in the United
                                             vation in advanced geothermal re-                                                                              Clean Energy Victory Bond issued under this
                                                                                                     States create green jobs throughout the Na-
                                             search and development, and for other                   tion. New and innovative jobs could be cre-            section shall be made from the general fund
                                             purposes; which was ordered to lie on                   ated through expanded government support               of the Treasury of the United States and
                                             the table; as follows:                                  for clean energy and energy efficiency.                shall be backed by the full faith and credit of
                                               On page 383, line 8, insert ‘‘the Adminis-              (7) As Americans choose energy efficiency            the United States.
                                                                                                     and clean energy and transportation, it re-              (f) PROMOTION.—
                                             trator of the Environmental Protection
                                                                                                     duces our dependence on foreign oil and im-              (1) IN GENERAL.—The Secretary shall take
                                             Agency, the Secretary of State,’’ before ‘‘the
                                                                                                     proves our energy security.                            such actions, independently and in conjunc-
                                             Secretary’’.
                                                                                                       (8) Bonds are a low-cost method for encour-          tion with financial institutions offering
                                               On page 383, line 12, strike ‘‘national and’’
                                                                                                     aging clean energy, as they do not require di-         Clean Energy Victory Bonds, to promote the
                                             and insert ‘‘environmental, public health,
                                                                                                     rect budget allocations or expenditures. The           purchase of Clean Energy Victory Bonds, in-
                                             climate, national, and’’.
                                               On page 383, line 25, strike ‘‘and’’.                 projects supported through Clean Energy                cluding campaigns describing the financial
                                               On page 384, line 23, strike the period and           Victory Bonds will create jobs and business            and social benefits of purchasing Clean En-
                                             insert ‘‘; and’’.                                       revenues that will increase Federal tax reve-          ergy Victory Bonds.
                                               On page 384, between lines 23 and 24, insert          nues, while simultaneously reducing nation-              (2) PROMOTIONAL ACTIVITIES.—For purposes
                                             the following:                                          wide health and environmental costs in-                of paragraph (1), promotional activities may
                                               (C) an analysis of the environmental, eco-            curred by the Federal Government.                      include advertisements, pamphlets, or other
                                             nomic, and public health risks with respect               (9) Bonds are voluntary measures that                promotional materials—
                                             to the proposed infrastructure, including an                                                                     (A) in periodicals;
                                                                                                     allow Americans to contribute financially in
                                             analysis of—                                                                                                     (B) on billboards and other outdoor venues;
                                                                                                     whatever amount is available to them.
                                                                                                                                                              (C) on television;
                                               (i) the climate impacts of the proposed in-             (10) During World War II, over 80 percent of
                                                                                                                                                              (D) on radio;
                                             frastructure during each of the 20- and 50-             American households purchased Victory
                                                                                                                                                              (E) on the internet;
                                             year periods beginning on the date on which             Bonds to support the war effort, raising over
                                                                                                                                                              (F) within financial institutions; or
                                             the proposed infrastructure is constructed;             $185,000,000,000, or over $2,000,000,000,000 in to-
                                                                                                                                                              (G) any other venues or outlets the Sec-
                                               (ii) the environmental and public health              day’s dollars.
                                                                                                                                                            retary may identify.
                                             impacts (including any cumulative impacts)              SEC. 4003. DEFINITIONS.
                                                                                                                                                            SEC.   4005.
                                                                                                                                                                       CLEAN ENERGY VICTORY BONDS
                                             of the proposed infrastructure on commu-                   For purposes of this title:                                    TRUST FUND.
                                             nities in the vicinity of the proposed infra-              (1) CLEAN ENERGY PROJECT.—The term                    (a) IN GENERAL.—Subchapter A of chapter
                                             structure;                                              ‘‘clean energy project’’ means a technology            98 of the Internal Revenue Code of 1986 is
                                               (iii) the impacts of the proposed infrastruc-         that provides—                                         amended by adding at the end the following
                                             ture on contributions to ocean plastic waste;              (A) performance-based energy efficiency             new section:
                                               (iv) any economic risks associated with the           improvements; or                                       ‘‘SEC. 9512. CLEAN ENERGY VICTORY BONDS
                                             proposed infrastructure if global tempera-                 (B) clean energy improvements, includ-                           TRUST FUND.
                                             ture increases were to be limited to 1.5 de-            ing—                                                      ‘‘(a) CREATION OF TRUST FUND.—There is
                                             gree Celsius; and                                          (i) electricity generated from solar, wind,         established in the Treasury of the United
                                               (v) which geographical areas would be                 geothermal, small-scale hydropower, and                States a trust fund to be known as the ‘Clean
                                             using the products produced from the pro-               hydrokinetic energy sources;                           Energy Victory Bonds Trust Fund’, con-
                                             posed infrastructure.                                      (ii) fuel cells using non-fossil fuel sources;      sisting of such amounts as may be appor-
                                                                                                        (iii) advanced storage technologies;                tioned or credited to such Trust Fund as pro-
                                               SA 1364. Mr. UDALL submitted an                          (iv) next generation biofuels from sustain-         vided in this section or section 9602(b).
                                             amendment intended to be proposed by                    able non-food feedstocks; and                            ‘‘(b) TRANSFERS TO TRUST FUND.—There
                                             him to the bill S. 2657, to support inno-                  (v) electric vehicle infrastructure.                are hereby appropriated to the Trust Fund—
                                             vation in advanced geothermal re-                          (2) SECRETARY.—The term ‘‘Secretary’’                 ‘‘(1) amounts equivalent to revenue from
                                                                                                     means the Secretary of the Treasury or the             the issuance of Clean Energy Victory Bonds
                                             search and development, and for other                                                                          under section 4 of the Clean Energy Victory
                                                                                                     Secretary’s delegate.
                                             purposes; which was ordered to lie on                                                                          Bond Act of 2020, and
                                                                                                     SEC. 4004. CLEAN ENERGY VICTORY BONDS.
                                             the table; as follows:                                    (a) IN GENERAL.—Not later than 6 months                ‘‘(2) any gifts or bequests made to the
                                               At the end, add the following:                        after the date of the enactment of this Act,           Trust Fund which are accepted by the Sec-
                                                  TITLE IV—AMENDMENTS TO THE                         the Secretary, in consultation with the Sec-           retary for the benefit of such Fund or any
                                                 INTERNAL REVENUE CODE OF 1986                       retary of Energy and the Secretary of De-              activity financed through such Fund.
                                                                                                     fense, shall issue bonds to be known as                  ‘‘(c) EXPENDITURES FROM TRUST FUND.—
                                             SEC. 4001. SHORT TITLE.
                                                                                                     ‘‘Clean Energy Victory Bonds’’, the proceeds           Amounts in the Trust Fund shall be avail-
                                               This title may be cited as the ‘‘Clean En-                                                                   able, without further appropriation, to fi-
                                             ergy Victory Bond Act of 2020’’.                        from which shall be used to carry out the
                                                                                                     purposes described in subsection (c) of sec-           nance clean energy projects (as defined in
                                             SEC. 4002. FINDINGS.                                                                                           section 3 of the Clean Energy Victory Bond
                                                                                                     tion 9512 of the Internal Revenue Code of 1986
                                               Congress finds the following:                         (as added by section 4005).                            Act of 2020) at the Federal, State, and local
                                               (1) Potential exists for increasing clean               (b) SAVINGS BOND.—Any Clean Energy Vic-              level, which may include—
                                             and renewable energy production and energy              tory Bond issued under this section shall be             ‘‘(1) providing additional support to exist-
                                             efficiency installation in the United States.           issued by the Secretary—                               ing Federal financing programs available to
                                               (2) Other nations, including China and Ger-             (1) as a savings bond of series EE, or as ad-        States for energy efficiency upgrades and
                                             many, are ahead of the United States in                 ministered by the Bureau of the Fiscal Serv-           clean energy deployment,
                                             manufacturing and deploying various clean               ice of the Department of the Treasury, in a              ‘‘(2) providing funding for clean energy in-
                                             energy technologies, even though many of                manner consistent with the provisions of               vestments by all Federal agencies,
                                             these technologies were invented in the                 section 3105 of title 31, United States Code;            ‘‘(3) providing funding for electric grid en-
                                             United States.                                          and                                                    hancements and connections that enable
                                               (3) Climate change represents an existen-               (2) in denominations of $25 and such other           clean energy deployment,
                                             tial threat to the safety, security, and econ-          amounts as are determined appropriate by                 ‘‘(4) providing funding to renovate existing




dlhill on DSKBBY8HB2PROD with SENATE
                                             omy of the United States. Rapid and robust              the Secretary, and shall mature within such            inefficient buildings or building new energy
                                             deployment of clean energy will reduce                  periods as determined by the Secretary.                efficient buildings,
                                             greenhouse gas emissions and mitigate the                 (c) AMOUNT OF CLEAN ENERGY VICTORY                     ‘‘(5) providing tax incentives and tax cred-
                                             effects of climate change on American soci-             BONDS.—The aggregate face amount of the                its for clean energy technologies,
                                             ety.                                                    Clean Energy Victory Bonds issued annually               ‘‘(6) providing funding for new innovation
                                               (4) Many segments of the American public              under this section shall be not greater than           research, including ARPA–E, public competi-
                                             want to take charge of efforts to combat the            $50,000,000,000.                                       tions similar to those designed by the X




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00041   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.040   S03MRPT1
                                             S1314                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             Prize Foundation, grants provided through                 (i) the legal and beneficial title to which            (c) HARDROCK MINERALS RECLAMATION
                                             the Office of Energy Efficiency and Renew-              remains in the United States; and                      FUND.—
                                             able Energy of the Department of Energy, or               (ii) that is not subject to disposition                (1) ESTABLISHMENT.—There is established
                                             other mechanisms to fund revolutionary                  under—                                                 in the Treasury of the United States a sepa-
                                             clean energy technology,                                  (I) the Mineral Leasing Act (30 U.S.C. 181           rate account, to be known as the ‘‘Hardrock
                                               ‘‘(7) providing additional support to exist-          et seq.);                                              Minerals Reclamation Fund’’, consisting of—
                                             ing Federal, State, and local grant programs              (II) the Geothermal Steam Act of 1970 (30              (A) any amounts collected under sub-
                                             that finance clean energy projects, and                 U.S.C. 1001 et seq.);                                  section (b);
                                               ‘‘(8) providing funding for zero-emission ve-           (III) the Act of July 31, 1947 (commonly               (B) any amounts collected under sub-
                                             hicle infrastructure and manufacturing.’’.              known as the ‘‘Materials Act of 1947’’) (30            section (d); and
                                               (b) CLERICAL AMENDMENT.—The table of                  U.S.C. 601 et seq.); or                                  (C) any income on investments under para-
                                             sections for subchapter A of chapter 98 of                (IV) the Act of August 7, 1947 (commonly             graph (2).
                                             such Code is amended by adding at the end               known as the ‘‘Mineral Leasing Act for Ac-               (2) INVESTMENT.—
                                             the following new item:                                 quired Lands’’) (30 U.S.C. 351 et seq.).                 (A) IN GENERAL.—The Secretary shall no-
                                               ‘‘Sec. 9512. Clean Energy Victory Bonds                 (B) EXCLUSIONS.—The term ‘‘locatable min-            tify the Secretary of the Treasury of any
                                                    Trust Fund.’’.                                   eral’’ does not include any mineral that is—           portion of the Fund that the Secretary de-
                                                                                                       (i) subject to a restriction against alien-          termines is not required to meet current
                                               SA 1365. Mr. UDALL submitted an                       ation imposed by the United States; and                withdrawals.
                                             amendment intended to be proposed by                      (ii) held in trust by the United States for,           (B) ELIGIBLE INVESTMENTS.—The Secretary
                                             him to the bill S. 2657, to support inno-               or owned by, any Indian tribe or member of             of the Treasury shall invest portions of the
                                             vation in advanced geothermal re-                       an Indian tribe, as defined in section 2 of the        Fund identified under subparagraph (A) in
                                                                                                     Indian Mineral Development Act of 1982 (25             public debt securities with maturities suit-
                                             search and development, and for other
                                                                                                     U.S.C. 2101).                                          able for the needs of the Fund.
                                             purposes; which was ordered to lie on                     (8) SECRETARY.—The term ‘‘Secretary’’                  (3) INTEREST.—Investments in public debt
                                             the table; as follows:                                  means the Secretary of the Interior.                   securities shall bear interest at rates deter-
                                               At the end of title II, add the following:              (b) ROYALTY.—                                        mined by the Secretary of the Treasury, tak-
                                                       Subtitle D—Miscellaneous                        (1) IN GENERAL.—Subject to paragraphs (3)            ing into consideration current market yields
                                             SEC. 24ll. CODIFICATION OF FINAL RULE RE-               and (4), production of all locatable minerals          on outstanding marketplace obligations of
                                                        LATING TO WASTE PREVENTION.                  from any mining claim located under the                the United States of comparable maturity.
                                               The final rule of the Bureau of Land Man-             general mining laws shall be subject to a                (4) ADMINISTRATION.—The Fund shall be ad-
                                             agement entitled ‘‘Waste Prevention, Pro-               royalty established by the Secretary by reg-           ministered by the Secretary, acting through
                                             duction Subject to Royalties, and Resource              ulation of not less than 5 percent, and not            the Director of the Office of Surface Mining
                                             Conservation’’ (81 Fed. Reg. 83008 (November            more than 8 percent, of the gross income               Reclamation and Enforcement.
                                             18, 2016)) shall have the force and effect of           from mining for production of all locatable              (5) EXPENDITURES.—Subject to paragraph
                                             law.                                                    minerals.                                              (7), amounts in the Fund may, without fiscal
                                                                                                       (2) ROYALTY RATE.—The regulation shall               year limitation and without further appro-
                                               SA 1366. Mr. UDALL (for himself, Mr.                  establish a reasonable royalty rate for each           priation—
                                             HEINRICH, Mr. BENNET, Ms. HARRIS, Mr.                   locatable mineral subject to a royalty under             (A) be expended by the Secretary for the
                                             MARKEY, and Ms. STABENOW) submitted                     this subsection that may vary based on the             purposes described in paragraph (7);
                                             an amendment intended to be proposed                    locatable mineral concerned.                             (B) be transferred by the Secretary to the
                                             by him to the bill S. 2657, to support in-                (3) NO ROYALTY FOR FEDERAL LAND SUBJECT              Director of the Bureau of Land Management,
                                                                                                     TO EXISTING PERMIT.—No royalty under para-             the Chief of the Forest Service, the Director
                                             novation in advanced geothermal re-                     graph (1) shall be required for production on          of the National Park Service, the Director of
                                             search and development, and for other                   Federal land that—                                     the United States Fish and Wildlife Service,
                                             purposes; which was ordered to lie on                     (A) is subject to an approved plan of oper-          or the head of any other Federal agency,
                                             the table; as follows:                                  ations or an operations permit on the date of          that develops, implements, and has the abil-
                                               At the appropriate place, insert the fol-             the enactment of this Act; and                         ity to carry out all or a significant portion
                                             lowing:                                                   (B) produces valuable locatable minerals in          of a reclamation program under this sub-
                                             SEC. llll. HARDROCK MINING AND RECLAMA-                 commercial quantities on the date of enact-            section; or
                                                        TION.                                        ment of this Act.                                        (C) be transferred by the Secretary to an
                                               (a) DEFINITIONS.—In this section:                       (4) ROYALTY RELIEF.—                                 Indian tribe or a State with an approved rec-
                                               (1) ABANDONED HARDROCK MINE STATE.—The                  (A) IN GENERAL.—Subject to subparagraph              lamation program, as provided in paragraph
                                             term ‘‘abandoned hardrock mine State’’                  (B), in order to promote the greatest ulti-            (6).
                                             means each of the States of Alaska, Arizona,            mate recovery pursuant to a mining permit                (6) STATE AND TRIBAL RECLAMATION PRO-
                                             California, Colorado, Idaho, Montana, Ne-               or a plan of operations under which produc-            GRAMS.—
                                             vada, New Mexico, North Dakota, Oregon,                 tion in commercial quantities has occurred               (A) IN GENERAL.—Each State having within
                                             South Dakota, Utah, Washington, and Wyo-                and in the interest of conservation of natural         the borders of the State, or Indian tribe hav-
                                             ming.                                                   resources, the Secretary may reduce any                ing within the borders of the reservation of
                                                (2) FEDERAL LAND.—The term ‘‘Federal                 royalty otherwise required for all or part of          the Indian tribe, mined land that is eligible
                                             land’’ means any land and any interest in               a mining operation under paragraph (1), on a           for reclamation under this subsection may
                                             land that is—                                           showing by clear and convincing evidence by            submit to the Secretary a reclamation pro-
                                                (A) owned by the United States; and                  the person conducting mineral activities               gram for the land.
                                                (B) open to location of mining claims                under the operations or mining permit or                 (B) APPROVAL.—If the Secretary deter-
                                             under the general mining laws.                          plan of operations that, without the reduc-            mines that a State or Indian tribe has devel-
                                                (3) FUND.—The term ‘‘Fund’’ means the                tion in royalty, production would not occur.           oped and submitted a program for reclama-
                                             Hardrock Minerals Reclamation Fund estab-                 (B) EFFECTIVE DATE.—Any reduction in a               tion of abandoned mines consistent with the
                                             lished by subsection (c)(1).                            royalty provided for by this paragraph shall           priorities established under paragraph (7)(C)
                                                (4) INDIAN LAND.—The term ‘‘Indian land’’            not be effective until 60 days after the date          and has the ability and necessary State or
                                             means land that is—                                     on which the Secretary—                                tribal legislation to implement this sub-
                                                (A) held in trust for the benefit of an In-            (i) publishes public notice of the royalty           section, the Secretary shall—
                                             dian tribe or member of an Indian tribe; or             reduction; and                                           (i) approve the program; and
                                                (B) held by an Indian tribe or member of an            (ii) submits to the Committee on Energy                (ii) grant to the State or Indian tribe the
                                             Indian tribe, subject to a restriction by the           and Natural Resources of the Senate and the            exclusive responsibility and authority to im-
                                             United States against alienation.                       Committee on Natural Resources of the                  plement the approved program.
                                                (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’          House of Representatives notice and a state-             (C) WITHDRAWAL OF APPROVAL.—The Sec-
                                             has the meaning given the term in section 4             ment of the reasons for granting the royalty           retary shall withdraw the approval and au-
                                             of the Indian Self-Determination and Edu-               reduction.                                             thorization if the Secretary determines that
                                             cation Assistance Act (25 U.S.C. 5304).                   (5) FEDERAL LAND NOT SUBJECT TO EXISTING             the State or tribal program is not in compli-
                                                (6)    HARDROCK      MINERAL.—The       term         OPERATIONS PERMIT.—Production from any                 ance with procedures, guidelines, and re-
                                             ‘‘hardrock mineral’’ has the meaning given              Federal land not specifically approved for             quirements established by the Secretary.
                                             the term ‘‘locatable mineral’’ except that—             mineral extraction under a plan of oper-                 (D) APPROVAL OF EXISTING PROGRAMS.—




dlhill on DSKBBY8HB2PROD with SENATE
                                                (A) legal and beneficial title to the mineral        ations or an operations permit in existence            Subject to subparagraph (C), any State pro-
                                             need not be held by the United States; and              on the date of enactment of this Act shall be          gram in an abandoned hardrock mine State
                                                (B) paragraph (7)(B) does not apply to this          subject to the royalty described in paragraph          or tribal program for reclamation of aban-
                                             paragraph.                                              (1).                                                   doned mines approved under title IV of the
                                                (7) LOCATABLE MINERAL.—                                (6) DEPOSIT.—Amounts received by the                 Surface Mining Control and Reclamation
                                                (A) IN GENERAL.—The term ‘‘locatable min-            United States as royalties under this sub-             Act of 1977 (30 U.S.C. 1231 et seq.) before the
                                             eral’’ means any mineral—                               section shall be deposited in the Fund.                date of enactment of this Act and in good




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00042   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.040   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1315
                                             standing with the Secretary as of that date             hardrock mineral mining activities, includ-              (ii) restore watersheds in which historic
                                             shall be considered approved under this sub-            ing restoration activities in watershed areas.         mining dewatered or otherwise fragmented
                                             section.                                                  (ii) MULTIPLE PRIORITIES.—In complying               stream habitats;
                                               (7) USE AND OBJECTIVES OF THE FUND.—                  with the priorities established under this               (iii) restore instream habitat conditions
                                               (A) USE.—                                             subparagraph, funds may be expended for                necessary to support aquatic species;
                                               (i) IN GENERAL.—The Secretary may, with-              reclamation activities under clause (i)(II) be-          (iv)    restore    vegetative    cover    and
                                             out fiscal year limitation and without fur-             fore the completion of all reclamation                 streamside areas to control erosion and im-
                                             ther appropriation, use amounts in the Fund             projects under clause (i)(I) if the expenditure        prove conditions for fish and wildlife;
                                             for the reclamation and restoration of land             of the funds for reclamation activities under            (v) control and remove noxious weeds and
                                             and water resources adversely affected by               clause (i)(II) is made in conjunction with rec-        invasive species associated with historic
                                             past hardrock minerals and mining and re-               lamation activities under clause (i)(I).               mining disturbances that affect fish and
                                             lated activities in abandoned hardrock mine               (iii)   MINIMUM      EXPENDITURE.—Notwith-           wildlife;
                                             States and on Indian land located within the            standing clauses (i) and (ii), not less than 25          (vi) restore fish and wildlife habitat in
                                             exterior boundaries of abandoned hardrock               percent of the expenditures by the Secretary           cases in which previous hardrock minerals
                                             mine States, including the conduct of activi-           on Federal lands for any year shall be for the         and mining activity limits fish and wildlife
                                             ties—                                                   purposes described in clause (i)(II).                  productivity;
                                               (I) to protect public health and safety;                (D) ELIGIBLE LAND AND WATER.—                          (vii) protect and restore fish and wildlife
                                               (II) to prevent, abate, treat, and control              (i) IN GENERAL.—Amounts may be expended              habitat in areas affected by historic minerals
                                             water pollution created by abandoned mine                                                                      and mining activity; and
                                                                                                     for reclamation activities under this para-
                                             drainage, including activities conducted in                                                                      (viii) mitigate impacts to watersheds af-
                                                                                                     graph only with respect to land or water re-
                                             watersheds;                                                                                                    fected by past hardrock minerals and mining
                                                                                                     sources if the land or water resources have
                                               (III) to reclaim and restore abandoned sur-                                                                  activities.
                                                                                                     been—
                                             face and underground mined areas;                                                                                (G) RESPONSE OR REMOVAL ACTIONS.—
                                                                                                       (I) affected by hardrock mineral mining ac-
                                               (IV) to reclaim and restore abandoned                                                                          (i) IN GENERAL.—Reclamation and restora-
                                                                                                     tivities; and
                                             milling and processing areas;                                                                                  tion activities conducted under this para-
                                                                                                       (II) abandoned or left in an inadequate rec-
                                               (V) to backfill, seal, or otherwise control                                                                  graph that constitute a removal or remedial
                                             abandoned underground mine entries;                     lamation status.
                                                                                                                                                            action under section 101 of the Comprehen-
                                               (VI) to revegetate land adversely affected              (ii) SPECIFIC SITES AND AREAS NOT ELIGI-
                                                                                                                                                            sive Environmental Response, Compensa-
                                                                                                     BLE.—Section 411(d) of the Surface Mining
                                             by past mining activities—                                                                                     tion, and Liability Act of 1980 (42 U.S.C. 9601)
                                               (aa) to prevent erosion and sedimentation;            Control and Reclamation Act of 1977 (30
                                                                                                                                                            shall be conducted only with the concurrence
                                             and                                                     U.S.C. 1240a(d)) shall apply to expenditures
                                                                                                                                                            of the Administrator of the Environmental
                                               (bb) for any other reclamation purpose;               from the Fund.
                                                                                                                                                            Protection Agency.
                                               (VII) to control surface subsidence due to              (iii) INVENTORY.—
                                                                                                                                                              (ii) MEMORANDUM OF UNDERSTANDING.—The
                                             abandoned underground mines; and                          (I) IN GENERAL.—The Secretary shall—
                                                                                                                                                            Secretary and the Administrator of the En-
                                               (VIII) to enhance fish and wildlife habitat.            (aa) prepare and maintain a publicly avail-
                                                                                                                                                            vironmental Protection Agency shall enter
                                               (ii)   DETERMINATION.—Before       expending          able inventory of abandoned hardrock min-
                                                                                                                                                            into a memorandum of understanding to es-
                                             amounts in the Fund for the purposes de-                erals mines on Federal land, State land,
                                                                                                                                                            tablish procedures for consultation, concur-
                                             scribed in clause (i), the Secretary shall              other publicly owned land, private land, and
                                                                                                                                                            rence, training, the exchange of technical ex-
                                             make a determination that there is no con-              any abandoned mine on Indian land that
                                                                                                                                                            pertise, and the conduct of joint activities,
                                             tinuing reclamation responsibility of the               may be eligible for expenditures under this
                                                                                                                                                            as appropriate, that provide assurances that
                                             claim holder, operator, or other person who             paragraph; and
                                                                                                                                                            reclamation or restoration activities under
                                             abandoned the site before completion of the               (bb) submit to Congress an annual report
                                                                                                                                                            this paragraph shall not be conducted in a
                                             required reclamation under Federal or State             that describes the progress in reclaiming the
                                                                                                                                                            manner that—
                                             law.                                                    sites listed on the inventory.
                                                                                                                                                              (I) increases the costs or likelihood of re-
                                               (B) ALLOCATION.—Of the amounts deposited                (II) MAXIMUM EXPENDITURE.—The Sec-
                                                                                                                                                            moval or remedial actions under the Com-
                                             in the Fund each fiscal year—                           retary shall expend not more than $5,000,000
                                                                                                                                                            prehensive Environmental Response, Com-
                                               (i) 20 percent shall be allocated by the Sec-         to carry out the inventory required by this
                                                                                                                                                            pensation, and Liability Act of 1980 (42
                                             retary for expenditure by the Secretary or, if          clause.
                                                                                                                                                            U.S.C. 9601 et seq.); or
                                             a State or Indian tribe has an approved pro-              (E) GRANTS TO CERTAIN STATES AND INDIAN
                                                                                                                                                              (II) to the maximum extent practicable,
                                             gram pursuant to paragraph (6), by the State            TRIBES.—
                                                                                                                                                            avoids oversight by multiple agencies.
                                             or Indian tribe, in the States in which, or on            (i) IN GENERAL.—The Secretary shall use
                                                                                                                                                              (d) ABANDONED MINE LAND RECLAMATION
                                             Indian land on which, hardrock minerals are             amounts made available under subparagraph              FEE.—
                                             produced, based on a formula reflecting ex-             (B)(IV) to make grants to States (other than             (1) IMPOSITION OF FEE.—Each operator of a
                                             isting production in the State or on the land           abandoned hardrock mine States) and Indian             hardrock minerals mining operation shall
                                             of the Indian tribe;                                    tribes to carry out reclamation and restora-           pay to the Secretary, for deposit in the
                                               (ii) 30 percent shall be allocated by the             tion of land and water resources adversely             Fund, a reclamation fee in an amount estab-
                                             Secretary for expenditure by the Secretary              affected by past hardrock minerals and min-            lished by the Secretary by regulation of not
                                             or, if a State or Indian tribe has an approved          ing activities, including the conduct of ac-           less than 1 percent, and not more than 3 per-
                                             program pursuant to paragraph (6), by the               tivities described in subparagraph (A)(i).             cent, of the value of the production from the
                                             State or Indian tribe, in the States and on               (ii) DETERMINATION.—Before awarding a                hardrock minerals mining operation for each
                                             Indian land using a formula based on the                grant under this subparagraph, the Sec-                calendar year.
                                             quantity of hardrock minerals historically              retary shall make a determination that                   (2) VALUE OF PRODUCTION.—For purposes of
                                             produced in the State or from the Indian                there is no continuing reclamation responsi-           this subsection, the Secretary shall deter-
                                             land before the date of enactment of this               bility of any person who abandoned the site            mine the value of production in the same
                                             Act;                                                    before completion of required reclamation              manner as provided under subsection (b)(1).
                                               (iii) 25 percent shall be allocated by the            under Federal or State law.                              (3) PAYMENT DEADLINE.—The reclamation
                                             Secretary for expenditure on Federal land;                (iii) CRITERIA.—The Secretary shall estab-           fee shall be paid not later than 60 days after
                                               (iv) 10 percent shall be available to the             lish by regulation the procedures and cri-             the end of each calendar year beginning with
                                             Secretary for grants under subparagraph (E);            teria for awarding grants under this subpara-          the first calendar year occurring after the
                                               (v) 10 percent shall be available to the Sec-         graph, which shall include—                            date of enactment of this Act.
                                             retary for grants under subparagraph (F);                 (I) consistency with the priorities estab-             (4) DEPOSIT OF REVENUES.—Amounts re-
                                             and                                                     lished under subparagraph (C)(i); and                  ceived by the Secretary under paragraph (1)
                                               (vi) 5 percent shall be available for admin-            (II) priority for those projects for which           shall be deposited into the Fund.
                                             istrative expenses of the United States, In-            Federal funding is not available under other             (5) EFFECT.—Nothing in this subsection re-
                                             dian tribes, and the States to accomplish the           laws or programs.                                      quires a reduction in, or otherwise affects,
                                             purposes of this subsection.                              (F) GRANTS TO PUBLIC ENTITIES AND NON-               any similar fee required under any law (in-
                                               (C) PRIORITIES.—                                      PROFIT ORGANIZATIONS.—The Secretary shall
                                                                                                                                                            cluding regulations) of any State.
                                               (i) IN GENERAL.—Subject to clause (ii), ex-           use amounts made available under subpara-
                                             penditures from the Fund shall be based on              graph (B)(v) to make grants to public enti-              SA 1367. Mrs. LOEFFLER submitted
                                             the following priorities:                               ties (including State fish and game agencies           an amendment intended to be proposed
                                               (I) The conduct of activities to protect              and local governments) and nonprofit organi-
                                                                                                                                                            by her to the bill S. 2657, to support in-




dlhill on DSKBBY8HB2PROD with SENATE
                                             public health and safety from the adverse ef-           zations (based on criteria established by the
                                             fects of past hardrock mineral mining activi-           Secretary by regulation) to carry out activi-          novation in advanced geothermal re-
                                             ties, including activities addressing surface           ties that support collaborative restoration            search and development, and for other
                                             water and groundwater contaminants.                     projects to improve fish and wildlife habitat          purposes; which was ordered to lie on
                                               (II) The conduct of activities to restore             affected by past hardrock minerals and min-            the table; as follows:
                                             land, water, and fish and wildlife resources            ing activities, including activities that—               At the end of subtitle H of title I, add the
                                             degraded by the adverse effects of past                   (i) improve water quality and quantity;              following:




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00043   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.042   S03MRPT1
                                             S1316                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             SEC.  18ll. OFFICE OF ARTIFICIAL INTEL-                 which was ordered to lie on the table;                   (1) ESTABLISHMENT OF CLIMATE CHANGE AD-
                                                        LIGENCE AND TECHNOLOGY.                                                                             VISORY COMMISSION.—
                                                                                                     as follows:
                                               (a) IN GENERAL.—The Department of En-                                                                          (A) IN GENERAL.—There is established a
                                             ergy Organization Act is amended by insert-               At the appropriate place in title I, insert
                                                                                                     the following:                                         commission to be known as the ‘‘Climate
                                             ing after section 215 (42 U.S.C. 7144b) the fol-                                                               Change Advisory Commission’’.
                                             lowing:                                                 SEC.   1ll.    STATE    ENERGY      CONSERVATION
                                                                                                                   PLANS.                                     (B) MEMBERSHIP.—The Commission shall
                                             ‘‘SEC. 216. OFFICE OF ARTIFICIAL INTELLIGENCE                                                                  be composed of 11 members—
                                                           AND TECHNOLOGY.                             Section 362(d) of the Energy Policy and
                                                                                                     Conservation Act (42 U.S.C. 6322(d)) is                  (i) who shall be selected from the public
                                                ‘‘(a) ESTABLISHMENT.—There is established                                                                   and private sectors and institutions of high-
                                             within the Department an Office of Artificial           amended by striking paragraph (3) and in-
                                                                                                     serting the following:                                 er education; and
                                             Intelligence and Technology (referred to in                                                                      (ii) of whom—
                                             this section as the ‘Office’).                            ‘‘(3) programs to increase transportation
                                                                                                     energy efficiency and help achieve net-zero              (I) 3 shall be appointed by the President, in
                                               ‘‘(b) MISSION.—The mission of the Office
                                                                                                     carbon emissions in the transportation sec-            consultation with the Interagency Climate
                                             shall be to scale and synchronize the devel-
                                                                                                     tor by 2050, including programs to accelerate          Change Adaptation Task Force;
                                             opment and impact of artificial intelligence
                                                                                                     the use of alternative transportation fuels              (II) 2 shall be appointed by the Speaker of
                                             across the Department.
                                               ‘‘(c) DIRECTOR.—                                      for and electrification of State government            the House of Representatives;
                                               ‘‘(1) IN GENERAL.—The Office shall be head-           vehicles, fleet vehicles, taxis and ridesharing          (III) 2 shall be appointed by the minority
                                             ed by a Director, who shall be appointed by             services, mass transit, school buses, and pri-         leader of the House of Representatives;
                                             the Secretary.                                          vately owned passenger and medium- and                   (IV) 2 shall be appointed by the majority
                                               ‘‘(2) DUTIES.—The Director of the Office              heavy-duty vehicles;’’.                                leader of the Senate; and
                                             shall—                                                                                                           (V) 2 shall be appointed by the minority
                                               ‘‘(A) carry out and administer the mission              SA 1370. Ms. STABENOW (for herself                   leader of the Senate.
                                             of the Office; and                                      and Ms. HIRONO) submitted an amend-                      (C) TERMS.—Each member of the Commis-
                                               ‘‘(B) advise the Secretary with respect to            ment intended to be proposed by her to                 sion shall be appointed for the life of the
                                             accelerating the delivery of artificial intel-                                                                 Commission.
                                                                                                     the bill S. 2657, to support innovation
                                             ligence-enabled capabilities and supporting                                                                      (D) INITIAL APPOINTMENTS.—Each member
                                                                                                     in advanced geothermal research and                    of the Commission shall be appointed not
                                             United States leadership in artificial intel-           development, and for other purposes;
                                             ligence.                                                                                                       later than 90 days after the date of enact-
                                               ‘‘(3) QUALIFICATIONS.—The Director of the
                                                                                                     which was ordered to lie on the table;                 ment of this Act.
                                             Office shall be an individual who, by reason            as follows:                                              (E) VACANCIES.—A vacancy on the Commis-
                                             of professional background and experience, is             At the appropriate place in title I, insert          sion—
                                             specially qualified to advise the Secretary on          the following:                                           (i) shall not affect the powers of the Com-
                                             matters pertaining to artificial intel-                 SEC.   1ll.    STATE    ENERGY      CONSERVATION       mission; and
                                             ligence.’’.                                                           PLANS.                                     (ii) shall be filled in the manner in which
                                               (b) CONFORMING AMENDMENT.—The table of                  Section 362(d) of the Energy Policy and              the original appointment was made.
                                             contents for the Department of Energy Orga-             Conservation Act (42 U.S.C. 6322(d)) is                  (F) INITIAL MEETING.—Not later than 30
                                             nization Act (Public Law 95–91; 91 Stat. 565)           amended by striking paragraph (3) and in-              days after the date on which all members of
                                             is amended by inserting after the item relat-           serting the following:                                 the Commission have been appointed, the
                                             ing to section 215 the following:                         ‘‘(3) programs to increase transportation            Commission shall hold the initial meeting of
                                               ‘‘Sec. 216. Office of Artificial Intelligence         energy efficiency, including programs to               the Commission.
                                                    and Technology.’’.                               help achieve net-zero carbon emissions in                (G) MEETINGS.—The Commission shall
                                                                                                     the transportation sector by 2050 and accel-           meet at the call of the Chairperson.
                                               SA 1368. Ms. STABENOW (for herself,                   erate the use of alternative transportation              (H) QUORUM.—A majority of the members
                                                                                                     fuels for and electrification of State govern-         of the Commission shall constitute a
                                             Mr. BOOZMAN, Ms. BALDWIN, and Mr.
                                                                                                     ment vehicles, fleet vehicles, taxis and ride-         quorum, but a lesser number of members
                                             CASSIDY) submitted an amendment in-                                                                            may hold hearings.
                                                                                                     sharing services, mass transit, school buses,
                                             tended to be proposed by her to the bill                and privately owned passenger and medium-                (I) CHAIRPERSON AND VICE CHAIRPERSON.—
                                             S. 2657, to support innovation in ad-                   and heavy-duty vehicles;’’.                            The Commission shall select a Chairperson
                                             vanced geothermal research and devel-                                                                          and Vice Chairperson from among the mem-
                                             opment, and for other purposes; which                     SA 1371. Mr. DURBIN submitted an                     bers of the Commission.
                                             was ordered to lie on the table; as fol-                amendment intended to be proposed by                     (2) DUTIES.—The Commission shall—
                                             lows:                                                   him to the bill S. 2657, to support inno-                (A) establish recommendations, frame-
                                                                                                                                                            works, and guidelines for a Federal invest-
                                                In section 1203, in the heading of sub-              vation in advanced geothermal re-
                                                                                                                                                            ment program funded by revenue from cli-
                                             section (e), strike ‘‘TO INCLUDE THERMAL EN-            search and development, and for other                  mate change obligations issued under sub-
                                             ERGY’’.                                                 purposes; which was ordered to lie on                  section (d)(1) for States, municipalities, and
                                                In section 1203(e)(1), strike subparagraph           the table; as follows:                                 other public entities, including utility dis-
                                             (A) and insert the following:
                                                                                                       At the appropriate place, insert the fol-            tricts, transit authorities, and multistate
                                                (A) in subsection (b)(2)—
                                                                                                     lowing:                                                regulatory bodies that—
                                                (i) by striking ‘‘generated’’ and inserting
                                                                                                     SEC. lll. CLIMATE CHANGE RESILIENCY FUND                 (i) improves and adapts energy, transpor-
                                             ‘‘produced’’;
                                                                                                                FOR AMERICA.                                tation, water, and general infrastructure im-
                                                (ii) by striking ‘‘The term’’ and inserting
                                                                                                       (a) DEFINITIONS.—Except as otherwise pro-            pacted or expected to be impacted due to cli-
                                             the following:
                                                                                                     vided, in this section:                                mate variability; and
                                                ‘‘(A) IN GENERAL.—The term’’; and
                                                                                                       (1) COMMISSION.—The term ‘‘Commission’’                (ii) integrates best available science, data,
                                                (iii) by adding at the end the following:
                                                                                                     means the Climate Change Advisory Com-                 standards, models, and trends that improve
                                                ‘‘(B) EXCLUSION.—The term ‘renewable en-
                                                                                                     mission established by subsection (b)(1)(A).           the resiliency of infrastructure systems de-
                                             ergy’ does not include electric energy gen-
                                                                                                       (2) FUND.—The term ‘‘Fund’’ means the                scribed in clause (i); and
                                             erated from municipal solid waste that in-
                                                                                                     Climate Change Resiliency Fund established               (B) identify categories of the most cost-ef-
                                             cludes—
                                                                                                     by subsection (c)(1)(A).                               fective investments and projects that em-
                                                ‘‘(i) paper that is commonly recycled and
                                                                                                       (3) QUALIFIED CLIMATE CHANGE ADAPTATION              phasize multiple benefits to commerce,
                                             has been segregated from other solid waste;
                                                                                                     PURPOSE.—                                              human health, and ecosystems.
                                             or
                                                                                                       (A) IN GENERAL.—The term ‘‘qualified cli-              (3) COMMISSION PERSONNEL MATTERS.—
                                                ‘‘(ii) solid waste collected as part of a sys-
                                                                                                     mate change adaptation purpose’’ means an                (A) COMPENSATION OF MEMBERS.—
                                             tem that does not provide for the separate
                                                                                                     objective with a demonstrated intent to re-              (i) NON-FEDERAL EMPLOYEES.—A member of
                                             collection of paper that is commonly recy-
                                                                                                     duce the economic, social, and environ-                the Commission who is not an officer or em-
                                             cled from residential solid waste (as such
                                                                                                     mental impact of the adverse effects of cli-           ployee of the Federal Government shall be
                                             terms are defined in section 246.101 of title
                                                                                                     mate change.                                           compensated at a rate equal to the daily
                                             40, Code of Federal Regulations (as in effect
                                                                                                       (B) INCLUSIONS.—The term ‘‘qualified cli-            equivalent of the annual rate of basic pay
                                             on the date of enactment of the American
                                                                                                     mate change adaptation purpose’’ includes—             prescribed for level IV of the Executive
                                             Energy Innovation Act of 2020)).’’; and
                                                                                                       (i) infrastructure resiliency and mitiga-            Schedule under section 5315 of title 5, United




dlhill on DSKBBY8HB2PROD with SENATE
                                               SA 1369. Ms. STABENOW (for herself                    tion;                                                  States Code, for each day (including travel
                                                                                                       (ii) improved disaster response; and                 time) during which the member is engaged in
                                             and Ms. HIRONO) submitted an amend-
                                                                                                       (iii) ecosystem protection.                          the performance of the duties of the Com-
                                             ment intended to be proposed by her to                    (4) SECRETARY.—The term ‘‘Secretary’’                mission.
                                             the bill S. 2657, to support innovation                 means the Secretary of Commerce.                         (ii) FEDERAL EMPLOYEES.—A member of the
                                             in advanced geothermal research and                       (b) CLIMATE CHANGE ADVISORY COMMIS-                  Commission who is an officer or employee of
                                             development, and for other purposes;                    SION.—                                                 the Federal Government shall serve without




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00044   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.043   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1317
                                             compensation in addition to the compensa-                  (6) NON-FEDERAL FUNDING REQUIREMENT.—               exceed $10,000,000 for any fiscal year during
                                             tion received for the services of the member            In order to receive funds under this section,          the period of fiscal years 2021 through 2025.
                                             as an officer or employee of the Federal Gov-           an eligible entity shall provide funds for the           (B) DONATED ADVERTISING.—In addition to
                                             ernment.                                                project in an amount that is equal to not              any advertising paid for with funds made
                                               (B) TRAVEL EXPENSES.—A member of the                  less than 25 percent of the amount of funds            available under subparagraph (C), the Sec-
                                             Commission shall be allowed travel expenses,            provided under this subsection.                        retary shall solicit and may accept the dona-
                                             including per diem in lieu of subsistence, at              (7) MAINTENANCE OF EFFORT.—All amounts              tion of advertising relating to the sale of cli-
                                             rates authorized for an employee of an agen-            deposited in the Fund in accordance with               mate change obligations.
                                             cy under subchapter I of chapter 57 of title 5,         subsection (d)(1)(A) shall be used only to               (C) AUTHORIZATION OF APPROPRIATIONS.—
                                             United States Code, while away from the                 fund new projects in accordance with this              For each fiscal year during the period of fis-
                                             home or regular place of business of the                section.                                               cal years 2021 through 2025, there is author-
                                             member in the performance of the duties of                 (8) APPLICABILITY OF FEDERAL LAW.—Noth-             ized to be appropriated $10,000,000 to carry
                                             the Commission.                                         ing in this section waives the requirements            out the purposes of this paragraph.
                                               (C) STAFF.—                                           of any Federal law (including regulations)
                                               (i) IN GENERAL.—The Chairperson of the                that would otherwise apply to a qualified cli-           SA 1372. Mr. BENNET submitted an
                                             Commission may, without regard to the civil             mate change project that receives funds                amendment intended to be proposed by
                                             service laws (including regulations), appoint           under this subsection.                                 him to the bill S. 2657, to support inno-
                                             and terminate such personnel as are nec-                   (9) COMPLIANCE WITH DAVIS-BACON ACT.—               vation in advanced geothermal re-
                                             essary to enable the Commission to perform                 (A) IN GENERAL.—All laborers and mechan-
                                             the duties of the Commission.                           ics employed by contractors and subcontrac-
                                                                                                                                                            search and development, and for other
                                               (ii) COMPENSATION.—                                   tors on projects funded directly by or as-             purposes; which was ordered to lie on
                                               (I) IN GENERAL.—Except as provided in sub-            sisted in whole or in part by and through the          the table; as follows:
                                             clause (II), the Chairperson of the Commis-             Fund pursuant to this subsection shall be                At the end, add the following:
                                             sion may fix the compensation of personnel              paid wages at rates not less than those pre-                TITLE IV—COLORADO OUTDOOR
                                             without regard to the provisions of chapter             vailing on projects of a character similar in                          RECREATION
                                             51 and subchapter III of chapter 53 of title 5,         the locality as determined by the Secretary            SEC. 4001. DEFINITION OF STATE.
                                             United States Code, relating to classification          of Labor in accordance with subchapter IV of             In this title, the term ‘‘State’’ means the
                                             of positions and General Schedule pay rates.            chapter 31 of part A of title 40, United States        State of Colorado.
                                               (II) MAXIMUM RATE OF PAY.—The rate of                 Code.                                                  SEC. 4002. DETERMINATION OF BUDGETARY EF-
                                             pay for personnel shall not exceed the rate                (B) LABOR STANDARDS.—With respect to the                        FECTS.
                                             payable for level V of the Executive Sched-             labor standards specified in this paragraph,             The budgetary effects of this title, for the
                                             ule under section 5316 of title 5, United               the Secretary of Labor shall have the au-              purpose of complying with the Statutory
                                             States Code.                                            thority and functions set forth in Reorga-             Pay-As-You-Go Act of 2010, shall be deter-
                                               (4) FUNDING.—The Commission shall use                 nization Plan Numbered 14 of 1950 (64 Stat.            mined by reference to the latest statement
                                             amounts in the Fund to pay for all adminis-             1267; 5 U.S.C. App.) and section 3145 of title         titled ‘‘Budgetary Effects of PAYGO Legisla-
                                             trative expenses of the Commission.                     40, United States Code.                                tion’’ for this title, submitted for printing in
                                               (5) TERMINATION.—The Commission shall                    (10) FUNDING.—The Secretary shall use               the Congressional Record by the Chairman of
                                             terminate on such date as the Commission                funds made available to the Secretary and              the House Budget Committee, provided that
                                             determines after the Commission carries out             not otherwise obligated to carry out the pro-          such statement has been submitted prior to
                                             the duties of the Commission under para-                gram under paragraph (2).                              the vote on passage.
                                             graph (2).                                                 (d) REVENUE.—
                                               (c) CLIMATE CHANGE RESILIENCY FUND.—                     (1) CLIMATE CHANGE OBLIGATIONS.—                             Subtitle A—Continental Divide
                                               (1) ESTABLISHMENT.—                                      (A) IN GENERAL.—Not later than 6 months             SEC. 4101. DEFINITIONS.
                                               (A) IN GENERAL.—There is established with-            after the date of the enactment of this Act,             In this subtitle:
                                             in the Department of Commerce the ‘‘Cli-                the Secretary of the Treasury or the Sec-                (1) COVERED AREA.—The term ‘‘covered
                                             mate Change Resiliency Fund’’.                          retary’s delegate (referred to in this sub-            area’’ means any area designated as wilder-
                                               (B) RESPONSIBILITY OF SECRETARY.—The                  section as the ‘‘Secretary’’) shall issue obli-        ness by the amendments to section 2(a) of
                                             Secretary shall take such action as the Sec-            gations under chapter 31 of title 31, United           the Colorado Wilderness Act of 1993 (16
                                             retary determines to be necessary to assist             States Code (referred to in this subsection as         U.S.C. 1132 note; Public Law 103–77) made by
                                             in implementing the establishment of the                ‘‘climate change obligations’’), the proceeds          section 4102(a).
                                             Fund in accordance with this section.                   from which shall be deposited in the Fund.               (2) HISTORIC LANDSCAPE.—The term ‘‘His-
                                               (2)     CLIMATE       CHANGE     ADAPTATION              (B) FULL FAITH AND CREDIT.—Payment of               toric Landscape’’ means the Camp Hale Na-
                                             PROJECTS.—The Secretary, in consultation                interest and principal with respect to any             tional Historic Landscape designated by sec-
                                             with the Commission, shall carry out a pro-             climate change obligation issued under this            tion 4107(a).
                                             gram to provide funds to eligible applicants            paragraph shall be made from the general                 (3) RECREATION MANAGEMENT AREA.—The
                                             to carry out projects for a qualified climate           fund of the Treasury of the United States              term ‘‘Recreation Management Area’’ means
                                             change adaptation purpose.                              and shall be backed by the full faith and              the Tenmile Recreation Management Area
                                               (3) ELIGIBLE ENTITIES.—An entity eligible             credit of the United States.                           designated by section 4104(a).
                                             to participate in the program under para-                  (C) EXEMPTION FROM LOCAL TAXATION.—All                (4) SECRETARY.—The term ‘‘Secretary’’
                                             graph (2) shall include—                                climate change obligations issued by the               means the Secretary of Agriculture.
                                               (A) a Federal agency;                                 Secretary, and the interest on or credits                (5) WILDLIFE CONSERVATION AREA.—The
                                               (B) a State or a group of States;                     with respect to such obligations, shall not be         term ‘‘Wildlife Conservation Area’’ means, as
                                               (C) a unit of local government or a group of          subject to taxation by any State, county,              applicable—
                                             local governments;                                      municipality, or local taxing authority.                 (A) the Porcupine Gulch Wildlife Conserva-
                                               (D) a utility district;                                  (D) AMOUNT OF CLIMATE CHANGE OBLIGA-                tion Area designated by section 4105(a); and
                                               (E) a tribal government or a consortium of            TIONS.—                                                  (B) the Williams Fork Mountains Wildlife
                                             tribal governments;                                        (i) IN GENERAL.—Except as provided in               Conservation Area designated by section
                                               (F) a State or regional transit agency or a           clause (ii), the aggregate face amount of the          4106(a).
                                             group of State or regional transit agencies;            climate change obligations issued annually             SEC. 4102. COLORADO WILDERNESS ADDITIONS.
                                               (G) a nonprofit organization;                         under this paragraph shall be $200,000,000.              (a) DESIGNATION.—Section 2(a) of the Colo-
                                               (H) a special purpose district or public au-             (ii) ADDITIONAL OBLIGATIONS.—For any cal-           rado Wilderness Act of 1993 (16 U.S.C. 1132
                                             thority, including a port authority; and                endar year in which all of the obligations             note; Public Law 103–77) is amended—
                                               (I) any other entity, as determined by the            issued pursuant to clause (i) have been pur-             (1) in paragraph (18), by striking ‘‘1993,’’
                                             Secretary.                                              chased, the Secretary may issue additional             and inserting ‘‘1993, and certain Federal land
                                               (4) APPLICATION.—An eligible entity shall             climate change obligations during such cal-            within the White River National Forest that
                                             submit to the Secretary an application for a            endar year, provided that the aggregate face           comprises approximately 6,896 acres, as gen-
                                             project for a qualified climate change adap-            amount of such additional obligations does             erally depicted as ‘Proposed Ptarmigan Peak
                                             tation purpose at such time, in such manner,            not exceed $800,000,000.                               Wilderness Additions’ on the map entitled
                                             and containing such information as the Sec-                (E) FUNDING.—The Secretary shall use                ‘Proposed Ptarmigan Peak Wilderness Addi-
                                             retary may require, including data relating             funds made available to the Secretary and              tions’ and dated June 24, 2019,’’; and
                                             to any benefits, such as economic impact or             not otherwise obligated to carry out the pur-            (2) by adding at the end the following:




dlhill on DSKBBY8HB2PROD with SENATE
                                             improvements to public health, that the                 poses of this paragraph.                                 ‘‘(23) HOLY CROSS WILDERNESS ADDITION.—
                                             project is expected to provide.                            (2) PROMOTION.—                                     Certain Federal land within the White River
                                               (5) SELECTION.—The Secretary shall select                (A) IN GENERAL.—The Secretary shall pro-            National Forest that comprises approxi-
                                             projects from eligible entities to receive              mote the purchase of climate change obliga-            mately 3,866 acres, as generally depicted as
                                             funds under this subsection based on criteria           tions through such means as are determined             ‘Proposed Megan Dickie Wilderness Addi-
                                             and guidelines determined and published by              appropriate by the Secretary, with the                 tion’ on the map entitled ‘Holy Cross Wilder-
                                             the Commission.                                         amount expended for such promotion not to              ness Addition Proposal’ and dated June 24,




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00045   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.044   S03MRPT1
                                             S1318                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             2019, which shall be incorporated into, and               (1) the Wilderness Act (16 U.S.C. 1131 et            ecological resources of the Recreation Man-
                                             managed as part of, the Holy Cross Wilder-              seq.); and                                             agement Area.
                                             ness designated by section 102(a)(5) of Public            (2) this section.                                       (c) MANAGEMENT.—
                                             Law 96–560 (94 Stat. 3266).                               (c) LIVESTOCK USE OF VACANT ALLOT-                      (1) IN GENERAL.—The Secretary shall man-
                                               ‘‘(24) HOOSIER RIDGE WILDERNESS.—Certain              MENTS.—                                                age the Recreation Management Area—
                                             Federal land within the White River Na-                   (1) IN GENERAL.—Not later than 3 years                  (A) in a manner that conserves, protects,
                                             tional Forest that comprises approximately              after the date of enactment of this Act, in            and enhances—
                                             5,235 acres, as generally depicted as ‘Pro-             accordance with applicable laws (including                (i) the purposes of the Recreation Manage-
                                             posed Hoosier Ridge Wilderness’ on the map              regulations), the Secretary shall publish a            ment Area described in subsection (b); and
                                             entitled ‘Tenmile Proposal’ and dated June              determination regarding whether to author-                (ii) recreation opportunities, including
                                             24, 2019, which shall be known as the ‘Hoosier          ize livestock grazing or other use by live-            mountain biking, hiking, fishing, horseback
                                             Ridge Wilderness’.                                      stock on the vacant allotments known as—               riding, snowshoeing, climbing, skiing, camp-
                                               ‘‘(25) TENMILE WILDERNESS.—Certain Fed-                 (A) the ‘‘Big Hole Allotment’’; and                  ing, and hunting; and
                                             eral land within the White River National                 (B) the ‘‘Blue Ridge Allotment’’.                       (B) in accordance with—
                                             Forest that comprises approximately 7,624                 (2) MODIFICATION OF ALLOTMENTS.—In pub-                 (i) the Forest and Rangeland Renewable
                                             acres, as generally depicted as ‘Proposed               lishing a determination pursuant to para-              Resources Planning Act of 1974 (16 U.S.C. 1600
                                             Tenmile Wilderness’ on the map entitled                 graph (1), the Secretary may modify or com-            et seq.);
                                             ‘Tenmile Proposal’ and dated June 24, 2019,             bine the vacant allotments referred to in                 (ii) any other applicable laws (including
                                             which shall be known as the ‘Tenmile Wil-               that paragraph.                                        regulations); and
                                             derness’.                                                 (3) PERMIT OR OTHER AUTHORIZATION.—Not                  (iii) this section.
                                               ‘‘(26) EAGLES NEST WILDERNESS ADDITIONS.—             later than 1 year after the date on which a               (2) USES.—
                                             Certain Federal land within the White River             determination of the Secretary to authorize               (A) IN GENERAL.—The Secretary shall only
                                             National Forest that comprises approxi-                 livestock grazing or other use by livestock is         allow such uses of the Recreation Manage-
                                             mately 9,670 acres, as generally depicted as            published under paragraph (1), if applicable,          ment Area as the Secretary determines
                                             ‘Proposed Freeman Creek Wilderness Addi-                the Secretary shall grant a permit or other            would further the purposes described in sub-
                                             tion’ and ‘Proposed Spraddle Creek Wilder-              authorization for that livestock grazing or            section (b).
                                             ness Addition’ on the map entitled ‘Eagles              other use in accordance with applicable laws              (B) VEHICLES.—
                                             Nest Wilderness Additions Proposal’ and                 (including regulations).                                  (i) IN GENERAL.—Except as provided in
                                             dated June 24, 2019, which shall be incor-                (d) RANGE IMPROVEMENTS.—                             clause (iii), the use of motorized vehicles in
                                             porated into, and managed as part of, the Ea-             (1) IN GENERAL.—If the Secretary permits             the Recreation Management Area shall be
                                             gles Nest Wilderness designated by Public               livestock grazing or other use by livestock            limited to the roads, vehicle classes, and pe-
                                             Law 94–352 (90 Stat. 870).’’.                           on the potential wilderness area under sub-            riods authorized for motorized vehicle use on
                                               (b) APPLICABLE LAW.—Any reference in the              section (c), the Secretary, or a third party           the date of enactment of this Act.
                                             Wilderness Act (16 U.S.C. 1131 et seq.) to the          authorized by the Secretary, may use any                  (ii) NEW OR TEMPORARY ROADS.—Except as
                                             effective date of that Act shall be considered          motorized or mechanized transport or equip-            provided in clause (iii), no new or temporary
                                             to be a reference to the date of enactment of           ment for purposes of constructing or reha-             road shall be constructed in the Recreation
                                             this Act for purposes of administering a cov-           bilitating such range improvements as are              Management Area.
                                             ered area.                                              necessary to obtain appropriate livestock                 (iii) EXCEPTIONS.—Nothing in clause (i) or
                                               (c) FIRE, INSECTS, AND DISEASES.—In ac-               management objectives (including habitat
                                             cordance with section 4(d)(1) of the Wilder-                                                                   (ii) prevents the Secretary from—
                                                                                                     and watershed restoration).                               (I) rerouting or closing an existing road or
                                             ness Act (16 U.S.C. 1133(d)(1)), the Secretary            (2) TERMINATION OF AUTHORITY.—The au-
                                             may carry out any activity in a covered area                                                                   trail to protect natural resources from deg-
                                                                                                     thority provided by this subsection termi-             radation, as the Secretary determines to be
                                             that the Secretary determines to be nec-                nates on the date that is 2 years after the
                                             essary for the control of fire, insects, and                                                                   appropriate;
                                                                                                     date on which the Secretary publishes a posi-             (II) authorizing the use of motorized vehi-
                                             diseases, subject to such terms and condi-              tive determination under subsection (c)(3).
                                             tions as the Secretary determines to be ap-                                                                    cles for administrative purposes or roadside
                                                                                                       (e) DESIGNATION AS WILDERNESS.—                      camping;
                                             propriate.                                                (1) DESIGNATION.—The potential wilderness
                                               (d) GRAZING.—The grazing of livestock on a                                                                      (III) constructing temporary roads or per-
                                                                                                     area designated by subsection (a) shall be             mitting the use of motorized vehicles to
                                             covered area, if established before the date of
                                                                                                     designated as wilderness, to be known as the           carry out pre- or post-fire watershed protec-
                                             enactment of this Act, shall be permitted to
                                                                                                     ‘‘Williams Fork Mountains Wilderness’’—                tion projects;
                                             continue subject to such reasonable regula-
                                                                                                       (A) effective not earlier than the date that            (IV) authorizing the use of motorized vehi-
                                             tions as are considered to be necessary by
                                                                                                     is 180 days after the date of enactment this           cles to carry out any activity described in
                                             the Secretary, in accordance with—
                                                                                                     Act; and                                               subsection (d), (e)(1), or (f); or
                                               (1) section 4(d)(4) of the Wilderness Act (16
                                                                                                       (B) on the earliest of—                                 (V) responding to an emergency.
                                             U.S.C. 1133(d)(4)); and
                                                                                                       (i) the date on which the Secretary pub-                (C) COMMERCIAL TIMBER.—
                                               (2) the guidelines set forth in Appendix A
                                                                                                     lishes in the Federal Register a notice that              (i) IN GENERAL.—Subject to clause (ii), no
                                             of the report of the Committee on Interior
                                                                                                     the construction or rehabilitation of range            project shall be carried out in the Recreation
                                             and Insular Affairs of the House of Rep-
                                                                                                     improvements under subsection (d) is com-              Management Area for the purpose of har-
                                             resentatives accompanying H.R. 2570 of the
                                                                                                     plete;                                                 vesting commercial timber.
                                             101st Congress (H. Rept. 101–405).
                                               (e) COORDINATION.—For purposes of admin-                (ii) the date described in subsection (d)(2);           (ii) LIMITATION.—Nothing in clause (i) pre-
                                             istering the Federal land designated as wil-            and                                                    vents the Secretary from harvesting or sell-
                                             derness by paragraph (26) of section 2(a) of              (iii) the effective date of a determination          ing a merchantable product that is a byprod-
                                             the Colorado Wilderness Act of 1993 (16                 of the Secretary not to authorize livestock            uct of an activity authorized under this sec-
                                             U.S.C. 1132 note; Public Law 103–77) (as added          grazing or other use by livestock under sub-           tion.
                                             by subsection (a)(2)), the Secretary shall, as          section (c)(1).
                                                                                                                                                               (d) FIRE, INSECTS, AND DISEASES.—The Sec-
                                             determined to be appropriate for the protec-              (2) ADMINISTRATION.—Subject to valid ex-
                                                                                                                                                            retary may carry out any activity, in ac-
                                             tion of watersheds, coordinate the activities           isting rights, the Secretary shall manage the
                                                                                                                                                            cordance with applicable laws (including reg-
                                             of the Secretary in response to fires and               Williams Fork Mountains Wilderness in ac-
                                                                                                                                                            ulations), that the Secretary determines to
                                             flooding events with interested State and               cordance with—
                                                                                                                                                            be necessary to prevent, control, or mitigate
                                             local agencies, including operations using                (A) the Colorado Wilderness Act of 1993 (16
                                                                                                                                                            fire, insects, or disease in the Recreation
                                             aircraft or mechanized equipment.                       U.S.C. 1132 note; Public Law 103–77); and
                                                                                                                                                            Management Area, subject to such terms and
                                             SEC. 4103. WILLIAMS FORK MOUNTAINS WILDER-                (B) this subtitle.
                                                                                                                                                            conditions as the Secretary determines to be
                                                         NESS.                                       SEC. 4104. TENMILE RECREATION MANAGEMENT
                                                                                                                 AREA.
                                                                                                                                                            appropriate.
                                               (a) DESIGNATION.—In furtherance of the
                                             purposes of the Wilderness Act (16 U.S.C. 1131            (a) DESIGNATION.—Subject to valid existing              (e) WATER.—
                                             et seq.), certain Federal land in the White             rights, the approximately 17,122 acres of Fed-            (1) EFFECT ON WATER MANAGEMENT INFRA-
                                             River National Forest in the State, com-                eral land in the White River National Forest           STRUCTURE.—Nothing in this section affects
                                             prising approximately 8,036 acres and gen-              in the State, as generally depicted as ‘‘Pro-          the construction, repair, reconstruction, re-
                                             erally depicted as ‘‘Proposed Williams Fork             posed Tenmile Recreation Management                    placement, operation, maintenance, or ren-
                                             Mountains Wilderness’’ on the map entitled              Area’’ on the map entitled ‘‘Tenmile Pro-              ovation within the Recreation Management
                                             ‘‘Williams Fork Mountains Proposal’’ and                posal’’ and dated June 24, 2019, are des-              Area of—




dlhill on DSKBBY8HB2PROD with SENATE
                                             dated June 24, 2019, is designated as a poten-          ignated as the ‘‘Tenmile Recreation Manage-               (A) water management infrastructure in
                                             tial wilderness area.                                   ment Area’’.                                           existence on the date of enactment of this
                                               (b) MANAGEMENT.—Subject to valid exist-                 (b) PURPOSES.—The purposes of the Recre-             Act; or
                                             ing rights and except as provided in sub-               ation Management Area are to conserve, pro-               (B) any future infrastructure necessary for
                                             section (d), the potential wilderness area              tect, and enhance for the benefit and enjoy-           the development or exercise of water rights
                                             designated by subsection (a) shall be man-              ment of present and future generations the             decreed before the date of enactment of this
                                             aged in accordance with—                                recreational, scenic, watershed, habitat, and          Act.




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00046   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S1319
                                               (2) APPLICABLE LAW.—Section 3(e) of the                  (ii) NEW OR TEMPORARY ROADS.—Except as                 (B) in accordance with—
                                             James Peak Wilderness and Protection Area               provided in clause (iii) and subsection (e), no           (i) the Forest and Rangeland Renewable
                                             Act (Public Law 107–216; 116 Stat. 1058) shall          new or temporary road shall be constructed             Resources Planning Act of 1974 (16 U.S.C. 1600
                                             apply to the Recreation Management Area.                within the Wildlife Conservation Area.                 et seq.);
                                               (f) REGIONAL TRANSPORTATION PROJECTS.—                   (iii) EXCEPTIONS.—Nothing in clause (i) or             (ii) any other applicable laws (including
                                             Nothing in this section precludes the Sec-              (ii) prevents the Secretary from—                      regulations); and
                                             retary from authorizing, in accordance with                (I) authorizing the use of motorized vehi-             (iii) this section.
                                             applicable laws (including regulations), the            cles or mechanized transport for administra-              (2) USES.—
                                             use or leasing of Federal land within the               tive purposes;                                            (A) IN GENERAL.—The Secretary shall only
                                             Recreation Management Area for—                            (II) constructing temporary roads or per-           allow such uses of the Wildlife Conservation
                                               (1) a regional transportation project, in-            mitting the use of motorized vehicles or               Area as the Secretary determines would fur-
                                             cluding—                                                mechanized transport to carry out pre- or              ther the purposes described in subsection (b).
                                               (A) highway widening or realignment; and              post-fire watershed protection projects;                  (B) MOTORIZED VEHICLES.—
                                               (B) construction of multimodal transpor-                 (III) authorizing the use of motorized vehi-           (i) IN GENERAL.—Except as provided in
                                             tation systems; or                                      cles or mechanized transport to carry out ac-          clause (iii), the use of motorized vehicles in
                                               (2) any infrastructure, activity, or safety           tivities described in subsection (d) or (e); or        the Wildlife Conservation Area shall be lim-
                                             measure associated with the implementation                 (IV) responding to an emergency.                    ited to designated roads and trails.
                                             or use of a facility constructed under para-               (D) COMMERCIAL TIMBER.—                                (ii) NEW OR TEMPORARY ROADS.—Except as
                                             graph (1).                                                 (i) IN GENERAL.—Subject to clause (ii), no          provided in clause (iii), no new or temporary
                                               (g) APPLICABLE LAW.—Nothing in this sec-              project shall be carried out in the Wildlife           road shall be constructed in the Wildlife
                                             tion affects the designation of the Federal             Conservation Area for the purpose of har-              Conservation Area.
                                             land within the Recreation Management                   vesting commercial timber.                                (iii) EXCEPTIONS.—Nothing in clause (i) or
                                             Area for purposes of—                                      (ii) LIMITATION.—Nothing in clause (i) pre-         (ii) prevents the Secretary from—
                                               (1) section 138 of title 23, United States            vents the Secretary from harvesting or sell-              (I) authorizing the use of motorized vehi-
                                             Code; or                                                ing a merchantable product that is a byprod-           cles for administrative purposes;
                                               (2) section 303 of title 49, United States            uct of an activity authorized under this sec-             (II) authorizing the use of motorized vehi-
                                             Code.                                                   tion.                                                  cles to carry out activities described in sub-
                                               (h) PERMITS.—Nothing in this section al-                 (d) FIRE, INSECTS, AND DISEASES.—The Sec-           section (d); or
                                             ters or limits—                                         retary may carry out any activity, in ac-                 (III) responding to an emergency.
                                               (1) any permit held by a ski area or other            cordance with applicable laws (including reg-             (C) BICYCLES.—The use of bicycles in the
                                             entity; or                                              ulations), that the Secretary determines to            Wildlife Conservation Area shall be limited
                                               (2) the acceptance, review, or implementa-            be necessary to prevent, control, or mitigate          to designated roads and trails.
                                             tion of associated activities or facilities pro-        fire, insects, or disease in the Wildlife Con-            (D) COMMERCIAL TIMBER.—
                                             posed or authorized by law or permit outside            servation Area, subject to such terms and
                                                                                                                                                               (i) IN GENERAL.—Subject to clause (ii), no
                                             the boundaries of the Recreation Manage-                conditions as the Secretary determines to be
                                                                                                                                                            project shall be carried out in the Wildlife
                                             ment Area.                                              appropriate.
                                                                                                        (e) REGIONAL TRANSPORTATION PROJECTS.—              Conservation Area for the purpose of har-
                                             SEC. 4105. PORCUPINE GULCH WILDLIFE CON-
                                                                                                     Nothing in this section or section 4110(e) pre-        vesting commercial timber.
                                                         SERVATION AREA.
                                                                                                     cludes the Secretary from authorizing, in ac-             (ii) LIMITATION.—Nothing in clause (i) pre-
                                               (a) DESIGNATION.—Subject to valid existing
                                                                                                     cordance with applicable laws (including reg-          vents the Secretary from harvesting or sell-
                                             rights, the approximately 8,287 acres of Fed-
                                                                                                     ulations), the use or leasing of Federal land          ing a merchantable product that is a byprod-
                                             eral land located in the White River National
                                                                                                     within the Wildlife Conservation Area for—             uct of an activity authorized under this sec-
                                             Forest, as generally depicted as ‘‘Proposed
                                                                                                        (1) a regional transportation project, in-          tion.
                                             Porcupine Gulch Wildlife Conservation
                                                                                                     cluding—                                                  (E) GRAZING.—The laws (including regula-
                                             Area’’ on the map entitled ‘‘Porcupine Gulch
                                                                                                        (A) highway widening or realignment; and            tions) and policies followed by the Secretary
                                             Wildlife Conservation Area Proposal’’ and
                                                                                                        (B) construction of multimodal transpor-            in issuing and administering grazing permits
                                             dated June 24, 2019, are designated as the
                                                                                                     tation systems; or                                     or leases on land under the jurisdiction of
                                             ‘‘Porcupine Gulch Wildlife Conservation
                                                                                                        (2) any infrastructure, activity, or safety         the Secretary shall continue to apply with
                                             Area’’ (referred to in this section as the
                                                                                                     measure associated with the implementation             regard to the land in the Wildlife Conserva-
                                             ‘‘Wildlife Conservation Area’’).
                                                (b) PURPOSES.—The purposes of the Wild-              or use of a facility constructed under para-           tion Area, consistent with the purposes de-
                                             life Conservation Area are—                             graph (1).                                             scribed in subsection (b).
                                                (1) to conserve and protect a wildlife mi-              (f) APPLICABLE LAW.—Nothing in this sec-               (d) FIRE, INSECTS, AND DISEASES.—The Sec-
                                             gration corridor over Interstate 70; and                tion affects the designation of the Federal            retary may carry out any activity, in ac-
                                                (2) to conserve, protect, and enhance for            land within the Wildlife Conservation Area             cordance with applicable laws (including reg-
                                             the benefit and enjoyment of present and fu-            for purposes of—                                       ulations), that the Secretary determines to
                                             ture generations the wildlife, scenic,                     (1) section 138 of title 23, United States          be necessary to prevent, control, or mitigate
                                             roadless, watershed, and ecological resources           Code; or                                               fire, insects, or disease in the Wildlife Con-
                                             of the Wildlife Conservation Area.                         (2) section 303 of title 49, United States          servation Area, subject to such terms and
                                                (c) MANAGEMENT.—                                     Code.                                                  conditions as the Secretary determines to be
                                                (1) IN GENERAL.—The Secretary shall man-                (g) WATER.—Section 3(e) of the James Peak           appropriate.
                                             age the Wildlife Conservation Area—                     Wilderness and Protection Area Act (Public                (e) REGIONAL TRANSPORTATION PROJECTS.—
                                                (A) in a manner that conserves, protects,            Law 107–216; 116 Stat. 1058) shall apply to the        Nothing in this section or section 4110(e) pre-
                                             and enhances the purposes described in sub-             Wildlife Conservation Area.                            cludes the Secretary from authorizing, in ac-
                                             section (b); and                                        SEC. 4106. WILLIAMS FORK MOUNTAINS WILD-               cordance with applicable laws (including reg-
                                                                                                                LIFE CONSERVATION AREA.                     ulations), the use or leasing of Federal land
                                                (B) in accordance with—
                                                (i) the Forest and Rangeland Renewable                 (a) DESIGNATION.—Subject to valid existing           within the Wildlife Conservation Area for—
                                             Resources Planning Act of 1974 (16 U.S.C. 1600          rights, the approximately 3,528 acres of Fed-             (1) a regional transportation project, in-
                                                                                                     eral land in the White River National Forest           cluding—
                                             et seq.);
                                                                                                     in the State, as generally depicted as ‘‘Pro-             (A) highway widening or realignment; and
                                                (ii) any other applicable laws (including
                                                                                                     posed Williams Fork Mountains Wildlife                    (B) construction of multimodal transpor-
                                             regulations); and
                                                                                                     Conservation Area’’ on the map entitled                tation systems; or
                                                (iii) this section.
                                                                                                     ‘‘Williams Fork Mountains Proposal’’ and                  (2) any infrastructure, activity, or safety
                                                (2) USES.—                                           dated June 24, 2019, are designated as the
                                                (A) IN GENERAL.—The Secretary shall only                                                                    measure associated with the implementation
                                                                                                     ‘‘Williams Fork Mountains Wildlife Con-                or use of a facility constructed under para-
                                             allow such uses of the Wildlife Conservation            servation Area’’ (referred to in this section
                                             Area as the Secretary determines would fur-                                                                    graph (1).
                                                                                                     as the ‘‘Wildlife Conservation Area’’).
                                             ther the purposes described in subsection (b).             (b) PURPOSES.—The purposes of the Wild-                (f) WATER.—Section 3(e) of the James Peak
                                                (B) RECREATION.—The Secretary may per-               life Conservation Area are to conserve, pro-           Wilderness and Protection Area Act (Public
                                             mit such recreational activities in the Wild-           tect, and enhance for the benefit and enjoy-           Law 107–216; 116 Stat. 1058) shall apply to the
                                             life Conservation Area that the Secretary de-           ment of present and future generations the             Wildlife Conservation Area.
                                             termines are consistent with the purposes               wildlife, scenic, roadless, watershed, rec-            SEC.   4107.   CAMP HALE    NATIONAL   HISTORIC
                                             described in subsection (b).                            reational, and ecological resources of the                            LANDSCAPE.




dlhill on DSKBBY8HB2PROD with SENATE
                                                (C) MOTORIZED VEHICLES AND MECHANIZED                Wildlife Conservation Area.                              (a) DESIGNATION.—Subject to valid existing
                                             TRANSPORT; NEW OR TEMPORARY ROADS.—                        (c) MANAGEMENT.—                                    rights, the approximately 28,676 acres of Fed-
                                                (i) MOTORIZED VEHICLES AND MECHANIZED                   (1) IN GENERAL.—The Secretary shall man-            eral land in the White River National Forest
                                             TRANSPORT.—Except as provided in clause                 age the Wildlife Conservation Area—                    in the State, as generally depicted as ‘‘Pro-
                                             (iii), the use of motorized vehicles and                   (A) in a manner that conserves, protects,           posed Camp Hale National Historic Land-
                                             mechanized transport in the Wildlife Con-               and enhances the purposes described in sub-            scape’’ on the map entitled ‘‘Camp Hale Na-
                                             servation Area shall be prohibited.                     section (b); and                                       tional Historic Landscape Proposal’’ and




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00047   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             S1320                                             CONGRESSIONAL RECORD — SENATE                                                            March 3, 2020
                                             dated June 24, 2019, are designated the                   (2) COORDINATION.—In carrying out the                  (2) affects any water right in existence on
                                             ‘‘Camp Hale National Historic Landscape’’.              project described in paragraph (1), the Sec-           or after the date of enactment of this Act, or
                                               (b) PURPOSES.—The purposes of the His-                retary shall coordinate with—                          the exercise of such a water right, includ-
                                             toric Landscape are—                                      (A) the United States Army Corps of Engi-            ing—
                                               (1) to provide for—                                   neers;                                                   (A) a water right under an interstate water
                                               (A) the interpretation of historic events,              (B) the Camp Hale-Eagle River Headwaters             compact (including full development of any
                                             activities, structures, and artifacts of the            Collaborative Group;                                   apportionment made in accordance with
                                             Historic Landscape, including with respect                (C) the National Forest Foundation;                  such a compact);
                                             to the role of the Historic Landscape in                  (D) the Colorado Department of Public                  (B) a water right decreed within, above,
                                             local, national, and world history;                     Health and Environment;                                below, or through the Historic Landscape;
                                               (B) the historic preservation of the His-               (E) the Colorado State Historic Preserva-              (C) a water right held by the United
                                             toric Landscape, consistent with—                       tion Office;                                           States;
                                               (i) the designation of the Historic Land-               (F) units of local government; and                     (D) the management or operation of any
                                             scape as a national historic site; and                    (G) other interested organizations and               reservoir, including the storage, manage-
                                               (ii) the other purposes of the Historic               members of the public.                                 ment, release, or transportation of water;
                                             Landscape;                                                (e) ENVIRONMENTAL REMEDIATION.—                      and
                                               (C) recreational opportunities, with an em-             (1) IN GENERAL.—The Secretary of the                   (E) the construction or operation of such
                                             phasis on the activities related to the his-            Army shall continue to carry out the                   infrastructure as is determined to be nec-
                                             toric use of the Historic Landscape, includ-            projects and activities of the Department of           essary by an individual or entity holding
                                             ing skiing, snowshoeing, snowmobiling, hik-             the Army in existence on the date of enact-            water rights to develop and place to bene-
                                             ing, horseback riding, climbing, other road-            ment of this Act relating to cleanup of—               ficial use those rights, subject to applicable
                                             and trail-based activities, and other outdoor             (A) the Camp Hale Formerly Used Defense              Federal, State, and local law (including reg-
                                             activities; and                                         Site; or                                               ulations);
                                               (D) the continued environmental remedi-                 (B) the Camp Hale historic cantonment                  (3) constitutes an express or implied res-
                                             ation and removal of unexploded ordnance at             area.                                                  ervation by the United States of any re-
                                             the Camp Hale Formerly Used Defense Site                  (2) REMOVAL OF UNEXPLODED ORDNANCE.—                 served or appropriative water right;
                                             and the Camp Hale historic cantonment                     (A) IN GENERAL.—The Secretary of the                   (4) alters or limits—
                                             area; and                                               Army may remove unexploded ordnance (as                  (A) a permit held by a ski area;
                                               (2) to conserve, protect, restore, and en-            defined in section 101(e) of title 10, United            (B) the implementation of activities gov-
                                             hance for the benefit and enjoyment of                  States Code) from the Historic Landscape, as           erned by a ski area permit; or
                                             present and future generations the scenic,              the Secretary of the Army determines to be               (C) the authority of the Secretary to mod-
                                             watershed, and ecological resources of the              appropriate in accordance with applicable              ify or expand an existing ski area permit;
                                             Historic Landscape.                                     law (including regulations).                             (5) prevents the Secretary from closing
                                               (c) MANAGEMENT.—                                        (B) ACTION ON RECEIPT OF NOTICE.—On re-              portions of the Historic Landscape for public
                                               (1) IN GENERAL.—The Secretary shall man-              ceipt from the Secretary of a notification of          safety, environmental remediation, or other
                                             age the Historic Landscape in accordance                unexploded ordnance under subsection (c)(3),           use in accordance with applicable laws; or
                                             with—                                                   the Secretary of the Army may remove the                 (6) affects—
                                               (A) the purposes of the Historic Landscape            unexploded ordnance in accordance with—                  (A) any special use permit in effect on the
                                             described in subsection (b); and                          (i) the program for environmental restora-           date of enactment of this Act; or
                                               (B) any other applicable laws (including              tion of formerly used defense sites under sec-           (B) the renewal of a permit described in
                                             regulations).                                           tion 2701 of title 10, United States Code;             subparagraph (A).
                                               (2) MANAGEMENT PLAN.—                                   (ii) the Comprehensive Environmental Re-               (h) FUNDING.—
                                               (A) IN GENERAL.—Not later than 5 years                sponse, Compensation, and Liability Act of               (1) IN GENERAL.—There is established in the
                                             after the date of enactment of this Act, the            1980 (42 U.S.C. 9601 et seq.); and                     general fund of the Treasury a special ac-
                                             Secretary shall prepare a management plan                 (iii) any other applicable provision of law          count, to be known as the ‘‘Camp Hale His-
                                             for the Historic Landscape.                             (including regulations).                               toric Preservation and Restoration Fund’’.
                                               (B) CONTENTS.—The management plan pre-                  (3) EFFECT OF SUBSECTION.—Nothing in this              (2) AUTHORIZATION OF APPROPRIATIONS.—
                                             pared under subparagraph (A) shall include              subsection modifies any obligation in exist-           There is authorized to be appropriated to the
                                             plans for—                                              ence on the date of enactment of this Act re-          Camp Hale Historic Preservation and Res-
                                               (i) improving the interpretation of historic          lating to environmental remediation or re-             toration Fund $10,000,000, to be available to
                                             events, activities, structures, and artifacts           moval of any unexploded ordnance located in            the Secretary until expended, for activities
                                             of the Historic Landscape, including with re-           or around the Camp Hale historic canton-               relating to historic interpretation, preserva-
                                             spect to the role of the Historic Landscape in          ment area, the Camp Hale Formerly Used                 tion, and restoration carried out in and
                                             local, national, and world history;                     Defense Site, or the Historic Landscape, in-           around the Historic Landscape.
                                               (ii) conducting historic preservation and             cluding such an obligation under—                        (i) DESIGNATION OF OVERLOOK.—The inter-
                                             veteran outreach and engagement activities;               (A) the program for environmental restora-           pretive site located beside United States
                                               (iii) managing recreational opportunities,            tion of formerly used defense sites under sec-         Route 24 in the State, at 39.431N 106.323W, is
                                             including the use and stewardship of—                   tion 2701 of title 10, United States Code;             hereby designated as the ‘‘Sandy Treat Over-
                                               (I) the road and trail systems; and                     (B) the Comprehensive Environmental Re-              look’’.
                                                                                                     sponse, Compensation, and Liability Act of             SEC.   4108.    WHITE RIVER NATIONAL FOREST
                                               (II) dispersed recreation resources;
                                                                                                                                                                            BOUNDARY MODIFICATION.
                                               (iv) the conservation, protection, restora-           1980 (42 U.S.C. 9601 et seq.); or
                                                                                                       (C) any other applicable provision of law              (a) IN       GENERAL.—The boundary of the
                                             tion, or enhancement of the scenic, water-
                                                                                                     (including regulations).                               White River National Forest is modified to
                                             shed, and ecological resources of the Historic
                                                                                                                                                            include the approximately 120 acres com-
                                             Landscape, including conducting the restora-              (f) INTERAGENCY AGREEMENT.—The Sec-
                                                                                                                                                            prised of the SW 1/4, the SE 1/4, and the NE
                                             tion and enhancement project under sub-                 retary and the Secretary of the Army shall
                                                                                                                                                            1/4 of the SE 1/4 of sec. 1, T. 2 S., R. 80 W., 6th
                                             section (d); and                                        enter into an agreement—
                                                                                                                                                            Principal Meridian, in Summit County in
                                               (v) environmental remediation and, con-                 (1) to specify—
                                                                                                                                                            the State.
                                             sistent with subsection (e)(2), the removal of            (A) the activities of the Secretary relating           (b) LAND AND WATER CONSERVATION
                                             unexploded ordnance.                                    to the management of the Historic Land-                FUND.—For purposes of section 200306 of title
                                               (3) EXPLOSIVE HAZARDS.—The Secretary                  scape; and                                             54, United States Code, the boundaries of the
                                             shall provide to the Secretary of the Army a              (B) the activities of the Secretary of the           White River National Forest, as modified
                                             notification of any unexploded ordnance (as             Army relating to environmental remediation             under subsection (a), shall be considered to
                                             defined in section 101(e) of title 10, United           and the removal of unexploded ordnance in              be the boundaries of the White River Na-
                                             States Code) that is discovered in the His-             accordance with subsection (e) and other ap-           tional Forest as in existence on January 1,
                                             toric Landscape.                                        plicable laws (including regulations); and             1965.
                                               (d) CAMP HALE RESTORATION AND ENHANCE-                  (2) to require the Secretary to provide to           SEC. 4109. ROCKY MOUNTAIN NATIONAL PARK
                                             MENT PROJECT.—                                          the Secretary of the Army, by not later than                       POTENTIAL WILDERNESS BOUND-
                                               (1) IN GENERAL.—The Secretary shall con-              1 year after the date of enactment of this                         ARY ADJUSTMENT.
                                             duct a restoration and enhancement project              Act and periodically thereafter, as appro-               (a) PURPOSE.—The purpose of this section
                                             in the Historic Landscape—                              priate, a management plan for the Historic             is to provide for the ongoing maintenance




dlhill on DSKBBY8HB2PROD with SENATE
                                               (A) to improve aquatic, riparian, and wet-            Landscape for purposes of the removal ac-              and use of portions of the Trail River Ranch
                                             land conditions in and along the Eagle River            tivities described in subsection (e).                  and the associated property located within
                                             and tributaries of the Eagle River;                       (g) EFFECT.—Nothing in this section—                 Rocky Mountain National Park in Grand
                                               (B) to maintain or improve recreation and               (1) affects the jurisdiction of the State over       County in the State.
                                             interpretive opportunities and facilities; and          any water law, water right, or adjudication              (b)    BOUNDARY      ADJUSTMENT.—Section
                                               (C) to conserve historic values in the Camp           or administration relating to any water re-            1952(b) of the Omnibus Public Land Manage-
                                             Hale area.                                              source;                                                ment Act of 2009 (Public Law 111–11; 123 Stat.




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00048   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1321
                                             1070) is amended by adding at the end the fol-            (A) any new unit of special use airspace             dated September 19, 2018, is designated as the
                                             lowing:                                                 over an area described in paragraph (1); or            ‘‘Sheep Mountain Special Management
                                               ‘‘(3) BOUNDARY ADJUSTMENT.—The bound-                   (B) any military flight training or trans-           Area’’.
                                             ary of the Potential Wilderness is modified             portation over such an area.                             (2) LIBERTY BELL EAST SPECIAL MANAGE-
                                             to exclude the area comprising approxi-                   (g) SENSE OF CONGRESS.—It is the sense of            MENT AREA.—The Federal land in the Grand
                                             mately 15.5 acres of land identified as ‘Poten-         Congress that military aviation training on            Mesa, Uncompahgre, and Gunnison National
                                             tial Wilderness to Non-wilderness’ on the               Federal public lands in Colorado, including            Forests in the State comprising approxi-
                                             map entitled ‘Rocky Mountain National                   the training conducted at the High-Altitude            mately 792 acres, as generally depicted on
                                             Park Proposed Wilderness Area Amendment’                Army National Guard Aviation Training                  the map entitled ‘‘Proposed Liberty Bell and
                                             and dated January 16, 2018.’’.                          Site, is critical to the national security of          Last Dollar Additions to the Mt. Sneffels
                                             SEC. 4110. ADMINISTRATIVE PROVISIONS.                   the United States and the readiness of the             Wilderness, Liberty Bell East Special Man-
                                               (a) FISH AND WILDLIFE.—Nothing in this                Armed Forces.                                          agement Area’’ and dated September 6, 2018,
                                             subtitle affects the jurisdiction or responsi-                 Subtitle B—San Juan Mountains                   is designated as the ‘‘Liberty Bell East Spe-
                                             bility of the State with respect to fish and            SEC. 4201. DEFINITIONS.                                cial Management Area’’.
                                             wildlife in the State.                                    In this subtitle:                                      (b) PURPOSE.—The purpose of the Special
                                               (b) NO BUFFER ZONES.—                                   (1) COVERED LAND.—The term ‘‘covered                 Management Areas is to conserve and pro-
                                               (1) IN GENERAL.—Nothing in this subtitle or           land’’ means—                                          tect for the benefit and enjoyment of present
                                             an amendment made by this subtitle estab-                 (A) land designated as wilderness under              and future generations the geological, cul-
                                             lishes a protective perimeter or buffer zone            paragraphs (27) through (29) of section 2(a) of        tural, archaeological, paleontological, nat-
                                             around—                                                 the Colorado Wilderness Act of 1993 (16                ural, scientific, recreational, wilderness,
                                               (A) a covered area;                                   U.S.C. 1132 note; Public Law 103–77) (as added         wildlife, riparian, historical, educational,
                                               (B) a wilderness area or potential wilder-            by section 4202); and                                  and scenic resources of the Special Manage-
                                             ness area designated by section 4103;                     (B) a Special Management Area.                       ment Areas.
                                               (C) the Recreation Management Area;                     (2) SECRETARY.—The term ‘‘Secretary’’                  (c) MANAGEMENT.—
                                               (D) a Wildlife Conservation Area; or                  means the Secretary of Agriculture.                      (1) IN GENERAL.—The Secretary shall man-
                                               (E) the Historic Landscape.                             (3) SPECIAL MANAGEMENT AREA.—The term                age the Special Management Areas in a man-
                                               (2) OUTSIDE ACTIVITIES.—The fact that a               ‘‘Special Management Area’’ means each of—             ner that—
                                             nonwilderness activity or use on land outside             (A) the Sheep Mountain Special Manage-                 (A) conserves, protects, and enhances the
                                             of a covered area can be seen or heard from             ment Area designated by section 4203(a)(1);            resources and values of the Special Manage-
                                             within the covered area shall not preclude              and                                                    ment Areas described in subsection (b);
                                             the activity or use outside the boundary of               (B) the Liberty Bell East Special Manage-              (B) subject to paragraph (3), maintains or
                                             the covered area.                                       ment Area designated by section 4203(a)(2).            improves the wilderness character of the
                                               (c) MAPS AND LEGAL DESCRIPTIONS.—                     SEC. 4202. ADDITIONS TO NATIONAL WILDER-               Special Management Areas and the suit-
                                               (1) IN GENERAL.—As soon as practicable                           NESS PRESERVATION SYSTEM.                   ability of the Special Management Areas for
                                             after the date of enactment of this Act, the              Section 2(a) of the Colorado Wilderness Act          potential inclusion in the National Wilder-
                                             Secretary shall file maps and legal descrip-            of 1993 (16 U.S.C. 1132 note; Public Law 103–          ness Preservation System; and
                                             tions of each area described in subsection              77) (as amended by section 4102(a)(2)) is                (C) is in accordance with—
                                             (b)(1) with—                                            amended by adding at the end the following:              (i) the National Forest Management Act of
                                               (A) the Committee on Natural Resources of               ‘‘(27) LIZARD HEAD WILDERNESS ADDITION.—             1976 (16 U.S.C. 1600 et seq.);
                                             the House of Representatives; and                       Certain Federal land in the Grand Mesa,                  (ii) this subtitle; and
                                               (B) the Committee on Energy and Natural               Uncompahgre, and Gunnison National For-                  (iii) any other applicable laws.
                                             Resources of the Senate.                                ests comprising approximately 3,141 acres, as            (2) PROHIBITIONS.—The following shall be
                                               (2) FORCE OF LAW.—Each map and legal de-              generally depicted on the map entitled ‘Pro-           prohibited in the Special Management Areas:
                                             scription filed under paragraph (1) shall have          posed Wilson, Sunshine, Black Face and San               (A) Permanent roads.
                                             the same force and effect as if included in             Bernardo Additions to the Lizard Head Wil-               (B) Except as necessary to meet the min-
                                             this subtitle, except that the Secretary may            derness’ and dated September 6, 2018, which            imum requirements for the administration
                                             correct any typographical errors in the maps            is incorporated in, and shall be administered          of the Federal land, to provide access for
                                             and legal descriptions.                                 as part of, the Lizard Head Wilderness.                abandoned mine cleanup, and to protect pub-
                                               (3) PUBLIC AVAILABILITY.—Each map and                   ‘‘(28) MOUNT SNEFFELS WILDERNESS ADDI-               lic health and safety—
                                             legal description filed under paragraph (1)             TIONS.—                                                  (i) the use of motor vehicles, motorized
                                             shall be on file and available for public in-             ‘‘(A) LIBERTY BELL AND LAST DOLLAR ADDI-             equipment, or mechanical transport (other
                                             spection in the appropriate offices of the              TIONS.—Certain Federal land in the Grand               than as provided in paragraph (3)); and
                                             Forest Service.                                         Mesa, Uncompahgre, and Gunnison National                 (ii) the establishment of temporary roads.
                                               (d) ACQUISITION OF LAND.—                             Forests comprising approximately 7,235                   (3) AUTHORIZED ACTIVITIES.—
                                               (1) IN GENERAL.—The Secretary may ac-                 acres, as generally depicted on the map enti-            (A) IN GENERAL.—The Secretary may allow
                                             quire any land or interest in land within the           tled ‘Proposed Liberty Bell and Last Dollar            any activities (including helicopter access
                                             boundaries of an area described in subsection           Additions to the Mt. Sneffels Wilderness,              for recreation and maintenance and the com-
                                             (b)(1) only through exchange, donation, or              Liberty Bell East Special Management Area’             petitive running event permitted since 1992)
                                             purchase from a willing seller.                         and dated September 6, 2018, which is incor-           that have been authorized by permit or li-
                                               (2) MANAGEMENT.—Any land or interest in               porated in, and shall be administered as part          cense as of the date of enactment of this Act
                                             land acquired under paragraph (1) shall be in-          of, the Mount Sneffels Wilderness.                     to continue within the Special Management
                                             corporated into, and administered as a part               ‘‘(B) WHITEHOUSE ADDITIONS.—Certain Fed-             Areas, subject to such terms and conditions
                                             of, the wilderness area, Recreation Manage-             eral land in the Grand Mesa, Uncompahgre,              as the Secretary may require.
                                             ment Area, Wildlife Conservation Area, or               and Gunnison National Forests comprising                 (B) PERMITTING.—The designation of the
                                             Historic Landscape, as applicable, in which             approximately 12,465 acres, as generally de-           Special Management Areas by subsection (a)
                                             the land or interest in land is located.                picted on the map entitled ‘Proposed White-            shall not affect the issuance of permits relat-
                                               (e) WITHDRAWAL.—Subject to valid rights               house Additions to the Mt. Sneffels Wilder-            ing to the activities covered under subpara-
                                             in existence on the date of enactment of this           ness’ and dated September 6, 2018, which is            graph (A) after the date of enactment of this
                                             Act, the areas described in subsection (b)(1)           incorporated in, and shall be administered as          Act.
                                             are withdrawn from—                                     part of, the Mount Sneffels Wilderness.                  (C) BICYCLES.—The Secretary may permit
                                               (1) entry, appropriation, and disposal under            ‘‘(29) MCKENNA PEAK WILDERNESS.—Certain              the use of bicycles in—
                                             the public land laws;                                   Federal land in the State of Colorado com-               (i) the portion of the Sheep Mountain Spe-
                                               (2) location, entry, and patent under min-            prising approximately 8,884 acres of Bureau            cial Management Area identified as ‘‘Ophir
                                             ing laws; and                                           of Land Management land, as generally de-              Valley Area’’ on the map entitled ‘‘Proposed
                                               (3) operation of the mineral leasing, min-            picted on the map entitled ‘Proposed McKen-            Sheep Mountain Special Management Area’’
                                             eral materials, and geothermal leasing laws.            na Peak Wilderness Area’ and dated Sep-                and dated September 19, 2018; and
                                               (f) MILITARY OVERFLIGHTS.—Nothing in                  tember 18, 2018, to be known as the ‘McKenna             (ii) the portion of the Liberty Bell East
                                             this subtitle or an amendment made by this              Peak Wilderness’.’’.                                   Special Management Area identified as ‘‘Lib-
                                             subtitle restricts or precludes—                        SEC. 4203. SPECIAL MANAGEMENT AREAS.                   erty Bell Corridor’’ on the map entitled
                                               (1) any low-level overflight of military air-           (a) DESIGNATION.—                                    ‘‘Proposed Liberty Bell and Last Dollar Ad-




dlhill on DSKBBY8HB2PROD with SENATE
                                             craft over any area subject to this subtitle or           (1) SHEEP MOUNTAIN SPECIAL MANAGEMENT                ditions to the Mt. Sneffels Wilderness, Lib-
                                             an amendment made by this subtitle, includ-             AREA.—The Federal land in the Grand Mesa,              erty Bell East Special Management Area’’
                                             ing military overflights that can be seen,              Uncompahgre, and Gunnison and San Juan                 and dated September 6, 2018.
                                             heard, or detected within such an area;                 National Forests in the State comprising ap-             (d) APPLICABLE LAW.—Water and water
                                               (2) flight testing or evaluation over an area         proximately 21,663 acres, as generally de-             rights in the Special Management Areas
                                             described in paragraph (1); or                          picted on the map entitled ‘‘Proposed Sheep            shall be administered in accordance with
                                               (3) the use or establishment of—                      Mountain Special Management Area’’ and                 section 8 of the Colorado Wilderness Act of




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00049   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             S1322                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             1993 (Public Law 103–77; 107 Stat. 762), except         scription of each wilderness area designated           Divide area from mineral and other disposal
                                             that, for purposes of this title—                       by paragraphs (27) through (29) of section 2(a)        laws; and
                                               (1) any reference contained in that section           of the Colorado Wilderness Act of 1993 (16               (2) to promote the capture of fugitive
                                             to ‘‘the lands designated as wilderness by              U.S.C. 1132 note; Public Law 103–77) (as added         methane emissions that would otherwise be
                                             this Act’’, ‘‘the Piedra, Roubideau, and                by section 4202) and the Special Management            emitted into the atmosphere—
                                             Tabeguache areas identified in section 9 of             Areas with—                                              (A) to reduce methane gas emissions; and
                                             this Act, or the Bowen Gulch Protection                   (A) the Committee on Natural Resources of              (B) to provide—
                                             Area or the Fossil Ridge Recreation Manage-             the House of Representatives; and                        (i) new renewable electricity supplies and
                                             ment Area identified in sections 5 and 6 of               (B) the Committee on Energy and Natural              other beneficial uses of fugitive methane
                                             this Act’’, or ‘‘the areas described in sections        Resources of the Senate.                               emissions; and
                                             2, 5, 6, and 9 of this Act’’ shall be considered          (2) FORCE OF LAW.—Each map and legal de-               (ii) increased royalties for taxpayers.
                                             to be a reference to ‘‘the Special Manage-              scription filed under paragraph (1) shall have         SEC. 4302. DEFINITIONS.
                                             ment Areas’’; and                                       the same force and effect as if included in
                                               (2) any reference contained in that section           this subtitle, except that the Secretary or              In this subtitle:
                                             to ‘‘this Act’’ shall be considered to be a ref-        the Secretary of the Interior, as appropriate,           (1) FUGITIVE METHANE EMISSIONS.—The
                                             erence to ‘‘title IV of the American Energy             may correct any typographical errors in the            term ‘‘fugitive methane emissions’’ means
                                             Innovation Act of 2020’’.                               maps and legal descriptions.                           methane gas from those Federal lands in
                                             SEC. 4204. RELEASE OF WILDERNESS STUDY                    (3) PUBLIC AVAILABILITY.—Each map and                Garfield, Gunnison, Delta, or Pitkin County
                                                        AREAS.                                       legal description filed under paragraph (1)            in the State generally depicted on the pilot
                                               (a) DOMINGUEZ CANYON WILDERNESS STUDY                 shall be on file and available for public in-          program map as ‘‘Fugitive Coal Mine Meth-
                                             AREA.—Subtitle E of title II of Public Law              spection in the appropriate offices of the Bu-         ane Use Pilot Program Area’’ that would
                                             111–11 is amended—                                      reau of Land Management and the Forest                 leak or be vented into the atmosphere from
                                               (1) by redesignating section 2408 (16 U.S.C.          Service.                                               an active, inactive or abandoned under-
                                             460zzz–7) as section 2409; and                            (d) ACQUISITION OF LAND.—                            ground coal mine.
                                               (2) by inserting after section 2407 (16 U.S.C.          (1) IN GENERAL.—The Secretary or the Sec-              (2) PILOT PROGRAM.—The term ‘‘pilot pro-
                                             460zzz–6) the following:                                retary of the Interior, as appropriate, may            gram’’ means the Greater Thompson Divide
                                                                                                     acquire any land or interest in land within            Fugitive Coal Mine Methane Use Pilot Pro-
                                             ‘‘SEC. 2408. RELEASE.
                                                                                                     the boundaries of a Special Management                 gram established by section 4305(a)(1).
                                                ‘‘(a) IN GENERAL.—Congress finds that, for
                                                                                                     Area or the wilderness designated under                  (3) PILOT PROGRAM MAP.—The term ‘‘pilot
                                             the purposes of section 603(c) of the Federal
                                                                                                     paragraphs (27) through (29) of section 2(a) of        program map’’ means the map entitled
                                             Land Policy and Management Act of 1976 (43
                                                                                                     the Colorado Wilderness Act of 1993 (16                ‘‘Greater Thompson Divide Fugitive Coal
                                             U.S.C.     1782(c)),  the   portions    of   the
                                                                                                     U.S.C. 1132 note; Public Law 103–77) (as added         Mine Methane Use Pilot Program Area’’ and
                                             Dominguez Canyon Wilderness Study Area
                                                                                                     by section 4202) only through exchange, do-            dated June 17, 2019.
                                             not designated as wilderness by this subtitle
                                                                                                     nation, or purchase from a willing seller.               (4) SECRETARY.—The term ‘‘Secretary’’
                                             have been adequately studied for wilderness
                                                                                                       (2) MANAGEMENT.—Any land or interest in              means the Secretary of the Interior.
                                             designation.
                                                                                                     land acquired under paragraph (1) shall be in-           (5) THOMPSON DIVIDE LEASE.—
                                               ‘‘(b) RELEASE.—Any public land referred to
                                                                                                     corporated into, and administered as a part              (A) IN GENERAL.—The term ‘‘Thompson Di-
                                             in subsection (a) that is not designated as
                                                                                                     of, the wilderness or Special Management               vide lease’’ means any oil or gas lease in ef-
                                             wilderness by this subtitle—
                                                                                                     Area in which the land or interest in land is          fect on the date of enactment of this Act
                                               ‘‘(1) is no longer subject to section 603(c) of
                                                                                                     located.                                               within the Thompson Divide Withdrawal and
                                             the Federal Land Policy and Management
                                                                                                       (e) GRAZING.—The grazing of livestock on             Protection Area.
                                             Act of 1976 (43 U.S.C. 1782(c)); and
                                                                                                     covered land, if established before the date of          (B) EXCLUSIONS.—The term ‘‘Thompson Di-
                                               ‘‘(2) shall be managed in accordance with
                                                                                                     enactment of this Act, shall be permitted to           vide lease’’ does not include any oil or gas
                                             this subtitle and any other applicable laws.’’.
                                                                                                     continue subject to such reasonable regula-            lease that—
                                               (b) MCKENNA PEAK WILDERNESS STUDY
                                                                                                     tions as are considered to be necessary by               (i) is associated with a Wolf Creek Storage
                                             AREA.—
                                                                                                     the Secretary with jurisdiction over the cov-          Field development right; or
                                               (1) IN GENERAL.—Congress finds that, for
                                                                                                     ered land, in accordance with—                           (ii) before the date of enactment of this
                                             the purposes of section 603(c) of the Federal
                                                                                                       (1) section 4(d)(4) of the Wilderness Act (16        Act, has expired, been cancelled, or other-
                                             Land Policy and Management Act of 1976 (43
                                                                                                     U.S.C. 1133(d)(4)); and                                wise terminated.
                                             U.S.C. 1782(c)), the portions of the McKenna
                                                                                                       (2) the applicable guidelines set forth in             (6) THOMPSON DIVIDE MAP.—The term
                                             Peak Wilderness Study Area in San Miguel
                                                                                                     Appendix A of the report of the Committee              ‘‘Thompson Divide map’’ means the map en-
                                             County in the State not designated as wil-
                                                                                                     on Interior and Insular Affairs of the House           titled ‘‘Greater Thompson Divide Area Map’’
                                             derness by paragraph (29) of section 2(a) of
                                                                                                     of Representatives accompanying H.R. 2570              and dated June 13, 2019.
                                             the Colorado Wilderness Act of 1993 (16
                                                                                                     of the 101st Congress (H. Rept. 101–405) or              (7) THOMPSON DIVIDE WITHDRAWAL AND PRO-
                                             U.S.C. 1132 note; Public Law 103–77) (as added
                                                                                                     H.R. 5487 of the 96th Congress (H. Rept. 96–           TECTION AREA.—The term ‘‘Thompson Divide
                                             by section 4202) have been adequately studied
                                                                                                     617).                                                  Withdrawal and Protection Area’’ means the
                                             for wilderness designation.
                                                                                                       (f) FIRE, INSECTS, AND DISEASES.—In ac-              Federal land and minerals generally depicted
                                               (2) RELEASE.—Any public land referred to
                                                                                                     cordance with section 4(d)(1) of the Wilder-           on the Thompson Divide map as the
                                             in paragraph (1) that is not designated as
                                                                                                     ness Act (16 U.S.C. 1133(d)(1)), the Secretary         ‘‘Thompson Divide Withdrawal and Protec-
                                             wilderness by paragraph (29) of section 2(a) of
                                                                                                     with jurisdiction over a wilderness area des-          tion Area’’.
                                             the Colorado Wilderness Act of 1993 (16
                                                                                                     ignated by paragraphs (27) through (29) of               (8) WOLF CREEK STORAGE FIELD DEVELOP-
                                             U.S.C. 1132 note; Public Law 103–77) (as added
                                                                                                     section 2(a) of the Colorado Wilderness Act            MENT RIGHT.—
                                             by section 4202)—
                                                                                                     of 1993 (16 U.S.C. 1132 note; Public Law 103–            (A) IN GENERAL.—The term ‘‘Wolf Creek
                                               (A) is no longer subject to section 603(c) of
                                                                                                     77) (as added by section 4202) may carry out           Storage Field development right’’ means a
                                             the Federal Land Policy and Management
                                                                                                     any activity in the wilderness area that the           development right for any of the Federal
                                             Act of 1976 (43 U.S.C. 1782(c)); and
                                                                                                     Secretary determines to be necessary for the           mineral leases numbered COC 007496, COC
                                               (B) shall be managed in accordance with
                                                                                                     control of fire, insects, and diseases, subject        007497, COC 007498, COC 007499, COC 007500,
                                             applicable laws.
                                                                                                     to such terms and conditions as the Sec-               COC 007538, COC 008128, COC 015373, COC
                                             SEC. 4205. ADMINISTRATIVE PROVISIONS.
                                                                                                     retary determines to be appropriate.                   0128018, COC 051645, and COC 051646, and gen-
                                               (a) FISH AND WILDLIFE.—Nothing in this                                                                       erally depicted on the Thompson Divide map
                                                                                                       (g) WITHDRAWAL.—Subject to valid rights
                                             subtitle affects the jurisdiction or responsi-                                                                 as ‘‘Wolf Creek Storage Agreement’’.
                                                                                                     in existence on the date of enactment of this
                                             bility of the State with respect to fish and                                                                     (B) EXCLUSIONS.—The term ‘‘Wolf Creek
                                                                                                     Act, the covered land and the approximately
                                             wildlife in the State.                                                                                         Storage Field development right’’ does not
                                                                                                     6,590 acres generally depicted on the map en-
                                               (b) NO BUFFER ZONES.—                                                                                        include any storage right or related activity
                                                                                                     titled ‘‘Proposed Naturita Canyon Mineral
                                               (1) IN GENERAL.—Nothing in this subtitle                                                                     within the area described in subparagraph
                                                                                                     Withdrawal Area’’ and dated September 6,
                                             establishes a protective perimeter or buffer                                                                   (A).
                                                                                                     2018, is withdrawn from—
                                             zone around covered land.
                                                                                                       (1) entry, appropriation, and disposal under         SEC. 4303. THOMPSON DIVIDE WITHDRAWAL AND
                                               (2) ACTIVITIES OUTSIDE WILDERNESS.—The
                                                                                                     the public land laws;                                              PROTECTION AREA.
                                             fact that a nonwilderness activity or use on
                                                                                                       (2) location, entry, and patent under min-
                                             land outside of the covered land can be seen                                                                     (a) WITHDRAWAL.—Subject to valid existing
                                                                                                     ing laws; and
                                             or heard from within covered land shall not                                                                    rights, the Thompson Divide Withdrawal and




dlhill on DSKBBY8HB2PROD with SENATE
                                                                                                       (3) operation of the mineral leasing, min-
                                             preclude the activity or use outside the                                                                       Protection Area is withdrawn from—
                                                                                                     eral materials, and geothermal leasing laws.
                                             boundary of the covered land.                                                                                    (1) entry, appropriation, and disposal under
                                               (c) MAPS AND LEGAL DESCRIPTIONS.—                              Subtitle C—Thompson Divide                    the public land laws;
                                               (1) IN GENERAL.—As soon as practicable                SEC. 4301. PURPOSES.                                     (2) location, entry, and patent under the
                                             after the date of enactment of this Act, the              The purposes of this subtitle are—                   mining laws; and
                                             Secretary or the Secretary of the Interior, as            (1) subject to valid existing rights, to with-         (3) operation of the mineral leasing, min-
                                             appropriate, shall file a map and a legal de-           draw certain Federal land in the Thompson              eral materials, and geothermal leasing laws.




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00050   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1323
                                               (b) SURVEYS.—The exact acreage and legal                (1) CONVEYANCE TO SECRETARY.—As a condi-               (3) CONTENTS.—The inventory under para-
                                             description of the Thompson Divide With-                tion precedent to the relinquishment of a              graph (1) shall include—
                                             drawal and Protection Area shall be deter-              Thompson Divide lease, any leaseholder with              (A) the general location and geographic co-
                                             mined by surveys approved by the Secretary,             a Wolf Creek Storage Field development                 ordinates of each vent, seep, or other source
                                             in consultation with the Secretary of Agri-             right shall permanently relinquish, transfer,          producing significant fugitive methane emis-
                                             culture.                                                and otherwise convey to the Secretary, in a            sions;
                                               (c) GRAZING.—The grazing of livestock on              form acceptable to the Secretary, all Wolf               (B) an estimate of the volume and con-
                                             covered land, if established before the date of         Creek Storage Field development rights of              centration of fugitive methane emissions
                                             enactment of this Act, shall be allowed to              the leaseholder.                                       from each source of significant fugitive
                                             continue subject to such reasonable regula-               (2) LIMITATION OF TRANSFER.—An interest              methane emissions including details of
                                             tions as are considered to be necessary by              acquired by the Secretary under paragraph              measurements taken and the basis for that
                                             the Secretary with jurisdiction over the cov-           (1)—                                                   emissions estimate;
                                             ered land.                                                (A) shall be held in perpetuity; and                   (C) an estimate of the total volume of fugi-
                                             SEC. 4304. THOMPSON DIVIDE LEASE EXCHANGE.                (B) shall not be—                                    tive methane emissions each year;
                                               (a) IN GENERAL.—In exchange for the relin-              (i) transferred;                                       (D) relevant data and other information
                                             quishment by a leaseholder of all Thompson                (ii) reissued; or                                    available from—
                                             Divide leases of the leaseholder, the Sec-                (iii) otherwise used for mineral extraction.           (i) the Environmental Protection Agency;
                                             retary may issue to the leaseholder credits             SEC. 4305. GREATER THOMPSON DIVIDE FUGI-                 (ii) the Mine Safety and Health Adminis-
                                             for any bid, royalty, or rental payment due                         TIVE COAL MINE METHANE USE                 tration;
                                             under any Federal oil or gas lease on Federal                       PILOT PROGRAM.
                                                                                                                                                              (iii) Colorado Department of Natural Re-
                                             land in the State, in accordance with sub-                (a) FUGITIVE COAL MINE METHANE USE                   sources;
                                             section (b).                                            PILOT PROGRAM.—
                                                                                                                                                              (iv) Colorado Public Utility Commission;
                                               (b) AMOUNT OF CREDITS.—                                 (1) ESTABLISHMENT.—There is established
                                                                                                                                                              (v) Colorado Department of Health and En-
                                               (1) IN GENERAL.—Subject to paragraph (2),             in the Bureau of Land Management a pilot
                                                                                                                                                            vironment; and
                                             the amount of the credits issued to a lease-            program, to be known as the ‘‘Greater
                                                                                                                                                              (vi) Office of Surface Mining Reclamation
                                             holder of a Thompson Divide lease relin-                Thompson Divide Fugitive Coal Mine Meth-
                                                                                                                                                            and Enforcement; and
                                             quished under subsection (a) shall—                     ane Use Pilot Program’’.
                                                                                                                                                              (E) such other information as may be use-
                                               (A) be equal to the sum of—                             (2) PURPOSE.—The purpose of the pilot pro-
                                                                                                                                                            ful in advancing the purposes of the pilot
                                               (i) the amount of the bonus bids paid for             gram is to promote the capture, beneficial
                                                                                                                                                            program.
                                             the applicable Thompson Divide leases;                  use, mitigation, and sequestration of fugitive
                                                                                                     methane emissions—                                       (4) PUBLIC PARTICIPATION; DISCLOSURE.—
                                               (ii) the amount of any rental paid for the                                                                     (A) PUBLIC PARTICIPATION.—The Secretary
                                             applicable Thompson Divide leases as of the               (A) to reduce methane emissions;
                                                                                                       (B) to promote economic development;                 shall provide opportunities for public par-
                                             date on which the leaseholder submits to the                                                                   ticipation in the inventory under this sub-
                                             Secretary a notice of the decision to relin-              (C) to produce bid and royalty revenues;
                                                                                                       (D) to improve air quality; and                      section.
                                             quish the applicable Thompson Divide leases;                                                                     (B) AVAILABILITY.—The Secretary shall
                                             and                                                       (E) to improve public safety.
                                                                                                       (3) PLAN.—                                           make the inventory under this subsection
                                               (iii) the amount of any expenses incurred                                                                    publicly available.
                                             by the leaseholder of the applicable Thomp-               (A) IN GENERAL.—Not later than 180 days
                                                                                                     after the date of enactment of this Act, the             (C) DISCLOSURE.—Nothing in this sub-
                                             son Divide leases in the preparation of any                                                                    section requires the Secretary to publicly re-
                                             drilling permit, sundry notice, or other re-            Secretary shall develop a plan—
                                                                                                       (i) to complete an inventory of fugitive             lease information that—
                                             lated submission in support of the develop-                                                                      (i) poses a threat to public safety;
                                             ment of the applicable Thompson Divide                  methane emissions in accordance with sub-
                                                                                                     section (b);                                             (ii) is confidential business information; or
                                             leases as of January 28, 2019, including any                                                                     (iii) is otherwise protected from public dis-
                                             expenses relating to the preparation of any               (ii) to provide for the leasing of fugitive
                                                                                                     methane emissions in accordance with sub-              closure.
                                             analysis under the National Environmental                                                                        (5) USE.—The Secretary shall use the in-
                                             Policy Act of 1969 (42 U.S.C. 4321 et seq.); and        section (c); and
                                                                                                       (iii) to provide for the capping or destruc-         ventory in carrying out—
                                               (B) require the approval of the Secretary.                                                                     (A) the leasing program under subsection
                                               (2) EXCLUSION.—The amount of a credit                 tion of fugitive methane emissions in accord-
                                                                                                     ance with subsection (d).                              (c); and
                                             issued under subsection (a) shall not include                                                                    (B) the capping or destruction of fugitive
                                             any expenses paid by the leaseholder of a                 (B) COORDINATION.—In developing the plan
                                                                                                     under this paragraph, the Secretary shall co-          methane emissions under subsection (d).
                                             Thompson Divide lease for legal fees or re-
                                             lated expenses for legal work with respect to           ordinate with—                                           (c) FUGITIVE METHANE EMISSION LEASING
                                             a Thompson Divide lease.                                  (i) the State;                                       PROGRAM.—
                                               (c) CANCELLATION.—Effective on relinquish-              (ii) Garfield, Gunnison, Delta, and Pitkin             (1) IN GENERAL.—Subject to valid existing
                                             ment under this section, and without any ad-            Counties in the State;                                 rights and in accordance with this section,
                                             ditional action by the Secretary, a Thomp-                (iii) lessees of Federal coal within the             not later than 1 year after the date of com-
                                             son Divide lease—                                       counties referred to in clause (ii);                   pletion of the inventory required under sub-
                                               (1) shall be permanently cancelled; and                 (iv) interested institutions of higher edu-          section (b), the Secretary shall carry out a
                                               (2) shall not be reissued.                            cation in the State; and                               program to encourage the use and destruc-
                                               (d) CONDITIONS.—                                        (v) interested members of the public.                tion of fugitive methane emissions.
                                               (1) APPLICABLE LAW.—Except as otherwise                 (b) FUGITIVE METHANE EMISSION INVEN-                   (2) FUGITIVE METHANE EMISSIONS FROM COAL
                                             provided in this section, each exchange                 TORY.—                                                 MINES SUBJECT TO LEASE.—
                                             under this section shall be conducted in ac-              (1) IN GENERAL.—Not later than 1 year after            (A) IN GENERAL.—The Secretary shall au-
                                             cordance with—                                          the date of enactment of this Act, the Sec-            thorize the holder of a valid existing Federal
                                               (A) this title; and                                   retary shall complete an inventory of fugi-            coal lease for a mine that is producing fugi-
                                               (B) other applicable laws (including regula-          tive methane emissions.                                tive methane emissions to capture for use, or
                                             tions).                                                   (2) CONDUCT.—The Secretary may conduct               destroy by flaring, the fugitive methane
                                               (2) ACCEPTANCE OF CREDITS.—The Secretary              the inventory under paragraph (1) through,             emissions.
                                             shall accept credits issued under subsection            or in collaboration with—                                (B) CONDITIONS.—The authority under sub-
                                             (a) in the same manner as cash for the pay-               (A) the Bureau of Land Management;                   paragraph (A) shall be—
                                             ments described in that subsection.                       (B) the United States Geological Survey;               (i) subject to valid existing rights; and
                                               (3) APPLICABILITY.—The use of a credit                  (C) the Environmental Protection Agency;               (ii) subject to such terms and conditions as
                                             issued under subsection (a) shall be subject              (D) the United States Forest Service;                the Secretary may require.
                                             to the laws (including regulations) applica-              (E) State departments or agencies;                     (C) LIMITATIONS.—The program carried out
                                             ble to the payments described in that sub-                (F) Garfield, Gunnison, Delta, or Pitkin             under paragraph (1) shall only include fugi-
                                             section, to the extent that the laws are con-           County in the State;                                   tive methane emissions that can be captured
                                             sistent with this section.                                (G) the Garfield County Federal Mineral              for use, or destroyed by flaring, in a manner
                                               (4) TREATMENT OF CREDITS.—All amounts in              Lease District;                                        that does not—
                                             the form of credits issued under subsection               (H) institutions of higher education in the            (i) endanger the safety of any coal mine
                                             (a) accepted by the Secretary shall be con-             State;                                                 worker; or
                                             sidered to be amounts received for the pur-               (I) lessees of Federal coal within a county            (ii) unreasonably interfere with any ongo-




dlhill on DSKBBY8HB2PROD with SENATE
                                             poses of—                                               referred to in subparagraph (F);                       ing operation at a coal mine.
                                               (A) section 35 of the Mineral Leasing Act               (J) the National Oceanic and Atmospheric               (D) COOPERATION.—
                                             (30 U.S.C. 191); and                                    Administration;                                          (i) IN GENERAL.—The Secretary shall work
                                               (B) section 20 of the Geothermal Steam Act              (K) the National Center for Atmospheric              cooperatively with the holders of valid exist-
                                             of 1970 (30 U.S.C. 1019).                               Research; or                                           ing Federal coal leases for mines that
                                               (e) WOLF CREEK STORAGE FIELD DEVELOP-                   (L) other interested entities, including             produce fugitive methane emissions to en-
                                             MENT RIGHTS.—                                           members of the public.                                 courage—




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00051   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             S1324                                             CONGRESSIONAL RECORD — SENATE                                                           March 3, 2020
                                               (I) the capture of fugitive methane emis-             methane emissions to be put to beneficial              in the appropriate offices of the National
                                             sions for beneficial use, such as generating            use or flared by not later than 1 year after           Park Service.
                                             electrical power, producing usable heat,                the date of issuance of the lease.                       (c) ADMINISTRATION.—
                                             transporting the methane to market, trans-                (F) ROYALTY RATE.—The Secretary shall                  (1) IN GENERAL.—The Secretary shall ad-
                                             forming the fugitive methane emissions into             develop a minimum bid and royalty rate for             minister the National Recreation Area in ac-
                                             a different marketable material; or                     leases under this paragraph to advance the             cordance with—
                                               (II) if the beneficial use of the fugitive            purposes of this section, to the maximum ex-             (A) this subtitle; and
                                             methane emissions is not feasible, the de-              tent practicable.                                        (B) the laws (including regulations) gen-
                                             struction of the fugitive methane emissions               (d) SEQUESTRATION.—If, by not later than 4           erally applicable to units of the National
                                             by flaring.                                             years after the date of enactment of this              Park System, including section 100101(a),
                                               (ii) GUIDANCE.—In furtherance of the pur-             Act, any significant fugitive methane emis-            chapter 1003, and sections 100751(a), 100752,
                                             poses of this paragraph, not later than 1 year          sions from abandoned coal mines on Federal             100753, and 102101 of title 54, United States
                                             after the date of enactment of this Act, the            land are not leased under subsection (c)(3),           Code.
                                             Secretary shall issue guidance for the imple-           the Secretary shall, in accordance with ap-              (2) DAM, POWER PLANT, AND RESERVOIR MAN-
                                             mentation of Federal authorities and pro-               plicable law, take all reasonable measures—            AGEMENT AND OPERATIONS.—
                                             grams to encourage the capture for use, or                (1) to cap those fugitive methane emissions            (A) IN GENERAL.—Nothing in this subtitle
                                             destruction by flaring, of fugitive methane             at the source in any case in which the cap             affects or interferes with the authority of
                                             emissions while minimizing impacts on nat-              will result in the long-term sequestration of          the Secretary—
                                             ural resources or other public interest val-            all or a significant portion of the fugitive             (i) to operate the Uncompahgre Valley
                                             ues.                                                    methane emissions; or                                  Reclamation Project under the reclamation
                                               (E) ROYALTIES.—The Secretary shall deter-               (2) if sequestration under paragraph (1) is          laws;
                                             mine whether any fugitive methane emis-                 not feasible, destroy the fugitive methane               (ii) to operate the Wayne N. Aspinall Unit
                                             sions used or destroyed pursuant to this                emissions by flaring.                                  of the Colorado River Storage Project under
                                             paragraph are subject to the payment of a                 (e) REPORT TO CONGRESS.—Not later than 4             the Act of April 11, 1956 (commonly known as
                                             royalty under applicable law.                           years after the date of enactment of this Act          the ‘‘Colorado River Storage Project Act’’)
                                               (3) FUGITIVE METHANE EMISSIONS FROM                   the Secretary shall submit to the Committee
                                             ABANDONED COAL MINES.—
                                                                                                                                                            (43 U.S.C. 620 et seq.); or
                                                                                                     on Natural Resources of the House of Rep-                (iii) under the Federal Water Project
                                               (A) IN GENERAL.—Except as otherwise pro-              resentatives and the Committee on Energy
                                             vided in this section, notwithstanding sec-                                                                    Recreation Act (16 U.S.C. 460l–12 et seq.).
                                                                                                     and Natural Resources of the Senate a report             (B) RECLAMATION LAND.—
                                             tion 4303, subject to valid existing rights,            detailing—
                                             and in accordance with section 21 of the Min-                                                                    (i) SUBMISSION OF REQUEST TO RETAIN AD-
                                                                                                       (1) the economic and environmental im-               MINISTRATIVE JURISDICTION.—If, before the
                                             eral Leasing Act (30 U.S.C. 241) and any other          pacts of the pilot program, including infor-
                                             applicable law, the Secretary shall—                                                                           date that is 1 year after the date of enact-
                                                                                                     mation on increased royalties and estimates            ment of this Act, the Commissioner of Rec-
                                               (i) authorize the capture for use, or de-             of avoided greenhouse gas emissions; and
                                             struction by flaring, of fugitive methane                                                                      lamation submits to the Secretary a request
                                                                                                       (2) any recommendations by the Secretary             for the Commissioner of Reclamation to re-
                                             emissions from abandoned coal mines on                  on whether the pilot program could be ex-
                                             Federal land; and                                                                                              tain administrative jurisdiction over the
                                                                                                     panded geographically to include other sig-            minimum quantity of land within the land
                                               (ii) make available for leasing such fugi-            nificant sources of fugitive methane emis-
                                             tive methane emissions from abandoned coal                                                                     identified on the map as ‘‘Lands withdrawn
                                                                                                     sions from coal mines.                                 or acquired for Bureau of Reclamation
                                             mines on Federal land as the Secretary con-             SEC. 4306. EFFECT.
                                             siders to be in the public interest.                                                                           projects’’ that the Commissioner of Rec-
                                                                                                       Except as expressly provided in this sub-            lamation identifies as necessary for the ef-
                                               (B) SOURCE.—To the maximum extent prac-
                                                                                                     title, nothing in this subtitle—                       fective operation of Bureau of Reclamation
                                             ticable, the Secretary shall offer for lease
                                                                                                       (1) expands, diminishes, or impairs any              water facilities, the Secretary may—
                                             each significant vent, seep, or other source
                                                                                                     valid existing mineral leases, mineral inter-            (I) approve, approve with modifications, or
                                             of fugitive methane emissions from aban-
                                                                                                     est, or other property rights wholly or par-           disapprove the request; and
                                             doned coal mines.
                                                                                                     tially within the Thompson Divide With-                  (II) if the request is approved under sub-
                                               (C) BID QUALIFICATIONS.—A bid to lease fu-
                                                                                                     drawal and Protection Area, including access           clause (I), make any modifications to the
                                             gitive methane emissions under this para-
                                                                                                     to the leases, interests, rights, or land in ac-       map that are necessary to reflect that the
                                             graph shall specify whether the prospective
                                             lessee intends—                                         cordance with applicable Federal, State, and           Commissioner of Reclamation retains man-
                                               (i) to capture the fugitive methane emis-             local laws (including regulations);                    agement authority over the minimum quan-
                                             sions for beneficial use, such as generating              (2) prevents the capture of methane from             tity of land required to fulfill the reclama-
                                             electrical power, producing usable heat,                any active, inactive, or abandoned coal mine           tion mission.
                                             transporting the methane to market, trans-              covered by this subtitle, in accordance with             (ii) TRANSFER OF LAND.—
                                             forming the fugitive methane emissions into             applicable laws; or                                      (I) IN GENERAL.—Administrative jurisdic-
                                             a different marketable material;                          (3) prevents access to, or the development           tion over the land identified on the map as
                                               (ii) to destroy the fugitive methane emis-            of, any new or existing coal mine or lease in          ‘‘Lands withdrawn or acquired for Bureau of
                                             sions by flaring; or                                    Delta or Gunnison County in the State.                 Reclamation projects’’, as modified pursuant
                                               (iii) to employ a specific combination of—              Subtitle D—Curecanti National Recreation             to clause (i)(II), if applicable, shall be trans-
                                               (I) capturing the fugitive methane emis-                                    Area                             ferred from the Commissioner of Reclama-
                                             sions for beneficial use; and                           SEC. 4401. DEFINITIONS.                                tion to the Director of the National Park
                                               (II) destroying the fugitive methane emis-              In this subtitle:                                    Service by not later than the date that is 1
                                             sion by flaring.                                          (1) MAP.—The term ‘‘map’’ means the map              year after the date of enactment of this Act.
                                               (D) PRIORITY.—                                        entitled ‘‘Curecanti National Recreation                 (II) ACCESS TO TRANSFERRED LAND.—
                                               (i) IN GENERAL.—If there is more than one             Area, Proposed Boundary’’, numbered 616/                 (aa) IN GENERAL.—Subject to item (bb), the
                                             qualified bid for a lease under this para-              100,485C, and dated August 11, 2016.                   Commissioner of Reclamation shall retain
                                             graph, the Secretary shall select the bid that            (2) NATIONAL RECREATION AREA.—The term               access to the land transferred to the Director
                                             the Secretary determines is likely to most              ‘‘National Recreation Area’’ means the                 of the National Park Service under subclause
                                             significantly advance the public interest.              Curecanti National Recreation Area estab-              (I) for reclamation purposes, including for
                                               (ii) CONSIDERATIONS.—In determining the               lished by section 4402(a).                             the operation, maintenance, and expansion
                                             public interest under clause (i), the Sec-                (3) SECRETARY.—The term ‘‘Secretary’’                or replacement of facilities.
                                             retary shall take into consideration—                   means the Secretary of the Interior.                     (bb) MEMORANDUM OF UNDERSTANDING.—The
                                               (I) the size of the overall decrease in the           SEC. 4402. CURECANTI NATIONAL RECREATION               terms of the access authorized under item
                                             time-integrated radiative forcing of the fugi-                      AREA.                                      (aa) shall be determined by a memorandum
                                             tive methane emissions;                                   (a) ESTABLISHMENT.—Effective beginning               of understanding entered into between the
                                               (II) the impacts to other natural resource            on the earlier of the date on which the Sec-           Commissioner of Reclamation and the Direc-
                                             values, including wildlife, water, and air; and         retary approves a request under subsection             tor of the National Park Service not later
                                               (III) other public interest values, including         (c)(2)(B)(i)(I) and the date that is 1 year after      than 1 year after the date of enactment of
                                             scenic, economic, recreation, and cultural              the date of enactment of this Act, there shall         this Act.
                                             values.                                                 be established as a unit of the National Park            (3) MANAGEMENT AGREEMENTS.—
                                               (E) LEASE FORM.—                                      System the Curecanti National Recreation                 (A) IN GENERAL.—The Secretary may enter




dlhill on DSKBBY8HB2PROD with SENATE
                                               (i) IN GENERAL.—The Secretary shall de-               Area, in accordance with this title, con-              into management agreements, or modify
                                             velop and provide to prospective bidders a              sisting of approximately 50,667 acres of land          management agreements in existence on the
                                             lease form for leases issued under this para-           in the State, as generally depicted on the             date of enactment of this Act, relating to the
                                             graph.                                                  map as ‘‘Curecanti National Recreation Area            authority of the Director of the National
                                               (ii) DUE DILIGENCE.—The lease form devel-             Proposed Boundary’’.                                   Park Service, the Commissioner of Reclama-
                                             oped under clause (i) shall include terms and             (b) AVAILABILITY OF MAP.—The map shall               tion, the Director of the Bureau of Land
                                             conditions requiring the leased fugitive                be on file and available for public inspection         Management, or the Chief of the Forest




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00052   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1325
                                             Service to manage Federal land within or ad-              (B) STATE AND PRIVATE LAND.—The Sec-                 Basin upstream of the Aspinall Unit, subject
                                             jacent to the boundary of the National                  retary may, in accordance with applicable              to the condition that no existing fishing ac-
                                             Recreation Area.                                        laws, authorize grazing on land acquired               cess downstream of the Aspinall Unit shall
                                               (B) STATE LAND.—The Secretary may enter               from the State or private landowners under             be counted toward the minimum mileage re-
                                             into cooperative management agreements                  section 4403, if grazing was established before        quirement under the program.
                                             for any land administered by the State that             the date of acquisition.                                 (C) PLAN.—Not later than 1 year after the
                                             is within or adjacent to the National Recre-              (C) PRIVATE LAND.—On private land ac-                date of enactment of this Act, the Secretary
                                             ation Area, in accordance with the coopera-             quired under section 403 for the National              shall—
                                             tive management authority under section                 Recreation Area on which authorized grazing              (i) develop a plan for fulfilling the obliga-
                                             101703 of title 54, United States Code.                 is occurring before the date of enactment of           tion of the Secretary described in subpara-
                                               (4) RECREATIONAL ACTIVITIES.—                         this Act, the Secretary, in consultation with          graph (B); and
                                               (A) AUTHORIZATION.—Except as provided in              the lessee, may allow the continuation and               (ii) submit to Congress a report that—
                                             subparagraph (B), the Secretary shall allow             renewal of grazing on the land based on the              (I) includes the plan developed under
                                             boating, boating-related activities, hunting,           terms of acquisition or by agreement be-               clause (i); and
                                             and fishing in the National Recreation Area             tween the Secretary and the lessee, subject              (II) describes any progress made in the ac-
                                             in accordance with applicable Federal and               to applicable law (including regulations).             quisition of public access fishing easements
                                             State laws.                                               (D) FEDERAL LAND.—The Secretary shall—               as mitigation for the Aspinall Unit under the
                                               (B) CLOSURES; DESIGNATED ZONES.—                        (i) allow, consistent with the grazing               program.
                                               (i) IN GENERAL.—The Secretary, acting                 leases, uses, and practices in effect as of the        SEC. 4403. ACQUISITION OF LAND; BOUNDARY
                                             through the Superintendent of the National              date of enactment of this Act, the continu-                       MANAGEMENT.
                                             Recreation Area, may designate zones in                 ation and renewal of grazing on Federal land             (a) ACQUISITION.—
                                             which, and establish periods during which,              located within the boundary of the National              (1) IN GENERAL.—The Secretary may ac-
                                             no boating, hunting, or fishing shall be per-           Recreation Area on which grazing is allowed            quire any land or interest in land within the
                                             mitted in the National Recreation Area                  before the date of enactment of this Act, un-          boundary of the National Recreation Area.
                                             under subparagraph (A) for reasons of public            less the Secretary determines that grazing               (2) MANNER OF ACQUISITION.—
                                             safety, administration, or compliance with              on the Federal land would present unaccept-              (A) IN GENERAL.—Subject to subparagraph
                                             applicable laws.                                        able impacts (as defined in section 1.4.7.1 of         (B), land described in paragraph (1) may be
                                               (ii) CONSULTATION REQUIRED.—Except in                 the National Park Service document entitled            acquired under this subsection by—
                                             the case of an emergency, any closure pro-              ‘‘Management Policies 2006: The Guide to                 (i) donation;
                                             posed by the Secretary under clause (i) shall           Managing the National Park System’’) to                  (ii) purchase from willing sellers with do-
                                             not take effect until after the date on which           the natural, cultural, recreational, and sce-          nated or appropriated funds;
                                             the Superintendent of the National Recre-               nic resource values and the character of the             (iii) transfer from another Federal agency;
                                             ation Area consults with—                               land within the National Recreation Area;              or
                                               (I) the appropriate State agency respon-              and                                                      (iv) exchange.
                                             sible for hunting and fishing activities; and             (ii) retain all authorities to manage graz-            (B) STATE LAND.—Land or interests in land
                                               (II) the Board of County Commissioners in             ing in the National Recreation Area.                   owned by the State or a political subdivision
                                             each county in which the zone is proposed to              (E) TERMINATION OF LEASES.—Within the                of the State may only be acquired by pur-
                                             be designated.                                          National Recreation Area, the Secretary                chase, donation, or exchange.
                                               (5) LANDOWNER ASSISTANCE.—On the writ-                may—                                                     (b) TRANSFER OF ADMINISTRATIVE JURISDIC-
                                             ten request of an individual that owns pri-               (i) accept the voluntary termination of a            TION.—
                                             vate land located not more than 3 miles from            lease or permit for grazing; or                          (1) FOREST SERVICE LAND.—
                                             the boundary of the National Recreation                   (ii) in the case of a lease or permit vacated          (A) IN GENERAL.—Administrative jurisdic-
                                             Area, the Secretary may work in partnership             for a period of 3 or more years, terminate the         tion over the approximately 2,560 acres of
                                             with the individual to enhance the long-term            lease or permit.                                       land identified on the map as ‘‘U.S. Forest
                                             conservation of natural, cultural, rec-                   (8) WATER RIGHTS.—Nothing in this sub-               Service proposed transfer to the National
                                             reational, and scenic resources in and around           title—                                                 Park Service’’ is transferred to the Sec-
                                             the National Recreation Area—                             (A) affects any use or allocation in exist-          retary, to be administered by the Director of
                                               (A) by acquiring all or a portion of the pri-         ence on the date of enactment of this Act of           the National Park Service as part of the Na-
                                             vate land or interests in private land located          any water, water right, or interest in water;          tional Recreation Area.
                                             not more than 3 miles from the boundary of                (B) affects any vested absolute or decreed             (B) BOUNDARY ADJUSTMENT.—The boundary
                                             the National Recreation Area by purchase,               conditional water right in existence on the            of the Gunnison National Forest shall be ad-
                                             exchange, or donation, in accordance with               date of enactment of this Act, including any           justed to exclude the land transferred to the
                                             section 4403;                                           water right held by the United States;                 Secretary under subparagraph (A).
                                               (B) by providing technical assistance to                (C) affects any interstate water compact in            (2) BUREAU OF LAND MANAGEMENT LAND.—
                                             the individual, including cooperative assist-           existence on the date of enactment of this             Administrative jurisdiction over the ap-
                                             ance;                                                   Act;                                                   proximately 5,040 acres of land identified on
                                               (C) through available grant programs; and               (D) authorizes or imposes any new reserved           the map as ‘‘Bureau of Land Management
                                               (D) by supporting conservation easement               Federal water right;                                   proposed transfer to National Park Service’’
                                             opportunities.                                            (E) shall be considered to be a relinquish-          is transferred from the Director of the Bu-
                                               (6) WITHDRAWAL.—Subject to valid existing             ment or reduction of any water right re-               reau of Land Management to the Director of
                                             rights, all Federal land within the National            served or appropriated by the United States            the National Park Service, to be adminis-
                                             Recreation Area is withdrawn from—                      in the State on or before the date of enact-           tered as part of the National Recreation
                                               (A) entry, appropriation, and disposal                ment of this Act; or                                   Area.
                                             under the public land laws;                               (F) constitutes an express or implied Fed-             (3) WITHDRAWAL.—Administrative jurisdic-
                                               (B) location, entry, and patent under the             eral reservation of any water or water rights          tion over the land identified on the map as
                                             mining laws; and                                        with respect to the National Recreation                ‘‘Proposed for transfer to the Bureau of Land
                                               (C) operation of the mineral leasing, min-            area.                                                  Management, subject to the revocation of
                                             eral materials, and geothermal leasing laws.              (9) FISHING EASEMENTS.—                              Bureau of Reclamation withdrawal’’ shall be
                                               (7) GRAZING.—                                           (A) IN GENERAL.—Nothing in this subtitle             transferred to the Director of the Bureau of
                                               (A) STATE LAND SUBJECT TO A STATE GRAZ-               diminishes or alters the fish and wildlife pro-        Land Management on relinquishment of the
                                             ING LEASE.—                                             gram for the Aspinall Unit developed under             land by the Bureau of Reclamation and rev-
                                               (i) IN GENERAL.—If State land acquired                section 8 of the Act of April 11, 1956 (com-           ocation by the Bureau of Land Management
                                             under this subtitle is subject to a State graz-         monly known as the ‘‘Colorado River Stor-              of any withdrawal as may be necessary.
                                             ing lease in effect on the date of acquisition,         age Project Act’’) (70 Stat. 110, chapter 203;           (c) POTENTIAL LAND EXCHANGE.—
                                             the Secretary shall allow the grazing to con-           43 U.S.C. 620g), by the United States Fish and           (1) IN GENERAL.—The withdrawal for rec-
                                             tinue for the remainder of the term of the              Wildlife Service, the Bureau of Reclamation,           lamation purposes of the land identified on
                                             lease, subject to the related terms and condi-          and the Colorado Division of Wildlife (includ-         the map as ‘‘Potential exchange lands’’ shall
                                             tions of user agreements, including per-                ing any successor in interest to that divi-            be relinquished by the Commissioner of Rec-
                                             mitted stocking rates, grazing fee levels, ac-          sion) that provides for the acquisition of             lamation and revoked by the Director of the
                                             cess rights, and ownership and use of range             public access fishing easements as mitiga-             Bureau of Land Management and the land
                                             improvements.                                           tion for the Aspinall Unit (referred to in this        shall be transferred to the National Park




dlhill on DSKBBY8HB2PROD with SENATE
                                               (ii) ACCESS.—A lessee of State land may               paragraph as the ‘‘program’’).                         Service.
                                             continue its use of established routes within             (B) ACQUISITION OF FISHING EASEMENTS.—                 (2) EXCHANGE; INCLUSION IN NATIONAL
                                             the National Recreation Area to access State            The Secretary shall continue to fulfill the            RECREATION AREA.—On transfer of the land
                                             land for purposes of administering the lease            obligation of the Secretary under the pro-             described in paragraph (1), the transferred
                                             if the use was permitted before the date of             gram to acquire 26 miles of class 1 public             land—
                                             enactment of this Act, subject to such terms            fishing easements to provide to sportsmen                (A) may be exchanged by the Secretary for
                                             and conditions as the Secretary may require.            access for fishing within the Upper Gunnison           private land described in section 4402(c)(5)—




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00053   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             S1326                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                               (i) subject to a conservation easement re-              (iii) use National Laboratories to collect              (bb) by redesignating paragraph (3) as para-
                                             maining on the transferred land, to protect             and disseminate data to assist private enti-           graph (2).
                                             the scenic resources of the transferred land;           ties in the financing of, subscription to, and            (II) TREATMENT.—The amendment made by
                                             and                                                     operation of community solar projects.                 paragraph (2) of section 1254(b) of the Energy
                                               (ii) in accordance with the laws (including             (3) FEDERAL GOVERNMENT PARTICIPATION IN              Policy Act of 2005 (Public Law 109–58; 119
                                             regulations) and policies governing National            COMMUNITY SOLAR.—The Secretary shall ex-               Stat. 971) (as in effect on the day before the
                                             Park Service land exchanges; and                        pand the existing grant, loan, and financing           date of enactment of this Act) is void, and
                                               (B) if not exchanged under subparagraph               programs of the Department to include com-             section 112(d) of the Public Utility Regu-
                                             (A), shall be added to, and managed as a part           munity solar projects.                                 latory Policies Act of 1978 (16 U.S.C. 2622(d))
                                             of, the National Recreation Area.                         (b) ESTABLISHMENT OF COMMUNITY SOLAR                 shall be in effect as if those amendments had
                                               (d) ADDITION TO NATIONAL RECREATION                   PROGRAMS.—                                             not been enacted.
                                             AREA.—Any land within the boundary of the                 (1) IN GENERAL.—Section 111(d) of the Pub-              (C) PRIOR STATE ACTIONS.—
                                             National Recreation Area that is acquired by            lic Utility Regulatory Policies Act of 1978 (16           (i) IN GENERAL.—Section 112 of the Public
                                             the United States shall be added to, and                U.S.C. 2621(d)) is amended by adding at the            Utility Regulatory Policies Act of 1978 (16
                                             managed as a part of, the National Recre-               end the following:                                     U.S.C. 2622) is amended by adding at the end
                                             ation Area.                                               ‘‘(20) COMMUNITY SOLAR PROGRAMS.—                    the following:
                                             SEC. 4404. GENERAL MANAGEMENT PLAN.                       ‘‘(A) DEFINITIONS.—In this paragraph:                   ‘‘(g) PRIOR STATE ACTIONS.—Subsections
                                               Not later than 3 years after the date on                ‘‘(i) COMMUNITY SOLAR FACILITY.—The term             (b) and (c) shall not apply to the standard es-
                                             which funds are made available to carry out             ‘community solar facility’ means a solar               tablished by paragraph (20) of section 111(d)
                                             this subtitle, the Director of the National             photovoltaic system that—                              in the case of any electric utility in a State
                                             Park Service, in consultation with the Com-               ‘‘(I) allocates electricity to multiple elec-        if, before the date of enactment of this sub-
                                             missioner of Reclamation, shall prepare a               tric consumers of an electric utility; and             section—
                                             general management plan for the National                  ‘‘(II) is—                                              ‘‘(1) the State has implemented for the
                                             Recreation Area in accordance with section                ‘‘(aa) connected to a local distribution fa-         electric utility the standard (or a com-
                                             100502 of title 54, United States Code.                 cility of the electric utility;                        parable standard);
                                             SEC. 4405. BOUNDARY SURVEY.                               ‘‘(bb) located on or off the property of an             ‘‘(2) the State regulatory authority for the
                                               The Secretary (acting through the Direc-              electric consumer; and                                 State or the relevant nonregulated electric
                                             tor of the National Park Service) shall pre-              ‘‘(cc) owned by an electric utility, an elec-        utility has conducted a proceeding to con-
                                             pare a boundary survey and legal description            tric consumer, or a third party.                       sider implementation of the standard (or a
                                             of the National Recreation Area.                          ‘‘(ii) COMMUNITY SOLAR PROGRAM.—The                  comparable standard) for the electric utility;
                                                                                                     term ‘community solar program’ means a                 or
                                               SA 1373. Mr. BENNET submitted an                      service provided by an electric utility to an             ‘‘(3) the State legislature has voted on the
                                             amendment intended to be proposed by                    electric consumer served by the electric util-         implementation of the standard (or a com-
                                             him to the bill S. 2657, to support inno-               ity through which the value of electric en-
                                                                                                                                                            parable standard) for the electric utility.’’.
                                             vation in advanced geothermal re-                       ergy generated by a community solar facil-
                                                                                                                                                               (ii) CROSS-REFERENCE.—Section 124 of the
                                             search and development, and for other                   ity may be used to offset charges billed to
                                                                                                                                                            Public Utility Regulatory Policies Act of
                                                                                                     the electric consumer by the electric utility.
                                             purposes; which was ordered to lie on                     ‘‘(B) STANDARD.—Each electric utility shall
                                                                                                                                                            1978 (16 U.S.C. 2634) is amended by adding at
                                             the table; as follows:                                                                                         the end the following: ‘‘In the case of the
                                                                                                     offer a community solar program.’’.
                                               At the end of subtitle B of title I, add the                                                                 standard established by paragraph (20) of sec-
                                                                                                       (2) COMPLIANCE.—
                                             following:                                                                                                     tion 111(d), the reference contained in this
                                                                                                       (A) TIME LIMITATIONS.—Section 112(b) of
                                             SEC. 12ll. COMMUNITY SOLAR.                                                                                    subsection to the date of enactment of this
                                                                                                     the Public Utility Regulatory Policies Act of
                                               (a) COMMUNITY SOLAR CONSUMER CHOICE                                                                          Act shall be deemed to be a reference to the
                                                                                                     1978 (16 U.S.C. 2622(b)) is amended by adding
                                             PROGRAM; FEDERAL GOVERNMENT PARTICIPA-                  at the end the following:                              date of enactment of that paragraph (20).’’.
                                             TION IN COMMUNITY SOLAR.—
                                                                                                                                                               (c) FEDERAL CONTRACTS FOR PUBLIC UTIL-
                                                                                                       ‘‘(7)(A) Not later than 1 year after the date
                                                                                                                                                            ITY SERVICES.—Section 501(b)(1) of title 40,
                                               (1) DEFINITIONS.—In this subsection:                  of enactment of this paragraph, each State
                                               (A) COMMUNITY SOLAR.—The term ‘‘commu-                                                                       United States Code, is amended by striking
                                                                                                     regulatory authority (with respect to each
                                             nity solar’’ means a solar power plant, the                                                                    subparagraph (B) and inserting the fol-
                                                                                                     electric utility for which the State has rate-
                                             benefits of the electricity produced by which                                                                  lowing:
                                                                                                     making authority) and each nonregulated
                                             are shared by 2 or more electricity cus-                                                                          ‘‘(B) PUBLIC UTILITY CONTRACTS.—A con-
                                                                                                     utility shall commence consideration under
                                             tomers.                                                 section 111, or set a hearing date for consid-         tract under this paragraph for public utility
                                               (B) SUBSCRIBER.—The term ‘‘subscriber’’               eration, with respect to the standard estab-           services may be for a period of not more than
                                             means an electricity customer who receives              lished by paragraph (20) of section 111(d).            20 years.’’.
                                             a benefit associated with the proportional                ‘‘(B) Not later than 2 years after the date
                                             output of the community solar facility of the           of enactment of this paragraph, each State
                                                                                                                                                              SA 1374. Mrs. CAPITO (for herself,
                                             customer.                                               regulatory authority (with respect to each             Mr. WHITEHOUSE, Mr. BARRASSO, and
                                               (2) ESTABLISHMENT OF COMMUNITY SOLAR                  electric utility for which the State has rate-         Mr. CRAMER) submitted an amendment
                                             CONSUMER CHOICE PROGRAM.—                               making authority), and each nonregulated               intended to be proposed by her to the
                                               (A) IN GENERAL.—Not later than 1 year                 electric utility shall complete the consider-          bill S. 2657, to support innovation in
                                             after the date of enactment of this Act, the            ation and make the determination under sec-            advanced geothermal research and de-
                                             Secretary shall establish a program to ex-              tion 111 with respect to the standard estab-           velopment, and for other purposes;
                                             pand community solar options to—                        lished by paragraph (20) of section 111(d).’’.         which was ordered to lie on the table;
                                               (i) individuals, particularly individuals               (B) FAILURE TO COMPLY.—
                                             that do not have regular access to onsite                 (i) IN GENERAL.—Section 112(c) of the Pub-
                                                                                                                                                            as follows:
                                             solar, including low- and moderate-income               lic Utility Regulatory Policies Act of 1978 (16          At the end, add the following:
                                             individuals;                                            U.S.C. 2622(c)) is amended—                                 TITLE IV—AMENDMENTS TO THE
                                               (ii) businesses;                                        (I) by striking ‘‘such paragraph (14)’’ and              INTERNAL REVENUE CODE OF 1986
                                               (iii) nonprofit organizations; and                    all that follows through ‘‘paragraphs (16)’’           SEC. 4001. EXTENSION OF CREDIT FOR CARBON
                                               (iv) States and local and Tribal govern-              and inserting ‘‘such paragraph (14). In the                        OXIDE SEQUESTRATION.
                                             ments.                                                  case of the standard established by para-                Section 45Q(d)(1) of the Internal Revenue
                                               (B) ALIGNMENT WITH EXISTING FEDERAL                   graph (15) of section 111(d), the reference con-       Code of 1986 is amended by striking ‘‘Janu-
                                             PROGRAMS.—The Secretary shall align the                 tained in this subsection to the date of en-           ary 1, 2024’’ and inserting ‘‘January 1, 2029’’.
                                             program under subparagraph (A) with exist-              actment of this Act shall be deemed to be a
                                             ing Federal programs that serve low-income              reference to the date of enactment of that               SA 1375. Mr. WICKER (for himself
                                             communities.                                            paragraph (15). In the case of the standards           and Mr. MARKEY) submitted an amend-
                                               (C) ASSISTANCE TO STATE AND LOCAL GOV-                established by paragraphs (16)’’; and                  ment intended to be proposed by him
                                             ERNMENTS.—In carrying out the program                     (II) by adding at the end the following: ‘‘In        to the bill S. 2657, to support innova-
                                             under subparagraph (A), the Secretary                   the case of the standard established by para-          tion in advanced geothermal research
                                             shall—                                                  graph (20) of section 111(d), the reference con-
                                               (i) provide technical assistance to States            tained in this subsection to the date of en-
                                                                                                                                                            and development, and for other pur-
                                             and local and Tribal governments for                    actment of this Act shall be deemed to be a            poses; which was ordered to lie on the




dlhill on DSKBBY8HB2PROD with SENATE
                                             projects to increase community solar;                   reference to the date of enactment of that             table; as follows:
                                               (ii) assist States and local and Tribal gov-          paragraph (20).’’.                                       At the appropriate place in title I, insert
                                             ernments in the development of new and in-                (ii) TECHNICAL CORRECTION.—                          the following:
                                             novative financial and business models that               (I) IN GENERAL.—Section 1254(b) of the En-           SEC. 1lll. REPORT ON ELECTROCHROMIC
                                             leverage competition in the marketplace in              ergy Policy Act of 2005 (Public Law 109–58;                      GLASS.
                                             order to serve community solar subscribers;             119 Stat. 971) is amended—                              (a)   DEFINITION  OF    ELECTROCHROMIC
                                             and                                                       (aa) by striking paragraph (2); and                  GLASS.—In    this section,   the   term




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00054   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.045   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                        S1327
                                             ‘‘electrochromic glass’’ means glass that                 ‘‘(ii) ENERGY STAR.—In the case of amounts              (C) by adding at the end the following new
                                             uses electricity to change the light transmit-          paid or incurred by any taxpayer for any tax-          paragraph:
                                             tance properties of the glass to heat or cool           able year for components described in sub-                ‘‘(5) LABOR COSTS.—The term ‘qualified en-
                                             a structure.                                            section (c)(3)(B) which do not meet the most           ergy efficiency improvements’ includes ex-
                                                (b) REPORT.—Not later than 1 year after              efficient certification under applicable En-           penditures for labor costs properly allocable
                                             the date of enactment of this Act, the Sec-             ergy Star program requirements, the credit             to the onsite preparation, assembly, or origi-
                                             retary, in collaboration with the heads of              allowed under this section with respect to             nal installation of any energy efficient build-
                                             other relevant agencies, shall submit to the            such amounts for such year shall not exceed            ing envelope component.’’,
                                             Committee on Energy and Natural Resources               the excess (if any) of $200 over the aggregate            (4) in subsection (d)—
                                             of the Senate and the Committee on Energy               credits allowed under this section with re-               (A) in paragraph (2)(A)—
                                             and Commerce of the House of Representa-
                                                                                                     spect to such amounts for all prior taxable               (i) in clause (i), by adding ‘‘or’’ at the end,
                                             tives a report that addresses the benefits of
                                                                                                     years ending after December 31, 2020.                     (ii) in clause (ii), by striking ‘‘, or’’ and in-
                                             electrochromic glass, including the fol-
                                                                                                       ‘‘(B) ELECTION.—                                     serting a period, and
                                             lowing:
                                                                                                       ‘‘(i) IN GENERAL.—For purposes of any                   (iii) by striking clause (iii),
                                                (1) Reductions in energy consumption in
                                             commercial buildings, especially peak cool-             amounts paid or incurred by any taxpayer                  (B) in paragraph (3)—
                                             ing load reduction and annual energy bill               for components described in subsection                    (i) by striking subparagraph (A) and insert-
                                             savings.                                                (c)(3)(B), the credit allowed under this sec-          ing the following:
                                                (2) Benefits in the workplace, especially            tion shall only be allowed for components de-             ‘‘(A) an electric heat pump water heater
                                             visual comfort and employee health.                     scribed in clause (i) of subparagraph (A) or           which, in the standard Department of En-
                                                (3) Benefits of natural light in hospitals for       clause (ii) of such subparagraph, but not              ergy test procedure, yields a uniform energy
                                             patients and staff, especially accelerated pa-          both, as elected by the taxpayer during the            factor of at least 3.0,’’,
                                             tient healing and recovery time.                        first taxable year in which such credit is                (ii) in subparagraph (B), by striking ‘‘Janu-
                                                                                                     being claimed by the taxpayer.                         ary 1, 2009’’ and inserting ‘‘the date of enact-
                                               SA 1376. Mr. WICKER (for himself,                       ‘‘(ii) IRREVOCABILITY.—The Secretary shall,          ment of the American Energy Innovation
                                             Mr. KAINE, and Mr. WARNER) submitted                    through such rules, regulations, and proce-            Act of 2020’’,
                                             an amendment intended to be proposed                    dures as are determined appropriate, estab-               (iii) in subparagraph (C), by striking ‘‘Jan-
                                                                                                     lish procedures for making an election under           uary 1, 2009’’ and inserting ‘‘the date of en-
                                             by him to the bill S. 2657, to support in-
                                                                                                     this subparagraph, which shall require that—           actment of the American Energy Innovation
                                             novation in advanced geothermal re-                       ‘‘(I) any election made by the taxpayer              Act of 2020’’,
                                             search and development, and for other                   shall be irrevocable, and                                 (iv) by striking subparagraph (D) and in-
                                             purposes; which was ordered to lie on                     ‘‘(II) such election shall remain in effect          serting the following:
                                             the table; as follows:                                  for all subsequent taxable years.                         ‘‘(D) a natural gas, propane, or oil water
                                               On page 178, line 16, insert ‘‘, including 2-           ‘‘(4) LIMITATION ON DOORS.—In the case of            heater which, in the standard Department of
                                             dimensional materials such as graphene,’’               amounts paid or incurred for components de-            Energy test procedure, yields—
                                             after ‘‘designs’’.                                      scribed in subsection (c)(3)(C) by any tax-               ‘‘(i) in the case of a storage tank water
                                                                                                     payer for any taxable year, the credit al-             heater—
                                               SA 1377. Ms. HASSAN (for herself and                  lowed under this section with respect to such             ‘‘(I) in the case of a medium-draw water
                                             Ms. COLLINS) submitted an amendment                     amounts for such year shall not exceed—                heater, a uniform energy factor of not less
                                             intended to be proposed by her to the                     ‘‘(A) the excess (if any) of $500 over the ag-       than 0.78, and
                                             bill S. 2657, to support innovation in                  gregate credits allowed under this section                ‘‘(II) in the case of a high-draw water heat-
                                             advanced geothermal research and de-                    with respect to such amounts for all prior             er, a uniform energy factor of not less than
                                             velopment, and for other purposes;                      taxable years ending after December 31, 2020,          0.80, and
                                                                                                     or                                                        ‘‘(ii) in the case of a tankless water heat-
                                             which was ordered to lie on the table;                    ‘‘(B) $250 for each exterior door.                   er—
                                             as follows:                                               ‘‘(5) LIMITATION ON RESIDENTIAL ENERGY                  ‘‘(I) in the case of a medium-draw water
                                               At the end, add the following:                        PROPERTY EXPENDITURES.—The amount of the               heater, a uniform energy factor of not less
                                                  TITLE IV—AMENDMENTS TO THE                         credit allowed under this section by reason            than 0.87, and
                                                 INTERNAL REVENUE CODE OF 1986                       of subsection (a)(2) shall not exceed—                    ‘‘(II) in the case of a high-draw water heat-
                                             SEC. 4001. UPDATING CREDIT FOR NONBUSINESS                ‘‘(A) in the case of any energy-efficient            er, a uniform energy factor of not less than
                                                         ENERGY PROPERTY.                            building property—                                     0.90, and’’, and
                                               (a) IN GENERAL.—Section 25C of the Inter-               ‘‘(i) for any item of property described in             (v) in subparagraph (E), by striking ‘‘of at
                                             nal Revenue Code of 1986 is amended—                    subparagraph (A), (B), or (C) of subsection            least 75 percent’’ and inserting the following:
                                                (1) in subsection (a)(1), by striking ‘‘10 per-      (d)(3), $600, and                                      ‘‘(as determined pursuant to the applicable
                                             cent’’ and inserting ‘‘15 percent’’,                      ‘‘(ii) for any item of property described in         list published by the Environmental Protec-
                                                (2) in subsection (b)—                               subparagraph (D) or (E) of such subsection,            tion Agency for certified wood stoves,
                                                (A) in paragraph (1)—                                $400, and                                              hydronic heaters, or forced-air furnaces) of
                                                (i) by striking ‘‘$500’’ and inserting                 ‘‘(B) in the case of any qualified natural           at least—
                                             ‘‘$1,200’’, and                                         gas, propane, or oil furnace or hot water                 ‘‘(i) in the case of any stove placed in serv-
                                                (ii) by striking ‘‘December 31, 2005’’ and in-       boiler (as defined in subsection (d)(4)), an           ice before January 1, 2022, 73 percent, and
                                             serting ‘‘December 31, 2020’’, and                      amount equal to—                                          ‘‘(ii) in the case of any stove placed in serv-
                                                (B) by striking paragraphs (2) and (3) and             ‘‘(i) $600 for a hot water boiler, and               ice after December 31, 2021, 75 percent.’’,
                                             inserting the following:                                  ‘‘(ii) in the case of a furnace, an amount              (C) in paragraph (4), by striking ‘‘not less
                                                ‘‘(2) LIMITATION ON INSULATION MATERIAL OR           equal to the sum of—                                   than 95’’ and inserting the following: ‘‘not
                                             SYSTEM.—In the case of amounts paid or in-                ‘‘(I) $300, plus                                     less than—
                                             curred for components described in sub-                   ‘‘(II) if the taxpayer is converting from a             ‘‘(A) in the case of a furnace, 97 percent,
                                             section (c)(3)(A) by any taxpayer for any tax-          non-condensing furnace to a condensing fur-            and
                                             able year, the credit allowed under this sec-           nace, $300.’’,                                            ‘‘(B) in the case of a hot water boiler, 95
                                             tion with respect to such amounts for such                (3) in subsection (c)—                               percent.’’,
                                             year shall not exceed the excess (if any) of              (A) in paragraph (2)—                                   (D) by striking paragraph (5), and
                                             $600 over the aggregate credits allowed under             (i) by striking subparagraphs (A) and (B)               (E) by redesignating paragraph (6) as para-
                                             this section with respect to such amounts for           and inserting the following:                           graph (5),
                                             all prior taxable years ending after Decem-               ‘‘(A) applicable Energy Star program re-                (5) in subsection (e), by adding the fol-
                                             ber 31, 2020.                                           quirements, in the case of an exterior win-            lowing new paragraphs at the end:
                                                ‘‘(3) LIMITATION ON WINDOWS.—                        dow, a skylight, or an exterior door, and’’,              ‘‘(4) INSTALLATION STANDARDS.—The terms
                                                ‘‘(A) IN GENERAL.—                                     (ii) by redesignating subparagraph (C) as            ‘energy efficient building envelope compo-
                                                ‘‘(i) ENERGY STAR MOST EFFICIENT.—In the             subparagraph (B), and                                  nent’ and ‘qualified energy property’ shall
                                             case of amounts paid or incurred by any tax-              (iii) in subparagraph (B), as so redesig-            not include any components or property
                                             payer for any taxable year for components               nated, by striking ‘‘2009 International’’ and          which are not installed according to any ap-
                                             described in subsection (c)(3)(B) which meet            all that follows through ‘‘Act of 2009’’ and in-       plicable Air Conditioning Contractors of
                                             the most efficient certification under appli-           serting ‘‘2015 IECC (as defined in section             America Quality Installation standards




dlhill on DSKBBY8HB2PROD with SENATE
                                             cable Energy Star program requirements,                 45L(b)(5))’’,                                          which are in effect at the time that such
                                             the credit allowed under this section with re-            (B) in paragraph (3)—                                components or property are placed in serv-
                                             spect to such amounts for such year shall                 (i) in subparagraph (B), by adding ‘‘and’’ at        ice.
                                             not exceed the excess (if any) of $600 over the         the end,                                                  ‘‘(5) REPLACEMENT OF TERMINATED STAND-
                                             aggregate credits allowed under this section              (ii) in subparagraph (C), by striking ‘‘,            ARDS.—In the case of any standard, require-
                                             with respect to such amounts for all prior              and’’ and inserting a period, and                      ment, or criteria applicable to any energy ef-
                                             taxable years ending after December 31, 2020.             (iii) by striking subparagraph (D), and              ficient building envelope component or




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00055   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.046   S03MRPT1
                                             S1328                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             qualified energy property which is termi-               the annual level of energy consumption of a            the States of Connecticut, Delaware, Maine,
                                             nated after the date of enactment of the                comparable dwelling unit—                              Maryland, Massachusetts, New Hampshire,
                                             American Energy Innovation Act of 2020, the               ‘‘(I) which is constructed in accordance             New York, Rhode Island, and Vermont to cap
                                             Secretary, in consultation with the Sec-                with the standards of chapter 4 of the 2018            and reduce carbon dioxide emissions from
                                             retary of Energy, shall identify a similar              IECC, and                                              the power sector; and
                                             standard, requirement, or criteria for pur-               ‘‘(II) which meets the requirements de-                 (B) the Western Climate Initiative, a re-
                                             poses of determining the eligibility of any             scribed in subparagraph (A)(i)(II), and                gional carbon trading system organized be-
                                             such component or property for purposes of                ‘‘(ii) to have building envelope component           tween the State of California and Quebec,
                                             credit allowed under this section.’’, and               improvements account for at least 1⁄5 of such          Canada.
                                               (6) in subsection (g)(2), by striking ‘‘De-           15 percent,                                               (5) STATE.—The term ‘‘State’’ means—
                                             cember 31, 2020’’ and inserting ‘‘December 31,            ‘‘(2) is a manufactured home which—                     (A) a State;
                                             2027’’.                                                   ‘‘(A) conforms to Federal Manufactured                  (B) the District of Columbia;
                                               (b) EFFECTIVE DATE.—The amendments                    Home Construction and Safety Standards                    (C) the Commonwealth of Puerto Rico;
                                             made by this section shall apply to property            (part 3280 of title 24, Code of Federal Regula-           (D) the United States Virgin Islands;
                                             placed in service after December 31, 2020.              tions), and                                               (E) Guam;
                                                                                                       ‘‘(B) meets the requirements described in               (F) American Samoa;
                                               SA 1378. Ms. HASSAN (for herself and                  subparagraph (A) or (B) of paragraph (1),                 (G) the Commonwealth of the Northern
                                             Ms. COLLINS) submitted an amendment                       ‘‘(3) meets the requirements established by          Mariana Islands; and
                                             intended to be proposed by her to the                   the Administrator of the Environmental
                                                                                                                                                               (H) the Trust Territory of the Pacific Is-
                                             bill S. 2657, to support innovation in                  Protection Agency under the Energy Star
                                                                                                                                                            lands.
                                             advanced geothermal research and de-                    Labeled Homes program, or
                                                                                                                                                               (6) UNIT OF LOCAL GOVERNMENT.—The term
                                                                                                       ‘‘(4) is a manufactured home which—
                                             velopment, and for other purposes;                                                                             ‘‘unit of local government’’ means—
                                                                                                       ‘‘(A) conforms to the standards described
                                             which was ordered to lie on the table;                  in paragraph (2)(A), and
                                                                                                                                                               (A) a city, town, borough, county, parish,
                                             as follows:                                               ‘‘(B) meets the requirements described in            district, association, or other public body
                                               At the end, add the following:                        paragraph (3).’’; and                                  created by or pursuant to State law;
                                                                                                       (4) in subsection (g), by striking ‘‘Decem-             (B) an Indian tribe (as defined in section 4
                                                  TITLE IV—AMENDMENTS TO THE
                                                                                                     ber 31, 2020’’ and inserting ‘‘December 31,            of the Indian Self-Determination and Edu-
                                                 INTERNAL REVENUE CODE OF 1986
                                                                                                     2022’’.                                                cation Assistance Act (25 U.S.C. 5304)); and
                                             SEC. 4001. UPDATING NEW ENERGY EFFICIENT                                                                          (C) a tribal organization (as defined in sec-
                                                         HOME CREDIT.                                  (b) EFFECTIVE DATE.—The amendments
                                                                                                     made by this section shall apply to qualified          tion 4 of the Indian Self-Determination and
                                               (a) IN GENERAL.—Section 45L of the Inter-
                                                                                                     new energy efficient homes acquired after              Education Assistance Act (25 U.S.C. 5304)).
                                             nal Revenue Code of 1986 is amended—
                                                (1) in subsection (a)(2)—                            December 31, 2020.                                       (b) OFFICE OF REGIONAL GREENHOUSE GAS
                                                (A) in subparagraph (A), by striking                                                                        REDUCTION PROGRAMS.—
                                             ‘‘$2,000’’ and inserting ‘‘$2,500’’; and                  SA 1379. Ms. HASSAN (for herself and                   (1) ESTABLISHMENT.—Not later than 1 year
                                                (B) in subparagraph (B), by inserting ‘‘or           Ms. COLLINS) submitted an amendment                    after the date of enactment of this Act, there
                                             (4)’’ after ‘‘paragraph (3)’’;                          intended to be proposed by her to the                  shall be established within the Environ-
                                                (2) in subsection (b)—                               bill S. 2657, to support innovation in                 mental Protection Agency an office, to be
                                                (A) in paragraph (2)(B), by striking ‘‘this          advanced geothermal research and de-                   known as the ‘‘Office of Regional Greenhouse
                                             section’’ and inserting ‘‘the American En-              velopment, and for other purposes;                     Gas Reduction Programs’’.
                                             ergy Innovation Act of 2020’’; and                      which was ordered to lie on the table;                   (2) PURPOSE.—The purpose of the Office
                                                (B) by adding at the end the following:                                                                     shall be—
                                                ‘‘(5) 2018 IECC.—
                                                                                                     as follows:
                                                                                                                                                              (A) to support, and assist in the expansion
                                                ‘‘(A) IN GENERAL.—The term ‘2018 IECC’                 At the appropriate place in title I, insert
                                                                                                                                                            of, existing regional greenhouse gas reduc-
                                             means the 2018 International Energy Con-                the following:
                                                                                                                                                            tion programs; and
                                             servation Code, as such Code (including sup-            SEC. ll. LOAN GUARANTEES FOR BATTERY
                                                                                                                                                              (B) to facilitate the establishment of new
                                             plements) is in effect on the date of the en-                    STORAGE TECHNOLOGIES.
                                                                                                                                                            regional greenhouse gas reduction programs.
                                             actment of the American Energy Innovation                 Section 1703(b) of the Energy Policy Act of
                                                                                                                                                              (3) DIRECTOR.—The Office shall be headed
                                             Act of 2020.                                            2005 (42 U.S.C. 16513(b)) is amended by adding
                                                                                                                                                            by a Director, who shall be appointed by the
                                                ‘‘(B) SPECIAL RULE.—For purposes of sub-             at the end the following:
                                                                                                       ‘‘(11) Battery storage technologies for resi-        Administrator—
                                             section (c)(1)(B)(i)(I), in determining whether                                                                  (A) without regard to political affiliation;
                                             a dwelling unit has been constructed in ac-             dential, industrial, or transportation appli-
                                                                                                     cations.’’.                                            and
                                             cordance with the standards of chapter 4 of                                                                      (B) solely on the basis of fitness to perform
                                             the 2018 IECC by achieving a level of energy
                                                                                                       SA 1380. Ms. HASSAN (for herself and                 the duties of the Director described in para-
                                             efficiency which meets Section R406.4
                                                                                                     Ms. COLLINS) submitted an amendment                    graph (4).
                                             (N1106.4) of such Code, such determination
                                                                                                                                                              (4) DUTIES OF DIRECTOR.—The Director of
                                             shall be made without accounting for on-site            intended to be proposed by her to the                  the Office shall—
                                             energy generation.’’;                                   bill S. 2657, to support innovation in                   (A) on request by a State or other relevant
                                                (3) by striking subsection (c) and inserting         advanced geothermal research and de-
                                             the following:                                                                                                 entity, provide access to Federal data rel-
                                                                                                     velopment, and for other purposes;                     evant to regional greenhouse gas reduction
                                                ‘‘(c) ENERGY SAVING REQUIREMENTS.—A
                                             dwelling unit meets the energy saving re-               which was ordered to lie on the table;                 programs;
                                             quirements of this subsection if such unit—             as follows:                                              (B)(i) assist States and other relevant enti-
                                                ‘‘(1)(A) is certified—                                 At the appropriate place, insert the fol-            ties with analysis and modeling of technical,
                                                ‘‘(i) to have a level of annual heating and          lowing:                                                economic, and public policy issues relating
                                             cooling energy consumption which is at least            SEC. lll. REGIONAL GREENHOUSE GAS REDUC-               to regional greenhouse gas reduction pro-
                                             60 percent below the annual level of heating                       TION.                                       grams; and
                                             and cooling energy consumption of a com-                  (a) DEFINITIONS.—In this section:                      (ii) provide any other relevant technical
                                             parable dwelling unit—                                    (1) ADMINISTRATOR.—The term ‘‘Adminis-               support, on request;
                                                ‘‘(I) which is constructed in accordance             trator’’ means the Administrator of the En-              (C) develop and share best practices based
                                             with the standards of chapter 4 of the 2006             vironmental Protection Agency.                         on existing regional greenhouse gas reduc-
                                             International Energy Conservation Code, as                (2) GREENHOUSE GAS.—The term ‘‘green-                tion programs;
                                             such Code (including supplements) is in ef-             house gas’’ means carbon dioxide, methane,               (D) track and report on greenhouse gas
                                             fect on January 1, 2006, and                            nitrous        oxide,     hydrofluorocarbon,           emissions in States participating in regional
                                                ‘‘(II) for which the heating and cooling             perfluorocarbon, and sulfur hexafluoride.              greenhouse gas reduction programs using
                                             equipment efficiencies correspond to the                  (3) OFFICE.—The term ‘‘Office’’ means the            data collected by the Environmental Protec-
                                             minimum allowed under the regulations es-               Office of Regional Greenhouse Gas Reduction            tion Agency;
                                             tablished by the Department of Energy pur-              Programs established under subsection                    (E) designate a representative in the Of-
                                             suant to the National Appliance Energy Con-             (b)(1).                                                fice—
                                             servation Act of 1987 and in effect at the                (4) REGIONAL GREENHOUSE GAS REDUCTION                  (i) to act as a liaison to regional green-




dlhill on DSKBBY8HB2PROD with SENATE
                                             time of completion of construction, and                 PROGRAM.—The term ‘‘regional greenhouse                house gas reduction programs; and
                                                ‘‘(ii) to have building envelope component           gas reduction program’’ means a program                  (ii) to communicate with States and other
                                             improvements account for at least 1⁄5 of such           that uses market-based tools to reduce                 entities seeking to establish regional green-
                                             60 percent, or                                          greenhouse gases across States at the re-              house gas reduction programs;
                                                ‘‘(B) is certified—                                  gional level, such as—                                   (F) facilitate communication among Fed-
                                                ‘‘(i) to have a level of annual energy con-            (A) the Regional Greenhouse Gas Initiative           eral and State agencies, agencies of units of
                                             sumption which is at least 15 percent below             organized among, as of November 14, 2019,              local government, and stakeholders to share




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00056   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.052   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1329
                                             lessons learned about greenhouse gas moni-                (iv) the Department of the Interior.                   ‘‘(2) PUBLIC AVAILABILITY.—The report sub-
                                             toring and control programs, through meth-                (3) REPORT.—Not later than 1 year after              mitted under paragraph (1) shall be made
                                             ods     such   as   workshops,    conferences,          the date on which the task force is estab-             available to the public through electronic
                                             websites, and newsletters;                              lished under paragraph (1), the task force             means, including the internet.’’.
                                               (G) administer the grant program estab-               shall submit to Congress a report that de-               (b) CLERICAL AMENDMENT.—The table of
                                             lished under subsection (c);                            scribes a plan—                                        contents for the Energy Policy Act of 2005
                                               (H) coordinate with the interagency task                (A) to support existing regional greenhouse          (Public Law 109–58; 119 Stat. 604) is amended
                                             force established under subsection (d); and             gas reduction programs;                                by adding at the end the following:
                                               (I) carry out any other activity relevant to            (B) to support States and other entities             ‘‘Sec. 1841. Net metering study and evalua-
                                             the function of the Office.                             seeking to develop regional greenhouse gas                           tion.’’.
                                               (5) REPORT.—The Administrator, acting                 reduction programs; and
                                             through the Director of the Office, shall sub-            (C) that addresses Federal data gaps with              SA 1382. Mr. DURBIN (for himself
                                             mit a biannual report to Congress that de-              respect to regional greenhouse gas reduction           and Mr. ALEXANDER) submitted an
                                             scribes and summarizes the efforts made and             programs.
                                             technical assistance provided by the Office                                                                    amendment intended to be proposed by
                                             to help States improve the health and envi-               SA 1381. Ms. HASSAN submitted an                     him to the bill S. 2657, to support inno-
                                             ronment of communities in those States.                 amendment intended to be proposed by                   vation in advanced geothermal re-
                                               (6) ACCESS TO INFORMATION.—On request of
                                                                                                     her to the bill S. 2657, to support inno-              search and development, and for other
                                             the Director, the head of each Federal agen-                                                                   purposes; which was ordered to lie on
                                             cy shall provide the Director any informa-              vation in advanced geothermal re-
                                                                                                     search and development, and for other                  the table; as follows:
                                             tion and data necessary for any analyses or
                                             reports required as part of the function of             purposes; which was ordered to lie on                    At the appropriate place, insert the fol-
                                                                                                                                                            lowing:
                                             the Office.                                             the table; as follows:
                                               (7) NO ADDITIONAL REPORTING REQUIRE-                                                                         SEC. ll. OFFICE OF SCIENCE.
                                                                                                       At the appropriate place in title I, insert
                                             MENTS.—Nothing in this subsection author-                                                                        Section 209 of the Department of Energy
                                                                                                     the following:
                                             izes the Administrator or the Director of the                                                                  Organization Act (42 U.S.C. 7139) is amended
                                                                                                     SEC. 1ll. NET METERING STUDY AND EVALUA-
                                             Office to impose an additional reporting re-                                                                   by adding at the end the following:
                                                                                                                TION.
                                             quirement on a State participating in a re-                                                                      ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                       (a) IN GENERAL.—Title XVIII of the Energy            There is authorized to be appropriated to the
                                             gional greenhouse gas reduction program.
                                               (c) REGIONAL GREENHOUSE GAS REDUCTION                 Policy Act of 2005 (Public Law 109–58; 119             Secretary to carry out the functions of the
                                             PROGRAM STARTUP GRANTS.—                                Stat. 1122) is amended by adding at the end            Office of Science—
                                               (1) DEFINITION OF ELIGIBLE ENTITY.—In this            the following:                                           ‘‘(1) for fiscal year 2021, $7,500,000,000;
                                             subsection, the term ‘‘eligible entity’’                ‘‘SEC. 1841. NET METERING STUDY AND EVALUA-              ‘‘(2) for fiscal year 2022, $8,000,000,000;
                                             means—                                                                TION.
                                                                                                                                                              ‘‘(3) for fiscal year 2023, $8,600,000,000;
                                               (A) a State;                                             ‘‘(a) IN GENERAL.—Not later than 180 days             ‘‘(4) for fiscal year 2024, $9,200,000,000; and
                                               (B) a unit of local government; and                   after the date of enactment of this section,             ‘‘(5) for fiscal year 2025, $9,800,000,000.’’.
                                               (C) a regional consortium that is a partner-          the Secretary shall seek to enter into an
                                             ship between or among 1 or more entities de-            agreement with the National Academies of                 SA 1383. Mr. CARPER (for himself,
                                             scribed in subparagraphs (A) and (B).                   Sciences, Engineering, and Medicine (re-               Mr. INHOFE, Mr. BARRASSO, Mr. WHITE-
                                               (2) ESTABLISHMENT.—Not later than 1 year              ferred to in this section as the ‘National
                                                                                                                                                            HOUSE, Mr. SULLIVAN, Mr. BOOKER, Mrs.
                                             after the date of enactment of this Act, the            Academies’) under which the National Acad-
                                             Director of the Office shall establish a pro-           emies shall—                                           CAPITO, Mrs. GILLIBRAND, Mr. CRAMER,
                                             gram within the Office to provide grants to               ‘‘(1) study the opportunities and challenges         Mr. VAN HOLLEN, and Mr. BLUMENTHAL)
                                             eligible entities, on a competitive basis, to           associated with net metering; and                      submitted an amendment intended to
                                             take active preliminary steps (including in-              ‘‘(2) evaluate the expected medium- and              be proposed by him to the bill S. 2657,
                                             formation-gathering) towards developing or              long-term impacts of net metering.                     to support innovation in advanced geo-
                                             participating in a regional greenhouse gas                ‘‘(b) ELEMENTS.—The study and evaluation             thermal research and development, and
                                             reduction program.                                      conducted pursuant to the agreement en-                for other purposes; which was ordered
                                               (3) APPLICATION.—An eligible entity shall             tered into under subsection (a) shall ad-
                                                                                                     dress—
                                                                                                                                                            to lie on the table; as follows:
                                             submit to the Director of the Office an appli-
                                             cation to receive a grant under paragraph (2)             ‘‘(1) developments in net metering, includ-            At the appropriate place, insert the fol-
                                             at such time, in such manner, and con-                  ing the emergence of new technologies;                 lowing:
                                             taining such information as the Director of               ‘‘(2) alternatives to existing metering sys-         SEC. lll. DIESEL EMISSIONS REDUCTION.
                                             the Office may require.                                 tems that—                                               (a) REAUTHORIZATION OF DIESEL EMISSIONS
                                               (4) MINIMUM GRANT AMOUNT.—A grant                       ‘‘(A) provide for transactions that—                 REDUCTION PROGRAM.—Section 797(a) of the
                                             awarded under paragraph (2) shall be in an                ‘‘(i) measure electric energy consumption            Energy Policy Act of 2005 (42 U.S.C. 16137(a))
                                             amount that is not less than $250,000.                  by an electric consumer at the home or facil-          is amended by striking ‘‘2016’’ and inserting
                                               (5) AUTHORIZATION OF APPROPRIATIONS.—                 ity of that electric consumer; and                     ‘‘2024’’.
                                             There are authorized to be appropriated to                ‘‘(ii) are capable of sending electric energy           (b) RECOGNIZING DIFFERENCES IN DIESEL
                                             the Director of the Office such amounts as              usage information through a communica-                 VEHICLE, ENGINE, EQUIPMENT, AND FLEET
                                             are necessary to carry out this subsection, to          tions network to an electric utility;                  USE.—
                                             remain available until expended.                          ‘‘(B) promote equitable distribution of re-             (1) NATIONAL GRANT, REBATE, AND LOAN PRO-
                                               (d) INTERAGENCY TASK FORCE.—                          sources and costs; and                                 GRAMS.—Section 792(c)(4)(D) of the Energy
                                               (1) ESTABLISHMENT.—The Administrator                    ‘‘(C) provide incentives for the use of dis-         Policy Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is
                                             shall establish an interagency task force (re-          tributed renewable generation;                         amended by inserting ‘‘, recognizing dif-
                                             ferred to in this subsection as the ‘‘task                ‘‘(3) net metering planning and operating            ferences in typical vehicle, engine, equip-
                                             force’’)—                                               techniques;                                            ment, and fleet use throughout the United
                                               (A) to determine how best to support exist-             ‘‘(4) effective architecture for net meter-          States’’ before the semicolon.
                                             ing regional greenhouse gas reduction pro-              ing;                                                      (2) STATE GRANT, REBATE, AND LOAN PRO-
                                             grams;                                                    ‘‘(5) successful net metering business mod-          GRAMS.—Section 793(b)(1) of the Energy Pol-
                                               (B) to consult with States to determine               els;                                                   icy Act of 2005 (42 U.S.C. 16133(b)(1)) is
                                             how best to support States and other entities             ‘‘(6) consumer and industry incentives for           amended—
                                             that seek to develop regional greenhouse gas            net metering;                                             (A) in subparagraph (B), by striking ‘‘;
                                             reduction programs or expand existing re-                 ‘‘(7) the role of renewable resources in the         and’’ and inserting a semicolon; and
                                             gional greenhouse gas reduction programs;               electric grid;                                            (B) by adding at the end the following:
                                             and                                                       ‘‘(8) the role of net metering in developing            ‘‘(D) the recognition, for purposes of imple-
                                               (C) to analyze existing gaps in Federal data          future models for renewable infrastructure;            menting this section, of differences in typ-
                                             that are relevant to the formation or anal-             and                                                    ical vehicle, engine, equipment, and fleet use
                                             ysis of regional greenhouse gas reduction                 ‘‘(9) the use of battery storage with net            throughout the United States, including ex-
                                             programs.                                               metering.                                              pected useful life; and’’.
                                               (2) MEMBERS.—The task force shall—                      ‘‘(c) REPORT.—                                          (c) REALLOCATION OF UNUSED STATE




dlhill on DSKBBY8HB2PROD with SENATE
                                               (A) be headed by a representative from the              ‘‘(1) IN GENERAL.—The agreement entered              FUNDS.—Section 793(c)(2)(C) of the Energy
                                             Office; and                                             into under subsection (a) shall require the            Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is
                                               (B) include representatives from—                     National Academies to submit to the Sec-               amended beginning in the matter preceding
                                               (i) the Department of Energy;                         retary, not later than 2 years after entering          clause (i) by striking ‘‘to each remaining’’
                                               (ii) the Department of Agriculture;                   into the agreement, a report that describes            and all that follows through ‘‘this para-
                                               (iii) the Department of Transportation;               the results of the study and evaluation con-           graph’’ in clause (ii) and inserting ‘‘to carry
                                             and                                                     ducted pursuant to the agreement.                      out section 792’’.




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00057   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.053   S03MRPT1
                                             S1330                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                               SA 1384. Mrs. SHAHEEN submitted                         (5)(A) a 2012 joint report by the Depart-            1978 (16 U.S.C. 2602) is amended by adding at
                                             an amendment intended to be proposed                    ment of Energy and the Environmental Pro-              the end the following:
                                             by her to the bill S. 2657, to support in-              tection Agency estimated that by achieving               ‘‘(22) COMBINED HEAT AND POWER TECH-
                                                                                                     the national goal outlined in Executive                NOLOGY.—The term ‘combined heat and
                                             novation in advanced geothermal re-
                                                                                                     Order 13624 (77 Fed. Reg. 54779) (September 5,         power technology’ means the generation of
                                             search and development, and for other                   2012) of deploying 40 gigawatts of new com-            electric energy and heat in a single, inte-
                                             purposes; which was ordered to lie on                   bined heat and power technology by 2020, the           grated system that meets the efficiency cri-
                                             the table; as follows:                                  United States would increase the total com-            teria in clauses (ii) and (iii) of section
                                                On page 130, strike line 1 and insert the fol-       bined heat and power capacity of the United            48(c)(3)(A) of the Internal Revenue Code of
                                             lowing:                                                 States by 50 percent in less than a decade;            1986, under which heat that is conventionally
                                                (g) TIMING FOR DISTRIBUTION OF FINANCIAL             and                                                    rejected is recovered and used to meet ther-
                                             ASSISTANCE.—Section 417(d) of the Energy                  (B) additional efficiency would—                     mal energy requirements.
                                             Conservation and Production Act (42 U.S.C.                (i) save 1,000,000,000,000,000 BTUs of energy;         ‘‘(23) QUALIFIED WASTE HEAT RESOURCE.—
                                             6867(d)) is amended—                                    and                                                      ‘‘(A) IN GENERAL.—The term ‘qualified
                                                (1) by striking ‘‘(d) Payments’’ and insert-           (ii) reduce emissions by 150,000,000 metric          waste heat resource’ means—
                                             ing the following:                                      tons of carbon dioxide annually, a quantity              ‘‘(i) exhaust heat or flared gas from any in-
                                                ‘‘(d) METHOD AND TIMING OF PAYMENTS.—                equivalent to the emissions from more than             dustrial process;
                                                ‘‘(1) IN GENERAL.—Subject to paragraph (2),          25,000,000 cars;                                         ‘‘(ii) waste gas or industrial tail gas that
                                             any payments’’; and                                       (6) a 2012 report by the Environmental Pro-          would otherwise be flared, incinerated, or
                                                (2) by adding at the end the following:              tection Agency estimated the amount of                 vented;
                                                ‘‘(2) TIMING.—Notwithstanding any other              waste heat available at a temperature high               ‘‘(iii) a pressure drop in any gas for an in-
                                             provision of law (including regulations), not           enough for power generation from industrial            dustrial or commercial process; or
                                             later than 60 days after the date on which              and nonindustrial applications represents an             ‘‘(iv) any other form of waste heat resource
                                             funds have been made available to provide               additional 10 gigawatts of electric gener-             as the Secretary may determine.
                                             assistance under this part, the Secretary               ating capacity on a national basis;                      ‘‘(B) EXCLUSION.—The term ‘qualified
                                             shall distribute to the applicable recipient              (7) distributed energy generation, includ-           waste heat resource’ does not include a heat
                                             the full amount of assistance to be provided            ing through combined heat and power tech-              resource from a process the primary purpose
                                             to the recipient under this part for the fiscal         nology and waste heat to power technology,             of which is the generation of electricity
                                             year.’’.                                                has ancillary benefits, such as—                       using a fossil fuel.
                                                (h) ANNUAL REPORT.—Section 421 of the En-              (A) removing load from the electricity dis-            ‘‘(24) WASTE HEAT TO POWER TECHNOLOGY.—
                                             ergy                                                    tribution grid; and                                    The term ‘waste heat to power technology’
                                                On page 130, line 9, strike ‘‘(h)’’ and insert         (B) improving the overall reliability of the         means a system that generates electricity
                                             ‘‘(i)’’.                                                electricity distribution system; and                   through the recovery of a qualified waste
                                                On page 130, line 16, strike ‘‘(i)’’ and insert        (8)(A) a number of regulatory barriers im-           heat resource.’’.
                                             ‘‘(j)’’.                                                pede broad deployment of combined heat and
                                                At the end of subtitle H of title I, add the                                                                  (c) UPDATED INTERCONNECTION PROCEDURES
                                                                                                     power technology and waste heat to power               AND TARIFF SCHEDULE.—
                                             following:                                              technology; and
                                             SEC. 18ll. TIMING FOR DISTRIBUTION OF FI-
                                                                                                                                                              (1) ADOPTION OF STANDARDS.—Section 111(d)
                                                                                                       (B) a 2008 study by Oak Ridge National               of the Public Utility Regulatory Policies Act
                                                        NANCIAL ASSISTANCE UNDER THE
                                                        STATE ENERGY PROGRAM.
                                                                                                     Laboratory        identified     interconnection       of 1978 (16 U.S.C. 2621(d)) is amended by add-
                                                                                                     issues, regulated fees and tariffs, and envi-          ing at the end the following:
                                               Section 363 of the Energy Policy and Con-
                                                                                                     ronmental permitting as areas that could be              ‘‘(20) UPDATED INTERCONNECTION PROCE-
                                             servation Act (42 U.S.C. 6323) is amended by
                                                                                                     streamlined with respect to the provision of           DURES AND TARIFF SCHEDULE.—
                                             adding at the end the following:
                                               ‘‘(g) TIMING FOR DISTRIBUTION OF FINANCIAL            combined heat and power technology and                   ‘‘(A) IN GENERAL.—Not later than 1 year
                                             ASSISTANCE.—Notwithstanding any other                   waste heat to power technology.                        after the date of enactment of this para-
                                             provision of law (including regulations), not             (b) DEFINITIONS.—                                    graph, the Secretary, in consultation with
                                             later than 60 days after the date on which                (1) IN GENERAL.—In this section:                     the Commission and other appropriate agen-
                                             funds have been made available to provide fi-             (A) COMBINED HEAT AND POWER TECH-                    cies, shall establish, for generation with
                                             nancial assistance under this section, the              NOLOGY.—The term ‘‘combined heat and                   nameplate capacity up to 20 megawatts
                                             Secretary shall distribute to the applicable            power technology’’ means the generation of             using all fuels—
                                             State the full amount of assistance to be               electric energy and heat in a single, inte-              ‘‘(i) guidance for technical interconnection
                                             provided to the State under this section for            grated system that meets the efficiency cri-           standards that ensure interoperability with
                                             the fiscal year.’’.                                     teria in clauses (ii) and (iii) of section             existing Federal interconnection rules;
                                                                                                     48(c)(3)(A) of the Internal Revenue Code of              ‘‘(ii) model interconnection procedures, in-
                                               SA 1385. Mrs. SHAHEEN submitted                       1986, under which heat that is conventionally          cluding appropriate fast track procedures;
                                             an amendment intended to be proposed                    rejected is recovered and used to meet ther-           and
                                             by her to the bill S. 2657, to support in-              mal energy requirements.                                 ‘‘(iii) model rules for determining and as-
                                             novation in advanced geothermal re-                       (B) OUTPUT-BASED EMISSION STANDARD.—                 signing interconnection costs.
                                                                                                     The term ‘‘output-based emission standard’’              ‘‘(B) STANDARDS.—The standards estab-
                                             search and development, and for other                   means a standard that relates emissions to             lished under subparagraph (A) shall, to the
                                             purposes; which was ordered to lie on                   the electrical, thermal, or mechanical pro-            maximum extent practicable, reflect current
                                             the table; as follows:                                  ductive output of a device or process rather           best practices (as demonstrated in model
                                               At the appropriate place in title I, insert           than the heat input of fuel burned or pollut-          codes and rules adopted by States) to encour-
                                             the following:                                          ant concentration in the exhaust.                      age the use of distributed generation (such
                                             SEC. 1ll. HEAT EFFICIENCY THROUGH APPLIED                 (C) QUALIFIED WASTE HEAT RESOURCE.—                  as combined heat and power technology and
                                                         TECHNOLOGY.                                   (i) IN GENERAL.—The term ‘‘qualified waste           waste heat to power technology) while ensur-
                                               (a) FINDINGS.—Congress finds that—                    heat resource’’ means—                                 ing the safety and reliability of the inter-
                                               (1) combined heat and power technology,                 (I) exhaust heat or flared gas from any in-          connected units and the distribution and
                                             also known as cogeneration, is a technology             dustrial or commercial process;                        transmission networks to which the units
                                             that efficiently produces electricity and                 (II) waste gas or industrial tail gas that           connect.
                                             thermal energy at the point of use of the               would otherwise be flared, incinerated, or               ‘‘(C) VARIATIONS.—In establishing the
                                             technology;                                             vented;                                                model standards under subparagraph (A), the
                                               (2) by combining the provision of both elec-            (III) a pressure drop in any gas for an in-          Secretary shall consider the appropriateness
                                             tricity and thermal energy in a single step,            dustrial or commercial process; or                     of using standards or procedures that vary
                                             combined heat and power technology makes                  (IV) any other form of waste heat resource           based on unit size, fuel type, or other rel-
                                             significantly more efficient use of fuel com-           as the Secretary may determine.                        evant characteristics.’’.
                                             pared to separate generation of heat and                  (ii) EXCLUSION.—The term ‘‘qualified waste             (2) COMPLIANCE.—
                                             power, which has significant economic and               heat resource’’ does not include a heat re-              (A) TIME LIMITATIONS.—Section 112(b) of
                                             environmental advantages;                               source from a process the primary purpose of           the Public Utility Regulatory Policies Act of
                                               (3) waste heat to power is a technology               which is the generation of electricity using a         1978 (16 U.S.C. 2622(b)) is amended by adding
                                             that captures heat discarded by an existing             fossil fuel.                                           at the end the following:




dlhill on DSKBBY8HB2PROD with SENATE
                                             industrial process and uses that heat to gen-             (D) WASTE HEAT TO POWER TECHNOLOGY.—                   ‘‘(7)(A) Not later than 90 days after the
                                             erate power with no additional fuel and no              The term ‘‘waste heat to power technology’’            date on which the Secretary completes the
                                             incremental emissions, reducing the need for            means a system that generates electricity              standards required under section 111(d)(20),
                                             electricity from other sources and the grid,            through the recovery of a qualified waste              each State regulatory authority (with re-
                                             and any associated emissions;                           heat resource.                                         spect to each electric utility for which the
                                               (4) waste heat or waste heat to power is                (2) PURPA DEFINITIONS.—Section 3 of the              authority has ratemaking authority) shall
                                             considered renewable energy in 17 States;               Public Utility Regulatory Policies Act of              commence the consideration referred to in




                                       VerDate Sep 11 2014   02:57 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00058   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.053   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1331
                                             that section, or set a hearing date for such              ‘‘(ii) the appropriate duration, magnitude,          the end the following: ‘‘In the case of each
                                             consideration, with respect to each standard.           or usage of demand charge ratchets;                    standard established under paragraph (21) of
                                               ‘‘(B) Not later than 2 years after the date             ‘‘(iii) the benefits to the utility and rate-        section 111(d), the reference contained in this
                                             on which the Secretary completes the stand-             payers, such as increased reliability, fuel di-        subsection to the date of enactment of this
                                             ards required under section 111(d)(20), each            versification, enhanced power quality, and             Act shall be deemed to be a reference to the
                                             State regulatory authority (with respect to             reduced electric losses from the use of com-           date of enactment of that paragraph.’’.
                                             each electric utility for which the authority           bined heat and power technology and waste                (e) UPDATING OUTPUT-BASED EMISSIONS
                                             has ratemaking authority) shall—                        heat to power technology by a qualifying fa-           STANDARDS.—
                                               ‘‘(i) complete the consideration under sub-           cility; and                                              (1) ESTABLISHMENT.—The Administrator of
                                             paragraph (A);                                            ‘‘(iv) alternative arrangements to the pur-          the Environmental Protection Agency (re-
                                               ‘‘(ii) make the determination referred to in          chase of supplementary, backup, or standby             ferred to in this subsection as the ‘‘Adminis-
                                             section 111 with respect to each standard es-           power by the owner of combined heat and                trator’’) shall establish a program under
                                             tablished under section 111(d)(20); and                 power technology and waste heat to power               which the Administrator shall provide to
                                               ‘‘(iii) submit to the Secretary and the               technology generating units if the alter-              each State (as defined in section 302 of the
                                             Commission a report detailing the updated               native arrangements—                                   Clean Air Act (42 U.S.C. 7602)) that elects to
                                             plans of the State regulatory authority for               ‘‘(I) do not compromise system reliability;          participate and that submits an application
                                             interconnection procedures and tariff sched-            and                                                    under paragraph (2) a grant for use by the
                                             ules that reflect best practices to encourage             ‘‘(II) are nondiscretionary and nonpref-             State in accordance with paragraph (3).
                                             the use of distributed generation.’’.                   erential.’’.                                             (2) APPLICATION.—To be eligible to receive
                                               (B) FAILURE TO COMPLY.—Section 112(c) of                (2) COMPLIANCE.—                                     a grant under this subsection, a State shall
                                             the Public Utility Regulatory Policies Act of             (A) TIME LIMITATIONS.—Section 112(b) of              submit to the Administrator an application
                                             1978 (16 U.S.C. 2622(c)) is amended by adding           the Public Utility Regulatory Policies Act of          at such time, in such manner, and con-
                                             at the end the following: ‘‘In the case of each         1978 (16 U.S.C. 2622(b)) (as amended by sub-           taining such information as the Adminis-
                                             standard established under paragraph (20) of            section (c)(2)(A)) is amended by adding at the         trator may require.
                                             section 111(d), the reference contained in this         end the following:                                       (3) USE OF FUNDS.—
                                             subsection to the date of enactment of this               ‘‘(8)(A) Not later than 90 days after the              (A) IN GENERAL.—A State shall use a grant
                                             Act shall be deemed to be a reference to the            date on which the Secretary completes the              provided under this subsection—
                                             date of enactment of that paragraph.’’.                 standards required under section 111(d)(21),             (i) to update any applicable State or local
                                               (C) PRIOR STATE ACTIONS.—                             each State regulatory authority (with re-              air permitting regulations under the Clean
                                               (i) IN GENERAL.—Section 112 of the Public             spect to each electric utility for which the           Air Act (42 U.S.C. 7401 et seq.) to incorporate
                                             Utility Regulatory Policies Act of 1978 (16             authority has ratemaking authority) shall              environmental regulations relating to out-
                                             U.S.C. 2622) is amended by adding at the end            commence the consideration referred to in              put-based emissions standards in accordance
                                             the following:                                          that section, or set a hearing date for such           with relevant guidelines developed by the
                                               ‘‘(g) PRIOR STATE ACTIONS.—Subsections                consideration, with respect to each standard.          Administrator under subparagraph (B); or
                                             (b) and (c) shall not apply to a standard es-             ‘‘(B) Not later than 2 years after the date            (ii) if the State has already updated all ap-
                                             tablished under paragraph (20) of section               on which the Secretary completes the stand-            plicable State and local permitting regula-
                                             111(d) in the case of any electric utility in a         ards required under section 111(d)(21), each
                                             State if, before the date of enactment of this                                                                 tions to incorporate those output-based
                                                                                                     State regulatory authority (with respect to
                                             subsection—                                                                                                    emissions standards, to expedite the proc-
                                                                                                     each electric utility for which the authority
                                               ‘‘(1) the State has implemented for the                                                                      essing of relevant power generation permit
                                                                                                     has ratemaking authority) shall—
                                             electric utility the standard (or a com-                                                                       applications under the Public Utility Regu-
                                                                                                       ‘‘(i) complete the consideration under sub-
                                             parable standard);                                                                                             latory Policies Act of 1978 (16 U.S.C. 2601 et
                                                                                                     paragraph (A);
                                               ‘‘(2) the State regulatory authority for the                                                                 seq.).
                                                                                                       ‘‘(ii) make the determination referred to in
                                             State has conducted a proceeding after De-                                                                       (B) GUIDELINES.—As soon as practicable
                                                                                                     section 111 with respect to each standard es-
                                             cember 31, 2016, to consider implementation                                                                    after the date of enactment of this Act, the
                                                                                                     tablished under section 111(d)(21); and
                                             of the standard (or a comparable standard)                                                                     Administrator shall publish guidelines for
                                                                                                       ‘‘(iii) submit to the Secretary and the
                                             for the electric utility; or                                                                                   updating State and local permitting regula-
                                                                                                     Commission a report detailing the updated
                                               ‘‘(3) the State legislature has voted on the                                                                 tions under the Clean Air Act (42 U.S.C. 7401
                                                                                                     plans of the State regulatory authority for
                                             implementation of the standard (or a com-                                                                      et seq.) that—
                                                                                                     supplemental, backup, and standby power
                                             parable standard) for the electric utility.’’.                                                                   (i) provide credit, in the calculation of the
                                                                                                     fees that reflect best practices to encourage
                                               (ii) CROSS-REFERENCE.—Section 124 of the                                                                     emission rate of the facility, for any thermal
                                                                                                     the use of distributed generation.’’.
                                             Public Utility Regulatory Policies Act of                                                                      energy produced by combined heat and power
                                                                                                       (B) FAILURE TO COMPLY.—Section 112(c) of
                                             1978 (16 U.S.C. 2634) is amended by adding at                                                                  technology or waste heat to power tech-
                                                                                                     the Public Utility Regulatory Policies Act of
                                             the end the following: ‘‘In the case of each                                                                   nology; and
                                                                                                     1978 (16 U.S.C. 2622(c)) (as amended by sub-
                                             standard established under paragraph (20) of                                                                     (ii) apply only to generation units that
                                                                                                     section (c)(2)(B)) is amended by adding at the
                                             section 111(d), the reference contained in this                                                                produce 5 megawatts of electrical energy or
                                                                                                     end the following: ‘‘In the case of each stand-
                                             subsection to the date of enactment of this                                                                    less.
                                                                                                     ard established under paragraph (21) of sec-
                                             Act shall be deemed to be a reference to the                                                                     (4) MAXIMUM AMOUNT.—The amount of a
                                                                                                     tion 111(d), the reference contained in this
                                             date of enactment of that paragraph.’’.                                                                        grant provided under this subsection shall
                                                                                                     subsection to the date of enactment of this
                                               (d) SUPPLEMENTAL, BACKUP, AND STANDBY                                                                        not exceed $100,000.
                                                                                                     Act shall be deemed to be a reference to the
                                             POWER FEES OR RATES.—                                                                                            (5) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                     date of enactment of that paragraph.’’.
                                               (1) ADOPTION OF STANDARDS.—Section 111(d)                                                                    There is authorized to be appropriated to the
                                                                                                       (C) PRIOR STATE ACTIONS.—
                                             of the Public Utility Regulatory Policies Act                                                                  Administrator to carry out this subsection
                                                                                                       (i) IN GENERAL.—Section 112 of the Public
                                             of 1978 (16 U.S.C. 2621(d)) (as amended by sub-                                                                $5,000,000.
                                                                                                     Utility Regulatory Policies Act of 1978 (16
                                             section (c)(1)) is amended by adding at the             U.S.C. 2622) (as amended by subsection
                                             end the following:                                                                                               SA 1386. Mrs. SHAHEEN submitted
                                                                                                     (c)(2)(C)(i)) is amended by adding at the end
                                               ‘‘(21) SUPPLEMENTAL, BACKUP, AND STANDBY              the following:                                         an amendment intended to be proposed
                                             POWER FEES OR RATES.—                                     ‘‘(h) PRIOR STATE ACTIONS.—Subsections               by her to the bill S. 2657, to support in-
                                               ‘‘(A) IN GENERAL.—Not later than 1 year               (b) and (c) shall not apply to a standard es-          novation in advanced geothermal re-
                                             after the date of enactment of this para-               tablished under paragraph (21) of section              search and development, and for other
                                             graph, the Secretary, in consultation with              111(d) in the case of any electric utility in a        purposes; which was ordered to lie on
                                             the Commission and other appropriate agen-              State if, before the date of enactment of this
                                                                                                                                                            the table; as follows:
                                             cies, shall establish model rules and proce-            subsection—
                                             dures for determining fees or rates for sup-              ‘‘(1) the State has implemented for the                At the end of title II, add the following:
                                             plementary power, backup or standby power,              electric utility the standard (or a com-                         Subtitle D—Miscellaneous
                                             maintenance power, and interruptible power              parable standard);                                     SEC.   24ll.  FEDERAL ENERGY REGULATORY
                                             supplied to facilities that operate combined              ‘‘(2) the State regulatory authority for the                     COMMISSION PERMITTING AND RE-
                                             heat and power technology and waste heat to             State has conducted a proceeding after De-                         VIEW.
                                             power technology that appropriately allow               cember 31, 2016, to consider implementation              (a) FINDINGS.—The Senate finds that—
                                             for adequate cost recovery by an electric               of the standard (or a comparable standard)               (1) the Federal Government plays a central
                                             utility but are not excessive.                          for the electric utility; or                           role in the review and approval of projects to




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(B) FACTORS.—In establishing model rules              ‘‘(3) the State legislature has voted on the         maintain and build the energy infrastructure
                                             and procedures for determining fees or rates            implementation of the standard (or a com-              of the United States, including—
                                             described in subparagraph (A), the Secretary            parable standard) for the electric utility.’’.           (A) interstate gas pipelines;
                                             shall consider—                                           (ii) CROSS-REFERENCE.—Section 124 of the               (B) projects that cross Federal land; and
                                               ‘‘(i) the best practices that are used to             Public Utility Regulatory Policies Act of                (C) projects that impact wildlife, cultural
                                             model outage assumptions and contingencies              1978 (16 U.S.C. 2634) (as amended by sub-              or historic resources, or waters of the United
                                             to determine the fees or rates;                         section (c)(2)(C)(ii)) is amended by adding at         States;




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00059   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.054   S03MRPT1
                                             S1332                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                               (2) the Federal Energy Regulatory Com-                small commercial customer that receives                  ‘‘(4) employ means, such as public dissemi-
                                             mission—                                                products or services from—                             nation of information, consultative services,
                                               (A) has jurisdiction under section 7 of the             ‘‘(A) a public utility or natural gas com-           and technical assistance, to ensure, to the
                                             Natural Gas Act (15 U.S.C. 717f) to regulate            pany under the jurisdiction of the Commis-             maximum extent practicable, that the inter-
                                             interstate natural gas pipelines, including             sion; or                                               ests of energy customers are adequately rep-
                                             siting of the interstate natural gas pipelines;           ‘‘(B) an electric cooperative.                       resented in the course of any hearing or pro-
                                             and                                                       ‘‘(4) NATURAL GAS COMPANY.—The term                  ceeding described in paragraph (1);
                                               (B) is required under section 15 of the Nat-          ‘natural gas company’ has the meaning given              ‘‘(5) collect data concerning rates or serv-
                                             ural Gas Act (15 U.S.C. 717n), as a lead agen-          the term ‘natural-gas company’ in section 2            ice of public utilities and natural gas compa-
                                             cy, to coordinate with other Federal agen-              of the Natural Gas Act (15 U.S.C. 717a), as            nies under the jurisdiction of the Commis-
                                             cies in the environmental review and proc-              modified by section 601(a)(1)(C) of the Nat-           sion;
                                             essing of each Federal authorization relating           ural Gas Policy Act of 1978 (15 U.S.C.                   ‘‘(6) prepare and issue reports and rec-
                                             to natural gas infrastructure;                          3431(a)(1)(C)).                                        ommendations; and
                                               (3) a report of the Government Account-                 ‘‘(5) OFFICE.—The term ‘Office’ means the              ‘‘(7) take such other actions as the Direc-
                                             ability Office entitled ‘‘Pipeline Permitting:          Office of Public Participation and Consumer            tor determines to be necessary to ensure just
                                             Interstate and Intrastate Natural Gas Per-              Advocacy established by subsection (b).                and reasonable rates for energy customers.
                                             mitting Processes Include Multiple Steps,                 ‘‘(b) ESTABLISHMENT.—There is established              ‘‘(e) INFORMATION FROM FEDERAL DEPART-
                                             and Time Frames Vary’’, and dated February              within the Commission an office, to be                 MENTS AND AGENCIES.—
                                             2013, reported that—                                    known as the ‘Office of Public Participation             ‘‘(1) IN GENERAL.—The Director may secure
                                               (A) public interest groups and State offi-            and Consumer Advocacy’.                                directly from a Federal department or agen-
                                             cials that were interviewed believed that                 ‘‘(c) DIRECTOR.—
                                                                                                                                                            cy such information as the Director con-
                                             members of the public need more oppor-                    ‘‘(1) IN GENERAL.—The Office shall be head-
                                                                                                                                                            siders to be necessary to carry out this sec-
                                             tunity to comment on a proposed pipeline                ed by a Director, to be appointed by the Sec-
                                                                                                                                                            tion.
                                             project during the permitting process con-              retary of Energy from among individuals
                                                                                                     who—                                                     ‘‘(2) PROVISION OF INFORMATION.—On re-
                                             ducted by the Federal Energy Regulatory                                                                        quest of the Director under paragraph (1),
                                             Commission; and                                           ‘‘(A) are licensed attorneys admitted to the
                                                                                                     bar of—                                                the head of a Federal department or agency
                                               (B) officials from Federal and State agen-                                                                   shall, to the extent practicable and author-
                                                                                                       ‘‘(i) any State; or
                                             cies and representatives from industry and                                                                     ized by law, provide the information to the
                                                                                                       ‘‘(ii) the District of Columbia; and
                                             public interest groups reported several man-                                                                   Office.
                                                                                                       ‘‘(B) have experience relating to public
                                             agement practices that—                                                                                          ‘‘(f) PUBLIC AND CONSUMER ADVOCACY ADVI-
                                                                                                     utility proceedings.
                                               (i) could help overcome challenges;                                                                          SORY COMMITTEE.—
                                                                                                       ‘‘(2) DUTIES.—The Director shall coordinate
                                               (ii) are associated with an efficient permit-                                                                  ‘‘(1) ESTABLISHMENT.—The Director shall
                                                                                                     assistance made available to—
                                             ting process and obtaining public input; and                                                                   establish an advisory committee, to be
                                                                                                       ‘‘(A) the public, with respect to authorities
                                               (iii) include—                                                                                               known as the ‘Public and Consumer Advo-
                                                                                                     exercised by the Commission; and
                                               (I) ensuring effective collaboration among                                                                   cacy Advisory Committee’—
                                                                                                       ‘‘(B) individuals and entities intervening or
                                             the numerous stakeholders involved in the                                                                        ‘‘(A) to review rates, services, and disputes;
                                                                                                     participating, or proposing to intervene or
                                             permitting process; and                                                                                        and
                                                                                                     participate, in proceedings before the Com-
                                               (II) increasing opportunities for public                                                                       ‘‘(B) to make recommendations to the Di-
                                                                                                     mission.
                                             comment; and                                                                                                   rector.
                                                                                                       ‘‘(3) COMPENSATION AND POWERS.—
                                               (4) robust engagement by the public and                                                                        ‘‘(2) COMPOSITION.—The Advisory Com-
                                                                                                       ‘‘(A) COMPENSATION.—The Director shall be
                                             stakeholders is essential for the credibility                                                                  mittee shall—
                                                                                                     compensated at a rate equal to the daily
                                             of the siting, permitting, and review of Fed-                                                                    ‘‘(A) be composed of such members as the
                                                                                                     equivalent of the annual rate of basic pay
                                             eral processes by the Federal Energy Regu-                                                                     Director determines to be appropriate; but
                                                                                                     prescribed for level IV of the Executive
                                             latory Commission.                                                                                               ‘‘(B) include not fewer than—
                                                                                                     Schedule under section 5315 of title 5, United
                                               (b) SENSE OF THE SENATE.—It is the sense                                                                       ‘‘(i) 2 individuals representing State utility
                                             of the Senate that, in accordance with Exec-            States Code.
                                                                                                       ‘‘(B) POWERS.—The Director may—                      consumer advocates; and
                                             utive Order 13604 (5 U.S.C. 601 note; relating                                                                   ‘‘(ii) 1 individual representing a nongovern-
                                             to improving performance of Federal permit-               ‘‘(i) employ at the Office—
                                                                                                       ‘‘(I) not more than 125 full-time profes-            mental organization that represents con-
                                             ting and review of infrastructure projects),                                                                   sumers.
                                             the Federal Energy Regulatory Commission                sional employees at appropriate levels of the
                                                                                                     General Schedule; and                                    ‘‘(3) MEETINGS.—The Advisory Committee
                                             should prioritize meaningful public engage-
                                                                                                       ‘‘(II) such additional support personnel as          shall meet at such frequency as is required
                                             ment and coordination with State and local
                                                                                                     the Director determines to be necessary; and           to carry out the duties of the Advisory Com-
                                             governments to ensure that the Federal per-
                                                                                                       ‘‘(ii) procure for the Office such temporary         mittee.
                                             mitting and review processes of the Federal
                                                                                                     and intermittent services as the Director de-            ‘‘(4) REPORTS.—The Director shall publish
                                             Energy Regulatory Commission—
                                                                                                     termines to be necessary.                              the recommendations of the Advisory Com-
                                               (1) remain transparent and consistent; and
                                                                                                       ‘‘(d) POWERS OF OFFICE.—The Office may—              mittee on the public internet website estab-
                                               (2) ensure the health, safety, and security
                                                                                                       ‘‘(1) intervene, appear, and participate, in         lished for the Office.
                                             of the environment and each community af-
                                                                                                     accordance with this section, in administra-             ‘‘(5)     DURATION.—Notwithstanding       any
                                             fected by the Federal permitting and review
                                                                                                     tive, regulatory, or judicial proceedings on           other provision of law, the Advisory Com-
                                             processes.
                                                                                                     behalf of energy customers with respect to             mittee shall continue in operation during
                                               SA 1387. Mrs. SHAHEEN submitted                       any matter concerning natural gas siting               the period for which the Office exists.
                                             an amendment intended to be proposed                    and infrastructure development under the ju-             ‘‘(6) APPLICATION OF FACA.—Except as oth-
                                                                                                     risdiction of the Commission or the rates,             erwise specifically provided, the Advisory
                                             by her to the bill S. 2657, to support in-
                                                                                                     charges, prices, tariffs, or service of public         Committee shall be subject to the Federal
                                             novation in advanced geothermal re-                                                                            Advisory Committee Act (5 U.S.C. App.).
                                                                                                     utilities and natural gas companies under
                                             search and development, and for other                   the jurisdiction of the Commission by rep-               ‘‘(g) REPORTS AND GUIDANCE.—As the Direc-
                                             purposes; which was ordered to lie on                   resenting the interests of the energy cus-             tor determines to be appropriate, the Office
                                             the table; as follows:                                  tomers—                                                shall issue to the Commission and entities
                                               At the end of title II, add the following:              ‘‘(A) on any matter before the Commission            subject to regulation by the Commission re-
                                                Subtitle D—Federal Energy Regulatory                 concerning rates or service of such a public           ports and guidance—
                                                              Commission                             utility or natural gas company; or                       ‘‘(1) regarding market practices;
                                             SEC. 24ll. OFFICE OF PUBLIC PARTICIPATION                 ‘‘(B) as amicus curiae in—                             ‘‘(2) proposing improvements in Commis-
                                                        AND CONSUMER ADVOCACY.                         ‘‘(i) a review in any United States court of         sion monitoring of market practices; and
                                               Section 319 of the Federal Power Act (16              a ruling by the Commission in such a mat-                ‘‘(3) addressing potential improvements to
                                             U.S.C. 825q–1) is amended to read as follows:           ter; or                                                industry and Commission practices.
                                             ‘‘SEC. 319. OFFICE OF PUBLIC PARTICIPATION                ‘‘(ii) a hearing or proceeding in any other            ‘‘(h) OUTREACH.—The Office shall promote,
                                                          AND CONSUMER ADVOCACY.                     Federal regulatory agency or commission re-            through outreach, publications, and, as ap-
                                                ‘‘(a) DEFINITIONS.—In this section:                  lating to such a matter;                               propriate, direct communication with enti-
                                                ‘‘(1) ADVISORY COMMITTEE.—The term ‘Ad-                ‘‘(2) support public participation in the            ties regulated by the Commission—
                                             visory Committee’ means the Public and                  siting and permitting of natural gas storage             ‘‘(1) improved compliance with Commis-




dlhill on DSKBBY8HB2PROD with SENATE
                                             Consumer Advocacy Advisory Committee es-                and distribution infrastructure under the ju-          sion rules and orders; and
                                             tablished under subsection (f)(1).                      risdiction of the Commission;                            ‘‘(2) public participation in the siting and
                                               ‘‘(2) DIRECTOR.—The term ‘Director’ means               ‘‘(3) monitor and review energy customer             permitting of natural gas storage and dis-
                                             the Director of the Office appointed under              complaints and grievances on matters con-              tribution infrastructure under the jurisdic-
                                             subsection (c)(1).                                      cerning rates or service of public utilities           tion of the Commission.
                                               ‘‘(3) ENERGY CUSTOMER.—The term ‘energy               and natural gas companies under the juris-               ‘‘(i) COMPENSATION TO ELIGIBLE RECIPIENTS
                                             customer’ means a residential customer or a             diction of the Commission;                             FOR INTERVENTION OR PARTICIPATION.—




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00060   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.055   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1333
                                               ‘‘(1) DEFINITION OF ELIGIBLE RECIPIENT.—In              (3) ENERGY STORAGE.—The term ‘‘energy                   ‘‘(1) any potential hazards to energy sys-
                                             this subsection, the term ‘eligible recipient’          storage’’ means any technology for the stor-           tems and associated interdependent systems;
                                             means an individual or entity—                          age of electric energy that is capable of dis-            ‘‘(2) the outcome of any physical security,
                                               ‘‘(A) that intervenes or participates in any          charge on demand to meet customer or grid              cybersecurity, and energy emergency pre-
                                             proceeding before the Commission;                       needs for electric energy.                             paredness and response activities conducted
                                               ‘‘(B) the intervention or participation of              (4) ENERGY SYSTEM.—                                  under the exercise;
                                             which substantially contributed to the ap-                (A) IN GENERAL.—The term ‘‘energy sys-                  ‘‘(3) options for mitigating the impacts of
                                             proval, in whole or in part, of a position ad-          tem’’ means all components relating to the             energy system disruptions; and
                                             vocated by the individual or entity in the              production, conversion, delivery, or use of               ‘‘(4) the availability and delivery times of
                                             proceeding; and                                         energy.                                                material and equipment required to rebuild
                                               ‘‘(C) that is—                                          (B) INCLUSIONS.—The term ‘‘energy sys-               after energy system disruptions.
                                               ‘‘(i) an individual;                                  tem’’ includes any energy generation, trans-              ‘‘(d) PARTICIPANTS.—Participants in an ex-
                                               ‘‘(ii) an energy customer; or                         mission, or distribution asset.                        ercise conducted under subsection (b) shall
                                               ‘‘(iii) a representative of the interests of            (5) GRID.—The term ‘‘grid’’ means the elec-          include—
                                             energy customers.                                       tric grid composed of—                                    ‘‘(1) State energy officials;
                                               ‘‘(2) COMPENSATION.—Subject to paragraph                (A) electric energy distribution and trans-             ‘‘(2) State public utility commissioners;
                                             (3), the Commission, in accordance with reg-            mission lines; and                                        ‘‘(3) State emergency management offi-
                                             ulations promulgated by the Commission,                   (B) associated facilities, including—                cials;
                                             may provide to any eligible recipient com-                (i) substations;                                        ‘‘(4) local emergency management officials;
                                             pensation for reasonable attorney fees, ex-               (ii) sensors; and                                       ‘‘(5) utilities;
                                             pert witness fees, and other costs of inter-              (iii) operational controls.                             ‘‘(6) petroleum and natural gas providers
                                             vening or participating in the applicable pro-            (6) RESILIENCE.—The term ‘‘resilience’’,             and other fuel providers;
                                             ceeding before the Commission.                          with respect to an energy system or a com-                ‘‘(7) utility-scale renewable energy pro-
                                               ‘‘(3) REQUIREMENT.—The Commission may                 ponent of an energy system, means the abil-            viders;
                                             only provide compensation under paragraph               ity of the energy system or component—                    ‘‘(8) telecommunications providers;
                                             (2) if the Commission determines that—                    (A) to adapt to changing conditions; and                ‘‘(9) first responders; and
                                               ‘‘(A) the applicable proceeding is signifi-             (B) to withstand and recover rapidly from               ‘‘(10) any other individuals determined to
                                             cant;                                                   a disruption, including a deliberate attack,           be appropriate by the Secretary.
                                                                                                                                                               ‘‘(e) COORDINATION.—In carrying out this
                                               ‘‘(B) the compensation is approved by the             accident, or naturally occurring threat or in-
                                                                                                                                                            section, the Secretary is encouraged to co-
                                             Advisory Committee; and                                 cident.
                                                                                                       (b) REPORT ON ENERGY SYSTEM PERFORM-                 ordinate and consult with—
                                               ‘‘(C) the intervention or participation by
                                                                                                     ANCE UNDER EXTREME STORMS.—
                                                                                                                                                               ‘‘(1) the Secretary of Defense;
                                             the eligible recipient in the proceeding with-
                                                                                                       (1) IN GENERAL.—Not later than 180 days                 ‘‘(2) the Secretary of Homeland Security;
                                             out receipt of compensation constitutes a
                                                                                                     after the date of enactment of this Act, the              ‘‘(3) the Secretary of Transportation;
                                             significant financial hardship to the eligible
                                                                                                     Secretary shall submit to the appropriate                 ‘‘(4) the Administrator of the Federal
                                             recipient.
                                               ‘‘(j) SAVINGS CLAUSE.—Nothing in this sec-            committees of Congress a report describing             Emergency Management Agency;
                                             tion restricts or otherwise affects—                    energy emergencies, resilience, and mitiga-               ‘‘(5) the head of the Office of Energy Infra-
                                               ‘‘(1) any right or obligation of an inter-            tion actions that could lessen the impact of           structure Security of the Federal Energy
                                             venor, participant, State utility consumer              future energy system disruptions.                      Regulatory Commission; and
                                             advocate, energy customer, or group of en-                (2) REQUIREMENTS.—In preparing the report               ‘‘(6) the heads of such other Federal de-
                                             ergy customers under any other applicable               under paragraph (1), the Secretary shall—              partments and agencies as the Secretary de-
                                             provision of law (including regulations); or              (A) take into consideration any lessons              termines to have an interest in strength-
                                               ‘‘(2) the work of Commission trial staff in           learned from prior storms, including lessons           ening the reliable operation of the energy
                                             representing the public interest and pursuing           learned from—                                          system.
                                                                                                                                                               ‘‘(f) FUNDING.—The Secretary may request
                                             appropriate resolutions in contested matters              (i) Superstorm Sandy; and
                                                                                                                                                            such funding as the Secretary determines to
                                             before the Commission.                                    (ii) Hurricanes Harvey, Irma, and Maria;
                                               ‘‘(k) FUNDING.—Of the amounts received by                                                                    be necessary to carry out this section.’’.
                                                                                                       (B) include a description of the anticipated
                                             the Commission for fiscal year 2020 and each                                                                      (2) TECHNICAL AND CONFORMING AMEND-
                                                                                                     cost effectiveness and avoided cost to energy
                                                                                                                                                            MENTS.—
                                             fiscal year thereafter as a result of any fee           ratepayers if a mitigation action described
                                             imposed by the Commission, the Commission                                                                         (A) Section 201(g)(4) of the Homeland Secu-
                                                                                                     in the report is implemented; and
                                             shall use such sums as are necessary to es-                                                                    rity Act of 2002 (6 U.S.C. 121(g)(4)) is amended
                                                                                                       (C) identify specific lessons learned with
                                             tablish and provide for the operation of the                                                                   by inserting ‘‘, subject to section 529,’’ after
                                                                                                     regard to coordination among Federal,
                                             Office under this section.’’.                                                                                  ‘‘Energy and’’.
                                                                                                     State, and local entities with respect to en-
                                                                                                                                                               (B) Section 303(1) of the Homeland Security
                                                                                                     ergy emergency preparedness, mitigation,
                                               SA 1388. Mrs. SHAHEEN submitted                                                                              Act of 2002 (6 U.S.C. 183(1)) is amended, in the
                                                                                                     and recovery across all energy sectors.
                                             an amendment intended to be proposed                      (c) REGIONAL ENERGY EMERGENCY PRE-                   matter preceding subparagraph (A), by strik-
                                             by her to the bill S. 2657, to support in-              PAREDNESS EXERCISES.—
                                                                                                                                                            ing ‘‘The following’’ and inserting ‘‘Subject
                                                                                                       (1) IN GENERAL.—Title V of the Homeland              to section 529, the following’’.
                                             novation in advanced geothermal re-
                                                                                                     Security Act of 2002 (6 U.S.C. 311 et seq.) is            (C) Section 501(8) of the Homeland Security
                                             search and development, and for other                                                                          Act of 2002 (6 U.S.C. 311(8)) is amended by
                                             purposes; which was ordered to lie on                   amended by adding at the end the following:
                                                                                                     ‘‘SEC. 529. REGIONAL ENERGY EMERGENCY PRE-
                                                                                                                                                            striking ‘‘section 502(a)(6)’’ and inserting
                                             the table; as follows:                                               PAREDNESS EXERCISES.                      ‘‘section 504(a)(6)’’.
                                               At the end of part II of subtitle B of title             ‘‘(a) DEFINITIONS.—In this section:                    (D) Section 504(a)(3)(B) of the Homeland
                                             II, add the following:                                     ‘‘(1) ENERGY SYSTEM.—                               Security Act of 2002 (6 U.S.C. 314(a)(3)(B)) is
                                             SEC. 22ll. IMPROVING ENERGY SYSTEM RESIL-                  ‘‘(A) IN GENERAL.—The term ‘energy sys-             amended by striking ‘‘, the National Disaster
                                                        IENCE.                                                                                              Medical System,’’.
                                                                                                     tem’ means all components relating to the
                                               (a) DEFINITIONS.—In this section:                     production, conversion, delivery, or use of               (d) ENERGY RESILIENCE PILOT PROGRAM.—
                                               (1) COMBINED HEAT AND POWER TECH-                     energy.                                                   (1) ESTABLISHMENT.—The Secretary shall
                                             NOLOGY.—The term ‘‘combined heat and                                                                           establish a pilot program under which the
                                                                                                       ‘‘(B) INCLUSIONS.—The term ‘energy sys-
                                             power technology’’ means a technology for               tem’ includes any energy generation, trans-            Secretary shall provide to States grants for
                                             the generation of electric energy and heat in           mission, or distribution asset.                        the development of—
                                             a single, integrated system—                              ‘‘(2) SECRETARY.—The term ‘Secretary’                   (A) State plans to be used as models for de-
                                               (A) that meets the efficiency criteria de-            means the Secretary of Energy.                         veloping a systematic and holistic approach
                                             scribed in clauses (ii) and (iii) of section              ‘‘(b) ESTABLISHMENT OF PERMANENT PRO-                to energy system resilience; and
                                             48(c)(3)(A) of the Internal Revenue Code of             GRAM.—In carrying out the duties of the Sec-              (B) all-hazards, all-fuels energy emergency
                                             1986; and                                               retary under Emergency Support Function                plans and mitigation actions.
                                               (B) under which heat that is convention-              12 of the National Response Plan, the Sec-                (2) APPLICATION.—
                                             ally rejected is—                                       retary shall establish a permanent program                (A) IN GENERAL.—To be eligible to receive a
                                               (i) recovered; and                                    within the Office of Electricity Delivery and          grant under this subsection, a State, acting
                                               (ii) used to meet thermal energy require-             Energy Reliability under which the Sec-                jointly with the State energy office and the
                                             ments.                                                  retary shall conduct regional energy emer-             public utility or service commission of the




dlhill on DSKBBY8HB2PROD with SENATE
                                               (2) DISTRIBUTED ENERGY RESOURCE.—The                  gency preparedness exercises to strengthen             State (or a substantially similar entity) and
                                             term ‘‘distributed energy resource’’ means              the capability of participants to respond to,          in consultation with State energy manage-
                                             any energy technology that is—                          and recover from, severe events affecting the          ment offices, utilities (including municipal
                                               (A) located on a customer site;                       reliable operation of the energy system.               utilities), electric cooperatives, and private-
                                               (B) operating on the customer side of the               ‘‘(c) REQUIREMENTS.—An exercise con-                 sector partners in the applicable State or re-
                                             electric meter; and                                     ducted under subsection (b) shall include              gion, shall submit to the Secretary an appli-
                                               (C) interconnected with the grid.                     analyses of—                                           cation at such time, in such manner, and




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00061   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.055   S03MRPT1
                                             S1334                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             containing such information as the Sec-                 secure, and flexible operation of the energy             (A) covers eligible land that will not be
                                             retary may require.                                     system; and                                            converted for development;
                                               (B) INCLUSIONS.—An application submitted                (B) develop a means to securely share with             (B) is enrolled under a carbon incentives
                                             under subparagraph (A) shall include a de-              States those best practices, as available.             contract; and
                                             scription of the manner in which the pro-                 (5) REPORT.—Not later than 2 years after               (C) is consistent with the guidelines for—
                                             posed plan would, with respect to the area              the date on which the pilot program is estab-            (i) the Forest Legacy Program established
                                             proposed to be served by the plan—                      lished under paragraph (1), and biennially             under section 7 of the Cooperative Forestry
                                               (i) improve the resilience of the energy              thereafter for the duration of the program,            Assistance Act of 1978 (16 U.S.C. 2103c), sub-
                                             system and natural gas and petroleum infra-             the Secretary shall submit to Congress a re-           ject to the condition that an eligible prac-
                                             structure that services critical facilities, in-        port that identifies any technical, policy, or         tice shall be considered to be a conservation
                                             cluding medical facilities, first responder             regulatory issues requiring legislative action         value for purposes of such consistency; or
                                             stations, water treatment plants, tele-                 to improve the resilience of—                            (ii) any other program approved by the
                                             communications nodes, schools, and other                  (A) the electric grid;                               Secretary for use under this section to pro-
                                             State and local government facilities used                (B) renewable energy systems;                        vide consistency with Federal legal require-
                                             for emergency shelter;                                    (C) natural gas systems; and                         ments for permanent conservation ease-
                                               (ii) encourage a multi-State coordinated                (D) petroleum refining and distribution              ments.
                                             effort to respond to disasters;                         systems.                                                 (3) ELIGIBLE LAND.—The term ‘‘eligible
                                               (iii) improve the deployment of—                        (6) TERMINATION.—The authority to carry              land’’ means forest land in the United States
                                                                                                     out the pilot program under this subsection            that is privately owned at the time of initi-
                                               (I) energy-efficient practices and tech-
                                                                                                     terminates on the date that is 5 years after           ation of a carbon incentives contract or con-
                                             nologies;
                                                                                                     the date on which the Secretary establishes            servation easement agreement.
                                               (II) distributed energy resources;
                                                                                                     the pilot program under paragraph (1).                   (4) ELIGIBLE PRACTICE.—
                                               (III) combined heat and power tech-
                                                                                                       (7) AUTHORIZATION OF APPROPRIATIONS.—                  (A) IN GENERAL.—The term ‘‘eligible prac-
                                             nologies; and
                                                                                                     There are authorized to be appropriated to             tice’’ means a forestry practice, including
                                               (IV) energy storage;
                                                                                                     the Secretary such sums as are necessary to            improved forest management that produces
                                               (iv) support the implementation of smart
                                                                                                     carry out this subsection, subject to the con-         marketable forest products, that is deter-
                                             grid technology, including—                                                                                    mined by the Secretary to provide measur-
                                               (I) sensors;                                          dition that not more than $20,000,000 may be
                                                                                                     made available to carry out this subsection            able increases in carbon sequestration and
                                               (II) advanced metering;                                                                                      storage beyond customary practices on com-
                                               (III) automation;                                     for any 1 fiscal year.
                                                                                                       (e) CONSULTATION AND COORDINATION.—In                parable land.
                                               (IV) equipment;                                                                                                (B) INCLUSIONS.—The term ‘‘eligible prac-
                                               (V) control systems;                                  carrying out this section and the amend-
                                                                                                     ments made by this section, the Secretary              tice’’ includes—
                                               (VI) high-temperature, low-sag electric                                                                        (i) afforestation on nonforested land, such
                                             transmission and subtransmission cable; and             shall—
                                                                                                       (1) consult with—                                    as    marginal     crop   or   pasture    land,
                                               (VII) other technologies that enable the                                                                     windbreaks, shelterbelts, stream buffers, in-
                                             dynamic optimization of—                                  (A) State public utility commissions;
                                                                                                       (B) State energy offices;                            cluding working land and urban forests and
                                               (aa) electric grid operations; and                                                                           parks, or other areas identified by the Sec-
                                               (bb) energy system hardening;                           (C) regional transmission organizations;
                                                                                                                                                            retary;
                                               (v) address technical and organizational                (D) electric and natural gas utilities;
                                                                                                                                                              (ii) reforestation on forest land impacted
                                             communications obstacles that may impair                  (E) independent power producers;
                                                                                                                                                            by wildfire, pests, wind, or other stresses, in-
                                             getting energy systems back online after dis-             (F) distributed energy providers;
                                                                                                                                                            cluding working land and urban forests and
                                             asters;                                                   (G) energy storage providers;
                                                                                                                                                            parks;
                                               (vi)     improve      protections     against           (H) transportation fuel providers;
                                                                                                                                                              (iii) improved forest management, with ap-
                                             cyberattacks on—                                          (I) telecommunications providers;
                                                                                                                                                            propriate crediting for the carbon benefits of
                                               (I) the energy system;                                  (J) public interest organizations;
                                                                                                                                                            harvested wood products, through practices
                                               (II) natural gas systems; and                           (K) any Department-sponsored entity in-
                                                                                                                                                            such as improving regeneration after har-
                                               (III) petroleum product refining and dis-             volved in a support or advisory activity               vest, planting in understocked forests, reduc-
                                             tribution systems;                                      under Emergency Support Function 12 of the             ing competition from slow-growing species,
                                               (vii) improve petroleum product emer-                 National Response Plan; and                            thinning to encourage growth, changing ro-
                                             gency response and contingency plans im-                  (L) other appropriate stakeholders, as de-           tations to increase carbon storage, improv-
                                             pacting first responder and other mission-              termined by the Secretary; and                         ing harvest efficiency or wood use; and
                                             critical transportation fleets; and                       (2) to the maximum extent practicable,                 (iv) such other practices as the Secretary
                                               (viii) address and improve critical infra-            use—                                                   determines to be appropriate.
                                             structure interdependencies, including with               (A) existing programs at the Department;               (5) FOREST INCENTIVES PROGRAM; PRO-
                                             respect to energy sources, water, tele-                 and                                                    GRAM.—The term ‘‘forest incentives pro-
                                             communications, transportation, and food                  (B) resources available through the Na-              gram’’ or ‘‘program’’ means the forest incen-
                                             system delivery.                                        tional Laboratories.                                   tives program established under subsection
                                               (C) CRITERIA.—The Secretary shall evalu-                                                                     (b)(1).
                                             ate an application for a grant submitted                  SA 1389. Mrs. SHAHEEN submitted                        (6) SECRETARY.—The term ‘‘Secretary’’
                                             under this subsection—                                  an amendment intended to be proposed                   means the Secretary of Agriculture.
                                               (i) on the basis of merit; and                        by her to the bill S. 2657, to support in-               (b) SUPPLEMENTAL GREENHOUSE GAS EMIS-
                                               (ii) using criteria identified by the Sec-            novation in advanced geothermal re-                    SION REDUCTIONS IN UNITED STATES.—
                                             retary, including—                                      search and development, and for other                    (1) IN GENERAL.—The Secretary shall estab-
                                               (I) whether there exists demonstrated sup-            purposes; which was ordered to lie on                  lish a forest incentives program to achieve
                                             port for the plan from utilities, electric co-                                                                 supplemental greenhouse gas emission re-
                                             operatives, municipal utilities, and private-
                                                                                                     the table; as follows:                                 ductions and carbon sequestration on private
                                             sector partners in the applicable State or re-            At the appropriate place, insert the fol-            forest land of the United States through—
                                             gion;                                                   lowing:                                                  (A) carbon incentives contracts; and
                                               (II) whether transportation systems and               SEC. lll. FOREST INCENTIVES PROGRAM.                     (B) conservation easement agreements.
                                             delivered fuels are adequately addressed;                 (a) DEFINITIONS.—In this section:                      (2) PRIORITY.—In selecting projects under
                                               (III) whether the plan would provide for                (1) CARBON INCENTIVES CONTRACT; CON-                 this subsection, the Secretary shall provide a
                                             the dissemination of results obtained in car-           TRACT.—The term ‘‘carbon incentives con-               priority for contracts and agreements—
                                             rying out the plan; and                                 tract’’ or ‘‘contract’’ means a 15- to 30-year           (A) that sequester the most carbon on a per
                                               (IV) the permanence of the infrastructure             contract that specifies—                               acre basis, with appropriate crediting for the
                                             to be put in place by the plan.                           (A) the eligible practices that will be un-          carbon benefits of harvested wood products;
                                               (3) REGIONAL DIVERSITY.—To the maximum                dertaken;                                              and
                                             extent practicable, the Secretary shall en-               (B) the acreage of eligible land on which              (B) that create forestry jobs or protect
                                             sure regional diversity among States that re-           the practices will be undertaken;                      habitats and achieve significant other envi-
                                             ceive grants under this subsection, including             (C) the agreed rate of compensation per              ronmental, economic, and social benefits.
                                             participation by—                                       acre;                                                    (3) ELIGIBILITY.—
                                               (A) rural States; and                                   (D) a schedule to verify that the terms of             (A) IN GENERAL.—To participate in the pro-




dlhill on DSKBBY8HB2PROD with SENATE
                                               (B) small States.                                     the contract have been fulfilled; and                  gram, an owner of eligible land shall—
                                               (4) BEST PRACTICES.—In carrying out the                 (E) such other terms as are determined                 (i) enter into a carbon incentives contract;
                                             pilot program under this subsection, the Sec-           necessary by the Secretary.                            and
                                             retary shall—                                             (2) CONSERVATION EASEMENT AGREEMENT;                   (ii) fulfill such other requirements as the
                                               (A) identify and collect information re-              AGREEMENT.—The term ‘‘conservation ease-               Secretary determines to be necessary.
                                             garding best practices for strengthening the            ment agreement’’ or ‘‘agreement’’ means a                (B) CONTINUED ELIGIBLE PRACTICES.—An
                                             capability of States to improve the resilient,          permanent conservation easement that—                  owner of eligible land who has been carrying




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00062   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.048   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1335
                                             out eligible practices on the eligible land               (1)  MEASUREMENT,     MONITORING,    AND                (1) APPLICATIONS.—To be eligible to par-
                                             shall not be barred from entering into a car-           VERIFICATION.—The Secretary shall establish            ticipate in the program, the owner of an eli-
                                             bon incentives contract under this sub-                 and implement protocols that provide moni-             gible building shall submit to the Secretary
                                             section to continue carrying out the eligible           toring and verification of compliance with             an application at such time, in such manner,
                                             practices on the eligible land.                         the terms of contracts and agreements.                 and containing such information as the Sec-
                                               (C) DURATION OF CONTRACT.—A contract                    (2) REPORTING REQUIREMENT.—At least an-              retary may require.
                                             shall be for a term of not less than 15, nor            nually, the Secretary shall submit to Con-                (2) COMPONENTS.—In establishing the pro-
                                             more than 30, years, as determined by the               gress a report that contains—                          gram, the Secretary shall require that pay-
                                             owner of eligible land.                                   (A) an estimate of annual and cumulative             ments for activities under the program shall
                                               (D) COMPENSATION UNDER CONTRACT.—The                  reductions achieved as a result of the pro-            be—
                                             Secretary shall determine the rate of com-              gram, determined using standardized meas-                 (A) established at a rate not to exceed the
                                             pensation per acre under the contract so                ures, including measures of economic effi-             net estimated benefit an owner of an eligible
                                             that the longer the term of the contract, the           ciency;                                                building would receive for similar practices
                                             higher rate of compensation.                              (B) a summary of any changes to the pro-             under any federally established carbon offset
                                               (E) RELATIONSHIP TO OTHER PROGRAMS.—An                gram that will be made as a result of pro-             program, taking into consideration the costs
                                             owner or operator shall not be prohibited               gram     measurement,      monitoring,     and         associated with the issuance of credits and
                                             from participating in the program due to                verification;                                          compliance with reversal provisions;
                                             participation of the owner or operator in                 (C) the total number of acres enrolled in               (B) provided to owners of eligible buildings
                                             other Federal or State conservation assist-             the program by method; and                             demonstrating at least a 20-percent reduc-
                                             ance programs.                                            (D) a State-by-State summary of the data.            tion in carbon emissions potential, based on
                                               (4) COMPLIANCE.—In developing regulations               (3) AVAILABILITY OF REPORT.—Each report              a lifecycle assessment of the structural as-
                                             for carbon incentives contracts under this              required by this subsection shall be available         semblies, as compared to the structural as-
                                             subsection, the Secretary shall specify re-             to the public through the website of the De-           semblies of a model building, subject to the
                                             quirements to address whether the owner of              partment of Agriculture.                               requirements that—
                                             eligible land has completed contract and                  (4) PROGRAM ADJUSTMENTS.—At least once                  (i) the Secretary shall identify a model
                                             agreement requirements.                                 every 2 years the Secretary shall adjust eli-          baseline nonresidential building—
                                               (c) INCENTIVE PAYMENTS.—                              gible practices and compensation rates for                (I) of common size and function; and
                                               (1) IN GENERAL.—The Secretary shall pro-              future carbon incentives contracts based on               (II) having a service life of not less than 60
                                             vide to owners of eligible land financial in-           the results of monitoring under paragraph (1)          years; and
                                             centive payments for—                                   and reporting under paragraph (2), if deter-              (ii) applicants shall evaluate the carbon
                                               (A) eligible practices that measurably in-            mined necessary by the Secretary.                      emissions potential of the baseline building
                                             crease carbon sequestration and storage over              (5) ESTIMATING CARBON BENEFITS.—Any                  and the proposed building using the same
                                             a designated period on eligible land, with ap-          modeling, methodology, or protocol resource            lifecycle assessment software tool and data
                                             propriate crediting for the carbon benefits of          developed under this section—                          sets, which shall be compliant with the docu-
                                             harvested wood products, as specified                     (A) shall be suitable for estimating carbon          ment numbered ISO 14044; and
                                             through a carbon incentives contract; and               benefits associated with eligible practices for           (C) provided on certification by the owner
                                               (B) subject to paragraph (2), conservation            the purpose of incentives under this section;          of an eligible building and verification by
                                             easements on eligible land covered under a              and                                                    the Secretary, after consultation with the
                                             conservation easement agreement.                          (B) may be used for netting by States or             Secretary of Energy, that—
                                               (2) COMPENSATION.—The Secretary shall de-             emission sources under Federal programs re-               (i) the eligible building meets the require-
                                             termine the amount of compensation to be                lating to carbon emissions.                            ments of the applicable State commercial
                                             provided under a contract under this sub-                 (g) AUTHORIZATION OF APPROPRIATIONS.—                building energy efficiency code (as in effect
                                             section based on the emissions reductions               There are authorized to be appropriated to             on the date of the applicable permit of the
                                             obtained or avoided and the duration of the             carry out this section such sums as are nec-           eligible building); and
                                             reductions, with due consideration to pre-              essary.                                                   (ii) the State has made the certification re-
                                             vailing carbon pricing as determined by any                                                                    quired pursuant to section 304 of the Energy
                                                                                                     SEC. lll. MATERIAL CHOICES IN BUILDINGS
                                             relevant or State compliance offset pro-                          FOR SUPPLEMENTAL GREENHOUSE                  Conservation and Production Act (42 U.S.C.
                                             grams.                                                            GAS EMISSION REDUCTIONS IN                   6833).
                                               (3) NO CONSERVATION EASEMENT AGREEMENT                          UNITED STATES.                                  (3) INCENTIVE PAYMENTS.—A participant in
                                             REQUIRED.—Eligibility for financial incentive             (a) DEFINITIONS.—In this section:                    the program shall receive payment under the
                                             payments under a carbon incentives contract               (1) ELIGIBLE BUILDING.—The term ‘‘eligible           program on completion of construction or
                                             described in paragraph (1)(A) shall not re-             building’’ means a nonresidential building             renovation of the applicable eligible build-
                                             quire a conservation easement agreement.                used for commercial or State or local gov-             ing.
                                               (d) REGULATIONS.—Not later than 1 year
                                                                                                     ernment purposes.
                                             after the date of enactment of this Act, the                                                                     (d) REPORTS.—Not less frequently than
                                                                                                       (2) ELIGIBLE PRODUCT.—The term ‘‘eligible
                                             Secretary shall issue regulations that speci-                                                                  once each year, the Secretary shall submit
                                                                                                     product’’ means a commercial or industrial
                                             fy eligible practices and related compensa-                                                                    to Congress a report that contains—
                                                                                                     product, such as an intermediate, feedstock,
                                             tion rates, standards, and guidelines as the                                                                     (1) an estimate of annual and cumulative
                                             basis for entering into the program with                or end product (other than food or feed), that
                                                                                                     is composed in whole or in part of biological          reductions achieved as a result of the pro-
                                             owners of eligible land.                                                                                       gram—
                                               (e) SET-ASIDE OF FUNDS FOR CERTAIN PUR-               products, including renewable agricultural
                                                                                                     and forestry materials used as structural                (A) determined by using lifecycle assess-
                                             POSES.—
                                                                                                     building material.                                     ment software that is compliant with the
                                               (1) IN GENERAL.—At the discretion of the                                                                     document numbered ISO 14044; and
                                             Secretary, a portion of program funds made                (3) PROGRAM.—The term ‘‘program’’ means
                                                                                                     the greenhouse gas incentives program es-                (B) expressed in terms of the total number
                                             available under this program for a fiscal year                                                                 of cars removed from the road;
                                             may be used—                                            tablished under this section.
                                                                                                       (4) SECRETARY.—The term ‘‘Secretary’’                  (2) a summary of any changes to the pro-
                                               (A) to develop forest carbon modeling and                                                                    gram that will be made as a result of past
                                             methodologies that will improve the projec-             means the Secretary of Agriculture.
                                                                                                       (b) SUPPLEMENTAL GREENHOUSE GAS EMIS-                implementation of the program; and
                                             tion of carbon gains for any forest practices                                                                    (3) the total number of buildings under car-
                                             made eligible under the program;                        SION REDUCTIONS IN BUILDINGS.—
                                                                                                       (1) IN GENERAL.—The Secretary shall estab-           bon incentives contracts as of the date of the
                                               (B) to provide additional incentive pay-                                                                     report.
                                             ments for specified management activities               lish a greenhouse gas incentives program to
                                             that increase the adaptive capacity of land             achieve supplemental greenhouse gas emis-                (e) ANALYTICAL REQUIREMENTS.—For pur-
                                             under a carbon incentives contract; and                 sion reductions from material choices in               poses of this section—
                                               (C) for the Forest Inventory and Analysis             buildings, based on the lifecycle assessment             (1) any carbon emissions potential calcula-
                                             Program of the Forest Service to develop im-            of the building materials.                             tion shall—
                                             proved measurement and monitoring of for-                 (2) FINANCIAL INCENTIVE PAYMENTS.—The                  (A) be performed in accordance with stand-
                                             est carbon stocks.                                      Secretary shall provide to owners of eligible          ard lifecycle assessment practice; and
                                               (2) PROGRAM COMPONENTS.—In establishing               buildings incentive payments for the use of              (B) include removal and sequestration of
                                             the program, the Secretary shall provide                eligible products in buildings for seques-             carbon dioxide from the use of biobased prod-
                                             that funds provided under this section shall            tering carbon based on a lifecycle assess-             ucts, as well as recycled content materials;




dlhill on DSKBBY8HB2PROD with SENATE
                                             not be substituted for, or otherwise used as a          ment of the structural assemblies, as com-               (2) a full lifecycle assessment shall be con-
                                             basis for reducing, funding authorized or ap-           pared to a model building as a result of using         ducted taking into consideration all lifecycle
                                             propriated under other programs to com-                 eligible products in substitution for more en-         stages, including—
                                             pensate owners of eligible land for activities          ergy-intensive materials in—                             (A) resource extraction and processing;
                                             that are not covered under the program.                   (A) new construction; or                               (B) product manufacturing;
                                               (f) PROGRAM MEASUREMENT, MONITORING,                    (B) building renovation.                               (C) onsite construction of assemblies;
                                             VERIFICATION, AND REPORTING.—                             (c) PROGRAM REQUIREMENTS.—                             (D) transportation;




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00063   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.049   S03MRPT1
                                             S1336                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                               (E) maintenance and replacement cycles                  (3) GRID.—The term ‘‘grid’’ means the elec-          Secretary shall convene a working group (re-
                                             over an assumed eligible building service life          tric grid that is composed of both distribu-           ferred to in this paragraph as the ‘‘Group’’)
                                             of 60 years; and                                        tion and transmission lines, and associated            to address regulatory barriers to deployment
                                               (F) demolition;                                       facilities, including substations, sensors, and        of intelligent grid integration of clean dis-
                                               (3) structural assemblies shall be consid-            operational controls.                                  tributed energy technologies.
                                             ered to include columns, beams, girders,                  (4) INTELLIGENCE.—The term ‘‘intelligence’’             (B) PURPOSE.—The purpose of the Group is
                                             purlins, floor deck, roof, and structural enve-         means any devices or technologies that                 to provide guidance on how to address the
                                             lope elements;                                          manifest adaptive, anticipatory, and dy-               regulatory and economic factors that limit
                                               (4) primary materials shall be considered             namic optimization behavior.                           widespread integration of grid-level clean
                                             to include common products used as the                    (c) RESEARCH AND DEPLOYMENT PLAN FOR                 distributed energy use in order to advance
                                             structural system, such as wood, steel, con-            ENHANCED INTEGRATION OF CLEAN DISTRIB-                 the integration of clean distributed energy
                                             crete, or masonry; and                                  UTED ENERGY WITH THE GRID.—                            into electric grids.
                                               (5) the effects of recycling, reuse, or energy          (1) IN GENERAL.—The Secretary shall carry               (C) MEMBERSHIP.—The Group shall be com-
                                             recovery beyond the boundaries of an appli-             out efforts for advancing the integration of           posed of—
                                             cable study system shall not be taken in ac-            clean distributed energy into electric grids.             (i) representatives from—
                                             count.                                                    (2) STUDY AND REPORT ON THE STATUS OF                   (I) State public utility commissions;
                                               (f) AUTHORIZATION OF APPROPRIATIONS.—                 GRID INTEGRATION.—                                        (II) State energy offices;
                                             There are authorized to be appropriated such              (A) IN GENERAL.—Not later than 180 days                 (III) regional transmission organizations;
                                             sums as are necessary to carry out this sec-            after the date of enactment of this Act, the              (IV) electric and natural gas utilities;
                                             tion.                                                   Secretary, after consultation with State                  (V) independent power producers;
                                                                                                     public utility commissions, State energy of-              (VI) clean distributed energy providers;
                                               SA 1390. Mrs. SHAHEEN submitted                       fices, regional transmission organizations,            and
                                             an amendment intended to be proposed                    electric and natural gas utilities, inde-                 (VII) public interest organizations; and
                                             by her to the bill S. 2657, to support in-              pendent power producers, clean distributed                (ii) any other appropriate stakeholders de-
                                                                                                     energy providers, public interest organiza-            termined by the Secretary to have a mate-
                                             novation in advanced geothermal re-                     tions, and other appropriate stakeholders,             rial interest in the development, implemen-
                                             search and development, and for other                   shall conduct a study on the status of inte-           tation, siting, and integration of clean dis-
                                             purposes; which was ordered to lie on                   gration of clean distributed energy into the           tributed energy technology or systems into
                                             the table; as follows:                                  grid, identifying any issues that require ad-          the electric grid.
                                               At the end of subtitle H of title I, insert           ditional research or regulatory development.              (D) DUTIES.—The duties of the Group shall
                                             the following:                                            (B) INCLUSIONS.—In conducting the study              be—
                                             SEC. 18ll. RESEARCH AND DEPLOYMENT PLAN                 under subparagraph (A), the Secretary                     (i) to review the regulatory barriers identi-
                                                         FOR ENHANCED INTEGRATION OF                 shall—                                                 fied in the report prepared by the Secretary
                                                         CLEAN DISTRIBUTED ENERGY WITH                 (i) identify and quantify the benefits to all        under paragraph (2)(C);
                                                         THE GRID.                                   stakeholders of expanded integration of                   (ii) to identify any additional regulatory
                                               (a) FINDINGS.—Congress finds that—                    clean distributed energy resources into the            barriers that inhibit the installation of dis-
                                                (1) research by the Secretary and the Ad-            grid;                                                  tributed energy; and
                                             ministrator of the Environmental Protection               (ii) identify any technical issues (including           (iii) to recommend to the Secretary ac-
                                             Agency has found that clean distributed en-             cybersecurity concerns) that require re-               tions that should be considered to remove
                                             ergy technologies can create important val-             search to identify solutions; and                      the barriers identified under clauses (i) and
                                             ues for both the host facility and the electric           (iii) identify any regulatory barriers that          (ii).
                                             grid operator;                                          inhibit the expanded integration of clean dis-            (E) REPORT.—Not later than 3 years after
                                                (2) the values described in paragraph (1)            tributed energy resources into the grid.               the date of enactment of this Act, the Sec-
                                             can include, for the host facility—                       (C) REPORT.—Not later than 1 year after              retary shall prepare and submit to Congress
                                                (A) energy bill savings;                             the date of enactment of this Act, the Sec-            a report based on the recommendations of
                                                (B) additional revenue from offering ancil-          retary shall submit to Congress a report de-           the Group under subparagraph (D)(iii), to be
                                             lary services to the electric grid operator;            scribing the results of the study conducted            made publicly available.
                                                (C) increased electric reliability in the            under subparagraph (A).                                   (F) FUNDING.—The Secretary may request
                                             event of grid outages; and                                (D) BEST PRACTICES.—Based on the findings            funding as necessary to carry out this para-
                                                (D) improved electric power quality;                 of the report described in subparagraph (C),           graph, but in no case shall funding exceed
                                                (3) the values described in paragraph (1)            the Secretary shall establish and distribute           $2,000,000 in any 1 fiscal year.
                                             can include, for the electric grid operator—            to States best practices to encourage the in-             (5) DEMONSTRATIONS OF INTELLIGENT GRID
                                                (A) avoiding the need for transmission and           tegration of clean distributed energy into             INTEGRATION OF CLEAN DISTRIBUTED ENERGY
                                             distribution upgrade investments;                       the grid.                                              SYSTEMS.—
                                                (B) enhanced grid stability by providing re-           (E) FUNDING.—The Secretary shall use un-               (A) IN GENERAL.—Based on the findings in
                                             active power;                                           obligated funds of the Department to carry             the reports conducted under this subsection
                                                (C) voltage and frequency stabilization;             out this paragraph.                                    and not later than 3 years after the date of
                                             and                                                       (3) RESEARCH INTO THE TECHNICAL BARRIERS             enactment of this Act, the Secretary shall
                                                (D) more reliable and stable operation of            TO THE INTEGRATION OF CLEAN DISTRIBUTED                issue a solicitation for demonstration of in-
                                             the grid by providing dispatchable energy to            ENERGY WITH THE GRID.—                                 tegration of distributed energy resources
                                             the grid during periods of insufficient capac-            (A) IN GENERAL.—Not later than 18 months             into the grid.
                                             ity or supply; and                                      after the date of enactment of this Act, the             (B) ELIGIBLE ENTITIES.—Any individual en-
                                                (4) new advances in intelligent sensing and          Secretary shall—                                       tity or group of entities may submit to the
                                             simulation and control technologies offer                 (i) issue a solicitation for research pro-           Secretary      proposals    for demonstration
                                             the potential to enhance the benefits of                posals to address the technical barriers iden-         projects based on the solicitation described
                                             clean distributed generation to both the host           tified in the report submitted under para-             in subparagraph (A), including—
                                             facility and the electric grid operator from            graph (2)(C); and                                        (i) State and local agencies;
                                             dynamic, adaptive, and anticipatory re-                   (ii) make grants to those applicants with              (ii) public institutions;
                                             sponse to changing grid conditions.                     research proposals selected by the Secretary             (iii) private companies;
                                                (b) DEFINITIONS.—In this section:                    in accordance with subparagraph (B).                     (iv) electric and natural gas utilities; and
                                                (1) ANCILLARY SERVICE.—The term ‘‘ancil-               (B) CRITERIA.—The Secretary shall select               (v) equipment manufacturers.
                                             lary service’’ means those services necessary           research proposals to receive a grant under              (C) GRANTS AUTHORIZED.—The Secretary
                                             to support the transmission of electric power           this paragraph on the basis of merit, using            may make grants, in amounts not to exceed
                                             from seller to purchaser given the obliga-              criteria identified by the Secretary, includ-          a total of $5,000,000, to eligible entities to
                                             tions of control areas and transmitting utili-          ing the likelihood that the research results           carry out demonstration projects, to be se-
                                             ties within those control areas to maintain             will address critical barriers identified by           lected based on—
                                             reliable operations of the interconnected               the Secretary.                                           (i) the technical merits of the demonstra-
                                             transmission system.                                      (C) FUNDING.—Beginning in the first full             tion project;
                                                (2) CLEAN DISTRIBUTED ENERGY.—The term               fiscal year following the date of enactment              (ii) the likelihood that the demonstration
                                             ‘‘clean distributed energy’’ means energy               of this Act, and annually thereafter for 2             project will address critical barriers identi-
                                             technologies that are located on or near the            years, the Secretary may request funding as            fied by the Secretary under this subsection;




dlhill on DSKBBY8HB2PROD with SENATE
                                             customer site operating on the customer side            necessary to carry out this paragraph, but in          and
                                             of the electric meter and are interconnected            no case shall funding exceed $5,000,000 in any           (iii) the share of non-Federal funds for the
                                             with the electric grid, including—                      1 fiscal year.                                         demonstration project.
                                                (A) clean electric generation;                         (4) CREATION OF A STAKEHOLDER WORKING                  (D) FUNDING.—Beginning in the third full
                                                (B) customer electric efficiency measures;           GROUP.—                                                fiscal year following the date of enactment
                                                (C) electric demand flexibility; and                   (A) IN GENERAL.—Not later than 18 months             of this Act, and annually thereafter for 3
                                                (D) energy storage.                                  after the date of enactment of this Act, the           years, the Secretary may request funding as




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00064   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.049   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1337
                                             necessary to carry out this paragraph, but in           shall award grants, on a competitive basis,            vironmental Protection Agency (referred to
                                             no case shall funding exceed $15,000,000 in             to States and units of local government to             in this subsection as the ‘‘Administrator’’) in
                                             any 1 fiscal year.                                      assist in the establishment or enhancement             accordance with the terms of applicable
                                               (6) REPORT.—The Secretary annually shall              of State battery collection, recycling, and            agreements between the Secretary and the
                                             submit to Congress a report that—                       reprocessing programs.                                 Administrator.
                                               (A) describes the progress made in carrying             (B) NON-FEDERAL COST SHARE.—The non-                   (f) TASK FORCE ON PRODUCER REQUIRE-
                                             out this subsection; and                                Federal share of the cost of a project carried         MENTS.—
                                               (B) identifies any technical or regulatory            out using a grant under this paragraph shall             (1) IN GENERAL.—The Secretary shall con-
                                             issues that require legislative action.                 be 50 percent of the cost of the project.              vene a task force to develop an extended bat-
                                                                                                       (C) REPORT.—Not later than 2 years after             tery producer responsibility framework
                                               SA 1391. Mr. KING (for himself, Mr.                   the date of enactment of this Act, and annu-           that—
                                             BURR, and Mr. CARPER) submitted an                      ally thereafter, the Secretary shall submit              (A) addresses battery recycling goals, cost
                                             amendment intended to be proposed by                    to Congress a report that describes the num-           structures for mandatory recycling, report-
                                                                                                     ber of battery collection points established           ing requirements, product design, collection
                                             him to the bill S. 2657, to support inno-               or enhanced, an estimate of jobs created, and          models, and transportation of collected ma-
                                             vation in advanced geothermal re-                       the quantity of material collected as a result         terials;
                                             search and development, and for other                   of the grants awarded under subparagraph                 (B) provides sufficient flexibility to allow
                                             purposes; which was ordered to lie on                   (A).                                                   battery producers to determine cost-effec-
                                             the table; as follows:                                    (3) RETAILERS AS COLLECTION POINTS.—                 tive strategies for compliance with the
                                               At the appropriate place in title I, insert             (A) IN GENERAL.—The Secretary shall                  framework; and
                                             the following:                                          award grants, on a competitive basis, to re-             (C) outlines regulatory pathways for effec-
                                                                                                     tailers that sell batteries to establish and           tive recycling.
                                             SEC. 1ll. BATTERY AND CRITICAL MINERAL RE-
                                                        CYCLING.
                                                                                                     implement a system for the acceptance and                (2) TASK FORCE PARTICIPANTS.—The task
                                                                                                     collection of used batteries for reuse, recy-          force convened under paragraph (1) shall in-
                                               (a) DEFINITION OF BATTERY.—In this sec-
                                                                                                     cling, or proper disposal.                             clude—
                                             tion, the term ‘‘battery’’ means a battery
                                                                                                       (B) COLLECTION SYSTEM.—The system de-                  (A) battery producers, retailers, recyclers,
                                             that is—                                                scribed in subparagraph (A) shall include
                                               (1) rechargeable; and                                                                                        collectors, and refiners;
                                                                                                     take-back of used batteries at no cost to the            (B) States and municipalities; and
                                               (2) electrochemical, including lithium ion            consumer.
                                             and other chemistries.                                                                                           (C) other relevant stakeholders, as deter-
                                                                                                       (c) LITHIUM-ION BATTERY RECYCLING PRIZE              mined by the Secretary.
                                               (b) GRANTS.—                                          COMPETITION.—
                                               (1) BATTERY RECYCLING RESEARCH, DEVELOP-                                                                       (3) REPORT.—Not later than 1 year after
                                                                                                       (1) IN GENERAL.—The Secretary shall con-             the date on which the Secretary convenes
                                             MENT, AND DEMONSTRATION GRANTS.—                        tinue to carry out the existing Lithium-Ion
                                               (A) IN GENERAL.—The Secretary shall                                                                          the task force under paragraph (1), the Sec-
                                                                                                     Battery Recycling Prize competition of the             retary shall submit to Congress a report
                                             award multiyear grants to eligible entities             Department established under section 24 of
                                             for research, development, and demonstra-                                                                      that—
                                                                                                     the Stevenson-Wydler Technology Innova-                  (A) describes the extended producer respon-
                                             tion projects to create innovative and prac-            tion Act of 1980 (15 U.S.C. 3719).
                                             tical approaches to increase the reuse and re-                                                                 sibility framework developed by the task
                                                                                                       (2)    ADDITIONAL     FUNDING     FOR    PILOT
                                                                                                                                                            force;
                                             cycling of batteries, including by address-             PROJECTS.—In addition to any other funds
                                             ing—                                                                                                             (B) includes the recommendations of the
                                                                                                     made available to the Secretary to carry out           task force on how best to implement a man-
                                               (i) recycling processes;                              the competition described in paragraph (1),
                                               (ii) the development of methods to pro-                                                                      datory pay-in or other enforcement mecha-
                                                                                                     there is authorized to be appropriated to the          nism to ensure battery producers and sellers
                                             mote the design and production of batteries             Secretary to carry out Phase III of that com-
                                             that take into full account and facilitate the                                                                 are contributing to the recycling of bat-
                                                                                                     petition $10,000,000 for fiscal year 2021, to re-      teries; and
                                             dismantling, reuse, recovery, and recycling             main available until expended, which the
                                             of battery components and materials;                                                                             (C) suggests regulatory pathways for effec-
                                                                                                     Secretary may use—                                     tive recycling.
                                               (iii) strategies to increase consumer ac-               (A) to increase the number of winners of               (g) AUTHORIZATION OF APPROPRIATIONS.—
                                             ceptance of, and participation in, the recy-            Phase III of that competition;                         There is authorized to be appropriated to
                                             cling of batteries; and                                   (B) to increase the amount awarded to the            carry out this section $30,000,000 for each of
                                               (iv) the integration of increased quantities          winners of Phase III of that competition; or           fiscal years 2021 through 2025.
                                             of recycled critical minerals in batteries and            (C) to carry out any other activity that is
                                             other products to develop markets for recy-             consistent with the goals of Phase III of that           SA 1392. Mr. KING (for himself and
                                             cled battery materials and critical minerals.           competition, as determined by the Sec-
                                               (B) ELIGIBLE ENTITIES.—The Secretary may
                                                                                                                                                            Ms. ERNST) submitted an amendment
                                                                                                     retary.                                                intended to be proposed by him to the
                                             award a grant under subparagraph (A) to—                  (d) BEST PRACTICES FOR COLLECTION OF
                                               (i) an institution of higher education;               BATTERIES.—                                            bill S. 2657, to support innovation in
                                               (ii) a National Laboratory;                             (1) IN GENERAL.—The Administrator of the             advanced geothermal research and de-
                                               (iii) a Federal research agency;                      Environmental Protection Agency (referred              velopment, and for other purposes;
                                               (iv) a State research agency;                         to in this subsection as the ‘‘Adminis-                which was ordered to lie on the table;
                                               (v) a nonprofit organization;                         trator’’) shall develop best practices for the         as follows:
                                               (vi) an industrial entity;                            collection of batteries that may be cost-ef-             At the end of subtitle C of title II, add the
                                               (vii) a manufacturing entity;                         fectively implemented by States and units of           following:
                                               (viii) a private battery-collection entity;           local government.                                      SEC. 2307. WIND TECHNICIAN TRAINING GRANT
                                               (ix) a State or municipal government enti-              (2)    COORDINATION.—The        Administrator                    PROGRAM.
                                             ty;                                                     shall develop best practices under paragraph             (a) IN GENERAL.—Title XI of the Energy
                                               (x) a battery retailer; or                            (1) in coordination with State and local lead-         Policy Act of 2005 (42 U.S.C. 16411 et seq.) is
                                               (xi) a consortium of 2 or more entities de-           ers and entities in relevant private sectors.          amended by adding at the end the following:
                                             scribed in clauses (i) through (x).                       (3) REPORT.—Not later than 1 year after              ‘‘SEC. 1107. WIND TECHNICIAN TRAINING GRANT
                                               (C) APPLICATIONS.—                                    the date of enactment of this Act, the Ad-                          PROGRAM.
                                               (i) IN GENERAL.—To be eligible to receive a           ministrator shall submit to Congress a re-                ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In
                                             grant under subparagraph (A), an eligible en-           port describing the best practices developed           this section, the term ‘eligible entity’ means
                                             tity described in subparagraph (B) shall sub-           under this subsection.                                 a community college or technical school
                                             mit to the Secretary an application at such               (e) VOLUNTARY LABELING PROGRAM.—                     that offers a wind training program.
                                             time, in such manner, and containing such                 (1) IN GENERAL.—There is established with-             ‘‘(b) GRANT PROGRAM.—The Secretary shall
                                             information as the Secretary may require.               in the Department and the Environmental                establish a program under which the Sec-
                                               (ii) CONTENTS.—An application submitted               Protection Agency a voluntary program to               retary shall award grants, on a competitive
                                             under clause (i) shall describe how the                 promote battery recycling and identify col-            basis, to eligible entities to purchase large
                                             project will promote collaboration among—               lection points in order to reduce battery              pieces of wind component equipment (such
                                               (I) vehicle battery manufacturers;                    waste, improve collection, and reduce safety           as nacelles, towers, and blades) for use in
                                               (II) other battery manufacturers;                     concerns through—                                      training wind technician students.
                                               (III) battery material and equipment man-               (A) voluntary labeling of batteries; or                ‘‘(c) FUNDING.—Of the amounts made avail-




dlhill on DSKBBY8HB2PROD with SENATE
                                             ufacturers;                                               (B) other forms of communication about               able to the Secretary for administrative ex-
                                               (IV) battery recyclers, collectors, and re-           the reuse and recycling of critical materials          penses to carry out other programs under the
                                             finers; and                                             from batteries.                                        authority of the Secretary, the Secretary
                                               (V) retailers.                                          (2) DIVISION OF RESPONSIBILITIES.—Respon-            shall use to carry out this section $2,000,000
                                               (2) STATE AND LOCAL PROGRAMS.—                        sibilities under the program established by            for each of fiscal years 2021 through 2026.’’.
                                               (A) IN GENERAL.—The Secretary shall es-               paragraph (1) shall be divided between the               (b) CLERICAL AMENDMENT.—The table of
                                             tablish a program under which the Secretary             Secretary and the Administrator of the En-             contents for the Energy Policy Act of 2005




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00065   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.076   S03MRPT1
                                             S1338                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             (Public Law 109–58; 119 Stat. 601) is amended                    TITLE IV—MISCELLANEOUS                        vation in advanced geothermal re-
                                             by inserting after the item relating to sec-            SEC. 4001. NONNATIVE PLANT SPECIES REMOVAL             search and development, and for other
                                             tion 1106 the following:                                            GRANT PROGRAM.                             purposes; which was ordered to lie on
                                             ‘‘Sec. 1107. Wind technician training grant               (a) DEFINITIONS.—In this section:                    the table; as follows:
                                                           program.’’.                                 (1) ELIGIBLE ENTITY.—The term ‘‘eligible               Strike section 1802.
                                             SEC. 2308. VETERANS IN WIND ENERGY.                     entity’’ means a partnership between 2 or
                                                                                                     more entities that—                                      SA 1395. Mr. MERKLEY submitted an
                                               (a) IN GENERAL.—Title XI of the Energy
                                                                                                        (A) shall include—                                  amendment intended to be proposed by
                                             Policy Act of 2005 (42 U.S.C. 16411 et seq.) (as
                                                                                                        (i) at least 1 flood control district; and
                                             amended by section 2307(a)) is amended by                                                                      him to the bill S. 2657, to support inno-
                                                                                                        (ii) at least 1 city, county, township, town,
                                             adding at the end the following:
                                                                                                     borough, parish, village, or other general
                                                                                                                                                            vation in advanced geothermal re-
                                             ‘‘SEC. 1108. VETERANS IN WIND ENERGY.                   purpose political subdivision of a State or In-        search and development, and for other
                                               ‘‘(a) IN GENERAL.—The Secretary shall es-             dian tribe (as defined in section 4 of the In-         purposes; which was ordered to lie on
                                             tablish a program to prepare veterans for ca-           dian Self-Determination and Education As-              the table; as follows:
                                             reers in the wind energy industry that shall            sistance Act (25 U.S.C. 5304)); and                      At the end of subtitle C of title II, add the
                                             be modeled off of the Solar Ready Vets pilot               (B) may include any other entity (such as           following:
                                             program formerly administered by the De-                a nonprofit organization or institution of             SEC. 2307. GOOD JOBS FOR 21ST CENTURY EN-
                                             partment of Energy and the Department of                higher education), as determined by the Sec-                       ERGY.
                                             Defense.                                                retary.                                                  (a) DEPARTMENT OF LABOR CERTIFICATION
                                               ‘‘(b) FUNDING.—Of the amounts made avail-                (2) NONNATIVE PLANT SPECIES.—The term               OF QUALIFIED ENTITIES.—
                                             able to the Secretary for administrative ex-            ‘‘nonnative plant species’’ means a plant spe-           (1) DEFINITIONS.—In this subsection:
                                             penses to carry out other programs under the            cies that—                                               (A) APPLICABLE CONSTRUCTION PROJECT.—
                                             authority of the Secretary, the Secretary                  (A) is nonnative or alien to an ecosystem;          The term ‘‘applicable construction project’’,
                                             shall use to carry out this section $2,000,000          and                                                    with respect to an entity, means construc-
                                             for each of fiscal years 2021 through 2026.’’.             (B) if introduced to that ecosystem, will           tion by the entity of any property described
                                               (b) CLERICAL AMENDMENT.—The table of                  cause, or is likely to cause, economic harm,           in section 45L, 48D, or 179D of the Internal
                                             contents for the Energy Policy Act of 2005              environmental harm, or harm to human                   Revenue Code of 1986.
                                             (Public Law 109–58; 119 Stat. 601) (as amended          health.                                                   (B) COVERED PROJECT LABOR AGREEMENT.—
                                             by section 2307(b)) is amended by inserting                (3) SECRETARY.—The term ‘‘Secretary’’               The term ‘‘covered project labor agreement’’
                                             after the item relating to section 1107 the             means the Secretary of Agriculture.                    means a project labor agreement that—
                                             following:                                                 (b) ESTABLISHMENT.—The Secretary shall                 (i) binds all contractors and subcontractors
                                                                                                     establish a grant program to award grants,             on the construction project through the in-
                                             ‘‘Sec. 1108. Veterans in wind energy.’’.                                                                       clusion of appropriate specifications in all
                                                                                                     on a competitive basis, to eligible entities—
                                             SEC. 2309. STUDY AND REPORT ON WIND TECHNI-                (1) to remove nonnative plant species in ri-        relevant solicitation provisions and contract
                                                          CIAN WORKFORCE.                                                                                   documents;
                                                                                                     parian areas that contribute to drought con-
                                               (a) IN GENERAL.—The Secretary shall con-              ditions;                                                  (ii) allows all contractors and subcontrac-
                                             vene a task force comprised of 1 or more rep-              (2) to replace those nonnative plant species        tors to compete for contracts and sub-
                                             resentatives of each of the stakeholders de-            with native plant species; and                         contracts without regard to whether they
                                             scribed in subsection (b) that shall—                      (3) to maintain and monitor riparian areas          are otherwise a party to a collective bar-
                                               (1) conduct a study to assess the needs of            in which nonnative plant species have been             gaining agreement;
                                             wind technicians in the workforce;                      removed and replaced.                                     (iii) contains guarantees against strikes,
                                               (2) create a comprehensive list that—                    (c) APPLICATIONS.—                                  lockouts, and other similar job disruptions;
                                               (A) lists each type of wind technician posi-             (1) IN GENERAL.—To be eligible to receive a            (iv) sets forth effective, prompt, and mutu-
                                             tion available in the United States; and                grant under this section, an eligible entity           ally binding procedures for resolving labor
                                               (B) describes the skill sets required for             shall submit to the Secretary an application           disputes arising during the covered project
                                             each type of position listed under subpara-             at such time, in such manner, and con-                 labor agreement; and
                                             graph (A); and                                          taining such information as the Secretary                 (v) provides other mechanisms for labor-
                                               (3) not later than 1 year after the date of           may require, including—                                management cooperation on matters of mu-
                                             enactment of this Act, make publicly avail-                (A) a plan for how the eligible entity will         tual interest and concern, including produc-
                                             able and submit to Congress a report that—              use grant funds to carry out the activities            tivity, quality of work, safety, and health.
                                               (A) describes the results of that study;                                                                        (C) PROJECT LABOR AGREEMENT.—The term
                                                                                                     described in paragraphs (1) through (3) of
                                               (B) includes the comprehensive list de-                                                                      ‘‘project labor agreement’’ means a pre-hire
                                                                                                     subsection (b);
                                             scribed in paragraph (2); and                                                                                  collective bargaining agreement with one or
                                                                                                        (B) a description of the manner in which
                                               (C) provides recommendations—                                                                                more labor organizations that establishes
                                                                                                     the eligible entity has carried out the con-
                                               (i) for creating a credentialing program                                                                     the terms and conditions of employment for
                                                                                                     sultation required under paragraph (2); and
                                             that may be administered by community                                                                          a specific construction project and is de-
                                                                                                        (C) information demonstrating that each
                                             colleges, technical schools, and other train-                                                                  scribed in section 8(f) of the National Labor
                                                                                                     native plant species described in subsection
                                             ing institutions; and                                                                                          Relations Act (29 U.S.C. 158(f)).
                                                                                                     (b)(2) will—
                                               (ii) that reflect best practices for wind                                                                       (D) QUALIFIED ENTITY.—The term ‘‘quali-
                                                                                                        (i)(I) reduce flood risk;                           fied entity’’ means an entity that the Sec-
                                             technician training programs, as identified                (II) improve hydrology and water storage
                                             by representatives of the wind industry.                                                                       retary of Labor certifies as a qualified entity
                                                                                                     capacities; or                                         in accordance with paragraph (2).
                                               (b) STAKEHOLDERS DESCRIBED.—The stake-                   (III) reduce fire hazard; and                          (E)    REGISTERED      APPRENTICESHIP   PRO-
                                             holders referred to in subsection (a) are—                 (ii) protect and restore rivers and streams         GRAM.—The term ‘‘registered apprenticeship
                                               (1) the Department of Defense;                        and associated riparian habitats, including            program’’ has the meaning given the term in
                                               (2) the Department of Education;                      fish and wildlife resources that are depend-           section 171 of the Workforce Innovation and
                                               (3) the Department;                                   ent on those habitats.                                 Opportunity Act (29 U.S.C. 3226).
                                               (4) the Department of Labor;                             (2) CONSULTATION.—An eligible entity seek-             (2) CERTIFICATION OF QUALIFIED ENTITIES.—
                                               (5) the Department of Veterans Affairs;               ing a grant under this section shall consult              (A) IN GENERAL.—The Secretary of Labor
                                               (6) technical schools and community col-              with local stakeholders, including conserva-           shall establish a process for certifying enti-
                                             leges that have wind technician training pro-           tion groups, to create the plan described in           ties that submit an application under sub-
                                             grams; and                                              paragraph (1)(A).                                      paragraph (B) as qualified entities for pur-
                                               (7) the wind industry.                                   (d) REPORT.—An eligible entity that re-             poses of the amendments made by sub-
                                               (c) FUNDING.—Of the amounts made avail-               ceives a grant under this section shall sub-           sections (b), (c), and (d).
                                             able to the Secretary for administrative ex-            mit to the Secretary a report at such time,               (B) APPLICATION PROCESS.—
                                             penses to carry out other programs under the            in such manner, and containing such infor-                (i) IN GENERAL.—An entity seeking certifi-
                                             authority of the Secretary, the Secretary               mation as the Secretary may require, includ-           cation as a qualified entity under this para-
                                             shall use to carry out this section $500,000.           ing information on methodology and out-                graph shall submit an application to the Sec-
                                                                                                     comes of nonnative plant species removal               retary of Labor at such time, in such man-
                                               SA 1393. Ms. SINEMA submitted an                      and replacement efforts.                               ner, and containing such information as the
                                             amendment intended to be proposed by                       (e) AUTHORIZATION OF APPROPRIATIONS.—               Secretary of Labor may reasonably require,




dlhill on DSKBBY8HB2PROD with SENATE
                                             her to the bill S. 2657, to support inno-               There is authorized to be appropriated to              including information to demonstrate com-
                                                                                                     carry out this section $10,000,000 for fiscal          pliance with the requirements under sub-
                                             vation in advanced geothermal re-                       year 2021 and each fiscal year thereafter.
                                             search and development, and for other                                                                          paragraph (C).
                                                                                                                                                               (ii) REQUESTS FOR ADDITIONAL INFORMA-
                                             purposes; which was ordered to lie on                     SA 1394. Mr. MERKLEY submitted an                    TION.—Not later than 1 year after receiving
                                             the table; as follows:                                  amendment intended to be proposed by                   an application from an entity under clause
                                               At the end, add the following:                        him to the bill S. 2657, to support inno-              (i)—




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00066   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.077   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1339
                                                (I) the Secretary of Labor may request ad-             (hh) section 503 of the Rehabilitation Act           conditional offer would pose a threat to na-
                                             ditional information from the entity in order           of 1973 (29 U.S.C. 793);                               tional security.
                                             to determine whether the entity is in com-                (ii) section 4212 of title 38, United States           (ii) DAVIS-BACON ACT.—The Secretary of
                                             pliance with the requirements under sub-                Code;                                                  Labor shall have, with respect to the labor
                                             paragraph (C); and                                        (jj) the Family and Medical Leave Act of             standards described in clause (i)(I), the au-
                                                (II) the entity shall provide such additional        1993 (29 U.S.C. 2601 et seq.);                         thority and functions set forth in Reorga-
                                             information.                                              (kk) title VII of the Civil Rights Act of 1964       nization Plan Numbered 14 of 1950 (64 Stat.
                                                (iii) DETERMINATION DEADLINE.—The Sec-               (42 U.S.C. 2000e et seq.);                             1267; 5 U.S.C. App.) and section 3145 of title
                                             retary of Labor shall make a determination                (ll) the Americans with Disabilities Act of          40, United States Code.
                                             on whether to certify an entity under this              1990 (42 U.S.C. 12101 et seq.);                          (D) PERIOD OF VALIDITY FOR CERTIFI-
                                             paragraph not later than—                                 (mm) the Age Discrimination in Employ-               CATIONS.—A certification made under this
                                                (I) in a case in which such Secretary re-            ment Act of 1967 (29 U.S.C. 621 et seq.);              paragraph shall be in effect for a period of 5
                                             quests additional information described in                (nn) Executive Order 13658 (79 Fed. Reg.             years. An entity may reapply to the Sec-
                                             clause (ii)(I), 1 year after such Secretary re-         9851; relating to establishing a minimum               retary of Labor for an additional certifi-
                                             ceives such additional information from the             wage for contractors); or                              cation under this paragraph in accordance
                                             entity; or                                                (oo) equivalent State laws, as defined in            with the application process under subpara-
                                                (II) in a case that is not described in sub-         guidance issued by the Secretary of Labor.             graph (B).
                                             clause (I), 1 year after the date on which the            (V) The entity, and all contractors and                (E) REVOCATION OF QUALIFIED ENTITY STA-
                                             entity submits the application under clause                                                                    TUS.—The Secretary of Labor may revoke
                                                                                                     subcontractors in the performance of any ap-
                                             (i).                                                                                                           the certification of an entity under this
                                                                                                     plicable construction project, shall not re-
                                                (iv)   PRE-CERTIFICATION      REMEDIES.—The                                                                 paragraph as a qualified entity at any time
                                                                                                     quire mandatory arbitration for any dispute
                                             Secretary of Labor shall consider any correc-                                                                  in which the Secretary of Labor determines
                                                                                                     involving a worker engaged in a service for
                                             tive actions taken by an entity seeking cer-                                                                   the entity is no longer in compliance with
                                                                                                     the entity.
                                             tification under this paragraph to remedy an                                                                   subparagraph (C).
                                                                                                       (VI) The entity, and all contractors and
                                             administrative merits determination, arbi-                                                                       (3) AUTHORIZATION OF APPROPRIATIONS.—
                                             tral award or decision, or civil judgment               subcontractors in the performance of any ap-
                                                                                                                                                            There is authorized to be appropriated to
                                             identified under subparagraph (C)(i)(IV) and            plicable construction project, shall consider
                                                                                                                                                            carry out this subsection $10,000,000 for fiscal
                                             shall impose as a condition of certification            an individual performing any service in such
                                                                                                                                                            year 2021 and each fiscal year thereafter.
                                             any additional remedies necessary to avoid              performance as an employee (and not an                   (b) JOBS IN ENERGY CREDIT.—
                                             further or repeated violations.                         independent contractor) of the entity, con-              (1) IN GENERAL.—Subpart E of part IV of
                                                (C) LABOR STANDARDS REQUIREMENTS.—                   tractor, or subcontractor, respectively, un-           subchapter A of chapter 1 of the Internal
                                                (i) IN GENERAL.—The Secretary of Labor               less—                                                  Revenue Code of 1986 is amended by inserting
                                             shall require an entity, as a condition of cer-           (aa) the individual is free from control and         after section 48C the following new section:
                                             tification under this paragraph, to satisfy             direction in connection with the perform-              ‘‘SEC. 48D. JOBS IN ENERGY CREDIT.
                                             each of the following requirements:                     ance of the service, both under the contract
                                                                                                                                                               ‘‘(a) INVESTMENT CREDIT FOR QUALIFIED
                                                (I) The entity shall ensure that all laborers        for the performance of the service and in              PROPERTY.—For purposes of section 46, the
                                             and mechanics employed by contractors and               fact;                                                  Jobs in Energy credit for any taxable year in
                                             subcontractors in the performance of any ap-              (bb) the service is performed outside the            which the taxpayer has been certified as a
                                             plicable construction project shall be paid             usual course of the business of the entity,            qualified entity (as defined in subsection (e))
                                             wages at rates not less than those prevailing           contractor, or subcontractor, respectively;            is an amount equal to 10 percent of the quali-
                                             on projects of a similar character in the lo-           and                                                    fied investment for such taxable year with
                                             cality as determined by the Secretary of                  (cc) the individual is customarily engaged           respect to—
                                             Labor in accordance with subchapter IV of               in an independently established trade, occu-             ‘‘(1) any qualified facility,
                                             chapter 31 of title 40, United States Code              pation, profession, or business of the same              ‘‘(2) qualified carbon capture and seques-
                                             (commonly known as the ‘‘Davis-Bacon                    nature as that involved in such service.               tration equipment, and
                                             Act’’).                                                   (VII) The entity shall prohibit all contrac-           ‘‘(3) energy storage property.
                                                (II) The entity shall give preference in hir-        tors and subcontractors in the performance               ‘‘(b) QUALIFIED INVESTMENT WITH RESPECT
                                             ing to workers who—                                     of any applicable construction project from            TO ANY QUALIFIED FACILITY.—
                                                (aa) have been previously employed in the            hiring employees through a temporary staff-              ‘‘(1) IN GENERAL.—For purposes of sub-
                                             fossil fuel industry;                                   ing agency unless the relevant State work-             section (a)(1), the qualified investment with
                                                (bb) are members of deindustrialized com-            force agency certifies that temporary em-              respect to any qualified facility for any tax-
                                             munities; or                                            ployees are necessary to address an acute,             able year is the basis of any qualified prop-
                                                (cc) are members of communities with a               short-term labor demand.                               erty placed in service by the taxpayer during
                                             significant presence of fossil fuel infrastruc-           (VIII) The entity shall require all contrac-         such taxable year which is part of a qualified
                                             ture or operations.                                     tors, subcontractors, successors in interest           facility.
                                                (III) The entity shall be a party to, or re-         of the entity, and other entities that may ac-           ‘‘(2)    QUALIFIED    PROPERTY.—The      term
                                             quire contractors and subcontractors in the             quire the entity, in the performance or ac-            ‘qualified property’ means property—
                                             performance of any applicable construction              quisition of any applicable construction                 ‘‘(A) which is—
                                             project to consent to, a covered project labor          project, to have an explicit neutrality policy           ‘‘(i) tangible personal property, or
                                             agreement.                                              on any issue involving the organization of               ‘‘(ii) other tangible property (not including
                                                (IV) The entity, and all contractors and             employees of the entity, and all contractors           a building or its structural components), but
                                             subcontractors in performance of any appli-             and subcontractors in the performance of               only if such property is used as an integral
                                             cable construction project, shall represent in          any applicable construction project, for pur-          part of the qualified facility,
                                             the application submitted under subpara-                poses of collective bargaining.                          ‘‘(B) with respect to which depreciation (or
                                             graph (B) whether there has been any admin-               (IX) The entity shall, for each skilled craft        amortization in lieu of depreciation) is al-
                                             istrative merits determination, arbitral                employed on any applicable construction                lowable,
                                             award or decision, or civil judgment, as de-            project, demonstrate an ability to use and               ‘‘(C) which is constructed, reconstructed,
                                             fined in guidance issued by the Secretary of            commit to use individuals enrolled in a reg-           erected, or acquired by the taxpayer, and
                                             Labor, rendered against the entity in the               istered apprenticeship program, which such               ‘‘(D) the original use of which commences
                                             preceding 3 years for violations of—                    individuals shall, to the greatest extent              with the taxpayer.
                                                (aa) the Fair Labor Standards Act of 1938            practicable, constitute not less than 20 per-            ‘‘(3) QUALIFIED FACILITY.—For purposes of
                                             (29 U.S.C. 201 et seq.);                                cent of the individuals working on such                this section, the term ‘qualified facility’
                                                (bb) the Occupational Safety and Health              project.                                               means a facility which is—
                                             Act of 1970 (29 U.S.C. 651 et seq.);                      (X) The entity, and all contractors and                ‘‘(A)(i) used for the generation of elec-
                                                (cc) the Migrant and Seasonal Agricultural           subcontractors in the performance of any ap-           tricity from qualified energy resources (as
                                             Worker Protection Act (29 U.S.C. 1801 et                plicable construction project, shall not re-           such term is defined in section 45(c)(1)), or
                                             seq.);                                                  quest or otherwise consider the criminal his-            ‘‘(ii) described in section 638(a)(1) of the
                                                (dd) the National Labor Relations Act (29            tory of an applicant for employment before             Energy Policy Act of 2005 (42 U.S.C.
                                             U.S.C. 151 et seq.);                                    extending a conditional offer to the appli-            16014(a)(1)), and
                                                (ee) subchapter IV of chapter 31 of title 40,        cant, unless—                                            ‘‘(B) originally placed in service after De-
                                             United States Code (commonly known as the                 (aa) a background check is otherwise re-             cember 31, 2021.




dlhill on DSKBBY8HB2PROD with SENATE
                                             ‘‘Davis-Bacon Act’’);                                   quired by law;                                           ‘‘(c) QUALIFIED INVESTMENT WITH RESPECT
                                                (ff) chapter 67 of title 41, United States             (bb) the position is for a Federal law en-           TO QUALIFIED CARBON CAPTURE AND SEQUES-
                                             Code (commonly known as the ‘‘Service Con-              forcement officer (as defined in section 115(c)        TRATION EQUIPMENT.—
                                             tract Act’’);                                           of title 18, United States Code) position; or            ‘‘(1) IN GENERAL.—For purposes of sub-
                                                (gg) Executive Order 11246 (42 U.S.C. 2000e            (cc) the Secretary of Labor, in consulta-            section (a)(2), the qualified investment with
                                             note; relating to equal employment oppor-               tion with the Secretary of Energy, certifies           respect to qualified carbon capture and se-
                                             tunity);                                                that precluding criminal history prior to the          questration equipment for any taxable year




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00067   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.078   S03MRPT1
                                             S1340                                             CONGRESSIONAL RECORD — SENATE                                                           March 3, 2020
                                             is the basis of any qualified carbon capture            applicable requirements described in para-             property placed in service after December 31,
                                             and sequestration equipment placed in serv-             graph (1) prior to the date with respect to            2021.
                                             ice by the taxpayer during such taxable year.           which construction of the property begins,                (e) CLEAN ENERGY MANUFACTURING INITIA-
                                               ‘‘(2) QUALIFIED CARBON CAPTURE AND SE-                and                                                    TIVE.—
                                             QUESTRATION EQUIPMENT.—The term ‘quali-                    ‘‘(B) maintains such certification for the             (1) IN GENERAL.—The Secretary shall estab-
                                             fied carbon capture and sequestration equip-            entirety of the period beginning on the date           lish a Clean Energy Manufacturing Initiative
                                             ment’ means property—                                   described in subparagraph (A) and ending on            within the Department—
                                               ‘‘(A) installed at a facility placed in serv-         the date in which the property is placed in               (A) to increase the competitiveness of the
                                             ice before January 1, 2021, which—                      service.’’.                                            United States in manufacturing clean energy
                                               ‘‘(i) produces electricity, or                           (2) CONFORMING AMENDMENTS.—                         technologies;
                                               ‘‘(ii) emits greenhouse gases as a result of             (A) Section 46 of such Code is amended—                (B) to increase the competitiveness of the
                                             industrial processes,                                      (i) by striking ‘‘and’’ at the end of para-         United States across the manufacturing sec-
                                               ‘‘(B) which results in the elimination of             graph (5),                                             tor by—
                                             carbon dioxide emissions from the facility                 (ii) by striking the period at the end of              (i) boosting energy productivity; and
                                             through the capture and disposal or utiliza-            paragraph (6) and inserting ‘‘, and’’, and                (ii) leveraging clean affordable domestic
                                             tion of qualified carbon dioxide (as defined in            (iii) by adding at the end the following new        energy resources and feedstocks; and
                                             paragraph (3)),                                         paragraph:                                                (C) to develop manufacturing supply
                                               ‘‘(C) with respect to which depreciation is              ‘‘(7) the Jobs in Energy credit.’’.                 chains—
                                             allowable,                                                 (B) Section 49(a)(1)(C) of such Code is                (i) for the clean energy economy;
                                               ‘‘(D) which is constructed, reconstructed,            amended—                                                  (ii) that prioritize family-sustaining jobs;
                                             erected, or acquired by the taxpayer, and                  (i) by striking ‘‘and’’ at the end of clause        and
                                               ‘‘(E) the original use of which commences             (iv),                                                     (iii) that prioritize the development of
                                             with the taxpayer.                                         (ii) by striking the period at the end of           manufacturing facilities in deindustrialized
                                               ‘‘(3) QUALIFIED CARBON DIOXIDE.—The term              clause (v) and inserting a comma, and                  communities.
                                             ‘qualified carbon dioxide’ means carbon diox-              (iii) by adding at the end the following new           (2) CLEAN JOBS WORKFORCE HUB.—
                                             ide captured from an industrial source                  clauses:                                                  (A) IN GENERAL.—As part of the Clean En-
                                             which—                                                     ‘‘(vi) the basis of any qualified property          ergy Manufacturing Initiative established
                                               ‘‘(A) would otherwise be released into the            which is part of a qualified facility under            under paragraph (1), the Secretary shall es-
                                             atmosphere as industrial emission of green-             section 48D,                                           tablish a clean jobs workforce hub under
                                             house gas,                                                 ‘‘(vii) the basis of any qualified carbon cap-      which the Secretary shall convene the enti-
                                               ‘‘(B) is measured at the source of capture            ture and sequestration equipment under sec-            ties described in subparagraph (B) to work
                                             and verified at the point of disposal or utili-         tion 48D, and                                          together to train and provide direct assist-
                                             zation,                                                    ‘‘(viii) the basis of any energy storage            ance to underserved communities in access-
                                               ‘‘(C)(i) is disposed of by the taxpayer in se-        property under section 48D.’’.                         ing renewable energy-related jobs.
                                             cure geological storage (as such term is de-               (C) The table of sections for subpart E of
                                             fined under section 45Q(f)(2)), or                                                                                (B) ENTITIES DESCRIBED.—The entities re-
                                                                                                     part IV of subchapter A of chapter 1 of such           ferred to in subparagraph (A) are—
                                               ‘‘(ii) utilized by the taxpayer in a manner
                                                                                                     Code is amended by inserting after the item               (i) labor organizations;
                                             described in section 45Q(f)(5), and
                                                                                                     relating to section 48C the following new                 (ii) renewable energy employers and indus-
                                               ‘‘(D) is captured and disposed or utilized
                                                                                                     item:                                                  try;
                                             within the United States (within the mean-
                                             ing of section 638(1)) or a possession of the           ‘‘48D. Jobs in Energy credit.’’.                          (iii) frontline and deindustrialized commu-
                                             United States (within the meaning of section               (3) EFFECTIVE DATE.—The amendments                  nities; and
                                             638(2)).                                                made by this subsection shall apply to prop-              (iv) any other community, industry, or
                                               ‘‘(d) QUALIFIED INVESTMENT WITH RESPECT               erty placed in service after December 31,              public sector stakeholders, as determined by
                                             TO ENERGY STORAGE PROPERTY.—                            2021.                                                  the Secretary.
                                               ‘‘(1) IN GENERAL.—For purposes of sub-                   (c) EXTENSION AND ENHANCEMENT OF NEW                   (C) FUNDING.—Of the funding authorized
                                             section (a)(3), the qualified investment with           ENERGY EFFICIENT HOME CREDIT.—                         under paragraph (3) for each fiscal year, the
                                             respect to energy storage property for any                 (1) EXTENSION.—Subsection (g) of section            Secretary shall use to carry out this para-
                                             taxable year is the basis of any energy stor-           45L of the Internal Revenue Code of 1986 is            graph $25,000,000 each fiscal year.
                                             age property placed in service by the tax-              amended by striking ‘‘December 31, 2020’’ and             (3) AUTHORIZATION OF APPROPRIATIONS.—
                                             payer during such taxable year.                         inserting ‘‘December 31, 2030’’.                       There is authorized to be appropriated to the
                                               ‘‘(2) ENERGY STORAGE PROPERTY.—The term                  (2) INCREASE IN CREDIT FOR QUALIFIED ENTI-          Secretary to carry out this subsection
                                             ‘energy storage property’ means property—               TIES.—Subsection (a) of such section is                $100,000,000 for fiscal year 2021 and each fiscal
                                               ‘‘(A) which receives, stores, and delivers            amended by adding at the end the following:            year thereafter.
                                             electricity, or energy for conversion to elec-             ‘‘(3) ADJUSTMENT FOR QUALIFIED ENTITIES.—              (f) JOB CREATION THROUGH ENERGY EFFI-
                                             tricity, provided that such electricity is—             In the case of any taxable year in which the           CIENT MANUFACTURING.—
                                               ‘‘(i) sold by the taxpayer to an unrelated            eligible contractor has been certified as a               (1) DEFINITIONS.—In this subsection:
                                             person, or                                              qualified entity (as defined in section                   (A) ENERGY MANAGEMENT PLAN.—The term
                                               ‘‘(ii) in the case of a facility which is             48D(e)), paragraph (2) shall be applied—               ‘‘energy management plan’’ means a plan es-
                                             equipped with a metering device which is                   ‘‘(A) in subparagraph (A) of such para-             tablished under paragraph (2)(C)(v).
                                             owned and operated by an unrelated person,              graph, by substituting ‘$2,200’ for ‘$2,000’, and         (B) PROGRAM.—The term ‘‘program’’ means
                                             sold or consumed by the taxpayer,                          ‘‘(B) in subparagraph (B) of such para-             the Financing Energy Efficient Manufac-
                                               ‘‘(B) with respect to which depreciation is           graph, by substituting ‘$1,100’ for ‘$1,000’.’’.       turing Program established under paragraph
                                             allowable,                                                 (3) EFFECTIVE DATE.—The amendments                  (2)(A).
                                               ‘‘(C) which is constructed, reconstructed,            made by this subsection shall apply to any                (C) PROGRAM MANAGER.—The term ‘‘pro-
                                             erected, or acquired by the taxpayer,                   qualified new energy efficient home acquired           gram manager’’ means a qualified entity
                                               ‘‘(D) the original use of which commences             after December 31, 2021.                               that receives a grant under paragraph (2)(A).
                                             with the taxpayer, and                                     (d) EXTENSION AND ENHANCEMENT OF EN-                   (D) PROJECT.—The term ‘‘project’’ means
                                               ‘‘(E) which is placed in service after De-            ERGY EFFICIENT COMMERCIAL BUILDING DE-                 an energy efficiency improvement project
                                             cember 31, 2021.                                        DUCTION.—                                              carried out by a small- or medium-sized
                                               ‘‘(e) QUALIFIED ENTITY.—                                 (1) EXTENSION.—Subsection (h) of section            manufacturer using grant funds distributed
                                               ‘‘(1) IN GENERAL.—For purposes of this sec-           179D of the Internal Revenue Code of 1986 is           by a project manager.
                                             tion, the term ‘qualified entity’ means an en-          amended by striking ‘‘December 31, 2020’’ and             (E) QUALIFIED ENTITY.—The term ‘‘quali-
                                             tity which has been certified by the Sec-               inserting ‘‘December 31, 2030’’.                       fied entity’’ means—
                                             retary of Labor as being in compliance with                (2) INCREASE IN DEDUCTION FOR QUALIFIED                (i) a State energy office;
                                             all of the applicable requirements under sec-           ENTITIES.—Subsection (d) of such section is               (ii) a nonprofit organization that—
                                             tion 2307(a) of the American Energy Innova-             amended by adding at the end the following:               (I) is focused on providing energy effi-
                                             tion Act of 2020.                                          ‘‘(7) ADJUSTMENT FOR QUALIFIED ENTITIES.—           ciency or renewable energy services; and
                                               ‘‘(2) AGGREGATION RULE.—All persons which             In the case of any energy efficient commer-               (II) receives funding from a State, Tribe, or
                                             are treated as a single employer under sub-             cial building property placed in service dur-          utility;
                                             sections (a) and (b) of section 52 shall be             ing any taxable year, if such property was                (iii) an electric cooperative group; and




dlhill on DSKBBY8HB2PROD with SENATE
                                             treated as a single taxpayer.                           installed by an entity which is certified as a            (iv) an entity with a public-private part-
                                               ‘‘(3) REQUIREMENT FOR CERTIFICATION PRIOR             qualified entity (as defined in section 48D(e))        nership under the Hollings Manufacturing
                                             TO CONSTRUCTION.—For purposes of this sec-              for such taxable year, subsection (b)(1) shall         Extension Partnership established under sec-
                                             tion, an entity shall not be considered a               be applied by substituting ‘$2.00’ for ‘$1.80’ in      tion 25(b) of the National Institute of Stand-
                                             qualified entity unless such entity—                    subparagraph (A) thereof.’’.                           ards and Technology Act (15 U.S.C. 278k(b)).
                                               ‘‘(A) has been certified by the Secretary of             (3) EFFECTIVE DATE.—The amendments                     (F) SMALL- OR MEDIUM-SIZED MANUFAC-
                                             Labor as being in compliance with all of the            made by this subsection shall apply to any             TURER.—The term ‘‘small- or medium-sized




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00068   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.078   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1341
                                             manufacturer’’ means a manufacturing es-                  (bb) PRIORITY.—In making selections under            Regulation) that does not otherwise qualify
                                             tablishment—                                            item (aa), the Secretary shall give priority           as an iron or steel product, including—
                                               (i) classified in Sector 31, 32, or 33 in the         to qualified entities that demonstrate—                  (aa) an electrical component;
                                             North American Industry Classification Sys-               (AA) effective methods for reducing bar-               (bb) a non-ferrous building material, in-
                                             tem; and                                                riers to entry that might otherwise prevent            cluding—
                                               (ii) that employs not more than 750 em-               small- and medium-sized manufacturers                    (AA) aluminum and polyvinylchloride;
                                             ployees.                                                from participating in the subgrant program               (BB) glass;
                                               (2) FINANCING ENERGY EFFICIENT MANUFAC-               under subparagraph (C);                                  (CC) fiber optics;
                                             TURING PROGRAM.—                                          (BB) flexibility in addressing the needs of            (DD) plastic;
                                               (A) ESTABLISHMENT.—The Secretary shall                different small- and medium-sized manufac-               (EE) wood;
                                             establish a program, to be known as the ‘‘Fi-           turers; and                                              (FF) masonry;
                                             nancing Energy Efficient Manufacturing                    (CC) a commitment to hiring for projects               (GG) rubber;
                                             Program’’ to provide grants to qualified enti-          contractors that comply with the labor re-               (HH) manufactured stone; and
                                             ties to fund energy efficiency improvement              quirements described in subparagraph (D)(ii).            (II) any other non-ferrous metals; and
                                             projects in the manufacturing sector.                     (C) SUBGRANTS FOR ENERGY EFFICIENCY IM-                (cc) any unmanufactured construction ma-
                                               (B) GRANT APPLICATIONS; SELECTION OF                  PROVEMENTS.—                                           terial.
                                             GRANT RECIPIENTS.—                                        (i) IN GENERAL.—A qualified entity (includ-            (II) PRODUCED IN THE UNITED STATES.—
                                               (i) GRANT APPLICATIONS.—                              ing a partnership of 1 or more qualified enti-           (aa) IN GENERAL.—The term ‘‘produced in
                                               (I) IN GENERAL.—Not later than 180 days               ties under subparagraph (B)(i)(II)) that re-           the United States’’—
                                             after the date of enactment of this Act,                ceives a grant under subparagraph (A) shall              (AA) with respect to an iron or steel prod-
                                             qualified entities desiring a grant under sub-          act as a program manager to distribute sub-            uct or an iron or steel manufactured prod-
                                             paragraph (A) shall submit to the Secretary             grants to small- and medium-sized manufac-             uct, means that all manufacturing processes
                                             an application in such manner and con-                  turers located in the State in which the pro-          for, and materials and components of, the
                                             taining such information as the Secretary               gram manager is located to carry out                   iron or steel product or iron or steel manu-
                                             may require, including a description of—                projects—                                              factured product, from the initial melting
                                               (aa) how the qualified entity will work                 (I) to improve the energy efficiency of the          stage through the application of coatings,
                                             with small- and medium-sized manufacturers              small- or medium-sized manufacturer; and               occurred in the United States; and
                                             to assess the most promising opportunities                (II) to develop technologies to reduce elec-           (BB) with respect to an iron or steel manu-
                                             for energy efficiency improvements;                     tricity or natural gas use by the small- or            factured product, means that—
                                               (bb) how the qualified entity will work               medium-sized manufacturer.                               (CC) the iron or steel manufactured prod-
                                             with small- and medium-sized manufacturers                (ii) APPLICATIONS.—A small- or medium-               uct was manufactured in the United States;
                                             and, if appropriate, licensed engineers to es-          sized manufacturer desiring a subgrant                 and
                                             tablish an energy management plan for the               under clause (i) shall submit to the program             (DD) the cost of the components of the iron
                                             small- or medium-sized manufacturer to                  manager an application at such time, in such           or steel manufactured product that were
                                             carry out a project;                                    manner, and containing such information as             mined, produced, or manufactured in the
                                               (cc) the methods and cost-sharing plans               the program manager may require, including             United States is greater than 60 percent of
                                             the qualified entity will use to distribute             a proposal describing the project to be car-           the total cost of the components of the iron
                                             funds to small- and medium-sized manufac-               ried out using the subgrant funds.                     or steel manufactured product.
                                             turers to subsidize the costs of carrying out             (iii) PRIORITY.—In selecting small- or me-             (bb) EXCLUSIONS.—The term ‘‘produced in
                                             a project;                                              dium-sized manufacturers for subgrants                 the United States’’, with respect to an iron
                                               (dd) the standards by which the qualified             under this subparagraph, the program man-              or steel product or an iron or steel manufac-
                                             entity will set energy efficiency goals for a           ager shall give priority to small- or medium-          tured product, does not include an iron or
                                             project that will result in meaningful reduc-           sized manufacturers that commit to hiring              steel product or an iron or steel manufac-
                                             tions in electricity or natural gas use by the          for projects contractors that comply with              tured product the materials and components
                                             small- or medium-sized manufacturer car-                the labor requirements described in subpara-           of which were manufactured—
                                             rying out the project;                                  graph (D)(ii).                                           (AA) abroad from semi-finished steel or
                                               (ee) how the qualified entity will provide              (iv) ELIGIBILITY REQUIREMENTS.—To be eli-            iron from the United States; or
                                             support to the small- or medium-sized manu-             gible to receive a subgrant under clause (i),            (BB) in the United States from semi-fin-
                                             facturer carrying out a project during the              a small- or medium-sized manufacturer shall            ished steel or iron of foreign origin.
                                             implementation of the energy management                 be a private, nongovernmental entity.                    (ii) REQUIREMENT.—Funds made available
                                             plan;                                                     (v) ENERGY MANAGEMENT PLANS.—Each                    under the program may not be used for a
                                               (ff)(AA) any history of the qualified entity          small- or medium-sized manufacturer receiv-            project unless all of the iron and steel prod-
                                             of working collaboratively with the regional            ing a subgrant under clause (i), in consulta-          ucts and iron and steel manufactured prod-
                                             technical assistance programs of the Depart-            tion with the program manager and, if ap-              ucts used in the project are produced in the
                                             ment; and                                               propriate, 1 or more licensed engineers, shall         United States.
                                               (BB) how the qualified entity plans to in-            establish an energy management plan for the              (iii) WAIVER.—
                                             volve the regional technical assistance pro-            small- or medium-sized manufacturer to                   (I) IN GENERAL.—On request of the recipi-
                                             grams in the activities to be funded by a               carry out the project.                                 ent of a grant under the program, the Sec-
                                             grant; and                                                (vi) EFFECT ON TITLE TO PROPERTY.—The re-            retary may grant for the project of the re-
                                               (gg) how the qualified entity will collect            ceipt of Federal funds under this subpara-             cipient of the grant a waiver of the require-
                                             measurements throughout the implementa-                 graph shall not prohibit an entity that pur-           ment described in clause (ii) if the Secretary
                                             tion of the energy management plan—                     chased equipment or other property using               finds that—
                                               (AA) to demonstrate how energy efficiency             those funds from owning sole, permanent                  (aa) the application of clause (ii) would be
                                             improvements are being achieved; and                    title to the equipment or other property.              inconsistent with the public interest;
                                               (BB) to maximize opportunities for project              (D) CONTRACTORS.—                                      (bb) iron or steel products or iron or steel
                                             success.                                                  (i) IN GENERAL.—Program managers and                 manufactured products are not produced in
                                               (II) PARTNERSHIPS.—Two or more qualified              small- or medium-sized manufacturers may               the United States—
                                             entities may form a partnership to apply,               hire, if necessary, contractors to perform               (AA) in sufficient and reasonably available
                                             and act as program manager, for a grant                 work relating to the installation, repair, or          quantities; or
                                             under this paragraph.                                   maintenance of equipment used under a                    (BB) of a satisfactory quality; or
                                               (ii) SELECTION OF GRANT RECIPIENTS.—                  project.                                                 (cc) the inclusion of iron or steel products
                                               (I) IN GENERAL.—Not later than 90 days                  (ii) LABOR REQUIREMENTS.—In an applica-              or iron or steel manufactured products pro-
                                             after the date on which the Secretary re-               tion for a grant or subgrant under this para-          duced in the United States would increase
                                             ceives an application under clause (i), the             graph, a program manager or a small- or me-            the cost of the overall project by greater
                                             Secretary shall—                                        dium-sized manufacturer, respectively, shall           than 25 percent.
                                               (aa) review the application;                          commit to hiring contractors that are cer-               (II) PUBLIC NOTICE.—On receipt of a request
                                               (bb) provide the applicant with an oppor-             tified by the Secretary of Labor under sub-            for a waiver under subclause (I), the Sec-
                                             tunity to respond to any questions of the               section (a) as being in compliance with all of         retary shall—
                                             Secretary regarding the application; and                the applicable requirements under that sub-              (aa) make available to the public, includ-
                                               (cc) select or deny the applicant based on            section.                                               ing by electronic means, including on the of-
                                             the criteria described in subclause (II).                 (E) AMERICAN IRON, STEEL, AND MANUFAC-               ficial public website of the Department, on




dlhill on DSKBBY8HB2PROD with SENATE
                                               (II) SELECTION CRITERIA.—                             TURED PRODUCTS.—                                       an informal basis, a copy of the request and
                                               (aa) IN GENERAL.—The Secretary shall se-                (i) DEFINITIONS.—In this subparagraph:               all information available to the Secretary
                                             lect for grants under this paragraph qualified            (I) IRON OR STEEL MANUFACTURED PROD-                 relating to the request; and
                                             entities that demonstrate a history of suc-             UCT.—The term ‘‘iron or steel manufactured               (bb) provide for informal public input on
                                             cessfully implementing energy efficiency im-            product’’ includes any construction material           the request for a period of not fewer than 15
                                             provement programs for small- and medium-               or end product (as those terms are defined in          days before making with respect to the re-
                                             sized manufacturers.                                    subpart 25.003 of the Federal Acquisition              quest the finding described in subclause (I).




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00069   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.078   S03MRPT1
                                             S1342                                             CONGRESSIONAL RECORD — SENATE                                                           March 3, 2020
                                               (F) REPORTING REQUIREMENTS.—                             (C) may not be implemented, administered,             (2) a final rule or direct final rule described
                                               (i) IN GENERAL.—Each program manager                  enforced, or carried out by any Federal agen-          in subsection (a)(2)(A)(i);
                                             shall—                                                  cy, including—                                           (3) a proposed rule or a proposed deter-
                                               (I) determine what data shall be required—               (i) the Office of Management and Budget;            mination described in subsection (a)(2)(B); or
                                               (aa) to be collected by or from each small-              (ii) the Council of Economic Advisers;                (4) a rescission of a waiver described in
                                             or medium-sized manufacturer receiving a                   (iii) the Council on Environmental Qual-            subsection (a)(3).
                                             subgrant under subparagraph (C); and                    ity;                                                     (c) SAVINGS PROVISION.—Nothing in this
                                               (bb) to be submitted to the program man-                 (iv) the Environmental Protection Agency;           section shall be construed to impair any au-
                                             ager to permit analysis of the subgrant pro-               (v) the Department of the Interior; and             thority granted to the President.
                                             gram under subparagraph (C); and                           (vi) any other agency directed to imple-
                                               (II) develop metrics to determine the suc-            ment the Executive Order.                                SA 1397. Mr. WYDEN submitted an
                                             cess of the subgrant program under subpara-                (2) FEDERAL RULES.—                                 amendment intended to be proposed by
                                             graph (C).                                                 (A) FINAL RULES.—                                   him to the bill S. 2657, to support inno-
                                               (ii) PROVISION OF DATA.—As a condition of                (i) IN GENERAL.—On and after the date of            vation in advanced geothermal re-
                                             receiving a subgrant under subparagraph (C),            enactment of this Act, the following rules             search and development, and for other
                                             a small- or medium-sized manufacturer shall             are null and void:                                     purposes; which was ordered to lie on
                                             provide to the program manager relevant                    (I) The final rule issued by the Adminis-           the table; as follows:
                                             data, as determined by the program manager              trator of the Environmental Protection                   At the end, add the following:
                                             under clause (i)(I).                                    Agency entitled ‘‘Repeal of the Clean Power
                                                                                                                                                                 TITLE IV—AMENDMENTS TO THE
                                               (iii) PROPRIETARY INFORMATION.—In car-                Plan; Emission Guidelines for Greenhouse
                                                                                                                                                                INTERNAL REVENUE CODE OF 1986
                                             rying out this paragraph, each program man-             Gas Emissions From Existing Electric Util-
                                             ager, as appropriate, shall provide for the             ity Generating Units; Revisions to Emission            SEC. 4001. MODIFICATION OF LIMITATIONS ON
                                                                                                                                                                        NEW QUALIFIED PLUG-IN ELECTRIC
                                             protection of proprietary information and in-           Guidelines Implementing Regulations’’ (84                          DRIVE MOTOR VEHICLE CREDIT.
                                             tellectual property rights.                             Fed. Reg. 32520 (July 8, 2019)).
                                                                                                                                                              (a) IN GENERAL.—Subsection (e) of section
                                               (G) FUNDING.—                                            (II) The final rule issued by the Director of       30D of the Internal Revenue Code of 1986 is
                                               (i) IN GENERAL.—Out of amounts made                   the Bureau of Land Management entitled                 amended to read as follows:
                                             available to the Secretary and not otherwise            ‘‘Waste Prevention, Production Subject to                ‘‘(e) LIMITATION ON NUMBER OF NEW QUALI-
                                             obligated, the Secretary shall use to carry             Royalties, and Resource Conservation; Delay            FIED PLUG-IN ELECTRIC DRIVE MOTOR VEHI-
                                             out     this   paragraph    not    more    than         and Suspension of Certain Requirements’’ (82           CLES ELIGIBLE FOR CREDIT.—
                                             $600,000,000.                                           Fed. Reg. 58050 (December 8, 2017)).                     ‘‘(1) IN GENERAL.—In the case of any new
                                               (ii) R  EQUIREMENTS    FOR   PROGRAM     MAN -           (III) The final rule of the Secretary of En-        qualified plug-in electric drive motor vehicle
                                             AGERS.—A program manager shall use not                  ergy entitled ‘‘Energy Conservation Pro-               sold after the date of the enactment of the
                                             greater than 7 percent of the grant funds re-           gram: Definition for General Service Lamps’’           American Energy Innovation Act of 2020—
                                             ceived by the program manager, at the dis-              (84 Fed. Reg. 46661 (September 5, 2019)).                ‘‘(A) if such vehicle is sold during the tran-
                                             cretion of the program manager—                            (IV) The final rule of the Administrator of         sition period, the amount determined under
                                               (I) to hire and train staff to assist the pro-        the Environmental Protection Agency enti-              subsection (b)(2) shall be reduced by $500, and
                                             gram manager in administering the subgrant              tled ‘‘Adopting Requirements in Emission                 ‘‘(B) if such vehicle is sold during the
                                             program of the program manager; and                     Guidelines for Municipal Solid Waste Land-             phaseout period, only the applicable percent-
                                               (II) to market the subgrant program to                fills’’ (84 Fed. Reg. 44547 (August 26, 2019)).        age of the credit otherwise allowable under
                                             small- and medium-sized manufacturers.                     (ii) EFFECT.—On and after the date of en-           subsection (a) shall be allowed.
                                               (iii) MANAGEMENT AND OVERSIGHT.—The                   actment of this Act, the portions of the Code            ‘‘(2) TRANSITION PERIOD.—For purposes of
                                             Secretary may use not greater than 0.25 per-            of Federal Regulations amended by the rules            this subsection, the transition period is the
                                             cent of the funds made available under                  described in clause (i) shall be in effect as if       period subsequent to the first date on which
                                             clause (i) to carry out subparagraph (E).               the amendments made by those rules had not             the number of new qualified plug-in electric
                                               (g) INCENTIVES FOR INNOVATIVE TECH-                   been made.                                             drive motor vehicles manufactured by the
                                             NOLOGIES.—Section 1703(b) of the Energy Pol-               (B) PROPOSED RULES.—The applicable agen-            manufacturer of the vehicle referred to in
                                             icy Act of 2005 (42 U.S.C. 16513(b)) is amend-          cy may not finalize the following rules:               paragraph (1) sold for use in the United
                                             ed—                                                        (i) The proposed rule issued by the Admin-          States after December 31, 2009, is at least
                                               (1) by redesignating paragraphs (1) through           istrator of the Environmental Protection               200,000.
                                             (10) as subparagraphs (A) through (J), respec-          Agency entitled ‘‘Oil and Natural Gas Sec-               ‘‘(3) PHASEOUT PERIOD.—
                                             tively, and indenting appropriately;                    tor: Emission Standards for New, Recon-                  ‘‘(A) IN GENERAL.—For purposes of this sub-
                                               (2) in the matter preceding subparagraph              structed, and Modified Sources Review’’ (Au-           section, the phaseout period is the period be-
                                             (A) (as so redesignated), by striking                   gust 28, 2019).                                        ginning with the second calendar quarter fol-
                                             ‘‘Projects’’ and inserting the following:                  (ii) The proposed rule issued by the Admin-         lowing the calendar quarter which includes
                                               ‘‘(1) IN GENERAL.—Projects’’; and                     istrator of the Environmental Protection               the first date on which the number of new
                                               (3) by adding at the end the following:               Agency and the Administrator of the Na-                qualified plug-in electric drive motor vehi-
                                               ‘‘(2) PRIORITY.—In making guarantees                  tional Highway Traffic Safety Administra-              cles manufactured by the manufacturer of
                                             under this section, the Secretary shall give            tion entitled ‘‘The Safer Affordable Fuel-Ef-          the vehicle referred to in paragraph (1) sold
                                             priority to projects proposed by applicants             ficient (SAFE) Vehicle Rules for Model                 for use in the United States after December
                                             that commit to hiring contractors that have             Years 2021–2026 Passenger Cars and Light               31, 2009, is at least 600,000.
                                             been certified by the Secretary of Labor                Trucks’’ (83 Fed. Reg. 42986 (August 24, 2018)).         ‘‘(B) APPLICABLE PERCENTAGE.—For pur-
                                             under section 2307(a) of the American Energy               (iii) The proposed determination of the             poses of paragraph (1)(B), the applicable per-
                                             Innovation Act of 2020 as being in compli-              Secretary of Energy entitled ‘‘Energy Con-             centage is—
                                             ance with all of the applicable requirements            servation Program: Energy Conservation                   ‘‘(i) 50 percent for the first calendar quar-
                                             under that section.’’.                                  Standards for General Service Incandescent             ter of the phaseout period, and
                                                                                                     Lamps’’ (84 Fed. Reg. 46830 (September 5,                ‘‘(ii) 0 percent for each calendar quarter
                                                                                                     2019)).                                                thereafter.
                                               SA 1396. Mr. BENNET submitted an                         (3) CLEAN AIR ACT WAIVERS.—Notwith-
                                             amendment intended to be proposed by                                                                             ‘‘(C) EXCLUSION OF SALE OF CERTAIN VEHI-
                                                                                                     standing any other provision of law—                   CLES.—
                                             him to the bill S. 2657, to support inno-                  (A) any rescission of a waiver granted to             ‘‘(i) IN GENERAL.—For purposes of subpara-
                                             vation in advanced geothermal re-                       the State of California to enforce emissions           graph (A), any new qualified plug-in electric
                                             search and development, and for other                   standards under the Clean Air Act (42 U.S.C.           drive motor vehicle manufactured by the
                                             purposes; which was ordered to lie on                   7401 et seq.)—                                         manufacturer of the vehicle referred to in
                                             the table; as follows:                                     (i) is null and void; and                           paragraph (1) which was sold during the ex-
                                                                                                        (ii) shall have no force or effect; and             clusion period shall not be included for pur-
                                               At the appropriate place, insert the fol-                (B) on and after the date of enactment of           poses of determining the number of such ve-
                                             lowing:                                                 this Act, the Administrator of the Environ-            hicles sold.
                                             SEC. lll. CLEAN AIR, HEALTHY KIDS.                      mental Protection Agency may not rescind a               ‘‘(ii) EXCLUSION PERIOD.—For purposes of
                                               (a) EXECUTIVE ORDER, FINAL RULES, AND                 waiver granted to the State of California to           this subparagraph, the exclusion period is
                                             PROPOSED RULES TO HAVE NO FORCE OR EF-                  enforce emissions standards under the Clean            the period—




dlhill on DSKBBY8HB2PROD with SENATE
                                             FECT.—                                                  Air Act (42 U.S.C. 7401 et seq.).                        ‘‘(I) beginning on the first date on which
                                               (1) EXECUTIVE ORDER.—Executive Order                     (b) NO FEDERAL FUNDS AVAILABLE.—No                  the number of new qualified plug-in electric
                                             13783 (42 U.S.C. 13201 note; relating to pro-           Federal funds made available for any fiscal            drive motor vehicles manufactured by the
                                             moting energy independence and economic                 year may be used to implement, administer,             manufacturer of the vehicle referred to in
                                             growth)—                                                enforce, or carry out—                                 paragraph (1) sold for use in the United
                                               (A) is null and void;                                    (1) the Executive Order described in sub-           States after December 31, 2009, is at least
                                               (B) shall have no force or effect; and                section (a)(1);                                        200,000, and




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00070   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.078   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1343
                                               ‘‘(II) ending on the date of the enactment            SEC. 4004. ENERGY CREDIT FOR ENERGY STOR-                 ‘‘(i) which uses the burning of biomass fuel
                                             of the American Energy Innovation Act of                            AGE TECHNOLOGIES.                           to heat a dwelling unit located in the United
                                             2020.                                                     (a) IN GENERAL.—Subclause (II) of section             States and used as a residence by the tax-
                                               ‘‘(4) CONTROLLED GROUPS.—Rules similar to             48(a)(2)(A)(i) of the Internal Revenue Code of          payer, or to heat water for use in such a
                                             the rules of section 30B(f)(4) shall apply for          1986 is amended by striking ‘‘paragraph                 dwelling unit, and
                                             purposes of this subsection.’’.                         (3)(A)(i)’’ and inserting ‘‘clause (i) or (viii) of       ‘‘(ii) which has a thermal efficiency rating
                                                                                                     paragraph (3)(A)’’.                                     of at least 75 percent (measured by the high-
                                               (b) EFFECTIVE DATE.—The amendment                       (b) ENERGY STORAGE TECHNOLOGIES.—Sub-
                                             made by this section shall apply to vehicles                                                                    er heating value of the fuel).
                                                                                                     paragraph (A) of section 48(a)(3) of the Inter-
                                             sold after the date of the enactment of this                                                                      ‘‘(B) BIOMASS FUEL.—For purposes of this
                                                                                                     nal Revenue Code of 1986 is amended by
                                             Act.                                                                                                            section, the term ‘biomass fuel’ means any
                                                                                                     striking ‘‘or’’ at the end of clause (vi), by
                                                                                                                                                             plant-derived fuel available on a renewable
                                             SEC. 4002. EXTENSION OF CREDIT FOR NEW                  adding ‘‘or’’ at the end of clause (vii), and by
                                                        QUALIFIED FUEL CELL MOTOR VE-                                                                        or recurring basis, including agricultural
                                                                                                     adding at the end the following new clause:
                                                        HICLES.                                                                                              crops and trees, wood and wood waste and
                                                                                                       ‘‘(viii) equipment which receives, stores,
                                                                                                                                                             residues, plants (including aquatic plants),
                                               (a) IN GENERAL.—Section 30B(k)(1) of the              and delivers energy using batteries, com-
                                                                                                                                                             grasses, residues, and fibers. Such term in-
                                             Internal Revenue Code of 1986 is amended by             pressed air, pumped hydropower, hydrogen
                                                                                                                                                             cludes densified biomass fuels such as wood
                                             striking ‘‘December 31, 2020’’ and inserting            storage (including hydrolysis), thermal en-
                                                                                                                                                             pellets.’’.
                                             ‘‘December 31, 2024’’.                                  ergy storage, regenerative fuel cells,
                                                                                                                                                               (c) EFFECTIVE DATE.—The amendments
                                               (b) EFFECTIVE DATE.—The amendments                    flywheels,      capacitors,     superconducting         made by this section shall apply to expendi-
                                             made by this section shall apply to property            magnets, or other technologies identified by            tures paid or incurred in taxable years begin-
                                             purchased after December 31, 2020.                      the Secretary in consultation with the Sec-             ning after December 31, 2019.
                                                                                                     retary of Energy, and which has a capacity              SEC. 4007. INVESTMENT CREDIT FOR WASTE
                                             SEC. 4003. EXTENSION OF ENERGY CREDIT FOR
                                                         OFFSHORE WIND FACILITIES.                   of not less than 5 kilowatt hours,’’.                              HEAT TO POWER PROPERTY.
                                                                                                       (c) PHASEOUT OF CREDIT.—Paragraph (6) of                (a) IN GENERAL.—Section 48(a)(3)(A) of the
                                               (a) IN GENERAL.—Section 48(a)(5) of the In-           section 48(a) of the Internal Revenue Code of
                                             ternal Revenue Code of 1986 is amended by                                                                       Internal Revenue Code of 1986, as amended
                                                                                                     1986 is amended—
                                             adding at the end the following:                                                                                by section 4004(b), is amended—
                                                                                                       (1) by striking ‘‘ENERGY’’ in the heading
                                               ‘‘(F) QUALIFIED OFFSHORE WIND FACILI-                                                                            (1) at the end of clause (vii), by striking
                                                                                                     and inserting ‘‘AND ENERGY STORAGE’’; and
                                             TIES.—                                                                                                          ‘‘or’’;
                                                                                                       (2) by striking ‘‘paragraph (3)(A)(i)’’ both
                                               ‘‘(i) IN GENERAL.—In the case of any quali-                                                                      (2) at the end of clause (viii), by inserting
                                                                                                     places it appears and inserting ‘‘clause (i) or
                                             fied offshore wind facility—                                                                                    ‘‘or’’ after the comma; and
                                                                                                     (viii) of paragraph (3)(A)’’.
                                               ‘‘(I) subparagraph (C)(ii) shall be applied by                                                                   (3) by adding at the end the following:
                                                                                                       (d) EFFECTIVE DATE.—The amendments
                                             substituting ‘January 1 of the applicable               made by this section shall apply to property               ‘‘(ix) waste heat to power property,’’.
                                             year (as determined under subparagraph                                                                             (b) DEFINITIONS AND LIMITATIONS.—Section
                                                                                                     placed in service after December 31, 2019.
                                                                                                                                                             48(c) of the Internal Revenue Code of 1986 is
                                             (F)(ii))’ for ‘January 1, 2021’,                        SEC.    4005. RESIDENTIAL ENERGY EFFICIENT
                                                                                                                                                             amended by adding at the end the following:
                                               ‘‘(II) subparagraph (E) shall not apply, and                        PROPERTY CREDIT FOR BATTERY
                                                                                                                   STORAGE TECHNOLOGY.                          ‘‘(5) WASTE HEAT TO POWER PROPERTY.—
                                               ‘‘(III) for purposes of this paragraph, sec-
                                                                                                          (a) IN GENERAL.—Subsection (a) of section             ‘‘(A) IN GENERAL.—The term ‘waste heat to
                                             tion 45(d)(1) shall be applied by substituting
                                                                                                     25D of the Internal Revenue Code of 1986 is             power property’ means property—
                                             ‘January 1 of the applicable year (as deter-
                                                                                                     amended by striking ‘‘and’’ at the end of                  ‘‘(i) comprising a system which generates
                                             mined under section 48(a)(5)(F)(ii))’ for ‘Jan-
                                                                                                     paragraph (4), by inserting ‘‘and’’ after the           electricity through the recovery of a quali-
                                             uary 1, 2021’.
                                                                                                     comma at the end of paragraph (5), and by               fied waste heat resource, and
                                               ‘‘(ii) APPLICABLE YEAR.—
                                                                                                     adding at the end the following new para-                  ‘‘(ii) the construction of which begins be-
                                               ‘‘(I) IN GENERAL.—For purposes of this sub-
                                                                                                     graph:                                                  fore January 1, 2025.
                                             paragraph, the term ‘applicable year’ means
                                                                                                       ‘‘(6) the qualified battery storage tech-                ‘‘(B) QUALIFIED WASTE HEAT RESOURCE.—
                                             the later of—
                                                                                                     nology expenditures,’’.                                 The term ‘qualified waste heat resource’
                                               ‘‘(aa) calendar year 2025, or
                                                                                                       (b) QUALIFIED BATTERY STORAGE TECH-                   means—
                                               ‘‘(bb) the calendar year subsequent to the
                                                                                                     NOLOGY EXPENDITURE.—Subsection (d) of sec-                 ‘‘(i) exhaust heat or flared gas from an in-
                                             first calendar year in which the Secretary, in
                                                                                                     tion 25D of the Internal Revenue Code of 1986           dustrial process that does not have, as its
                                             consultation with the Secretary of Energy,
                                                                                                     is amended by adding at the end the fol-                primary purpose, the production of elec-
                                             determines that the United States has in-
                                                                                                     lowing new paragraph:                                   tricity, and
                                             creased its offshore wind capacity by not less
                                                                                                       ‘‘(6) QUALIFIED BATTERY STORAGE TECH-                    ‘‘(ii) a pressure drop in any gas for an in-
                                             than 3,000 megawatts as compared to such
                                                                                                     NOLOGY EXPENDITURE.—The term ‘qualified                 dustrial or commercial process.
                                             capacity on January 1, 2021.
                                                                                                     battery storage technology expenditure’                    ‘‘(C) LIMITATIONS.—
                                               ‘‘(II) EXCLUSION OF CERTAIN FACILITIES.—
                                                                                                     means an expenditure for battery storage                   ‘‘(i) IN GENERAL.—For purposes of sub-
                                             For purposes of subclause (I)(bb), the Sec-
                                                                                                     technology which—                                       section (a)(1), the basis of any waste heat to
                                             retary shall not include any increase in off-
                                                                                                       ‘‘(A) is installed on or in connection with a         power property taken into account under
                                             shore wind capacity which is attributable to
                                                                                                     dwelling unit located in the United States              this section shall not exceed the excess of—
                                             any facility the construction of which began
                                                                                                     and used as a residence by the taxpayer, and               ‘‘(I) the basis of such property, over
                                             before January 1, 2021.
                                                                                                       ‘‘(B) has a capacity of not less than 3 kilo-            ‘‘(II) the fair market value of comparable
                                               ‘‘(iii) QUALIFIED OFFSHORE WIND FACILITY.—
                                                                                                     watt hours.’’.                                          property which does not have the capacity to
                                             For purposes of this subparagraph, the term
                                                                                                       (c) EFFECTIVE DATE.—The amendments                    capture and convert a qualified waste heat
                                             ‘qualified offshore wind facility’ means a
                                                                                                     made by this section shall apply to expendi-            resource to electricity.
                                             qualified facility described in paragraph (1)
                                                                                                     tures paid or incurred in taxable years begin-             ‘‘(ii) CAPACITY LIMITATION.—The term
                                             of section 45(d) which is located in the inland
                                                                                                     ning after December 31, 2019.                           ‘waste heat to power property’ shall not in-
                                             navigable waters of the United States, in-
                                                                                                     SEC.     4006.RESIDENTIAL ENERGY-EFFICIENT              clude any property comprising a system if
                                             cluding the Great Lakes, or in the coastal                           PROPERTY CREDIT FOR BIOMASS                such system has a capacity in excess of 50
                                             waters of the United States, including the                           FUEL PROPERTY EXPENDITURES.                megawatts.’’.
                                             territorial seas of the United States, the ex-               (a) ALLOWANCE OF CREDIT.—Section 25D(a)               (c) EFFECTIVE DATE.—The amendments
                                             clusive economic zone of the United States,             of the Internal Revenue Code of 1986, as                made by this section shall apply to periods
                                             and the outer Continental Shelf of the                  amended by section 4005(a), is amended—                 after the date of enactment of this Act, in
                                             United States.                                            (1) in paragraph (5), by striking ‘‘and’’ at          taxable years ending after such date, under
                                               ‘‘(iv) REPORT ON OFFSHORE WIND CAPAC-                 the end,                                                rules similar to the rules of section 48(m) of
                                             ITY.—On January 15, 2025, and annually                    (2) in paragraph (6), by adding ‘‘and’’ at the        the Internal Revenue Code of 1986 (as in ef-
                                             thereafter until the calendar year described            end, and                                                fect on the day before the date of the enact-
                                             in clause (ii)(I)(bb), the Secretary, in con-             (3) by inserting after paragraph (6) the fol-         ment of the Revenue Reconciliation Act of
                                             sultation with the Secretary of Energy, shall           lowing:                                                 1990).
                                             issue a report to be made available to the                ‘‘(7) the qualified biomass fuel property ex-         SEC. 4008. ENHANCING ENERGY CREDIT FOR
                                             public which discloses the increase in the              penditures,’’.                                                     GEOTHERMAL ENERGY.
                                             offshore wind capacity of the United States,              (b) QUALIFIED BIOMASS FUEL PROPERTY EX-                 (a) IN GENERAL.—Section 48(a)(2)(A)(i)(II)
                                             as measured in total megawatts, since Janu-             PENDITURES.—Section 25D(d) of such Code, as             of the Internal Revenue Code of 1986, as
                                             ary 1, 2021.’’.                                         amended by section 4005(b), is amended by               amended by section 4004, is amended by




dlhill on DSKBBY8HB2PROD with SENATE
                                               (b) EFFECTIVE DATE.—The amendment                     adding at the end the following new para-               striking ‘‘clause (i) or (viii) of paragraph
                                             made by this section shall apply to periods             graph:                                                  (3)(A)’’ and inserting ‘‘clause (i), (iii), or
                                             after December 31, 2016, under rules similar              ‘‘(7) QUALIFIED BIOMASS FUEL PROPERTY EX-             (viii) of paragraph (3)(A)’’.
                                             to the rules of section 48(m) of the Internal           PENDITURE.—                                               (b) PHASEOUT OF CREDIT.—Paragraph (6) of
                                             Revenue Code of 1986 (as in effect on the day             ‘‘(A) IN GENERAL.—The term ‘qualified bio-            section 48(a) of the Internal Revenue Code of
                                             before the date of the enactment of the Rev-            mass fuel property expenditure’ means an ex-            1986, as amended by section 4004, is amend-
                                             enue Reconciliation Act of 1990).                       penditure for property—                                 ed—




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000    Frm 00071   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.051   S03MRPT1
                                             S1344                                             CONGRESSIONAL RECORD — SENATE                                                           March 3, 2020
                                               (1) by striking ‘‘AND ENERGY STORAGE’’ in                (B) in subparagraph (B), by striking ‘‘be-            ‘‘(ii) to have building envelope component
                                             the heading and inserting ‘‘, ENERGY STOR-              gins before January 1, 2022, and which is not          improvements account for at least 1⁄5 of such
                                             AGE, AND GEOTHERMAL ENERGY’’; and                       placed in service before January 1, 2024’’ and         60 percent, or
                                               (2) by striking ‘‘clause (i) or (viii) of para-       inserting ‘‘begins before January 1, 2025, and           ‘‘(B) is certified—
                                             graph (3)(A)’’ both places it appears and in-           which is not placed in service before January            ‘‘(i) to have a level of annual energy con-
                                             serting ‘‘clause (i), (iii), or (viii) of paragraph     1, 2027’’.                                             sumption which is at least 15 percent below
                                             (3)(A)’’.                                                  (2) FIBER-OPTIC SOLAR, QUALIFIED FUEL               the annual level of energy consumption of a
                                               (c) EFFECTIVE DATE.—The amendments                    CELL, AND QUALIFIED SMALL WIND ENERGY                  comparable dwelling unit—
                                             made by this section shall apply to property            PROPERTY.—Section 48(a)(7) of such Code is               ‘‘(I) which is constructed in accordance
                                             placed in service after December 31, 2019.              amended—                                               with the standards of chapter 4 of the 2018
                                             SEC. 4009. EXTENSION OF RENEWABLE ELEC-                    (A) in subparagraph (A)—                            IECC, and
                                                        TRICITY PRODUCTION CREDIT.                      (i) in clause (i), by striking ‘‘after Decem-         ‘‘(II) which meets the requirements de-
                                               (a) IN GENERAL.—The following provisions              ber 31, 2019, and before January 1, 2021’’ and         scribed in subparagraph (A)(i)(II), and
                                             of section 45(d) of the Internal Revenue Code           inserting ‘‘after December 31, 2022, and be-             ‘‘(ii) to have building envelope component
                                             of 1986 are each amended by striking ‘‘Janu-            fore January 1, 2024’’, and                            improvements account for at least 1⁄5 of such
                                             ary 1, 2021’’ each place it appears and insert-            (ii) in clause (ii), by striking ‘‘after Decem-     15 percent,
                                             ing ‘‘January 1, 2024’’:                                ber 31, 2020, and before January 1, 2022’’ and           ‘‘(2) is a manufactured home which—
                                                (1) Paragraph (2)(A).                                inserting ‘‘after December 31, 2023, and be-             ‘‘(A) conforms to Federal Manufactured
                                                (2) Paragraph (3)(A).                                fore January 1, 2025’’, and                            Home Construction and Safety Standards
                                                (3) Paragraph (4)(B).                                   (B) in subparagraph (B), by striking ‘‘Janu-        (part 3280 of title 24, Code of Federal Regula-
                                                (4) Paragraph (6).                                   ary 1, 2024’’ and inserting ‘‘January 1, 2027’’.       tions), and
                                                (5) Paragraph (7).                                      (c) EFFECTIVE DATE.—The amendments                    ‘‘(B) meets the requirements described in
                                                (6) Paragraph (9).                                   made by this section shall apply to periods            subparagraph (A) or (B) of paragraph (1),
                                                (7) Paragraph (11)(B).                               after December 31, 2019.                                 ‘‘(3) meets the requirements established by
                                                (b) EXTENSION OF ELECTION TO TREAT                                                                          the Administrator of the Environmental
                                                                                                     SEC. 4011. PERMANENT EXTENSION OF ENERGY
                                             QUALIFIED FACILITIES AS ENERGY PROP-                                EFFICIENT  COMMERCIAL  BUILD-              Protection Agency under the Energy Star
                                             ERTY.—Section 48(a)(5)(C)(ii) of the Internal                       INGS DEDUCTION.                            Labeled Homes program, or
                                             Revenue Code of 1986 is amended by striking                                                                      ‘‘(4) is a manufactured home which—
                                                                                                       (a) IN GENERAL.—Section 179D of the Inter-
                                             ‘‘January 1, 2021’’ and inserting ‘‘January 1,                                                                   ‘‘(A) conforms to the standards described
                                                                                                     nal Revenue Code of 1986 is amended by
                                             2024’’.                                                                                                        in paragraph (2)(A), and
                                                                                                     striking subsection (h).
                                                (c) APPLICATION OF EXTENSION TO WIND FA-                                                                      ‘‘(B) meets the requirements described in
                                             CILITIES.—
                                                                                                       (b) EFFECTIVE DATE.—The amendment                    paragraph (3).’’; and
                                                (1) IN GENERAL.—Section 45(d)(1) of the In-          made by this section shall apply to property             (4) in subsection (g), by striking ‘‘Decem-
                                             ternal Revenue Code of 1986 is amended by               placed in service after December 31, 2020.             ber 31, 2020’’ and inserting ‘‘December 31,
                                             striking ‘‘January 1, 2021’’ and inserting              SEC. 4012. UPDATING NEW ENERGY EFFICIENT               2022’’.
                                             ‘‘January 1, 2024’’.                                                HOME CREDIT.                                 (b) EFFECTIVE DATE.—The amendments
                                                (2) APPLICATION OF PHASEOUT PERCENT-                    (a) IN GENERAL.—Section 45L of the Inter-           made by this section shall apply to qualified
                                             AGE.—                                                   nal Revenue Code of 1986 is amended—                   new energy efficient homes acquired after
                                                (A) IN GENERAL.—Section 45(b)(5)(D) of                  (1) in subsection (a)(2)—                           December 31, 2020.
                                             such Code is amended by striking ‘‘January                 (A) in subparagraph (A), by striking                SEC. 4013. UPDATING CREDIT FOR NONBUSINESS
                                             1, 2021’’ and inserting ‘‘January 1, 2024’’.            ‘‘$2,000’’ and inserting ‘‘$2,500’’; and                           ENERGY PROPERTY.
                                                (B) TREATMENT AS ENERGY PROPERTY.—Sec-                  (B) in subparagraph (B), by inserting ‘‘or             (a) IN GENERAL.—Section 25C of the Inter-
                                             tion 48(a)(5)(E)(iv) of such Code is amended            (4)’’ after ‘‘paragraph (3)’’;                         nal Revenue Code of 1986 is amended—
                                             by striking ‘‘January 1, 2021’’ and inserting              (2) in subsection (b)—                                 (1) in subsection (a)(1), by striking ‘‘10 per-
                                             ‘‘January 1, 2024’’.                                       (A) in paragraph (2)(B), by striking ‘‘this         cent’’ and inserting ‘‘15 percent’’,
                                                (d) EFFECTIVE DATE.—The amendments                   section’’ and inserting ‘‘the American En-                (2) in subsection (b)—
                                             made by this section shall apply to property            ergy Innovation Act of 2020’’; and                        (A) in paragraph (1)—
                                             placed in service after December 31, 2020.                 (B) by adding at the end the following:                (i) by striking ‘‘$500’’ and inserting
                                             SEC. 4010. EXTENSION OF ENERGY CREDIT.                     ‘‘(5) 2018 IECC.—                                   ‘‘$1,200’’, and
                                               (a) EXTENSIONS.—Section 48 of the Internal               ‘‘(A) IN GENERAL.—The term ‘2018 IECC’                 (ii) by striking ‘‘December 31, 2005’’ and in-
                                             Revenue Code of 1986 is amended—                        means the 2018 International Energy Con-               serting ‘‘December 31, 2019’’, and
                                                (1) in subsection (a)—                               servation Code, as such Code (including sup-              (B) by striking paragraphs (2) and (3) and
                                                (A) in paragraph (2)(A)(i)(II), by striking          plements) is in effect on the date of the en-          inserting the following:
                                             ‘‘January 1, 2022’’ and inserting ‘‘January 1,          actment of the American Energy Innovation                 ‘‘(2) LIMITATION ON INSULATION MATERIAL OR
                                             2025’’, and                                             Act of 2020.                                           SYSTEM.—In the case of amounts paid or in-
                                                (B) in paragraph (3)(A)—                                ‘‘(B) SPECIAL RULE.—For purposes of sub-            curred for components described in sub-
                                                (i) in clause (ii), by striking ‘‘January 1,         section (c)(1)(B)(i)(I), in determining whether        section (c)(3)(A) by any taxpayer for any tax-
                                             2022’’ and inserting ‘‘January 1, 2025’’, and           a dwelling unit has been constructed in ac-            able year, the credit allowed under this sec-
                                                (ii) in clause (vii), by striking ‘‘January 1,       cordance with the standards of chapter 4 of            tion with respect to such amounts for such
                                             2022’’ and inserting ‘‘January 1, 2025’’, and           the 2018 IECC by achieving a level of energy           year shall not exceed the excess (if any) of
                                                (2) in subsection (c)—                               efficiency which meets Section R406.4                  $600 over the aggregate credits allowed under
                                                (A) in paragraph (1)(D), by striking ‘‘Janu-         (N1106.4) of such Code, such determination             this section with respect to such amounts for
                                             ary 1, 2022’’ and inserting ‘‘January 1, 2025’’,        shall be made without accounting for on-site           all prior taxable years ending after Decem-
                                                (B) in paragraph (2)(D), by striking ‘‘Janu-         energy generation.’’;                                  ber 31, 2019.
                                             ary 1, 2022’’ and inserting ‘‘January 1, 2025’’,           (3) by striking subsection (c) and inserting           ‘‘(3) LIMITATION ON WINDOWS.—
                                                (C) in paragraph (3)(A)(iv), by striking             the following:                                            ‘‘(A) IN GENERAL.—
                                             ‘‘January 1, 2022’’ and inserting ‘‘January 1,             ‘‘(c) ENERGY SAVING REQUIREMENTS.—A                    ‘‘(i) ENERGY STAR MOST EFFICIENT.—In the
                                             2025’’, and                                             dwelling unit meets the energy saving re-              case of amounts paid or incurred by any tax-
                                                (D) in paragraph (4)(C), by striking ‘‘Janu-         quirements of this subsection if such unit—            payer for any taxable year for components
                                             ary 1, 2022’’ and inserting ‘‘January 1, 2025’’.           ‘‘(1)(A) is certified—                              described in subsection (c)(3)(B) which meet
                                                (b) PHASEOUTS.—                                         ‘‘(i) to have a level of annual heating and         the most efficient certification under appli-
                                                (1) SOLAR ENERGY, ENERGY STORAGE, AND                cooling energy consumption which is at least           cable Energy Star program requirements,
                                             GEOTHERMAL        ENERGY      PROPERTY.—Section         60 percent below the annual level of heating           the credit allowed under this section with re-
                                             48(a)(6) of the Internal Revenue Code of 1986,          and cooling energy consumption of a com-               spect to such amounts for such year shall
                                             as amended by section 4004, is amended—                 parable dwelling unit—                                 not exceed the excess (if any) of $600 over the
                                                (A) in subparagraph (A)—                                ‘‘(I) which is constructed in accordance            aggregate credits allowed under this section
                                                (i) by striking ‘‘January 1, 2022, the energy        with the standards of chapter 4 of the 2006            with respect to such amounts for all prior
                                             percentage’’ and inserting ‘‘January 1, 2025,           International Energy Conservation Code, as             taxable years ending after December 31, 2019.
                                             the energy percentage’’,                                such Code (including supplements) is in ef-               ‘‘(ii) ENERGY STAR.—In the case of amounts
                                                (ii) in clause (i), by striking ‘‘after Decem-       fect on January 1, 2006, and                           paid or incurred by any taxpayer for any tax-




dlhill on DSKBBY8HB2PROD with SENATE
                                             ber 31, 2019, and before January 1, 2021’’ and             ‘‘(II) for which the heating and cooling            able year for components described in sub-
                                             inserting ‘‘after December 31, 2022, and be-            equipment efficiencies correspond to the               section (c)(3)(B) which do not meet the most
                                             fore January 1, 2024’’, and                             minimum allowed under the regulations es-              efficient certification under applicable En-
                                                (iii) in clause (ii), by striking ‘‘after De-        tablished by the Department of Energy pur-             ergy Star program requirements, the credit
                                             cember 31, 2020, and before January 1, 2022’’           suant to the National Appliance Energy Con-            allowed under this section with respect to
                                             and inserting ‘‘after December 31, 2023, and            servation Act of 1987 and in effect at the             such amounts for such year shall not exceed
                                             before January 1, 2025’’, and                           time of completion of construction, and                the excess (if any) of $200 over the aggregate




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00072   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.051   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S1345
                                             credits allowed under this section with re-                (i) in clause (i), by adding ‘‘or’’ at the end,       (6) in subsection (g)(2), by striking ‘‘De-
                                             spect to such amounts for all prior taxable                (ii) in clause (ii), by striking ‘‘, or’’ and in-   cember 31, 2020’’ and inserting ‘‘December 31,
                                             years ending after December 31, 2019.                   serting a period, and                                  2024’’.
                                               ‘‘(B) ELECTION.—                                         (iii) by striking clause (iii),                       (b) EFFECTIVE DATE.—The amendments
                                               ‘‘(i) IN GENERAL.—For purposes of any                    (B) in paragraph (3)—                               made by this section shall apply to property
                                             amounts paid or incurred by any taxpayer                   (i) by striking subparagraph (A) and insert-        placed in service after December 31, 2020.
                                             for components described in subsection                  ing the following:                                     SEC. 4014. GREEN ENERGY PUBLICLY TRADED
                                             (c)(3)(B), the credit allowed under this sec-                                                                              PARTNERSHIPS.
                                                                                                        ‘‘(A) an electric heat pump water heater
                                             tion shall only be allowed for components de-                                                                    (a) IN GENERAL.—Section 7704(d)(1)(E) is
                                                                                                     which, in the standard Department of En-
                                             scribed in clause (i) of subparagraph (A) or                                                                   amended—
                                                                                                     ergy test procedure, yields a uniform energy
                                             clause (ii) of such subparagraph, but not                                                                        (1) by striking ‘‘income and gains derived
                                                                                                     factor of at least 3.0,’’,
                                             both, as elected by the taxpayer during the                                                                    from the exploration’’ and inserting ‘‘income
                                                                                                        (ii) in subparagraph (B), by striking ‘‘Janu-       and gains derived from—
                                             first taxable year in which such credit is
                                                                                                     ary 1, 2009’’ and inserting ‘‘the date of enact-         ‘‘(i) the exploration’’,
                                             being claimed by the taxpayer.
                                                                                                     ment of the American Energy Innovation                   (2) by inserting ‘‘or’’ before ‘‘industrial
                                               ‘‘(ii) IRREVOCABILITY.—The Secretary shall,
                                                                                                     Act of 2020’’,                                         source’’,
                                             through such rules, regulations, and proce-
                                             dures as are determined appropriate, estab-                (iii) in subparagraph (C), by striking ‘‘Jan-         (3) by striking ‘‘, or the transportation or
                                             lish procedures for making an election under            uary 1, 2009’’ and inserting ‘‘the date of en-         storage’’ and all that follows and inserting
                                             this subparagraph, which shall require that—            actment of the American Energy Innovation              the following:
                                               ‘‘(I) any election made by the taxpayer               Act of 2020’’,                                           ‘‘(ii) the generation of electric power or
                                             shall be irrevocable, and                                  (iv) by striking subparagraph (D) and in-           thermal energy exclusively using any quali-
                                               ‘‘(II) such election shall remain in effect           serting the following:                                 fied energy resource (as defined in section
                                             for all subsequent taxable years.                          ‘‘(D) a natural gas, propane, or oil water          45(c)(1)),
                                               ‘‘(4) LIMITATION ON DOORS.—In the case of             heater which, in the standard Department of              ‘‘(iii) the operation of energy property (as
                                             amounts paid or incurred for components de-             Energy test procedure, yields—                         defined in section 48(a)(3), determined with-
                                             scribed in subsection (c)(3)(C) by any tax-                ‘‘(i) in the case of a storage tank water           out regard to any date by which the con-
                                             payer for any taxable year, the credit al-              heater—                                                struction of the facility is required to begin),
                                             lowed under this section with respect to such              ‘‘(I) in the case of a medium-draw water              ‘‘(iv) in the case of a facility described in
                                             amounts for such year shall not exceed—                 heater, a uniform energy factor of not less            paragraph (3) or (7) of section 45(d) (deter-
                                               ‘‘(A) the excess (if any) of $500 over the ag-        than 0.78, and                                         mined without regard to any placed in serv-
                                             gregate credits allowed under this section                 ‘‘(II) in the case of a high-draw water heat-       ice date or date by which construction of the
                                             with respect to such amounts for all prior              er, a uniform energy factor of not less than           facility is required to begin), the accepting
                                             taxable years ending after December 31, 2019,           0.80, and                                              or processing of open-loop biomass or munic-
                                             or                                                         ‘‘(ii) in the case of a tankless water heat-        ipal solid waste,
                                               ‘‘(B) $250 for each exterior door.                    er—                                                      ‘‘(v) the storage of electric power or ther-
                                               ‘‘(5) LIMITATION ON RESIDENTIAL ENERGY                   ‘‘(I) in the case of a medium-draw water            mal energy exclusively using energy prop-
                                             PROPERTY EXPENDITURES.—The amount of the                heater, a uniform energy factor of not less            erty that is energy storage property (as de-
                                             credit allowed under this section by reason             than 0.87, and                                         fined in section 48(c)(5)),
                                             of subsection (a)(2) shall not exceed—                     ‘‘(II) in the case of a high-draw water heat-         ‘‘(vi) the generation, storage, or distribu-
                                               ‘‘(A) in the case of any energy-efficient             er, a uniform energy factor of not less than           tion of electric power or thermal energy ex-
                                             building property—                                      0.90, and’’, and                                       clusively using energy property that is com-
                                               ‘‘(i) for any item of property described in              (v) in subparagraph (E), by striking ‘‘of at        bined heat and power system property (as de-
                                             subparagraph (A), (B), or (C) of subsection             least 75 percent’’ and inserting the following:        fined in section 48(c)(3), determined without
                                             (d)(3), $600, and                                       ‘‘(as determined pursuant to the applicable            regard to subparagraph (B)(iii) thereof and
                                               ‘‘(ii) for any item of property described in                                                                 without regard to any date by which the con-
                                                                                                     list published by the Environmental Protec-
                                             subparagraph (D) or (E) of such subsection,                                                                    struction of the facility is required to begin),
                                                                                                     tion Agency for certified wood stoves,
                                             $400, and                                                                                                        ‘‘(vii) the transportation or storage of any
                                                                                                     hydronic heaters, or forced-air furnaces) of
                                               ‘‘(B) in the case of any qualified natural                                                                   fuel described in subsection (b), (c), (d), or (e)
                                                                                                     at least—
                                             gas, propane, or oil furnace or hot water                                                                      of section 6426,
                                                                                                        ‘‘(i) in the case of any stove placed in serv-
                                             boiler (as defined in subsection (d)(4)), an                                                                     ‘‘(viii) the conversion of renewable biomass
                                                                                                     ice before January 1, 2021, 73 percent, and
                                             amount equal to—                                                                                               (as defined in subparagraph (I) of section
                                                                                                        ‘‘(ii) in the case of any stove placed in serv-
                                               ‘‘(i) $600 for a hot water boiler, and                                                                       211(o)(1) of the Clean Air Act (as in effect on
                                                                                                     ice after December 31, 2020, 75 percent.’’,
                                               ‘‘(ii) in the case of a furnace, an amount                                                                   the date of the enactment of this clause))
                                                                                                        (C) in paragraph (4), by striking ‘‘not less        into renewable fuel (as defined in subpara-
                                             equal to the sum of—
                                                                                                     than 95’’ and inserting the following: ‘‘not           graph (J) of such section as so in effect), or
                                               ‘‘(I) $300, plus
                                                                                                     less than—                                             the storage or transportation of such fuel,
                                               ‘‘(II) if the taxpayer is converting from a
                                                                                                        ‘‘(A) in the case of a furnace, 97 percent,           ‘‘(ix) the production, storage, or transpor-
                                             non-condensing furnace to a condensing fur-
                                             nace, $300.’’,                                          and                                                    tation of any fuel which—
                                               (3) in subsection (c)—                                   ‘‘(B) in the case of a hot water boiler, 95           ‘‘(I) uses as its primary feedstock carbon
                                               (A) in paragraph (2)—                                 percent.’’,                                            oxides captured from an anthropogenic
                                               (i) by striking subparagraphs (A) and (B)                (D) by striking paragraph (5), and                  source or the atmosphere,
                                             and inserting the following:                               (E) by redesignating paragraph (6) as para-           ‘‘(II) does not use as its primary feedstock
                                               ‘‘(A) applicable Energy Star program re-              graph (5),                                             carbon oxide which is deliberately released
                                             quirements, in the case of an exterior win-                (5) in subsection (e), by adding the fol-           from naturally occurring subsurface springs,
                                             dow, a skylight, or an exterior door, and’’,            lowing new paragraphs at the end:                      and
                                               (ii) by redesignating subparagraph (C) as                ‘‘(4) INSTALLATION STANDARDS.—The terms               ‘‘(III) is determined by the Secretary, after
                                             subparagraph (B), and                                   ‘energy efficient building envelope compo-             consultation with the Secretary of Energy
                                               (iii) in subparagraph (B), as so redesig-             nent’ and ‘qualified energy property’ shall            and the Administrator of the Environmental
                                             nated, by striking ‘‘2009 International’’ and           not include any components or property                 Protection Agency, to achieve a reduction of
                                             all that follows through ‘‘Act of 2009’’ and in-        which are not installed according to any ap-           not less than a 60 percent in lifecycle green-
                                             serting ‘‘2015 IECC (as defined in section              plicable Air Conditioning Contractors of               house gas emissions (as defined in section
                                             45L(b)(5))’’,                                           America Quality Installation standards                 211(o)(1)(H) of the Clean Air Act, as in effect
                                               (B) in paragraph (3)—                                 which are in effect at the time that such              on the date of the enactment of this clause)
                                               (i) in subparagraph (B), by adding ‘‘and’’ at         components or property are placed in serv-             compared to baseline lifecycle greenhouse
                                             the end,                                                ice.                                                   gas emissions (as defined in section
                                               (ii) in subparagraph (C), by striking ‘‘,                ‘‘(5) REPLACEMENT OF TERMINATED STAND-              211(o)(1)(C) of such Act, as so in effect),
                                             and’’ and inserting a period, and                       ARDS.—In the case of any standard, require-              ‘‘(x) the generation of electric power from,
                                               (iii) by striking subparagraph (D), and               ment, or criteria applicable to any energy ef-         a qualifying gasification project (as defined
                                               (C) by adding at the end the following new            ficient building envelope component or                 in section 48B(c)(1) without regard to sub-
                                             paragraph:                                              qualified energy property which is termi-              paragraph (C)) that is described in section
                                               ‘‘(5) LABOR COSTS.—The term ‘qualified en-            nated after the date of enactment of the               48(d)(1)(B), or




dlhill on DSKBBY8HB2PROD with SENATE
                                             ergy efficiency improvements’ includes ex-              American Energy Innovation Act of 2020, the              ‘‘(xi) in the case of a qualified facility (as
                                             penditures for labor costs properly allocable           Secretary, in consultation with the Sec-               defined in section 45Q(d), without regard to
                                             to the onsite preparation, assembly, or origi-          retary of Energy, shall identify a similar             any date by which construction of the facil-
                                             nal installation of any energy efficient build-         standard, requirement, or criteria for pur-            ity is required to begin) not less than 50 per-
                                             ing envelope component.’’,                              poses of determining the eligibility of any            cent (30 percent in the case of a facility
                                               (4) in subsection (d)—                                such component or property for purposes of             placed in service before January 1, 2020) of
                                               (A) in paragraph (2)(A)—                              credit allowed under this section.’’, and              the total carbon oxide production of which is




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00073   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.051   S03MRPT1
                                             S1346                                             CONGRESSIONAL RECORD — SENATE                                                           March 3, 2020
                                             qualified carbon oxide (as defined in section           an administrator, to be appointed by the               appropriate industry-recognized certification
                                             45Q(c))——                                               Secretary from among individuals with expe-            and training program does not exist, the Sec-
                                               ‘‘(I) the generation, availability for such           rience relating to military service.                   retary shall establish a grant program to as-
                                             generation, or storage of electric power at               ‘‘(d) ADMINISTRATION OF PROGRAM.—                    sist the industry in developing such an in-
                                             such facility, or                                         ‘‘(1) IN GENERAL.—The Secretary, in part-            dustry-recognized certification and training
                                               ‘‘(II) the capture of carbon dioxide by such          nership with the Secretary of Defense, shall           program.
                                             facility,’’.                                            carry out the program through the                        ‘‘(g) REPORT.—Not later than 1 year after
                                               (b) EFFECTIVE DATE.—The amendments                    SkillBridge program of the Department of               the date on which the program is estab-
                                             made by this section apply to taxable years             Defense, under which the Secretary shall               lished, and annually thereafter, the Sec-
                                             beginning after December 31, 2019.                      provide standardized training courses, based,          retary shall submit to Congress a report de-
                                             SEC. 4015. EXTENSION OF CREDIT FOR RESIDEN-             to the maximum extent practicable, on ex-              scribing the activities carried out under, and
                                                         TIAL ENERGY EFFICIENT PROPERTY.             isting industry-recognized certification and           accomplishments of, the program, includ-
                                               (a) EXTENSION.—Section 25D(h) of the In-              training programs, to prepare eligible par-            ing—
                                             ternal Revenue Code of 1986 is amended by               ticipants in the program for careers in the              ‘‘(1) the number of veterans enrolled in the
                                             striking ‘‘December 31, 2021’’ and inserting            energy industry, including—                            program;
                                             ‘‘December 31, 2024’’.                                    ‘‘(A) in the solar energy industry, careers—           ‘‘(2) the regional distribution of those vet-
                                                (b)    APPLICABLE      PERCENTAGE.—Section             ‘‘(i) as solar photovoltaic system install-          erans;
                                             25D(g) of the Internal Revenue Code of 1986 is          ers;                                                     ‘‘(3) the cost of certification under the pro-
                                             amended—                                                  ‘‘(ii) as solar technicians;                         gram;
                                                (1) in paragraph (1), by striking ‘‘January            ‘‘(iii) as system inspectors; and                      ‘‘(4) the rate of job placement;
                                             1, 2020’’ and inserting ‘‘January 1, 2023’’,              ‘‘(iv) in other areas relating to the solar            ‘‘(5) the rate of job retention; and
                                                (2) in paragraph (2), by striking ‘‘after De-        energy industry;                                         ‘‘(6) the average salaries of veterans who
                                             cember 31, 2019, and before January 1, 2021’’             ‘‘(B) in the wind energy industry, careers—          were enrolled in the program.’’.
                                             and inserting ‘‘after December 31, 2022, and              ‘‘(i) in wind energy operations;                       (b) CLERICAL AMENDMENT.—The table of
                                             before January 1, 2024’’, and                             ‘‘(ii) in wind energy development;                   contents for the Energy Policy Act of 2005
                                                (3) in paragraph (3), by striking ‘‘after De-          ‘‘(iii) in wind energy manufacturing;                (Public Law 109–58; 119 Stat. 601) is amended
                                             cember 31, 2020, and before January 1, 2022’’             ‘‘(iv) as wind energy technicians;                   by inserting after the item relating to sec-
                                             and inserting ‘‘after December 31, 2023, and              ‘‘(v) in the support of all parts of the wind        tion 1106 the following:
                                             before January 1, 2025’’.                               energy supply chain; and                                 ‘‘Sec. 1107. Energy-Ready Vets Program.’’.
                                                (c) EFFECTIVE DATE.—The amendments                     ‘‘(vi) in other areas relating to the wind
                                             made by this section shall apply to property            energy industry;                                         SA 1399. Ms. DUCKWORTH (for her-
                                             placed in service after December 31, 2019.                ‘‘(C) in the cybersecurity sector of the en-         self, Mr. WYDEN, and Mr. MARKEY) sub-
                                                                                                     ergy industry, careers in—                             mitted an amendment intended to be
                                               SA 1398. Ms. DUCKWORTH (for her-                        ‘‘(i) cybersecurity preparedness;
                                             self, Mr. BENNET, Mr. CRAPO, and Mr.                                                                           proposed by her to the bill S. 2657, to
                                                                                                       ‘‘(ii) cyber incident response and recovery;
                                             DURBIN) submitted an amendment in-                                                                             support innovation in advanced geo-
                                                                                                       ‘‘(iii) grid modernization, security, and
                                             tended to be proposed by her to the bill                maintenance;                                           thermal research and development, and
                                             S. 2657, to support innovation in ad-                     ‘‘(iv) resilience planning; and                      for other purposes; which was ordered
                                             vanced geothermal research and devel-                     ‘‘(v) other areas relating to the cybersecu-         to lie on the table; as follows:
                                             opment, and for other purposes; which                   rity sector of the energy industry;                      At the appropriate place, insert the fol-
                                                                                                       ‘‘(D) careers in other low-carbon emissions          lowing:
                                             was ordered to lie on the table; as fol-                                                                       SEC. lll. DEFINITION OF PERSON.
                                                                                                     sectors or zero-emissions sectors of the en-
                                             lows:                                                   ergy industry identified by the Secretary;               Section 211(a)(2) of the Energy Reorganiza-
                                               At the end of subtitle C of title II, add the         and                                                    tion Act of 1974 (42 U.S.C. 5851(a)(2)) is
                                             following:                                                ‘‘(E) careers in sectors that plan, develop,         amended—
                                             SEC. 23ll. ENERGY-READY VETS PROGRAM.                   construct, maintain, and expand energy in-               (1) by redesignating subparagraphs (A)
                                               (a) IN GENERAL.—Title XI of the Energy                dustry infrastructure.                                 through (G) as clauses (i) through (vii), re-
                                             Policy Act of 2005 (42 U.S.C. 16411 et seq.) is           ‘‘(2) PROGRAM REQUIREMENTS.—                         spectively, and indenting the clauses appro-
                                             amended by adding at the end the following:               ‘‘(A) IN GENERAL.—In carrying out the pro-           priately;
                                             ‘‘SEC. 1107. ENERGY-READY VETS PROGRAM.                 gram, the Secretary shall ensure that the                (2) in the matter preceding clause (i) (as so
                                                ‘‘(a) PURPOSE.—The purpose of this section           courses described in paragraph (1)—                    redesignated), by striking the paragraph des-
                                             is to ensure that veterans have the creden-               ‘‘(i) provide—                                       ignation and all that follows through ‘‘in-
                                             tials and training necessary to secure ca-                ‘‘(I) job training;                                  cludes—’’ and inserting the following:
                                             reers in the energy industry.                             ‘‘(II) employment skills training, including           ‘‘(2) DEFINITIONS.—In this section:
                                               ‘‘(b) DEFINITIONS.—In this section:                   providing comprehensive wraparound sup-                  ‘‘(A) EMPLOYER.—The term ‘employer’ in-
                                               ‘‘(1) ACTIVE MILITARY, NAVAL, OR AIR SERV-            port services to eligible participants that—           cludes—’’; and
                                             ICE.—The term ‘active military, naval, or air             ‘‘(aa) enhance the training experience and             (3) by adding at the end the following:
                                             service’ has the meaning given such term in             promote the professional development of eli-             ‘‘(B) PERSON.—The term ‘person’ includes—
                                             section 101 of title 38, United States Code.            gible participants; and                                  ‘‘(i) a person (as defined in section 11 of the
                                               ‘‘(2) ELIGIBLE PARTICIPANT.—The term ‘eli-              ‘‘(bb) help eligible participants transition         Atomic Energy Act of 1954 (42 U.S.C. 2014));
                                             gible participant’ means a veteran who—                 into the workforce; and                                  ‘‘(ii) the Commission; and
                                               ‘‘(A) was discharged or released from serv-             ‘‘(III) opportunities for internships of not           ‘‘(iii) the Department of Energy.’’.
                                             ice in the active military, naval, or air serv-         longer than 180 days; and
                                             ice during the most recent 1-year period; or              ‘‘(ii) are carried out primarily through—              SA 1400. Mr. TILLIS (for himself and
                                               ‘‘(B)(i) was discharged or released from                ‘‘(I) internships; or                                Mr. BURR) submitted an amendment in-
                                             service in the active military, naval, or air             ‘‘(II) applied, work-based training.                 tended to be proposed by him to the
                                             service during the 2-year period immediately              ‘‘(B) EXAM REQUIREMENT.—As a require-                bill S. 2657, to support innovation in
                                             preceding the most recent 1-year period; and            ment for completing a course described in
                                               ‘‘(ii) receives the approval of the Secretary                                                                advanced geothermal research and de-
                                                                                                     paragraph (1), the Secretary shall require             velopment, and for other purposes;
                                             to participate in the program.                          each eligible participant in the course to
                                               ‘‘(3) PROGRAM.—The term ‘program’ means                                                                      which was ordered to lie on the table;
                                                                                                     earn an applicable industry-recognized
                                             the Energy-Ready Vets Program established               entry-level certificate or other credential.           as follows:
                                             under subsection (c)(1).                                  ‘‘(e) RECOGNITION OF ENTITIES.—The Sec-                At the end of subtitle D of title I, add the
                                               ‘‘(4) UNIFORMED SERVICES.—The term ‘uni-              retary and the administrator of the program            following:
                                             formed services’ has the meaning given such             appointed under subsection (c)(2), working             SEC. 14ll. HIGH EFFICIENCY GAS TURBINES.
                                             term in section 10(a) of title 10, United               jointly, shall establish and carry out a pro-            (a) IN GENERAL.—The Secretary, acting
                                             States Code.                                            gram to recognize commercial entities that             through the Assistant Secretary for Fossil
                                               ‘‘(5) VETERAN.—The term ‘veteran’ has the             hire eligible participants who receive certifi-        Energy (referred to in this section as the
                                             meaning given such term in section 101 of               cations or other credentials under the pro-            ‘‘Secretary’’), shall carry out a multiyear,
                                             title 38, United States Code.                           gram, based on the proportion that—                    multiphase program (referred to in this sec-
                                               ‘‘(c) ESTABLISHMENT; IMPLEMENTATION.—                   ‘‘(1) the number of such eligible partici-           tion as the ‘‘program’’) of research, develop-




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(1) ESTABLISHMENT.—The Secretary shall              pants hired by the commercial entity; bears            ment, and technology demonstration to im-
                                             establish a program, to be known as the ‘En-            to                                                     prove the efficiency of gas turbines used in
                                             ergy-Ready Vets Program’, to prepare eligi-               ‘‘(2) the number of such eligible partici-           power generation systems and aviation.
                                             ble participants for careers in the energy in-          pants hired by all commercial entities.                  (b) PROGRAM ELEMENTS.—The program
                                             dustry.                                                   ‘‘(f) ESTABLISHMENT OF INDUSTRY-RECOG-               shall—
                                               ‘‘(2) IMPLEMENTATION.—The Secretary shall             NIZED CERTIFICATION AND TRAINING PRO-                    (1) support first-of-a-kind engineering and
                                             ensure that the program is implemented by               GRAMS.—For purposes of subsection (d), if an           detailed gas turbine design for small-scale




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00074   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.051   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                                S1347
                                             and utility-scale electric power generation,              (A) stimulate the creation or increased re-              (B) by striking the table and inserting the
                                             including—                                              tention of jobs in the United States; and               following:
                                               (A) high temperature materials, including               (B) promote and enhance technology lead-              ‘‘If           population                 the limitation is
                                             superalloys, coatings, and ceramics;                    ership in the United States.                               equals—                                    equal to the
                                               (B) improved heat transfer capability;                  (4) COMPETITIVE AWARDS.—The Secretary                                                         population times—
                                               (C) manufacturing technology required to              shall provide financial assistance under this              1,000 ................................         $254.40
                                             construct complex 3-dimensional geometry                section on a competitive basis, with an em-                2,000 ................................         $230.66
                                             parts with improved aerodynamic capability;             phasis on technical merit.                                 3,000 ................................         $212.00
                                               (D) combustion technology to produce                    (5) COST SHARING.—Section 988 of the En-                 4,000 ................................         $198.43
                                             higher firing temperature while lowering ni-            ergy Policy Act of 2005 (42 U.S.C. 16352) shall            5,000 ................................         $186.56
                                             trogen oxide and carbon monoxide emissions              apply to financial assistance provided under               6,000 ................................         $174.71
                                             per unit of output;                                     this section.                                              7,000 ................................         $164.50
                                               (E) advanced controls and systems integra-              (e) AUTHORIZATION OF APPROPRIATIONS.—                    8,000 ................................         $152.67
                                             tion;                                                   There is authorized to be appropriated to                  9,000 ................................         $142.45
                                               (F) advanced high performance compressor              carry out this section $50,000,000 for each of             10,000 ...............................         $130.55
                                             technology; and                                         fiscal years 2021 through 2025.                            11,000 ...............................         $127.22
                                               (G) validation facilities for the testing of                                                                     12,000 ...............................         $123.83
                                             components and subsystems;                                SA 1401. Mr. DAINES (for himself                         13,000 ...............................         $118.73
                                               (2) include technology demonstration                  and Mr. BARRASSO) submitted an                             14,000 ...............................         $115.34
                                             through component testing, subscale testing,            amendment intended to be proposed by                       15,000 ...............................         $111.92
                                             and full-scale testing in existing fleets;              him to the bill S. 2657, to support inno-                  16,000 ...............................         $110.24
                                               (3) include field demonstrations of the de-           vation in advanced geothermal re-                          17,000 ...............................         $108.51
                                             veloped technology elements to demonstrate                                                                         18,000 ...............................         $106.85
                                                                                                     search and development, and for other
                                             technical and economic feasibility;                                                                                19,000 ...............................         $105.16
                                               (4) assess overall combined cycle and sim-            purposes; which was ordered to lie on                      20,000 ...............................         $103.51
                                             ple cycle system performance;                           the table; as follows:                                     21,000 ...............................         $101.76
                                               (5) increase fuel flexibility by enabling gas              At the end of title II, add the following:            22,000 ...............................         $100.07
                                             turbines to operate with high proportions of                         Subtitle D—Miscellaneous                      23,000 ...............................         $100.07
                                             hydrogen or other renewable gas fuels;                  SEC. 24lll. ELIMINATION OF AN ADMINISTRA-                  24,000 ...............................          $98.37
                                               (6) enhance foundational knowledge needed                        TIVE FEE UNDER THE MINERAL                      25,000 ...............................          $96.69
                                             for low-emission combustion systems that                           LEASING ACT.                                    26,000 ...............................          $94.98
                                             can work in high-pressure, high-temperature               (a) IN GENERAL.—Section 35 of the Mineral                27,000 ...............................          $94.98
                                             environments required for high-efficiency               Leasing Act (30 U.S.C. 191) is amended—                    28,000 ...............................          $94.98
                                             cycles;                                                    (1) in subsection (a), in the first sentence,           29,000 ...............................          $93.31
                                               (7) increase operational flexibility by re-           by striking ‘‘, subject to the provisions of               30,000 ...............................          $93.31
                                             ducing turbine start-up times and improving             subsection (b),’’;                                         31,000 ...............................          $91.59
                                             the ability to accommodate flexible power                  (2) by striking subsection (b);                         32,000 ...............................          $91.59
                                             demand; and                                                (3) by redesignating subsections (c) and (d)            33,000 ...............................          $89.88
                                               (8) include any other elements necessary to           as subsections (b) and (c), respectively;                  34,000 ...............................          $89.88
                                             achieve the goals described in subsection (c),             (4) in subsection (b)(3)(B)(ii) (as so redesig-         35,000 ...............................          $88.17
                                             as determined by the Secretary in consulta-             nated), by striking ‘‘subsection (d)’’ and in-             36,000 ...............................          $88.17
                                             tion with private industry.                             serting ‘‘subsection (c)’’; and                            37,000 ...............................          $86.48
                                               (c) PROGRAM GOALS.—                                      (5) in subsection (c)(3)(A)(ii) (as so redesig-         38,000 ...............................          $86.48
                                               (1) IN GENERAL.—The goals of the program              nated), by striking ‘‘subsection (c)(2)(B)’’ and           39,000 ...............................          $84.82
                                             shall be—                                                                                                          40,000 ...............................          $84.82
                                                                                                     inserting ‘‘subsection (b)(2)(B)’’.
                                               (A) in phase I, to develop a conceptual de-              (b) CONFORMING AMENDMENTS.—                             41,000 ...............................          $83.09
                                             sign of, and to develop and demonstrate the                (1) Section 6(a) of the Mineral Leasing Act             42,000 ...............................          $81.42
                                             technology required for—                                for Acquired Lands (30 U.S.C. 355(a)) is                   43,000 ...............................          $81.42
                                               (i) advanced high efficiency gas turbines to                                                                     44,000 ...............................          $79.69
                                                                                                     amended—
                                             achieve, on a lower heating value basis—                                                                           45,000 ...............................          $79.69
                                                                                                        (A) in the first sentence, by striking ‘‘Sub-
                                               (I) a combined cycle efficiency of not less                                                                      46,000 ...............................          $78.03
                                                                                                     ject to the provisions of section 35(b) of the
                                             than 65 percent; or                                                                                                47,000 ...............................          $78.03
                                                                                                     Mineral Leasing Act (30 U.S.C. 191(b)), all’’
                                               (II) a simple cycle efficiency of not less                                                                       48,000 ...............................          $76.33
                                                                                                     and inserting ‘‘All’’; and                                 49,000 ...............................          $76.33
                                             than 47 percent; and                                       (B) in the second sentence, by striking ‘‘of            50,000 ...............................         $74.63.’’.
                                               (ii) aviation gas turbines to achieve a 25            the Act of February 25, 1920 (41 Stat. 450; 30
                                             percent reduction in fuel burn by improving             U.S.C. 191)’’ and inserting ‘‘of the Mineral
                                             fuel efficiency to existing best-in-class
                                                                                                                                                               SA 1403. Mr. BARRASSO (for himself
                                                                                                     Leasing Act (30 U.S.C. 191)’’.
                                             turbo-fan engines; and                                     (2) Section 20(a) of the Geothermal Steam
                                                                                                                                                             and Mr. CRAMER) submitted an amend-
                                               (B) in phase II, to develop a conceptual de-          Act of 1970 (30 U.S.C. 1019(a)) is amended in           ment intended to be proposed by him
                                             sign of advanced high efficiency gas turbines           the matter preceding paragraph (1), in the              to the bill S. 2657, to support innova-
                                             that can achieve, on a lower heating value              second sentence, by striking ‘‘the provisions           tion in advanced geothermal research
                                             basis—                                                  of subsection (b) of section 35 of the Mineral          and development, and for other pur-
                                               (i) a combined cycle efficiency of not less           Leasing Act (30 U.S.C. 191(b)) and’’.                   poses; which was ordered to lie on the
                                             than 67 percent; or                                        (3) Section 205(f) of the Federal Oil and Gas        table; as follows:
                                               (ii) a simple cycle efficiency of not less            Royalty Management Act of 1982 (30 U.S.C.
                                             than 50 percent.                                                                                                  At the end of title II, add the following:
                                                                                                     1735(f)) is amended by striking the fourth,
                                               (2) ADDITIONAL GOALS.—If a goal described             fifth, and sixth sentences.                                       Subtitle D—Miscellaneous
                                             in paragraph (1) has been achieved, the Sec-                                                                    SEC. 24lll. STATE AND TRIBAL AUTHORITY
                                             retary, in consultation with private industry             SA 1402. Mr. DAINES submitted an                                FOR HYDRAULIC FRACTURING REG-
                                             and the National Academy of Sciences, may               amendment intended to be proposed by                              ULATION.
                                             develop additional goals or phases for ad-              him to the bill S. 2657, to support inno-                 The Mineral Leasing Act (30 U.S.C. 181 et
                                             vanced gas turbine research and develop-                vation in advanced geothermal re-                       seq.) is amended—
                                             ment.                                                                                                             (1) by redesignating section 44 as section
                                               (d) FINANCIAL ASSISTANCE.—
                                                                                                     search and development, and for other                   45; and
                                               (1) IN GENERAL.—The Secretary may pro-                purposes; which was ordered to lie on                     (2) by adding after section 43 the following:
                                             vide financial assistance, including grants,            the table; as follows:                                  ‘‘SEC. 44. STATE AND TRIBAL AUTHORITY FOR HY-
                                             to carry out the program.                                    At the end, add the following:                                   DRAULIC   FRACTURING    REGULA-
                                               (2) PROPOSALS.—Not later than 180 days                           TITLE IV—MISCELLANEOUS                                     TION.
                                             after the date of enactment of this Act, the            SEC. 4001. ADJUSTMENT FOR LOW-POPULATION                   ‘‘(a) IN GENERAL.—In this section:
                                             Secretary shall solicit proposals from indus-                       UNITS OF GENERAL LOCAL GOVERN-                 ‘‘(1) HYDRAULIC FRACTURING DEFINED.—The
                                             try, small businesses, universities, and other                      MENT.                                       term ‘hydraulic fracturing’ means the proc-




dlhill on DSKBBY8HB2PROD with SENATE
                                             appropriate parties for conducting activities             Section 6903(c) of title 31, United States            ess of creating small cracks or fractures in
                                             under this section.                                     Code, is amended—                                       underground geological formations for well
                                               (3) CONSIDERATIONS.—In selecting proposed               (1) in paragraph (1), by striking ‘‘4,999’’ and       stimulation purposes of bringing hydro-
                                             projects to receive financial assistance under          inserting ‘‘999’’; and                                  carbons into the wellbore and to the surface
                                             this section, the Secretary shall give special            (2) in paragraph (2)—                                 for capture.
                                             consideration to the extent to which the pro-             (A) in the matter preceding the table, by               ‘‘(2) SECRETARY.—The term ‘Secretary’
                                             posed project will—                                     striking ‘‘5,000’’ and inserting ‘‘1,000’’; and         means the Secretary of the Interior.




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000    Frm 00075   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.069   S03MRPT1
                                             S1348                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                               ‘‘(b) ENFORCEMENT OF FEDERAL REGULA-                  cuit or the circuit in which the liquefied nat-          ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’;
                                             TIONS.—The Secretary shall not enforce any              ural gas export facility will be located pursu-          (C) in the matter preceding subparagraph
                                             Federal regulation, guidance, or permit re-             ant to an application described in subsection          (A) (as so redesignated)—
                                             quirement regarding hydraulic fracturing re-            (a) shall have original and exclusive jurisdic-          (i) in the third sentence, by striking ‘‘Such
                                             lating to oil, gas, or geothermal production            tion over any civil action for the review of—          program’’ and inserting the following:
                                             activities on or under any land in any State              (A) an order issued by the Secretary with              ‘‘(3) PROGRAM INCLUSIONS.—The program
                                             that has regulations, guidance, or permit re-           respect to the application; or                         under this subsection’’;
                                             quirements for that activity.                             (B) the failure of the Secretary to issue a            (ii) in the second sentence—
                                               ‘‘(c) STATE AUTHORITY.—The Secretary                  final decision on the application.                       (I) by inserting ‘‘States, institutions of
                                             shall defer to State regulations, guidance,               (2) ORDER TO ISSUE DECISION.—If the Court            higher education,’’ after ‘‘scientists,’’; and
                                             and permit requirements for all activities re-          in a civil action described in paragraph (1)             (II) by striking ‘‘Such strategies and tech-
                                             garding hydraulic fracturing relating to oil,           finds that the Secretary has failed to issue a         nologies shall be developed’’ and inserting
                                             gas, or geothermal production activities on             decision on the application as required under          the following:
                                             Federal land.                                           subsection (a), the Court shall order the Sec-           ‘‘(2) PARTICIPATION REQUIREMENT.—Such
                                               ‘‘(d) TRANSPARENCY OF STATE REGULA-                   retary to issue the decision not later than 30
                                                                                                                                                            strategies and technologies described in
                                             TIONS.—                                                 days after the order of the Court.
                                                                                                                                                            paragraph (1) shall be developed’’; and
                                               ‘‘(1) IN GENERAL.—Each State shall submit               (3) EXPEDITED CONSIDERATION.—The Court
                                                                                                                                                              (iii) in the first sentence, by striking ‘‘In
                                             to the Bureau of Land Management a copy of              shall set any civil action brought under this
                                                                                                                                                            carrying out’’ and inserting the following:
                                             the regulations of the State that apply to              subsection for expedited consideration and
                                                                                                                                                              ‘‘(1) IN GENERAL.—In carrying out’’; and
                                             hydraulic fracturing operations on Federal              shall set the matter on the docket as soon as
                                                                                                                                                              (D) by adding at the end the following:
                                             land, including the regulations that require            practical after the filing date of the initial
                                                                                                                                                              ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.—
                                             disclosure of chemicals used in hydraulic               pleading.
                                                                                                                                                              ‘‘(A) IN GENERAL.—In carrying out para-
                                             fracturing operations.                                    (4) APPEALS.—In the case of an application
                                                                                                     described in subsection (a) for which a peti-          graph (3)(A) with respect to carbon dioxide,
                                               ‘‘(2) AVAILABILITY.—The Secretary shall
                                                                                                     tion for review has been filed—                        the Administrator shall carry out the activi-
                                             make available to the public on the website
                                                                                                       (A) upon motion by an applicant, the mat-            ties described in each of subparagraphs (B),
                                             of the Secretary the regulations submitted
                                                                                                     ter shall be transferred to the United States          (C), (D), and (E).
                                             under paragraph (1).
                                                                                                     Court of Appeals for the District of Columbia            ‘‘(B) DIRECT AIR CAPTURE RESEARCH.—
                                               ‘‘(e) TRIBAL AUTHORITY ON TRUST LAND.—
                                             The Secretary shall not enforce any Federal             Circuit or the circuit in which a liquefied              ‘‘(i) DEFINITIONS.—In this subparagraph:
                                             regulation, guidance, or permit requirement             natural gas export facility will be located              ‘‘(I) BOARD.—The term ‘Board’ means the
                                             with respect to hydraulic fracturing on any             pursuant to an application described in sec-           Direct Air Capture Technology Advisory
                                             land held in trust or restricted status for the         tion 3(a) of the Natural Gas Act (15 U.S.C.            Board established by clause (iii)(I).
                                             benefit of a federally recognized Indian Tribe          717b(a)); and                                            ‘‘(II) DILUTE.—The term ‘dilute’ means a
                                             or a member of a federally recognized Indian              (B) the provisions of this section shall             concentration of less than 1 percent by vol-
                                             Tribe, except with the express consent of the           apply.                                                 ume.
                                             beneficiary on whose behalf the land is held                                                                     ‘‘(III) DIRECT AIR CAPTURE.—
                                             in trust or restricted status.’’.                         SA 1405. Ms. MURKOWSKI submitted                       ‘‘(aa) IN GENERAL.—The term ‘direct air
                                                                                                     an amendment intended to be proposed                   capture’, with respect to a facility, tech-
                                               SA 1404. Mr. BARRASSO (for himself                    by her to the bill S. 2657, to support in-             nology, or system, means that the facility,
                                                                                                     novation in advanced geothermal re-                    technology, or system uses carbon capture
                                             and Mr. CRAMER) submitted an amend-
                                                                                                                                                            equipment to capture carbon dioxide directly
                                             ment intended to be proposed by him                     search and development, and for other
                                                                                                                                                            from the air.
                                             to the bill S. 2657, to support innova-                 purposes; which was ordered to lie on                    ‘‘(bb) EXCLUSION.—The term ‘direct air cap-
                                             tion in advanced geothermal research                    the table; as follows:                                 ture’ does not include any facility, tech-
                                             and development, and for other pur-                        On page 457, line 1, strike ‘‘2025’’ and insert     nology, or system that captures carbon diox-
                                             poses; which was ordered to lie on the                  ‘‘2026’’.                                              ide—
                                             table; as follows:                                                                                               ‘‘(AA) that is deliberately released from a
                                                                                                       SA 1406. Mr. BARRASSO (for him-                      naturally occurring subsurface spring; or
                                               At the end of subtitle H of title I, add the          self, Mr. WHITEHOUSE, Mrs. CAPITO, Mr.
                                             following:                                                                                                       ‘‘(BB) using natural photosynthesis.
                                                                                                     CARPER, Mr. CRAMER, Mr. SCHATZ, Mr.                      ‘‘(IV) INTELLECTUAL PROPERTY.—The term
                                             SEC. 18llll. ACTION ON APPLICATIONS TO EX-              INHOFE, Mr. VAN HOLLEN, Mr. ENZI, Ms.
                                                         PORT NATURAL GAS.                                                                                  ‘intellectual property’ means—
                                                                                                     SMITH, Mr. DAINES, Mr. COONS, Mr.                        ‘‘(aa) an invention that is patentable under
                                               (a) DECISION DEADLINE.—For proposals that
                                             must also obtain authorization from the                 DURBIN, Mr. HOEVEN, and Ms. HASSAN)                    title 35, United States Code; and
                                             Federal Energy Regulatory Commission or                 submitted an amendment intended to                       ‘‘(bb) any patent on an invention described
                                             the United States Maritime Administration               be proposed by him to the bill S. 2657,                in item (aa).
                                             to site, construct, expand, or operate lique-           to support innovation in advanced geo-                   ‘‘(ii) TECHNOLOGY PRIZES.—
                                             fied natural gas export facilities, the Sec-            thermal research and development, and                    ‘‘(I) IN GENERAL.—Not later than 1 year
                                                                                                                                                            after the date of enactment of the USE IT
                                             retary shall issue a final decision on any ap-          for other purposes; which was ordered
                                             plication for the authorization to export nat-                                                                 Act, the Administrator, in consultation with
                                                                                                     to lie on the table; as follows:                       the Secretary of Energy, shall establish a
                                             ural gas under section 3(a) of the Natural                At the appropriate place in subtitle D of
                                             Gas Act (15 U.S.C. 717b(a)) not later than 45                                                                  program to provide, and shall provide, finan-
                                                                                                     title I, insert the following:                         cial awards on a competitive basis for direct
                                             days after the later of—                                SEC. 14ll. UTILIZING SIGNIFICANT EMISSIONS
                                               (1) the conclusion of the review to site,                                                                    air capture from media in which the con-
                                                                                                                WITH INNOVATIVE TECHNOLOGIES.
                                             construct, expand, or operate the liquefied                                                                    centration of carbon dioxide is dilute.
                                                                                                       (a) SHORT TITLE.—This section may be
                                             natural gas export facilities required by the                                                                    ‘‘(II) DUTIES.—In carrying out this clause,
                                                                                                     cited as the ‘‘Utilizing Significant Emissions
                                             National Environmental Policy Act of 1969                                                                      the Administrator shall—
                                                                                                     with Innovative Technologies Act’’ or the
                                             (42 U.S.C. 4321 et seq.); and                           ‘‘USE IT Act’’.                                          ‘‘(aa) subject to subclause (III), develop
                                               (2) the date of enactment of this Act.                  (b) RESEARCH, INVESTIGATION, TRAINING,               specific requirements for—
                                               (b) CONCLUSION OF REVIEW.—For purposes                AND OTHER ACTIVITIES.—Section 103 of the                 ‘‘(AA) the competition process; and
                                             of subsection (a), review required by the Na-           Clean Air Act (42 U.S.C. 7403) is amended—               ‘‘(BB) the demonstration of performance of
                                             tional Environmental Policy Act of 1969 (42               (1) in subsection (c)(3), in the first sentence      approved projects;
                                             U.S.C. 4321 et seq.) shall be considered con-           of the matter preceding subparagraph (A), by             ‘‘(bb) offer financial awards for a project
                                             cluded when the lead agency—                            striking ‘‘percursors’’ and inserting ‘‘precur-        designed—
                                               (1) for a project requiring an Environ-               sors’’; and                                              ‘‘(AA) to the maximum extent practicable,
                                             mental Impact Statement, publishes a Final                (2) in subsection (g)—                               to capture more than 10,000 tons of carbon di-
                                             Environmental Impact Statement;                           (A) by redesignating paragraphs (1)                  oxide per year; and
                                               (2) for a project for which an Environ-               through (4) as subparagraphs (A) through                 ‘‘(BB) to operate in a manner that would
                                             mental Assessment has been prepared, pub-               (D), respectively, and indenting appro-                be commercially viable in the foreseeable fu-
                                             lishes a Finding of No Significant Impact; or           priately;                                              ture (as determined by the Board); and
                                               (3) determines that an application is eligi-            (B) in the undesignated matter following               ‘‘(cc) to the maximum extent practicable,




dlhill on DSKBBY8HB2PROD with SENATE
                                             ble for a categorical exclusion pursuant to             subparagraph (D) (as so redesignated)—                 make financial awards to geographically di-
                                             National Environmental Policy Act of 1969                 (i) in the second sentence, by striking ‘‘The        verse projects, including at least—
                                             (42 U.S.C. 4321 et seq.) implementing regula-           Administrator’’ and inserting the following:             ‘‘(AA) 1 project in a coastal State; and
                                             tions.                                                    ‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI-             ‘‘(BB) 1 project in a rural State.
                                               (c) JUDICIAL ACTION.—                                 CATION.—The Administrator’’; and                         ‘‘(III) PUBLIC PARTICIPATION.—In carrying
                                               (1) JURISDICTION.—The United States Court               (ii) in the first sentence, by striking              out subclause (II)(aa), the Administrator
                                             of Appeals for the District of Columbia Cir-            ‘‘Nothing’’ and inserting the following:               shall—




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00076   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.071   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1349
                                               ‘‘(aa) provide notice of and, for a period of         States, until the expiration of the first pat-         be available to carry out this subparagraph,
                                             not less than 60 days, an opportunity for pub-          ent obtained in connection with the intellec-          to remain available until expended.
                                             lic comment on, any draft or proposed                   tual property.                                           ‘‘(II) REQUIREMENT.—Research carried out
                                             version of the requirements described in sub-             ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.—              using amounts made available under sub-
                                             clause (II)(aa); and                                      ‘‘(I) IN GENERAL.—Of the amounts author-             clause (I) may not duplicate research funded
                                               ‘‘(bb) take into account public comments              ized to be appropriated for the Environ-               by the Department of Energy.
                                             received in developing the final version of             mental Protection Agency, $35,000,000 shall              ‘‘(D) DEEP SALINE FORMATION REPORT.—
                                             those requirements.                                     be available to carry out this subparagraph,             ‘‘(i) DEFINITION OF DEEP SALINE FORMA-
                                               ‘‘(iii) DIRECT AIR CAPTURE TECHNOLOGY AD-             to remain available until expended.                    TION.—
                                             VISORY BOARD.—                                            ‘‘(II) REQUIREMENT.—Research carried out               ‘‘(I) IN GENERAL.—In this subparagraph, the
                                               ‘‘(I) ESTABLISHMENT.—There is established             using amounts made available under sub-                term ‘deep saline formation’ means a forma-
                                             an advisory board to be known as the ‘Direct            clause (I) may not duplicate research funded           tion of subsurface geographically extensive
                                             Air Capture Technology Advisory Board’.                 by the Department of Energy.                           sedimentary rock layers saturated with
                                               ‘‘(II) COMPOSITION.—The Board shall be                  ‘‘(vi) TERMINATION OF AUTHORITY.—The                 waters or brines that have a high total dis-
                                             composed of 9 members appointed by the Ad-              Board and all authority provided under this            solved solids content and that are below the
                                             ministrator, who shall provide expertise in—            subparagraph shall terminate not later than            depth where carbon dioxide can exist in the
                                               ‘‘(aa) climate science;                               10 years after the date of enactment of the            formation as a supercritical fluid.
                                               ‘‘(bb) physics;                                       USE IT Act.                                              ‘‘(II) CLARIFICATION.—In this subparagraph,
                                               ‘‘(cc) chemistry;                                                                                            the term ‘deep saline formation’ does not in-
                                                                                                       ‘‘(C) CARBON DIOXIDE UTILIZATION RE-
                                               ‘‘(dd) biology;                                                                                              clude oil and gas reservoirs.
                                                                                                     SEARCH.—
                                               ‘‘(ee) engineering;                                                                                            ‘‘(ii) REPORT.—In consultation with the
                                                                                                       ‘‘(i) DEFINITION OF CARBON DIOXIDE UTILIZA-
                                               ‘‘(ff) economics;                                                                                            Secretary of Energy, and, as appropriate,
                                                                                                     TION.—In this subparagraph, the term ‘car-
                                               ‘‘(gg) business management; and                                                                              with the head of any other relevant Federal
                                                                                                     bon dioxide utilization’ refers to tech-
                                               ‘‘(hh) such other disciplines as the Admin-                                                                  agency and relevant stakeholders, not later
                                                                                                     nologies or approaches that lead to the use
                                             istrator determines to be necessary to                                                                         than 1 year after the date of enactment of
                                                                                                     of carbon dioxide—                                     the USE IT Act, the Administrator shall pre-
                                             achieve the purposes of this subparagraph.
                                               ‘‘(III) TERM; VACANCIES.—                               ‘‘(I) through the fixation of carbon dioxide         pare, submit to Congress, and make publicly
                                               ‘‘(aa) TERM.—A member of the Board shall              through photosynthesis or chemosynthesis,              available a report that includes—
                                             serve for a term of 6 years.                            such as through the growing of algae or bac-             ‘‘(I) a comprehensive identification of po-
                                               ‘‘(bb) VACANCIES.—A vacancy on the                    teria;                                                 tential risks and benefits to project devel-
                                             Board—                                                    ‘‘(II) through the chemical conversion of            opers associated with increased storage of
                                               ‘‘(AA) shall not affect the powers of the             carbon dioxide to a material or chemical               carbon dioxide captured from stationary
                                             Board; and                                              compound in which the carbon dioxide is se-            sources in deep saline formations, using ex-
                                               ‘‘(BB) shall be filled in the same manner as          curely stored; or                                      isting research;
                                             the original appointment was made.                        ‘‘(III) through the use of carbon dioxide for          ‘‘(II) recommendations, if any, for man-
                                               ‘‘(IV) INITIAL MEETING.—Not later than 30             any other purpose for which a commercial               aging the potential risks identified under
                                             days after the date on which all members of             market exists, as determined by the Admin-             subclause (I), including potential risks
                                             the Board have been appointed, the Board                istrator.                                              unique to public land; and
                                             shall hold the initial meeting of the Board.              ‘‘(ii) PROGRAM.—The Administrator, in                  ‘‘(III) recommendations, if any, for Federal
                                               ‘‘(V) MEETINGS.—The Board shall meet at               consultation with the Secretary of Energy,             legislation or other policy changes to miti-
                                             the call of the Chairperson or on the request           shall carry out a research and development             gate any potential risks identified under sub-
                                             of the Administrator.                                   program for carbon dioxide utilization to              clause (I).
                                               ‘‘(VI) QUORUM.—A majority of the members              promote existing and new technologies that               ‘‘(E) REPORT ON CARBON DIOXIDE NON-
                                             of the Board shall constitute a quorum, but             transform carbon dioxide generated by in-              REGULATORY        STRATEGIES      AND     TECH-
                                             a lesser number of members may hold hear-               dustrial processes into a product of commer-           NOLOGIES.—
                                             ings.                                                   cial value, or as an input to products of com-           ‘‘(i) IN GENERAL.—Not less frequently than
                                               ‘‘(VII) CHAIRPERSON AND VICE CHAIR-                   mercial value.                                         once every 2 years, the Administrator shall
                                             PERSON.—The Board shall select a Chair-                   ‘‘(iii) TECHNICAL AND FINANCIAL ASSIST-              submit to the Committee on Environment
                                             person and Vice Chairperson from among the              ANCE.—Not later than 2 years after the date            and Public Works of the Senate and the
                                             members of the Board.                                   of enactment of the USE IT Act, in carrying            Committee on Energy and Commerce of the
                                               ‘‘(VIII) COMPENSATION.—Each member of                 out this subsection, the Administrator, in             House of Representatives a report that de-
                                             the Board may be compensated at not to ex-              consultation with the Secretary of Energy,             scribes—
                                             ceed the daily equivalent of the annual rate            shall support research and infrastructure ac-            ‘‘(I) the recipients of assistance under sub-
                                             of basic pay in effect for a position at level          tivities relating to carbon dioxide utilization        paragraphs (B) and (C); and
                                             V of the Executive Schedule under section               by providing technical assistance and finan-             ‘‘(II) a plan for supporting additional non-
                                             5316 of title 5, United States Code, for each           cial assistance in accordance with clause              regulatory strategies and technologies that
                                             day during which the member is engaged in               (iv).                                                  could significantly prevent carbon dioxide
                                             the actual performance of the duties of the               ‘‘(iv) ELIGIBILITY.—To be eligible to receive        emissions or reduce carbon dioxide levels in
                                             Board.                                                  technical assistance and financial assistance          the air, in conjunction with other Federal
                                               ‘‘(IX) DUTIES.—The Board shall advise the             under clause (iii), a carbon dioxide utiliza-          agencies.
                                             Administrator on carrying out the duties of             tion project shall—                                      ‘‘(ii) INCLUSIONS.—The plan submitted
                                             the Administrator under this subparagraph.                ‘‘(I) have access to an emissions stream             under clause (i) shall include—
                                               ‘‘(X) FACA.—The Federal Advisory Com-                 generated by a stationary source within the              ‘‘(I) a methodology for evaluating and
                                             mittee Act (5 U.S.C. App.) shall apply to the           United States that is capable of supplying             ranking technologies based on the ability of
                                             Board.                                                  not less than 250 metric tons per day of car-          the technologies to cost effectively reduce
                                               ‘‘(iv) INTELLECTUAL PROPERTY.—                        bon dioxide for research;                              carbon dioxide emissions or carbon dioxide
                                               ‘‘(I) IN GENERAL.—As a condition of receiv-             ‘‘(II) have access to adequate space for a           levels in the air; and
                                             ing a financial award under this subpara-               laboratory and equipment for testing small-              ‘‘(II) a description of any nonair-related
                                             graph, an applicant shall agree to vest the             scale carbon dioxide utilization technologies,         environmental or energy considerations re-
                                             intellectual property of the applicant de-              with onsite access to larger test bays for             garding the technologies.
                                             rived from the technology in 1 or more enti-            scale-up; and                                            ‘‘(F) GAO REPORT.—The Comptroller Gen-
                                             ties that are incorporated in the United                  ‘‘(III) have existing partnerships with in-          eral of the United States shall submit to
                                             States.                                                 stitutions of higher education, private com-           Congress a report that—
                                               ‘‘(II) RESERVATION OF LICENSE.—The United             panies, States, or other government entities.            ‘‘(i) identifies all Federal grant programs
                                             States—                                                   ‘‘(v) COORDINATION.—In supporting carbon             in which a purpose of a grant under the pro-
                                               ‘‘(aa) may reserve a nonexclusive, non-               dioxide utilization projects under this para-          gram is to perform research on carbon cap-
                                             transferable, irrevocable, paid-up license, to          graph, the Administrator shall consult with            ture and utilization technologies, including
                                             have practiced for or on behalf of the United           the Secretary of Energy, and, as appropriate,          direct air capture technologies; and
                                             States, in connection with any intellectual             with the head of any other relevant Federal              ‘‘(ii) examines the extent to which the Fed-
                                             property described in subclause (I); but                agency, States, the private sector, and insti-         eral grant programs identified pursuant to
                                               ‘‘(bb) shall not, in the exercise of a license        tutions of higher education to develop meth-           clause (i) overlap or are duplicative.’’.




dlhill on DSKBBY8HB2PROD with SENATE
                                             reserved under item (aa), publicly disclose             ods and technologies to account for the car-             (c) REPORT.—Not later than 1 year after
                                             proprietary information relating to the li-             bon dioxide emissions avoided by the carbon            the date of enactment of this Act, the Ad-
                                             cense.                                                  dioxide utilization projects.                          ministrator of the Environmental Protection
                                               ‘‘(III) TRANSFER OF TITLE.—Title to any in-             ‘‘(vi) AUTHORIZATION OF APPROPRIATIONS.—             Agency (referred to in this section as the
                                             tellectual property described in subclause (I)            ‘‘(I) IN GENERAL.—Of the amounts author-             ‘‘Administrator’’) shall submit to Congress a
                                             shall not be transferred or passed, except to           ized to be appropriated for the Environ-               report describing how funds appropriated to
                                             an entity that is incorporated in the United            mental Protection Agency, $50,000,000 shall            the Administrator during the 5 most recent




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00077   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.070   S03MRPT1
                                             S1350                                             CONGRESSIONAL RECORD — SENATE                                                          March 3, 2020
                                             fiscal years have been used to carry out sec-           into a product of commercial value, or as an             (i) periodically evaluate the reports of the
                                             tion 103 of the Clean Air Act (42 U.S.C. 7403),         input to products of commercial value;                 task forces under paragraph (4)(E) and, as
                                             including a description of—                               (iii) inventories existing initiatives and re-       necessary, revise the guidance under sub-
                                                (1) the amount of funds used to carry out            cent publications that analyze or identify             paragraph (A); and
                                             specific provisions of that section; and                priority carbon dioxide pipelines needed to              (ii) each year, submit to the Committee on
                                                (2) the practices used by the Administrator          enable efficient, orderly, and responsible de-         Environment and Public Works of the Sen-
                                             to differentiate funding used to carry out              velopment of carbon capture, utilization, and          ate, the Committee on Energy and Com-
                                             that section, as compared to funding used to            sequestration projects at increased scale;             merce of the House of Representatives, and
                                             carry out other provisions of law.                        (iv) identifies gaps in the current Federal          relevant Federal agencies a report that de-
                                                (d) INCLUSION OF CARBON CAPTURE INFRA-               regulatory framework for the deployment of             scribes any recommendations for legislation,
                                             STRUCTURE PROJECTS.—Section 41001(6) of the             carbon capture, utilization, and sequestra-            rules, revisions to rules, or other policies
                                             FAST Act (42 U.S.C. 4370m(6)) is amended—               tion projects and carbon dioxide pipelines;            that would address the issues identified by
                                                (1) in subparagraph (A)—                             and
                                                                                                                                                            the task forces under paragraph (4)(E).
                                                (A) in the matter preceding clause (i), by             (v) identifies Federal financing mecha-
                                                                                                                                                              (4) TASK FORCE.—
                                             inserting ‘‘carbon capture,’’ after ‘‘manufac-          nisms available to project developers.
                                                                                                                                                              (A) ESTABLISHMENT.—Not later than 18
                                             turing,’’;                                                (B) SUBMISSION; PUBLICATION.—The Chair
                                                                                                     shall—                                                 months after the date of enactment of this
                                                (B) in clause (i)(III), by striking ‘‘or’’ at                                                               Act, the Chair shall establish not less than 2
                                             the end;                                                  (i) submit the report under subparagraph
                                                                                                     (A) to the Committee on Environment and                task forces, which shall each cover a dif-
                                                (C) by redesignating clause (ii) as clause                                                                  ferent geographical area with differing de-
                                             (iii); and                                              Public Works of the Senate and the Com-
                                                                                                     mittee on Energy and Commerce of the                   mographic, land use, or geological issues—
                                                (D) by inserting after clause (i) the fol-                                                                    (i) to identify permitting and other chal-
                                             lowing:                                                 House of Representatives; and
                                                                                                       (ii) as soon as practicable, make the report         lenges and successes that permitting au-
                                                ‘‘(ii) is covered by a programmatic plan or                                                                 thorities and project developers and opera-
                                             environmental review developed for the pri-             publicly available.
                                                                                                       (3) GUIDANCE.—                                       tors face; and
                                             mary purpose of facilitating development of                                                                      (ii) to improve the performance of the per-
                                                                                                       (A) IN GENERAL.—After submission of the
                                             carbon dioxide pipelines; or’’; and                                                                            mitting process and regional coordination
                                                                                                     report under paragraph (2)(B), but not later
                                                (2) by adding at the end the following:                                                                     for the purpose of promoting the efficient,
                                                                                                     than 1 year after the date of enactment of
                                                ‘‘(C) INCLUSION.—For purposes of subpara-                                                                   orderly, and responsible development of car-
                                                                                                     this Act, the Chair shall submit guidance
                                             graph (A), construction of infrastructure for                                                                  bon capture, utilization, and sequestration
                                                                                                     consistent with that report to all relevant
                                             carbon capture includes construction of—                                                                       projects and carbon dioxide pipelines.
                                                                                                     Federal agencies that—
                                                ‘‘(i) any facility, technology, or system                                                                     (B) MEMBERS AND SELECTION.—
                                                                                                       (i) facilitates reviews associated with the
                                             that captures, utilizes, or sequesters carbon
                                                                                                     deployment of carbon capture, utilization,               (i) IN GENERAL.—The Chair shall—
                                             dioxide emissions, including projects for di-
                                                                                                     and sequestration projects and carbon diox-              (I) develop criteria for the selection of
                                             rect air capture (as defined in paragraph
                                                                                                     ide pipelines; and                                     members to each task force; and
                                             (6)(B)(i) of section 103(g) of the Clean Air Act          (ii) supports the efficient, orderly, and re-          (II) select members for each task force in
                                             (42 U.S.C. 7403(g)); and                                sponsible development of carbon capture,               accordance with subclause (I) and clause (ii).
                                                ‘‘(ii) carbon dioxide pipelines.’’.                  utilization, and sequestration projects and              (ii) MEMBERS.—Each task force—
                                                (e) DEVELOPMENT OF CARBON CAPTURE, UTI-              carbon dioxide pipelines.                                (I) shall include not less than 1 representa-
                                             LIZATION, AND SEQUESTRATION REPORT, PER-                  (B) REQUIREMENTS.—                                   tive of each of—
                                             MITTING GUIDANCE, AND REGIONAL PERMIT-                    (i) IN GENERAL.—The guidance under sub-                (aa) the Environmental Protection Agency;
                                             TING TASK FORCE.—                                       paragraph (A) shall address requirements                 (bb) the Department of Energy;
                                                (1) DEFINITIONS.—In this subsection:                 under—                                                   (cc) the Department of the Interior;
                                                (A) CARBON CAPTURE, UTILIZATION, AND SE-               (I) the National Environmental Policy Act              (dd) any other Federal agency the Chair
                                             QUESTRATION PROJECTS.—The term ‘‘carbon                 of 1969 (42 U.S.C. 4321 et seq.);                      determines to be appropriate;
                                             capture,       utilization,  and   sequestration          (II) the Federal Water Pollution Control               (ee) any State that requests participation
                                             projects’’ includes projects for direct air cap-        Act (33 U.S.C. 1251 et seq.);                          in the geographical area covered by the task
                                             ture (as defined in paragraph (6)(B)(i) of sec-           (III) the Clean Air Act (42 U.S.C. 7401 et           force;
                                             tion 103(g) of the Clean Air Act (42 U.S.C.             seq.);                                                   (ff) developers or operators of carbon cap-
                                             7403(g))).                                                (IV) the Safe Drinking Water Act (42 U.S.C.          ture, utilization, and sequestration projects
                                                (B) EFFICIENT, ORDERLY, AND RESPON-                  300f et seq.);                                         or carbon dioxide pipelines; and
                                             SIBLE.—The term ‘‘efficient, orderly, and re-             (V) the Endangered Species Act of 1973 (16
                                                                                                                                                              (gg) nongovernmental membership organi-
                                             sponsible’’ means, with respect to develop-             U.S.C. 1531 et seq.);
                                             ment or the permitting process for carbon                                                                      zations, the primary mission of which con-
                                                                                                       (VI) division A of subtitle III of title 54,
                                             capture,       utilization,  and   sequestration                                                               cerns protection of the environment; and
                                                                                                     United States Code (formerly known as the
                                             projects and carbon dioxide pipelines, a proc-                                                                   (II) at the request of a Tribal or local gov-
                                                                                                     ‘‘National Historic Preservation Act’’);
                                             ess that is completed in an expeditious man-                                                                   ernment, may include a representative of—
                                                                                                       (VII) the Migratory Bird Treaty Act (16
                                             ner      while     maintaining   environmental,         U.S.C. 703 et seq.);                                     (aa) not less than 1 local government in
                                             health, and safety protections.                           (VIII) the Act of June 8, 1940 (16 U.S.C. 668        the geographical area covered by the task
                                                (2) REPORT.—                                         et seq.) (commonly known as the ‘‘Bald and             force; and
                                                (A) IN GENERAL.—Not later than 180 days              Golden Eagle Protection Act’’); and                      (bb) not less than 1 Tribal government in
                                             after the date of enactment of this Act, the              (IX) any other Federal law that the Chair            the geographical area covered by the task
                                             Chair of the Council on Environmental Qual-             determines to be appropriate.                          force.
                                             ity (referred to in this section as the                   (ii) ENVIRONMENTAL REVIEWS.—The guid-                  (C) MEETINGS.—
                                             ‘‘Chair’’), in consultation with the Adminis-           ance under subparagraph (A) shall include di-            (i) IN GENERAL.—Each task force shall meet
                                             trator of the Environmental Protection                  rection to States and other interested par-            not less than twice each year.
                                             Agency, the Secretary of Energy, the Sec-               ties for the development of programmatic                 (ii) JOINT MEETING.—To the maximum ex-
                                             retary of the Interior, the Executive Direc-            environmental reviews under the National               tent practicable, the task forces shall meet
                                             tor of the Federal Permitting Improvement               Environmental Policy Act of 1969 (42 U.S.C.            collectively not less than once each year.
                                             Council, and the head of any other relevant             4321 et seq.) for carbon capture, utilization,           (D) DUTIES.—Each task force shall—
                                             Federal agency (as determined by the Presi-             and sequestration projects and carbon diox-              (i) inventory existing or potential Federal
                                             dent), shall prepare a report that—                     ide pipelines.                                         and State approaches to facilitate reviews
                                                (i) compiles all existing relevant Federal             (iii) PUBLIC INVOLVEMENT.—The guidance               associated with the deployment of carbon
                                             permitting and review information and re-               under subparagraph (A) shall be subject to             capture,     utilization,  and   sequestration
                                             sources for project applicants, agencies, and           the public notice, comment, and solicitation           projects and carbon dioxide pipelines, includ-
                                             other stakeholders interested in the deploy-            of information procedures under section                ing best practices that—
                                             ment of carbon capture, utilization, and se-            1506.6 of title 40, Code of Federal Regulations          (I) avoid duplicative reviews;
                                             questration projects and carbon dioxide pipe-           (or a successor regulation).                             (II) engage stakeholders early in the per-
                                             lines, including—                                         (C) SUBMISSION; PUBLICATION.—The Chair               mitting process; and
                                                (I) the appropriate points of interaction            shall—                                                   (III) make the permitting process efficient,
                                             with Federal agencies;                                    (i) submit the guidance under subpara-               orderly, and responsible;




dlhill on DSKBBY8HB2PROD with SENATE
                                                (II) clarification of the permitting respon-         graph (A) to the Committee on Environment                (ii) develop common models for State-level
                                             sibilities and authorities among Federal                and Public Works of the Senate and the                 carbon dioxide pipeline regulation and over-
                                             agencies; and                                           Committee on Energy and Commerce of the                sight guidelines that can be shared with
                                                (III) best practices and templates for per-          House of Representatives; and                          States in the geographical area covered by
                                             mitting;                                                  (ii) as soon as practicable, make the guid-          the task force;
                                                (ii) inventories current or emerging activi-         ance publicly available.                                 (iii) provide technical assistance to States
                                             ties that transform captured carbon dioxide               (D) EVALUATION.—The Chair shall—                     in the geographical area covered by the task




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00078   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.070   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                   S1351
                                             force in implementing regulatory require-               CHAPTER 2—WORKER TRAINING AND CAPACITY                 Sec. 1507. Advanced nuclear reactor research
                                             ments and any models developed under                                       BUILDING                                          and development goals.
                                             clause (ii);                                            Sec. 1011. Building training and assessment            Sec. 1508. Nuclear energy strategic plan.
                                               (iv) inventory current or emerging activi-                         centers.                                  Sec. 1509. Advanced nuclear fuel security
                                             ties that transform captured carbon dioxide             Sec. 1012. Career skills training.                                   program.
                                             into a product of commercial value, or as an                                                                   Sec. 1510. International nuclear energy co-
                                                                                                        SUBPART B—INDUSTRIAL EFFICIENCY AND
                                             input to products of commercial value;                                                                                       operation.
                                                                                                                      COMPETITIVENESS
                                               (v) identify any priority carbon dioxide                                                                     Sec. 1511. Integrated      Energy     Systems
                                             pipelines needed to enable efficient, orderly,          Sec. 1021. Purposes.                                                 Program.
                                                                                                     Sec. 1022. Future of Industry program and
                                             and responsible development of carbon cap-                                                                          Subtitle F—Industrial Technologies
                                                                                                                  industrial research and assess-
                                             ture, utilization, and sequestration projects                                                                               PART I—INNOVATION
                                                                                                                  ment centers.
                                             at increased scale;
                                                                                                     Sec. 1023. CHP Technical Assistance Part-              Sec. 1601. Purpose.
                                               (vi) identify gaps in the current Federal
                                                                                                                  nership Program.                          Sec. 1602. Coordination of research and de-
                                             and State regulatory framework and in ex-
                                                                                                     Sec. 1024. Sustainable manufacturing initia-                         velopment of energy efficient
                                             isting data for the deployment of carbon cap-
                                                                                                                  tive.                                                   technologies for industry.
                                             ture, utilization, and sequestration projects
                                                                                                     Sec. 1025. Conforming amendments.                      Sec. 1603. Industrial emissions reduction
                                             and carbon dioxide pipelines;
                                                                                                         SUBPART C—FEDERAL AGENCY ENERGY                                  technology development pro-
                                               (vii) identify Federal and State financing
                                                                                                                         EFFICIENCY                                       gram.
                                             mechanisms available to project developers;
                                                                                                     Sec. 1031. Energy and water performance re-            Sec. 1604. Industrial Technology Innovation
                                             and
                                                                                                                  quirements for Federal build-                           Advisory Committee.
                                               (viii) develop recommendations for rel-
                                                                                                                  ings.                                     Sec. 1605. Technical assistance program to
                                             evant Federal agencies on how to develop
                                                                                                     Sec. 1032. Federal Energy Management Pro-                            implement industrial emissions
                                             and research technologies that—
                                                                                                                  gram.                                                   reduction.
                                               (I) can capture carbon dioxide; and
                                               (II) would be able to be deployed within the          Sec. 1033. Use of energy and water efficiency                PART II—SMART MANUFACTURING
                                             region covered by the task force, including                          measures in Federal buildings.            Sec. 1611. Definitions.
                                             any projects that have received technical or            Sec. 1034. Federal building energy efficiency          Sec. 1612. Development of national smart
                                             financial assistance for research under para-                        performance standards; certifi-                         manufacturing plan.
                                             graph (6) of section 103(g) of the Clean Air                         cation system and level for               Sec. 1613. Leveraging existing agency pro-
                                             Act (42 U.S.C. 7403(g)).                                             green buildings.                                        grams to assist small and me-
                                               (E) REPORT.—Each year, each task force                Sec. 1035. Energy-efficient and energy-sav-                          dium manufacturers.
                                             shall prepare and submit to the Chair and to                         ing information technologies.             Sec. 1614. Leveraging smart manufacturing
                                             the other task forces a report that includes—           Sec. 1036. High-performance green Federal                            infrastructure at National Lab-
                                               (i) any recommendations for improvements                           buildings.                                              oratories.
                                             in efficient, orderly, and responsible issuance         Sec. 1037. Energy efficient data centers.              Sec. 1615. State manufacturing leadership.
                                             or administration of Federal permits and                  SUBPART D—REBATES AND CERTIFICATIONS                 Sec. 1616. Report.
                                             other Federal authorizations required under             Sec. 1041. Third-Party Certification Under                          Subtitle G—Vehicles
                                             a law described in paragraph (3)(B)(i); and                          Energy Star Program.                      Sec. 1701. Objectives.
                                               (ii) any other nationally relevant informa-           Sec. 1042. Extended Product System Rebate              Sec. 1702. Coordination and nonduplication.
                                             tion that the task force has collected in car-                       Program.                                  Sec. 1703. Authorization of appropriations.
                                             rying out the duties under subparagraph (D).            Sec. 1043. Energy Efficient Transformer Re-            Sec. 1704. Reporting.
                                               (F) EVALUATION.—Not later than 5 years                             bate Program.                             Sec. 1705. Vehicle research and development.
                                             after the date of enactment of this Act, the                     SUBPART E—MISCELLANEOUS                       Sec. 1706. Medium- and heavy-duty commer-
                                             Chair shall—                                            Sec. 1051. Advance appropriations required.                          cial and transit vehicles pro-
                                               (i) reevaluate the need for the task forces;                                                                               gram.
                                             and                                                               PART II—WEATHERIZATION
                                                                                                                                                            Sec. 1707. Class 8 truck and trailer systems
                                               (ii) submit to Congress a recommendation              Sec. 1101. Weatherization Assistance Pro-                            demonstration.
                                             as to whether the task forces should con-                            gram.                                     Sec. 1708. Technology testing and metrics.
                                             tinue.                                                         Subtitle B—Renewable Energy                     Sec. 1709. Nonroad systems pilot program.
                                                                                                     Sec. 1201. Hydroelectric production incen-             Sec. 1710. Repeal of existing authorities.
                                               SA 1407. Ms. MURKOWSKI submitted                                   tives and efficiency improve-                  Subtitle H—Department of Energy
                                             an amendment intended to be proposed                                 ments.                                    Sec. 1801. Veterans’ health initiative.
                                             by her to the bill S. 2657, to support in-              Sec. 1202. Marine energy research and devel-           Sec. 1802. Small scale LNG access.
                                             novation in advanced geothermal re-                                  opment.                                   Sec. 1803. Appalachian energy for national
                                             search and development, and for other                   Sec. 1203. Advanced geothermal innovation                            security.
                                                                                                                  leadership.                               Sec. 1804. Energy and water for sustain-
                                             purposes; which was ordered to lie on                   Sec. 1204. Wind energy research and develop-
                                             the table; as follows:                                                                                                       ability.
                                                                                                                  ment.                                     Sec. 1805. Technology transitions.
                                               Strike all after the enacting clause and in-          Sec. 1205. Solar energy research and devel-            Sec. 1806. Energy      Technology    Commer-
                                             sert the following:                                                  opment.                                                 cialization Fund cost-sharing.
                                             SECTION 1. SHORT TITLE; TABLE OF CONTENTS.                       Subtitle C—Energy Storage                     Sec. 1807. State loan eligibility.
                                               (a) SHORT TITLE.—This Act may be cited as             Sec. 1301. Better energy storage technology.           Sec. 1808. ARPA–E reauthorization.
                                             the ‘‘American Energy Innovation Act of                 Sec. 1302. Bureau of Reclamation pumped                Sec. 1809. Adjusting strategic petroleum re-
                                             2020’’.                                                              storage hydropower develop-                             serve mandated drawdowns.
                                               (b) TABLE OF CONTENTS.—The table of con-                           ment.                                        TITLE II—SUPPLY CHAIN SECURITY
                                             tents for this Act is as follows:                       Subtitle D—Carbon Capture, Utilization, and                    Subtitle A—Mineral Security
                                             Sec. 1. Short title; table of contents.                                    Storage                             Sec. 2101. Mineral security.
                                             Sec. 2. Definitions.                                    Sec. 1401. Fossil energy.                              Sec. 2102. Rare earth element advanced coal
                                                        TITLE I—INNOVATION                           Sec. 1402. Establishment of coal and natural                         technologies.
                                                         Subtitle A—Efficiency                                    gas technology program.                   Subtitle B—Cybersecurity and Grid Security
                                                                                                     Sec. 1403. Carbon storage validation and                             and Modernization
                                               PART I—ENERGY SAVINGS AND INDUSTRIAL
                                                                                                                  testing.
                                                            COMPETITIVENESS                                                                                 PART I—CYBERSECURITY AND GRID SECURITY
                                                                                                     Sec. 1404. Carbon utilization program.
                                                         SUBPART A—BUILDINGS                         Sec. 1405. Carbon removal.                             Sec. 2201. Incentives for advanced cybersecu-
                                                     CHAPTER 1—BUILDING EFFICIENCY                                Subtitle E—Nuclear                                      rity technology investment.
                                             Sec. 1001. Commercial building energy con-                                                                     Sec. 2202. Rural and municipal utility ad-
                                                                                                     Sec. 1501. Light water reactor sustainability
                                                           sumption information sharing.                                                                                  vanced cybersecurity grant and
                                                                                                                  program.
                                             Sec. 1002. Energy efficiency materials pilot                                                                                 technical assistance program.
                                                                                                     Sec. 1502. Nuclear energy research, develop-
                                                           program.                                                                                         Sec. 2203. State energy security plans.
                                                                                                                  ment, and demonstration.




dlhill on DSKBBY8HB2PROD with SENATE
                                                                                                                                                            Sec. 2204. Enhancing grid security through
                                             Sec. 1003. Coordination of energy retro-                Sec. 1503. Advanced fuels development.
                                                                                                                                                                          public-private partnerships.
                                                           fitting assistance for schools.           Sec. 1504. Nuclear science and engineering
                                                                                                                                                            Sec. 2205. Enhanced grid security.
                                             Sec. 1004. Grants for energy efficiency im-                          support.
                                                           provements and renewable en-              Sec. 1505. University Nuclear Leadership                      PART II—GRID MODERNIZATION
                                                           ergy improvements at public                            Program.                                  Sec. 2210. Grid storage program.
                                                           school facilities.                        Sec. 1506. Versatile, reactor-based fast neu-          Sec. 2211. Technology demonstration on the
                                             Sec. 1005. Smart Building Acceleration.                              tron source.                                            distribution system.




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00079   Fmt 4624   Sfmt 0655   E:\CR\FM\A03MR6.070   S03MRPT1
                                             S1352                                             CONGRESSIONAL RECORD — SENATE                                                           March 3, 2020
                                             Sec. 2212. Micro-grid and hybrid micro-grid             Sec. 3028. Repeal of study on alternative fuel         ager database of the Environmental Protec-
                                                           systems program.                                        use in nonroad vehicles and en-          tion Agency, and State and local building en-
                                             Sec. 2213. Electric grid architecture, sce-                           gines.                                   ergy disclosure laws (including regulations),
                                                           nario development, and mod-               Sec. 3029. Repeal of low interest loan pro-            respectively, and the manner in which those
                                                           eling.                                                  gram for small business fleet            methodologies can be improved; and
                                             Sec. 2214. Voluntary model pathways.                                  purchases.                                 (B) consistencies and variations in data for
                                             Sec. 2215. Performance metrics for elec-                Sec. 3030. Repeal of technical and policy              buildings that were captured in the 2012
                                                           tricity infrastructure providers.                       analysis for replacement fuel            CBECS cycle and in the Portfolio Manager
                                             Sec. 2216. Voluntary State, regional, and                             demand and supply informa-               database of the Environmental Protection
                                                           local electricity distribution                          tion.                                    Agency.
                                                           planning.                                 Sec. 3031. Repeal of 1992 Report on Climate              (c) DATA.—The data referred in subsection
                                             Sec. 2217. Authorization of appropriations.                           Change.                                  (b)(2) includes data that—
                                                 Subtitle C—Workforce Development                    Sec. 3032. Repeal of Director of Climate Pro-            (1) is collected through the Portfolio Man-
                                             Sec. 2301. Definitions.                                               tector establishment.                    ager database of the Environmental Protec-
                                             Sec. 2302. Addressing insufficient compensa-            Sec. 3033. Repeal of 1994 report on global cli-        tion Agency;
                                                           tion of employees and other                             mate change emissions.                     (2) is required to be publicly available on
                                                           personnel of the Federal Energy           Sec. 3034. Repeal of telecommuting study.              the internet under State and local govern-
                                                           Regulatory Commission.                    Sec. 3035. Repeal of advanced buildings for            ment building energy disclosure laws (in-
                                             Sec. 2303. Report on the authority of the                             2005 program.                            cluding regulations); and
                                                           Secretary to implement flexible           Sec. 3036. Repeal of Energy Research, Devel-             (3) includes information on private sector
                                                           compensation models.                                    opment, Demonstration, and               buildings that are not less than 250,000
                                             Sec. 2304. 21st Century Energy Workforce                              Commercial Application Advi-             square feet.
                                                           Advisory Board.                                         sory Board.                                (d) PROTECTION OF INFORMATION.—In car-
                                             Sec. 2305. National Laboratory jobs access              Sec. 3037. Repeal of study on use of energy            rying out the agreement, the Administrator
                                                           pilot program.                                          futures for fuel purchase.               and the Administrator of the Environmental
                                             Sec. 2306. Clean energy workforce pilot pro-            Sec. 3038. Repeal of energy subsidy study.             Protection Agency shall protect information
                                                           gram.                                     Sec. 3039. Elimination and consolidation of            in accordance with—
                                                  TITLE III—CODE MAINTENANCE                                       certain America COMPETES                   (1) section 552(b)(4) of title 5, United States
                                                                                                                   programs.                                Code (commonly known as the ‘Freedom of
                                             Sec. 3001. Repeal of off-highway motor vehi-            Sec. 3040. Repeal of prior limitation on com-
                                                           cles study.                                                                                      Information Act’);
                                                                                                                   pensation of the Secretary of              (2) subchapter III of chapter 35 of title 44,
                                             Sec. 3002. Repeal of methanol study.
                                                                                                                   the Interior.                            United States Code; and
                                             Sec. 3003. Repeal of state utility regulatory
                                                                                                     SEC. 2. DEFINITIONS.                                     (3) any other applicable law (including reg-
                                                           assistance.
                                             Sec. 3004. Repeal of authorization of appro-              In this Act:                                         ulations).
                                                           priations provision.                        (1) DEPARTMENT.—The term ‘‘Department’’              SEC.   1002.   ENERGY EFFICIENCY     MATERIALS
                                             Sec. 3005. Repeal of residential energy effi-           means the Department of Energy.                                       PILOT PROGRAM.
                                                           ciency standards study.                     (2) NATIONAL LABORATORY.—The term ‘‘Na-                (a) DEFINITIONS.—In this section:
                                             Sec. 3006. Repeal of weatherization study.              tional Laboratory’’ has the meaning given                (1) APPLICANT.—The term ‘‘applicant’’
                                             Sec. 3007. Repeal of report to Congress.                the term in section 2 of the Energy Policy             means a nonprofit organization that applies
                                             Sec. 3008. Repeal of survey of energy saving            Act of 2005 (42 U.S.C. 15801).                         for a grant under this section.
                                                           potential.                                  (3) SECRETARY.—Unless otherwise specified,             (2) ENERGY-EFFICIENCY MATERIAL.—
                                             Sec. 3009. Repeal of report by General Serv-            the term ‘‘Secretary’’ means the Secretary               (A) IN GENERAL.—The term ‘‘energy-effi-
                                                           ices Administration.                      of Energy.                                             ciency material’’ means a material (includ-
                                             Sec. 3010. Repeal of intergovernmental en-                          TITLE I—INNOVATION                         ing a product, equipment, or system) the in-
                                                           ergy management planning and                                                                     stallation of which results in a reduction in
                                                                                                                  Subtitle A—Efficiency
                                                           coordination workshops.                                                                          use by a nonprofit organization of energy or
                                             Sec. 3011. Repeal of Inspector General audit                   PART I—ENERGY SAVINGS AND
                                                                                                           INDUSTRIAL COMPETITIVENESS                       fuel.
                                                           survey and President’s Council                                                                     (B) INCLUSIONS.—The term ‘‘energy-effi-
                                                           on Integrity and Efficiency re-                        Subpart A—Buildings                       ciency material’’ includes—
                                                           port to Congress.                             CHAPTER 1—BUILDING EFFICIENCY                        (i) a roof or lighting system or component
                                             Sec. 3012. Repeal of procurement and identi-                                                                   of the system;
                                                                                                     SEC. 1001. COMMERCIAL BUILDING ENERGY CON-
                                                           fication of energy efficient                          SUMPTION INFORMATION SHARING.                (ii) a window;
                                                           products program.                                                                                  (iii) a door, including a security door;
                                                                                                       (a) IN GENERAL.—Not later than 120 days
                                             Sec. 3013. Repeal of photovoltaic energy pro-
                                                                                                     after the date of enactment of this Act, the             (iv) a heating, ventilation, or air condi-
                                                           gram.
                                                                                                     Administrator of the Energy Information                tioning system or component of the system
                                             Sec. 3014. Repeal of national action plan for
                                                                                                     Administration (referred to in this section as         (including insulation and wiring and plumb-
                                                           demand response.
                                                                                                     the ‘‘Administrator’’) and the Administrator           ing improvements needed to serve a more ef-
                                             Sec. 3015. Repeal of energy auditor training
                                                                                                     of the Environmental Protection Agency                 ficient system); and
                                                           and certification.
                                                                                                     shall sign, and submit to Congress, an infor-            (v) a renewable energy generation or heat-
                                             Sec. 3016. Repeal of national coal policy
                                                                                                     mation sharing agreement (referred to in               ing system, including a solar, photovoltaic,
                                                           study.
                                             Sec. 3017. Repeal of study on compliance                this section as the ‘‘agreement’’) relating to         wind, geothermal, or biomass (including
                                                           problem of small electric util-           commercial building energy consumption                 wood pellet) system or component of the sys-
                                                           ity systems.                              data.                                                  tem.
                                             Sec. 3018. Repeal of study of socioeconomic               (b) CONTENT OF AGREEMENT.—The agree-                   (3) NONPROFIT BUILDING.—
                                                           impacts of increased coal pro-            ment shall—                                              (A) IN GENERAL.—The term ‘‘nonprofit
                                                           duction and other energy devel-             (1) provide that the Administrator shall             building’’ means a building operated and
                                                           opment.                                   have access to building-specific data in the           owned by an organization that is described
                                             Sec. 3019. Repeal of study of the use of pe-            Portfolio Manager database of the Environ-             in section 501(c)(3) of the Internal Revenue
                                                           troleum and natural gas in                mental Protection Agency;                              Code of 1986 and exempt from tax under sec-
                                                           combustors.                                 (2) describe the manner in which the Ad-             tion 501(a) of such Code.
                                             Sec. 3020. Repeal of authorization of appro-            ministrator shall incorporate appropriate                (B) INCLUSIONS.—The term ‘‘nonprofit
                                                           priations.                                data (including the data described in sub-             building’’ includes a building described in
                                             Sec. 3021. Repeal of submission of reports.             section (c)) into any Commercial Buildings             subparagraph (A) that is—
                                             Sec. 3022. Repeal of electric utility con-              Energy Consumption Survey (referred to in                (i) a hospital;
                                                           servation plan.                           this section as ‘‘CBECS’’) published after the           (ii) a youth center;
                                             Sec. 3023. Emergency Energy Conservation                date of enactment of this Act for the purpose            (iii) a school;
                                                           repeals.                                  of analyzing and estimating building popu-               (iv) a social-welfare program facility;
                                             Sec. 3024. Energy Security Act repeals.                 lation, size, location, activity, energy usage,          (v) a faith-based organization; or
                                             Sec. 3025. Nuclear Safety Research, Develop-            and any other relevant building char-                    (vi) any other nonresidential and non-
                                                           ment, and Demonstration Act               acteristic; and                                        commercial structure.




dlhill on DSKBBY8HB2PROD with SENATE
                                                           of 1980 repeals.                            (3) describe and compare—                              (b) ESTABLISHMENT.—Not later than 1 year
                                             Sec. 3026. Repeal of Renewable Energy and                 (A) the methodologies that the Energy In-            after the date of enactment of this Act, the
                                                           Energy Efficiency Technology              formation Administration, the Environ-                 Secretary shall establish a pilot program to
                                                           Competitiveness Act of 1989.              mental Protection Agency, and State and                award grants for the purpose of providing
                                             Sec. 3027. Repeal of hydrogen research, de-             local government managers use to maximize              nonprofit buildings with energy-efficiency
                                                           velopment, and demonstration              the quality, reliability, and integrity of data        materials.
                                                           program.                                  collected through CBECS, the Portfolio Man-              (c) GRANTS.—




                                       VerDate Sep 11 2014   04:17 Mar 04, 2020   Jkt 099060   PO 00000   Frm 00080   Fmt 4624   Sfmt 0634   E:\CR\FM\A03MR6.056   S03MRPT1
                                             March 3, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1353
                                               (1) IN GENERAL.—The Secretary may award               and facilitation that are currently used or            provements to building envelope, air condi-
                                             grants under the program established under              may be used to help initiate, develop, and fi-         tioning, ventilation, heating system, domes-
                                             subsection (b).                                         nance energy efficiency, renewable energy,             tic hot water heating, compressed air sys-
                                               (2) APPLICATION.—The Secretary may                    and energy retrofitting projects for schools;          tems, distribution systems, lighting, power
                                             award a grant under paragraph (1) if an ap-               (2) establish a Federal cross-departmental           systems, and controls;
                                             plicant submits to the Secretary an applica-            collaborative coordination, education, and                (B) any improvement, repair, renovation,
                                             tion at such time, in such form, and con-               outreach effort to streamline communica-               or installation that—
                                             taining such information as the Secretary               tion and promote available Federal opportu-               (i) leads to an improvement in teacher and
                                             may prescribe.                                          nities and assistance described in paragraph           student health, including indoor air quality,
                                               (3) CRITERIA FOR GRANT.—In determining                (1), for energy efficiency, renewable energy,          daylighting, ventilation, electrical lighting,
                                             whether to award a grant under paragraph                and energy retrofitting projects that enables          green roofs, outdoor gardens, and acoustics;
                                             (1), the Secretary shall apply performance-             States, local educational agencies, and                and
                                             based criteria, which shall give priority to            schools—                                                  (ii) results in a reduction in school energy
                                             applicants based on—                                      (A) to use existing Federal opportunities            costs as described in subparagraph (A);
                                               (A) the energy savings achieved;                      more effectively; and                                     (C) the installation of renewable energy
                                               (B) the cost-effectiveness of the use of en-            (B) to form partnerships with Governors,             technologies       (such   as    wind    power,
                                             ergy-efficiency materials;                              State energy programs, local educational, fi-          photovoltaics, solar thermal systems, geo-
                                               (C) an effective plan for evaluation, meas-           nancial, and energy officials, State and local         thermal energy, hydrogen-fueled systems,
                                             urement, and verification of energy savings;            government officials, nonprofit organiza-              biomass-based systems, biofuels, anaerobic
                                             and                                                     tions, and other appropriate entities, to sup-         digesters, and hydropower) that provide
                                               (D) the financial need of the applicant.              port the initiation of the projects;                   power to a school;
                                               (4) LIMITATION ON INDIVIDUAL GRANT                      (3) provide technical assistance for States,            (D) the installation of zero-emissions vehi-
                                             AMOUNT.—Each grant awarded under this sec-              local educational agencies, and schools to             cle infrastructure on school grounds for ex-
                                             tion shall not exceed $200,000.                         help develop and finance energy efficiency,            clusive use of school buses, school fleets, or
                                               (d) REPORT.—Not later than January 1,                 renewable energy, and energy retrofitting              students, or for the general public; and
                                             2023, the Secretary shall submit to Congress            projects—                                                 (E) the purchase or lease of zero-emissions
                                             a report on the pilot program established                 (A) to increase the energy efficiency of             vehicles, including school buses, fleet vehi-
                                             under subsection (b) that describes—                    buildings or facilities;                               cles, and other operational vehicles.
                                               (1) the net reduction in energy use and en-             (B) to install systems that individually                (3) LOCAL EDUCATIONAL AGENCY.—The term
                                             ergy costs under the pilot program; and                 generate energy from renewable energy re-              ‘‘local educational agency’’ has the meaning
                                               (2) for each recipient of a grant under the           sources;                                               given the term in section 8101 of the Elemen-
                                             pilot program—                                            (C) to establish partnerships to leverage            tary and Secondary Education Act of 1965 (20
                                               (A) the geographic location of the recipi-            economies of scale and additional financing            U.S.C. 7801).
                                             ent; and                                                mechanisms available to larger clean energy               (4) PARTNERING LOCAL EDUCATIONAL AGEN-
                                               (B) the size of the organization of the re-           initiatives; or                                        CY.—The term ‘‘partnering local educational
                                             cipient.                                                  (D) to promote—                                      agency’’, when used with respect to an eligi-
                                               (e) AUTHORIZATION OF APPROPRIATIONS.—                   (i) the maintenance of health, environ-              ble entity, means the local educational agen-
                                             There is authorized to be appropriated to               mental quality, and safety in schools, includ-         cy participating in the eligible entity.
                                             carry out this section $10,000,000 for each of          ing the ambient air quality, through energy               (5) ZERO-EMISSIONS VEHICLE INFRASTRUC-
                                             fiscal years 2021 through 2025, to remain               efficiency, renewable energy, and energy ret-          TURE.—The term ‘‘zero-emissions vehicle in-
                                             available until expended.                               rofit projects; and                                    frastructure’’ means infrastructure used to
                                             SEC. 1003. COORDINATION OF ENERGY RETRO-                  (ii) the achievement of expected energy              charge or fuel—
                                                         FITTING ASSISTANCE FOR SCHOOLS.             savings and renewable energy production                   (A) a zero-emission vehicle (as defined in
                                               (a) DEFINITION OF SCHOOL.—In this section,            through proper operations and maintenance              section 88.102–94 of title 40, Code of Federal
                                             the term ‘‘school’’ means—                              practices;                                             Regulations (or successor regulation)); or
                                               (1) an elementary school or secondary                   (4) develop and maintain a single online re-            (B) a vehicle that does not produce exhaust
                                             school (as defined in section 8101 of the Ele-          source website with contact information for            emissions of any criteria pollutant (or pre-
                                             mentary and Secondary Education Act of                  relevant technical assistance and support              cursor pollutant) or greenhouse gas under
                                             1965 (20 U.S.C. 7801));                                 staff in the Office of Energy Efficiency and           any possible operational modes or condi-
                                               (2) an institution of higher education (as            Renewable Energy for States, local edu-                tions.
                                             defined in section 102(a) of the Higher Edu-            cational agencies, and schools to effectively
                                             cation Act of 1965 (20 U.S.C. 1002(a)));                access and use Federal opportunities and as-             (b) AUTHORITY.—From amounts made
                                               (3) a school of the defense dependents’ edu-          sistance described in paragraph (1) to de-             available for grants under this section, the
                                             cation system under the Defense Dependents’             velop energy efficiency, renewable energy,             Secretary shall award competitive grants to
                                             Education Act of 1978 (20 U.S.C. 921 et seq.)           and energy retrofitting projects; and                  eligible entities to make energy improve-
                                             or established under section 2164 of title 10,            (5) establish a process for recognition of           ments authorized by this section.
                                             United States Code;                                     schools that—
                                               (4) a school operated by the Bureau of In-                                                                     (c) APPLICATIONS.—
                                                                                                       (A) have successfully implemented energy
                                             dian Education;                                                                                                  (1) IN GENERAL.—An eligible entity desiring
                                                                                                     efficiency, renewable energy, and energy ret-
                                               (5) a tribally controlled school (as defined                                                                 a grant under this section shall submit to
                                                                                                     rofitting projects; and
                                             in section 5212 of the Tribally Controlled                                                                     the Secretary an application at such time, in
                                                                                                       (B) are willing to serve as resources for
                                             Schools Act of 1988 (25 U.S.C. 2511)); and                                                                     such manner, and containing such informa-
                                                                                                     other local educational agencies and schools
                                               (6) a Tribal College or University (as de-                                                                   tion as the Secretary may require.
                                                                                                     to assist initiation of similar efforts.
                                             fined in section 316(b) of the Higher Edu-                (d) REPORT.—Not later than 180 days after              (2) CONTENTS.—The application submitted
                                             cation Act of 1965 (20 U.S.C. 1059c(b))).               the date of enactment of this Act, the Sec-            under paragraph (1) shall include each of the
                                               (b) DESIGNATION OF LEAD AGENCY.—The                   retary shall submit to Congress a report de-           following:
                                             Secretary, acting through the Office of En-             scribing the implementation of this section.             (A) A needs assessment of the current con-
                                             ergy Efficiency and Renewable Energy, shall             SEC. 1004. GRANTS FOR ENERGY EFFICIENCY IM-            dition of the school and facilities that are to
                                             act as the lead Federal agency for coordi-                          PROVEMENTS AND RENEWABLE EN-               receive the energy improvements.
                                             nating and disseminating information on ex-                         ERGY IMPROVEMENTS AT PUBLIC                  (B) A draft work plan of what the eligible
                                             isting Federal programs and assistance that                         SCHOOL FACILITIES.                         entity proposes to achieve at the school and
                                             may be used to help initiate, develop, and fi-            (a) DEFINITIONS.—In this section:                    a description of the energy improvements to
                                             nance energy efficiency, renewable energy,                (1) ELIGIBLE ENTITY.—The term ‘‘eligible             be carried out.
                                             and energy retrofitting projects for schools.           entity’’ means a consortium of—                          (C) A description of the capacity of the eli-
                                               (c) REQUIREMENTS.—In carrying out coordi-               (A) 1 local educational agency; and                  gible entity to provide services and com-
                                             nation and outreach under subsection (b),                 (B) 1 or more—                                       prehensive support to make the energy im-
                                             the Secretary shall—                                      (i) schools;                                         provements.
                                               (1) in consultation and coordination with               (ii) nonprofit organizations;                          (D) An assessment of the applicant’s ex-
                                             the appropriate Federal agencies, carry out a             (iii) for-profit organizations; or                   pected needs of the eligible entity for oper-
                                             review of existing programs and financing                 (iv) community partners that have the                ation and maintenance training funds, and a
                                             mechanisms (including revolving loan funds              knowledge and capacity to partner and assist           plan for use of those funds, if any.




dlhill on DSKBBY8HB2PROD with SENATE
                                             and loan guarantees) available in or from the           with energy improvements.                                (E) An assessment of the expected energy,
                                             Department of Agriculture, the Department,                (2) ENERGY IMPROVEMENT.—The term ‘‘en-               safety, and health benefits of the energy im-
                                             the Department of Education, the Depart-                ergy improvement’’ means—                              provements.
                                             ment of the Treasury, the Internal Revenue                (A) any improvement, repair, renovation,               (F) A lifecycle cost estimate of the pro-
                                             Service, the Environmental Protection                   or installation to a school, including school          posed energy improvements.
                                             Agency, and other appropriate Federal agen-             grounds, that will result in a direct reduc-             (G) An identification of other resources
                                             cies with jurisdiction over energy financing            tion in school energy costs, including im-             that are available to carry out the activities

Full text truncated for size; the complete document is in the PDF above.

File and source

File
CREC_crec-2020-03-03_crec-2020-03-03-pt1-pgs1303.pdf
Size
1,215,757 bytes
SHA-256
cce929262e8baed57cd63ffd2537f5c02a13d3e9f34df41fa12bcde47bc18ccb
Our copy
CREC_crec-2020-03-03_crec-2020-03-03-pt1-pgs1303.pdf
Original
www.govinfo.gov
Back to top