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.
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“Text of Amendments to S. 2657 — Congressional Record, Senate.”
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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-
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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
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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-
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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.—
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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:
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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:
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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).
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‘‘(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.
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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—
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(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
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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,
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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
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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
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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.
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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-
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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.
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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
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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.—
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(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
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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:
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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
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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,
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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.
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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.
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(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
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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
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(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.
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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-
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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
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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.
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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-
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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—
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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
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(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
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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
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(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)—
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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
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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
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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
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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
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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’’.
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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:
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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
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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;
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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-
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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.—
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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
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(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
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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-
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(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
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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;
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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;
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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
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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-
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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
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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)—
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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.
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‘‘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
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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
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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
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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).
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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
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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—
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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
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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
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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
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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.
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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,
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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—
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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.’’.
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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
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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
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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.
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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.
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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.
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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.—
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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.
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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
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