Consideration of H.R. 4447, Clean Economy Jobs and Innovation Act — Congressional Record, House
Summary
A page of the Congressional Record, House, dated September 23, 2020, beginning at page H4774, in a very long document. It carries the end of a recorded vote listing and the table of contents of H.R. 4447, the Clean Economy Jobs and Innovation Act, covering energy efficiency rebate programs, federal agency energy efficiency, green Federal buildings and the HOPE for HOMES subtitle. Mr. Pallone, pursuant to House Resolution 1129, calls up the bill under the heading Expanding Access to Sustainable Energy Act of 2019 to establish an energy storage and microgrid grant and technical assistance program, and the Clerk reads the title with the Rules Committee substitute.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Consideration of H.R. 4447, Clean Economy Jobs and Innovation Act — Congressional Record, House.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-23-crec-2020-09-23-pt1-pgh4774-85738271eb/
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H4774 CONGRESSIONAL RECORD — HOUSE September 23, 2020
Moulton Roybal-Allard Thompson (PA) Hayes (Courtney) Napolitano (Correa) PART 2—EXTENDED PRODUCT SYSTEM REBATE
Mucarsel-Powell Ruiz Thornberry Huffman (Thompson Payne (Wasserman PROGRAM
Murphy (FL) Ruppersberger Tiffany (CA)) Schultz) Sec. 1211. Extended Product System Rebate Pro-
Murphy (NC) Rush Timmons
Nadler Rutherford
Jayapal (Raskin) Pingree (Clark (MA)) gram.
Tipton
Napolitano Ryan Kim (Davids (KS)) Pocan (Raskin) PART 3—TRANSFORMER REBATE PROGRAM
Titus
Neal Sánchez Tlaib
Kirkpatrick Porter (Wexton)
Neguse Sarbanes (Gallego) Sec. 1221. Energy Efficient Transformer Rebate
Tonko Richmond (Fudge) Program.
Newhouse Scalise Torres (CA) Langevin (Lynch) Roybal-Allard
Norcross Scanlon Torres Small Lawson (FL) (Evans) Subtitle C—Federal Agency Energy Efficiency
Norman Schakowsky (Cárdenas)
(NM) Lieu, Ted (Beyer) Sec. 1301. Energy-efficient and energy-saving
Nunes Schiff Rush (Underwood)
Trahan Lipinski (Cooper) information technologies.
O’Halleran Schneider Serrano (Jeffries)
Trone Lofgren (Jeffries) Sec. 1302. Energy efficient data centers.
Ocasio-Cortez Schrader Speier (Scanlon)
Turner Lowenthal (Beyer)
Olson Schrier Subtitle D—Regulatory Provisions
Omar Schweikert Underwood Lowey (Tonko) Tlaib (Dingell)
Upton Watson Coleman PART 1—FEDERAL GREEN BUILDINGS
Palazzo Scott (VA) McEachin (Wexton)
Pallone Scott, Austin Van Drew (Pallone) Sec. 1401. High-performance green Federal
Vargas
Meng (Clark (MA))
Palmer Scott, David Welch (McGovern) buildings.
Veasey Moore (Beyer)
Panetta Sensenbrenner Wilson (FL) (Adams) PART 2—ENERGY AND WATER PERFORMANCE
Pappas Serrano Vela Mucarsel-Powell
Velázquez (Wasserman REQUIREMENTS FOR FEDERAL BUILDINGS
Pascrell Sewell (AL)
Payne Shalala Visclosky Schultz) Sec. 1411. Federal Energy Management Pro-
Pence Sherman Wagner f gram.
Perlmutter Sherrill Walberg Sec. 1412. Federal building energy efficiency
Peters Shimkus Walden b 1630 performance standards; certifi-
Peterson Simpson Walorski cation system and level for green
Phillips Sires Waltz EXPANDING ACCESS TO SUSTAIN-
buildings.
Pingree Slotkin Wasserman ABLE ENERGY ACT OF 2019 Sec. 1413. Use of energy and water efficiency
Pocan Smith (MO) Schultz
Porter Smith (NE) Mr. PALLONE. Madam Speaker, pur- measures in Federal buildings.
Waters
Posey Smith (NJ) Watkins suant to House Resolution 1129, I call Subtitle E—HOPE for HOMES
Pressley Smith (WA) Watson Coleman up the bill (H.R. 4447) to establish an Sec. 1501. Definitions.
Price (NC) Smucker Weber (TX)
Quigley Soto energy storage and microgrid grant PART 1—HOPE TRAINING
Webster (FL)
Raskin Spanberger Welch and technical assistance program. Sec. 1511. Notice for HOPE Qualification train-
Reed Spano The Clerk read the title of the bill. ing and grants.
Wenstrup
Reschenthaler Speier
Rice (NY) Stanton
Westerman The SPEAKER pro tempore (Ms. Sec. 1512. Course criteria.
Rice (SC) Stauber
Wexton TITUS). Pursuant to House Resolution Sec. 1513. HOPE Qualification.
Richmond Stefanik Wild
1129, in lieu of the amendment in the Sec. 1514. Grants.
Roby Steil Williams Sec. 1515. Authorization of appropriations.
Wilson (FL) nature of a substitute recommended by
Rodgers (WA) Stevens PART 2—HOME ENERGY SAVINGS RETROFIT
Roe, David P. Stewart Wilson (SC) the Committee on Energy and Com-
REBATE PROGRAM
Rogers (AL) Stivers Wittman merce printed in the bill, an amend-
Womack Sec. 1521. Establishment of Home Energy Sav-
Rogers (KY) Suozzi ment in the nature of a substitute con-
Rose (NY) Swalwell (CA) Woodall ings Retrofit Rebate Program.
Rose, John W. Takano Yarmuth sisting of the text of Rules Committee Sec. 1522. Partial system rebates.
Rouda Taylor Yoho Print 116–63, modified by the amend- Sec. 1523. State administered rebates.
Rouzer Thompson (CA) Young ment printed in part A of House Report Sec. 1524. Special provisions for moderate in-
Roy Thompson (MS) Zeldin 116–528, is adopted, and the bill, as come households.
NAYS—5 amended, is considered read. Sec. 1525. Evaluation reports to Congress.
The text of the bill, as amended, is as Sec. 1526. Administration.
Amash Massie Steube Sec. 1527. Authorization of appropriations.
Davidson (OH) Perry follows:
PART 3—GENERAL PROVISIONS
NOT VOTING—15 H.R. 4447
Sec. 1531. Appointment of personnel.
Abraham Dunn Mullin Be it enacted by the Senate and House of Rep- Sec. 1532. Maintenance of funding.
Bishop (UT) Fortenberry Riggleman resentatives of the United States of America in
Budd Graves (GA) Rooney (FL) Congress assembled, Subtitle F—Weatherization
Byrne McHenry Walker SECTION 1. SHORT TITLE. Sec. 1601. Weatherization assistance program.
Cohen Mitchell Wright (a) SHORT TITLE.—This Act may be cited as Sec. 1602. Report on waivers.
the ‘‘Clean Economy Jobs and Innovation Act’’. Sec. 1603. Application of wage rate require-
b 1626 (b) TABLE OF CONTENTS.—The table of con- ments to Weatherization Assist-
tents for this Act is as follows: ance Program.
Mr. FERGUSON changed his vote
Sec. 1. Short title. Subtitle G—Energy and Water Research
from ‘‘nay’’ to ‘‘yea.’’ Integration
So (two-thirds being in the affirma- TITLE I—ENERGY EFFICIENCY
Sec. 1701. Integrating energy and water re-
tive) the rules were suspended and the Subtitle A—Buildings
search.
bill, as amended, was passed. PART 1—BUILDING ENERGY CODES Sec. 1702. Energy-water oversight and coordi-
The result of the vote was announced Sec. 1101. Greater energy efficiency in building nation.
as above recorded. codes. Sec. 1703. Rule of construction.
The title of the bill was amended so Sec. 1102. Cost-effective codes implementation Sec. 1704. Coordination and nonduplication.
as to read: ‘‘A bill to repeal the re- for efficiency and resilience. Sec. 1705. Definitions.
Sec. 1103. Commercial building energy con- Subtitle H—Other Matters
quirement to reallocate and auction
sumption information sharing. Sec. 1801. Modifications to the ceiling fan en-
the T-Band spectrum, to amend the
PART 2—WORKER TRAINING AND CAPACITY ergy conservation standard.
Wireless Communications and Public
BUILDING Sec. 1802. Smart energy and water efficiency
Safety Act of 1999 to clarify acceptable
Sec. 1111. Building training and assessment program.
9–1–1 obligations or expenditures, and centers. Sec. 1803. Energy Efficiency and Conservation
for other purposes.’’. Sec. 1112. Career skills training. Block Grant Program.
A motion to reconsider was laid on PART 3—SCHOOL BUILDINGS Sec. 1804. Energy efficient public buildings.
the table. Sec. 1805. Smart buildings.
Sec. 1121. Coordination of energy retrofitting
Stated for: assistance for schools. TITLE II—RENEWABLE ENERGY
Mr. FORTENBERRY. Madam Speaker, on Subtitle A—Energy Storage
Subtitle B—Industrial Efficiency and
Wednesday, September 23, 2020, I missed Competitiveness PART 1—CONSIDERATION OF ENERGY STORAGE
roll call vote No. 201. Had I been present, I PART 1—MANUFACTURING ENERGY EFFICIENCY
SYSTEMS
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would have voted ‘‘aye.’’ Sec. 2101. Consideration of energy storage sys-
Sec. 1201. Purposes.
MEMBERS RECORDED PURSUANT TO HOUSE tems.
Sec. 1202. Future of Industry program and in-
RESOLUTION 965, 116TH CONGRESS Sec. 2102. Coordination of programs.
dustrial research and assessment
Chu, Judy (Takano) Grijalva (Garcı́a (IL)) centers. PART 2—ENERGY STORAGE AND MICROGRID
DeSaulnier (Matsui) Hastings (Wasserman Sec. 1203. Sustainable manufacturing initiative. PROJECTS
Frankel (Clark (MA)) Schultz) Sec. 1204. Conforming amendments. Sec. 2121. Definitions.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4775
Sec. 2122. Energy storage and microgrid assist- Sec. 2602. Land use planning; supplements to Sec. 5302. Critical mineral recycling and reuse
ance program. programmatic environmental im- research, development, and dem-
Sec. 2123. Authorization of appropriations. pact statements. onstration program.
Subtitle B—Dam Safety Sec. 2603. Environmental review on covered PART 2—GRID MODERNIZATION RESEARCH AND
Sec. 2201. Hydroelectric production incentives land. DEVELOPMENT
and efficiency improvements. Sec. 2604. Program to improve renewable energy
Sec. 5321. Smart grid regional demonstration
Sec. 2202. FERC briefing on Edenville Dam and project permit coordination.
initiative.
Sanford Dam failures. Sec. 2605. Increasing economic certainty.
Sec. 5322. Smart grid modeling, visualization,
Sec. 2203. Dam safety conditions. Sec. 2606. Renewable energy goal.
architecture, and controls.
Sec. 2204. Dam safety requirements. Sec. 2607. Facilitation of coproduction of geo-
Sec. 5323. Hybrid energy systems.
Sec. 2205. Viability procedures. thermal energy on oil and gas
Sec. 5324. Grid integration research and devel-
Sec. 2206. FERC dam safety technical con- leases.
opment.
ference with States. Sec. 2608. Noncompetitive leasing of adjoining
Sec. 5325. Industry alliance.
Sec. 2207. Required dam safety communications areas for development of geo-
Sec. 5326. Coordination of efforts.
between FERC and States. thermal resources.
Sec. 5327. Technical amendments; authorization
Sec. 2609. Savings clause.
Subtitle C—Distributed Renewable Energy of appropriations.
TITLE III—CARBON POLLUTION
Sec. 2301. Definitions. PART 3—GRID SECURITY RESEARCH AND
REDUCTION TECHNOLOGIES
Sec. 2302. Establishment or designation of the DEVELOPMENT
Distributed Energy Opportunity Subtitle A—Fossil Energy Research and
Sec. 5341. Amendment to Energy Independence
Board. Development
and Security Act of 2007.
Sec. 2303. Distributed Energy Opportunity Com- Sec. 3101. Definitions. Sec. 5342. Critical infrastructure research and
munities. Sec. 3102. Fossil energy objectives. construction.
Sec. 2304. Authorization of appropriations. Sec. 3103. Carbon capture technologies. Sec. 5343. Conforming amendment.
Subtitle D—Low-income Solar Sec. 3104. Natural gas carbon capture research,
Subtitle D—Tribal Energy
Sec. 2401. Grant program for solar installations development, and demonstration
program. Sec. 5401. Indian energy.
located in, or that serve, low-in- Sec. 5402. Report on electricity access and reli-
come and underserved areas. Sec. 3105. Carbon storage validation and test-
ing. ability.
Subtitle E—Research and Development Sec. 3106. Carbon utilization. TITLE VI—TRANSPORTATION
PART 1—SOLAR ENERGY RESEARCH AND Sec. 3107. Advanced energy systems. Subtitle A—Diesel Emissions Reduction
DEVELOPMENT Sec. 3108. Rare earth elements.
Sec. 6101. Reauthorization of diesel emissions
Sec. 2501. Definitions. Sec. 3109. Methane hydrate research amend-
reduction program.
Sec. 2502. Solar energy research and develop- ments.
ment. Sec. 3110. Carbon removal. Subtitle B—Clean School Bus Program
Sec. 2503. Solar energy demonstration projects. Sec. 3111. Methane leak detection and mitiga- Sec. 6201. Reauthorization of Clean School Bus
Sec. 2504. Next generation solar energy manu- tion. Program.
facturing initiative. Sec. 3112. Waste gas utilization. Subtitle C—Clean Cities Coalition Program
Sec. 2505. Photovoltaic device recycling re- Sec. 3113. National energy technology labora-
search and development. Sec. 6301. Clean Cities Coalition Program.
tory reforms.
Sec. 2506. Authorization of appropriations. Sec. 3114. Climate Solutions Challenges. Subtitle D—Renewable Fuel Standard Integrity
PART 2—WIND ENERGY RESEARCH AND Subtitle B—Controlling Methane Leaks Sec. 6401. Annual deadline for petitions by
DEVELOPMENT small refineries for exemptions
Sec. 3201. Improving the natural gas distribu-
Sec. 2521. Definitions. from renewable fuel requirements.
tion system.
Sec. 2522. Wind energy research and develop- Sec. 6402. Information in petition subject to
Subtitle C—Eminent Domain Reform public disclosure.
ment.
Sec. 2523. Wind energy demonstration and vali- Sec. 3301. Modifications to exercise of the right Subtitle E—EV Infrastructure
dation projects. of eminent domain by holder of a
Sec. 6501. Definitions.
Sec. 2524. Wind energy incubator funding. certificate of public convenience
Sec. 6502. Electric vehicle supply equipment re-
Sec. 2525. Mitigating regulatory and market and necessity.
bate program.
barriers. TITLE IV—NUCLEAR ENERGY Sec. 6503. Expanding access to electric vehicles
Sec. 2526. Authorization of appropriations. Subtitle A—Advanced Nuclear Fuel Availability in underserved communities.
PART 3—ADVANCED GEOTHERMAL RESEARCH AND Sec. 4101. Program. Sec. 6504. Ensuring program benefits for under-
DEVELOPMENT Sec. 4102. Reports to Congress. served and disadvantaged commu-
Sec. 2541. Definitions. Sec. 4103. Authorization of appropriations. nities.
Sec. 2542. Hydrothermal research and develop- Sec. 4104. Definitions. Sec. 6505. Model building code for electric vehi-
ment. cle supply equipment.
Subtitle B—Nuclear Energy Leadership Act
Sec. 2543. General geothermal systems research Sec. 6506. Electric vehicle supply equipment co-
and development. Sec. 4201. Definitions. ordination.
Sec. 2544. Enhanced geothermal systems re- Sec. 4202. Nuclear energy research, develop- Sec. 6507. State consideration of electric vehicle
search and development. ment, demonstration, and com- charging.
Sec. 2545. Geothermal heat pumps and direct mercial application programs. Sec. 6508. State energy plans.
use. Sec. 4203. Nuclear energy budget plan. Sec. 6509. Transportation electrification.
Sec. 2546. Cost sharing and proposal evalua- Sec. 4204. Organization and administration of Sec. 6510. Federal fleets.
tion. programs. Sec. 6511. Domestic Manufacturing Conversion
Sec. 2547. Advanced geothermal computing and Subtitle C—Defending Against Rosatom Exports Grant Program.
data science research and devel- Sec. 4301. Extension and expansion of limita- Sec. 6512. Advanced technology vehicles manu-
opment. tions on importation of uranium facturing incentive program.
Sec. 2548. Geothermal workforce development. from Russian Federation. Subtitle F—Vehicles Used for Competition
Sec. 2549. Organization and administration of TITLE V—ELECTRIC GRID AND Sec. 6601. Treatment of vehicles not legal for
programs. CYBERSECURITY operation on a street or highway
Sec. 2550. Repeals. and used solely for competition.
Sec. 2551. Authorization of appropriations. Subtitle A—Electric Grid
Sec. 2552. International geothermal energy de- PART 1—21ST CENTURY POWER GRID TITLE VII—ADVANCED RESEARCH
velopment. PROJECTS AGENCY—ENERGY
Sec. 5101. 21st Century Power Grid.
Sec. 2553. Reauthorization of High Cost Region Sec. 7001. ARPA–E amendments.
PART 2—TRANSMISSION PLANNING
Geothermal Energy Grant Pro- TITLE VIII—TECHNOLOGY TRANSFER
gram. Sec. 5111. Interregional transmission planning
report. Sec. 8001. Definitions.
PART 4—WATER POWER RESEARCH AND
Sec. 5112. Interregional transmission planning Subtitle A—National Clean Energy Technology
DEVELOPMENT
rulemaking. Transfer Programs
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Sec. 2561. Water power research and develop-
Subtitle B—State Energy Security Plans Sec. 8101. Regional clean energy innovation
ment.
Sec. 5201. State energy security plans. program.
Sec. 2562. Conforming amendments.
Sec. 8102. National clean energy incubator pro-
Subtitle F—Public Lands Renewable Energy Subtitle C—Research and Development
gram.
Development PART 1—BETTER ENERGY STORAGE TECHNOLOGY Sec. 8103. Clean energy technology university
Sec. 2601. Definitions. Sec. 5301. Energy storage. prize competition.
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H4776 CONGRESSIONAL RECORD — HOUSE September 23, 2020
Sec. 8104. Energy I-Corps. Subtitle B—National Materials and Minerals TITLE I—ENERGY EFFICIENCY
Sec. 8105. Clean energy technology transfer co- Policy, Research, and Development Subtitle A—Buildings
ordination. Sec. 10141. Amendments to National Materials PART 1—BUILDING ENERGY CODES
Subtitle B—Supporting Technology and Minerals Policy, Research SEC. 1101. GREATER ENERGY EFFICIENCY IN
Development At the National Laboratories and Development Act of 1980. BUILDING CODES.
Sec. 8201. Lab partnering service pilot program. Sec. 10142. Conforming repeal. (a) DEFINITIONS.—Section 303 of the Energy
Sec. 8202. Lab-embedded entrepreneurship pro- TITLE XI—ENVIRONMENTAL JUSTICE Conservation and Production Act (42 U.S.C.
gram. Sec. 11001. Definitions. 6832) is amended—
Sec. 8203. Small business voucher program. Sec. 11002. Environmental justice community (1) by striking paragraph (14) and inserting
Sec. 8204. Entrepreneurial leave program. technical assistance grants. the following:
Sec. 8205. National laboratory employee outside Sec. 11003. Interagency Federal working group ‘‘(14) MODEL BUILDING ENERGY CODE.—The
employment authority. on environmental justice. term ‘model building energy code’ means a vol-
Sec. 8206. Technology commercialization fund. Sec. 11004. Federal agency actions to address untary building energy code or standard devel-
Sec. 8207. Signature authority. environmental justice. oped and updated by interested persons, such as
Subtitle C—Department of Energy the code or standard developed by—
Sec. 11005. Training of employees of Federal
Modernization ‘‘(A) the Council of American Building Offi-
agencies.
cials, or its legal successor, International Code
Sec. 8301. Technology Transfer Program. Sec. 11006. Environmental justice basic training
Council, Inc.;
Sec. 8302. Management of demonstration program.
‘‘(B) the American Society of Heating, Refrig-
projects. Sec. 11007. Environmental justice clearing- erating, and Air-Conditioning Engineers; or
Sec. 8303. Streamlining prize competitions. house. ‘‘(C) other appropriate organizations.’’; and
Sec. 8304. Milestone-based demonstration Sec. 11008. Public meetings. (2) by adding at the end the following:
projects. Sec. 11009. National environmental justice advi- ‘‘(17) IECC.—The term ‘IECC’ means the
Sec. 8305. Cost-share waiver extension. sory council. International Energy Conservation Code.
Sec. 8306. Special hiring authority for scientific, Sec. 11010. Environmental justice grant pro- ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’
engineering, and project manage- grams. has the meaning given the term in section 4 of
ment personnel. Sec. 11011. Environmental justice community the Native American Housing Assistance and
Sec. 8307. Technology transfer reports and eval- solid waste disposal technical as- Self-Determination Act of 1996 (25 U.S.C.
uation. sistance grants. 4103).’’.
Sec. 8308. Other transaction authority exten- Sec. 11012. Environmental justice community, (b) STATE BUILDING ENERGY EFFICIENCY
sion. State, and Tribal grant programs. CODES.—Section 304 of the Energy Conservation
TITLE IX—INDUSTRIAL INNOVATION AND Sec. 11013. Protections for environmental justice and Production Act (42 U.S.C. 6833) is amended
COMPETITIVENESS communities against harmful fed- to read as follows:
Subtitle A—Smart Manufacturing eral actions. ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY
Sec. 11014. Prohibited discrimination. EFFICIENCY CODES.
Sec. 9101. Definitions. Sec. 11015. Right of action. ‘‘(a) VOLUNTARY CODES AND STANDARDS.—
Sec. 9102. Development of national smart manu-
Sec. 11016. Rights of recovery. Notwithstanding any other provision of this sec-
facturing plan.
Sec. 11017. Public health risks associated with tion, any model building code or standard estab-
Sec. 9103. Leveraging existing agency programs
cumulative environmental lished under section 304 shall not be binding on
to assist small and medium manu-
stressors. a State, local government, or Indian tribe as a
facturers.
TITLE XII—OTHER MATTERS matter of Federal law.
Sec. 9104. Leveraging smart manufacturing in- ‘‘(b) ACTION BY SECRETARY.—The Secretary
frastructure at National Labora- Subtitle A—Blue Collar to Green Collar Jobs shall—
tories. Development ‘‘(1) encourage and support the adoption of
Sec. 9105. State leadership grants. PART 1—OFFICE OF ECONOMIC IMPACT, building energy codes by States, Indian tribes,
Sec. 9106. Report. DIVERSITY, AND EMPLOYMENT and, as appropriate, by local governments that
Subtitle B—American Innovation and Sec. 12101. Name of office. meet or exceed the model building energy codes,
Manufacturing Leadership Sec. 12102. Energy workforce development pro- or achieve equivalent or greater energy savings;
Sec. 9201. Definitions. grams. and
Sec. 9202. Listing of regulated substances. Sec. 12103. Authorization. ‘‘(2) support full compliance with the State
Sec. 9203. Monitoring and reporting require- and local codes.
PART 2—ENERGY WORKFORCE DEVELOPMENT
ments. ‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION
Sec. 12111. Energy workforce development. OF BUILDING ENERGY CODE UPDATES.—
Sec. 9204. Phasedown of regulated substances.
Sec. 9205. Management of regulated substances. Sec. 12112. Energy workforce grant program. ‘‘(1) REVIEW AND UPDATING OF CODES BY EACH
Sec. 9206. Technology transitions. Sec. 12113. Definitions. STATE AND INDIAN TRIBE.—
Sec. 9207. Rulemaking authority. Subtitle B—Buy American and Wage Rate ‘‘(A) IN GENERAL.—Not later than 2 years
Sec. 9208. Relationship to other laws. Requirements after the date of publication of a revision to a
model building energy code, each State or In-
Subtitle C—Clean Industrial Technology Sec. 12201. Use of American iron, steel, and
dian tribe shall certify whether the State or In-
Sec. 9301. Purpose. manufactured goods.
dian tribe, respectively, has reviewed and up-
Sec. 9302. Industrial emissions reduction tech- Sec. 12202. Wage rate requirements.
dated the energy provisions of the building code
nology development program. Sec. 12203. Apprenticeships.
of the State or Indian tribe, respectively.
Sec. 9303. Industrial Technology Innovation Subtitle C—Natural Resources ‘‘(B) DEMONSTRATION.—The certification shall
Advisory Committee. Sec. 12301. Offshore Wind Career Training include a demonstration of whether the energy
Sec. 9304. Technical assistance program to im- Grant Program. savings for the code provisions that are in effect
plement industrial emissions re- Sec. 12302. Data preservation. throughout the territory of the State or Indian
duction. tribe meet or exceed the energy savings of the
Subtitle D—Clean Energy and Sustainability
Sec. 9305. Coordination of research and devel- updated model building energy code.
Accelerator
opment of energy efficient tech- ‘‘(C) NO MODEL BUILDING ENERGY CODE UP-
nologies for industry. Sec. 12401. Clean Energy and Sustainability Ac- DATE.—If a model building energy code is not
celerator. updated by a target date established under sec-
Subtitle D—Combined Heat and Power Support
Subtitle E—Scientific Integrity tion 307(b)(2)(E), each State or Indian tribe
Sec. 9401. CHP Technical Assistance Partner-
Sec. 12501. Sense of Congress. shall, not later than 2 years after the specified
ship Program.
Sec. 12502. Amendment to America COMPETES date, certify whether the State or Indian tribe,
Subtitle E—Title XVII Loan Program Reform respectively, has reviewed and updated the en-
Act.
Sec. 9501. Loan program office title XVII re- Sec. 12503. Existing policies; clarification. ergy provisions of the building code of the State
form. or Indian tribe, respectively, to meet or exceed
Sec. 9502. Authorization of appropriations. Subtitle F—Other Matters
the target in section 307(b)(2).
TITLE X—CRITICAL MATERIALS Sec. 12601. Authorization. ‘‘(2) VALIDATION BY SECRETARY.—Not later
Sec. 12602. Addressing insufficient compensa- than 90 days after a State or Indian tribe certifi-
Sec. 10101. Definitions.
ctelli on DSK11ZRN23PROD with HOUSE
tion of employees and other per- cation under paragraph (1), the Secretary
Subtitle A—Energy Critical Materials sonnel of the Federal Energy Reg- shall—
Sec. 10121. Energy critical materials program. ulatory Commission. ‘‘(A) determine whether the code provisions of
Sec. 10122. Critical materials research database Sec. 12603. Office of Public Participation. the State or Indian tribe, respectively, meet the
and information center. Sec. 12604. Background ozone research. criteria specified in paragraph (1); and
Sec. 10123. Critical materials interagency sub- Sec. 12605. Smoke planning and research. ‘‘(B) if the determination is positive, validate
committee. Sec. 12606. Budgetary effects. the certification.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4777
‘‘(d) IMPROVEMENTS IN COMPLIANCE WITH ‘‘(3) LOCAL GOVERNMENT.—In any State or In- ‘‘(A) an option for adoption as a building en-
BUILDING ENERGY CODES.— dian tribe for which the Secretary has not vali- ergy code by local, tribal, or State governments;
‘‘(1) REQUIREMENT.— dated a certification under subsection (c) or (d), and
‘‘(A) IN GENERAL.—Not later than 3 years a local government may be eligible for Federal ‘‘(B) guidelines for energy-efficient building
after the date of a certification under subsection support under subsections (f) and (g) by meeting design.
(c), each State and Indian tribe shall certify the certification requirements of subsections (c) ‘‘(2) TARGETS.—The stretch codes and ad-
whether the State and Indian tribe, respectively, and (d). vanced standards shall be designed—
has— ‘‘(4) REPORTS BY SECRETARY.— ‘‘(A) to achieve substantial energy savings
‘‘(i) achieved full compliance under para- ‘‘(A) IN GENERAL.—Not later than December compared to the model building energy codes;
graph (3) with the applicable certified State and 31, 2021, and not less frequently than once every and
Indian tribe building energy code or with the 3 years thereafter, the Secretary shall submit to ‘‘(B) to meet targets under section 307(b), if
associated model building energy code; or Congress and publish a report describing— available, at least 3 to 6 years in advance of the
‘‘(ii) made significant progress under para- ‘‘(i) the status of model building energy codes; target years.
graph (4) toward achieving compliance with the ‘‘(ii) the status of code adoption and compli- ‘‘(i) STUDIES.—The Secretary, in consultation
applicable certified State and Indian tribe build- ance in the States and Indian tribes; with building science experts from the National
ing energy code or with the associated model ‘‘(iii) implementation of this section; and Laboratories and institutions of higher edu-
building energy code. ‘‘(iv) improvements in energy savings over cation, designers and builders of energy-effi-
‘‘(B) REPEAT CERTIFICATIONS.—If the State or time as result of the targets established under cient residential and commercial buildings, code
Indian tribe certifies progress toward achieving section 307(b)(2). officials, code and standards developers, and
compliance, the State or Indian tribe shall re- ‘‘(B) IMPACTS.—The report shall include esti- other stakeholders, shall undertake a study of
peat the certification until the State or Indian mates of impacts of past action under this sec- the feasibility, impact, economics, and merit of—
tribe certifies that the State or Indian tribe has tion, and potential impacts of further action, ‘‘(1) code and standards improvements that
achieved full compliance, respectively. on— would require that buildings be designed, sited,
‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer- ‘‘(i) upfront financial and construction costs, and constructed in a manner that makes the
tification under paragraph (1) shall include doc- cost benefits and returns (using investment buildings more adaptable in the future to be-
umentation of the rate of compliance based on— analysis), and lifetime energy use for buildings; come zero-net-energy after initial construction,
‘‘(A) independent inspections of a random ‘‘(ii) resulting energy costs to individuals and as advances are achieved in energy-saving tech-
sample of the buildings covered by the code in businesses; and nologies;
the preceding year; or ‘‘(iii) resulting overall annual building owner- ‘‘(2) code procedures to incorporate measured
‘‘(B) an alternative method that yields an ac- ship and operating costs. lifetimes, not just first-year energy use, in trade-
curate measure of compliance. ‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN- offs and performance calculations;
‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State DIAN TRIBES.—The Secretary shall provide tech- ‘‘(3) legislative options for increasing energy
or Indian tribe shall be considered to achieve nical assistance to States and Indian tribes to savings from building energy codes and stand-
full compliance under paragraph (1) if— implement the goals and requirements of this ards, including additional incentives for effec-
‘‘(A) at least 90 percent of building space cov- section, including procedures and technical tive State and local action, and verification of
ered by the code in the preceding year substan- analysis for States and Indian tribes— compliance with and enforcement of a code or
tially meets all the requirements of the applica- ‘‘(1) to improve and implement State residen- standard other than by a State or local govern-
ble code specified in paragraph (1), or achieves tial and commercial building energy codes; ment; and
equivalent or greater energy savings level; or ‘‘(2) to demonstrate that the code provisions of ‘‘(4) code and standards improvements that
‘‘(B) the estimated excess energy use of build- the States and Indian tribes achieve equivalent consider energy efficiency and water efficiency
ings that did not meet the applicable code speci- or greater energy savings than the model build- and, to the maximum extent practicable, con-
fied in paragraph (1) in the preceding year, ing energy codes and targets; sider energy efficiency and water efficiency in
compared to a baseline of comparable buildings ‘‘(3) to document the rate of compliance with an integrated manner.
that meet this code, is not more than 5 percent a building energy code; and ‘‘(j) EFFECT ON OTHER LAWS.—Nothing in this
of the estimated energy use of all buildings cov- ‘‘(4) to otherwise promote the design and con- section or section 307 supersedes or modifies the
ered by this code during the preceding year. struction of energy- and water-efficient build- application of sections 321 through 346 of the
‘‘(4) SIGNIFICANT PROGRESS TOWARD ACHIEVE- ings. Energy Policy and Conservation Act (42 U.S.C.
MENT OF COMPLIANCE.—A State or Indian tribe ‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.— 6291 et seq.).
shall be considered to have made significant ‘‘(1) IN GENERAL.—The Secretary shall provide ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
progress toward achieving compliance for pur- incentive funding to States and Indian tribes— There is authorized to be appropriated to carry
poses of paragraph (1) if the State or Indian ‘‘(A) to implement the requirements of this out this section and section 307 $200,000,000, to
tribe— section; remain available until expended.’’.
‘‘(A) has developed and is implementing a ‘‘(B) to improve and implement residential (c) FEDERAL BUILDING ENERGY EFFICIENCY
plan for achieving compliance during the 8- and commercial building energy codes, including STANDARDS.—Section 305 of the Energy Con-
year-period beginning on the date of enactment increasing and verifying compliance with the servation and Production Act (42 U.S.C. 6834) is
of the Clean Economy Jobs and Innovation Act, codes and training of State, tribal, and local amended by striking ‘‘voluntary building energy
including annual targets for compliance and ac- building code officials to implement and enforce code’’ each place it appears in subsections
tive training and enforcement programs; and the codes; and (a)(2)(B) and (b) and inserting ‘‘model building
‘‘(B) has met the most recent target under ‘‘(C) to promote building energy and water ef- energy code’’.
subparagraph (A). ficiency through the use of the codes and stand- (d) MODEL BUILDING ENERGY CODES.—
‘‘(5) VALIDATION BY SECRETARY.—Not later ards. (1) IN GENERAL.—Section 307 of the Energy
than 90 days after a State or Indian tribe certifi- ‘‘(2) ADDITIONAL FUNDING.—Additional fund- Conservation and Production Act (42 U.S.C.
cation under paragraph (1), the Secretary ing shall be provided under this subsection for 6836) is amended to read as follows:
shall— implementation of a plan to achieve and docu- ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING EN-
‘‘(A) determine whether the State or Indian ment full compliance with residential and com- ERGY CODES.
tribe has demonstrated meeting the criteria of mercial building energy codes under subsection ‘‘(a) IN GENERAL.—The Secretary shall sup-
this subsection, including accurate measurement (d)— port the updating of model building energy
of compliance; and ‘‘(A) to a State or Indian tribe for which the codes.
‘‘(B) if the determination is positive, validate Secretary has validated a certification under ‘‘(b) TARGETS.—
the certification. subsection (c) or (d); and ‘‘(1) IN GENERAL.—The Secretary shall support
‘‘(e) STATES OR INDIAN TRIBES THAT DO NOT ‘‘(B) in a State or Indian tribe that is not eli- the updating of the model building energy codes
ACHIEVE COMPLIANCE.— gible under subparagraph (A), to a local govern- to enable the achievement of aggregate energy
‘‘(1) REPORTING.—A State or Indian tribe that ment that is eligible under this section. savings targets established under paragraph (2).
has not made a certification required under sub- ‘‘(3) TRAINING.—Of the amounts made avail- ‘‘(2) TARGETS.—
section (c) or (d) by the applicable deadline able under this subsection, the State or Indian ‘‘(A) IN GENERAL.—The Secretary shall work
shall submit to the Secretary a report describ- tribe may use amounts required, but not to ex- with State, Indian tribes, local governments,
ing— ceed $750,000 for a State, to train State and local code and standards developers (such as the enti-
‘‘(A) the status of the State or Indian tribe building code officials to implement and enforce ties described in section 303(14)), and other in-
with respect to meeting the requirements and codes described in paragraph (2). terested parties to support the updating of model
submitting the certification; and ‘‘(4) LOCAL GOVERNMENTS.—States may share building energy codes by establishing 1 or more
‘‘(B) a plan for meeting the requirements and grants under this subsection with local govern- national aggregate energy savings targets to
submitting the certification. ments that implement and enforce the codes. achieve the purposes of this section.
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‘‘(2) FEDERAL SUPPORT.—For any State or In- ‘‘(h) STRETCH CODES AND ADVANCED STAND- ‘‘(B) SEPARATE TARGETS.—The Secretary shall
dian tribe for which the Secretary has not vali- ARDS.— establish separate targets for commercial and
dated a certification by a deadline under sub- ‘‘(1) IN GENERAL.—The Secretary shall provide residential buildings.
section (c) or (d), the lack of the certification technical and financial support for the develop- ‘‘(C) BASELINES.—The baseline for updating
may be a consideration for Federal support au- ment of stretch codes and advanced standards model building energy codes shall be the 2009
thorized under this section for code adoption for residential and commercial buildings for use IECC for residential buildings and ASHRAE
and compliance activities. as— Standard 90.1–2010 for commercial buildings.
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H4778 CONGRESSIONAL RECORD — HOUSE September 23, 2020
‘‘(D) CODE CYCLES.—The targets established building energy codes to evaluate the efficiency ‘‘(II) A final determination regarding whether
under subparagraph (A) shall align with the re- impacts of the model building energy codes; the code or standard of the developer, as modi-
spective code development cycles determined by ‘‘(E) performance-based standards; fied by the changes proposed by the Secretary
the model building energy code-setting and ‘‘(F) evaluating economic considerations under subparagraph (A), would—
standards development organizations described under subsection (b)(4); and ‘‘(aa) improve energy efficiency in buildings,
in section 303(14). ‘‘(G) developing model building energy codes as compared to the existing model building en-
‘‘(E) SPECIFIC YEARS.— by Indian tribes in accordance with tribal law. ergy code; and
‘‘(i) IN GENERAL.—Targets for specific years ‘‘(3) AMENDMENT PROPOSALS.—The Secretary ‘‘(bb) meet the applicable targets under sub-
shall be established and revised by the Secretary may submit timely model building energy code section (b)(2).
through rulemaking and coordinated with code amendment proposals to the model building en- ‘‘(e) ADMINISTRATION.—In carrying out this
and standards developers (such as the entities ergy code-setting and standards development or- section, the Secretary shall—
described in section 303(14)) at a level that— ganizations, with supporting evidence, suffi- ‘‘(1) publish notice of targets and supporting
‘‘(I) is at the maximum level of energy effi- cient to enable the model building energy codes analysis and determinations under this section
ciency that is technologically feasible and to meet the targets established under subsection in the Federal Register to provide an expla-
lifecycle cost effective, while accounting for the (b)(2). nation of and the basis for such actions, includ-
economic considerations under paragraph (4); ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary ing any supporting modeling, data, assump-
‘‘(II) is higher than the preceding target; shall make publicly available the entire calcula- tions, protocols, and cost-benefit analysis, in-
‘‘(III) promotes the achievement of commercial tion methodology (including input assumptions cluding return on investment; and
and residential high-performance buildings (as and data) used by the Secretary to estimate the ‘‘(2) provide an opportunity for public com-
defined in section 401 of the Energy Independ- energy savings of code or standard proposals ment on targets and supporting analysis and de-
ence and Security Act of 2007 (42 U.S.C. 17061)) and revisions. terminations under this section.’’.
through high performance energy efficiency; ‘‘(d) DETERMINATION.—
(2) CONFORMING AMENDMENT.—The table of
and ‘‘(1) REVISION OF MODEL BUILDING ENERGY
contents for the Energy Conservation and Pro-
‘‘(IV) takes into consideration the variations CODES.—If the provisions of the IECC or
duction Act is amended by amending the item
in climate zones used in model building energy ASHRAE Standard 90.1 regarding building en-
relating to section 307 to read as follows:
codes. ergy use are proposed to be revised, the Sec-
retary shall make a preliminary determination, ‘‘Sec. 307. Support for model building energy
‘‘(ii) INITIAL TARGETS.—Not later than 1 year
by not later than 90 days after the date of re- codes.’’.
after the date of enactment of this clause, the
Secretary shall establish initial targets under ceipt of the proposed revision, and a final deter- SEC. 1102. COST-EFFECTIVE CODES IMPLEMENTA-
mination by not later than 15 months after the TION FOR EFFICIENCY AND RESIL-
this subparagraph. IENCE.
‘‘(iii) DIFFERENT TARGET YEARS.—Subject to date of publication of the revision, regarding
whether the revision will— (a) IN GENERAL.—Title III of the Energy Con-
clause (i), prior to the applicable year, the Sec-
‘‘(A) improve energy efficiency in buildings, servation and Production Act (42 U.S.C. 6831 et
retary may set a later target year for any of the
as compared to the existing model building en- seq.) is amended by adding at the end the fol-
model building energy codes described in sub-
ergy code; and lowing:
paragraph (A) if the Secretary determines that a
target cannot be met. ‘‘(B) meet the applicable targets under sub- ‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTA-
section (b)(2). TION FOR EFFICIENCY AND RESIL-
‘‘(iv) SMALL BUSINESS.—When establishing
‘‘(2) CODES OR STANDARDS NOT MEETING TAR- IENCE.
targets under this paragraph through rule-
GETS.— ‘‘(a) DEFINITIONS.—In this section:
making, the Secretary shall ensure compliance
‘‘(A) PRELIMINARY DETERMINATION BY SEC- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
with the Small Business Regulatory Enforce-
RETARY.—If the Secretary makes a preliminary ty’ means—
ment Fairness Act of 1996 (5 U.S.C. 601 note;
determination under paragraph (1)(B) that a ‘‘(A) a relevant State agency, as determined
Public Law 104–121).
code or standard does not meet an applicable by the Secretary, such as a State building code
‘‘(3) APPLIANCE STANDARDS AND OTHER FAC-
target under subsection (b)(2), the Secretary agency or State energy office; and
TORS AFFECTING BUILDING ENERGY USE.—In es-
shall contemporaneously provide to the devel- ‘‘(B) a partnership.
tablishing building code targets under para-
oper of the model building energy code or stand- ‘‘(2) PARTNERSHIP.—The term ‘partnership’
graph (2), the Secretary shall develop and ad-
ard not fewer than 2 proposed changes that means a partnership between an eligible entity
just the targets in recognition of potential sav-
would result in a model building energy code described in paragraph (1)(A) and 1 or more of
ings and costs relating to—
‘‘(A) efficiency gains made in appliances, that meets the applicable target, together with the following entities:
lighting, windows, insulation, and building en- supporting evidence, taking into consideration— ‘‘(A) Local building code agencies.
‘‘(i) whether the modified code is technically ‘‘(B) Codes and standards developers.
velope sealing;
feasible and lifecycle cost effective; ‘‘(C) Associations of builders and design and
‘‘(B) advancement of distributed generation
‘‘(ii) available appliances, technologies, mate- construction professionals.
and on-site renewable power generation tech-
rials, and construction practices; and ‘‘(D) Local and utility energy efficiency pro-
nologies; ‘‘(iii) the economic considerations under sub-
‘‘(C) equipment improvements for heating, grams.
section (b)(4). ‘‘(E) Consumer, energy efficiency, and envi-
cooling, and ventilation systems; ‘‘(B) DETERMINATION OR ELECTION BY DEVEL-
‘‘(D) building management systems and smart ronmental advocates.
OPER.—Not later than 270 days after the date of
technologies to reduce energy use; and ‘‘(F) Other entities, as determined by the Sec-
receipt of proposed changes of the Secretary retary.
‘‘(E) other technologies, practices, and build- under subparagraph (A), a developer shall—
ing systems that the Secretary considers appro- ‘‘(3) SECRETARY.—The term ‘Secretary’ means
‘‘(i) determine whether— the Secretary of Energy.
priate regarding building plug load and other ‘‘(I) to publish a new revised code accepting
energy uses. ‘‘(b) ESTABLISHMENT.—
the proposed changes; or
‘‘(4) ECONOMIC CONSIDERATIONS.—In estab- ‘‘(1) IN GENERAL.—The Secretary shall estab-
‘‘(II) to reject the proposed changes; or
lishing and revising building code targets under ‘‘(ii) if the developer elects not to make a de- lish within the Building Technologies Office of
paragraph (2), the Secretary shall consider the termination under clause (i), publish a notice of the Department of Energy a program under
economic feasibility of achieving the proposed that election, together with the proposed which the Secretary shall award grants on a
targets established under this section and the changes. competitive basis to eligible entities to enable
potential costs and savings for consumers and ‘‘(C) FINAL DETERMINATION BY SECRETARY.— sustained cost-effective implementation of up-
building owners, including a return on invest- ‘‘(i) IN GENERAL.—A final determination by dated building energy codes.
ment analysis. the Secretary shall be made on the model build- ‘‘(2) UPDATED BUILDING ENERGY CODE.—An
‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILD- ing energy code or standard, as modified by the update to a building energy code under this sec-
ING ENERGY CODE-SETTING AND STANDARDS DE- changes proposed by the Secretary under sub- tion shall include any update made available
VELOPMENT ORGANIZATIONS.— paragraph (A). after the existing building energy code, even if
‘‘(1) IN GENERAL.—The Secretary shall, on a ‘‘(ii) ADDITIONAL DETERMINATIONS.—If a it is not the most recent updated code available.
timely basis, provide technical assistance to model building energy code or standards devel- ‘‘(c) CRITERIA; PRIORITY.—In awarding grants
model building energy code-setting and stand- oper makes an election pursuant to subpara- under subsection (b), the Secretary shall—
ards development organizations consistent with graph (B)(ii), the Secretary shall make the fol- ‘‘(1) consider—
the goals of this section. lowing final determinations for purposes of this ‘‘(A) prospective energy savings and plans to
‘‘(2) ASSISTANCE.—The assistance shall in- subsection: measure the savings;
clude, as requested by the organizations, tech- ‘‘(I) A final determination regarding whether ‘‘(B) the long-term sustainability of those
nical assistance in— the code or standard of the developer, absent measures and savings;
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‘‘(A) evaluating code or standards proposals any changes proposed by the Secretary under ‘‘(C) prospective benefits, and plans to assess
or revisions; subparagraph (A), will— the benefits, including benefits relating to—
‘‘(B) building energy and water analysis and ‘‘(aa) improve energy efficiency in buildings, ‘‘(i) resilience and peak load reduction;
design tools; as compared to the existing model building en- ‘‘(ii) occupant safety and health; and
‘‘(C) building demonstrations; ergy code; and ‘‘(iii) environmental performance;
‘‘(D) developing definitions of energy use in- ‘‘(bb) meet the applicable targets under sub- ‘‘(D) the demonstrated capacity of the eligible
tensity and building types for use in model section (b)(2). entity to carry out the proposed project; and
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4779
‘‘(E) the need of the eligible entity for assist- and estimating building population, size, loca- (c) AUTHORIZATION OF APPROPRIATIONS.—
ance; and tion, activity, energy usage, and any other rel- There is authorized to be appropriated to carry
‘‘(2) give priority to applications from partner- evant building characteristic; and out this section $10,000,000, to remain available
ships. (3) describe and compare— until expended.
‘‘(d) ELIGIBLE ACTIVITIES.— (A) the methodologies that the Energy Infor- SEC. 1112. CAREER SKILLS TRAINING.
‘‘(1) IN GENERAL.—An eligible entity awarded mation Administration, the Environmental Pro- (a) DEFINITION OF ELIGIBLE ENTITY.—In this
a grant under this section may use the grant tection Agency, and State and local government section, the term ‘‘eligible entity’’ means a non-
funds— managers use to maximize the quality, reli- profit partnership that—
‘‘(A) to create or enable State or regional part- ability, and integrity of data collected through (1) includes the equal participation of indus-
nerships to provide training and materials to— CBECS, the Portfolio Manager database of the try, including public or private employers, and
‘‘(i) builders, contractors and subcontractors, Environmental Protection Agency, and State labor organizations, including joint labor-man-
architects, and other design and construction and local building energy disclosure laws (in- agement training programs;
professionals, relating to meeting updated build- cluding regulations), respectively, and the man- (2) may include workforce investment boards,
ing energy codes in a cost-effective manner; and ner in which those methodologies can be im- community-based organizations, qualified serv-
‘‘(ii) building code officials, relating to im- proved; and ice and conservation corps, educational institu-
proving implementation of and compliance with (B) consistencies and variations in data for tions, small businesses, cooperatives, State and
building energy codes; buildings that were captured in the 2012 CBECS local veterans agencies, and veterans service or-
‘‘(B) to collect and disseminate quantitative cycle and in the Portfolio Manager database of ganizations; and
data on construction and codes implementation, the Environmental Protection Agency. (3) demonstrates—
including code pathways, performance metrics, (c) DATA.—The data referred in subsection (A) experience in implementing and operating
and technologies used; (b)(2) includes data that— worker skills training and education programs;
‘‘(C) to develop and implement a plan for (1) is collected through the Portfolio Manager (B) the ability to identify and involve in
highly effective codes implementation, including database of the Environmental Protection Agen- training programs carried out under this sec-
measuring compliance; cy; tion, target populations of individuals who
‘‘(D) to address various implementation needs (2) is required to be publicly available on the would benefit from training and be actively in-
in rural, suburban, and urban areas; and internet under State and local government volved in activities relating to energy efficiency
‘‘(E) to implement updates in energy codes building energy disclosure laws (including regu- and renewable energy industries; and
for— lations); and (C) the ability to help individuals achieve eco-
‘‘(i) new residential and commercial buildings (3) includes information on private sector nomic self-sufficiency.
(including multifamily buildings); and buildings that are not less than 250,000 square (b) ESTABLISHMENT.—The Secretary of Energy
‘‘(ii) additions and alterations to existing resi- feet. shall award grants to eligible entities to pay the
dential and commercial buildings (including (d) PROTECTION OF INFORMATION.—In car- Federal share of associated career skills training
multifamily buildings). rying out the agreement, the Administrator and programs under which students concurrently re-
‘‘(2) RELATED TOPICS.—Training and mate- the Administrator of the Environmental Protec- ceive classroom instruction and on-the-job train-
rials provided using a grant under this section tion Agency shall protect information in accord- ing for the purpose of obtaining an industry-re-
may include information on the relationship be- ance with— lated certification to install energy efficient
tween energy codes and— (1) section 552(b)(4) of title 5, United States buildings technologies, including technologies
‘‘(A) cost-effective, high-performance, and Code (commonly known as the ‘Freedom of In- described in subsection (b)(3) of section 307 of
zero-net-energy buildings; formation Act’); the Energy Conservation and Production Act (42
(2) subchapter III of chapter 35 of title 44, U.S.C. 6836).
‘‘(B) improving resilience, health, and safety;
United States Code; and (c) FEDERAL SHARE.—The Federal share of the
‘‘(C) water savings and other environmental
(3) any other applicable law (including regu- cost of carrying out a career skills training pro-
impacts; and
lations). gram described in subsection (a) shall be 50 per-
‘‘(D) the economic impacts of energy codes.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— PART 2—WORKER TRAINING AND cent.
There are authorized to be appropriated to the CAPACITY BUILDING (d) AUTHORIZATION OF APPROPRIATIONS.—
Secretary to carry out this section— SEC. 1111. BUILDING TRAINING AND ASSESSMENT There is authorized to be appropriated to carry
‘‘(1) $25,000,000 for each of fiscal years 2021 CENTERS. out this section $10,000,000, to remain available
through 2030; and (a) IN GENERAL.—The Secretary of Energy until expended.
‘‘(2) for fiscal year 2031 and each fiscal year shall provide grants to institutions of higher PART 3—SCHOOL BUILDINGS
thereafter, such sums as are necessary.’’. education (as defined in section 101 of the High- SEC. 1121. COORDINATION OF ENERGY RETRO-
(b) CONFORMING AMENDMENTS.— er Education Act of 1965 (20 U.S.C. 1001)) and FITTING ASSISTANCE FOR SCHOOLS.
(1) TABLE OF CONTENTS.—The table of con- Tribal Colleges or Universities (as defined in Section 392 of the Energy Policy and Con-
tents for the Energy Conservation and Produc- section 316(b) of that Act (20 U.S.C. 1059c(b))) to servation Act (42 U.S.C. 6371a) is amended by
tion Act is amended by inserting after the item establish building training and assessment cen- adding at the end the following:
relating to section 308 the following: ters— ‘‘(e) COORDINATION OF ENERGY RETROFITTING
(1) to identify opportunities for optimizing en- ASSISTANCE FOR SCHOOLS.—
‘‘Sec. 309. Cost-effective codes implementation
ergy efficiency and environmental performance ‘‘(1) DEFINITION OF SCHOOL.—Notwith-
for efficiency and resilience.’’.
in buildings; standing section 391(6), for the purposes of this
(2) DEFINITIONS.—Section 303 of the Energy
(2) to promote the application of emerging subsection, the term ‘school’ means—
Conservation and Production Act (42 U.S.C.
concepts and technologies in commercial and in- ‘‘(A) an elementary school or secondary
6832) is amended, in the matter preceding para-
stitutional buildings; school (as defined in section 9101 of the Elemen-
graph (1), by striking ‘‘As used in’’ and insert- (3) to train engineers, architects, building sci- tary and Secondary Education Act of 1965 (20
ing ‘‘Except as otherwise provided, in’’. entists, building energy permitting and enforce- U.S.C. 7801));
SEC. 1103. COMMERCIAL BUILDING ENERGY CON- ment officials, and building technicians in en- ‘‘(B) an institution of higher education (as de-
SUMPTION INFORMATION SHARING.
ergy-efficient design and operation; fined in section 102(a) of the Higher Education
(a) IN GENERAL.—Not later than 120 days (4) to assist institutions of higher education Act of 1965 (20 U.S.C. 1002(a)));
after the date of enactment of this Act, the Ad- and Tribal Colleges or Universities in training ‘‘(C) a school of the defense dependents’ edu-
ministrator of the Energy Information Adminis- building technicians; cation system under the Defense Dependents’
tration (referred to in this section as the ‘‘Ad- (5) to promote research and development for Education Act of 1978 (20 U.S.C. 921 et seq.) or
ministrator’’) and the Administrator of the En- the use of alternative energy sources and dis- established under section 2164 of title 10, United
vironmental Protection Agency shall sign, and tributed generation to supply heat and power States Code;
submit to Congress, an information sharing for buildings, particularly energy-intensive ‘‘(D) a school operated by the Bureau of In-
agreement (referred to in this section as the buildings; and dian Affairs;
‘‘agreement’’) relating to commercial building (6) to coordinate with and assist State-accred- ‘‘(E) a tribally controlled school (as defined in
energy consumption data. ited technical training centers, community col- section 5212 of the Tribally Controlled Schools
(b) CONTENT OF AGREEMENT.—The agreement leges, and Tribal Colleges or Universities and Act of 1988 (25 U.S.C. 2511)); and
shall— ensure appropriate services are provided under ‘‘(F) a Tribal College or University (as defined
(1) provide that the Administrator shall have this section to each region of the United States. in section 316(b) of the Higher Education Act of
access to building-specific data in the Portfolio (b) COORDINATION AND NONDUPLICATION.— 1965 (20 U.S.C. 1059c(b))).
Manager database of the Environmental Protec- (1) IN GENERAL.—The Secretary of Energy ‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.—The
tion Agency; shall coordinate the program with the industrial Secretary, acting through the Office of Energy
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(2) describe the manner in which the Adminis- research and assessment centers program and Efficiency and Renewable Energy, shall estab-
trator shall incorporate appropriate data (in- with other Federal programs to avoid duplica- lish a clearinghouse to disseminate information
cluding the data described in subsection (c)) tion of effort. regarding available Federal programs and fi-
into any Commercial Buildings Energy Con- (2) COLLOCATION.—To the maximum extent nancing mechanisms that may be used to help
sumption Survey (referred to in this section as practicable, building, training, and assessment initiate, develop, and finance energy efficiency,
‘‘CBECS’’) published after the date of enact- centers established under this section shall be distributed generation, and energy retrofitting
ment of this Act for the purpose of analyzing collocated with Industrial Assessment Centers. projects for schools.
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H4780 CONGRESSIONAL RECORD — HOUSE September 23, 2020
‘‘(3) REQUIREMENTS.—In carrying out para- is funded by the Secretary under subsection (b); ‘‘(e) CENTERS OF EXCELLENCE.—
graph (2), the Secretary shall— and ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
‘‘(A) consult with appropriate Federal agen- ‘‘(B) an industrial research and assessment tablish a Center of Excellence at not more than
cies to develop a list of Federal programs and fi- center at a trade school, community college, or 5 of the highest-performing industrial research
nancing mechanisms that are, or may be, used union training program that is funded by the and assessment centers, as determined by the
for the purposes described in paragraph (2); and Secretary under subsection (f). Secretary.
‘‘(B) coordinate with appropriate Federal ‘‘(b) INSTITUTION OF HIGHER EDUCATION- ‘‘(2) DUTIES.—A Center of Excellence shall co-
agencies to develop a collaborative education BASED INDUSTRIAL RESEARCH AND ASSESSMENT ordinate with and advise the industrial research
and outreach effort to streamline communica- CENTERS.— and assessment centers located in the region of
tions and promote available Federal programs ‘‘(1) IN GENERAL.—The Secretary shall provide the Center of Excellence, including—
and financing mechanisms described in sub- funding to institution of higher education-based ‘‘(A) by mentoring new directors and staff of
paragraph (A), which may include the develop- industrial research and assessment centers. the industrial research and assessment centers
ment and maintenance of a single online re- ‘‘(2) PURPOSE.—The purpose of each institu- with respect to—
source that includes contact information for rel- tion of higher education-based industrial re- ‘‘(i) the availability of resources; and
evant technical assistance in the Office of En- search and assessment center shall be— ‘‘(ii) best practices for carrying out assess-
ergy Efficiency and Renewable Energy that ‘‘(A) to identify opportunities for optimizing ments, including through the participation of
States, local education agencies, and schools energy efficiency and environmental perform- the staff of the Center of Excellence in assess-
may use to effectively access and use such Fed- ance, including implementation of— ments carried out by new industrial research
eral programs and financing mechanisms.’’. ‘‘(i) smart manufacturing; and assessment centers;
‘‘(ii) energy management systems; ‘‘(B) by providing training to staff and stu-
Subtitle B—Industrial Efficiency and dents at the industrial research and assessment
Competitiveness ‘‘(iii) sustainable manufacturing; and
‘‘(iv) information technology advancements centers on new technologies, practices, and tools
PART 1—MANUFACTURING ENERGY for supply chain analysis, logistics, system mon- to expand the scope and impact of the assess-
EFFICIENCY itoring, industrial and manufacturing processes, ments carried out by the centers;
SEC. 1201. PURPOSES. and other purposes; ‘‘(C) by assisting the industrial research and
The purposes of this part are— ‘‘(B) to promote applications of emerging con- assessment centers with specialized technical
(1) to establish a clear and consistent author- cepts and technologies in small- and medium- opportunities, including by providing a clear-
ity for industrial efficiency programs of the De- sized manufacturers (including water and inghouse of available expertise and tools to as-
partment of Energy; wastewater treatment facilities and federally sist the centers and clients of the centers in as-
(2) to accelerate the deployment of tech- owned manufacturing facilities); sessing and implementing those opportunities;
nologies and practices that will increase indus- ‘‘(C) to promote research and development for ‘‘(D) by identifying and coordinating with re-
trial energy efficiency and improve productivity; the use of alternative energy sources to supply gional, State, local, and utility energy efficiency
(3) to accelerate the development and dem- heat, power, and new feedstocks for energy-in- programs for the purpose of facilitating efforts
onstration of technologies that will assist the tensive industries; by industrial research and assessment centers to
deployment goals of the industrial efficiency ‘‘(D) to coordinate with appropriate Federal connect industrial facilities receiving assess-
programs of the Department of Energy and in- and State research offices; ments from those centers with regional, State,
crease manufacturing efficiency; ‘‘(E) to provide a clearinghouse for industrial local, and utility energy efficiency programs
(4) to stimulate domestic economic growth and process and energy efficiency technical assist- that could aid the industrial facilities in imple-
improve industrial productivity and competitive- ance resources; and menting any recommendations resulting from
ness; ‘‘(F) to coordinate with State-accredited tech- the assessments;
(5) to meet the future workforce needs of in- nical training centers and community colleges, ‘‘(E) by facilitating coordination between the
dustry; and while ensuring appropriate services to all re- industrial research and assessment centers and
(6) to strengthen partnerships between Fed- gions of the United States. other Federal programs described in paragraphs
eral and State governmental agencies and the ‘‘(c) COORDINATION.—To increase the value (1) through (3) of subsection (c); and
private and academic sectors. ‘‘(F) by coordinating the outreach activities of
and capabilities of the industrial research and
the industrial research and assessment centers
SEC. 1202. FUTURE OF INDUSTRY PROGRAM AND assessment centers, the centers shall—
INDUSTRIAL RESEARCH AND AS- ‘‘(1) coordinate with Manufacturing Exten- under subsection (d)(1).
SESSMENT CENTERS. ‘‘(3) FUNDING.—Subject to the availability of
sion Partnership Centers of the National Insti-
appropriations, for each fiscal year, out of any
(a) FUTURE OF INDUSTRY PROGRAM.—Section tute of Standards and Technology;
amounts made available to carry out this section
452 of the Energy Independence and Security ‘‘(2) coordinate with the Federal Energy Man-
under subsection (i), the Secretary shall use not
Act of 2007 (42 U.S.C. 17111) is amended— agement Program and the Building Tech-
(1) by striking the section heading and insert- less than $500,000 to support each Center of Ex-
nologies Program of the Department of Energy
ing the following: ‘‘FUTURE OF INDUSTRY PRO- cellence.
to provide building assessment services to manu- ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND
GRAM’’; facturers; ASSESSMENT CENTERS.—
(2) in subsection (a)(2)— ‘‘(3) increase partnerships with the National ‘‘(1) IN GENERAL.—The Secretary shall provide
(A) by redesignating subparagraph (E) as sub- Laboratories of the Department of Energy to le- funding to establish additional industrial re-
paragraph (F); and verage the expertise, technologies, and research search and assessment centers at trade schools,
(B) by inserting after subparagraph (D) the and development capabilities of the National community colleges, and union training pro-
following: Laboratories for national industrial and manu- grams.
‘‘(E) water and wastewater treatment facili- facturing needs; ‘‘(2) PURPOSE.—
ties, including systems that treat municipal, in- ‘‘(4) increase partnerships with energy service ‘‘(A) IN GENERAL.—Subject to subparagraph
dustrial, and agricultural waste; and’’; providers and technology providers to leverage (B), to the maximum extent practicable, an in-
(3) by striking subsection (e); and private sector expertise and accelerate deploy- dustrial research and assessment center estab-
(4) by redesignating subsection (f) as sub- ment of new and existing technologies and proc- lished under paragraph (1) shall have the same
section (e). esses for energy efficiency, power factor, and purpose as an institution of higher education-
(b) INDUSTRIAL RESEARCH AND ASSESSMENT load management; based industrial research center that is funded
CENTERS.—Subtitle D of title IV of the Energy ‘‘(5) identify opportunities for reducing green- by the Secretary under subsection (b)(1).
Independence and Security Act of 2007 (42 house gas emissions and other air emissions; and ‘‘(B) CONSIDERATION OF CAPABILITIES.—In
U.S.C. 17111 et seq.) is amended by adding at ‘‘(6) promote sustainable manufacturing prac- evaluating or establishing the purpose of an in-
the end the following: tices for small- and medium-sized manufactur- dustrial research and assessment center estab-
‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESS- ers. lished under paragraph (1), the Secretary shall
MENT CENTERS. ‘‘(d) OUTREACH.—The Secretary shall provide take into consideration the varying capabilities
‘‘(a) DEFINITIONS.—In this section: funding for— of trade schools, community colleges, and union
‘‘(1) ENERGY SERVICE PROVIDER.—The term ‘‘(1) outreach activities by the industrial re- training programs.
‘energy service provider’ means— search and assessment centers to inform small- ‘‘(g) WORKFORCE TRAINING.—
‘‘(A) any business providing technology or and medium-sized manufacturers of the infor- ‘‘(1) INTERNSHIPS.—The Secretary shall pay
services to improve the energy efficiency, water mation, technologies, and services available; the Federal share of associated internship pro-
efficiency, power factor, or load management of and grams under which students work with or for
a manufacturing site or other industrial process ‘‘(2) coordination activities by each industrial industries, manufacturers, and energy service
in an energy-intensive industry (as defined in research and assessment center to leverage ef- providers to implement the recommendations of
section 452(a)); and forts with— industrial research and assessment centers.
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‘‘(B) any utility operating under a utility en- ‘‘(A) Federal and State efforts; ‘‘(2) APPRENTICESHIPS.—The Secretary shall
ergy service project. ‘‘(B) the efforts of utilities and energy service pay the Federal share of associated apprentice-
‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT providers; ship programs under which—
CENTER.—The term ‘industrial research and as- ‘‘(C) the efforts of regional energy efficiency ‘‘(A) students work with or for industries,
sessment center’ means— organizations; and manufacturers, and energy service providers to
‘‘(A) an institution of higher education-based ‘‘(D) the efforts of other industrial research implement the recommendations of industrial re-
industrial research and assessment center that and assessment centers. search and assessment centers; and
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4781
‘‘(B) employees of facilities that have received SEC. 1204. CONFORMING AMENDMENTS. (2) APPLICATION.—To be eligible to receive a
an assessment from an industrial research and (a) Section 106 of the Energy Policy Act of rebate under this section, a qualified entity
assessment center work with or for an industrial 2005 (42 U.S.C. 15811) and the item relating to shall submit to the Secretary of Energy—
research and assessment center to gain knowl- such section in the table of contents of such Act (A) an application in such form, at such time,
edge on engineering practices and processes to are repealed. and containing such information as the Sec-
improve productivity and energy savings. (b) Sections 131, 132, 133, 2103, and 2107 of the retary of Energy may require; and
‘‘(3) FEDERAL SHARE.—The Federal share of Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, (B) a certification that includes demonstrated
the cost of carrying out internship programs de- 6350, 13453, 13456) and the items relating to such evidence—
scribed in paragraph (1) and apprenticeship section in the table of contents of such Act are (i) that the entity is a qualified entity; and
programs described in paragraph (2) shall be 50 repealed. (ii)(I) in the case of a qualified entity de-
percent. (c) Section 2101(a) of the Energy Policy Act of scribed in paragraph (1)(A)—
‘‘(h) SMALL BUSINESS LOANS.—The Adminis- 1992 (42 U.S.C. 13451(a)) is amended in the third (aa) that the qualified entity installed the
trator of the Small Business Administration sentence by striking ‘‘sections 2102, 2103, 2104, qualified extended product system during the 2
shall, to the maximum extent practicable, expe- 2105, 2106, 2107, and 2108’’ and inserting ‘‘sec- fiscal years following the date of enactment of
dite consideration of applications from eligible tions 2102, 2104, 2105, 2106, and 2108 of this Act this Act;
small business concerns for loans under the and section 376 of the Energy Policy and Con- (bb) that the qualified extended product sys-
Small Business Act (15 U.S.C. 631 et seq.) to im- servation Act,’’. tem meets the requirements of subsection
plement recommendations developed by the in- PART 2—EXTENDED PRODUCT SYSTEM (a)(4)(A); and
dustrial research and assessment centers. REBATE PROGRAM (cc) showing the serial number, manufacturer,
‘‘(i) FUNDING.—There is authorized to be ap- SEC. 1211. EXTENDED PRODUCT SYSTEM REBATE and model number from the nameplate of the in-
propriated to the Secretary to carry out this sec- PROGRAM. stalled motor of the qualified entity on which
tion $30,000,000 for each fiscal year, to remain (a) DEFINITIONS.—In this section: the qualified extended product system was in-
available until expended.’’. (1) ELECTRIC MOTOR.—The term ‘‘electric stalled; or
(c) CLERICAL AMENDMENTS.—The table of con- motor’’ has the meaning given the term in sec- (II) in the case of a qualified entity described
tents of the Energy Independence and Security tion 431.12 of title 10, Code of Federal Regula- in paragraph (1)(B), demonstrated evidence—
Act of 2007 (42 U.S.C. prec. 17001) is amended— tions (as in effect on the date of enactment of (aa) that the qualified extended product sys-
(1) in the item relating to section 452, by strik- this Act). tem meets the requirements of subsection
ing ‘‘Energy-intensive industries program’’ and (2) ELECTRONIC CONTROL.—The term ‘‘elec- (a)(4)(B); and
inserting ‘‘Future of industry program’’; and tronic control’’ means— (bb) showing the serial number, manufacturer,
(2) by adding at the end of the items relating (A) a power converter; or and model number from the nameplate of the in-
to subtitle D of title IV the following: (B) a combination of a power circuit and con- stalled motor of the qualified entity with which
SEC. 1203. SUSTAINABLE MANUFACTURING INI- trol circuit included on 1 chassis. the extended product system is integrated.
TIATIVE. (3) EXTENDED PRODUCT SYSTEM.—The term (d) AUTHORIZED AMOUNT OF REBATE.—
(a) IN GENERAL.—Part E of title III of the En- ‘‘extended product system’’ means an electric (1) IN GENERAL.—The Secretary of Energy may
ergy Policy and Conservation Act (42 U.S.C. motor and any required associated electronic provide to a qualified entity a rebate in an
6341 et seq.) is amended by adding at the end control and driven load that— amount equal to the product obtained by multi-
the following: (A) offers variable speed or multispeed oper- plying—
‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI- ation; (A) an amount equal to the sum of the name-
TIATIVE. (B) offers partial load control that reduces plate rated horsepower of—
‘‘(a) IN GENERAL.—As part of the Office of input energy requirements (as measured in kilo- (i) the electric motor to which the qualified ex-
Energy Efficiency and Renewable Energy of the watt-hours) as compared to identified base levels tended product system is attached; and
Department of Energy, the Secretary, on the re- set by the Secretary of Energy; and (ii) the electronic control; and
quest of a manufacturer, shall carry out onsite (C)(i) has greater than 1 horsepower; and (B) $25.
technical assessments to identify opportunities (ii) uses an extended product system tech- (2) MAXIMUM AGGREGATE AMOUNT.—A quali-
for— nology, as determined by the Secretary of En- fied entity shall not be entitled to aggregate re-
‘‘(1) maximizing the energy efficiency of in- ergy. bates under this section in excess of $25,000 per
dustrial processes and cross-cutting systems; (4) QUALIFIED EXTENDED PRODUCT SYSTEM.— calendar year.
(A) IN GENERAL.—The term ‘‘qualified ex- (e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(2) preventing pollution and minimizing
tended product system’’ means an extended There is authorized to be appropriated to carry
waste;
‘‘(3) improving efficient use of water in manu- product system that— out this section $5,000,000 for each of the first 2
(i) includes an electric motor and an electronic full fiscal years following the date of enactment
facturing processes;
control; and of this Act, to remain available until expended.
‘‘(4) conserving natural resources; and
(ii) reduces the input energy (as measured in PART 3—TRANSFORMER REBATE
‘‘(5) achieving such other goals as the Sec-
kilowatt-hours) required to operate the extended PROGRAM
retary determines to be appropriate.
product system by not less than 5 percent, as
‘‘(b) COORDINATION.—To implement any rec- SEC. 1221. ENERGY EFFICIENT TRANSFORMER RE-
compared to identified base levels set by the Sec-
ommendations resulting from an onsite technical BATE PROGRAM.
retary of Energy.
assessment carried out under subsection (a) and (a) DEFINITIONS.—In this section:
(B) INCLUSIONS.—The term ‘‘qualified ex-
to accelerate the adoption of new and existing (1) QUALIFIED ENERGY EFFICIENT TRANS-
tended product system’’ includes commercial or
technologies and processes that improve energy FORMER.—The term ‘‘qualified energy efficient
industrial machinery or equipment that—
efficiency, the Secretary shall coordinate with— transformer’’ means a transformer that meets or
(i)(I) did not previously make use of the ex-
‘‘(1) the Advanced Manufacturing Office of exceeds the applicable energy conservation
tended product system prior to the redesign de-
the Department of Energy; standards described in the tables in subsection
scribed in subclause (II); and
‘‘(2) the Building Technologies Office of the (b)(2) and paragraphs (1) and (2) of subsection
(II) incorporates an extended product system
Department of Energy; (c) of section 431.196 of title 10, Code of Federal
that has greater than 1 horsepower into rede-
‘‘(3) the Federal Energy Management Program Regulations (as in effect on the date of enact-
signed machinery or equipment; and
of the Department of Energy; and (ii) was previously used prior to, and was ment of this Act).
‘‘(4) the private sector and other appropriate placed back into service during, calendar year (2) QUALIFIED ENERGY INEFFICIENT TRANS-
agencies, including the National Institute of 2021 or 2022. FORMER.—The term ‘‘qualified energy inefficient
Standards and Technology. (b) ESTABLISHMENT.—Not later than 180 days transformer’’ means a transformer with an
‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM after the date of enactment of this Act, the Sec- equal number of phases and capacity to a trans-
FOR SUSTAINABLE MANUFACTURING AND INDUS- former described in any of the tables in sub-
retary of Energy shall establish a program to
TRIAL TECHNOLOGIES AND PROCESSES.—As part section (b)(2) and paragraphs (1) and (2) of sub-
provide rebates for expenditures made by quali-
of the industrial efficiency programs of the De- fied entities for the purchase or installation of a section (c) of section 431.196 of title 10, Code of
partment of Energy, the Secretary shall carry qualified extended product system. Federal Regulations (as in effect on the date of
out a joint industry-government partnership (c) QUALIFIED ENTITIES.— enactment of this Act) that—
program to research, develop, and demonstrate (1) ELIGIBILITY REQUIREMENTS.—A qualified (A) does not meet or exceed the applicable en-
new sustainable manufacturing and industrial entity under this section shall be— ergy conservation standards described in para-
technologies and processes that maximize the (A) in the case of a qualified extended product graph (1); and
energy efficiency of industrial plants, reduce system described in subsection (a)(4)(A), the (B)(i) was manufactured between January 1,
pollution, and conserve natural resources.’’. purchaser of the qualified extended product that 1987, and December 31, 2008, for a transformer
(b) CLERICAL AMENDMENT.—The table of con-
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is installed; and with an equal number of phases and capacity as
tents of the Energy Policy and Conservation Act (B) in the case of a qualified extended product a transformer described in the table in sub-
(42 U.S.C. prec. 6201) is amended by adding at system described in subsection (a)(4)(B), the section (b)(2) of section 431.196 of title 10, Code
the end of the items relating to part E of title III manufacturer of the commercial or industrial of Federal Regulations (as in effect on the date
the following: machinery or equipment that incorporated the of enactment of this Act); or
‘‘Sec. 376. Sustainable manufacturing initia- extended product system into that machinery or (ii) was manufactured between January 1,
tive.’’. equipment. 1992, and December 31, 2011, for a transformer
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H4782 CONGRESSIONAL RECORD — HOUSE September 23, 2020
with an equal number of phases and capacity as ‘‘(b) DEVELOPMENT OF IMPLEMENTATION functionality of data centers, information tech-
a transformer described in the table in para- STRATEGY.—Not later than 1 year after the date nology equipment, and software, such as rep-
graph (1) or (2) of subsection (c) of that section of enactment of this section, each Federal agen- resentatives of hardware manufacturers, data
(as in effect on the date of enactment of this cy shall coordinate with the Director, the Sec- center operators, and facility managers;
Act). retary, and the Administrator of the Environ- ‘‘(2) obtain and address input from Depart-
(3) QUALIFIED ENTITY.—The term ‘‘qualified mental Protection Agency to develop an imple- ment of Energy National Laboratories or any
entity’’ means an owner of industrial or manu- mentation strategy (that includes best practices college, university, research institution, indus-
facturing facilities, commercial buildings, or and measurement and verification techniques) try association, company, or public interest
multifamily residential buildings, a utility, or for the maintenance, purchase, and use by the group with applicable expertise;
an energy service company that fulfills the re- Federal agency of energy-efficient and energy- ‘‘(3) follow—
quirements of subsection (d). saving information technologies at or for feder- ‘‘(A) commonly accepted procedures for the
(b) ESTABLISHMENT.—Not later than 90 days ally owned and operated facilities, taking into development of specifications; and
after the date of enactment of this Act, the Sec- ‘‘(B) accredited standards development proc-
consideration the performance goals established
retary of Energy shall establish a program to esses; and
under subsection (d). ‘‘(4) have a mission to promote energy effi-
provide rebates to qualified entities for expendi- ‘‘(c) ADMINISTRATION.—In developing an im- ciency for data centers and information tech-
tures made by the qualified entity for the re- plementation strategy under subsection (b), each nology.
placement of a qualified energy inefficient Federal agency shall consider— ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—
transformer with a qualified energy efficient ‘‘(1) advanced metering infrastructure; The Secretary and the Administrator shall con-
transformer. ‘‘(2) energy-efficient data center strategies sider and assess the adequacy of the specifica-
(c) REQUIREMENTS.—To be eligible to receive a and methods of increasing asset and infrastruc- tions, measurements, best practices, and bench-
rebate under this section, an entity shall submit ture utilization; marks described in subsection (b) for use by the
to the Secretary of Energy an application in ‘‘(3) advanced power management tools;
Federal Energy Management Program, the En-
such form, at such time, and containing such ‘‘(4) building information modeling, including
ergy Star Program, and other efficiency pro-
information as the Secretary of Energy may re- building energy management;
grams of the Department of Energy or the Envi-
quire, including demonstrated evidence— ‘‘(5) secure telework and travel substitution
ronmental Protection Agency.
(1) that the entity purchased a qualified en- tools; and
‘‘(e) STUDY.—The Secretary, in collaboration
ergy efficient transformer; ‘‘(6) mechanisms to ensure that the agency re-
with the Administrator, shall, not later than 4
(2) of the core loss value of the qualified en- alizes the energy cost savings brought about
years after the date of enactment of the Clean
ergy efficient transformer; through increased efficiency and utilization.
Economy Jobs and Innovation Act, make avail-
(3) of the age of the qualified energy ineffi- ‘‘(d) PERFORMANCE GOALS.—
‘‘(1) IN GENERAL.—Not later than 180 days able to the public an update to the report of the
cient transformer being replaced;
(4) of the core loss value of the qualified en- after the date of enactment of this section, the Lawrence Berkeley National Laboratory entitled
ergy inefficient transformer being replaced— Director, in consultation with the Secretary, ‘United States Data Center Energy Usage Re-
(A) as measured by a qualified professional or shall establish performance goals for evaluating port’ and dated June, 2016 (prepared as an up-
verified by the equipment manufacturer, as ap- the efforts of Federal agencies in improving the date to the Report to Congress on Server and
plicable; or maintenance, purchase, and use of energy-effi- Data Center Energy Efficiency, published on
(B) for transformers described in subsection cient and energy-saving information technology August 2, 2007, under section 1 of Public Law
(a)(2)(B)(i), as selected from a table of default at or for federally owned and operated facilities. 109–431 (120 Stat. 2920)), that includes—
values as determined by the Secretary of Energy ‘‘(1) a comparison and gap analysis of the es-
‘‘(2) BEST PRACTICES.—The Chief Information
in consultation with applicable industry; and timates and projections contained in the report
Officers Council established under section 3603
(5) that the qualified energy inefficient trans- with new data regarding the period from 2015
of title 44, United States Code, shall recommend
former has been permanently decommissioned through 2020;
best practices for the attainment of the perform-
and scrapped. ‘‘(2) an analysis considering the impact of in-
ance goals, which shall include Federal agency
(d) AUTHORIZED AMOUNT OF REBATE.—The formation technologies, including virtualization
consideration of, to the extent applicable by
amount of a rebate provided under this section and cloud computing, in the public and private
law, the use of—
shall be— sectors;
‘‘(A) energy savings performance contracting; ‘‘(3) an evaluation of the impact of the com-
(1) for a 3-phase or single-phase transformer and
with a capacity of not less than 10 and not bination of cloud platforms, mobile devices, so-
‘‘(B) utility energy services contracting.
greater than 2,500 kilovolt-amperes, twice the cial media, and big data on data center energy
‘‘(e) REPORTS.—
amount equal to the difference in Watts between usage;
‘‘(1) AGENCY REPORTS.—Each Federal agency
‘‘(4) an evaluation of water usage in data cen-
the core loss value (as measured in accordance shall include in the report of the agency under
ters and recommendations for reductions in such
with paragraphs (2) and (4) of subsection (c)) section 527 a description of the efforts and re-
water usage; and
of— sults of the agency under this section. ‘‘(5) updated projections and recommenda-
(A) the qualified energy inefficient trans- ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS tions for best practices through fiscal year 2025.
former; and AND SCORECARDS.—Effective beginning not later ‘‘(f) DATA CENTER ENERGY PRACTITIONER
(B) the qualified energy efficient transformer; than October 1, 2021, the Director shall include PROGRAM.—The Secretary, in collaboration with
or in the annual report and scorecard of the Direc- key stakeholders and the Director of the Office
(2) for a transformer described in subsection tor required under section 528 a description of of Management and Budget, shall maintain a
(a)(2)(B)(i), the amount determined using a the efforts and results of Federal agencies under data center energy practitioner program that
table of default rebate values by rated trans- this section.’’. leads to the certification of energy practitioners
former output, as measured in kilovolt-amperes, (b) CONFORMING AMENDMENT.—The table of qualified to evaluate the energy usage and effi-
as determined by the Secretary of Energy in contents for the Energy Independence and Secu- ciency opportunities in federally owned and op-
consultation with applicable industry. rity Act of 2007 is amended by adding after the erated data centers. Each Federal agency shall
(e) AUTHORIZATION OF APPROPRIATIONS.— item relating to section 529 the following: consider having the data centers of the agency
There is authorized to be appropriated to carry ‘‘Sec. 530. Energy-efficient and energy-saving evaluated every 4 years, in accordance with sec-
out this section $5,000,000 for each of fiscal information technologies.’’. tion 543(f) of the National Energy Conservation
years 2021 and 2022, to remain available until
SEC. 1302. ENERGY EFFICIENT DATA CENTERS. Policy Act, by energy practitioners certified pur-
expended.
(f) TERMINATION OF EFFECTIVENESS.—The au- Section 453 of the Energy Independence and suant to such program.
Security Act of 2007 (42 U.S.C. 17112) is amend- ‘‘(g) OPEN DATA INITIATIVE.—The Secretary,
thority provided by this section terminates on
ed— in collaboration with key stakeholders and the
December 31, 2022.
(1) in subsection (b)— Office of Management and Budget, shall estab-
Subtitle C—Federal Agency Energy Efficiency (A) in paragraph (2)(D)(iv), by striking ‘‘de- lish an open data initiative relating to energy
SEC. 1301. ENERGY-EFFICIENT AND ENERGY-SAV- termined by the organization’’ and inserting usage at federally owned and operated data
ING INFORMATION TECHNOLOGIES. ‘‘proposed by the stakeholders’’; and centers, with the purpose of making such data
(a) IN GENERAL.—Subtitle C of title V of the (B) by striking paragraph (3); and available and accessible in a manner that en-
Energy Independence and Security Act of 2007 (2) by striking subsections (c) through (g) and courages further data center innovation, optimi-
(Public Law 110–140; 121 Stat. 1661) is amended inserting the following: zation, and consolidation. In establishing the
by adding at the end the following: ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Sec- initiative, the Secretary shall consider the use of
‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAV- retary and the Administrator shall carry out the online Data Center Maturity Model.
ING INFORMATION TECHNOLOGIES. subsection (b) in collaboration with information ‘‘(h) INTERNATIONAL SPECIFICATIONS AND
‘‘(a) DEFINITIONS.—In this section: technology industry and other key stakeholders, METRICS.—The Secretary, in collaboration with
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‘‘(1) DIRECTOR.—The term ‘Director’ means with the goal of producing results that accu- key stakeholders, shall actively participate in
the Director of the Office of Management and rately reflect the most relevant and useful infor- efforts to harmonize global specifications and
Budget. mation. In such collaboration, the Secretary metrics for data center energy and water effi-
‘‘(2) INFORMATION TECHNOLOGY.—The term and the Administrator shall pay particular at- ciency.
‘information technology’ has the meaning given tention to organizations that— ‘‘(i) DATA CENTER UTILIZATION METRIC.—The
that term in section 11101 of title 40, United ‘‘(1) have members with expertise in energy ef- Secretary, in collaboration with key stake-
States Code. ficiency and in the development, operation, and holders, shall facilitate in the development of an
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4783
efficiency metric that measures the energy effi- square foot) at facilities of the agency by 2.5 ‘‘(I) this section and sections 544, 546, 547, and
ciency of a data center (including equipment percent each fiscal year, relative to the average 548; and
and facilities). building energy intensity of the facilities of the ‘‘(II) section 203 of the Energy Policy Act of
‘‘(j) PROTECTION OF PROPRIETARY INFORMA- agency in fiscal year 2018; and 2005 (42 U.S.C. 15852);
TION.—The Secretary and the Administrator (2) for each of fiscal years 2020 through 2030, ‘‘(iii)(I) collect energy and water use and con-
shall not disclose any proprietary information improve water use efficiency and management, sumption data from each agency; and
or trade secrets provided by any individual or including stormwater management, at facilities ‘‘(II) based on that data, submit to each agen-
company for the purposes of carrying out this of the agency by reducing agency water con- cy a report that will facilitate the energy and
section or the programs and initiatives estab- sumption intensity— water management, energy-related investment
lished under this section.’’. (A) by reducing the potable water consump- practices, and environmental stewardship of the
Subtitle D—Regulatory Provisions tion by 54 percent by fiscal year 2030, relative to agency in support of Federal goals under this
the potable water consumption of the agency in Act and under other provisions of law;
PART 1—FEDERAL GREEN BUILDINGS fiscal year 2007, through reductions of 2 percent ‘‘(iv) carry out the responsibilities of the Sec-
SEC. 1401. HIGH-PERFORMANCE GREEN FEDERAL each fiscal year (as measured in gallons per
BUILDINGS.
retary under section 305 of the Energy Con-
gross square foot); servation and Production Act (42 U.S.C. 6834);
Section 436(h) of the Energy Independence (B) by reducing the industrial, landscaping, ‘‘(v) in consultation with the Administrator of
and Security Act of 2007 (42 U.S.C. 17092(h)) is and agricultural water consumption of the the General Services Administration, acting
amended— agency, as compared to a baseline of that con- through the head of the Office of High-Perform-
(1) in the subsection heading, by striking sumption by the agency in fiscal year 2010, ance Green Buildings, establish and implement
‘‘SYSTEM’’ and inserting ‘‘SYSTEMS’’; through reductions of 2 percent each fiscal year sustainable design principles for Federal facili-
(2) by striking paragraph (1) and inserting the (as measured in gallons); and ties; and
following: (C) by installing appropriate infrastructure
‘‘(vi) designate products that meet the highest
‘‘(1) IN GENERAL.—Based on an ongoing re- features on federally owned property to improve
energy conservation standards for categories not
view, the Federal Director shall identify and stormwater and wastewater management.
covered under the Energy Star program estab-
shall provide to the Secretary pursuant to sec- (c) ENERGY MANAGEMENT REQUIREMENTS.—
lished under section 324A of the Energy Policy
tion 305(a)(3)(D) of the Energy Conservation Section 543 of the National Energy Conservation
and Conservation Act (42 U.S.C. 6294a).
and Production Act (42 U.S.C. 6834(a)(3)(D)) a Policy Act (42 U.S.C. 8253) is amended by add-
list of those certification systems that the Direc- ‘‘(C) FEDERAL INTERAGENCY COORDINATION.—
ing at the end the following:
tor identifies as the most likely to encourage a ‘‘(h) FEDERAL ENERGY MANAGEMENT PRO- In administering the Program, the Federal Di-
comprehensive and environmentally sound ap- GRAM.—
rector shall—
proach to certification of green buildings.’’; and ‘‘(1) IN GENERAL.—The Secretary shall carry ‘‘(i) develop and implement accredited train-
(3) in paragraph (2)— out a program, to be known as the ‘Federal En- ing consistent with existing Federal programs
(A) in the matter preceding subparagraph (A), ergy Management Program’ (referred to in this and activities—
by striking ‘‘system’’ and inserting ‘‘systems’’; subsection as the ‘Program’), to facilitate the ‘‘(I) relating to energy and water use, man-
(B) by striking subparagraph (A) and insert- implementation by the Federal Government of agement, and resilience in Federal facilities, en-
ing the following: cost-effective energy and water management ergy-related investment practices, and environ-
‘‘(A) an ongoing review provided to the Sec- and energy-related investment practices— mental stewardship; and
retary pursuant to section 305(a)(3)(D) of the ‘‘(A) to coordinate and strengthen Federal en- ‘‘(II) that includes in-person training, inter-
Energy Conservation and Production Act (42 ergy and water resilience; and net-based programs, and national in-person
U.S.C. 6834(a)(3)(D)), which shall— ‘‘(B) to promote environmental stewardship. training events;
‘‘(i) be carried out by the Federal Director to ‘‘(2) FEDERAL DIRECTOR.—The Secretary shall ‘‘(ii) carry out the functions of the Secretary
compare and evaluate standards; and appoint an individual to serve as the director of with respect to the Interagency Energy Manage-
‘‘(ii) allow any developer or administrator of a the Program (referred to in this subsection as ment Task Force under section 547; and
rating system or certification system to be in- the ‘Federal Director’), which shall be a career ‘‘(iii) report on the implementation of the pri-
cluded in the review;’’; position in the Senior Executive service, to ad- orities of the President, including Executive or-
(C) in subparagraph (E)(v), by striking ‘‘and’’ minister the Program. ders, relating to energy and water use in Fed-
after the semicolon at the end; ‘‘(3) PROGRAM ACTIVITIES.— eral facilities, in coordination with—
(D) in subparagraph (F), by striking the pe- ‘‘(A) STRATEGIC PLANNING AND TECHNICAL AS- ‘‘(I) the Office of Management and Budget;
riod at the end and inserting a semicolon; and SISTANCE.—In administering the Program, the ‘‘(II) the Council on Environmental Quality;
(E) by adding at the end the following: Federal Director shall— and
‘‘(G) a finding that, for all credits addressing ‘‘(i) provide technical assistance and project ‘‘(III) any other entity, as considered nec-
the sourcing of grown, harvested, or mined ma- implementation support and guidance to agen- essary by the Federal Director.
terials, the system rewards the use of products cies to identify, implement, procure, and track ‘‘(D) FACILITY AND FLEET OPTIMIZATION.—In
that have obtained certifications of responsible energy and water conservation measures re- administering the Program, the Federal Director
sourcing, such as certifications provided by the quired under this Act and under other provi- shall develop guidance, supply assistance to,
Sustainable Forestry Initiative, the Forest Stew- sions of law; and track the progress of agencies—
ardship Council, the American Tree Farm Sys- ‘‘(ii) in coordination with the Administrator of ‘‘(i) in conducting portfolio-wide facility en-
tem, or the Programme for the Endorsement of the General Services Administration, establish ergy and water resilience planning and project
Forest Certification; and appropriate procedures, methods, and best prac- integration;
‘‘(H) a finding that the system incorporates tices for use by agencies to select, monitor, and ‘‘(ii) in building new construction and major
life-cycle assessment as a credit pathway.’’. terminate contracts entered into pursuant to a renovations to meet the sustainable design and
utility incentive program under section 546(c) energy and water performance standards re-
PART 2—ENERGY AND WATER PERFORM-
with utilities; quired under this section;
ANCE REQUIREMENTS FOR FEDERAL ‘‘(iii) carry out the responsibilities of the Sec-
BUILDINGS ‘‘(iii) in developing guidelines for—
retary under section 801, as determined appro-
SEC. 1411. FEDERAL ENERGY MANAGEMENT PRO- ‘‘(I) facility commissioning; and
priate by the Secretary;
GRAM. ‘‘(II) facility operations and maintenance;
‘‘(iv) establish and maintain internet-based
(a) FINDINGS.—Congress finds the following: and
information resources and project tracking sys-
(1) The Federal Government is the largest en- tems and tools for energy and water manage- ‘‘(iv) in coordination with the Administrator
ergy user in the United States. ment; of the General Services Administration, in meet-
(2) Reducing energy and water use in Federal ‘‘(v) coordinate comprehensive and strategic ing statutory and agency goals for Federal fleet
facilities— approaches to energy and water resilience plan- vehicles.
(A) saves taxpayer dollars; ning for agencies; and ‘‘(4) MANAGEMENT COUNCIL.—The Federal Di-
(B) reduces greenhouse gas emissions from the ‘‘(vi) establish a recognition program for Fed- rector shall establish a management council to
Federal sector; and eral achievement in energy and water manage- advise the Federal Director that shall—
(C) increases employee comfort and produc- ment, energy-related investment practices, envi- ‘‘(A) convene not less frequently than once
tivity. ronmental stewardship, and other relevant every quarter; and
(3) It is important for the Federal Government areas, through events such as individual rec- ‘‘(B) consist of representatives from—
to— ognition award ceremonies and public an- ‘‘(i) the Council on Environmental Quality;
(A) develop goals for energy and water use re- nouncements. ‘‘(ii) the Office of Management and Budget;
duction in Federal facilities; and ‘‘(B) ENERGY AND WATER MANAGEMENT AND and
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(B) to the maximum extent practicable, take REPORTING.—In administering the Program, the ‘‘(iii) the Office of Federal High-Performance
measures that are life cycle cost effective. Federal Director shall— Green Buildings in the General Services Admin-
(b) SENSE OF CONGRESS.—It is the sense of ‘‘(i) track and report on the progress of agen- istration.
Congress that Federal agencies should— cies in meeting the requirements of the agency ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
(1) for each of fiscal years 2020 through 2030, under this section; There is authorized to be appropriated to the
reduce average building energy intensity (as ‘‘(ii) make publicly available agency perform- Secretary to carry out this subsection $36,000,000
measured in British thermal units per gross ance data required under— for each of fiscal years 2021 through 2025.’’.
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H4784 CONGRESSIONAL RECORD — HOUSE September 23, 2020
SEC. 1412. FEDERAL BUILDING ENERGY EFFI- (II) of subparagraph (A)(i) should be updated to comfort, acoustics, day lighting, pollutant
CIENCY PERFORMANCE STANDARDS; reflect the revisions, based on the energy sav- source control, and use of low-emission mate-
CERTIFICATION SYSTEM AND LEVEL rials and building system controls;
ings and life cycle cost-effectiveness of the revi-
FOR GREEN BUILDINGS.
sions.’’; ‘‘(dd) the responsible sourcing of grown, har-
(a) DEFINITIONS.—Section 303 of the Energy (B) in subparagraph (C), by striking ‘‘(C) In vested, or mined materials, including through
Conservation and Production Act (42 U.S.C. the budget request’’ and inserting the following: certifications of responsible sourcing, such as
6832) is further amended by adding at the end ‘‘(C) BUDGET REQUEST.—In the budget re- certifications provided by the Forest Steward-
the following: quest’’; and ship Council, the Sustainable Forestry Initia-
‘‘(19) MAJOR RENOVATION.—The term ‘major (C) in subparagraph (D)— tive, the American Tree Farm System, or the
renovation’ means a modification of the energy (i) by striking subclause (III) of clause (i); Programme for the Endorsement of Forest Cer-
systems of a building that is sufficiently exten- (ii) by striking ‘‘(D) Not later than’’ and in- tification; and
sive to ensure that the entire building can serting the following: ‘‘(ee) such other criteria as the Secretary de-
achieve compliance with applicable energy ‘‘(D) STANDARDS; CERTIFICATION FOR GREEN termines to be appropriate; and
standards for new buildings, as established by BUILDINGS.— ‘‘(V) national recognition within the building
the Secretary.’’. ‘‘(i) STANDARDS.—Not later than’’; industry.
(b) FEDERAL BUILDING EFFICIENCY STAND- (iii) by striking ‘‘standards that require that:’’ ‘‘(vii) REVIEW.—The Secretary, in consulta-
ARDS.—Section 305 of the Energy Conservation and all that follows through ‘‘For new Federal tion with the Administrator of General Services
and Production Act (42 U.S.C. 6834) is amend- buildings’’ and inserting ‘‘standards that re- and the Secretary of Defense, shall conduct an
ed— quire that, for new buildings’’; and ongoing review to evaluate and compare private
(1) in subsection (a)(3)— (iv) by striking clauses (ii) through (vii) and sector green building certification systems, tak-
(A) by striking ‘‘(3)(A) Not later than’’ and all inserting the following: ing into account—
that follows through subparagraph (B) and in- ‘‘(ii) SUSTAINABLE DESIGN PRINCIPLES.—Sus- ‘‘(I) the criteria described in clause (vi); and
serting the following: tainable design principles shall be applied to the ‘‘(II) the identification made by the Federal
‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI- siting, design, and construction of buildings Director under section 436(h) of the Energy
CIENCY PERFORMANCE STANDARDS; CERTIFI- covered by this subparagraph. Independence and Security Act of 2007 (42
CATION FOR GREEN BUILDINGS.— ‘‘(iii) SELECTION OF CERTIFICATION SYSTEMS.— U.S.C. 17092(h)).
‘‘(A) REVISED FEDERAL BUILDING ENERGY EFFI- The Secretary, after reviewing the findings of ‘‘(viii) EXCLUSIONS.—
the Federal Director under section 436(h) of the ‘‘(I) IN GENERAL.—Subject to subclause (II), if
CIENCY PERFORMANCE STANDARDS.—
Energy Independence and Security Act of 2007 a certification system fails to meet the review re-
‘‘(i) IN GENERAL.—Not later than 1 year after
(42 U.S.C. 17092(h)), in consultation with the quirements of clause (vi), the Secretary shall—
the date of enactment of the Clean Economy ‘‘(aa) identify the portions of the system,
Jobs and Innovation Act, the Secretary shall es- Administrator of General Services, and in con-
sultation with the Secretary of Defense relating whether prerequisites, credits, points, or other-
tablish, by regulation, revised Federal building wise, that meet the review criteria of clause (vi);
energy efficiency performance standards that to those facilities under the custody and control
‘‘(bb) determine the portions of the system
require that— of the Department of Defense, shall determine
that are suitable for use; and
‘‘(I) subject to clause (ii), new Federal build- those certification systems for green commercial ‘‘(cc) exclude all other portions of the system
ings and Federal buildings with major renova- and residential buildings that the Secretary de- from identification and use.
tions— termines to be the most likely to encourage a ‘‘(II) ENTIRE SYSTEMS.—The Secretary shall
‘‘(aa) meet or exceed the most recently pub- comprehensive and environmentally sound ap- exclude an entire system from use if an exclu-
lished version of the International Energy Con- proach to certification of green buildings. sion under subclause (I)—
servation Code (in the case of residential build- ‘‘(iv) BASIS FOR SELECTION.—The determina- ‘‘(aa) impedes the integrated use of the sys-
ings) or ASHRAE Standard 90.1 (in the case of tion of the certification systems under clause tem;
commercial buildings) as of the date of enact- (iii) shall be based on ongoing review of the ‘‘(bb) creates disparate review criteria or un-
ment of the Clean Economy Jobs and Innovation findings of the Federal Director under section equal point access for competing materials; or
Act; and 436(h) of the Energy Independence and Security ‘‘(cc) increases agency costs of the use.
‘‘(bb) meet or exceed the energy provisions of Act of 2007 (42 U.S.C. 17092(h)) and the criteria ‘‘(ix) INTERNAL CERTIFICATION PROCESSES.—
the State and local building codes applicable to described in clause (vi). The Secretary may by rule allow Federal agen-
the building if the codes are more stringent than ‘‘(v) ADMINISTRATION.—In determining certifi- cies to develop internal certification processes,
the most recently published version of the Inter- cation systems under this subparagraph, the using certified professionals, in lieu of certifi-
national Energy Conservation Code or ASHRAE Secretary shall— cation by certification entities identified under
Standard 90.1 as of the date of enactment of the ‘‘(I) make a separate determination for all or clause (iii).
Clean Economy Jobs and Innovation Act, as ap- part of each system; and ‘‘(x) PRIVATIZED MILITARY HOUSING.—With re-
plicable; ‘‘(II) confirm that the criteria used to support spect to privatized military housing, the Sec-
‘‘(II) unless demonstrated not to be life cycle the selection of building products, materials, retary of Defense, after consultation with the
cost-effective for new Federal buildings and brands, and technologies— Secretary may, through rulemaking, develop al-
Federal buildings with major renovations— ‘‘(aa) are based on relevant technical data; ternative certification systems and levels than
‘‘(bb) use and reward evaluation of health, the systems and levels identified under clause
‘‘(aa) the buildings shall be designed to
safety, and environmental risks and impacts (iii) that achieve an equivalent result in terms of
achieve energy consumption levels that are not
across the lifecycle of the building product, ma- energy savings, sustainable design, and green
less than 30 percent below the levels established
terial, brand, or technology, including meth- building performance.
in the most recently published version of the
odologies generally accepted by the applicable ‘‘(xi) WATER CONSERVATION TECHNOLOGIES.—
International Energy Conservation Code or the
scientific disciplines; In addition to any use of water conservation
ASHRAE Standard, as of the date of enactment
‘‘(cc) as practicable, give preference to per- technologies otherwise required by this section,
of the Clean Economy Jobs and Innovation Act,
formance standards instead of prescriptive water conservation technologies shall be applied
as appropriate; and
measures; and to the extent that the technologies are life-cycle
‘‘(bb) sustainable design principles are applied
‘‘(dd) reward continual improvements in the cost-effective.
to the location, siting, design, and construction
lifecycle management of health, safety, and en- ‘‘(xii) EFFECTIVE DATE.—
of all new Federal buildings and replacement
vironmental risks and impacts. ‘‘(I) DETERMINATIONS MADE AFTER DECEMBER
Federal buildings; ‘‘(vi) CONSIDERATIONS.—In determining the 31, 2020.—The amendments made by section
‘‘(III) if water is used to achieve energy effi- green building certification systems under this 1422(b)(1)(C) of the Clean Economy Jobs and In-
ciency, water conservation technologies shall be subparagraph, the Secretary shall take into con- novation Act shall apply to any determination
applied to the extent that the technologies are sideration— made by a Federal agency after December 31,
life-cycle cost effective; and ‘‘(I) the ability and availability of assessors 2020.
‘‘(IV) if life-cycle cost effective, as compared and auditors to independently verify the criteria ‘‘(II) DETERMINATIONS MADE ON OR BEFORE
to other reasonably available technologies, not and measurement of metrics at the scale nec- DECEMBER 31, 2020.—This subparagraph (as in ef-
less than 30 percent of the hot water demand for essary to implement this subparagraph; fect on the day before the date of enactment of
each new Federal building or Federal building ‘‘(II) the ability of the applicable certification the Clean Economy Jobs and Innovation Act)
undergoing a major renovation be met through organization to collect and reflect public com- shall apply to any use of a certification system
the installation and use of solar hot water heat- ment; for green commercial and residential buildings
ers. ‘‘(III) the ability of the standard to be devel- by a Federal agency on or before December 31,
‘‘(ii) EXCEPTION.—Clause (i)(I) shall not apply oped and revised through a consensus-based 2020.’’; and
to the unaltered portions of Federal buildings process; (2) by striking subsections (c) and (d) and in-
and systems that have undergone major renova- ‘‘(IV) an evaluation of the robustness of the serting the following:
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tions. criteria for a high-performance green building, ‘‘(c) PERIODIC REVIEW.—The Secretary shall—
‘‘(B) UPDATES.—Not later than 1 year after which shall give credit for promoting— ‘‘(1) once every 5 years, review the Federal
the date of approval of each subsequent revision ‘‘(aa) efficient and sustainable use of water, building energy standards established under
of the ASHRAE Standard or the International energy, and other natural resources; this section; and
Energy Conservation Code, as appropriate, the ‘‘(bb) use of renewable energy sources; ‘‘(2) on completion of a review under para-
Secretary shall determine whether the revised ‘‘(cc) improved indoor environmental quality graph (1), if the Secretary determines that sig-
standards established under subclauses (I) and through enhanced indoor air quality, thermal nificant energy savings would result, upgrade
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4785
the standards to include all new energy effi- contracts of each agency, to the extent that the (8) HOPE QUALIFICATION.—The term ‘‘HOPE
ciency and renewable energy measures that are information is not duplicative of information Qualification’’ means the qualification de-
technologically feasible and economically justi- provided to the Secretary under a separate au- scribed in section 1513.
fied.’’. thority; (9) HOPE TRAINING CREDIT.—The term
(c) FEDERAL COMPLIANCE.—Section 306 of the ‘‘(B) the quantity and investment value of the ‘‘HOPE training credit’’ means a HOPE train-
Energy Conservation and Production Act (42 contracts for the previous year; ing task credit or a HOPE training supple-
U.S.C. 6835) is amended— ‘‘(C) the guaranteed energy savings, or for mental credit.
(1) in subsection (a)— contracts without a guarantee, the estimated (10) HOPE TRAINING TASK CREDIT.—The term
(A) in paragraph (1)— energy savings, for the previous year, as com- ‘‘HOPE training task credit’’ means a credit de-
(i) by striking ‘‘(1) The head’’ and inserting pared to the measured energy savings for the scribed in section 1512(a).
the following: previous year; (11) HOPE TRAINING SUPPLEMENTAL CREDIT.—
‘‘(1) IN GENERAL.—The head’’; and ‘‘(D) a forecast of the estimated quantity and The term ‘‘HOPE training supplemental credit’’
(ii) by striking ‘‘assure that new Federal investment value of contracts anticipated in the means a credit described in section 1512(b).
buildings’’ and inserting ‘‘ensure that new Fed- following year for each agency; and (12) HVAC SYSTEM.—The term ‘‘HVAC sys-
eral buildings and Federal buildings with major ‘‘(E)(i) a comparison of the information de- tem’’ means a system—
renovations’’; and scribed in subparagraph (B) and the forecast de- (A) consisting of a heating component, a ven-
(B) in paragraph (2)— scribed in subparagraph (D) in the report of the tilation component, and an air-conditioning
(i) by striking the second sentence and insert- previous year; and component; and
ing the following: ‘‘(ii) if applicable, the reasons for any dif- (B) which components may include central air
‘‘(B) PROCEDURES.—The Architect of the Cap- ferences in the data compared under clause conditioning, a heat pump, a furnace, a boiler,
itol shall adopt procedures necessary to ensure (i).’’. a rooftop unit, and a window unit.
that the buildings referred to in subparagraph Subtitle E—HOPE for HOMES (13) MEASURED PERFORMANCE REBATE.—The
(A) meet or exceed the standards described in SEC. 1501. DEFINITIONS. term ‘‘measured performance rebate’’ means a
that subparagraph.’’; and rebate provided in accordance with section 1523
In this subtitle:
(ii) in the first sentence— and described in subsection (e) of that section.
(1) CONTRACTOR CERTIFICATION.—The term
(I) by inserting ‘‘and Federal buildings with (14) MODELED PERFORMANCE REBATE.—The
‘‘contractor certification’’ means an industry
major renovations’’ after ‘‘new buildings’’; and term ‘‘modeled performance rebate’’ means a re-
recognized certification that may be obtained by
(II) by striking ‘‘(2) The Federal’’ and insert- bate provided in accordance with section 1523
a residential contractor to advance the expertise
ing the following: and described in subsection (d) of that section.
and education of the contractor in energy effi-
‘‘(2) APPLICABILITY.— (15) MODERATE INCOME.—The term ‘‘moderate
‘‘(A) IN GENERAL.—The Federal’’; and ciency retrofits of residential buildings, includ-
ing— income’’ means, with respect to a household, a
(2) in subsection (b)— household with an annual income that is less
(A) by striking the subsection heading and in- (A) a certification provided by—
(i) the Building Performance Institute; than 80 percent of the area median income, as
serting ‘‘EXPENDITURES’’; and determined annually by the Department of
(ii) the Air Conditioning Contractors of Amer-
(B) by inserting ‘‘or a Federal building with Housing and Urban Development.
ica;
major renovations’’ after ‘‘new Federal build- (16) PARTIAL SYSTEM REBATE.—The term ‘‘par-
(iii) the National Comfort Institute;
ing’’. tial system rebate’’ means a rebate provided in
(iv) the North American Technician Excel-
SEC. 1413. USE OF ENERGY AND WATER EFFI- lence; accordance with section 1522.
CIENCY MEASURES IN FEDERAL (17) SECRETARY.—The term ‘‘Secretary’’ means
BUILDINGS.
(v) RESNET;
(vi) the United States Green Building Council; the Secretary of Energy.
(a) FINDINGS.—Congress finds the following: (18) STATE.—The term ‘‘State’’ includes—
or
(1) Performance contracting is a private fi- (vii) Home Innovation Research Labs; and (A) a State;
nancing tool with guaranteed energy savings (B) any other certification the Secretary de- (B) the District of Columbia;
and has been used by the Federal Government termines appropriate for purposes of the Home (C) the Commonwealth of Puerto Rico;
for nearly 30 years. Energy Savings Retrofit Rebate Program. (D) Guam;
(2) Energy savings performance contracts and (2) CONTRACTOR COMPANY.—The term ‘‘con- (E) American Samoa;
utility energy service contacts allow the Govern- tractor company’’ means a company— (F) the Commonwealth of the Northern Mar-
ment to invest in infrastructure using private (A) the business of which is to provide services iana Islands;
sector financing and expertise, with a guarantee to residential building owners with respect to (G) the United States Virgin Islands; and
of results. HVAC systems, insulation, air sealing, or other (H) any other territory or possession of the
(3) Use of performance contracting has saved services that are approved by the Secretary; United States.
the Government and taxpayers more than (B) that holds the licenses and insurance re- (19) STATE ENERGY OFFICE.—The term ‘‘State
$18,000,000,000. quired by the State in which the company pro- energy office’’ means the office or agency of a
(4) By law, performance contracts are guaran- vides services; and State responsible for developing the State energy
teed to provide savings to Federal agencies. (C) that provides services for which a partial conservation plan for the State under section
(5) On average, performance contracts achieve system rebate, measured performance rebate, or 362 of the Energy Policy and Conservation Act
savings in excess of the contractual and statu- modeled performance rebate may be provided (42 U.S.C. 6322).
tory guarantee. pursuant to the Home Energy Savings Retrofit PART 1—HOPE TRAINING
(6) In a fiscally constrained environment, per- Rebate Program.
formance contracting helps to address the Fed- SEC. 1511. NOTICE FOR HOPE QUALIFICATION
(3) ENERGY AUDIT.—The term ‘‘energy audit’’ TRAINING AND GRANTS.
eral Government’s backlog of maintenance and means an inspection, survey, and analysis of
supplement scarce operations and maintenance Not later than 30 days after the date of enact-
the energy use of a building, including the ment of this Act, the Secretary, acting through
dollars. building envelope and HVAC system.
(7) The House of Representatives, the Senate, the Director of the Building Technologies Office
(4) HOME.—The term ‘‘home’’ means a resi-
and the Office of Management and Budget have of the Department of Energy, shall issue a no-
dential dwelling unit in a building with no more
all acted to recognize the value of performance tice that includes—
than 4 dwelling units that—
contracts by providing distinct budgetary con- (1) criteria established under section 1512 for
(A) is located in the United States;
sideration of them; in the 115th Congress, the approval by the Secretary of courses for which
(B) was constructed before the date of enact-
House of Representatives included section 5109 credits may be issued for purposes of a HOPE
ment of this Act; and
in H. Con. Res. 71 to enable the greater use of Qualification;
(C) is occupied at least 6 months out of the
performance contracting and to recognize their (2) a list of courses that meet such criteria and
year.
full cost savings benefits. (5) HOME ENERGY SAVINGS RETROFIT REBATE are so approved; and
(8) Federal agencies are not taking full ad- PROGRAM.—The term ‘‘Home Energy Savings
(3) information on how individuals and enti-
vantage of the cost-effective energy efficiency Retrofit Rebate Program’’ means the Home En- ties may apply for grants under this part.
measures that are available and documented. ergy Savings Retrofit Rebate Program estab- SEC. 1512. COURSE CRITERIA.
(9) Using performance contracts to carry out lished under section 1521. (a) HOPE TRAINING TASK CREDIT.—
such energy efficiency measures would benefit (6) HOMEOWNER.—The term ‘‘homeowner’’ (1) CRITERIA.—The Secretary shall establish
taxpayers, the economy, and the environment. means the owner of an owner-occupied home or criteria for approval of a course for which a
(b) REPORTS.—Section 548(b) of the National a tenant-occupied home. credit, to be known as a HOPE training task
Energy Conservation Policy Act (42 U.S.C. (7) HOME VALUATION CERTIFICATION.—The credit, may be issued, including that such
8258(b)) is amended— term ‘‘home valuation certification’’ means the course—
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(1) in paragraph (3), by striking ‘‘and’’ at the following home assessments: (A) is equivalent to at least 30 hours in total
end; (A) Home Energy Score. course time;
(2) in paragraph (4), by striking the period at (B) PEARL Certification. (B) is accredited by the Interstate Renewable
the end and inserting ‘‘; and’’; and (C) National Green Building Standard. Energy Council or is determined to be equivalent
(3) by adding at the end the following: (D) LEED. by the Secretary;
‘‘(5)(A) the status of the energy savings per- (E) Any other assessment the Secretary deter- (C) is, with respect to a particular job, aligned
formance contracts and utility energy service mines to be appropriate. with the relevant National Renewable Energy
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H4786 CONGRESSIONAL RECORD — HOUSE September 23, 2020
Laboratory Job Task Analysis, or other SEC. 1514. GRANTS. provided in section 1524, not exceed 30 percent
credentialing program foundation that helps (a) IN GENERAL.—The Secretary shall, to the of cost of the purchase and installation of insu-
identify the necessary core knowledge areas, extent amounts are made available in appro- lation and air sealing under subsection (a)(1), or
critical work functions, or skills, as approved by priations Acts for such purposes, provide grants the purchase and installation of insulation and
the Secretary; to support the training of individuals toward air sealing and replacement of an HVAC system,
(D) has established learning objectives; and the completion of a HOPE Qualification. the heating component of an HVAC system, or
(E) includes, as the Secretary determines ap- (b) PROVIDER ORGANIZATIONS.— the cooling component of an HVAC system,
propriate, an appropriate assessment of such (1) IN GENERAL.—The Secretary may provide a under subsection (a)(2). Labor may be included
learning objectives that may include a final grant of up to $20,000 under this section to an in such cost but may not exceed—
exam, to be proctored on-site or through remote organization to provide training online, includ- (A) in the case of a rebate under subsection
proctoring, or an in-person field exam. ing establishing, modifying, or maintaining the (a)(1), 50 percent of such cost; and
(2) INCLUDED COURSES.—The Secretary shall online systems, staff time, and software and on- (B) in the case of a rebate under subsection
approve one or more courses that meet the cri- line program management, through a course (a)(2), 25 percent of such cost.
teria described in paragraph (1) for training re- that meets the applicable criteria established (2) REPLACEMENT OF AN HVAC SYSTEM, THE
lated to— under section 1512. HEATING COMPONENT OF AN HVAC SYSTEM, OR
(A) contractor certification; (2) CRITERIA.—In order to receive a grant THE COOLING COMPONENT OF AN HVAC SYSTEM.—
(B) energy auditing or assessment; under this subsection, an organization shall In order to qualify for a partial system rebate
(C) home energy systems (including HVAC be— described in subsection (a)(2)—
systems); (A) a nonprofit organization; (A) any HVAC system, heating component of
(D) insulation installation and air leakage (B) an educational institution; or an HVAC system, or cooling component of an
control; (C) an organization that has experience pro- HVAC system installed shall be Energy Star
(E) health and safety regarding the installa- viding training to contractors that work with Most Efficient certified;
tion of energy efficiency measures or health and the weatherization assistance program imple- (B) installation of such an HVAC system, the
safety impacts associated with energy efficiency mented under part A of title IV of the Energy heating component of an HVAC system, or the
retrofits; and Conservation and Production Act (42 U.S.C. cooling component of an HVAC system, shall be
(F) indoor air quality. 6861 et seq.) or equivalent experience, as deter- completed in accordance with standards speci-
(b) HOPE TRAINING SUPPLEMENTAL CREDIT mined by the Secretary. fied by the Secretary that are at least as strin-
CRITERIA.—The Secretary shall establish criteria (3) ADDITIONAL CERTIFICATIONS.—In addition gent as the applicable guidelines of the Air Con-
for approval of a course for which a credit, to to any grant provided under paragraph (1), the ditioning Contractors of America that are in ef-
be known as a HOPE training supplemental Secretary may provide an organization up to fect on the date of enactment of this Act;
credit, may be issued, including that such $5,000 for each additional course for which a (C) if ducts are present, replacement of an
course provides— HOPE training credit may be issued that is of- HVAC system, the heating component of an
(1) training related to— fered by the organization. HVAC system, or the cooling component of an
(A) small business success, including manage- (c) CONTRACTOR COMPANY.—The Secretary HVAC system shall include duct sealing; and
ment, home energy efficiency software, or gen- may provide a grant under this section of $1,000 (D) the installation of insulation and air seal-
eral accounting principles; per employee to a contractor company, up to a ing shall occur within 6 months of the replace-
(B) the issuance of a home valuation certifi- maximum of $10,000, to reimburse the contractor ment of the HVAC system, the heating compo-
cation; company for training costs for employees, and nent of an HVAC system, or the cooling compo-
(C) the use of wifi-enabled technology in an any home technology support needed for an em- nent of an HVAC system.
energy efficiency upgrade; or ployee to receive training pursuant to this sec- (c) ADDITIONAL INCENTIVES FOR CONTRAC-
(D) understanding and being able to partici- tion. Grant funds provided under this sub- TORS.—In carrying out the Home Energy Sav-
pate in the Home Energy Savings Retrofit Re- section may be used to support wages of employ- ings Retrofit Rebate Program, the Secretary may
bate Program; and ees during training. provide a $250 payment to a contractor per home
(2) as the Secretary determines appropriate, (d) TRAINEES.—The Secretary may provide a for which—
an appropriate assessment of such training that grant of up to $1,000 under this section to an in- (1) a partial system rebate is provided under
may include a final exam, to be proctored on- dividual who receives a HOPE Qualification. this section for the installation of insulation
site or through remote proctoring, or an in-per- (e) STATE ENERGY OFFICE.—The Secretary and air sealing, or installation of insulation and
son field exam. may provide a grant under this section to a air sealing and replacement of an HVAC system,
(c) EXISTING APPROVED COURSES.—The Sec- State energy office of up to $25,000 to implement the heating component of an HVAC system, or
retary may approve a course that meets the ap- an authorized program under section 1513(b). the cooling component of an HVAC system, by
plicable criteria established under this section SEC. 1515. AUTHORIZATION OF APPROPRIATIONS. the contractor;
that is approved by the applicable State energy There is authorized to be appropriated to (2) the applicable homeowner has signed and
office or relevant State agency with oversight carry out this part $500,000,000 for the period of submitted to the Secretary a release form made
authority for residential energy efficiency pro- fiscal years 2021 through 2025, to remain avail- available pursuant to section 1526(b) author-
grams. able until expended. izing the contractor access to information in the
(d) IN-PERSON AND ONLINE TRAINING.—An on- PART 2—HOME ENERGY SAVINGS utility bills of the homeowner; and
line course approved pursuant to this section (3) the contractor inputs, into the Department
RETROFIT REBATE PROGRAM
may be conducted in-person, but may not be of- of Energy’s Building Performance Database—
SEC. 1521. ESTABLISHMENT OF HOME ENERGY (A) the energy usage for the home for the 12
fered exclusively in-person. SAVINGS RETROFIT REBATE PRO-
months preceding, and the 24 months following,
SEC. 1513. HOPE QUALIFICATION. GRAM.
the installation of insulation and air sealing or
(a) ISSUANCE OF CREDITS.— The Secretary shall establish a program, to be
installation of insulation and air sealing and re-
(1) IN GENERAL.—The Secretary, or an entity known as the Home Energy Savings Retrofit Re-
placement of an HVAC system, the heating com-
authorized by the Secretary pursuant to para- bate Program, to—
ponent of an HVAC system, or the cooling com-
graph (2), may issue— (1) provide rebates in accordance with section
ponent of an HVAC system;
(A) a HOPE training task credit to any indi- 1522; and (B) a description of such installation or in-
vidual that completes a course that meets appli- (2) provide grants to States to carry out pro-
stallation and replacement; and
cable criteria under section 1512; and grams to provide rebates in accordance with sec- (C) the total cost to the homeowner for such
(B) a HOPE training supplemental credit to tion 1523. installation or installation and replacement.
any individual that completes a course that SEC. 1522. PARTIAL SYSTEM REBATES. (d) PROCESS.—
meets the applicable criteria under section 1512. (a) AMOUNT OF REBATE.—In carrying out the (1) FORMS; REBATE PROCESSING SYSTEM.—Not
(2) OTHER ENTITIES.—The Secretary may au- Home Energy Savings Retrofit Rebate Program, later than 90 days after the date of enactment of
thorize a State energy office implementing an and subject to the availability of appropriations this Act, the Secretary, in consultation with the
authorized program under subsection (b)(2), an for such purpose, the Secretary shall provide a Secretary of the Treasury, shall—
organization described in section 1514(b), and homeowner a rebate, to be known as a partial (A) develop and make available rebate forms
any other entity the Secretary determines ap- system rebate, of, except as provided in section required to receive a partial system rebate under
propriate, to issue HOPE training credits in ac- 1524, up to— this section;
cordance with paragraph (1). (1) $800 for the purchase and installation of (B) establish a Federal rebate processing sys-
(b) HOPE QUALIFICATION.— insulation and air sealing within a home of the tem which shall serve as a database and infor-
(1) IN GENERAL.—The Secretary may certify homeowner; and mation technology system that will allow home-
that an individual has achieved a qualification, (2) $1,500 for the purchase and installation of owners to submit required rebate forms; and
to be known as a HOPE Qualification, that in- insulation and air sealing within a home of the (C) establish a website that provides informa-
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dicates that the individual has received at least homeowner and replacement of an HVAC sys- tion on partial system rebates provided under
3 HOPE training credits, of which at least 2 tem, the heating component of an HVAC system, this section, including how to determine wheth-
shall be HOPE training task credits. or the cooling component of an HVAC system, of er particular measures qualify for a rebate
(2) STATE PROGRAMS.—The Secretary may au- such home. under this section and how to receive such a re-
thorize a State energy office to implement a pro- (b) SPECIFICATIONS.— bate.
gram to provide HOPE Qualifications in accord- (1) COST.—The amount of a partial system re- (2) SUBMISSION OF FORMS.—In order to receive
ance with this part. bate provided under this section shall, except as a partial system rebate under this section, a
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4787
homeowner shall submit the required rebate plementation of a home energy efficiency ret- as measured using methods and procedures ap-
forms, and any other information the Secretary rofit, including methods and procedures for use proved by the Secretary.
determines appropriate, to the Federal rebate of advanced metering infrastructure, weather- (2) AMOUNT.—
processing system established pursuant to para- normalized data, and open source standards, to (A) IN GENERAL.—Except as provided in sec-
graph (1). measure such baseline energy use and such re- tion 1524, and subject to subparagraph (B), the
(e) FUNDING.— ductions in home energy use; amount of a measured performance rebate pro-
(1) LIMITATION.—For each fiscal year, the (4) that the State program include implemen- vided under a State program shall be equal to 50
Secretary may not use more than 50 percent of tation of a quality assurance program— percent of the cost, including the cost of diag-
the amounts made available to carry out this (A) to ensure that home energy efficiency ret- nostic procedures, labor, reporting, and energy
part to carry out this section. rofits are achieving the stated level of energy measurement, of the applicable home energy ef-
(2) ALLOCATION.—The Secretary shall allocate savings, that efficiency measures were installed ficiency retrofit.
amounts made available to carry out this section correctly, and that work is performed in accord- (B) LIMITATION.—Except as provided in sec-
for partial system rebates among the States ance with procedures developed by the Sec- tion 1524, with respect to a home energy effi-
using the same formula as is used to allocate retary, including through quality-control in- ciency retrofit that is measured as reducing
funds for States under part D of title III of the spections for a portion of home energy efficiency home energy use by—
Energy Policy and Conservation Act (42 U.S.C. retrofits completed by each applicable con- (i) at least 20 percent, but less than 40 percent,
6321 et seq.). tractor; and the maximum amount of a measured perform-
SEC. 1523. STATE ADMINISTERED REBATES. (B) under which a quality-control inspection ance rebate shall be $2,000; and
of a home energy efficiency retrofit is performed (ii) at least 40 percent, the maximum amount
(a) FUNDING.—In carrying out the Home En-
by a quality assurance provider who— of a measured performance rebate shall be
ergy Savings Retrofit Rebate Program, and sub-
(i) is independent of the contractor for such $4,000.
ject to the availability of appropriations for
retrofit; and (f) COORDINATION OF REBATE AND EXISTING
such purpose, the Secretary shall provide grants
(ii) will confirm that such contractor is a con- STATE-SPONSORED OR UTILITY-SPONSORED PRO-
to States to carry out programs to provide re-
tractor who meets minimum training require- GRAMS.—A State that receives a grant under
bates in accordance with this section.
ments and certification requirements set forth by this section is encouraged to work with State
(b) STATE PARTICIPATION.—
the Secretary; agencies, energy utilities, nonprofits, and other
(1) PLAN.—In order to receive a grant under
(5) that the State program include require- entities—
this section a State shall submit to the Secretary
ments for a homeowner, contractor, or rebate (1) to assist in marketing the availability of
an application that includes a plan to imple-
aggregator to claim a rebate, including that the the rebates under the applicable State program;
ment a State program that meets the minimum (2) to coordinate with utility or State managed
homeowner, contractor, or rebate aggregator
criteria under subsection (c). financing programs;
submit any applicable forms approved by the
(2) APPROVAL.—Not later than 60 days after (3) to assist in implementation of the applica-
Secretary to the State, including a copy of the
receipt of a completed application for a grant ble State program, including installation of
certificate provided by the applicable contractor
under this section, the Secretary shall either ap- home energy efficiency retrofits; and
certifying projected or measured reduction of
prove the application or provide to the applicant (4) to coordinate with existing quality assur-
home energy use;
an explanation for denying the application. (6) that the State program may include re- ance programs.
(c) MINIMUM CRITERIA FOR STATE PRO- quirements for an entity to be eligible to serve as (g) ADMINISTRATION AND OVERSIGHT.—
GRAMS.—Not later than 6 months after the date (1) REVIEW OF APPROVED MODELING SOFT-
a rebate aggregator to facilitate the delivery of
of enactment of this Act, the Secretary shall es- rebates to homeowners or contractors; WARE.—The Secretary shall, on an annual
tablish and publish minimum criteria for a State (7) that the State program include procedures basis, list and review all modeling software ap-
program to meet to qualify for funding under for a homeowner to transfer the right to claim a proved for use in determining and documenting
this section, including— rebate to the contractor performing the applica- the reductions in home energy use for purposes
(1) that the State program be carried out by ble home energy efficiency retrofit or to a rebate of modeled performance rebates under sub-
the applicable State energy office or its des- aggregator that works with the contractor; and section (d). In approving such modeling soft-
ignee; (8) that the State program provide that a ware each year, the Secretary shall ensure that
(2) that a rebate be provided under a State homeowner, contractor, or rebate aggregator modeling software approved for a year will re-
program only for a home energy efficiency ret- may claim more than one rebate under the State sult in modeling of energy efficiency gains for
rofit that— program, and may claim a rebate under the any type of home energy efficiency retrofit that
(A) is completed by a contractor who meets State program after receiving a partial system is at least as substantial as the modeling of en-
minimum training requirements and certifi- rebate under section 1522, provided that no 2 re- ergy efficiency gains for such type of home en-
cation requirements set forth by the Secretary; bates may be provided with respect to a home ergy efficiency retrofit using the modeling soft-
(B) includes installation of one or more home using the same baseline energy use of such ware approved for the previous year.
energy efficiency retrofit measures for a home home. (2) OVERSIGHT.—If the Secretary determines
that together are modeled to achieve, or are (d) MODELED PERFORMANCE REBATES.— that a State is not implementing a State pro-
shown to achieve, a reduction in home energy (1) IN GENERAL.—In carrying out a State pro- gram that was approved pursuant to subsection
use of 20 percent or more from the baseline en- gram under this section, a State may provide a (b) and that meets the minimum criteria under
ergy use of the home; homeowner, contractor, or rebate aggregator a subsection (c), the Secretary may, after pro-
(C) does not include installation of any meas- rebate, to be known as a modeled performance viding the State a period of at least 90 days to
ure that the Secretary determines does not im- rebate, for an energy audit of a home and a meet such criteria, withhold grant funds under
prove the thermal energy performance of the home energy efficiency retrofit that is projected, this section from the State.
home, such as a pool pump, pool heater, spa, or using modeling software approved by the Sec- SEC. 1524. SPECIAL PROVISIONS FOR MODERATE
EV charger; and retary, to reduce home energy use by at least 20 INCOME HOUSEHOLDS.
(D) includes, after installation of the applica- percent. (a) CERTIFICATIONS.—The Secretary shall es-
ble home energy efficiency retrofit measures, a (2) AMOUNT.— tablish procedures for certifying that the house-
test-out procedure conducted in accordance (A) IN GENERAL.—Except as provided in sec- hold of a homeowner is moderate income for
with guidelines issued by the Secretary of such tion 1524, and subject to subparagraph (B), the purposes of this section.
measures to ensure— amount of a modeled performance rebate pro- (b) PERCENTAGES.—Subject to subsection (c),
(i) the safe operation of all systems post ret- vided under a State program shall be equal to 50 for households of homeowners that are certified
rofit; and percent of the cost of the applicable energy pursuant to the procedures established under
(ii) that all improvements are included in, and audit of a home and home energy efficiency ret- subsection (a) as moderate income the—
have been installed according to— rofit, including the cost of diagnostic proce- (1) amount of a partial system rebate under
(I) manufacturers installation specifications; dures, labor, reporting, and modeling. section 1522 shall not exceed 60 percent of the
and (B) LIMITATION.—Except as provided in sec- applicable purchase and installation costs de-
(II) all applicable State and local codes or tion 1524, with respect to an energy audit and scribed in section 1522(b)(1); and
equivalent standards approved by the Secretary; home energy efficiency retrofit that is projected (2) amount of—
(3) that the State program utilize— to reduce home energy use by— (A) a modeled performance rebate under sec-
(A) for purposes of modeled performance re- (i) at least 20 percent, but less than 40 percent, tion 1523 provided shall be equal to 80 percent of
bates, modeling software approved by the Sec- the maximum amount of a modeled performance the applicable costs described in section
retary for determining and documenting the rebate shall be $2,000; and 1523(d)(2)(A); and
baseline energy use of a home and the reduc- (ii) at least 40 percent, the maximum amount (B) a measured performance rebate under sec-
tions in home energy use resulting from the im- of a modeled performance rebate shall be $4,000. tion 1523 provided shall be equal to 80 percent of
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plementation of a home energy efficiency ret- (e) MEASURED PERFORMANCE REBATES.— the applicable costs described in section
rofit; and (1) IN GENERAL.—In carrying out a State pro- 1523(e)(2)(A).
(B) for purposes of measured performance re- gram under this section, a State may provide a (c) MAXIMUM AMOUNTS.—For households of
bates, methods and procedures approved by the homeowner, contractor, or rebate aggregator a homeowners that are certified pursuant to the
Secretary for determining and documenting the rebate, to be known as a measured performance procedures established under subsection (a) as
baseline energy use of a home and the reduc- rebate, for a home energy efficiency retrofit that moderate income the maximum amount—
tions in home energy use resulting from the im- reduces home energy use by at least 20 percent (1) of a partial system rebate—
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H4788 CONGRESSIONAL RECORD — HOUSE September 23, 2020
(A) under section 1522(a)(1) for the purchase part $1,200,000,000 for each of fiscal years 2021 after section 414B (42 U.S.C. 6864b) the fol-
and installation of insulation and air sealing through 2025, to remain available until ex- lowing:
within a home of the homeowner shall be $1600; pended. ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION.
and (b) TRIBAL ALLOCATION.—Of the amounts ‘‘(a) IN GENERAL.—The Secretary may request
(B) under section 1522(a)(2) for the purchase made available pursuant to subsection (a) for a that entities receiving funding from the Federal
and installation of insulation and air sealing fiscal year, the Secretary shall work with In- Government or from a State through a weather-
within a home of the homeowner and replace- dian Tribes and use 2 percent of such amounts ization assistance program under section 413 or
ment of an HVAC system, the heating compo- to carry out a program or programs that as close section 414 perform periodic reviews of the use of
nent of an HVAC system, or the cooling compo- as possible reflect the goals, requirements, and private contractors in the provision of weather-
nent of an HVAC system, of such home, shall be provisions of this part, taking into account any ization assistance, and encourage expanded use
$3,000; factors that the Secretary determines to be ap- of contractors as appropriate.
(2) of a modeled performance rebate under sec- propriate. ‘‘(b) USE OF TRAINING FUNDS.—Entities de-
tion 1523 for an energy audit and home energy PART 3—GENERAL PROVISIONS scribed in subsection (a) may use funding de-
efficiency retrofit that is projected to reduce SEC. 1531. APPOINTMENT OF PERSONNEL. scribed in such subsection to train private, non-
home energy use as described in— Federal entities that are contracted to provide
Notwithstanding the provisions of title 5,
(A) section 1523(d)(2)(B)(i) shall be $4,000; and weatherization assistance under a weatheriza-
United States Code, regarding appointments in
(B) section 1523(d)(2)(B)(ii) shall be $8,000; tion program, in accordance with rules deter-
the competitive service and General Schedule
and mined by the Secretary.’’.
classifications and pay rates, the Secretary may
(3) of a measured performance rebate under (2) TABLE OF CONTENTS AMENDMENT.—The
appoint such professional and administrative
section 1523 for a home energy efficiency retrofit table of contents for the Energy Conservation
personnel as the Secretary considers necessary
that reduces home energy use as described in— and Production Act is amended by inserting
(B) section 1523(e)(2)(B)(i) shall be $4,000; and to carry out this subtitle.
SEC. 1532. MAINTENANCE OF FUNDING. after the item relating to section 414B the fol-
(C) section 1523(e)(2)(B)(ii) shall be $8,000. lowing:
(d) OUTREACH.—The Secretary shall establish Each State receiving Federal funds pursuant
procedures to— to this subtitle shall provide reasonable assur- ‘‘Sec. 414C. Contractor optimization.’’.
(1) provide information to households of ances to the Secretary that it has established (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE-
policies and procedures designed to ensure that MENT AND INNOVATION.—
homeowners that are certified pursuant to the
Federal funds provided under this subtitle will (1) IN GENERAL.—The Energy Conservation
procedures established under subsection (a) as
be used to supplement, and not to supplant, and Production Act is amended by inserting
moderate income regarding other programs and
State and local funds. after section 414C (as added by subsection (d) of
resources relating to assistance for energy effi-
this section) the following:
ciency upgrades of homes, including the weath- Subtitle F—Weatherization
erization assistance program implemented under ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP EN-
SEC. 1601. WEATHERIZATION ASSISTANCE PRO- HANCEMENT AND INNOVATION.
part A of title IV of the Energy Conservation GRAM.
and Production Act (42 U.S.C. 6861 et seq.); and ‘‘(a) PURPOSES.—The purposes of this section
(a) REAUTHORIZATION OF WEATHERIZATION are—
(2) refer such households, as applicable, to ASSISTANCE PROGRAM.—Section 422 of the En-
such other programs and resources. ‘‘(1) to expand the number of dwelling units
ergy Conservation and Production Act (42 that are occupied by low-income persons that
SEC. 1525. EVALUATION REPORTS TO CONGRESS. U.S.C. 6872) is amended by striking paragraphs receive weatherization assistance by making
(a) IN GENERAL.—Not later than 3 years after (1) through (5) and inserting the following: such dwelling units weatherization-ready;
the date of enactment of this Act and annually ‘‘(1) $310,000,000 for fiscal year 2021; ‘‘(2) to promote the deployment of renewable
thereafter until the termination of the Home En- ‘‘(2) $330,000,000 for fiscal year 2022;
energy in dwelling units that are occupied by
ergy Savings Retrofit Rebate Program, the Sec- ‘‘(3) $350,000,000 for fiscal year 2023;
low-income persons;
retary shall submit to Congress a report on the ‘‘(4) $350,000,000 for fiscal year 2024; and
‘‘(5) $350,000,000 for fiscal year 2025.’’. ‘‘(3) to ensure healthy indoor environments by
use of funds made available to carry out this enhancing or expanding health and safety
part. (b) MODERNIZING THE DEFINITION OF WEATH-
ERIZATION MATERIALS.—Section 412(9)(J) of the
measures and resources available to dwellings
(b) CONTENTS.—Each report submitted under
Energy Conservation and Production Act (42 that are occupied by low-income persons;
subsection (a) shall include—
U.S.C. 6862(9)(J)) is amended— ‘‘(4) to disseminate new methods and best
(1) how many home energy efficiency retrofits
(1) by inserting ‘‘, including renewable energy practices among entities providing weatheriza-
have been completed during the previous year
technologies and other advanced technologies,’’ tion assistance; and
under the Home Energy Savings Retrofit Rebate
after ‘‘devices or technologies’’; and ‘‘(5) to encourage entities providing weather-
Program;
(2) by striking ‘‘, after consulting with the ization assistance to hire and retain employees
(2) an estimate of how many jobs have been
Secretary of Housing and Urban Development, who are individuals—
created through the Home Energy Savings Ret-
the Secretary of Agriculture, and the Director of ‘‘(A) from the community in which the assist-
rofit Rebate Program, directly and indirectly;
the Community Services Administration’’. ance is provided; and
(3) a description of what steps could be taken
(c) CONSIDERATION OF HEALTH BENEFITS.— ‘‘(B) from communities or groups that are
to promote further deployment of energy effi-
Section 413(b) of the Energy Conservation and underrepresented in the home energy perform-
ciency and renewable energy retrofits;
Production Act (42 U.S.C. 6863(b)) is amended— ance workforce, including religious and ethnic
(4) a description of the quantity of verifiable
(1) in paragraph (1), by striking ‘‘Health, minorities, women, veterans, individuals with
energy savings, homeowner energy bill savings,
Education, and Welfare’’ and inserting ‘‘Health disabilities, and individuals who are
and other benefits of the Home Energy Savings
and Human Services’’; socioeconomically disadvantaged.
Retrofit Rebate Program;
(2) in paragraph (2)(A), by striking ‘‘Health, ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary
(5) a description of any waste, fraud, or abuse
Education, and Welfare’’ and inserting ‘‘Health shall, to the extent funds are made available,
with respect to funds made available to carry
and Human Services’’; award financial assistance, on an annual basis,
out this part; and
(3) in paragraph (3)— through a competitive process to entities receiv-
(6) any other information the Secretary con-
(A) by striking ‘‘and with the Director of the ing funding from the Federal Government or
siders appropriate.
Community Services Administration’’; from a State, tribal organization, or unit of gen-
SEC. 1526. ADMINISTRATION.
(B) by inserting ‘‘and by’’ after ‘‘in carrying eral purpose local government through a weath-
(a) IN GENERAL.—The Secretary shall provide out this part,’’; and erization program under section 413 or section
such administrative and technical support to (C) by striking ‘‘, and the Director of the Com- 414, or to nonprofit entities, to be used by such
contractors, rebate aggregators, States, and In- munity Services Administration in carrying out an entity—
dian Tribes as is necessary to carry out this weatherization programs under section ‘‘(1) with respect to dwelling units that are oc-
part. 222(a)(12) of the Economic Opportunity Act of cupied by low-income persons, to—
(b) INFORMATION COLLECTION.—The Secretary 1964’’; ‘‘(A) implement measures to make such dwell-
shall establish, and make available to a home- (4) by redesignating paragraphs (4) through ing units weatherization-ready by addressing
owner, or the homeowner’s designated rep- (6) as paragraphs (5) through (7), respectively; structural, plumbing, roofing, and electrical
resentative, seeking a rebate under this part, re- and issues, environmental hazards, or other meas-
lease forms authorizing access by the Secretary, (5) by inserting after paragraph (3), the fol- ures that the Secretary determines to be appro-
or a designated third-party representative to in- lowing: priate;
formation in the utility bills of the homeowner ‘‘(4) The Secretary may amend the regulations ‘‘(B) install energy efficiency technologies, in-
with appropriate privacy protections in place. prescribed under paragraph (1) to provide that cluding home energy management systems,
(c) APPLICATION OF WAGE RATE REQUIRE- the standards described in paragraph (2)(A) smart devices, and other technologies the Sec-
MENTS TO PARTIAL SYSTEM AND STATE ADMINIS-
ctelli on DSK11ZRN23PROD with HOUSE
take into consideration improvements in the retary determines to be appropriate;
TERED REBATES.—Section 12202 of this Act shall health and safety of occupants of dwelling ‘‘(C) install renewable energy systems (as de-
not apply to rebates under sections 1522 and units, and other non-energy benefits, from fined in section 415(c)(6)(A)); and
1523. weatherization.’’. ‘‘(D) implement measures to ensure healthy
SEC. 1527. AUTHORIZATION OF APPROPRIATIONS. (d) CONTRACTOR OPTIMIZATION.— indoor environments by improving indoor air
(a) IN GENERAL.—There are authorized to be (1) IN GENERAL.—The Energy Conservation quality, accessibility, and other healthy homes
appropriated to the Secretary to carry out this and Production Act is amended by inserting measures as determined by the Secretary;
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4789
‘‘(2) to improve the capability of the entity— with other financial assistance provided to such ‘‘SEC. 414E. HIRING.
‘‘(A) to significantly increase the number of entity under this part. ‘‘The Secretary may, as the Secretary deter-
energy retrofits performed by such entity; ‘‘(f) REQUIREMENTS.—Not later than 90 days mines appropriate, encourage entities receiving
‘‘(B) to replicate best practices for work per- after the date of enactment of this section, the funding from the Federal Government or from a
formed pursuant to this section on a larger Secretary shall issue requirements to implement State through a weatherization program under
scale; this section, including, for entities receiving fi- section 413 or section 414, to prioritize the hiring
‘‘(C) to leverage additional funds to sustain nancial assistance under this section— and retention of employees who are individuals
the provision of weatherization assistance and ‘‘(1) standards for allowable expenditures; described in section 414D(a)(5).’’.
other work performed pursuant to this section ‘‘(2) a minimum saving-to-investment ratio; (2) TABLE OF CONTENTS.—The table of con-
after financial assistance awarded under this and tents for the Energy Conservation and Produc-
section is expended; and ‘‘(3) standards for— tion Act is amended by inserting after the item
‘‘(D) to hire and retain employees who are in- ‘‘(A) training programs; relating to section 414D the following:
dividuals described subsection (a)(5); ‘‘(B) energy audits; ‘‘Sec. 414E. Hiring.’’.
‘‘(3) for innovative outreach and education re- ‘‘(C) the provision of technical assistance; (g) INCREASE IN ADMINISTRATIVE FUNDS.—Sec-
garding the benefits and availability of weather- ‘‘(D) monitoring activities carried out using tion 415(a)(1) of the Energy Conservation and
ization assistance and other assistance available such financial assistance; Production Act (42 U.S.C. 6865(a)(1)) is amended
pursuant to this section; ‘‘(E) verification of energy and cost savings; by striking ‘‘10 percent’’ and inserting ‘‘15 per-
‘‘(4) for quality control of work performed ‘‘(F) liability insurance requirements; and cent’’.
pursuant to this section; ‘‘(G) recordkeeping and reporting require- (h) AMENDING RE-WEATHERIZATION DATE.—
‘‘(5) for data collection, measurement, and ments, which shall include reporting to the Of- Paragraph (2) of section 415(c) of the Energy
verification with respect to such work; fice of Weatherization and Intergovernmental Conservation and Production Act (42 U.S.C.
‘‘(6) for program monitoring, oversight, eval- Programs of the Department of Energy applica- 6865(c)) is amended to read as follows:
uation, and reporting regarding such work; ble data on each dwelling unit retrofitted or ‘‘(2) Dwelling units weatherized (including
‘‘(7) for labor, training, and technical assist- otherwise assisted pursuant to this section. dwelling units partially weatherized) under this
ance relating to such work; ‘‘(g) COMPLIANCE WITH STATE AND LOCAL part, or under other Federal programs (in this
‘‘(8) for planning, management, and adminis- LAW.—Nothing in this section supersedes or oth- paragraph referred to as ‘previous weatheriza-
tration (up to a maximum of 15 percent of the erwise affects any State or local law, to the ex- tion’), may not receive further financial assist-
assistance provided); and tent that the State or local law contains a re- ance for weatherization under this part until
‘‘(9) for such other activities as the Secretary quirement that is more stringent than the appli- the date that is 15 years after the date such pre-
determines to be appropriate. cable requirement of this section. vious weatherization was completed. This para-
‘‘(c) AWARD FACTORS.—In awarding financial ‘‘(h) REVIEW AND EVALUATION.—The Sec- graph does not preclude dwelling units that
assistance under this section, the Secretary retary shall review and evaluate the perform- have received previous weatherization from re-
shall consider— ance of each entity that receives an award of fi- ceiving assistance and services (including the
‘‘(1) the applicant’s record of constructing, nancial assistance under this section (which provision of information and education to assist
renovating, repairing, or making energy effi- may include an audit). with energy management and evaluation of the
cient single-family, multifamily, or manufac- ‘‘(i) ANNUAL REPORT.—The Secretary shall
effectiveness of installed weatherization mate-
tured homes that are occupied by low-income submit to Congress an annual report that pro-
rials) other than weatherization under this part
persons, either directly or through affiliates, vides a description of—
or under other Federal programs, or from receiv-
chapters, or other partners (using the most re- ‘‘(1) actions taken under this section to
ing non-Federal assistance for weatherization.’’.
cent year for which data are available); achieve the purposes of this section; and
(i) ANNUAL REPORT.—Section 421 of the En-
‘‘(2) the number of dwelling units occupied by ‘‘(2) accomplishments as a result of such ac-
ergy Conservation and Production Act (42
low-income persons that the applicant has built, tions, including energy and cost savings
U.S.C. 6871) is amended by inserting ‘‘the num-
renovated, repaired, weatherized, or made more achieved.
ber of multifamily buildings in which individual
energy efficient in the 5 years preceding the ‘‘(j) FUNDING.—
‘‘(1) AMOUNTS.— dwelling units were weatherized during the pre-
date of the application; vious year, the number of individual dwelling
‘‘(3) the qualifications, experience, and past ‘‘(A) IN GENERAL.—For each of fiscal years
2021 through 2025, of the amount made available units in multifamily buildings weatherized dur-
performance of the applicant, including experi- ing the previous year,’’ after ‘‘the average size
ence successfully managing and administering under section 422 for such fiscal year to carry
out the weatherization program under this part of the dwellings being weatherized,’’.
Federal funds; SEC. 1602. REPORT ON WAIVERS.
‘‘(4) the strength of an applicant’s proposal to (not including any of such amount made avail-
able for Department of Energy headquarters Not later than 180 days after the date of en-
achieve one or more of the purposes under sub-
training or technical assistance), not more actment of this Act, the Secretary of Energy
section (a);
than— shall submit to Congress a report on the status
‘‘(5) the extent to which such applicant will
‘‘(i) 2 percent of such amount (if such amount of any request made after September 30, 2010, for
utilize partnerships and regional coordination
is $225,000,000 or more but less than $260,000,000) a waiver of any requirement under section
to achieve one or more of the purposes under
may be used to carry out this section; 200.313 of title 2, Code of Federal Regulations,
subsection (a);
‘‘(6) regional and climate zone diversity; ‘‘(ii) 4 percent of such amount (if such amount as such requirement applies with respect to the
‘‘(7) urban, suburban, and rural localities; is $260,000,000 or more but less than $300,000,000) weatherization assistance program under part A
and may be used to carry out this section; and of title IV of the Energy Conservation and Pro-
‘‘(8) such other factors as the Secretary deter- ‘‘(iii) 6 percent of such amount (if such duction Act (42 U.S.C. 6861 et seq.), including a
mines to be appropriate. amount is $300,000,000 or more) may be used to description of any such waiver that has been
‘‘(d) APPLICATIONS.— carry out this section. granted and any such request for a waiver that
‘‘(1) ADMINISTRATION.—To be eligible for an ‘‘(B) MINIMUM.—For each of fiscal years 2021 has been considered but not granted.
award of financial assistance under this section, through 2025, if the amount made available SEC. 1603. APPLICATION OF WAGE RATE RE-
an applicant shall submit to the Secretary an under section 422 (not including any of such QUIREMENTS TO WEATHERIZATION
amount made available for Department of En- ASSISTANCE PROGRAM.
application in such manner and containing
such information as the Secretary may require. ergy headquarters training or technical assist- With respect to the Weatherization Assistance
‘‘(2) AWARDS.—Subject to the availability of ance) for such fiscal year is less than Program, the requirements of section 12202 shall
appropriations, not later than 270 days after the $225,000,000, no funds shall be made available to apply only to work performed on multifamily
date of enactment of this section, the Secretary carry out this section. buildings.
shall make a first award of financial assistance ‘‘(2) LIMITATION.—For any fiscal year, the Subtitle G—Energy and Water Research
under this section. Secretary may not use more than $25,000,000 of Integration
‘‘(e) MAXIMUM AMOUNT AND TERM.— the amount made available under section 422 to SEC. 1701. INTEGRATING ENERGY AND WATER RE-
‘‘(1) IN GENERAL.—The total amount of finan- carry out this section. SEARCH.
cial assistance awarded to an entity under this ‘‘(k) TERMINATION.—The Secretary may not (a) IN GENERAL.—The Secretary of Energy
section shall not exceed $2,000,000. award financial assistance under this section shall integrate water considerations into energy
‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— after September 30, 2025.’’. research, development, and demonstration pro-
The total amount of financial assistance award- (2) TABLE OF CONTENTS.—The table of con- grams and projects of the Department of Energy
ed to an entity under this section shall be re- tents for the Energy Conservation and Produc- by—
duced by the cost of any technical and training tion Act is amended by inserting after the item (1) advancing energy and energy efficiency
assistance provided by the Secretary that relates relating to section 414C the following: technologies and practices that meet the objec-
ctelli on DSK11ZRN23PROD with HOUSE
to such financial assistance. ‘‘Sec. 414D. Financial assistance for WAP en- tives of—
‘‘(3) TERM.—The term of an award of finan- hancement and innovation.’’. (A) minimizing freshwater withdrawal and
cial assistance under this section shall not ex- (f) HIRING.— consumption;
ceed 3 years. (1) IN GENERAL.—The Energy Conservation (B) increasing water use efficiency;
‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An and Production Act is amended by inserting (C) utilizing nontraditional water sources
entity may use financial assistance awarded to after section 414D (as added by subsection (e) of with efforts to improve the quality of the water
such entity under this section in conjunction this section) the following: from those sources;
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H4790 CONGRESSIONAL RECORD — HOUSE September 23, 2020
(D) minimizing deleterious impacts on water (6) SUBMISSION TO CONGRESS.—Not later than SEC. 1703. RULE OF CONSTRUCTION.
bodies, groundwater, and waterways; and 12 months after the date of enactment of this Notwithstanding any other provision of law,
(E) minimizing seismic impacts; Act, the Secretary shall submit to the Committee nothing in this part shall be construed to re-
(2) considering the effects climate variability on Science, Space, and Technology of the House quire State, tribal, or local governments to pro-
may have on water supplies and quality for en- of Representatives and the Committee on Energy vide additional data for Federal purposes, or to
ergy generation and fuel production; and and Natural Resources of the Senate the stra- take any action that may result in an increased
(3) improving understanding of the energy- tegic plan. financial burden to such governments by re-
water nexus. (7) UPDATING THE STRATEGIC PLAN.—Not later stricting the use of water by such governments.
(b) STRATEGIC PLAN.— than 3 years after the date of enactment of this SEC. 1704. COORDINATION AND NONDUPLICA-
(1) IN GENERAL.—Not later than 12 months Act, and at least once every 5 years thereafter, TION.
after the date of enactment of this Act, the Sec- the Secretary shall— To the maximum extent practicable, the Sec-
retary shall develop a strategic plan identifying (A) utilize relevant information produced by retary shall coordinate activities under this part
the research, development, and demonstration Federal Government agencies, academia, State, with other programs of the Department and
needs for Department programs and projects to local, and tribal governments and industry to other Federal research programs.
carry out subsection (a). The strategic plan update the strategic plan; SEC. 1705. DEFINITIONS.
shall include technical milestones for achieving (B) include in the updated strategic plan a de-
and assessing progress toward the objectives of In this part:
scription of the changes from the previous stra- (1) COMMITTEE.—The term ‘‘Committee’’
subsection (a)(1). tegic plan and the rationale for such changes;
(2) SPECIFIC CONSIDERATIONS.—In developing means the Energy-Water Committee established
(C) include a review of progress made towards under section 1702(a).
the strategic plan, the Secretary shall consider—
the milestones outlined in the previous strategic (2) DEPARTMENT.—The term ‘‘Department’’
(A) new advanced cooling technologies for en-
plan; and means the Department of Energy.
ergy generation and fuel production tech-
nologies; (D) submit the updated strategic plan to the (3) ENERGY-WATER NEXUS.—The term ‘‘energy-
(B) performance improvement of existing cool- Committee on Science, Space, and Technology of water nexus’’ means the energy required to pro-
ing technologies and cost reductions associated the House of Representatives and the Committee vide reliable water supplies and the water re-
with using those technologies; on Energy and Natural Resources of the Senate. quired to provide reliable energy supplies
(C) innovative water reuse, recovery, and (c) ADDITIONAL ACTIVITIES.—The Secretary throughout the United States.
treatment technologies in energy generation and may provide for such additional research, devel- (4) SECRETARY.—The term ‘‘Secretary’’ means
fuel production, including renewable energy; opment, and demonstration activities as appro- the Secretary of Energy.
(D) technology development for carbon cap- priate to integrate water considerations into the Subtitle H—Other Matters
ture and storage systems that utilize efficient research, development, and demonstration ac-
SEC. 1801. MODIFICATIONS TO THE CEILING FAN
water use design strategies; tivities of the Department as described in sub- ENERGY CONSERVATION STANDARD.
(E) technologies that are life-cycle cost effec- section (a).
(a) IN GENERAL.—Section 325(ff)(6) of the En-
tive; SEC. 1702. ENERGY-WATER OVERSIGHT AND CO- ergy Policy and Conservation Act (42 U.S.C.
(F) systems analysis and modeling of issues ORDINATION.
6295(ff)(6)) is amended by adding at the end the
relating to the energy-water nexus; (a) IN GENERAL.—In carrying out the re- following:
(G) technologies to treat and utilize waste- search, development, and demonstration activi- ‘‘(C)(i) Large-diameter ceiling fans manufac-
water and produced waters discharged from oil, ties outlined in section 1701, the Secretary, in tured on or after January 21, 2020, shall—
natural gas, coalbed methane, and any other coordination with other relevant Federal agen- ‘‘(I) not be required to meet minimum ceiling
substance to be used as an energy source; cies, shall establish an Energy-Water Committee fan efficiency in terms of ratio of the total air-
(H) advanced materials for the use of non- to promote and enable improved energy and flow to the total power consumption as de-
traditional water sources for energy generation water resource data collection, reporting, and scribed in the final rule titled ‘Energy Conserva-
and fuel production; technological innovation. The Committee shall tion Program: Energy Conservation Standards
(I) biomass production and utilization and the consist of— for Ceiling Fans’ (82 Fed. Reg. 6826 (January 19,
impact on hydrologic systems; (1) representation from each program within
(J) technologies that reduce impacts on water 2017)); and
the Department and each Federal agency that ‘‘(II) have a CFEI greater than or equal to—
from energy resource development; conducts research related to the energy-water
(K) energy efficient technologies for water dis- ‘‘(aa) 1.00 at high speed; and
nexus; and ‘‘(bb) 1.31 at 40 percent speed or the nearest
tribution, treatment, supply, and collection sys- (2) non-Federal members, including represent-
tems; speed that is not less than 40 percent speed.
atives of research and academic institutions, ‘‘(ii) For purposes of this subparagraph, the
(L) technologies for energy generation from
State, local, and tribal governments, public util- term ‘CFEI’ means the Fan Energy Index for
water distribution, treatment, supply, and col-
ity commissions, and industry, who have exper- large-diameter ceiling fans, calculated in ac-
lection systems;
tise in technologies, technological innovations, cordance with ANSI/AMCA Standard 208–18 ti-
(M) the flexible operation of water infrastruc-
or practices relating to the energy-water nexus. tled ‘Calculation of the Fan Energy Index’, with
ture to provide essential grid reliability services;
(N) modular or energy-water microgrid sys- (b) FUNCTIONS.—The Committee shall, in car- the following modifications:
rying out section 1701— ‘‘(I) Using an Airflow Constant (Q0) of 26,500
tems that can provide energy and water re-
(1) make recommendations on the development cubic feet per minute.
sources in remote or disaster recovery areas;
(O) recovering energy in the form of biofuels, and integration of data collection and data com- ‘‘(II) Using a Pressure Constant (P0) of 0.0027
bioproducts, and biopower from municipal and munication standards and protocols, including inches water gauge.
industrial wastewaters, and similar organic models and modeling results, to agencies and en- ‘‘(III) Using a Fan Efficiency Constant (η0) of
streams; and tities currently engaged in collecting the data 42 percent.’’.
(P) any other area of the energy-water nexus for the energy-water nexus; (b) REVISION.—For purposes of section 325(m)
that the Secretary considers appropriate. (2) recommend ways to make improvements to of the Energy Policy and Conservation Act (42
(3) COLLABORATION AND NONDUPLICATION.—In Federal water use data to increase under- U.S.C. 6295(m)), the standard established in sec-
developing the strategic plan, the Secretary standing of trends in energy generation and fuel tion 325(ff)(6)(C) of such Act (as added by sub-
shall coordinate and avoid duplication— production, including non-cooling water uses; section (a) of this section) shall be treated as if
(A) with other Federal agencies operating re- (3) recommend best practices for utilizing in- such standard was issued on January 19, 2017.
lated programs, if appropriate; and formation from existing monitoring networks to SEC. 1802. SMART ENERGY AND WATER EFFI-
(B) across programs and projects of the De- provide nationally uniform water and energy CIENCY PROGRAM.
partment, including with those of the National use and infrastructure data; and (a) DEFINITIONS.—In this section:
Laboratories. (4) conduct annual technical workshops, in- (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
(4) RELEVANT INFORMATION AND RECOMMENDA- cluding at least one regional workshop annu- ty’’ means—
TIONS.—In developing the strategic plan, the ally, to facilitate information exchange among (A) a municipality;
Secretary shall consider and incorporate, as ap- Federal, regional, State, local, and tribal gov- (B) a water district; and
propriate, relevant information and rec- ernments and private sector experts on tech- (C) any other entity that provides water,
ommendations, including those of the National nologies that encourage the conservation and wastewater, or water reuse services, including a
Water Availability and Use Assessment Program efficient use of water and energy. joint water and power authority.
under section 9508(d) of the Omnibus Public (c) REPORTS.—Not later than 1 year after the (2) SECRETARY.—The term ‘‘Secretary’’ means
Land Management Act of 2009 (42 U.S.C. date of enactment of this Act, and at least once the Secretary of Energy.
10368(d)). every 2 years thereafter, the Committee, through (3) SMART ENERGY AND WATER EFFICIENCY
(5) ADDITIONAL PARTICIPATION.—In devel- the Secretary, shall transmit to Congress a re- PROGRAM.—The term ‘‘smart energy and water
ctelli on DSK11ZRN23PROD with HOUSE
oping the strategic plan, the Secretary shall port on its findings and activities under this sec- efficiency program’’ or ‘‘program’’ means the
consult and coordinate with a diverse group of tion. program established under subsection (b).
representatives from research and academic in- (d) APPLICABILITY OF FEDERAL ADVISORY (b) SMART ENERGY AND WATER EFFICIENCY
stitutions, industry, public utility commissions, COMMITTEE ACT.—Except as otherwise provided PROGRAM.—
and State and local governments who have ex- in this section, the Federal Advisory Committee (1) IN GENERAL.—The Secretary shall establish
pertise in technologies and practices relating to Act (5 U.S.C. App.) shall apply to the Com- and carry out a smart energy and water effi-
the energy-water nexus. mittee. ciency program in accordance with this section.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4791
(2) ELIGIBLE PROJECTS.—In carrying out the (E) REPORT TO CONGRESS.—Not later than the grant, that a unit of local government receiving
smart energy and water efficiency program, the date on which the Secretary completes the last such assistance obtain third-party verification
Secretary shall award grants to eligible entities evaluation required under subparagraph (B), of energy efficiency improvements in each public
to carry out projects that implement advanced the Secretary shall submit to Congress a report building with respect to which such assistance is
and innovative technology-based solutions that containing the results of each evaluation car- used.
will improve the energy or water efficiency of ried out under such subparagraph. ‘‘(2) GUIDANCE.—The Secretary may provide
water, wastewater, or water reuse systems to— (c) AUTHORIZATION OF APPROPRIATIONS.— guidance to State agencies to comply with para-
(A) help eligible entities make significant There is authorized to be appropriated graph (1). In developing such guidance, the Sec-
progress in conserving water, conserving energy, $15,000,000 to carry out this section, to remain retary shall consider available third-party
or reducing the operating costs of such systems; available until expended. verification tools for high-performing buildings
(B) support the implementation of innovative SEC. 1803. ENERGY EFFICIENCY AND CONSERVA- and available third-party verification tools for
processes or the installation of advanced auto- TION BLOCK GRANT PROGRAM. energy efficiency retrofits.’’.
mated systems that provide real-time data on (a) PURPOSE.—Section 542(b)(1) of the Energy (c) ADMINISTRATION.—Section 125(c) of the
energy and water; or Independence and Security Act of 2007 (42 Energy Policy Act of 2005, as so redesignated, is
(C) improve predictive maintenance of water, U.S.C. 17152(b)(1)) is amended— amended—
wastewater, or water reuse systems through the (1) in subparagraph (A), by striking ‘‘; and’’ (1) in the matter preceding paragraph (1), by
use of Internet-connected technologies, such as and inserting a semicolon; striking ‘‘State energy offices receiving grants’’
sensors, intelligent gateways, or security embed- (2) in subparagraph (B), by striking the semi- and inserting ‘‘A State agency receiving a
ded in hardware. colon and inserting ‘‘; and’’; and grant’’;
(3) PROJECT SELECTION.— (3) by adding at the end the following: (2) in paragraph (1), by striking ‘‘; and’’ and
(A) IN GENERAL.—The Secretary shall make inserting a semicolon;
‘‘(C) diversifies energy supplies, including by
competitive, merit-reviewed grants under the (3) in paragraph (2), by striking the period at
facilitating and promoting the use of alternative
program to not fewer than 3, but not more than the end and inserting ‘‘; and’’; and
fuels;’’.
5, eligible entities. (4) by adding at the end the following:
(b) USE OF FUNDS.—Section 544(9) of the En-
(B) SELECTION CRITERIA.—In selecting an eli- ‘‘(3) ensure that all laborers and mechanics
ergy Independence and Security Act of 2007 (42
gible entity to receive a grant under the pro- employed by contractors and subcontractors in
U.S.C. 17154(9)) is amended to read as follows:
gram, the Secretary shall consider— the performance of construction, alteration, or
(i) energy and cost savings anticipated to re- ‘‘(9) deployment of energy distribution tech-
repair work financed in whole or in part with
sult from the project; nologies that significantly increase energy effi-
assistance received pursuant to this section
(ii) the innovative nature, commercial viabil- ciency or expand access to alternative fuels, in-
shall be paid wages at rates not less than those
ity, and reliability of the technology to be used; cluding—
prevailing on projects of a similar character in
(iii) the degree to which the project integrates ‘‘(A) distributed resources;
the locality, as determined by the Secretary of
innovative sensors, software, hardware, ana- ‘‘(B) district heating and cooling systems; and
Labor in accordance with subchapter IV of
lytics, and management tools; ‘‘(C) infrastructure for delivering alternative
chapter 31 of title 40, United States Code (and
(iv) the anticipated cost-effectiveness of the fuels;’’.
with respect to such labor standards, the Sec-
project in terms of energy savings, water savings (c) COMPETITIVE GRANTS.—Section 546(c)(2) of
retary of Labor shall have the authority and
or reuse, and infrastructure costs averted; the Energy Independence and Security Act of
functions set forth in Reorganization Plan Num-
(v) whether the technology can be deployed in 2007 (42 U.S.C. 17156(c)(2)) is amended by insert-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
a variety of geographic regions and the degree ing ‘‘, including projects to expand the use of
and section 3145 of title 40, United States
to which the technology can be implemented on alternative fuels’’ before the period at the end.
Code).’’.
a smaller or larger scale, including whether the (d) FUNDING.—Section 548(a) of the Energy
(d) AUTHORIZATION OF APPROPRIATIONS.—Sec-
technology can be implemented by other types of Independence and Security Act of 2007 (42
tion 125(d) of the Energy Policy Act of 2005, as
eligible entities; and U.S.C. 17158(a)) is amended to read as follows:
so redesignated, is amended by striking
(vi) whether implementation of the project will ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘$30,000,000 for each of fiscal years 2006 through
be complete within 5 years. ‘‘(1) GRANTS.—There is authorized to be ap-
2010’’ and inserting ‘‘$100,000,000 for each of fis-
(C) APPLICATIONS.— propriated to the Secretary for the provision of
cal years 2021 through 2025’’.
(i) IN GENERAL.—Subject to clause (ii), an eli- grants under the program $3,500,000,000 for each
SEC. 1805. SMART BUILDINGS.
gible entity seeking a grant under the program of fiscal years 2021 through 2025.
shall submit to the Secretary an application at ‘‘(2) ADMINISTRATIVE COSTS.—There is author- (a) DEFINITIONS.—In this section:
such time, in such manner, and containing such ized to be appropriated to the Secretary for ad- (1) FRONTLINE COMMUNITY.—The term ‘‘front-
information as the Secretary determines to be ministrative expenses of the program $35,000,000 line community’’ means a community with sig-
necessary. for each of fiscal years 2021 through 2025.’’. nificant representation of communities of color,
(ii) CONTENTS.—An application under clause (e) TECHNICAL AMENDMENTS.—Section 543 of low-income communities, or Tribal and indige-
(i) shall, at a minimum, include— the Energy Independence and Security Act of nous communities, that experiences, or is at risk
(I) a description of the project; 2007 (42 U.S.C. 17153) is amended— of experiencing, higher or more adverse human
(II) a description of the technology to be used (1) in subsection (c), by striking ‘‘subsection health or environmental effects.
in the project; (2) SECRETARY.—The term ‘‘Secretary’’ means
(a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and
(III) the anticipated results, including energy the Secretary of Energy.
(2) in subsection (d), by striking ‘‘subsection
and water savings, of the project; (3) SMART BUILDING.—The term ‘‘smart build-
(a)(3)’’ and inserting ‘‘subsection (a)(4)’’.
(IV) a comprehensive budget for the project; ing’’ means a building, or collection of build-
SEC. 1804. ENERGY EFFICIENT PUBLIC BUILD- ings, with an energy system that—
and INGS.
(V) the number of households or customers (A) is flexible and automated in its energy de-
(a) GRANTS.—Section 125(a) of the Energy Pol- mand and usage in response to changes associ-
that are served by the eligible entity and will
icy Act of 2005 (42 U.S.C. 15822(a)) is amended— ated with the environment, occupant behaviors,
benefit from the project.
(1) in paragraph (1)— building conditions, and other events;
(4) ADMINISTRATION.—
(A) IN GENERAL.—Not later than 300 days (A) by inserting ‘‘Standard 90.1 of the Amer- (B) has monitoring, diagnostics, control, and
after the date of enactment of this Act, the Sec- ican Society of Heating, Refrigerating, and Air- communication connectivity that enables anal-
retary shall select grant recipients under this Conditioning Engineers,’’ after ‘‘the Inter- ysis and control of energy consumption and
section. national Energy Conservation Code,’’; and generation;
(B) EVALUATIONS.—The Secretary shall annu- (B) by striking ‘‘; or’’ and inserting a semi- (C) has a systems-based approach to inte-
ally for 5 years carry out an evaluation of each colon; grating the overall building operations for con-
project for which a grant is provided under this (2) in paragraph (2), by striking the period at trol of energy demand, generation, and storage;
section that— the end and inserting ‘‘; or’’; and (D) has the ability to share information with
(i) evaluates the progress and effects of the (3) by adding at the end the following: utilities or other third-party entities, as appro-
project; and ‘‘(3) through benchmarking programs to en- priate in order to coordinate building energy as-
(ii) assesses the degree to which the project able use of building performance data to evalu- sets to support energy system reliability and re-
can be replicated in other regions, systems, and ate the performance of energy efficiency invest- silience;
situations. ments over time.’’. (E) supports the health and safety of occu-
(C) TECHNICAL ASSISTANCE.—On the request of (b) ASSURANCE OF IMPROVEMENT.—Section 125 pants; or
a grant recipient, the Secretary shall provide of the Energy Policy Act of 2005 (42 U.S.C. (F) incorporates cybersecurity protections.
technical assistance to the grant recipient to 15822) is amended by redesignating subsections (b) FEDERAL SMART BUILDING PROGRAM.—
carry out the project. (b) and (c) as subsections (c) and (d), respec- (1) ESTABLISHMENT.—Not later than 1 year
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(D) BEST PRACTICES.—The Secretary shall tively, and inserting after subsection (a) the fol- after the date of enactment of this Act, the Sec-
make available to the public— lowing: retary shall, in consultation with the Adminis-
(i) a copy of each evaluation carried out ‘‘(b) ASSURANCE OF IMPROVEMENT.— trator of General Services, establish a program
under subparagraph (B); and ‘‘(1) VERIFICATION.—A State agency receiving to be known as the ‘‘Federal Smart Building
(ii) a description of any best practices identi- a grant for activities described in paragraph (1) Program’’—
fied by the Secretary as a result of those evalua- or (2) of subsection (a) shall ensure, as a condi- (A) to implement smart building technology;
tions. tion of eligibility for assistance pursuant to such and
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H4792 CONGRESSIONAL RECORD — HOUSE September 23, 2020
(B) to demonstrate the costs and benefits of (IV) establishing cybersecurity; and niques, and retrofits. In supporting research
smart buildings. (B) any other information the Secretary deter- and development under subparagraph (A), the
(2) SELECTION.— mines to be appropriate. Secretary shall—
(A) IN GENERAL.—The Secretary shall coordi- (d) LEVERAGING EXISTING PROGRAMS.— (i) include considerations of a full lifecycle
nate the selection of not fewer than 1 building (1) BETTER BUILDINGS PROGRAM.— analysis during building design, manufacturing,
from among each of several key Federal agen- (A) BETTER BUILDINGS CHALLENGE.—The Sec- and construction, including environmental con-
cies, as described in paragraph (4), to compose retary shall carry out a program to provide siderations, embodied energy and embodied car-
an appropriately diverse set of smart buildings technical assistance for entities to set and bon in building materials, transportation of ma-
based on size, type, and geographic location. achieve goals to improve energy efficiency, re- terials, and implications for final disposal and
(B) INCLUSION OF COMMERCIALLY OPERATED duce greenhouse gas emissions and emissions of recycling;
BUILDINGS.—In making selections under sub- other pollutants, and reduce embodied carbon in (ii) incorporate principles of resilient building
paragraph (A), the Secretary may include build- commercial and residential buildings through design and construction through the consider-
ings that are owned by the Federal Government the commercial application of relevant tools and ation of regional differences in—
but are commercially operated. technologies. In carrying out this program, the (I) climate, season, temperature, and precipi-
(3) TARGETS.—Not later than 18 months after Secretary shall— tation in consultation with the National Oce-
the date of enactment of this Act, the Secretary (i) identify opportunities for optimizing energy anic and Atmospheric Administration; and
shall establish targets for the number of smart efficiency, demand management, and increasing (II) fuel mix and energy production, including
buildings to be commissioned and evaluated by emissions reductions in buildings to achieve net- through the development of vulnerability assess-
key Federal agencies by 3 years and 6 years zero energy or energy-generating buildings, in- ments and analysis of building resilience for
after the date of enactment of this Act. cluding through electrification; proposed building designs, building sites, or ex-
(4) FEDERAL AGENCY DESCRIBED.—The key (ii) promote the commercial application of isting buildings;
Federal agencies referred to paragraph (2)(A) emerging concepts and technologies in build- (iii) support research and development on the
shall include buildings operated by— ings; use of various potential energy sources and dis-
(A) the Department of the Army; (iii) share best practices from successful tributed generation to supply cooling, heating,
(B) the Department of the Navy; projects; and and power for buildings, including integrated
(C) the Department of the Air Force; (iv) ensure a diversity of entities receive tech- and adaptive control solutions that address tra-
(D) the Department of Energy; nical assistance, including low-income and rural ditional building energy management and
(E) the Department of the Interior; communities. emerging technologies, such as batteries, ther-
(F) the Department of Veterans Affairs; and (B) BETTER BUILDINGS ACCELERATOR.—In car- mal storage, and combined heat and power,
(G) the General Services Administration. rying out the program under subparagraph (A), compatible with all sizes of buildings;
(5) REQUIREMENT.—In implementing the pro- the Secretary shall develop smart building accel- (iv) support the development and integration
gram established under this subsection, the Sec- erators that will demonstrate innovative policies of technologies that enable low-emissions and
retary shall leverage existing financing mecha- and approaches to accelerate the transition to energy-efficient or advanced buildings, such as
nisms, including energy savings performance smart buildings in the public, institutional, lab- heating, ventilation, air-conditioning, and re-
contracts, utility energy service contracts, and oratory, industrial, commercial, and residential frigeration systems and other appliances that
annual appropriations. sectors, including in rural, low-income, and are cost-competitive over the life of the product
(6) EVALUATION.—Using the guidelines of the multi-family housing. as compared to conventional technologies and
Federal Energy Management Program relating (C) BUILDING AMERICA PROGRAM.—The Sec- that incorporate considerations of retrofitting
to whole-building evaluation, measurement, and retary shall carry out a research, development, and ease of installation, using a whole-systems
verification, the Secretary shall evaluate the and demonstration program on tools, tech- and whole-buildings approach;
costs and benefits of the buildings selected nologies, and techniques to reduce energy use (v) support the development and integration
under paragraph (2), including an identification and emissions in new and existing residential of cost-effective next-generation window and
of— buildings, in partnership with industry entities. building envelope technologies that incorporate
(A) which advanced building technologies— (2) RESEARCH AND DEVELOPMENT.— considerations of retrofitting and ease of instal-
(i) are most cost-effective; and (A) IN GENERAL.—Not later than 180 days lation;
(ii) show the most promise for— after the date of enactment of this Act, the Sec- (vi) support development of alternative work-
(I) increasing building energy savings; retary shall establish a program of research, de- ing fluids and refrigerants for use in buildings
(II) increasing service performance to building velopment, demonstration, and commercial ap- equipment to reduce their impact on climate
occupants; plication to develop cost-effective tools, tech- change; and
nologies, and practices that reduce greenhouse (vii) research methods to enhance comfort and
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and gas emissions or other pollutants from, increase health of individual occupants in buildings that
(B) any other information the Secretary deter- the energy efficiency of, and increase beneficial also result in improved energy efficiency and
mines to be appropriate. electrification of new and existing commercial emissions reductions, including indoor air pollu-
(7) AWARDS.—The Secretary may expand and residential buildings, including retrofits tion.
(E) GRID-INTERACTIVE BUILDINGS.—As part of
awards made under the Federal Energy Man- and electrification of existing buildings, rural
the program established under subparagraph
agement Program and the Better Building Chal- housing, low-income housing, multi-family
(A), the Secretary shall support research and
lenge to recognize specific agency achievements housing, and manufactured housing.
development to enable components of commer-
in accelerating the adoption of smart building (B) ENERGY EQUITY.—The Secretary shall
cial and residential buildings to serve as dy-
technologies. carry out research to identify barriers to and
namic energy loads and energy resources to en-
(c) SURVEY OF PRIVATE SECTOR SMART BUILD- strategies for expanding the use of low-emissions
able smart building designs. In particular, the
INGS.— and energy-efficient building technologies and
(1) SURVEY.—The Secretary shall conduct a Secretary shall focus on the development of—
appliances in the buildings where members of (i) advanced building energy management sys-
survey of privately owned smart buildings frontline communities live and work. Research tems through the integration of sensors and ad-
throughout the United States, including com- topics covered under this subparagraph may in- vanced control technologies and systems that
mercial buildings, laboratory facilities, hos- clude— allow whole-building optimization and integra-
pitals, multifamily residential buildings, and (i) barriers to the use of technologies devel-
tion with other energy systems, including
buildings owned by nonprofit organizations and oped under this subsection in rural, low-income,
photovoltaics, electric vehicles, and energy stor-
institutions of higher education. and multi-family housing;
age technologies such as thermal storage;
(2) SELECTION.—From among the smart build- (ii) causes of and solutions for inequitable en- (ii) cost-effective sensors that enable moni-
ings surveyed under paragraph (1), the Sec- ergy costs in residential buildings based on race toring of building conditions and energy load,
retary shall select not fewer than 1 building or class; and including, as appropriate, reporting energy use
each from an appropriate range of building (iii) solutions that enable energy-efficient and forecasting energy needs;
sizes, types, and geographic locations. homes while keeping housing affordable for low- (iii) improved analysis of data on the energy
(3) EVALUATION.—Using the guidelines of the income communities. use of devices connected to buildings, including
Federal Energy Management Program relating (C) NON-TECHNICAL BARRIERS.—The Secretary miscellaneous electric loads;
to whole-building evaluation, measurement, and shall support research and analysis to identify (iv) advanced control technologies and sys-
verification, the Secretary shall evaluate the non-technical barriers, and methods to address tems that enable flexible operation of building
costs and benefits of the buildings selected such barriers, to enable greater use of tools and components and that are capable of coordi-
under paragraph (2), including an identification technologies developed under this subsection in nating and executing energy control commands
of— new and existing commercial and residential in response to signals from the electric grid;
(A) which advanced building technologies and buildings, including rural housing, low-income (v) flexible building components capable of re-
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systems— housing, and multi-family housing. porting and modulating energy use in response
(i) are most cost-effective; and (D) ADVANCED BUILDING CONSTRUCTION, DE- to control commands, as appropriate;
(ii) show the most promise for— SIGN, AND RETROFITS.—As part of the program (vi) data analysis and communication proto-
(I) increasing building energy savings; established under subparagraph (A), the Sec- cols to further systems integration, interoper-
(II) increasing service performance to building retary shall support research and development ability, and automation;
occupants; on technologies and methodologies to enable ad- (vii) building energy storage capabilities to
(III) reducing environmental impacts; and vanced building design, construction tech- modulate peak and off-peak energy demand;
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4793
(viii) distributed energy resources at the Energy, including the Office of Electricity, the ‘‘(1) the State has implemented for such utility
community- and building-level through localized Advanced Manufacturing Office, the Vehicle the standard concerned (or a comparable stand-
electric grids; Technologies Office, the Geothermal Tech- ard);
(ix) technologies to reduce energy use and nologies Office, and the Office of Cybersecurity, ‘‘(2) the State regulatory authority for such
emissions in connected communities and neigh- Energy Security, and Emergency Response. State or relevant nonregulated electric utility
borhoods located in a variety of climates, in- (e) REPORT.—Not later than 2 years after the has conducted a proceeding to consider imple-
cluding by enabling transactive energy con- date of enactment of this Act, and every 2 years mentation of the standard concerned (or a com-
cepts; and thereafter until a total of 3 reports have been parable standard) for such utility; or
(x) cybersecurity practices that protect pri- made, the Secretary shall submit to the Com- ‘‘(3) the State legislature has voted on the im-
vacy and personally identifiable information. mittee on Energy and Natural Resources of the plementation of such standard (or a comparable
(F) MODELING AND DATA ANALYSIS.—As part Senate and the Committee on Energy and Com- standard) for such utility.’’.
of the program established under subparagraph merce and the Committee on Science, Space, and (e) PRIOR AND PENDING PROCEEDINGS.—Sec-
(A), the Secretary shall support the development Technology of the House of Representatives a tion 124 of the Public Utility Regulatory Policies
of building models, including for the design and report on— Act of 1978 (16 U.S.C. 2634) is amended by add-
operation of buildings, and the analysis of rel- (1) the establishment of the Federal Smart ing at the end the following: ‘‘In the case of the
evant data to enable smart buildings. In par- Building Program and the evaluation of Federal standard established by paragraph (20) of sec-
ticular, the Secretary shall focus on the develop- smart buildings under subsection (b); tion 111(d), the reference contained in this sec-
ment of— (2) the survey and evaluation of private sector
tion to the date of the enactment of this Act
(i) advanced modeling capabilities that in- smart buildings under subsection (c); and
shall be deemed to be a reference to the date of
clude modeling of grid interactivity, resilience, (3) any recommendations of the Secretary to
enactment of such paragraph (20).’’.
and relevant behavioral, community-scale, and further accelerate the transition to smart build-
ings. SEC. 2102. COORDINATION OF PROGRAMS.
urban-scale activities in order to—
(I) provide system-level analysis of new tech- TITLE II—RENEWABLE ENERGY To the maximum extent practicable, the Sec-
nologies, including distributed generation and Subtitle A—Energy Storage retary of Energy shall ensure that the funding
storage; and administration of the different offices with-
PART 1—CONSIDERATION OF ENERGY in the Grid Modernization Initiative of the De-
(II) evaluate system benefits such as emissions STORAGE SYSTEMS
reductions, community resilience, distribution partment of Energy and other programs con-
SEC. 2101. CONSIDERATION OF ENERGY STORAGE ducting energy storage research are coordinated
grid reliability, and service to underserved com- SYSTEMS.
munities; and streamlined.
(a) IN GENERAL.—Section 111(d) of the Public
(III) provide data, derived from both simula- PART 2—ENERGY STORAGE AND
Utility Regulatory Policies Act of 1978 (16 U.S.C.
tion and demonstration projects established MICROGRID PROJECTS
2621(d)) is amended by adding at the end the
under subparagraph (G), to inform decision sup-
following: SEC. 2121. DEFINITIONS.
port and new business models; and ‘‘(20) CONSIDERATION OF ENERGY STORAGE SYS-
(ii) automated methods to generate models of (a) DEFINITIONS.—In this part:
TEMS.—Each State shall consider requiring that, (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
proposed or existing buildings; as part of a supply side resource planning proc-
(iii) methods to address barriers, including ty’’ means—
ess, an electric utility of the State demonstrate (A) a rural electric cooperative; or
non-technical barriers, to commercial applica-
to the State that the electric utility considered (B) a nonprofit organization working with at
tion of building models for building operation;
an investment in energy storage systems based least 6 rural electric cooperatives.
(iv) methods to analyze data collected by tech-
on appropriate factors, including—
nologies in smart buildings and collections of ‘‘(A) total costs and normalized life cycle (2) ENERGY STORAGE.—The term ‘‘energy stor-
buildings; costs; age’’ means the use of equipment or facilities re-
(v) artificial intelligence and machine learn- ‘‘(B) cost effectiveness; lating to the electric grid that are capable of ab-
ing approaches to building energy management; ‘‘(C) improved reliability; sorbing and converting energy, as applicable,
and ‘‘(D) security; and storing the energy for a period of time, and dis-
(vi) advanced data collection and monitoring ‘‘(E) system performance and efficiency.’’. patching the energy, that—
methods for utilities at the building level and (b) TIME LIMITATIONS.—Section 112(b) of the (A) use mechanical, electrochemical, bio-
component level. Public Utility Regulatory Policies Act of 1978 (16 chemical, or thermal processes, to convert and
(G) DEMONSTRATION PROGRAM.—The Sec- U.S.C. 2622(b)) is amended by adding at the end store energy that was generated at an earlier
retary shall establish a competitive grant pro- the following: time for use at a later time;
gram for the demonstration of advanced build- ‘‘(7)(A) Not later than 1 year after the date of (B) use mechanical, electrochemical, bio-
ing technologies and systems developed under enactment of this paragraph, each State regu- chemical, or thermal processes to convert and
the program established under subparagraph latory authority (with respect to each electric store energy generated from mechanical proc-
(A) that— utility for which the State regulatory authority esses that would otherwise be wasted for deliv-
(i) focuses on a range of new and existing has ratemaking authority) and each nonregu- ery at a later time; or
building types, including low-income housing, lated electric utility shall commence the consid- (C) convert and store energy in an electric,
rural housing and agricultural buildings, multi- eration referred to in section 111, or set a hear- thermal, or gaseous state for direct use for heat-
family residential buildings, manufactured ing date for consideration, with respect to the ing or cooling at a later time in a manner that
housing, and small and medium-sized commer- standard established by paragraph (20) of sec- avoids the need to use electricity or other fuel
cial buildings; and tion 111(d). sources at that later time, as is offered by grid-
(ii) includes community-scale demonstration ‘‘(B) Not later than 2 years after the date of enabled water heaters.
projects. enactment of this paragraph, each State regu- (3) ISLAND.—The term ‘‘island mode’’ means a
(H) TESTING AND VALIDATION.—In carrying latory authority (with respect to each electric mode in which a distributed generator or energy
out the program under subparagraph (A), the utility for which the State regulatory authority storage device continues to power a location in
Secretary shall— has ratemaking authority), and each nonregu- the absence of electric power from the primary
(i) support testing and validation activities to lated electric utility, shall complete the consid- source.
improve the commercial application of relevant eration, and shall make the determination, re-
tools, technologies, and methods, including the (4) MICROGRID.—The term ‘‘microgrid’’ means
ferred to in section 111 with respect to the
use of testbeds to determine cost savings and an interconnected system of loads and distrib-
standard established by paragraph (20) of sec-
performance in realistic scenarios; and uted energy resources, including generators and
tion 111(d).’’.
(ii) support analysis, testing, and validation energy storage devices, within clearly defined
(c) FAILURE TO COMPLY.—Section 112(c) of
to accurately determine energy savings, emis- electrical boundaries that—
the Public Utility Regulatory Policies Act of
sions reductions, cost-savings, and other poten- 1978 (16 U.S.C. 2622(c)) is amended by adding at (A) acts as a single controllable entity with re-
tial impacts of the highest-performing appli- the end the following: ‘‘In the case of the stand- spect to the electric grid; and
ances that are commercially available. ard established by paragraph (20) of section (B) can connect to, and disconnect from, the
(I) PARTNERSHIPS.—In carrying out the activi- 111(d), the reference contained in this sub- electric grid to operate in both grid-connected
ties authorized in this subsection, the Secretary section to the date of enactment of this Act shall mode and island mode.
shall work with utilities, State and local energy be deemed to be a reference to the date of enact- (5) RENEWABLE ENERGY SOURCE.—The term
offices, building owners, technology developers, ment of such paragraph (20).’’. ‘‘renewable energy source’’ has the meaning
contractors, building developers, and other rel- (d) PRIOR STATE ACTIONS.—Section 112 of the given the term in section 609(a) of the Public
evant entities to guide the focus areas of the ac- Public Utility Regulatory Policies Act of 1978 (16 Utility Regulatory Policies Act of 1978 (7 U.S.C.
tivities of the program carried out under sub- U.S.C. 2622) is amended by adding at the end 918c(a)).
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paragraph (A) and to encourage the commercial the following: (6) RURAL ELECTRIC COOPERATIVE.—The term
application of these technologies by building ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) ‘‘rural electric cooperative’’ means an electric
owners, operators, developers, occupants, con- and (c) of this section shall not apply to the cooperative (as defined in section 3 of the Fed-
tractors, or other relevant entities. standard established by paragraph (20) of sec- eral Power Act (16 U.S.C. 796)) that sells electric
(J) COORDINATION.—In carrying out this sub- tion 111(d) in the case of any electric utility in energy to persons in rural areas.
section, the Secretary shall coordinate across all a State if, before the enactment of this sub- (7) SECRETARY.—The term ‘‘Secretary’’ means
relevant program offices at the Department of section— the Secretary of Energy.
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H4794 CONGRESSIONAL RECORD — HOUSE September 23, 2020
SEC. 2122. ENERGY STORAGE AND MICROGRID AS- (C) understanding financing alternatives; Commission should be revised in light of the les-
SISTANCE PROGRAM. (D) permitting and siting issues; sons learned from such reports;
(a) IN GENERAL.—Not later than 180 days (E) obtaining case studies of similar and suc- (3) a determination of whether additional
after the date of enactment of this Act, the Sec- cessful energy storage or microgrid projects; safety inspections of dams should be required
retary shall establish a program under which (F) reviewing and obtaining computer soft- after large storms;
the Secretary shall— ware for assessment, design, and operation and (4) a determination of whether the safety re-
(1) provide grants to eligible entities under maintenance of energy storage or microgrid sys- quirements and testing protocols for dams ade-
subsection (c); tems; and quately account for the projected effects of cli-
(2) provide technical assistance to eligible en- (G) understanding and utilizing the reliability mate change and atmospheric rivers on dams;
tities under subsection (d); and and resiliency benefits of energy storage and and
(3) disseminate information to eligible entities microgrid projects. (5) a determination of whether additional ac-
on— (2) EXTERNAL CONTRACTS.—In carrying out tions should be taken to ensure the safety of
(A) the activities described in subsections paragraph (1), the Secretary may enter into con- dams that operate without an emergency spill-
(c)(1) and (d); and tracts with third-party experts, including engi- way.
(B) potential and existing energy storage and neering, finance, and insurance experts, to pro- SEC. 2203. DAM SAFETY CONDITIONS.
microgrid projects. vide technical assistance to eligible entities re- Section 10 of the Federal Power Act (16 U.S.C.
(b) COOPERATIVE AGREEMENT.—The Secretary lating to the activities described in such para- 803) is amended by adding at the end the fol-
may enter into a cooperative agreement with an graph, or other relevant activities, as deter- lowing:
eligible entity to carry out subsection (a). mined by the Secretary. ‘‘(k) That the dam and other project works
(c) GRANTS.— SEC. 2123. AUTHORIZATION OF APPROPRIATIONS. meet the Commission’s dam safety requirements
(1) IN GENERAL.—The Secretary shall award (a) IN GENERAL.—There is authorized to be and that the licensee shall continue to manage,
grants to eligible entities for identifying, evalu- appropriated to carry out this part $5,000,000 for operate, and maintain the dam and other
ating, designing, and demonstrating energy each of fiscal years 2021 through 2025. project works in a manner that ensures dam
storage and microgrid projects that utilize en- (b) ADMINISTRATIVE COSTS.—Not more than 5 safety and public safety under the operating
ergy from renewable energy sources. percent of the amount appropriated under sub- conditions of the license.’’.
(2) APPLICATION.—To be eligible to receive a section (a) for each fiscal year shall be used for SEC. 2204. DAM SAFETY REQUIREMENTS.
grant under paragraph (1), an eligible entity administrative expenses.
shall submit to the Secretary an application at Section 15 of the Federal Power Act (16 U.S.C.
such time, in such manner, and containing such Subtitle B—Dam Safety 808) is amended by adding at the end the fol-
information as the Secretary may require. SEC. 2201. HYDROELECTRIC PRODUCTION INCEN- lowing:
TIVES AND EFFICIENCY IMPROVE- ‘‘(g) The Commission may issue a new license
(3) USE OF GRANT.—An eligible entity that re-
ceives a grant under paragraph (1)— MENTS. under this section only if the Commission deter-
(A) shall use the grant— (a) HYDROELECTRIC PRODUCTION INCEN- mines that the dam and other project works cov-
(i) to conduct feasibility studies to assess the TIVES.—Section 242 of the Energy Policy Act of ered by the license meet the Commission’s dam
potential for implementation or improvement of 2005 (42 U.S.C. 15881) is amended— safety requirements and that the licensee can
energy storage or microgrid projects; (1) in subsection (b), by striking paragraph (1) continue to manage, operate, and maintain the
(ii) to analyze and implement strategies to and inserting the following: dam and other project works in a manner that
overcome barriers to energy storage or microgrid ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.— ensures dam safety and public safety under the
project implementation, including financial, The term ‘qualified hydroelectric facility’ means operating conditions of the new license.’’.
contracting, siting, and permitting barriers; a turbine or other generating device owned or SEC. 2205. VIABILITY PROCEDURES.
(iii) to conduct detailed engineering of energy solely operated by a non-Federal entity— The Federal Energy Regulatory Commission
storage or microgrid projects; ‘‘(A) that generates hydroelectric energy for shall establish procedures to assess the financial
(iv) to perform a cost-benefit analysis with re- sale; and viability of an applicant for a license under the
spect to an energy storage or microgrid project; ‘‘(B)(i) that is added to an existing dam or Federal Power Act to meet applicable dam safe-
(v) to plan for both the short- and long-term conduit; or ty requirements and to operate the dam and
inclusion of energy storage or microgrid projects ‘‘(ii)(I) that has a generating capacity of not project works under the license.
into the future development plans of the eligible more than 10 megawatts; SEC. 2206. FERC DAM SAFETY TECHNICAL CON-
entity; or ‘‘(II) for which the non-Federal entity has re- FERENCE WITH STATES.
(vi) to purchase and install necessary equip- ceived a construction authorization from the (a) TECHNICAL CONFERENCE.—Not later than
ment, materials, and supplies for demonstration Federal Energy Regulatory Commission, if ap- April 1, 2021, the Federal Energy Regulatory
of emerging technologies; and plicable; and Commission, acting through the Office of En-
(B) may use the grant to obtain technical as- ‘‘(III) that is constructed in a region in which ergy Projects, shall hold a technical conference
sistance from experts in carrying out the activi- there is inadequate electric service, as deter- with the States to discuss and provide informa-
ties described in subparagraph (A). mined by the Secretary.’’; tion on—
(4) CONDITION.—As a condition of receiving a (2) in subsection (c), by striking ‘‘10’’ and in- (1) dam maintenance and repair;
grant under paragraph (1), an eligible entity serting ‘‘22’’; (2) Risk Informed Decision Making (RIDM);
shall— (3) in subsection (e)(2), by striking ‘‘section (3) climate and hydrological regional changes
(A) implement a public awareness campaign, 29(d)(2)(B)’’ and inserting ‘‘section that may affect the structural integrity of dams;
in coordination with the Secretary, about the 45K(d)(2)(B)’’; and
project implemented under the grant in the com- (4) in subsection (f), by striking ‘‘20’’ and in- (4) high hazard dams.
munity in which the eligible entity is located; serting ‘‘32’’; and (b) AUTHORIZATION OF APPROPRIATIONS.—
(B) submit to the Secretary, and make avail- (5) in subsection (g), by striking ‘‘each of the There is authorized to be appropriated to carry
able to the public, a report that describes— fiscal years 2006 through 2015’’ and inserting out this section $1,000,000 for fiscal year 2021.
(i) any energy cost savings and environmental ‘‘each of fiscal years 2019 through 2036’’. (c) STATE DEFINED.—In this section, the term
benefits achieved under the project; and (b) HYDROELECTRIC EFFICIENCY IMPROVE- ‘‘State’’ has the meaning given such term in sec-
(ii) the results of the project, including quan- MENT.—Section 243(c) of the Energy Policy Act tion 3 of the Federal Power Act (16 U.S.C. 796).
titative assessments to the extent practicable, as- of 2005 (42 U.S.C. 15882(c)) is amended by strik- SEC. 2207. REQUIRED DAM SAFETY COMMUNICA-
sociated with each activity described in para- ing ‘‘each of the fiscal years 2006 through 2015’’ TIONS BETWEEN FERC AND STATES.
graph (3)(A); and and inserting ‘‘each of fiscal years 2019 through (a) IN GENERAL.—The Commission, acting
(C) create and disseminate tools and resources 2036’’. through the Office of Energy Projects, shall no-
that will benefit other rural electric coopera- SEC. 2202. FERC BRIEFING ON EDENVILLE DAM tify a State within which a project is located
tives, which may include cost calculators, guide- AND SANFORD DAM FAILURES. when—
books, handbooks, templates, and training Not later than 90 days after the date on which (1) the Commission issues a finding, following
courses. the Forensic Investigation Team submits to the a dam safety inspection, that requires the li-
(5) COST-SHARE.—Activities under this sub- Federal Energy Regulatory Commission the re- censee for such project to take actions to repair
section shall be subject to the cost-sharing re- ports on the root causes, and any other contrib- the dam and other project works that are the
quirements of section 988 of the Energy Policy uting causes, of the Edenville Dam and Sanford subject of such finding;
Act of 2005 (42 U.S.C. 16352). Dam failures, the Federal Energy Regulatory (2) after a period of 5 years starting on the
(d) TECHNICAL ASSISTANCE.— Commission shall conduct a briefing for, and date a finding under paragraph (1) is issued,
(1) IN GENERAL.—In carrying out the program submit a report summarizing such briefing to, the licensee has failed to take actions to repair
established under subsection (a), the Secretary the Committee on Energy and Commerce of the the dam and other project works, as required by
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shall provide eligible entities with technical as- House of Representatives that includes— such finding; and
sistance relating to— (1) an explanation of the findings of the Fo- (3) the Commission initiates a non-compliance
(A) identifying opportunities for energy stor- rensic Investigation Team reports on the root proceeding or otherwise takes steps to revoke a
age and microgrid projects; causes, and any other contributing causes, of license issued under section 4 of the Federal
(B) understanding the technical and economic the Edenville Dam and Sanford Dam failures; Power Act (16 U.S.C. 797) due to the failure of
characteristics of energy storage or microgrid (2) a determination of whether the dam safety a licensee to take actions to repair a dam and
projects; procedures of the Federal Energy Regulatory other project works.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4795
(b) NOTICE UPON REVOCATION, SURRENDER, OR (C) to charge a plug-in electric drive vehicle at permitting, inspecting, or interconnecting quali-
IMPLIED SURRENDER OF A LICENSE.—If the Com- a power rate of at least 2 kilowatts; fying distributed energy systems.
mission issues an order to revoke a license or ap- (D) to refuel a fuel cell electric vehicle; or (d) FEE AUTHORITY.—The Board may assess
prove the surrender or implied surrender of a li- (E) to store and discharge electricity from fuel fees for the provision of services by the Board in
cense under the Federal Power Act (16 U.S.C. cell systems with a capacity of at least 2 kilo- amounts determined reasonable and appropriate
792 et seq.), the Commission shall provide to the watt hours. by the Board, including fees from participating
State within which the project that relates to (5) SECRETARY.—The term ‘‘Secretary’’ means distributed energy system installers relating to
such license is located— the Secretary of Energy. the activities of the Board described in sub-
(1) all records pertaining to the structure and SEC. 2302. ESTABLISHMENT OR DESIGNATION OF section (c)(2).
operation of the applicable dam and other THE DISTRIBUTED ENERGY OPPOR- (e) SUPPORT SERVICES.—The Secretary shall—
project works, including, as applicable, any dam TUNITY BOARD. (1) provide technical assistance to the Board
safety inspection reports by independent con- (a) IN GENERAL.—Not later than 180 days in carrying out the activities described in sub-
sultants, specifications for required repairs or after the date of enactment of this Act, the Sec- section (c)(2); and
maintenance of such dam and other project retary, in consultation with trade associations (2) provide such financial assistance to the
works that have not been completed, and esti- and other entities representing distributed en- Board as the Secretary determines to be appro-
mates of the costs for such repairs or mainte- ergy system installers and organizations rep- priate from any funds appropriated to carry out
nance; resenting State, local, and Tribal governments this subtitle.
(2) all records documenting the history of engaged in permitting, shall establish or des- SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY
maintenance or repair work for the applicable ignate a nonprofit corporation, to be known as COMMUNITIES.
dam and other project works; the ‘‘Distributed Energy Opportunity Board’’, (a) IN GENERAL.—The Secretary shall recog-
(3) information on the age of the dam and to carry out a program to streamline the process nize and certify certain communities as ‘‘Dis-
other project works and the hazard classifica- for local permitting and inspection of qualifying tributed Energy Opportunity Communities’’.
tion of the dam and other project works; distributed energy systems. (b) QUALIFICATIONS.—The Secretary may cer-
(4) the most recent assessment of the condition (b) COMPOSITION.—The Board shall include tify a State, local community, or Tribe as a
of the dam and other project works by the Com- representatives from— ‘‘Distributed Energy Opportunity Community’’
mission; (1) relevant Federal agencies, or organizations if that State, local community, or Tribe has
(5) as applicable, the most recent hydrologic that represent those agencies; adopted and implemented the model expedited
information used to determine the potential (2) State, local, and Tribal governments, or or- permit-to-build protocol established by the
maximum flood for the dam and other project ganizations that represent those governments; Board.
works; and (3) distributed energy generation companies; (c) PROCESS.—The Secretary may confer a cer-
(6) the results of the most recent risk assess- (4) battery storage companies; tification under subsection (a) through existing
ment completed on the dam and other project (5) associations that represent the distributed programs of the Department of Energy.
works. energy generation and battery storage industry; (d) GRANTS.—The Secretary may award com-
(c) DEFINITION.—In this section: (6) building code agencies and organizations, petitive grants, using funds appropriated to the
(1) COMMISSION.—The term ‘‘Commission’’ including a model energy code-setting organiza- Secretary to carry out this subtitle, to encourage
means the Federal Energy Regulatory Commis- tion; communities to adopt the model expedited per-
sion. (7) other codes and standards organizations; mit-to-build protocol and standardized inspec-
(2) LICENSEE.—The term ‘‘licensee’’ has the and tion processes established by the Board.
meaning given such term in section 3 of the Fed- (8) fuel cell system companies.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS.
eral Power Act (16 U.S.C. 796). (c) PURPOSE AND ACTIVITIES OF THE BOARD.—
(3) PROJECT.—The term ‘‘project’’ has the (1) PURPOSE.—The purpose of the Board is to There is authorized to be appropriated to the
meaning given such term in section 3 of the Fed- establish a voluntary program for facilitating— Secretary to carry out this subtitle $20,000,000
eral Power Act (16 U.S.C. 796). (A) streamlined permitting processes of quali- for each of fiscal years 2021 through 2025.
Subtitle C—Distributed Renewable Energy fying distributed energy systems; and Subtitle D—Low-income Solar
SEC. 2301. DEFINITIONS. (B) certification of distributed energy system SEC. 2401. GRANT PROGRAM FOR SOLAR INSTAL-
In this subtitle: installers. LATIONS LOCATED IN, OR THAT
(1) AUTHORITY HAVING JURISDICTION.—The (2) ACTIVITIES.—The Board shall— SERVE, LOW-INCOME AND UNDER-
(A) develop and maintain a streamlined per- SERVED AREAS.
term ‘‘authority having jurisdiction’’ means any
mitting process, such as a national online per- (a) DEFINITIONS.—In this section:
State, county, local, or Tribal office or official
mitting system and technology platform for ex- (1) BENEFICIARY.—The term ‘‘beneficiary’’
with jurisdiction—
pediting, standardizing, and streamlining per- means a low-income household or a low-income
(A) to issue permits;
(B) to conduct inspections to enforce the re- mitting, that authorities having jurisdiction household in an underserved area.
quirements of a relevant code or standard; or may use, at the discretion of those authorities, (2) COMMUNITY SOLAR FACILITY.—The term
(C) to approve the installation of, or the to receive, review, and approve permit applica- ‘‘community solar facility’’ means a solar gener-
equipment and materials used in the installation tions relating to qualifying distributed energy ating facility that—
of, qualifying distributed energy systems. systems; (A) through a voluntary program, has mul-
(2) BOARD.—The term ‘‘Board’’ means the (B) establish a model expedited permit-to-build tiple subscribers that receive financial benefits
Distributed Energy Opportunity Board estab- protocol for qualifying distributed energy sys- that are directly attributable to the facility;
lished or designated under section 2302(a). tems; (B) has a nameplate rating of 5 megawatts AC
(3) DISTRIBUTED ENERGY SYSTEM INSTALLER.— (C) provide technical assistance to authorities or less; and
The term ‘‘distributed energy system installer’’ having jurisdiction on using and adopting— (C) is located in the utility distribution service
means an entity or individual— (i) the streamlined permitting process de- territory of subscribers.
(A) with knowledge and skills relating to— scribed in subparagraph (A); and (3) COMMUNITY SOLAR SUBSCRIPTION.—The
(i) the construction and operation of the (ii) the model expedited permit-to-build pro- term ‘‘community solar subscription’’ means a
equipment used in qualifying distributed energy tocol described in subparagraph (B); share in the capacity, or a proportional interest
systems; and (D)(i) investigate the development of vol- in the electricity generation, of a community
(ii) the installation of qualifying distributed untary national certifications for distributed en- solar facility.
energy systems; and ergy system installers and qualifying distributed (4) COVERED FACILITY.—The term ‘‘covered fa-
(B) that has employed safety training to rec- energy systems; and cility’’ means—
ognize and avoid the hazards involved in con- (ii) if the Board determines that the national (A) a community solar facility—
structing, operating, and installing qualifying certifications would expedite and streamline the (i) that is located in an underserved area; or
distributed energy systems. permitting and inspection process, develop the (ii) at least 50 percent of the capacity of
(4) QUALIFYING DISTRIBUTED ENERGY SYS- voluntary national certifications; which is reserved for low-income households;
TEM.—The term ‘‘qualifying distributed energy (E) develop and maintain a voluntary na- (B) a solar generating facility located at a res-
system’’ means any equipment or materials in- tional inspection protocol integrated with the idence of a low-income household; or
stalled in, on, or near a residential, commercial, national online permitting system described in (C) a solar generating facility located at a
or industrial building to support onsite or local subparagraphs (A) and (B) and related tools to multi-family affordable housing complex.
energy use, including— expedite, standardize, and streamline the in- (5) COVERED STATE.—The term ‘‘covered
(A) to generate electricity from distributed re- spection of qualifying distributed energy sys- State’’ means a State with processes in place to
newable energy sources, including from— tems, including— ensure that covered facilities deliver financial
(i) solar photovoltaic modules or similar solar (i) by investigating the potential for using re- benefits to low-income households.
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energy technologies; mote inspections; and (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
(ii) wind power systems; and (ii) by investigating the potential for sample- ty’’ means—
(iii) hydrogen electrolysis and fuel cell sys- based inspection for distributed energy system (A) a nonprofit organization that provides
tems; installers with a demonstrated track record of services to low-income households or multi-fam-
(B) to store and discharge electricity from bat- high-quality work; and ily affordable housing complexes;
teries with a capacity of at least 2 kilowatt (F) take any other action to expedite, stand- (B) a developer, owner, or operator of a com-
hours; ardize, streamline, or improve the process for munity solar facility that reserves a portion of
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H4796 CONGRESSIONAL RECORD — HOUSE September 23, 2020
the capacity of the facility for subscribers who (16) PROGRAM.—The term ‘‘program’’ means (ii) eligible installation projects that will re-
are members of low-income households or for the program established under subsection (b). sult in development of covered facilities in un-
low-income households that otherwise finan- (17) SECRETARY.—The term ‘‘Secretary’’ means derserved areas; and
cially benefit from the facility; the Secretary of Energy. (iii) eligible projects that include apprentice-
(C) a covered State, or political subdivision (18) SOLAR GENERATING FACILITY.—The term ship, job training, or community participation
thereof; ‘‘solar generating facility’’ means— as part of their application; and
(D) an Indian Tribe or a tribally owned elec- (A) a generator that creates electricity from (B) ensure that such assistance is provided in
tric utility; light photons; and a manner that results in eligible projects being
(E) a Native Hawaiian community-based orga- (B) the accompanying hardware enabling that carried out on a geographically diverse basis
nization; electricity to flow— within and among covered States.
(F) any other national or regional entity that (i) onto the electric grid; (2) DETERMINATION OF FINANCIAL BENEFIT.—
has experience developing or installing solar (ii) into a facility or structure; or In determining the amount of financial benefit
(iii) into an energy storage device. for low-income households of an eligible instal-
generating facilities for low-income households
(19) STATE.—The term ‘‘State’’ means each of lation project, the Secretary shall ensure that
that maximize financial benefits to those house-
the 50 States, the District of Columbia, Guam,
holds; and all calculations for estimated household energy
the Commonwealth of Puerto Rico, the Northern
(G) an electric cooperative or municipal elec- savings are based solely on electricity offsets
Mariana Islands, the Virgin Islands, and Amer-
tric utility (as such terms are defined in section from the applicable covered facility and use for-
ican Samoa.
3 of the Federal Power Act). mulas established by the State or local govern-
(20) SUBSCRIBER.—The term ‘‘subscriber’’
(7) ELIGIBLE INSTALLATION PROJECT.—The ment with jurisdiction over the applicable cov-
means a person who—
term ‘‘eligible installation project’’ means a (A) owns a community solar subscription, or ered facility for verifiable household energy sav-
project to install a covered facility in a covered an equivalent unit or share of the capacity or ings estimates that accrue to low-income house-
State. generation of a community solar facility; or holds.
(8) ELIGIBLE PLANNING PROJECT.—The term (B) financially benefits from a community (e) ASSISTANCE.—
‘‘eligible planning project’’ means a project to (1) FORM.—The Secretary may provide assist-
solar facility, even if the person does not own a
carry out pre-installation activities for the de- ance under the program in the form of a grant
community solar subscription for the facility.
velopment of a covered facility in a covered (21) UNDERSERVED AREA.—The term ‘‘under- (which may be in the form of a rebate) or a low-
State. served area’’ means— interest loan.
(9) ELIGIBLE PROJECT.—The term ‘‘eligible (A) a geographical area with low or no photo- (2) MULTIPLE PROJECTS FOR SAME FACILITY.—
project’’ means— (A) IN GENERAL.—An eligible entity may apply
voltaic solar deployment, as determined by the
(A) an eligible planning project; or for assistance under the program for an eligible
Secretary;
(B) an eligible installation project. planning project and an eligible installation
(B) a geographical area that has low or no ac-
(10) FEASIBILITY STUDY.—The term ‘‘feasibility project for the same covered facility.
cess to electricity, as determined by the Sec-
study’’ means any activity to determine the fea- (B) SEPARATE SELECTIONS.—Selection by the
retary;
sibility of a specific solar generating facility, in- Secretary for assistance under the program of
(C) a geographical area with an average an-
cluding a customer interest assessment and a an eligible planning project does not require the
nual residential retail electricity price that ex-
siting assessment, as determined by the Sec- Secretary to select for assistance under the pro-
ceeds the national average annual residential
retary. gram an eligible installation project for the same
retail electricity price (as reported by the Energy
(11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ covered facility.
Information Agency) by 50 percent or more; or
means any Indian Tribe, band, nation, or other (f) USE OF ASSISTANCE.—
(D) trust land, as defined in section 3765 of (1) ELIGIBLE PLANNING PROJECTS.—An eligible
organized group or community, including any title 38, United States Code. entity receiving assistance for an eligible plan-
Alaska Native village, Regional Corporation, or (b) ESTABLISHMENT.—The Secretary shall es-
ning project under the program may use such
Village Corporation (as defined in, or estab- tablish a program to provide financial assist-
assistance to pay the costs of pre-installation
lished pursuant to, the Alaska Native Claims ance to eligible entities to—
(1) carry out planning projects that are nec- activities associated with an applicable covered
Settlement Act (43 U.S.C. 1601 et seq.)), that is
essary to establish the feasibility, obtain re- facility, including—
recognized as eligible for the special programs (A) feasibility studies;
and services provided by the United States to quired permits, identify beneficiaries, or secure (B) permitting;
Indians because of their status as Indians. subscribers to install a covered facility; or (C) site assessment;
(12) INTERCONNECTION SERVICE.—The term (2) install a covered facility for beneficiaries (D) on-site job training, or other community-
‘‘interconnection service’’ has the meaning in accordance with this section. based activities directly associated with the eli-
given such term in section 111(d)(15) of the Pub- (c) APPLICATIONS.— gible planning project; or
lic Utility Regulatory Policies Act of 1978 (16 (1) IN GENERAL.—To be eligible to receive as- (E) such other costs determined by the Sec-
U.S.C. 2621(d)(15)). sistance under the program, an eligible entity retary to be appropriate.
(13) LOW-INCOME HOUSEHOLD.—The term shall submit to the Secretary an application at (2) ELIGIBLE INSTALLATION PROJECTS.—An eli-
‘‘low-income household’’ means that income in such time, in such manner, and containing such gible entity receiving assistance for an eligible
relation to family size which— information as the Secretary may require. installation project under the program may use
(A) is at or below 200 percent of the poverty (2) INCLUSION FOR INSTALLATION ASSIST- such assistance to pay the costs of—
level determined in accordance with criteria es- ANCE.— (A) installation of a covered facility, includ-
(A) REQUIREMENTS.—For an eligible entity to ing costs associated with materials, permitting,
tablished by the Director of the Office of Man-
receive assistance for a project to install a cov- labor, or site preparation;
agement and Budget, except that the Secretary
ered facility, the Secretary shall require the eli- (B) storage technology sited at a covered facil-
may establish a higher level if the Secretary de-
gible entity to include— ity;
termines that such a higher level is necessary to
(i) information in the application that is suffi- (C) interconnection service expenses;
carry out the purposes of this section;
cient to demonstrate that the eligible entity has (D) on-site job training, or other community-
(B) is the basis on which cash assistance pay-
obtained, or has the capacity to obtain, nec- based activities directly associated with the eli-
ments have been paid during the preceding 12-
essary permits, subscribers, access to an instal- gible installation project;
month period under titles IV and XVI of the So-
lation site, and any other items or agreements (E) offsetting the cost of a subscription for a
cial Security Act (42 U.S.C. 601 et seq., 1381 et
necessary to comply with an agreement under covered facility described in subparagraph (A)
seq.) or applicable State or local law; or
subsection (g)(1) and to complete the installa- of subsection (a)(4) for subscribers that are
(C) if a State elects, is the basis for eligibility
tion of the applicable covered facility; members of a low income household; or
for assistance under the Low-Income Home En-
(ii) a description of the mechanism through (F) such other costs determined by the Sec-
ergy Assistance Act of 1981 (42 U.S.C. 8621 et
which financial benefits will be distributed to retary to be appropriate.
seq.), provided that such basis is at least 200 (g) ADMINISTRATION.—
beneficiaries or subscribers; and
percent of the poverty level determined in ac- (iii) an estimate of the anticipated financial (1) AGREEMENTS.—
cordance with criteria established by the Direc- benefit for beneficiaries or subscribers. (A) IN GENERAL.—As a condition of receiving
tor of the Office of Management and Budget. (B) CONSIDERATION OF PLANNING PROJECTS.— assistance under the program, an eligible entity
(14) MULTI-FAMILY AFFORDABLE HOUSING COM- The Secretary shall consider the successful com- shall enter into an agreement with the Sec-
PLEX.—The term ‘‘multi-family affordable hous- pletion of an eligible planning project pursuant retary.
ing complex’’ means any federally subsidized af- to subsection (b)(1) by the eligible entity to be (B) REQUIREMENTS.—An agreement entered
fordable housing complex in which at least 50 sufficient to demonstrate the ability of the eligi- into under this paragraph—
percent of the units are reserved for low-income ble entity to meet the requirements of subpara- (i) shall require the eligible entity to maintain
households. graph (A)(i). such records and adopt such administrative
(15) NATIVE HAWAIIAN COMMUNITY-BASED OR- (d) SELECTION.— practices as the Secretary may require to ensure
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GANIZATION.—The term ‘‘Native Hawaiian com- (1) IN GENERAL.—In selecting eligible projects compliance with the requirements of this section
munity-based organization’’ means any organi- to receive assistance under the program, the and the agreement;
zation that is composed primarily of Native Ha- Secretary shall— (ii) with respect to an eligible installation
waiians from a specific community and that as- (A) prioritize— project shall require that any solar generating
sists in the social, cultural, and educational de- (i) eligible installation projects that will result facility installed using assistance provided pur-
velopment of Native Hawaiians in that commu- in the most financial benefit for subscribers, as suant to the agreement comply with local build-
nity. determined by the Secretary; ing and safety codes and standards; and
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4797
(iii) shall contain such other terms as the Sec- and enter into contracts and cooperative agree- (16) Electrical grid integration, including—
retary may require to ensure compliance with ments under this section, and sections 2503, (A) integration of solar technologies into
the requirements of this section. 2504, and 2505 for each of the following pur- smart grid, transmission, and distribution;
(C) TERM.—An agreement under this para- poses: (B) coordination of solar with other distrib-
graph shall be for a term that begins on the date (1) To improve the energy efficiency, siting, uted and large-scale energy resources;
on which the agreement is entered into and ends reliability, resilience, security, capacity, and en- (C) electrical power smoothing;
on the date that is 2 years after the date on vironmental performance of solar energy genera- (D) microgrid integration;
which the eligible entity receives assistance pur- tion. (E) community solar;
suant to the agreement, which term may be ex- (2) To optimize the design and adaptability of (F) solar resource forecasting;
tended once for a period of not more than 1 year solar energy systems to the broadest practical (G) regional and national electric system bal-
if the eligible entity demonstrates to the satis- range of geographic and atmospheric conditions. ancing and long distance transmission options,
faction of the Secretary that such an extension (3) To reduce the cost of manufacturing, in- including direct current and superconducting
is necessary to complete the activities required stallation, operation, maintenance, and decom- transmission and long-term storage options;
by the agreement. missioning of solar energy systems. (H) ways to address system operations over
(2) USE OF FUNDS.—Of the funds made avail- (4) To create and improve conversion of solar minutes, hours, days, weeks, and seasons with
able to provide assistance to eligible installation energy to useful forms. respect to the full range of project scales; and
projects under this section over the period of fis- (b) GRANTS, CONTRACTS, AND COOPERATIVE (I) electric grid security, including cyber and
cal years 2021 through 2025, the Secretary shall AGREEMENTS.— physical security.
use— (1) GRANTS.—In carrying out the program es- (17) Non-hardware and information-based ad-
(A) not less than 50 percent to provide assist- tablished under subsection (a), the Secretary vances in solar energy system siting, design, in-
ance for eligible installation projects with re- shall award grants on a competitive, merit-re- stallation, operation, maintenance, and decom-
spect to which low-income households make up viewed basis to eligible entities for projects that missioning.
at least 50 percent of the subscribers to the the Secretary determines would best achieve the (18) Solar energy technology as a part of
project; and goals of the program. strategies commonly referred to as ‘‘behind-the-
(B) not more than 50 percent to provide assist- (2) CONTRACTS AND COOPERATIVE AGREE- meter strategies’’, including with respect to elec-
ance for eligible installation projects with re- MENTS.—In carrying out the program estab- tricity generation, load, energy efficiency, con-
spect to which low-income households make up lished under subsection (a), the Secretary may trols, storage, and electric vehicles.
at least 25 percent of the subscribers to the enter into contracts and cooperative agreements (19) Methods to reduce the total volume of
project. with eligible entities and Federal agencies for water used in the manufacture, construction,
(3) REGULATIONS.—Not later than 120 days projects that the Secretary determines would operation, and maintenance of solar energy
after the date of enactment of this Act, the Sec- further the purposes of the program. technologies.
retary shall publish in the Federal Register reg- (3) APPLICATION.—An entity seeking a grant (20) Siting of solar energy on previously dis-
ulations to carry out this section, which shall or a contract or agreement under this part shall turbed lands, including landfills, former mines,
take effect on the date of publication. submit to the Secretary an application at such and other areas requiring environmental man-
(h) AUTHORIZATION OF APPROPRIATIONS.— time, in such manner, and containing such in- agement.
(1) IN GENERAL.—There is authorized to be ap- formation as the Secretary may require. (21) Other subject areas determined by the
propriated to the Secretary to carry out this sec- (c) SOLAR ENERGY RESEARCH SUBJECT Secretary.
tion $200,000,000 for each of fiscal years 2021 AREAS.—The program established under sub- (d) TECHNICAL ASSISTANCE AND WORKFORCE
through 2025, to remain available until ex- section (a) shall focus on the research, develop- DEVELOPMENT.—In carrying out the program es-
pended. ment, demonstration, and commercial applica- tablished under subsection (a), the Secretary
(2) AMOUNTS FOR PLANNING PROJECTS.—Of the tion of each of the following subject areas: shall also conduct, for purposes of supporting
amounts appropriated pursuant to this section (1) Photovoltaic devices and related electronic technical, non-hardware, and information-
over the period of fiscal years 2021 through 2025, components, including converters, sensors, en- based advances in solar energy systems develop-
the Secretary shall use not more than 15 percent ergy monitors, communication and control ment and operations, including activities ex-
of funds to provide assistance to eligible plan- equipment, and protocols. panding access to solar energy for low-income
ning projects. (2) Concentrated solar power, including solar and disadvantaged individuals and commu-
(i) RELATIONSHIP TO OTHER ASSISTANCE.—The thermal and concentrating solar photovoltaic nities—
Secretary shall, to the extent practicable, en- technologies. (1) technical assistance and analysis activities
courage eligible entities that receive assistance (3) Low cost, high-quality solar energy sys- with eligible entities; and
under this section to leverage such funds by tems. (2) workforce development and training activi-
(4) Low cost, thin-film solar technologies, in- ties, including—
seeking additional funding through federally or
cluding the use of perovskite and cadmium tel- (A) activities that support the dissemination
locally subsidized weatherization and energy ef-
luride materials in solar cells. of standards and best practices for enabling
ficiency programs.
(5) Solar heating and cooling systems, includ- solar power production; and
Subtitle E—Research and Development ing distributed solar-powered air conditioning. (B) through the use of proven techniques to
PART 1—SOLAR ENERGY RESEARCH AND (6) Solar technology products that can be eas- expand the number of individuals from under-
DEVELOPMENT ily integrated into new buildings, existing build- represented groups pursuing and attaining skills
SEC. 2501. DEFINITIONS. ings, agricultural and aquatic environments, relevant to solar energy.
In this part: and other infrastructure. (e) PROGRAM TARGETS.—The program estab-
(1) The term ‘‘eligible entity’’ means any of (7) Solar technology that is resilient to ex- lished under subsection (a) shall address near-
the following entities: treme weather events. term (up to 2 years), mid-term (up to 7 years),
(8) Solar technology products integrated into and long-term (up to 15 years) challenges to the
(A) An institution of higher education.
(B) A National Laboratory. transportation applications in coordination advancement of solar energy systems.
(C) A Federal research agency. with vehicle technologies research and develop- (f) SUSTAINABLE CHEMISTRY.—Each entity re-
(D) A State research agency. ment activities supported by the Department of ceiving a grant, contract, or cooperative agree-
(E) A nonprofit research organization. Energy. ment under this section shall endeavor, in car-
(F) An industrial entity or a multi-institu- (9) Storage technologies to address the tran-
rying out activities under such grant, contract,
tional consortium thereof. sience and intermittency of solar energy re-
or cooperative agreement, to incorporate, where
(2) The term ‘‘institution of higher education’’ sources, including batteries, supercapacitors,
appropriate, sustainable and green chemistry
has the meaning given such term in section 101 and thermal storage.
and engineering principles, practices, and meth-
of the Higher Education Act of 1965 (20 U.S.C. (10) Microgrids using solar technology.
(11) Solar technologies enabling safe grid op- odologies.
1001). (g) WILDLIFE IMPACT MITIGATION.—In car-
erating conditions, such as fast-disconnect dur-
(3) The term ‘‘National Laboratory’’ has the rying out the program established under sub-
ing an emergency.
meaning given such term in section 2(3) of the section (a), the Secretary shall support wildlife
(12) Distributed solar energy technologies,
Energy Policy Act of 2005 (42 U.S.C. 15801(3)). impact mitigation technologies and strategies,
such as rooftop solar panels.
(4) The term ‘‘photovoltaic device’’ includes (13) Technologies and designs that enable a including the use of distributed solar tech-
photovoltaic cells and the electronic and elec- broad range of scales for solar power produc- nologies, to avoid, minimize, and offset the po-
trical components of such devices. tion. tential negative impacts of solar energy systems
(5) The term ‘‘Secretary’’ means the Secretary (14) Advanced solar manufacturing tech- on wildlife, including bird species, habitat, and
of Energy. nologies and best practices, including— local flora and fauna.
SEC. 2502. SOLAR ENERGY RESEARCH AND DE- (A) materials and processes; (h) STEWARDSHIP OF NATIONAL LABORATORY
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VELOPMENT. (B) development of industry standards; RESOURCES.—In awarding grants and entering
(a) IN GENERAL.—The Secretary shall carry (C) design and integration practices; and into contracts and cooperative agreements under
out a solar energy program to conduct research, (D) optimized packaging methods and new de- this part, the Secretary shall steward relevant
development, demonstration, and commercial vice designs. capabilities and programs of the National Lab-
application of solar energy technologies. In car- (15) Advanced analytic and computing capa- oratories.
rying out such program, the Secretary shall, in bilities for better modeling and simulations of (i) CONFORMING REPEALS.—The following pro-
accordance with subsection (b), award grants solar energy systems. visions of law are hereby repealed:
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H4798 CONGRESSIONAL RECORD — HOUSE September 23, 2020
(1) The Solar Energy Research, Development, nially thereafter, the Secretary shall conduct a tion, and commercial application projects, in ac-
and Demonstration Act of 1974 (42 U.S.C. 5551 et national solicitation for applications for grants cordance with section 2502(b), to advance inno-
seq.), except for section 10. under this section. vative and practical approaches to increase
(2) The Solar Photovoltaic Energy Research, SEC. 2504. NEXT GENERATION SOLAR ENERGY reuse and recycling of photovoltaic devices.
Development, and Demonstration Act of 1978 (42 MANUFACTURING INITIATIVE. (b) PURPOSE.—The Secretary shall award
U.S.C. 5581 et seq.). (a) IN GENERAL.—In carrying out the program grants and enter into contracts and cooperative
(3) Paragraphs (2) and (3) of section 4(a) of established under section 2502(a), the Secretary agreements under subsection (a) for projects
the Renewable Energy and Energy Efficiency shall conduct research, development, demonstra- that address—
Technology Competitiveness Act of 1989 (42 tion, and commercial application projects, in ac- (1) technology to increase the efficiency of
U.S.C. 12003(a)). cordance with section 2502(b), to advance new photovoltaic device recycling and maximize the
(4) Subparagraph (A) of section 931(a)(2) of solar energy manufacturing technologies and recovery of valuable raw materials for use in
the Energy Policy Act of 2005 (42 U.S.C. new products while minimizing the life-cycle en-
techniques, including those that manufacture
16231(a)(2)). vironmental impacts such as greenhouse gas
solar cells, hardware, and enabling devices.
(5) Sections 606 and 607 of the Energy Inde- emissions and water usage;
(b) STRATEGIC VISION REPORT.— (2) expanded uses for materials from recycled
pendence and Security Act of 2007 (42 U.S.C. (1) IN GENERAL.—Not later than September 1,
17174 and 17175). photovoltaic devices;
2021, the Secretary shall submit to the Com- (3) development and demonstration of envi-
(j) CONFORMING AMENDMENT.—The table of mittee on Science, Space, and Technology of the
contents in section 1 of the Energy Independ- ronmentally responsible alternatives to the use
House of Representatives, the Committee on En- of hazardous materials in photovoltaic devices
ence and Security Act of 2007 is amended by ergy and Natural Resources of the Senate, and
striking the items relating to section 606 and 607. and the production of such devices;
any other committees of Congress deemed appro- (4) development of methods to separate and re-
SEC. 2503.SOLAR ENERGY DEMONSTRATION priate by the Secretary a report on the results of move hazardous materials from photovoltaic de-
PROJECTS. a study that examines the viable market oppor- vices and to recycle or dispose of those materials
(a) IN GENERAL.—In carrying out the program tunities available for solar energy technology in a safe and low-cost manner;
established under section 2502(a), the Secretary manufacturing in the United States, including (5) product design and construction to facili-
shall award grants on a competitive, merit-re- solar cells, hardware, and enabling tech- tate disassembly and recycling of photovoltaic
viewed basis to eligible entities for demonstra- nologies. devices;
tion projects to advance the development of (2) REPORT REQUIREMENTS.—The report under (6) tools and methods to aid in assessing the
solar energy technologies and systems produc- paragraph (1) shall include— environmental impacts of the production of pho-
tion. (A) a description of— tovoltaic devices and photovoltaic device recy-
(b) PRIORITY.—In awarding grants under sub- (i) the ability to competitively manufacture cling and disposal;
section (a), the Secretary shall give priority to solar technology in the United States, including (7) product design and construction and other
projects that— the manufacture of— tools and techniques to extend the life cycle of
(1) are located in geographically diverse re- (I) new and advanced materials, such as cells photovoltaic devices, including methods to pro-
gions of the United States; made with new, cost-effective, high efficiency mote their safe reuse; and
(2) can be replicated in a variety of regions materials; (8) strategies to increase consumer acceptance
and climates; (II) solar module equipment and enabling and practice of recycling of photovoltaic de-
(3) demonstrate technologies that address technologies, including smart inverters, sensors, vices.
intermittency, variability, storage challenges, and tracking equipment; (c) APPLICATIONS.—An eligible entity seeking
behind-the-meter operations, and independent (III) innovative solar module designs and ap- a grant, contract, or cooperative agreement
operational capability; plications, including those that can directly in- under this section shall submit to the Secretary
(4) coordinate solar technologies with other an application that includes a description of—
tegrate with new and existing buildings and
distributed and large-scale energy resources; (1) the project that will be undertaken and the
other infrastructure; and
(5) facilitate identification of optimum ap- contributions of each participating entity; and
(IV) other research areas as determined by the (2) the applicability of the project to increas-
proaches among competing solar energy tech-
Secretary; and ing reuse and recycling of photovoltaic devices
nologies;
(ii) opportunities and barriers within the with the least environmental impacts as meas-
(6) include business commercialization plans
United States and international solar energy ured by life-cycle analyses, and the potential for
that have the potential for production of solar
technology supply chains; incorporating the research results into industry
energy equipment at high volumes;
(B) policy recommendations for enhancing practice.
(7) support the development of advanced man-
solar energy technology manufacturing in the (d) DISSEMINATION OF RESULTS.—The Sec-
ufacturing technologies that have the potential
United States; and retary shall publish the results of projects sup-
to improve United States competitiveness in the
(C) an aggressive 10-year target and plan, be- ported under this section through—
international solar energy manufacturing sec-
ginning in 2022, to enhance the competitiveness (1) development of best practices or training
tor;
(8) provide the greatest potential to reduce en- of solar energy technology manufacturing in the materials for use in the photovoltaics manufac-
ergy costs, as well as promote accessibility and United States. turing, design, installation, refurbishing, dis-
community implementation of demonstrated (c) PROGRAM IMPLEMENTATION.—In carrying posal, or recycling industries;
technologies, for consumers; out the research, development, demonstration, (2) dissemination at industry conferences;
(9) increase disclosure and transparency of in- and commercial application activities under this (3) coordination with information dissemina-
formation to all market participants to help in section, to the extent practicable, the Secretary tion programs relating to recycling of electronic
making optimal decisions; shall follow the recommendations included in devices in general;
the report under subsection (b) and award (4) demonstration projects; and
(10) promote overall electric infrastructure re-
grants and enter into contracts and cooperative (5) educational materials for the public pro-
liability, security, and resilience should grid
agreements for solar energy manufacturing duced in conjunction with State, Tribal, and
functions be disrupted or damaged;
projects that— local governments or nonprofit organizations on
(11) promote solar energy in low-income com-
(1) reduce capital expenditures or provide the problems and solutions related to reuse and
munities and those disproportionately burdened
lower-cost manufacturing options; recycling of photovoltaic devices.
by environmental pollution; and (e) PHOTOVOLTAIC MATERIALS PHYSICAL
(12) satisfy any other criteria that the Sec- (2) eliminate manufacturing process steps;
(3) reduce energy, water, and material inputs; PROPERTY DATABASE.—
retary determines appropriate. (1) IN GENERAL.—Not later than September 1,
(c) USE OF FUNDS.—Grants under this section (4) establish alternative supply chains for ma-
terials and components; and 2022, the Secretary shall establish a comprehen-
may be used, to the extent that funding is not sive physical property database of materials for
otherwise available through other Federal pro- (5) take advantage of rapid prototyping, small
batch manufacturing, and roll-to-roll proc- use in photovoltaic devices. Such database shall
grams or power purchase agreements, for— include—
(1) any necessary site engineering study; essing.
(A) identification of materials used in photo-
(2) an economic assessment of site-specific (d) PROGRAM EVALUATION.—Beginning not
voltaic devices;
conditions; later than 3 years after the completion of the re- (B) a list of commercially available amounts of
(3) appropriate feasibility studies to determine port under subsection (b), and every 4 years these materials and their country of origin;
whether the demonstration can be replicated; thereafter, the Secretary shall provide, and (C) amounts of these materials projected to be
(4) installation of equipment, service, and sup- make available to the public and the relevant available through mining or recycling of photo-
port; authorizing and appropriations committees of voltaic and other electronic devices; and
(5) operation for at least the minimum amount Congress, an independent review of the program (D) a list of other significant uses for each of
of time required to fully assess the project’s re- authorized under this section to evaluate its these materials.
progress toward meeting the policy recommenda-
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sults and objectives, as determined by a peer-re- (2) PRIORITIES.—Not later than September 1,
viewed process; and tions and targets determined in the report. 2021, the Secretary, working with private indus-
(6) validation of technical, economic, and en- SEC. 2505. PHOTOVOLTAIC DEVICE RECYCLING try, shall develop a plan to establish priorities
vironmental assumptions and documentation of RESEARCH AND DEVELOPMENT. and requirements for the database under this
lessons learned. (a) IN GENERAL.—In carrying out the program subsection, including the protection of propri-
(d) SOLICITATION.—Not later than 90 days established under section 2502(a), the Secretary etary information, trade secrets, and other con-
after the date of enactment of this Act and bien- shall conduct research, development, demonstra- fidential business information.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4799
(3) COORDINATION.—The Secretary shall co- shall submit to the Secretary an application at opment, demonstration, and commercial applica-
ordinate with the Director of the National Insti- such time, in such manner, and containing such tion needs, including an estimate of Federal
tute of Standards and Technology, the Adminis- information as the Secretary may require. funding requirements, to further examine and
trator of the Environmental Protection Agency, (c) WIND ENERGY RESEARCH SUBJECT AREAS.— validate the technical and economic viability of
and the Administrator of the Department of In- The program established under subsection (a) airborne wind energy concepts over the 10-year
terior to facilitate the incorporation of the data- shall focus on the research, development, dem- period beginning on the date of the enactment
base under this subsection with any existing onstration, and commercial application of each of this Act.
database for materials involved in electronic of the following subject areas: (e) COORDINATION.—To the maximum extent
manufacturing and recycling. (1) Wind power plant siting, performance, and practicable, the Secretary shall coordinate ac-
SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. operations including— tivities under the program established under
There are authorized to be appropriated to the (A) wind flows and turbine-to-turbine inter- subsection (a) with other relevant programs and
Secretary to carry out this part— actions; capabilities of the Department of Energy and
(1) $294,000,000 for fiscal year 2021; (B) energy conversion potential; other Federal research programs.
(2) $308,700,000 for fiscal year 2022; (C) turbine and wind plant control paradigms; (f) CONFORMING REPEALS.—
(3) $324,135,000 for fiscal year 2023; (D) turbine and wind plant security; (1) Section 931(a)(2) of the Energy Policy Act
(4) $340,341,750 for fiscal year 2024; and (E) turbine components; of 2005 (42 U.S.C. 16231(a)(2)) is amended by
(5) $357,358,838 for fiscal year 2025. (F) integrated hybrid plant systems; striking subparagraph (B) and redesignating
(G) wind energy siting and its effects on wild- subparagraphs (C) through (E) as subpara-
PART 2—WIND ENERGY RESEARCH AND
life and habitat; and graphs (A) through (C).
DEVELOPMENT
(H) siting of wind energy on previously dis-
SEC. 2521. DEFINITIONS. (2) Section 4(a) of the Renewable Energy and
turbed lands, including landfills, former mines,
In this section: Energy Efficiency Technology Competitiveness
and other areas requiring environmental man-
(1) The term ‘‘eligible entity’’ means any of Act of 1989 (42 U.S.C. 12003(a)) is amended by
agement.
the following entities: striking paragraph (1).
(2) New materials and designs related to
(A) An institution of higher education. blades, rotors, towers and drivetrains includ- SEC. 2523. WIND ENERGY DEMONSTRATION AND
(B) A National Laboratory. VALIDATION PROJECTS.
ing—
(C) A Federal research agency. (A) higher tip speed rotor designs; (a) IN GENERAL.—In carrying out the program
(D) A State research agency. (B) low noise rotor designs; established under section 2522(a), the Secretary
(E) A nonprofit research organization. (C) advanced drivetrain and generator con- shall award grants on a competitive, merit-re-
(F) An industrial entity or a multi-institu- viewed basis to eligible entities to support activi-
cepts;
tional consortium thereof. (D) modular construction and onsite or near- ties that demonstrate and validate new wind en-
(2) The term ‘‘institution of higher education’’ ergy technologies with the potential to be cost-
site manufacturing and assembly techniques;
has the meaning given such term in section 101 (E) sustainable and recyclable materials and competitive for land-based, offshore, and dis-
of the Higher Education Act of 1965 (20 U.S.C. manufacturing systems; tributed applications.
1001). (F) supersized turbine design and installation (b) APPLICATION.—An eligible entity seeking a
(3) The term ‘‘National Laboratory’’ has the approaches; and grant under this section shall submit an appli-
meaning given such term in section 2(3) of the (G) lightweight materials. cation in such form and manner as the Sec-
Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (3) Offshore wind-specific projects including— retary may prescribe and that contains—
(4) The term ‘‘supersized turbine’’ means a 12 (A) fixed and floating substructure concepts, (1) a certification that any demonstration or
megawatt or greater wind turbine, typically including technologies and strategies to mini- validation project carried out using grant funds
with a tower height greater than 140 meters and mize potential acoustic disturbances to marine are—
blades greater than 75 meters. species; (A) conducted in collaboration with industry
SEC. 2522. WIND ENERGY RESEARCH AND DEVEL- (B) projects to assess and mitigate the impacts and, as appropriate, with institutions of higher
OPMENT. of hurricane wind flow, freshwater ice, and education and other Federal research programs;
(a) IN GENERAL.—The Secretary of Energy (in other United States-specific conditions; and
this part, referred to as the ‘‘Secretary’’) shall (C) innovative operations and maintenance (B) of sufficient size and geographic diversity
carry out a program to conduct research, devel- strategies; to measure wind energy system performance
opment, demonstration, and commercial applica- (D) analysis of offshore meteorological, geo- under the full productive range of wind condi-
tion of wind energy technologies. In carrying logical, biological, and oceanographic data col- tions in the United States; and
out such program and in accordance with sub- lection; (2) such other information as the Secretary
section (b), the Secretary shall award grants (E) offshore infrastructure monitoring; and may require.
and enter into contracts and cooperative agree- (F) analysis of corrosion and fatigue for the (c) FACILITY FOR HYBRID ENERGY SYSTEM RE-
ments under this section and sections 2523, 2524, purpose of extending the design life of offshore SEARCH AND DEMONSTRATION PROJECTS.—In car-
and 2525 for each of the following purposes: wind turbine substructures. rying out the program established under sub-
(1) To improve the energy efficiency, reli- (4) Recycling and reuse of wind energy com- section (a), the Secretary shall support a facility
ability, resilience, security, and capacity of ponents. to conduct research, development, demonstra-
wind energy generation. (5) Wind power forecasting and atmospheric tion, and commercial application projects for
(2) To optimize the design and control of wind measurement systems, including for turbines wind turbines and plants in hybrid energy sys-
energy systems for the broadest practical range and plant systems of varying height. tems that incorporate diverse generation
of geographic and atmospheric conditions. (6) Distributed wind-specific projects, includ- sources, loads, and storage technologies.
(3) To reduce the cost and risk of siting, per- ing— (d) OFFSHORE RESEARCH FACILITY.—In car-
mitting, construction, operation, maintenance, (A) cost-effective turbine designs, components, rying out the program established under sub-
and decommissioning of wind energy systems, and manufacturing; and section (a), the Secretary shall establish a facil-
including strategies and technologies to reduce (B) microgrid applications.
ity to conduct research, development, dem-
environmental and community impacts, improve (7) Advanced transportation mechanisms for
onstration, and commercial application projects
grid integration, and reduce regulatory barriers. wind turbine components.
for ocean and atmospheric resource character-
(4) To improve materials, engineering, and (8) Transformational technologies for har-
ization relevant to offshore wind energy devel-
manufacturing processes for turbines, including nessing wind energy, including airborne wind
opment in coordination with the ocean and at-
supersized turbines. energy concepts.
mospheric science communities. The facility
(5) To optimize wind plant performance and (9) Methods to extend the operational lifetime
shall be an offshore area used to evaluate, test,
integration within hybrid energy systems to en- of onshore and offshore wind turbines and sys-
and advance atmospheric, oceanic, biologic, and
hance cost efficiency and electric grid stability tems.
(10) Storage technologies to address the tran- geologic monitoring technologies that improve
and resilience.
(b) GRANTS, CONTRACTS, AND COOPERATIVE sience and intermittency of wind energy re- offshore wind energy development, including
AGREEMENTS.— sources. the generation of benchmark data sets for test-
(1) GRANTS.—In carrying out the program, the (11) Other research areas as determined by the ing offshore wind energy technologies and in-
Secretary shall award grants on a competitive, Secretary. forming how such technologies can be financed,
merit-reviewed basis to eligible entities for (d) REPORT.— insured, and regulated.
projects that the Secretary determines would (1) IN GENERAL.—Not later than 180 days after (e) OFFSHORE SUPPORT STRUCTURE TESTING
best achieve the goals of the program. the date of the enactment of this Act, the Sec- FACILITY.—In carrying out the program estab-
(2) CONTRACTS AND COOPERATIVE AGREE- retary shall submit to the Committee on Science, lished under subsection (a), the Secretary shall
MENTS.—In carrying out the program, the Sec- Space, and Technology of the House of Rep- create a facility to conduct research, develop-
ment, demonstration, and commercial applica-
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retary may enter into contracts and cooperative resentatives and the Committee on Energy and
agreements with eligible entities and Federal Natural Resources of the Senate a report on the tion projects for large-scale and full-scale off-
agencies for projects that the Secretary deter- potential for, and technical viability of, air- shore wind energy support structure components
mines would further the purposes of the pro- borne wind energy systems to provide a signifi- and systems.
gram. cant source of energy in the United States. SEC. 2524. WIND ENERGY INCUBATOR FUNDING.
(3) APPLICATION.—An entity seeking funding (2) CONTENTS.—The report under paragraph In carrying out the program established under
or a contract or agreement under this subsection (1) shall include a summary of research, devel- section 2522(a), the Secretary shall support, in
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H4800 CONGRESSIONAL RECORD — HOUSE September 23, 2020
accordance with section 2522(b), incubators ad- ‘‘(B) Insufficient contained geofluid in the ‘‘(3) support a program of research to compare
vancing innovative technologies that are not heat reservoir. the potential environmental impacts and envi-
represented in a significant way in— ‘‘(C) A low average geothermal gradient ronmental benefits identified as part of the de-
(1) the portfolio of wind energy research ac- which necessitates deeper drilling, or the use of velopment, production, and use of geothermal
tivities carried out by the Department of Energy alternative heat sources or heat generation energy with the potential emission reductions of
as of the date of the enactment of this Act; or processes.’’; greenhouse gases gained by geothermal energy
(2) technology roadmaps used by the Depart- (2) by redesignating paragraphs (2) through development, production, and use; and
ment of Energy as of such date of enactment. (7) as paragraphs (3) through (8), respectively; ‘‘(4) in carrying out this section, the Secretary
SEC. 2525. MITIGATING REGULATORY AND MAR- (3) by adding after paragraph (1) the fol- shall, to the maximum extent practicable, con-
KET BARRIERS. lowing: sult with relevant federal agencies, including
(a) IN GENERAL.—In carrying out the program ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- the Environmental Protection Agency.
established under section 2522(a), the Secretary ty’ means any of the following entities: ‘‘(c) RESERVOIR THERMAL ENERGY STORAGE.—
shall research, develop, test, and evaluate, in ‘‘(A) An institution of higher education. The Secretary shall support a program of re-
accordance with section 2522(b), ways to reduce ‘‘(B) A National laboratory. search, development, and demonstration of res-
regulatory and market barriers to the wide- ‘‘(C) A Federal research agency. ervoir thermal energy storage, emphasizing cost-
spread adoption of wind power, including— ‘‘(D) A State research agency. effective improvements through deep direct use
(1) grid transmission and integration chal- ‘‘(E) A nonprofit research organization. engineering, design, and systems research.
lenges; and ‘‘(F) An industrial entity. ‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER INI-
(2) siting and permitting issues associated ‘‘(G) A consortium of 2 or more entities de- TIATIVE.—
with the potential impacts of wind power sys- scribed in subparagraphs (A) through (F).’’; and ‘‘(1) IN GENERAL.—The Secretary shall support
tems on wildlife, radar systems, local commu- (4) by adding at the end the following: an initiative among the Office of Fossil Energy,
nities, military operations, and airspace. ‘‘(9) INSTITUTION OF HIGHER EDUCATION.—The the Office of Energy Efficiency and Renewable
(b) WILDLIFE IMPACT MITIGATION.—In car- term ‘institution of higher education’ has the Energy, and the private sector to research, de-
rying out the activities described in subsection meaning given such term in section 101 of the velop, and demonstrate relevant advanced tech-
(a), the Secretary shall support the research, de- Higher Education Act of 1965 (20 U.S.C 1001).’’. nologies and operation techniques used in the
velopment, demonstration, and commercial ap- oil and gas sector for use in geothermal energy
SEC. 2542. HYDROTHERMAL RESEARCH AND DE-
plication of wildlife impact mitigation tech- VELOPMENT. development.
nologies or strategies to avoid, minimize, and ‘‘(2) PRIORITIES.—In carrying out paragraph
Section 613 of the Energy Independence and
offset the potential impacts of wind energy fa- (1), the Secretary shall prioritize technologies
Security Act of 2007 (42 U.S.C. 17192) is amended
cilities on— with the greatest potential to significantly in-
(1) bald and golden eagles; to read as follows:
crease the use and lower the cost of geothermal
(2) bat species; ‘‘SEC. 613. HYDROTHERMAL RESEARCH AND DE-
VELOPMENT.
energy in the United States, including the cost
(3) marine wildlife; and and speed of geothermal drilling surface tech-
(4) other sensitive species and habitats. ‘‘(a) IN GENERAL.—The Secretary shall carry
nologies, and well construction.
(c) EDUCATION AND OUTREACH.—In carrying out a program of research, development, dem- ‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY
out the activities described in subsection (a), the onstration, and commercial application for geo- AND MINERALS PRODUCTION RESEARCH AND DE-
Secretary shall support education and outreach thermal energy production from hydrothermal VELOPMENT INITIATIVE.—
activities, with a focus on low-income and dis- systems. ‘‘(1) IN GENERAL.—The Secretary shall carry
advantaged communities, to disseminate infor- ‘‘(b) PROGRAMS.—The program authorized in out a research and development initiative under
mation and promote public understanding of subsection (a) shall include the following: which the Secretary shall award grants to dem-
wind technologies and the wind energy work- ‘‘(1) ADVANCED HYDROTHERMAL RESOURCE onstrate the coproduction of critical minerals
force, including through the Collegiate Wind TOOLS.—The research and development of ad- from geothermal resources.
Competition. vanced geologic tools to assist in locating hydro- ‘‘(2) REQUIREMENTS.—An award made under
(d) TECHNICAL ASSISTANCE AND WORKFORCE thermal resources, and to increase the reliability paragraph (1) shall—
DEVELOPMENT.—In carrying out the program es- of site characterization, including the develop- ‘‘(A) improve the cost effectiveness of remov-
tablished under section 2522(a), the Secretary ment of new imaging and sensing technologies ing minerals from geothermal brines as part of
shall also conduct, for purposes of supporting and techniques to assist in prioritization of tar- the coproduction process;
technical, non-hardware, and information based gets for characterization; ‘‘(B) increase recovery rates of the targeted
advances in wind energy systems’ development ‘‘(2) EXPLORATORY DRILLING FOR GEOTHERMAL mineral commodity;
and operation, including activities expanding RESOURCES.—The demonstration of advanced ‘‘(C) decrease water use and other environ-
access to wind energy for low-income individ- technologies and techniques of siting and ex- mental impacts, as determined by the Secretary;
uals and disadvantaged individuals and commu- ploratory drilling for undiscovered resources in and
nities— a variety of geologic settings, carried out in col- ‘‘(D) demonstrate a path to commercial viabil-
(1) technical assistance and analysis activities laboration with industry partners that will as- ity.
with eligible entities; and sist in the acquisition of high quality data sets ‘‘(f) FLEXIBLE OPERATIONS.—The Secretary
(2) workforce development and training activi- relevant for hydrothermal subsurface character- shall support a research initiative on flexible op-
ties, including— ization activities.’’. eration of geothermal power plants.
(A) activities that support the dissemination ‘‘(g) HYBRID ENERGY SYSTEMS.—The Secretary
SEC. 2543. GENERAL GEOTHERMAL SYSTEMS RE-
of standards and best practices for enabling SEARCH AND DEVELOPMENT. shall identify opportunities for joint research,
wind power production; and development, and demonstration programs be-
(B) through the use of proven techniques to Section 614 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17193) is amended tween geothermal systems and other energy gen-
expand the number of individuals from under- eration or storage systems.’’.
represented groups pursuing and attaining skills to read as follows:
SEC. 2544. ENHANCED GEOTHERMAL SYSTEMS
relevant to wind energy. ‘‘SEC. 614. GENERAL GEOTHERMAL SYSTEMS RE- RESEARCH AND DEVELOPMENT.
SEARCH AND DEVELOPMENT.
SEC. 2526. AUTHORIZATION OF APPROPRIATIONS. Section 615 of the Energy Independence and
There are authorized to be appropriated to the ‘‘(a) SUBSURFACE COMPONENTS AND SYS- Security Act of 2007 (42 U.S.C. 17194) is amended
Secretary to carry out this part— TEMS.—The Secretary shall support a program
to read as follows:
(1) $109,200,000 for fiscal year 2021; of research, development, demonstration, and ‘‘SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RE-
(2) $114,660,000 for fiscal year 2022; commercial application of components and sys- SEARCH AND DEVELOPMENT.
(3) $120,393,000 for fiscal year 2023; tems capable of withstanding geothermal envi- ‘‘(a) IN GENERAL.—The Secretary shall sup-
(4) $126,412,650 for fiscal year 2024; and ronments and necessary to develop, produce, port a program of research, development, dem-
(5) $132,733,282 for fiscal year 2025. and monitor geothermal reservoirs and produce onstration, and commercial application for en-
PART 3—ADVANCED GEOTHERMAL geothermal energy. hanced geothermal systems, including the pro-
RESEARCH AND DEVELOPMENT ‘‘(b) ENVIRONMENTAL IMPACTS.—The Sec- grams described in subsection (b).
SEC. 2541. DEFINITIONS. retary shall— ‘‘(b) ENHANCED GEOTHERMAL SYSTEMS TECH-
Section 612 of the Energy Independence and ‘‘(1) support a program of research, develop- NOLOGIES.—In collaboration with industry part-
Security Act of 2007 (42 U.S.C. 17191) is amend- ment, demonstration, and commercial applica- ners, institutions of higher education, and the
ed— tion of technologies and practices designed to national laboratories, the Secretary shall sup-
(1) by amending paragraph (1) to read as fol- mitigate or preclude potential adverse environ- port a program of research, development, dem-
lows: mental impacts of geothermal energy develop- onstration, and commercial application of the
‘‘(1) ENGINEERED.—When referring to en- ment, production or use; and technologies to achieve higher efficiency and
hanced geothermal systems, the term ‘engi- ‘‘(2) support a research program to identify lower cost enhanced geothermal systems, includ-
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neered’ means designed to access subsurface potential environmental impacts, including in- ing—
heat, including stimulation and nonstimulation duced seismicity, and environmental benefits of ‘‘(1) reservoir stimulation;
technologies to address one or more of the fol- geothermal energy development, production, ‘‘(2) drilled, non-stimulated (e.g. closed-loop)
lowing issues: and use, and ensure that the program described reservoir technologies;
‘‘(A) Lack of effective permeability, porosity in paragraph (1) addresses such impacts, includ- ‘‘(3) reservoir characterization, monitoring,
or open fracture connectivity within the heat ing water use and effects on groundwater and and modeling and understanding of the surface
reservoir. local hydrology; area and volume of fractures;
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4801
‘‘(4) stress and fracture mapping including differing well orientations, and stimulation and ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying
real time monitoring and modeling; nonstimulation mechanisms; and out the program, the Secretary shall identify
‘‘(5) tracer development; ‘‘(ii) to the extent practicable, use existing and mitigate potential environmental impacts in
‘‘(6) three and four-dimensional seismic imag- sites where subsurface characterization or geo- accordance with section 614(c).
ing and tomography; thermal energy integration analysis has been ‘‘(d) GRANTS.—
‘‘(7) well placement and orientation; conducted. ‘‘(1) IN GENERAL.—The Secretary shall carry
‘‘(8) long-term reservoir management; ‘‘(C) EASTERN DEMONSTRATION.—Not fewer out the program established in subsection (c) by
‘‘(9) drilling technologies, methods, and tools; than 1 of the demonstration projects carried out making grants available to State, local, and
‘‘(10) improved exploration tools; under subparagraph (A) shall be located an Tribal governments, institutions of higher edu-
‘‘(11) zonal isolation; and area east of the Mississippi that is suitable for cation, nonprofit entities, National Labora-
‘‘(12) understanding induced seismicity risks enhanced geothermal demonstration for power, tories, utilities, and for-profit companies.
from reservoir engineering and stimulation. heat, or a combination of power and heat.’’. ‘‘(2) PRIORITY.—In making grants under this
‘‘(c) FRONTIER OBSERVATORY FOR RESEARCH
SEC. 2545. GEOTHERMAL HEAT PUMPS AND DI- subsection, the Secretary may give priority to
IN GEOTHERMAL ENERGY.—The Secretary shall RECT USE. proposals that apply to large buildings, commer-
support the establishment and construction of (a) IN GENERAL.—Title VI of the Energy Inde- cial districts, and residential communities that
up to 3 field research sites, which shall each be pendence and Security Act of 2007 is amended are located in economically distressed areas and
known as a ‘Frontier Observatory for Research by inserting after section 616 (42 U.S.C. 17195) areas that the Secretary determines to have high
in Geothermal Energy’ or ‘FORGE’ site to de- the following: economic potential for geothermal district heat-
velop, test, and enhance techniques and tools ‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DI- ing based on the report, ‘Geovision: Harnessing
for enhanced geothermal energy. RECT USE RESEARCH AND DEVELOP- the Heat Beneath our Feet’ published by the
‘‘(1) DUTIES.—The Secretary shall— MENT.
‘‘(A) award grants in support of research and Department in 2019, or a successor report.’’.
‘‘(a) PURPOSES.—The purposes of this section (b) CONFORMING AMENDMENT.—Section 1(b) of
development projects focused on advanced moni- are—
toring technologies, new technologies and ap- the Energy Independence and Security Act of
‘‘(1) to improve the understanding of related 2007 (42 U.S.C. 17001 note) is amended in the
proaches for implementing multi-zone stimula- earth sciences, components, processes, and sys-
tions, nonstimulation techniques, and dynamic table of contents by inserting after the item re-
tems used for geothermal heat pumps and the lating to section 616 the following:
reservoir modeling that incorporates all avail- direct use of geothermal energy; and
able high-fidelity characterization data; and ‘‘(2) to increase the energy efficiency, lower ‘‘616A. Geothermal heat pumps and direct use
‘‘(B) seek opportunities to coordinate efforts the cost, increase the use, and improve and dem- research and development.’’.
and share information with domestic and inter- onstrate the effectiveness of geothermal heat SEC. 2546. COST SHARING AND PROPOSAL EVAL-
national partners engaged in research and de- UATION.
pumps and the direct use of geothermal energy.
velopment of geothermal systems and related ‘‘(b) DEFINITIONS.—In this section: Section 617(b) of the Energy Independence
technology, including coordination between ‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.— and Security Act of 2007 (42 U.S.C. 17196) is
FORGE sites. The term ‘direct use of geothermal energy’ amended by striking paragraph (2) and redesig-
‘‘(2) SITE SELECTION.—Of the FORGE sites re- means geothermal systems that use water di- nating paragraphs (3) and (4) as paragraphs (2)
ferred to in paragraph (1), the Secretary shall— rectly or through a heat exchanger to provide— and (3), respectively.
‘‘(A) consider applications through a competi- ‘‘(A) heating and cooling to buildings, com- SEC. 2547. ADVANCED GEOTHERMAL COMPUTING
tive, merit-reviewed process, from National Lab- mercial districts, residential communities, and AND DATA SCIENCE RESEARCH AND
oratories, multi-institutional collaborations, in- large municipal, or industrial projects; or DEVELOPMENT.
stitutes of higher education and other appro- ‘‘(B) heat required for industrial processes, (a) IN GENERAL.—Section 618 of the Energy
priate entities best suited to provide national agriculture, aquaculture, and other facilities. Independence and Security Act of 2007 (42
leadership on geothermal related issues and per- ‘‘(2) ECONOMICALLY DISTRESSED AREA.—The U.S.C. 17197) is amended to read as follows:
form the duties enumerated under this sub- term ‘economically distressed area’ means an ‘‘SEC. 618. ADVANCED GEOTHERMAL COMPUTING
section; and area described in section 301(a) of the Public AND DATA SCIENCE RESEARCH AND
‘‘(B) prioritize existing field sites and facilities Works and Economic Development Act of 1965 DEVELOPMENT.
with capabilities relevant to the duties enumer- (42 U.S.C. 3161(a)). ‘‘(a) IN GENERAL.—The Secretary shall carry
ated under this subsection. ‘‘(3) GEOTHERMAL HEAT PUMP.—The term ‘geo- out a program of research and development of
‘‘(3) EXISTING FORGE SITES.—A FORGE site al- thermal heat pump’ means a system that pro- advanced computing and data science tools for
ready in existence on the date of enactment of vides heating and cooling by exchanging heat geothermal energy.
this Act may continue to receive support. from shallow geology, groundwater, or surface ‘‘(b) PROGRAMS.—The program authorized in
‘‘(4) FUNDING.—Out of funds authorized to be water using— subsection (a) shall include the following:
appropriated under section 623, there shall be ‘‘(A) a closed loop system, which transfers ‘‘(1) ADVANCED COMPUTING FOR GEOTHERMAL
made available to the Secretary to carry out the heat by way of buried or immersed pipes that SYSTEMS TECHNOLOGIES.—Research, develop-
FORGE activities under this paragraph— contain a mix of water and working fluid; or ment, and demonstration of technologies to de-
‘‘(A) $45,000,000 for fiscal year 2021; ‘‘(B) an open loop system, which circulates velop advanced data, machine learning, artifi-
‘‘(B) $55,000,000 for fiscal year 2022; ground or surface water directly into the build- cial intelligence, and related computing tools to
‘‘(C) $65,000,000 for fiscal year 2023; ing and returns the water to the same aquifer or assist in locating geothermal resources, to in-
‘‘(D) $70,000,000 for fiscal year 2024; and surface water source. crease the reliability of site characterization, to
‘‘(E) $70,000,000 for fiscal year 2025. ‘‘(c) PROGRAM.— increase the rate and efficiency of drilling, to
In carrying out this section, the Secretary shall ‘‘(1) IN GENERAL.—The Secretary shall support improve induced seismicity mitigation, and to
consider the balance between funds dedicated to within the Geothermal Technologies Office a support enhanced geothermal systems tech-
construction and operations and research activi- program of research, development, and dem- nologies.
ties to reflect the state of site development. onstration for geothermal heat pumps and the ‘‘(2) GEOTHERMAL SYSTEMS RESERVOIR MOD-
‘‘(d) ENHANCED GEOTHERMAL SYSTEMS DEM- direct use of geothermal energy. ELING.—Research, development, and demonstra-
ONSTRATIONS.— ‘‘(2) AREAS.—The program under paragraph tion of models of geothermal reservoir perform-
‘‘(1) IN GENERAL.—Beginning on the date of (1) may include research, development, dem- ance and enhanced geothermal systems reservoir
enactment of this section, the Secretary, in col- onstration, and commercial application of— stimulation technologies and techniques, with
laboration with industry partners, institutions ‘‘(A) geothermal ground loop efficiency im- an emphasis on accurately modeling fluid and
of higher education, and the national labora- provements, cost reductions, and improved in- heat flow, permeability evolution, geomechanics,
tories, shall support an initiative for demonstra- stallation and operations methods; geochemistry, seismicity, and operational per-
tion of enhanced geothermal systems for power ‘‘(B) the use of geothermal energy for build- formance over time, including collaboration
production or direct use. ing-scale energy storage; with industry and field validation.
‘‘(2) PROJECTS.— ‘‘(C) the use of geothermal energy as a grid
‘‘(A) IN GENERAL.—Under the initiative de- ‘‘(c) COORDINATION.—In carrying out these
management resource or seasonal energy stor-
scribed in paragraph (1), demonstration projects programs, the Secretary shall ensure coordina-
age;
shall be carried out in locations that are com- tion and consultation with the Department of
‘‘(D) geothermal heat pump efficiency im-
mercially viable for enhanced geothermal sys- Energy’s Office of Science. The Secretary shall
provements;
tems development, while also considering envi- ‘‘(E) the use of alternative fluids as a heat ex- ensure, to the maximum extent practicable, co-
ronmental impacts to the maximum extent prac- change medium, such as hot water found in ordination of these activities with the Depart-
ticable, as determined by the Secretary. mines and mine shafts, graywater, or other ment of Energy National Laboratories, institutes
‘‘(B) REQUIREMENTS.—Demonstration projects fluids that may improve the economics of geo- of higher education, and the private sector.’’.
under subparagraph (A) shall— thermal heat pumps; (b) CONFORMING AMENDMENT.—Section 1(b) of
the Energy Independence and Security Act of
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‘‘(i) collectively demonstrate— ‘‘(F) heating of districts, neighborhoods, com-
‘‘(I) different geologic settings, such as hot munities, large commercial or public buildings, 2007 (42 U.S.C. 17001 note) is amended in the
sedimentary aquifers, layered geologic systems, and industrial and manufacturing facilities; table of contents by amending the item related
supercritical systems, and basement rock sys- ‘‘(G) the use of low temperature groundwater to section 618 to read as follows:
tems; and for direct use; and ‘‘Sec. 618. Advanced geothermal computing and
‘‘(II) a variety of development techniques, in- ‘‘(H) system integration of direct use with geo- data science research and devel-
cluding open hole and cased hole completions, thermal electricity production. opment.’’.
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H4802 CONGRESSIONAL RECORD — HOUSE September 23, 2020
SEC. 2548. GEOTHERMAL WORKFORCE DEVELOP- ‘‘(3) $144,125,000 for fiscal year 2023; and commercial application of water power
MENT. ‘‘(4) $150,500,000 for fiscal year 2024; and technologies in support of each of the following
(a) IN GENERAL.—Section 619 of the Energy ‘‘(5) $151,875,000 for fiscal year 2025.’’. purposes:
Independence and Security Act of 2007 (42 SEC. 2552. INTERNATIONAL GEOTHERMAL EN- ‘‘(1) To promote research, development, dem-
U.S.C. 17198) is amended to read as follows: ERGY DEVELOPMENT. onstration, and commercial application of water
‘‘SEC. 619. GEOTHERMAL WORKFORCE DEVELOP- Section 624 of the Energy Independence and power generation technologies in order to in-
MENT. Security Act of 2007 (42 U.S.C. 17203) is amend- crease capacity and reduce the cost of those
‘‘The Secretary shall support the development ed— technologies.
of a geothermal energy workforce through a (1) by amending subsection (a) to read as fol- ‘‘(2) To promote research and development to
program that— lows: improve the environmental impact of water
‘‘(1) facilitates collaboration between univer- ‘‘(a) IN GENERAL.—The Secretary of Energy, power technologies.
sity students and researchers at the national in coordination with other appropriate Federal ‘‘(3) To provide grid reliability and resilience,
laboratories; and and multilateral agencies (including the United including through technologies that facilitate
‘‘(2) prioritizes science in areas relevant to the States Agency for International Development) new market opportunities, such as ancillary
mission of the Department through the applica- shall support collaborative efforts with inter- services, for water power.
tion of geothermal energy tools and tech- national partners to promote the research, de- ‘‘(4) To promote the development of water
nologies.’’. velopment, and demonstration of geothermal power technologies to improve economic growth
(b) CONFORMING AMENDMENT.—Section 1(b) of technologies used to develop hydrothermal and and enhance cross-institutional foundational
the Energy Independence and Security Act of enhanced geothermal system resources.’’; and workforce development in the water power sec-
2007 (42 U.S.C. 17001 note) is amended in the (2) by striking subsection (c). tor, including in coastal communities.
table of contents by amending the item related SEC. 2553. REAUTHORIZATION OF HIGH COST RE- ‘‘SEC. 634. HYDROPOWER RESEARCH, DEVELOP-
to section 619 to read as follows: GION GEOTHERMAL ENERGY GRANT MENT, AND DEMONSTRATION.
PROGRAM. ‘‘The Secretary shall conduct a program of re-
‘‘Sec. 619. Geothermal workforce develop-
Section 625 of the Energy Independence and search, development, demonstration, and com-
ment.’’.
Security Act of 2007 (42 U.S.C. 17204) is amend- mercial application for technologies that im-
SEC. 2549. ORGANIZATION AND ADMINISTRATION
ed— prove the capacity, efficiency, resilience, secu-
OF PROGRAMS.
(1) in subsection (a)(2), by inserting ‘‘ or rity, reliability, affordability, and environ-
Section 621 of the Energy Independence and heat’’ after ‘‘electrical power’’; and mental impact, including potential cumulative
Security Act of 2007 (42 U.S.C. 17200) is amended (2) by amending subsection (e) to read as fol- environmental impacts, of hydropower systems.
to read as follows: lows: In carrying out such program, the Secretary
‘‘SEC. 621. ORGANIZATION AND ADMINISTRATION ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— shall prioritize activities designed to—
OF PROGRAMS. Out of funds authorized under section 623, there ‘‘(1) develop technology for—
‘‘(a) EDUCATION AND OUTREACH.—In carrying is authorized to be appropriated to carry out ‘‘(A) non-powered dams, including aging and
out the activities described in this subtitle, the this section $5,000,000 for each of fiscal years potentially hazardous dams;
Secretary shall support education and outreach 2021 through 2025.’’. ‘‘(B) pumped storage;
activities to disseminate information on geo- ‘‘(C) constructed waterways;
PART 4—WATER POWER RESEARCH AND
thermal energy technologies and the geothermal ‘‘(D) new stream-reach development;
DEVELOPMENT
energy workforce, including activities at the ‘‘(E) modular and small dams;
Frontier Observatory for Research in Geo- SEC. 2561. WATER POWER RESEARCH AND DEVEL-
OPMENT.
‘‘(F) increased operational flexibility; and
thermal Energy site or sites. ‘‘(G) enhancement of relevant existing facili-
‘‘(b) TECHNICAL ASSISTANCE.—In carrying out (a) IN GENERAL.—Subtitle C of title VI of the
ties;
this subtitle, the Secretary shall also conduct Energy Independence and Security Act of 2007
‘‘(2) develop new strategies and technologies,
technical assistance and analysis activities with (42 U.S.C. 17211 et seq.) is amended to read as
including analytical methods, physical and nu-
eligible entities for the purpose of supporting the follows:
merical tools, and advanced computing, as well
commercial application of advances in geo- ‘‘Subtitle C—Water Power Research and as methods to validate such methods and tools,
thermal energy systems development and oper- Development in order to—
ations, which may include activities that sup- ‘‘SEC. 632. DEFINITIONS. ‘‘(A) extend the operational lifetime of hydro-
port expanding access to advanced geothermal ‘‘In this subtitle: power systems and their physical structures,
energy technologies for rural, Tribal, and low- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- while improving environmental impact, includ-
income communities. ty’ means any of the following entities: ing potential cumulative environmental impacts;
‘‘(c) REPORT.—Every 5 years after the date of ‘‘(A) An institution of higher education. ‘‘(B) assist in device and system design, in-
enactment of this section, the Secretary shall re- ‘‘(B) A National Laboratory. stallation, operation, and maintenance; and
port to the Committee on Science and Tech- ‘‘(C) A Federal research agency. ‘‘(C) reduce costs, limit outages, and increase
nology of the House of Representatives and the ‘‘(D) A State research agency. unit and plant efficiencies, including by exam-
Committee on Energy and Natural Resources of ‘‘(E) A nonprofit research organization. ining the impact of changing water and elec-
the Senate on advanced concepts and tech- ‘‘(F) An industrial entity or a multi-institu- tricity demand on hydropower generation, flexi-
nologies to maximize the geothermal resource tional consortium thereof. bility, and provision of grid services;
potential of the United States. ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(3) study, in conjunction with other relevant
‘‘(d) PROGRESS REPORTS.—Not later than 1 term ‘institution of higher education’ has the Federal agencies as appropriate, methods to im-
year after the date of enactment of this section, meaning given such term in section 101 of the prove the hydropower licensing process, includ-
and every 2 years thereafter, the Secretary shall Higher Education Act of 1965 (20 U.S.C. 1001). ing by compiling current and accepted best
submit to the Committee on Science and Tech- ‘‘(3) MARINE ENERGY.—The term ‘marine en- practices, public comments, and methodologies
nology of the House of Representatives and the ergy’ means energy from— to assess the full range of potential environ-
Committee on Energy and Natural Resources of ‘‘(A) waves, tides, and currents in oceans, es- mental and economic impacts;
the Senate a report on the results of projects un- tuaries, and tidal areas; ‘‘(4) identify opportunities for joint research,
dertaken under this part and other such infor- ‘‘(B) free flowing water in rivers, lakes, development, and demonstration programs be-
mation the Secretary considers appropriate.’’. streams, and man-made channels; tween hydropower systems, which may in-
SEC. 2550. REPEALS. ‘‘(C) differentials in salinity and pressure gra- clude—
(a) IN GENERAL.—Subtitle B of title VI of the dients; and ‘‘(A) pumped storage systems and other re-
Energy Independence and Security Act of 2007 ‘‘(D) differentials in water temperature, in- newable energy systems;
(42 U.S.C. 17191 et seq.) is amended by striking cluding ocean thermal energy conversion. ‘‘(B) small hydro facilities and other energy
section 620. ‘‘(4) NATIONAL LABORATORY.—The term ‘Na- storage systems;
(b) CONFORMING AMENDMENT.—Section 1(b) of tional Laboratory’ has the meaning given such ‘‘(C) other hybrid energy systems;
the Energy Independence and Security Act of term in section 2(3) of the Energy Policy Act of ‘‘(D) small hydro facilities and critical infra-
2007 (42 U.S.C. 17001 note) is amended in the 2005 (42 U.S.C. 15801(3)). structure, including water infrastructure; and
table of contents by striking the item related to ‘‘(5) WATER POWER.—The term ‘water power’ ‘‘(E) hydro facilities and responsive load tech-
section 620. refers to hydropower, including conduit power, nologies, which may include smart buildings
pumped storage, and marine energy tech- and city systems;
SEC. 2551. AUTHORIZATION OF APPROPRIATIONS.
nologies. ‘‘(5) improve the reliability of hydropower
Section 623 of the Energy Independence and ‘‘(6) MICROGRID.—The term ‘microgrid’ has technologies, including during extreme weather
Security Act of 2007 (42 U.S.C. 17202) is amended the meaning given such term in section 641 of events;
to read as follows:
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the Energy Independence and Security Act of ‘‘(6) develop methods and technologies to im-
‘‘SEC. 623. AUTHORIZATION OF APPROPRIATIONS. 2007 (42 U.S.C. 17231). prove environmental impact, including potential
‘‘There are authorized to be appropriated to ‘‘SEC. 633. WATER POWER TECHNOLOGY RE- cumulative environmental impacts, of hydro-
the Secretary to carry out the programs under SEARCH, DEVELOPMENT, AND DEM- power and pumped storage technologies, includ-
this subtitle— ONSTRATION. ing potential impacts on wildlife, such as—
‘‘(1) $121,375,000 for fiscal year 2021; ‘‘The Secretary shall carry out a program to ‘‘(A) fisheries;
‘‘(2) $132,750,000 for fiscal year 2022; conduct research, development, demonstration, ‘‘(B) aquatic life and resources;
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4803
‘‘(C) navigation of waterways; and ‘‘(B) accelerate the technological readiness ‘‘(1) IN GENERAL.—The Secretary, in consulta-
‘‘(D) upstream and downstream environ- and commercial application of such devices; tion with the Secretary of Transportation and
mental conditions, including sediment move- ‘‘(3) address marine energy resource varia- the Secretary of Commerce, shall conduct a
ment, water quality, and flow volumes; bility issues, including through the application study to examine opportunities for research and
‘‘(7) identify ways to increase power genera- of energy storage technologies; development in advanced marine energy tech-
tion by— ‘‘(4) advance efficient and reliable integration nologies for non-power sector applications, in-
‘‘(A) diversifying plant configuration options; of marine energy with the electric grid, which cluding applications with respect to—
‘‘(B) improving pump-back efficiencies; may include smart building systems; ‘‘(A) the maritime transportation sector;
‘‘(C) investigating multi-phase systems; ‘‘(5) identify and study critical short-term and ‘‘(B) associated maritime energy infrastruc-
‘‘(D) developing, testing, and monitoring ad- long-term needs to maintaining a sustainable ture, including infrastructure that serves ports,
vanced generators with faster cycling times, marine energy supply chain based in the United to improve system resilience and disaster recov-
variable speeds, and improved efficiencies; States; ery; and
‘‘(E) developing, testing, and monitoring ad- ‘‘(6) increase the reliability, security, and re-
‘‘(C) enabling scientific missions at sea and in
vanced turbines capable of improving environ- silience of marine energy technologies;
‘‘(7) validate the performance, reliability, extreme environments, including the Arctic.
mental impact, including potential cumulative ‘‘(2) REPORT.—Not later than 1 year after the
environmental impacts, including small turbine maintainability, and cost of marine energy de-
vice designs and system components in an oper- date of enactment of this Act, the Secretary
designs; shall submit to the Committee on Energy and
‘‘(F) developing standardized powertrain com- ating environment;
‘‘(8) consider the protection of critical infra- Natural Resources of the Senate and the Com-
ponents; mittee on Science, Space, and Technology of the
‘‘(G) developing components with advanced structure, such as adequate separation between
marine energy devices and submarine tele- House of Representatives a report that describes
materials and manufacturing processes, includ- the results of the study conducted under para-
ing additive manufacturing; and communications cables, including through the
development of voluntary, consensus-based graph (1).
‘‘(H) developing analytical tools that enable ‘‘SEC. 636. NATIONAL MARINE ENERGY CENTERS.
hydropower to provide grid services that, standards for such purposes;
‘‘(9) identify opportunities for crosscutting re- ‘‘(a) IN GENERAL.—The Secretary shall award
amongst other services, improve grid integration
search, development, and demonstration pro- grants, each such grant up to $10,000,000 per
of other energy sources;
‘‘(8) advance new pumped storage tech- grams between existing energy research pro- year, to institutions of higher education (or con-
nologies, including— grams; sortia thereof) for—
‘‘(10) identify and improve, in conjunction ‘‘(1) the continuation and expansion of the re-
‘‘(A) systems with adjustable speed and other
with the Secretary of Commerce, acting through search, development, demonstration, testing,
new pumping and generating equipment de-
the Under Secretary of Commerce for Oceans and commercial application activities at the Na-
signs;
and Atmosphere, and other relevant Federal tional Marine Energy Centers (referred to in
‘‘(B) modular systems;
agencies as appropriate, the environmental im- this section as ‘Centers’) established as of Janu-
‘‘(C) alternative closed-loop systems, including
pact, including potential cumulative environ- ary 1, 2020; and
mines and quarries; and
‘‘(D) other innovative equipment and mate- mental impacts, of marine energy technologies, ‘‘(2) the establishment of new National Ma-
rials as determined by the Secretary; including— rine Energy Centers.
‘‘(A) potential impacts on fisheries and other ‘‘(b) LOCATION SELECTION.—In selecting insti-
‘‘(9) reduce civil works costs and construction
marine resources; and tutions of higher education for new Centers, the
times for hydropower and pumped storage sys- ‘‘(B) developing technologies, including mech-
tems, including comprehensive data and systems Secretary shall consider the following criteria:
anisms for self-evaluation, and other means ‘‘(1) Whether the institution hosts an existing
analysis of hydropower and pumped storage available for improving environmental impact,
construction technologies and processes in order marine energy research and development pro-
including potential cumulative environmental gram.
to identify areas for whole-system efficiency impacts;
gains; ‘‘(2) Whether the institution has proven tech-
‘‘(11) identify, in consultation with relevant nical expertise to support marine energy re-
‘‘(10) advance efficient and reliable integra- Federal agencies, potential navigational impacts
tion of hydropower and pumped storage systems search.
of marine energy technologies and strategies to ‘‘(3) Whether the institution has access to ma-
with the electric grid by— prevent possible adverse impacts, in addition to
‘‘(A) improving methods for operational fore- rine resources.
opportunities for marine energy systems to aid ‘‘(c) PURPOSES.—The Centers shall coordinate
casting of renewable energy systems to identify the United States Coast Guard, such as remote
opportunities for hydropower applications in among themselves, the Department, and Na-
sensing for coastal border security; tional Laboratories to—
pumped storage and hybrid energy systems, in- ‘‘(12) develop numerical and physical tools,
cluding forecasting of seasonal and annual en- ‘‘(1) advance research, development, dem-
including models and monitoring technologies,
ergy storage; onstration, and commercial application of ma-
to assist industry in device and system design,
‘‘(B) considering aggregating small distributed rine energy technologies in response to industry
installation, operation, and maintenance, in-
hydropower assets; and and commercial needs;
cluding methods to validate such tools;
‘‘(C) identifying barriers to grid scale imple- ‘‘(13) support materials science as it relates to ‘‘(2) support in-water testing and demonstra-
mentation of hydropower and pumped storage marine energy technology, such as the develop- tion of marine energy technologies, including
technologies; ment of corrosive-resistant materials; facilities capable of testing—
‘‘(11) improve computational fluid dynamic ‘‘(14) improve marine energy resource fore- ‘‘(A) marine energy systems of various tech-
modeling methods; casting and general understanding of aquatic nology readiness levels and scales;
‘‘(12) improve flow measurement methods, in- system behavior, including turbulence and ex- ‘‘(B) a variety of technologies in multiple test
cluding maintenance of continuous flow meas- treme conditions; berths at a single location;
urement equipment; ‘‘(15) develop metrics and voluntary, con- ‘‘(C) arrays of technology devices; and
‘‘(13) identify best methods for compiling data sensus-based standards, in coordination with ‘‘(D) interconnectivity to an electrical grid,
on all hydropower resources and assets, includ- the National Institute of Standards and Tech- including microgrids; and
ing identifying potential for increased capacity; nology and appropriate standard development ‘‘(3) collect and disseminate information on
and organizations, for marine energy components, best practices in all areas relating to developing
‘‘(14) identify mechanisms to test and validate systems, and projects, including— and managing marine energy resources and en-
performance of hydropower and pumped storage ‘‘(A) measuring performance of marine energy ergy systems.
technologies. technologies; and ‘‘(d) COORDINATION.—To the extent prac-
‘‘SEC. 635. MARINE ENERGY RESEARCH, DEVELOP- ‘‘(B) characterizing environmental conditions; ticable, the Centers shall coordinate their activi-
MENT, AND DEMONSTRATION. ‘‘(16) enhance integration with hybrid energy ties with the Secretary of Commerce, acting
‘‘(a) IN GENERAL.—The Secretary, in consulta- systems, including desalination; through the Undersecretary of Commerce for
tion with the Department of Defense, Secretary ‘‘(17) identify opportunities to integrate ma- Oceans and Atmosphere, and other relevant
of Commerce (acting through the Under Sec- rine energy technologies into new and existing Federal agencies.
retary of Commerce for Oceans and Atmosphere) infrastructure; and ‘‘(e) TERMINATION.—To the extent otherwise
‘‘(18) to develop technology necessary to sup- authorized by law, the Secretary may terminate
and other relevant Federal agencies, shall con-
port the use of marine energy— funding for a Center described in paragraph (a)
duct a program of research, development, dem- ‘‘(A) for the generation and storage of power
onstration, and commercial application of ma- if such Center is under-performing.
at sea; and
rine energy technology, including activities to— ‘‘SEC. 637. ORGANIZATION AND ADMINISTRATION
‘‘(B) for the generation and storage of power
‘‘(1) assist technology development to improve OF PROGRAMS.
to promote the resilience of coastal communities,
the components, processes, and systems used for including in applications relating to— ‘‘(a) COORDINATION.—In carrying out this
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power generation from marine energy resources ‘‘(i) desalination; subtitle, the Secretary shall coordinate activi-
at a variety of scales; ‘‘(ii) disaster recovery and resilience; and ties, and effectively manage cross-cutting re-
‘‘(2) establish and expand critical testing in- ‘‘(iii) community microgrids in isolated power search priorities across programs of the Depart-
frastructure and facilities necessary to— systems. ment and other relevant Federal agencies, in-
‘‘(A) demonstrate and prove marine energy de- ‘‘(b) STUDY OF NON-POWER SECTOR APPLICA- cluding the National Laboratories and the Na-
vices at a range of scales in a manner that is TIONS FOR ADVANCED MARINE ENERGY TECH- tional Marine Energy Centers.
cost-effective and efficient; and NOLOGIES.— ‘‘(b) COLLABORATION.—
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H4804 CONGRESSIONAL RECORD — HOUSE September 23, 2020
‘‘(1) IN GENERAL.—In carrying out this sub- the most current strategic plan under subsection ing ‘‘marine energy (as defined in section 632 of
title, the Secretary shall collaborate with indus- (g) and the progress made in implementing such the Energy Independence and Security Act of
try, National Laboratories, other relevant Fed- plan. 2007)’’; and
eral agencies, institutions of higher education, ‘‘SEC. 638. APPLICABILITY OF OTHER LAWS. (3) in subsection (e)(1), in the first sentence,
including Minority Serving Institutions, Na- ‘‘Nothing in this subtitle shall be construed as by striking ‘‘ocean (including tidal, wave, cur-
tional Marine Energy Centers, Tribal entities, waiving, modifying, or superseding the applica- rent, and thermal)’’ and inserting ‘‘marine en-
including Alaska Native Corporations, and bility of any requirement under any environ- ergy (as defined in section 632 of the Energy
international bodies with relevant scientific and mental or other Federal or State law. Independence and Security Act of 2007)’’.
technical expertise. (c) RENEWABLE ENERGY AND ENERGY EFFI-
‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
‘‘(2) PARTICIPATION.—To the extent prac- CIENCY TECHNOLOGY COMPETITIVENESS ACT OF
‘‘There are authorized to be appropriated to 1989.—The Renewable Energy and Energy Effi-
ticable, the Secretary shall encourage research
the Secretary to carry out this subtitle— ciency Technology Competitiveness Act of 1989
projects that promote collaboration between en-
‘‘(1) $152,750,000 for fiscal year 2021, including (42 U.S.C. 12001 et seq.) is amended—
tities specified in paragraph (1) and include en-
$112,580,000 for marine energy and $40,170,000 (1) in section 4 (42 U.S.C. 12003)—
tities not historically associated with National
for hydropower research, development, and (A) in subsection (a)(5), by striking ‘‘Ocean’’
Marine Energy Centers, such as Minority Serv-
demonstration activities; and inserting ‘‘Marine’’; and
ing Institutions.
‘‘(3) INTERNATIONAL COLLABORATION.—The ‘‘(2) $157,678,300 for fiscal year 2022, including (B) in subsection (c), in the matter preceding
Secretary of Energy, in coordination with other $116,303,200 for marine energy and $41,375,100 paragraph (1), by striking ‘‘Ocean’’ and insert-
appropriate Federal and multilateral agencies for hydropower research, development, and ing ‘‘Marine’’; and
(including the United States Agency for Inter- demonstration activities; (2) in section 9(c) (42 U.S.C. 12006(c)), by
national Development) shall support collabo- ‘‘(3) $162,791,915 for fiscal year 2023, including striking ‘‘ocean,’’ and inserting ‘‘marine,’’.
rative efforts with international partners to pro- $120,175,562 for marine energy and $42,616,353 Subtitle F—Public Lands Renewable Energy
mote the research, development, and demonstra- for hydropower research, development, and Development
tion of water power technologies used to develop demonstration activities;
SEC. 2601. DEFINITIONS.
hydropower, pump storage, and marine energy ‘‘(4) $168,098,139 for fiscal year 2024, including
$124,203,295 for marine energy and $43,894,844 In this subtitle:
resources. (1) COVERED LAND.—The term ‘‘covered land’’
‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC for hydropower research, development, and
demonstration activities; and means land that is—
AVAILABILITY.—The Secretary shall— (A) public lands administered by the Sec-
‘‘(1) publish the results of projects supported ‘‘(5) $173,604,558 for fiscal year 2025, including
$128,392,869 for marine energy and $45,211,689 retary; and
under this subtitle through Department (B) not excluded from the development of geo-
websites, reports, databases, training materials, for hydropower research, development, and
thermal, solar, or wind energy under—
and industry conferences, including information demonstration activities.’’.
(i) a land use plan established under the Fed-
discovered after the completion of such projects, (b) CONFORMING TABLE OF CONTENTS AMEND-
eral Land Policy and Management Act of 1976
withholding any industrial proprietary informa- MENT.—The table of contents for the Energy
(43 U.S.C. 1701 et seq.); or
tion; and Independence and Security Act of 2007 is (ii) other Federal law.
‘‘(2) share results of such projects with the amended by striking the items relating to sub- (2) EXCLUSION AREA.—The term ‘‘exclusion
public except to the extent that the information title C of title VI and inserting the following: area’’ means covered land that is identified by
is protected from disclosure under section 552(b) ‘‘Subtitle C—Water Power Research and the Bureau of Land Management as not suit-
of title 5, United States Code. Development able for development of renewable energy
‘‘(d) AWARD FREQUENCY.—The Secretary shall ‘‘Sec. 632. Definitions. projects.
solicit applications for awards under this sub- ‘‘Sec. 633. Water power technology research, (3) FEDERAL LAND.—The term ‘‘Federal land’’
title no less frequently than once per fiscal year. development, and demonstration. means public lands.
‘‘(e) EDUCATION AND OUTREACH.—In carrying ‘‘Sec. 634. Hydropower research, development, (4) FUND.—The term ‘‘Fund’’ means the Re-
out the activities described in this subtitle, the and demonstration. newable Energy Resource Conservation Fund
Secretary shall support education and outreach ‘‘Sec. 635. Marine energy research, develop- established by section 2608(c)(1).
activities to disseminate information and pro- ment, and demonstration. (5) PRIORITY AREA.—The term ‘‘priority area’’
mote public understanding of water power tech- ‘‘Sec. 636. National Marine Energy Centers. means covered land identified by the land use
nologies and the water power workforce, includ- ‘‘Sec. 637. Organization and administration of planning process of the Bureau of Land Man-
ing activities at the National Marine Energy programs. agement as being a preferred location for a re-
Centers. ‘‘Sec. 638. Applicability of other laws. newable energy project, including a designated
‘‘(f) TECHNICAL ASSISTANCE AND WORKFORCE leasing area (as defined in section 2801.5(b) of
‘‘Sec. 639. Authorization of appropriations.’’.
DEVELOPMENT.—In carrying out this subtitle, title 43, Code of Federal Regulations (or a suc-
SEC. 2562. CONFORMING AMENDMENTS.
the Secretary may also conduct, for purposes of cessor regulation)) that is identified under the
supporting technical, non-hardware, and infor- (a) ENERGY POLICY ACT OF 2005.—The Energy
rule of the Bureau of Land Management enti-
mation-based advances in water power systems Policy Act of 2005 (42 U.S.C. 15801 et seq.) is
tled ‘‘Competitive Processes, Terms, and Condi-
development and operations— amended—
tions for Leasing Public Lands for Solar and
‘‘(1) technical assistance and analysis activi- (1) in section 201(a), by striking ‘‘ocean (in-
Wind Energy Development and Technical
ties with eligible entities, including activities cluding tidal, wave, current, and thermal)’’ and
Changes and Corrections’’ (81 Fed. Reg. 92122
that support expanding access to advanced inserting ‘‘marine’’;
(December 19, 2016)) (or a successor regulation).
water power technologies for rural, Tribal, and (2) in section 203(b)(2), by— (6) PUBLIC LANDS.—The term ‘‘public lands’’
low-income communities; and (A) inserting ‘‘marine energy (as defined in has the meaning given that term in section 103
‘‘(2) workforce development and training ac- section 632 of the Energy Independence and Se- of the Federal Land Policy and Management
tivities, including to support the dissemination curity Act of 2007) or’’ before ‘‘electric energy’’; Act of 1976 (43 U.S.C. 1702).
of standards and best practices for enabling and (7) RENEWABLE ENERGY PROJECT.—The term
water power production. (B) by striking ‘‘ocean (including tidal, wave, ‘‘renewable energy project’’ means a project car-
‘‘(g) STRATEGIC PLAN.—In carrying out the current, and thermal)’’; ried out on covered land that uses wind, solar,
activities described in this subtitle, the Secretary (3) in section 931(a)(2)(E)(i), by striking or geothermal energy to generate energy.
shall— ‘‘ocean energy, including wave energy’’ and in- (8) SECRETARY.—The term ‘‘Secretary’’ means
‘‘(1) not later than one year after the date of serting ‘‘marine energy (as defined in section 632 the Secretary of the Interior.
the enactment of the Clean Economy Jobs and of the Energy Independence and Security Act of (9) VARIANCE AREA.—The term ‘‘variance
Innovation Act, draft a plan, considering input 2007)’’; and area’’ means covered land that is—
from relevant stakeholders such as industry and (4) in section 1833(a), by striking ‘‘ocean en- (A) not an exclusion area;
academia, to implement the programs described ergy resources (including tidal, wave, and ther- (B) not a priority area; and
in this subtitle and update the plan on an an- mal energy)’’ and inserting ‘‘marine energy re- (C) identified by the Secretary as potentially
nual basis; and sources (within the meaning of section 632 of the available for renewable energy development and
‘‘(2) the plan shall address near-term (up to 2 Energy Independence and Security Act of could be approved without a plan amendment,
years), mid-term (up to 7 years), and long-term 2007)’’. consistent with the principles of multiple use (as
(up to 15 years) challenges to the advancement (b) ENERGY POLICY ACT OF 1992.—Section 1212 that term is defined in the Federal Land Policy
of water power systems. of the Energy Policy Act of 1992 (42 U.S.C. and Management Act of 1976 (43 U.S.C. 1701 et
‘‘(h) REPORT TO CONGRESS.—Not later than 1 13317) is amended— seq.)).
year after the date of the enactment of the (1) in subsection (a)(4)(A)(i), by striking SEC. 2602. LAND USE PLANNING; SUPPLEMENTS
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Clean Economy Jobs and Innovation Act, and at ‘‘ocean (including tidal, wave, current, and TO PROGRAMMATIC ENVIRON-
least once every 2 years thereafter, the Secretary thermal)’’ and inserting ‘‘marine energy (as de- MENTAL IMPACT STATEMENTS.
shall provide, and make available to the public fined in section 632 of the Energy Independence (a) PRIORITY AREAS.—
and the relevant authorizing and appropria- and Security Act of 2007)’’; (1) IN GENERAL.—The Secretary, in consulta-
tions committees of Congress, a report on the (2) in subsection (b), in the matter preceding tion with the Secretary of Energy, shall estab-
findings of research conducted and activities paragraph (1), by striking ‘‘ocean (including lish priority areas on covered land for geo-
carried out pursuant to this subtitle, including tidal, wave, current, and thermal)’’ and insert- thermal, solar, and wind energy projects.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4805
Projects located in those priority areas shall be (3) consistent with section 202 of the Federal merly known as section 106 of the National His-
given the highest priority for review, and shall Land Policy and Management Act of 1976 (43 toric Preservation Act);
be offered the opportunity to participate in any U.S.C. 1712), including subsection (c)(9) of that (H) the Bald and Golden Eagle Protection Act
regional mitigation plan developed for the rel- section (43 U.S.C. 1712(c)(9)). (16 U.S.C. 668 through 668d); and
evant priority areas. SEC. 2603. ENVIRONMENTAL REVIEW ON COV- (I) section 100101(a), chapter 1003, and sec-
(2) DEADLINE.— ERED LAND. tions 100751(a), 100752, 100753 and 102101 of title
(A) GEOTHERMAL ENERGY.—For geothermal (a) IN GENERAL.—If the Secretary determines 54 , United States Code (previously known as
energy, the Secretary shall establish priority that a proposed renewable energy project has the ‘‘National Park Service Organic Act’’).
areas as soon as practicable, but not later than been sufficiently analyzed by a programmatic (2) DUTIES.—Each employee assigned under
5 years, after the date of the enactment of this environmental impact statement conducted paragraph (1) shall—
Act. under section 2602(d), the Secretary shall not re- (A) be responsible for addressing all issues re-
(B) SOLAR ENERGY.—For solar energy, solar quire any additional review under the National lating to the jurisdiction of the home office or
Designated Leasing Areas, including the solar agency of the employee; and
Environmental Policy Act of 1969 (42 U.S.C. 4321
energy zones established by the 2012 western (B) participate as part of the team of per-
et seq.). The Secretary shall publish any such
solar plan of the Bureau of Land Management
project determinations on a publicly available sonnel working on proposed energy projects,
and any subsequent land use plan amendments,
website. planning, monitoring, inspection, enforcement,
shall be considered to be priority areas for solar (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If and environmental analyses.
energy projects. The Secretary shall establish the Secretary determines that additional envi- (d) ADDITIONAL PERSONNEL.—The Secretary
additional solar priority areas as soon as prac- ronmental review under the National Environ- may assign such additional personnel for the
ticable, but not later than 3 years, after the date mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) Bureau of Land Management Renewable En-
of the enactment of this Act. is necessary for a proposed renewable energy ergy Coordination Offices as are necessary to
(C) WIND ENERGY.—For wind energy, the Sec-
project, the Secretary shall rely on the analysis ensure the effective implementation of any pro-
retary shall establish additional wind priority
in the programmatic environmental impact grams administered by the offices in accordance
areas as soon as practicable, but not later than
statement conducted under section 2602(d), to with the multiple use mandate of the Federal
3 years, after the date of the enactment of this
the maximum extent practicable when analyzing Land Policy and Management Act of 1976 (43
Act.
(b) VARIANCE AREAS.—To the maximum extent the potential impacts of the project. U.S.C. 1701 et seq.).
practicable, variance areas shall be considered (c) RELATIONSHIP TO OTHER LAW.—Nothing in (e) CLARIFICATION OF EXISTING AUTHORITY.—
for renewable energy project development, con- this section modifies or supersedes any require- Under section 307 of the Federal Land Policy
sistent with the principles of multiple use (as de- ment under applicable law. and Management Act of 1976 (43 U.S.C. 1737),
fined in the Federal Land Policy and Manage- SEC. 2604. PROGRAM TO IMPROVE RENEWABLE the Bureau of Land Management may—
ENERGY PROJECT PERMIT COORDI- (1) accept donations for the purposes of public
ment Act of 1976 (43 U.S.C. 1701 et seq.)). NATION.
(c) REVIEW AND MODIFICATION.—Not less than lands management; and
once every 5 years, the Secretary shall— (a) ESTABLISHMENT.—The Secretary shall es- (2) accept donations from renewable energy
(1) review the adequacy of land allocations for tablish a national Renewable Energy Coordina- companies working on public lands to help cover
geothermal, solar, and wind energy priority and tion Office and State, district, or field offices the costs of environmental reviews.
variance areas for the purpose of encouraging with responsibility to establish and implement a (f) REPORT TO CONGRESS.—
new renewable energy development opportuni- program to improve Federal permit coordination (1) IN GENERAL.—Not later than February 1 of
ties; and with respect to renewable energy projects on the first fiscal year beginning after the date of
(2) based on the review carried out under covered land and other activities deemed nec- the enactment of this Act, and each February 1
paragraph (1), add, modify, or eliminate pri- essary by the Secretary. In carrying out the pro- thereafter, the Secretary shall submit to the
ority, variance, and exclusion areas. gram, the Secretary may temporarily assign Committee on Energy and Natural Resources of
(d) COMPLIANCE WITH THE NATIONAL ENVI- qualified staff to Renewable Energy Coordina- the Senate and the Committee on Natural Re-
RONMENTAL POLICY ACT.—For purposes of this tion Offices to expedite the permitting of renew- sources of the House of Representatives a report
section, compliance with the National Environ- able energy projects. describing the progress made under the program
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (b) MEMORANDUM OF UNDERSTANDING.— established under subsection (a) during the pre-
shall be accomplished— (1) IN GENERAL.—Not later than 180 days after ceding year.
(1) for geothermal energy, by supplementing the date of the enactment of this Act, the Sec- (2) INCLUSIONS.—Each report under this sub-
the October 2008 final programmatic environ- retary shall enter into a memorandum of under- section shall include—
mental impact statement for geothermal leasing standing for purposes of this section, including (A) projections for renewable energy produc-
in the Western United States and incorporating to specifically expedite the environmental anal- tion and capacity installations; and
any additional regional analyses that have been ysis of applications for projects proposed in a (B) a description of any problems relating to
completed by Federal agencies since the pro- variance area or a priority area, with the Sec- leasing, permitting, siting, or production.
grammatic environmental impact statement was retary of Defense. SEC. 2605. INCREASING ECONOMIC CERTAINTY.
finalized; (2) STATE AND TRIBAL PARTICIPATION.—The
Secretary may request the Governor of any in- (a) CONSIDERATIONS.—The Secretary is au-
(2) for solar energy, by supplementing the
terested State or any Tribal leader of any inter- thorized to and shall consider acreage rental
July 2012 final programmatic environmental im-
ested Indian Tribe (as defined in section 4 of the rates, capacity fees, and other recurring annual
pact statement for solar energy development and
Indian Self-Determination and Education As- fees in total when evaluating existing rates paid
incorporating any additional regional analyses
sistance Act (25 U.S.C. 5304)) to be a signatory for the use of Federal land by renewable energy
that have been completed by Federal agencies
to the memorandum of understanding under projects.
since the programmatic environmental impact
paragraph (1). (b) INCREASES IN BASE RENTAL RATES.—Once
statement was finalized; and
(3) for wind energy, by supplementing the (c) DESIGNATION OF QUALIFIED STAFF.— a base rental rate is established upon the
July 2005 final programmatic environmental im- (1) IN GENERAL.—Not later than 30 days after issuance of a right-of-way authorization, in-
pact statement for wind energy development and the date on which the memorandum of under- creases in the base rent shall be limited to the
incorporating any additional regional analyses standing under subsection (b) is executed, all Implicit Price Deflator–Gross Domestic Product
that have been completed by Federal agencies Federal signatories, as appropriate, shall iden- (IPD–GDP) index for the entire term of the
since the programmatic environmental impact tify for each of the Bureau of Land Manage- right-of-way authorization.
statement was finalized. ment Renewable Energy Coordination Offices (c) REDUCTIONS IN BASE RENTAL RATES.—The
(e) NO EFFECT ON PROCESSING APPLICA- one or more employees who have expertise in the Secretary is authorized to reduce acreage rental
TIONS.—Any requirements to prepare a supple- regulatory issues relating to the office in which rates and capacity fees, or both, for existing and
ment to a programmatic environmental impact the employee is employed, including, as applica- new wind and solar authorizations if the Sec-
statement under this section shall not result in ble, particular expertise in— retary determines—
any delay in processing a pending application (A) consultation regarding, and preparation (1) that the existing rates—
for a renewable energy project. of, biological opinions under section 7 of the En- (A) exceed fair market value;
(f) COORDINATION.—In developing a supple- dangered Species Act of 1973 (16 U.S.C. 1536); (B) impose economic hardships;
ment required by this section, the Secretary (B) permits under section 404 of the Federal (C) limit commercial interest in a competitive
shall coordinate, on an ongoing basis, with ap- Water Pollution Control Act (33 U.S.C. 1344); lease sale or right-of-way grant; or
propriate State, Tribal, and local governments, (C) regulatory matters under the Clean Air (D) are not competitively priced compared to
transmission infrastructure owners and opera- Act (42 U.S.C. 7401 et seq.); other available land; or
tors, developers, and other appropriate entities (D) the Federal Land Policy and Management (2) that a reduced rental rate or capacity fee
to ensure that priority areas identified by the Act of 1976 (43 U.S.C. 1701 et seq.); is necessary to promote the greatest use of wind
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Secretary are— (E) the Migratory Bird Treaty Act (16 U.S.C. and solar energy resources, especially those re-
(1) economically viable (including having ac- 703 et seq.); sources inside priority areas. Rental rates and
cess to existing and/or planned transmission (F) the preparation of analyses under the Na- capacity fees for projects that are within the
lines); tional Environmental Policy Act of 1969 (42 boundaries of a Designated Leasing Area but
(2) likely to avoid or minimize impacts to habi- U.S.C. 4321 et seq.); not formally recognized as being in such an
tat for animals and plants, recreation, cultural (G) implementation of the requirements of sec- area shall be equivalent to rents and fees for
resources, and other uses of covered land; and tion 306108 of title 54, United States Code (for- new leases inside of a Designated Leasing Area.
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H4806 CONGRESSIONAL RECORD — HOUSE September 23, 2020
SEC. 2606. RENEWABLE ENERGY GOAL. noncompetitive lease under this section to the (1) in subsection (a)—
The Secretary shall seek to issue permits that, qualified lessee at the fair market value per (A) by striking paragraph (2) and inserting
in total, authorize production of not less than 25 acre, if— the following:
gigawatts of electricity from wind, solar, and ‘‘(i) the area of qualified Federal land— ‘‘(2) Decreasing the cost of emissions control
geothermal energy projects by not later than ‘‘(I) consists of not less than 1 acre and not technologies for fossil energy production, gen-
2025, through management of public lands and more than 640 acres; and eration, and delivery.’’;
administration of Federal laws. ‘‘(II) is not already leased under this Act or (B) by striking paragraph (7) and inserting
SEC. 2607. FACILITATION OF COPRODUCTION OF nominated to be leased under subsection (a); the following:
GEOTHERMAL ENERGY ON OIL AND ‘‘(ii) the qualified lessee has not previously re- ‘‘(7) Increasing the export of emissions control
GAS LEASES. ceived a noncompetitive lease under this para- technologies from the United States for fossil en-
Section 4(b) of the Geothermal Steam Act of graph in connection with the valid discovery for ergy-related equipment, technology, and serv-
1970 (30 U.S.C. 1003(b)) is amended by adding at which data has been submitted under clause ices.’’; and
the end the following: (iii)(I); and (C) by adding at the end the following:
‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— ‘‘(iii) sufficient geological and other technical ‘‘(8) Improving the conversion, use, and stor-
Land under an oil and gas lease issued pursu- data prepared by a qualified geothermal profes- age of carbon oxides.
ant to the Mineral Leasing Act (30 U.S.C. 181 et sional has been submitted by the qualified lessee ‘‘(9) Lowering greenhouse gas emissions for all
seq.) or the Mineral Leasing Act for Acquired to the applicable Federal land management fossil fuel production, generation, delivery, and
Lands (30 U.S.C. 351 et seq.) that is subject to agency that would lead individuals who are ex- utilization, to the maximum extent possible.
an approved application for permit to drill and perienced in the subject matter to believe that— ‘‘(10) Preventing, predicting, monitoring, and
from which oil and gas production is occurring ‘‘(I) there is a valid discovery of geothermal mitigating the unintended leaking of methane,
may be available for noncompetitive leasing resources on the land for which the qualified carbon dioxide, or other fossil fuel-related emis-
under subsection (c) by the holder of the oil and lessee holds the legal right to develop geo- sions into the atmosphere.
gas lease— thermal resources; and ‘‘(11) Improving the separation and purifi-
‘‘(A) on a determination that geothermal en- ‘‘(II) that geothermal feature extends into the cation of helium from fossil fuel resources.
ergy will be produced from a well producing or adjoining areas. ‘‘(12) Reducing water use, improving water
capable of producing oil and gas; and ‘‘(C) DETERMINATION OF FAIR MARKET reuse, and minimizing the surface and sub-
‘‘(B) in order to provide for the coproduction VALUE.— surface environmental impact in the develop-
of geothermal energy with oil and gas.’’. ‘‘(i) IN GENERAL.—The Secretary shall— ment of unconventional domestic oil and nat-
SEC. 2608. NONCOMPETITIVE LEASING OF AD- ‘‘(I) publish a notice of any request to lease ural gas resources.
JOINING AREAS FOR DEVELOPMENT land under this paragraph; ‘‘(13) Developing carbon removal and utiliza-
OF GEOTHERMAL RESOURCES. ‘‘(II) determine fair market value for purposes tion technologies, products, and methods that
Section 4(b) of the Geothermal Steam Act of of this paragraph in accordance with proce- result in net reductions in greenhouse gas emis-
1970 (30 U.S.C. 1003(b)) is further amended by dures for making those determinations that are sions, including direct air capture and storage
adding at the end the following: established by regulations issued by the Sec- and carbon use and reuse for commercial appli-
‘‘(5) ADJOINING LAND.— retary; cation.’’;
‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(III) provide to a qualified lessee and pub-
(2) by striking subsections (c) through (e) and
‘‘(i) FAIR MARKET VALUE PER ACRE.—The term lish, with an opportunity for public comment for
inserting the following:
‘fair market value per acre’ means a dollar a period of 30 days, any proposed determination
‘‘(c) PRIORITIZATION.—In carrying out this
amount per acre that— under this subparagraph of the fair market section, the Secretary shall prioritize tech-
‘‘(I) except as provided in this clause, shall be value of an area that the qualified lessee seeks nologies and strategies that have the potential
equal to the market value per acre (taking into to lease under this paragraph; and to meet emissions reduction goals in the agree-
account the determination under subparagraph ‘‘(IV) provide to the qualified lessee and any
ment of the twenty-first session of the Con-
(B)(iii) regarding a valid discovery on the ad- adversely affected party the opportunity to ap-
ference of the Parties to the United Nations
joining land) as determined by the Secretary peal the final determination of fair market value
Framework Convention on Climate Change.
under regulations issued under this paragraph; in an administrative proceeding before the ap-
‘‘(d) LIMITATION.—None of the funds author-
‘‘(II) shall be determined by the Secretary plicable Federal land management agency, in
ized under this section may be used for Fossil
with respect to a lease under this paragraph, by accordance with applicable law (including regu-
Energy Environmental Restoration or Import/
not later than the end of the 180-day period be- lations).
Export Authorization.’’.
ginning on the date the Secretary receives an ‘‘(ii) LIMITATION ON NOMINATION.—After pub-
SEC. 3103. CARBON CAPTURE TECHNOLOGIES.
application for the lease; and lication of a notice of request to lease land
‘‘(III) shall be not less than the greater of— under this paragraph, the Secretary may not ac- (a) CARBON CAPTURE PROGRAM.—Section 962
‘‘(aa) 4 times the median amount paid per acre cept under subsection (a) any nomination of the of the Energy Policy Act of 2005 (42 U.S.C.
for all land leased under this Act during the land for leasing unless the request has been de- 16292) is amended to read as follows:
preceding year; or nied or withdrawn. ‘‘SEC. 962. CARBON CAPTURE TECHNOLOGIES.
‘‘(bb) $50. ‘‘(iii) ANNUAL RENTAL.—For purposes of sec- ‘‘(a) IN GENERAL.—The Secretary shall con-
‘‘(ii) INDUSTRY STANDARDS.—The term ‘indus- tion 5(a)(3), a lease awarded under this para- duct a program of research, development, dem-
try standards’ means the standards by which a graph shall be considered a lease awarded in a onstration, and commercial application of car-
qualified geothermal professional assesses competitive lease sale. bon capture technologies, which shall include
whether downhole or flowing temperature meas- ‘‘(D) REGULATIONS.—Not later than 270 days facilitation of the development and use of—
urements with indications of permeability are after the date of the enactment of this para- ‘‘(1) carbon capture technologies for coal and
sufficient to produce energy from geothermal re- graph, the Secretary shall issue regulations to natural gas;
sources, as determined through flow or injection carry out this paragraph.’’. ‘‘(2) innovations to significantly decrease
testing or measurement of lost circulation while SEC. 2609. SAVINGS CLAUSE. emissions at existing power plants;
drilling. Notwithstanding any other provision of this ‘‘(3) innovations to significantly decrease
‘‘(iii) QUALIFIED FEDERAL LAND.—The term subtitle, the Secretary shall continue to manage emissions in manufacturing and industrial ap-
‘qualified Federal land’ means land that is oth- public lands under the principles of multiple use plications; and
erwise available for leasing under this Act. and sustained yield in accordance with title I of ‘‘(4) advanced separation technologies.
‘‘(iv) QUALIFIED GEOTHERMAL PROFES- the Federal Land Policy and Management Act ‘‘(b) INVESTMENT.—As a part of the program
SIONAL.—The term ‘qualified geothermal profes- of 1976 (43 U.S.C. 1701 et seq.), including due under subsection (a), the Secretary shall main-
sional’ means an individual who is an engineer consideration of mineral and nonrenewable en- tain robust investments in carbon capture tech-
or geoscientist in good professional standing ergy-related projects and other nonrenewable nologies for coal and natural gas applications.
with at least 5 years of experience in geothermal energy uses, for the purposes of land use plan- ‘‘(c) LARGE-SCALE PILOTS.—In carrying out
exploration, development, or project assessment. ning, permit processing, and conducting envi- this section, the Secretary is encouraged to sup-
‘‘(v) QUALIFIED LESSEE.—The term ‘qualified ronmental reviews. port pilot projects that test carbon capture tech-
lessee’ means a person who may hold a geo- TITLE III—CARBON POLLUTION nologies on coal and natural gas power and in-
thermal lease under this Act (including applica- REDUCTION TECHNOLOGIES dustrial systems below the 100 megawatt scale,
ble regulations). consistent with section 988(b).
‘‘(vi) VALID DISCOVERY.—The term ‘valid dis- Subtitle A—Fossil Energy Research and ‘‘(d) COST AND PERFORMANCE GOALS.—In car-
covery’ means a discovery of a geothermal re- Development rying out the program under subsection (a), the
source by a new or existing slim hole or produc- SEC. 3101. DEFINITIONS. Secretary shall establish cost and performance
tion well, that exhibits downhole or flowing For purposes of this part: goals to assist in the transition of carbon cap-
(1) DEPARTMENT.—The term ‘‘Department’’
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temperature measurements with indications of ture research to commercially viable tech-
permeability that are sufficient to meet industry means the Department of Energy. nologies.
standards. (2) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(e) CARBON CAPTURE PILOT TEST CENTERS.—
‘‘(B) AUTHORITY.—An area of qualified Fed- the Secretary of Energy. ‘‘(1) IN GENERAL.—As a part of the program
eral land that adjoins other land for which a SEC. 3102. FOSSIL ENERGY OBJECTIVES. under subsection (a), not later than 1 year after
qualified lessee holds a legal right to develop Section 961 of the Energy Policy Act of 2005 the date of the enactment of this section, the
geothermal resources may be available for a (42 U.S.C. 16291) is amended— Secretary shall award grants to eligible entities
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4807
for the operation of not less than three Carbon ‘‘(C) upon completion, demonstrate carbon facility’ means a facility that generates electric
Capture Test Centers (in this subsection, known capture technologies on a power or industrial energy through the use of natural gas or a facil-
as the ‘Centers’) to provide unique testing capa- system capable of capturing not less than ity that generates hydrogen from natural gas.
bilities for innovative carbon capture tech- 100,000 tons of carbon dioxide annually. ‘‘(3) QUALIFYING TECHNOLOGY.—The term
nologies for power and industrial systems. ‘‘(g) DEFINITION OF POWER SYSTEM.—In this ‘qualifying technology’ means any technology
‘‘(2) PURPOSE.—Each Center shall— section, the term ‘power system’ means any elec- to capture carbon dioxide produced during the
‘‘(A) advance research, development, dem- tricity generating unit that utilizes fossil fuels generation of electricity from natural gas power
onstration, and commercial application of car- to generate electricity provided to the electric systems or during the generation of hydrogen
bon capture technologies for power and indus- grid or directly to a consumer. from natural gas.
trial systems; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) ESTABLISHMENT OF RESEARCH, DEVELOP-
‘‘(B) test technologies that represent the scale There are authorized to be appropriated to the MENT, AND DEMONSTRATION PROGRAM.—
of technology development beyond laboratory Secretary for activities under subsections (a) ‘‘(1) IN GENERAL.—The Secretary shall estab-
testing, but not yet advanced to testing under through (f)— lish a program under which the Secretary shall,
operational conditions at commercial scale. ‘‘(1) $300,000,000 for fiscal year 2021; through a competitive, merit-reviewed process,
‘‘(3) APPLICATION.—An entity seeking to oper- ‘‘(2) $315,000,000 for fiscal year 2022; award grants to eligible entities to conduct re-
ate a Center under this subsection shall submit ‘‘(3) $330,750,000 for fiscal year 2023; search, development, and demonstration of
to the Secretary an application at such time and ‘‘(4) $347,288,000 for fiscal year 2024; and qualifying technologies.
in such manner as the Secretary may require. ‘‘(5) $364,652,000 for fiscal year 2025. ‘‘(2) OBJECTIVES.—The objectives of the pro-
‘‘(4) PRIORITY CRITERIA.—In selecting applica- ‘‘(i) COMMERCIAL DEMONSTRATION.— gram established under paragraph (1) shall be—
tions to operate a Center under this subsection, ‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(A) to conduct research to accelerate the de-
the Secretary shall prioritize applicants that— lish a carbon capture technology commercializa- velopment of qualifying technologies to reduce
‘‘(A) have access to existing or planned re- tion program to improve the efficiency, effective- the quantity of carbon dioxide emissions re-
search facilities with modular technology capa- ness, cost, and environmental performance of leased from qualifying electric generation facili-
bilities; such technologies for power, industrial, trans- ties, including—
‘‘(B) are institutions of higher education with portation, and other commercial applications. ‘‘(i) pre- and post-combustion capture tech-
established expertise in engineering and design Such program shall include funding for commer- nologies; and
for carbon capture technologies, or partnerships cial carbon capture technology projects for up to ‘‘(ii) technologies to improve the thermo-
with such institutions; five demonstrations of a particular technology dynamics, kinetics, scalability, durability, and
‘‘(C) have access to existing research and test type. flexibility of carbon capture technologies for use
facilities for pre-combustion, post-combustion, ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— during the generation of electricity from natural
or oxy-combustion technologies; or There are authorized to be appropriated to carry gas power systems;
‘‘(D) have test capabilities to address scaling out this subsection $1,500,000,000 for each of fis- ‘‘(B) to expedite and carry out demonstration
challenges of integrating carbon capture tech- cal years 2021 through 2025.’’. projects (including pilot projects) for qualifying
nologies with utility scale power plants. (b) GAO STUDY.— technologies in partnership with qualifying elec-
‘‘(5) CONSIDERATIONS.—In awarding grants (1) IN GENERAL.—Not later than 1 year after tric generation facilities in order to demonstrate
for the operation of the Centers under this sub- the date of enactment of this Act, the Comp- the technical feasibility and economic potential
section, the Secretary shall ensure that— troller General of the United States shall submit
‘‘(A) the portfolio of Centers includes a di- for commercial deployment of technologies de-
to the Committee on Science, Space, and Tech- veloped pursuant to subparagraph (A); and
verse representation of regional and resource
nology of the House of Representatives and the ‘‘(C) to identify any barriers to the commercial
characteristics; and
‘‘(B) each new Center demonstrates unique re- Committee on Energy and Natural Resources of deployment of any qualifying technologies
search capabilities, unique regional benefits, or the Senate a report on the results of a study of under development pursuant to research con-
new technology development opportunities. the Department’s successes, failures, practices, ducted pursuant to subparagraph (A).
‘‘(6) SCHEDULE.—Each grant to operate a Cen- and improvements in carrying out demonstra- ‘‘(3) ELIGIBLE ENTITIES.— An entity eligible to
ter under this subsection shall be awarded for a tion projects for carbon capture technologies for receive a grant under this subsection is—
term of not more than 5 years, subject to the power and industrial systems. In conducting the ‘‘(A) a National Laboratory;
study, the Comptroller General shall consider— ‘‘(B) an institution of higher education;
availability of appropriations. The Secretary
(A) applicant and contractor qualifications; ‘‘(C) a research facility;
may renew such 5-year term without limit, sub- ‘‘(D) a multi-institutional collaboration; or
ject to a rigorous merit review. (B) project management practices at the De-
partment; ‘‘(E) another appropriate entity or combina-
‘‘(7) TERMINATION.—To the extent otherwise tion of any of the entities specified in subpara-
authorized by law, the Secretary may eliminate (C) economic or market changes and other
factors impacting project viability; graphs (A) through (D).
a Center during any 5-year term described in ‘‘(c) CARBON CAPTURE FACILITIES DEM-
(D) completion of third-party agreements, in-
paragraph (6) if such Center is underper- ONSTRATION PROGRAM.—
cluding power purchase agreements and carbon
forming. ‘‘(1) ESTABLISHMENT.—As part of the program
‘‘(f) DEMONSTRATIONS.— dioxide offtake agreements;
(E) regulatory challenges; and established under paragraph (1), the Secretary
‘‘(1) IN GENERAL.—As a part of the program
(F) construction challenges. shall establish a demonstration program under
under subsection (a), the Secretary may provide
(2) CONSIDERATION.—The Secretary shall con- which the Secretary shall, through a competi-
grants for large-scale demonstration projects for
sider any relevant recommendations, as deter- tive, merit-reviewed process, enter into coopera-
power and industrial systems that test the scale
mined by the Secretary, provided in the report tive agreements with entities that submit appli-
of technology necessary to gain the operational
required under paragraph (1), and shall adopt cations pursuant to paragraph (4) for dem-
data needed to understand the technical and
such recommendations as the Secretary con- onstration or pilot projects to construct and op-
performance risks of the technology before the
siders appropriate. erate, by not later than September 30, 2025, up
application of the technology at commercial
(3) POWER SYSTEM DEFINED.—In this section, to five facilities to capture carbon dioxide from
scale, in accordance with this subsection.
the term ‘‘power system’’ means any electricity qualifying electric generation facilities. The Sec-
‘‘(2) ENGINEERING AND DESIGN STUDIES.—The
generating unit that utilizes fossil fuels to gen- retary shall, to the maximum extent practicable,
Secretary is authorized to fund front-end engi-
erate electricity provided to the electric grid or provide technical assistance to any entity seek-
neering and design studies in addition to, or in
directly to a consumer. ing to enter into such a cooperative agreement
advance of, issuing an award for a demonstra-
SEC. 3104. NATURAL GAS CARBON CAPTURE RE- in obtaining any necessary permits and licenses
tion project under this subsection.
‘‘(3) APPLICATION.—An entity seeking an SEARCH, DEVELOPMENT, AND DEM- to demonstrate qualifying technologies.
award to conduct a demonstration project under
ONSTRATION PROGRAM. ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec-
this subsection shall submit to the Secretary an (a) IN GENERAL.—Subtitle F of title IX of the retary may enter into a cooperative agreement
application at such time and in such manner as Energy Policy Act of 2005 (42 U.S.C. 16291 et under this subsection with industry stake-
the Secretary may require. seq.) is amended by adding at the end the fol- holders, including any such industry stake-
‘‘(4) LIMITATIONS.—The Secretary shall only lowing: holder operating in partnership with National
provide an award under this subsection after re- ‘‘SEC. 969. NATURAL GAS CARBON CAPTURE RE- Laboratories, institutions of higher education,
viewing each applicant and application regard- SEARCH, DEVELOPMENT, AND DEM- multi-institutional collaborations, and other ap-
ONSTRATION PROGRAM. propriate entities.
ing—
‘‘(A) financial strength; ‘‘(a) DEFINITIONS.—In this section: ‘‘(3) GOALS.—Each demonstration or pilot
‘‘(B) construction schedule; ‘‘(1) NATURAL GAS.—The term ‘natural gas’ in- project carried out pursuant to the demonstra-
‘‘(C) market risk; and cludes any fuel consisting in whole or in part tion program under this subsection shall—
‘‘(D) contractor history. of— ‘‘(A) be designed to further the development of
‘‘(5) REQUIREMENTS.—A demonstration project ‘‘(A) natural gas; qualifying technologies that may be used by a
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funded under this subsection shall— ‘‘(B) liquid petroleum gas; qualifying electric generation facility;
‘‘(A) utilize technologies that have completed ‘‘(C) synthetic gas derived from petroleum or ‘‘(B) be financed in part by the private sector;
pilot-scale testing or the equivalent, as deter- natural gas liquids; or ‘‘(C) if necessary, secure agreements for the
mined by the Secretary; ‘‘(D) any mixture of natural gas and synthetic offtake of carbon dioxide emissions captured by
‘‘(B) secure and maintain agreements for the gas. qualifying technologies during the project; and
utilization or sequestration of captured carbon ‘‘(2) QUALIFYING ELECTRIC GENERATION FACIL- ‘‘(D) support energy production in the United
dioxide; and ITY.—The term ‘qualifying electric generation States.
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H4808 CONGRESSIONAL RECORD — HOUSE September 23, 2020
‘‘(4) REQUEST FOR APPLICATIONS.—Not later ronmental Protection Agency, shall carry out a ‘‘(B) identifies the remaining challenges in
than 120 days after the date of enactment of this program of research, development, and dem- achieving carbon sequestration that is reliable
Act, the Secretary shall solicit applications for onstration for carbon storage. The program and safe for the environment and public health;
cooperative agreements for projects— shall— and
‘‘(A) to demonstrate qualifying technologies at ‘‘(1) in coordination with relevant Federal ‘‘(C) creates a roadmap for Department of En-
up to five qualifying electric generation facili- agencies, develop and maintain mapping tools ergy carbon storage research and development
ties; and and resources that assess the capacity of geo- activities through 2030 with the goal of reducing
‘‘(B) to construct and operate three or more logic storage formations in the United States; economic and policy barriers to commercial car-
facilities to capture carbon dioxide from a quali- ‘‘(2) develop monitoring tools, modeling of geo- bon sequestration.
fying electric generation facility. logic formations, and analyses to predict and ‘‘(5) LARGE-SCALE CARBON SEQUESTRATION.—
‘‘(5) REVIEW OF APPLICATIONS.—In considering verify carbon dioxide containment and account For purposes of this subsection, ‘large-scale car-
applications submitted under paragraph (4), the for sequestered carbon dioxide in geologic stor- bon sequestration’ means a scale that dem-
Secretary, to the maximum extent practicable, age sites; onstrates the ability to inject and sequester sev-
shall— ‘‘(3) research potential environmental, safety, eral million metric tons carbon dioxide for at
‘‘(A) ensure a broad geographic distribution of and health impacts in the event of a leak to the least 10 years.
project sites; atmosphere or to an aquifer, and any cor-
‘‘(B) ensure that a broad selection of quali- ‘‘(d) INTEGRATED STORAGE PROJECTS.—The
responding mitigation actions or responses to Secretary may carry out a program for the pur-
fying electric generation facilities are rep-
limit harmful consequences; pose of transitioning the large-scale carbon se-
resented;
‘‘(C) ensure that a broad selection of quali- ‘‘(4) evaluate the interactions of carbon diox- questration demonstration projects under sub-
fying technologies are represented; ide with formation solids and fluids, including section (c) into integrated, commercial storage
‘‘(D) require information and knowledge the propensity of injections to induce seismic ac- complexes. The program shall focus on—
gained by each participant in the demonstration tivity; ‘‘(1) qualifying geologic storage sites in order
program to be transferred and shared among all ‘‘(5) assess and ensure the safety of operations to accept large volumes of carbon dioxide ac-
participants in the demonstration program; and related to geologic sequestration of carbon diox- ceptable for commercial contracts;
‘‘(E) leverage existing— ide; ‘‘(2) understanding the technical and commer-
‘‘(i) public-private partnerships; and ‘‘(6) determine the fate of carbon dioxide con- cial viability of storage sites;
‘‘(ii) Federal resources. current with and following injection into geo- ‘‘(3) developing the qualification processes
‘‘(d) COST SHARING.—In carrying out this sec- logic formations; that will be necessary for a diverse range of geo-
tion, the Secretary shall require cost sharing in ‘‘(7) support cost and business model assess- logic storage sites to commercially accept carbon
accordance with section 988. ments to examine the economic viability of tech- dioxide; and
‘‘(e) REPORT.—Not later than 180 days after nologies and systems developed under this pro- ‘‘(4) any other activities the Secretary deter-
the date on which the Secretary solicits applica- gram; and mines necessary to transition the large scale
tions under subsection (c)(3), and annually ‘‘(8) provide information to State, local, and demonstration storage projects into commercial
thereafter, the Secretary shall submit to the ap- Tribal governments, the Environmental Protec- ventures.
propriate committees of jurisdiction of the Sen- tion Agency, and other appropriate entities, to ‘‘(e) COST SHARING.—The Secretary shall re-
ate and the House of Representatives a report support development of a regulatory framework quire cost sharing under this section in accord-
that includes— for commercial-scale sequestration operations ance with section 988.
‘‘(1) a detailed description of how applications that ensure the protection of human health and ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
for cooperative agreements under subsection (b) the environment. There are authorized to be appropriated to the
will be solicited and evaluated, including— ‘‘(b) GEOLOGIC SETTINGS.—In carrying out re-
‘‘(A) a list of any activities carried out by the Secretary for activities under this section—
search activities under this section, the Sec- ‘‘(1) $620,000,000 for fiscal year 2021;
Secretary to solicit or evaluate applications; and retary shall consider a variety of candidate geo-
‘‘(B) a process for ensuring that any projects ‘‘(2) $626,000,000 for fiscal year 2022;
logic settings, both onshore and offshore, in- ‘‘(3) $632,300,000 for fiscal year 2023;
carried out under a cooperative agreement are
cluding— ‘‘(4) $638,915,000 for fiscal year 2024; and
designed to result in the development or dem-
‘‘(1) operating oil and gas fields; ‘‘(5) $645,860,750 for fiscal year 2025.’’.
onstration of qualifying technologies;
‘‘(2)(A) in the case of the first report under ‘‘(2) depleted oil and gas fields; SEC. 3106. CARBON UTILIZATION.
‘‘(3) residual oil zones;
this subsection, a detailed list of technical mile- (a) PROGRAM.—Subtitle F of title IX of the
‘‘(4) unconventional reservoirs and rock types;
stones for the development and demonstration of Energy Policy Act of 2005 (42 U.S.C. 16291 et
‘‘(5) unmineable coal seams;
each qualifying technology pursued under sub- seq.), as amended by this Act, is amended by
‘‘(6) saline formations in both sedimentary
section (b); and adding at the end the following:
‘‘(B) in the case of each subsequent report and basaltic geologies;
‘‘(7) geologic systems that may be used as en- ‘‘SEC. 970. CARBON UTILIZATION.
under this subsection, the progress made to- ‘‘(a) IN GENERAL.—The Secretary shall carry
wards achieving such technical milestones dur- gineered reservoirs to extract economical quan-
tities of brine from geothermal resources of low out a program of research, development, and
ing the period covered by the report; and demonstration for carbon utilization. The pro-
‘‘(3) with respect to the demonstration pro- permeability or porosity; and
‘‘(8) geologic systems containing in situ car- gram shall—
gram established under subsection (c), in-
bon dioxide mineralization formations. ‘‘(1) assess and monitor potential changes in
cludes—
‘‘(A) an estimate of the cost of licensing, per- ‘‘(c) REGIONAL CARBON SEQUESTRATION PART- life cycle carbon dioxide and other greenhouse
mitting, constructing, and operating each car- NERSHIPS.— gas emissions, and other environmental safety
bon capture facility expected to be constructed ‘‘(1) IN GENERAL.—The Secretary shall carry indicators of new technologies, practices, proc-
under that demonstration program; out large-scale carbon sequestration demonstra- esses, or methods, used in enhanced hydro-
‘‘(B) a schedule for the planned construction tions for geologic containment of carbon dioxide carbon recovery as part of the activities author-
and operation of each demonstration or pilot to collect and validate information on the cost ized in section 963 of the Energy Policy Act of
project; and and feasibility of commercial deployment of 2005 (42 U.S.C. 16293);
‘‘(C) an estimate of any financial assistance, technologies for the geologic containment of car- ‘‘(2) identify and evaluate novel uses for car-
compensation, or incentives proposed to be paid bon dioxide. The Secretary may fund new dem- bon, including the conversion of carbon oxides,
by the host State, Indian Tribe, or local govern- onstrations or expand the work completed at in a manner that, on a full life-cycle basis,
ment with respect to each facility. one or more of the existing regional carbon se- achieves a permanent reduction in, or avoidance
‘‘(f) There are authorized to be appropriated questration partnerships. of a net increase in carbon dioxide in the atmos-
to the Secretary to carry out this section ‘‘(2) DEMONSTRATION COMPONENTS.—Each phere, for use in commercial and industrial
$50,000,000, to remain available until expended, demonstration described in paragraph (1) shall products, such as—
for each of fiscal years 2021 through 2025.’’. include longitudinal tests involving carbon diox- ‘‘(A) chemicals;
(b) CLERICAL AMENDMENT.—The table of con- ide injection and monitoring, mitigation, and ‘‘(B) plastics;
tents for the Energy Policy Act of 2005 (Public verification operations. ‘‘(C) building materials;
Law 109–58; 119 Stat. 600) is amended by insert- ‘‘(3) CLEARINGHOUSE.—The National Energy ‘‘(D) fuels;
ing after the item relating to section 968 the fol- Technology Laboratory shall act as a clearing- ‘‘(E) cement;
lowing: house of shared information and resources for ‘‘(F) products of coal utilization in power sys-
‘‘Sec. 969. Natural gas carbon capture research, the regional carbon sequestration partnerships tems (as such term is defined in section 962(e)),
development, and demonstration and any new demonstrations funded under this or other applications; or
program.’’. section. ‘‘(G) other products with demonstrated market
SEC. 3105. CARBON STORAGE VALIDATION AND ‘‘(4) REPORT.—Not later than 1 year after the value;
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TESTING. date of enactment of this section, the Secretary ‘‘(3) carbon capture technologies for industrial
Section 963 of the Energy Policy Act of 2005 shall provide to the Committee on Science, systems;
(42 U.S.C. 16293) is amended to read as follows: Space, and Technology of the House of Rep- ‘‘(4) identify and assess alternative uses for
‘‘SEC. 963. CARBON STORAGE VALIDATION AND resentatives and the Committee on Energy and coal that result in no net emissions of carbon di-
TESTING. Natural Resources of the Senate a report that— oxide or other pollutants, including products de-
‘‘(a) CARBON STORAGE.—The Secretary, in ‘‘(A) assesses the progress of all regional car- rived from carbon engineering, carbon fiber, and
consultation with the Administrator of the Envi- bon sequestration partnerships; coal conversion methods.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4809
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) Advanced combustion systems, including ‘‘(2) in phase II, to develop the conceptual de-
There are authorized to be appropriated to the oxy-combustion systems and chemical looping. sign for advanced high efficiency gas turbines
Secretary for activities under this section— ‘‘(4) Fuel cell technologies for low-cost, high- that can achieve at least 67-percent combined
‘‘(1) $30,000,000 for fiscal year 2021; efficiency, fuel-flexible, modular power systems, cycle efficiency or 50-percent simple cycle effi-
‘‘(2) $31,500,000 for fiscal year 2022; including solid oxide fuel cell technology for ciency on a lower heating value basis.
‘‘(3) $33,075,000 for fiscal year 2023; commercial, residential, and distributed genera- ‘‘(d) PROPOSALS.—Not later than 180 days
‘‘(4) $34,729,000 for fiscal year 2024; and tion systems, using improved manufacturing after the date of enactment of this section, the
‘‘(5) $36,465,000 for fiscal year 2025.’’. production and processes. Secretary shall solicit grant and contract pro-
(b) STUDY.—The Secretary shall enter into an ‘‘(5) Gasification systems to enable carbon posals from industry, small businesses, univer-
agreement with the National Academies to con- capture, improve efficiency, and reduce capital sities, and other appropriate parties for con-
duct a study assessing the barriers, and oppor- and operating costs. ducting activities under this Act. In selecting
tunities related to the commercial application of ‘‘(6) Thermal cycling with ramping or rapid proposals, the Secretary shall emphasize—
carbon dioxide in the United States. Such study black start capabilities that do not compromise ‘‘(1) the extent to which the proposal will
shall— efficiency or environmental performance. stimulate the creation or increased retention of
(1) analyze the technical feasibility, related ‘‘(7) Small-scale and modular coal-fired tech- jobs in the United States; and
challenges, and impacts to commercializing car- nologies with reduced carbon outputs or carbon ‘‘(2) the extent to which the proposal will pro-
bon dioxide, including— capture that can support incremental power mote and enhance United States technology
(A) creating a national system of carbon diox- generation capacity additions. leadership.
ide pipelines and geologic sequestration sites; ‘‘(b) PRIORITY.—In carrying out the program ‘‘(e) COMPETITIVE AWARDS.—The provision of
(B) mitigating environmental and landowner under subsection (a), the Secretary is encour- funding under this section shall be on a com-
impacts; and aged to prioritize transformational technologies petitive basis with an emphasis on technical
(C) regional economic challenges and opportu- that enable a step change in reduction of emis- merit.
nities; sions as compared to the technology in existence ‘‘(f) COST SHARING.—Section 988 of the Energy
(2) identify potential markets, industries, or on the date of enactment of this section. Policy Act of 2005 (42 U.S.C. 16352) shall apply
sectors that may benefit from greater access to ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— to an award of financial assistance made under
commercial carbon dioxide; There are authorized to be appropriated to the this section.
(3) assess the current state of infrastructure Secretary for activities under this section and ‘‘(g) LIMITS ON PARTICIPATION.—The limits on
and any necessary updates to allow for the inte- section 970A–1— participation applicable under section 999E of
gration of safe and reliable carbon dioxide ‘‘(1) $150,000,000 for fiscal year 2021; the Energy Policy Act of 2005 (42 U.S.C. 16375)
transportation, utilization, and storage; ‘‘(2) $157,500,000 for fiscal year 2022; shall apply to financial assistance awarded
(4) estimate the economic, climate, and envi- ‘‘(3) $165,375,000 for fiscal year 2023; under this section.’’.
ronmental impacts of any well-integrated na- ‘‘(4) $173,643,750 for fiscal year 2024; and SEC. 3108. RARE EARTH ELEMENTS.
tional carbon dioxide pipeline system, including ‘‘(5) $182,325,938 for fiscal year 2025.
Subtitle F of title IX of the Energy Policy Act
suggestions for policies that could improve the ‘‘SEC. 970A–1. HIGH EFFICIENCY GAS TURBINES.
of 2005 (42 U.S.C. 16291 et seq.) is further
economic impact of the system; ‘‘(a) IN GENERAL.—The Secretary of Energy, amended by adding at the end the following:
(5) assess the global status and progress of through the Office of Fossil Energy, shall carry
‘‘SEC. 970B. RARE EARTH ELEMENTS.
carbon utilization technologies (both chemical out a multiyear, multiphase program of re-
‘‘(a) IN GENERAL.—In coordination with the
and biological) in practice today that utilize search, development, and technology demonstra-
relevant Federal agencies, the Secretary shall
waste carbon (including carbon dioxide, carbon tion to improve the efficiency of gas turbines
conduct research to develop and assess methods
monoxide, methane, and biogas) from power used in power generation systems and to iden-
to separate and recover rare earth elements and
generation, biofuels production, and other in- tify the technologies that ultimately will lead to
other strategic minerals and coproducts from
dustrial processes that may be important to gas turbine combined cycle efficiency of 67 per-
coal and coal byproduct streams. The program
minimizing net greenhouse gas emissions; cent or simple cycle efficiency of 50 percent.
‘‘(b) PROGRAM ELEMENTS.—The program shall—
(6) identify emerging technologies and ap-
under this section shall— ‘‘(1) develop advanced rare earth element sep-
proaches for carbon utilization that show prom-
‘‘(1) support first-of-a-kind engineering and aration and extraction processes using coal-
ise for scale-up, demonstration, deployment, and
detailed gas turbine design for megawatt-scale based resources as feedstock materials;
commercialization relevant to minimizing net
and utility-scale electric power generation, in- ‘‘(2) assess the technical and economic feasi-
greenhouse gas emissions;
cluding— bility of recovering rare earth elements from
(7) analyze the factors associated with making
‘‘(A) high temperature materials, including coal-based resources and validate such feasi-
carbon utilization technologies that may be im-
superalloys, coatings, and ceramics; bility with prototype systems producing salable,
portant to minimizing net greenhouse gas emis-
‘‘(B) improved heat transfer capability; high-purity rare earth elements from coal-based
sions viable at a commercial scale, including
‘‘(C) manufacturing technology required to resources; and
carbon waste stream availability, economics,
construct complex three-dimensional geometry ‘‘(3) assess and mitigate any environmental
market capacity, energy and lifecycle require-
parts with improved aerodynamic capability; and public health impacts of recovering rare
ments;
‘‘(D) combustion technology to produce higher earth elements from coal-based resources.
(8) assess the major technical challenges asso-
firing temperature while lowering nitrogen oxide ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
ciated with increasing the commercial viability
and carbon monoxide emissions per unit of out- There are authorized to be appropriated to the
of carbon reuse technologies, and identify the
put; Secretary for activities under this section—
research and development questions that will
‘‘(E) advanced controls and systems integra- ‘‘(1) $23,000,000 for fiscal year 2021;
address those challenges;
tion; ‘‘(2) $24,150,000 for fiscal year 2022;
(9) assess current research efforts, including
‘‘(F) advanced high performance compressor ‘‘(3) $25,357,500 for fiscal year 2023;
engineering and computational, that are ad-
technology; and ‘‘(4) $26,625,375 for fiscal year 2024; and
dressing these challenges and identify gaps in ‘‘(5) $27,956,644 for fiscal year 2025.’’.
the current research portfolio; and ‘‘(G) validation facilities for the testing of
components and subsystems; SEC. 3109.
METHANE HYDRATE RESEARCH
(10) develop a comprehensive research agenda AMENDMENTS.
that addresses both long- and short-term re- ‘‘(2) include technology demonstration
through component testing, subscale testing, (a) REPEAL.—Section 2 of the Methane Hy-
search needs and opportunities for technologies
and full-scale testing in existing fleets; drate Research and Development Act of 2000 (30
that may be important to minimizing net green-
‘‘(3) include field demonstrations of the devel- U.S.C. 2001) is repealed.
house gas emissions.
oped technology elements so as to demonstrate (b) DEVELOPMENT.—Section 4 of the Methane
SEC. 3107. ADVANCED ENERGY SYSTEMS.
technical and economic feasibility; and Hydrate Research and Development Act of 2000
Subtitle F of title IX of the Energy Policy Act ‘‘(4) assess overall combined cycle and simple (30 U.S.C. 2003) is amended by striking ‘‘and de-
of 2005 (42 U.S.C. 16291 et seq.), as amended by cycle system performance. velopment’’ in each place it occurs.
this Act, is further amended by adding at the ‘‘(c) PROGRAM GOALS.—The goals of the mul- (c) IN GENERAL.—Section 4(b) of the Methane
end the following: tiphase program established under subsection Hydrate Research and Development Act of 2000
‘‘SEC. 970A. ADVANCED ENERGY SYSTEMS. (a) shall be— (30 U.S.C. 2003(b)) is amended to read as fol-
‘‘(a) IN GENERAL.—The Secretary shall con- ‘‘(1) in phase I— lows:
duct a program, with the purpose of reducing ‘‘(A) to develop the conceptual design of ad- ‘‘(b) GRANTS, CONTRACTS, COOPERATIVE
emissions from fossil fuel power generation by vanced high efficiency gas turbines that can AGREEMENTS, INTERAGENCY FUNDS TRANSFER
not less than 50 percent, of research, develop- achieve at least 65-percent combined cycle effi- AGREEMENTS, AND FIELD WORK PROPOSALS.—
ment, demonstration, and commercial applica- ciency or 47-percent simple cycle efficiency on a ‘‘(1) ASSISTANCE AND COORDINATION.—In car-
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tion with respect to the following: lower heating value basis; and rying out the program of methane hydrate re-
‘‘(1) High-efficiency turbines in accordance ‘‘(B) to develop and demonstrate the tech- search authorized by this section, the Secretary
with the program under section 970A–1. nology required for advanced high efficiency may award grants, or enter into contracts or co-
‘‘(2) Supercritical and ultrasupercritical car- gas turbines that can achieve at least 65-percent operative agreements to—
bon dioxide, with an emphasis on developing di- combined cycle efficiency or 47-percent simple ‘‘(A) conduct research to assess and mitigate
rectly-fired and indirectly fired cycles in the cycle efficiency on a lower heating value basis; the environmental impact of natural methane
next 10 years. and hydrate degassing;
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H4810 CONGRESSIONAL RECORD — HOUSE September 23, 2020
‘‘(B) conduct research to identify the environ- ‘‘(5) forest management and afforestation; and ‘‘(II) captures more than 10,000 metric tons of
mental and health impacts of methane hydrate ‘‘(6) planned or managed carbon sinks, in- qualified carbon dioxide annually.
development; cluding natural and artificial. ‘‘(ii) EXCLUSION.—The term ‘qualified direct
‘‘(C) assess and develop technologies to miti- ‘‘(b) PRIORITIZATION.—In carrying out the air capture facility’ does not include any facil-
gate environmental impacts of natural methane program established in subsection (a), the Sec- ity that captures carbon dioxide—
hydrate degassing and to mitigate environ- retary shall prioritize— ‘‘(I) that is deliberately released from natu-
mental impacts of the exploration and commer- ‘‘(1) the activities described in paragraphs (1) rally occurring subsurface springs; or
cial development of methane hydrates, including and (2) of subsection (a), acting through the As- ‘‘(II) using natural photosynthesis.
through the avoidance of the use of seismic test- sistant Secretary for Fossil Energy; and ‘‘(2) ESTABLISHMENT.—Not later than 1 year
ing; or ‘‘(2) the activities described in subsection after the date of enactment of this section, the
‘‘(D) expand education and training programs (a)(3), acting through the Assistant Secretary Secretary, in consultation with the Adminis-
in methane hydrate research through fellow- for Energy Efficiency and Renewable Energy trator of the Environmental Protection Agency,
ships or other means for graduate education and the Assistant Secretary for Fossil Energy. shall establish a commercial direct air capture
and training. ‘‘(c) CONSIDERATIONS.—The program under prize designed to significantly reward commer-
‘‘(2) ENVIRONMENTAL MONITORING AND RE- this section shall identify and develop carbon cial applications of direct air capture tech-
SEARCH.— removal technologies and strategies that con- nologies.
‘‘(A) IN GENERAL.—The Secretary, Secretary of sider the following: ‘‘(3) COMMERCIAL DIRECT AIR CAPTURE PRIZE
Commerce, and Secretary of the Interior shall ‘‘(1) Land use changes, including impacts on PROGRAM.—
conduct a long-term environmental monitoring natural and managed ecosystems. ‘‘(A) AWARDS.—Under the prize program, the
‘‘(2) Ocean acidification. Secretary shall provide financial awards in a
and research program to study methane hy- ‘‘(3) Net greenhouse gas emissions.
drates. competitive setting equally for each ton of quali-
‘‘(4) Commercial viability. fied carbon dioxide captured by a qualified di-
‘‘(B) NOTICE AND COMMENT.—In developing a ‘‘(5) Potential for near-term impact.
plan for long-term environmental monitoring rect air capture facility until appropriated
‘‘(6) Potential for carbon reductions on a
and research under subparagraph (A), the Sec- funds are expended. The prize per metric ton
gigaton scale.
retaries shall publish in the Federal Register a shall not exceed—
‘‘(7) Economic co-benefits.
notice providing for an opportunity for the pub- ‘‘(i) $180 for qualified carbon dioxide captured
‘‘(d) ACCOUNTING.—The Department shall col-
lic to comment on such plan prior to conducting and stored in saline storage formations;
laborate with the Environmental Protection
‘‘(ii) a lesser amount as determined by the Sec-
monitoring and research under such subpara- Agency and other relevant agencies to develop
retary for qualified carbon dioxide captured and
graph. and improve accounting frameworks and tools
stored in conjunction with enhanced oil recov-
‘‘(3) COMPETITIVE PEER REVIEW.—Funds made to accurately measure carbon removal and se-
ery operations; or
available to carry out paragraphs (1) and (2) questration methods and technologies across the ‘‘(iii) a lesser amount as determined by the
shall be made available based on a competitive Federal Government. Secretary for qualified carbon dioxide captured
process using external scientific peer review of ‘‘(e) AIR CAPTURE TECHNOLOGY PRIZE.—Not
and utilized in any activity consistent with sec-
proposed research.’’. later than 1 year after the date of enactment of
tion 45Q(f)(5) of the Internal Revenue Code of
(d) RESPONSIBILITIES OF THE SECRETARY.— this Act, as part of the program carried out
1986.
Section 4(e) of the Methane Hydrate Research under this section, the Secretary shall carry out ‘‘(B) ADMINISTRATION.—
and Development Act of 2000 (30 U.S.C. 2003(e)) a program to award competitive technology ‘‘(i) REQUIREMENTS.—Not later than 1 year
is amended to read as follows: prizes for carbon dioxide capture from ambient after the date of enactment of this section, the
‘‘(e) RESPONSIBILITIES OF THE SECRETARY.—In air or water. In carrying out this subsection, the Administrator, in consultation with the Sec-
carrying out subsection (b)(1), the Secretary Secretary shall— retary, shall submit requirements for qualifying
shall— ‘‘(1) in accordance with section 24 of the Ste- metric tons of carbon dioxide. In carrying out
‘‘(1) facilitate and develop partnerships venson-Wydler Technology Innovation Act of this clause, the Administrator shall develop spe-
among government, industrial enterprises, and 1980 (15 U.S.C. 3719), develop requirements for— cific requirements for—
institutions of higher education to research ‘‘(A) the prize competition process; ‘‘(I) the process of applying for prizes; and
methane hydrates; ‘‘(B) minimum performance standards for ‘‘(II) the demonstration of performance of ap-
‘‘(2) ensure that the data and information de- projects eligible to participate in the prize com- proved projects.
veloped through the program are accessible and petition; and ‘‘(ii) DETERMINATION.—For purposes of deter-
widely disseminated as needed and appropriate; ‘‘(C) monitoring and verification procedures mining the amount of metric tons of qualified
‘‘(3) promote cooperation among agencies that for projects selected to receive a prize award; carbon dioxide eligible for prizes under clause
are developing technologies that may hold prom- ‘‘(2) establish minimum levels for the capture
(i), the amount shall be equal to the net metric
ise for methane hydrate research; of carbon dioxide from ambient air or water that
tons of carbon dioxide removal demonstrated by
‘‘(4) report annually to Congress on the re- are required to qualify for a prize award; and
the recipient, subject to the requirements set
sults of actions taken to carry out this chapter; ‘‘(3) offer prize awards for any of the fol-
forth by the Administrator under such clause.
and lowing:
‘‘(C) SCHEDULE OF PAYMENT.—The Secretary
‘‘(5) ensure, to the maximum extent prac- ‘‘(A) A design for a promising capture tech-
shall award prizes on an annual basis to quali-
ticable, greater participation by the Department nology that will—
‘‘(i) be operated on a demonstration scale; and fied direct air capture facilities for metric tons
of Energy in international cooperative efforts.’’. of qualified carbon dioxide captured and
‘‘(ii) have the potential to achieve significant
(e) CONFORMING AMENDMENT.—Section 4(e) of verified at the point of disposal, injection, or
reduction in the level of carbon dioxide in the
such Act (30 U.S.C. 2003(e)) is amended in the utilization.
atmosphere.
matter preceding paragraph (1) by striking ‘‘(B) A successful bench-scale demonstration ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
‘‘subsection (b)(1)’’ and inserting ‘‘paragraphs of a capture technology. There are authorized to be appropriated to carry
(1) and (2) of subsection (b)’’. ‘‘(f) COMMERCIAL DIRECT AIR CAPTURE out this subsection $200,000,000 for the period of
(f) AUTHORIZATION OF APPROPRIATIONS.—Sec- PRIZE.— fiscal years 2021 through 2025, and $400,000,000
tion 7 of such Act (30 U.S.C. 2006) is amended to ‘‘(1) DEFINITIONS.—In this subsection: for the period of fiscal years 2026 through 2030,
read as follows: ‘‘(A) QUALIFIED CARBON DIOXIDE.— to remain available until expended.
‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ‘‘(i) IN GENERAL.—The term ‘qualified carbon ‘‘(g) DIRECT AIR CAPTURE TEST CENTER.—
‘‘There are authorized to be appropriated to dioxide’ means any carbon dioxide that— ‘‘(1) IN GENERAL.—Not later than 1 year after
the Secretary to carry out this Act $15,000,000, ‘‘(I) is captured directly from the ambient air; the date of enactment of this section, the Sec-
to remain available until expended, for each of and retary shall award grants to one or more eligible
fiscal years 2021 through 2025.’’. ‘‘(II) is measured at the source of capture and entities for the operation of one or more test
SEC. 3110. CARBON REMOVAL. verified at the point of disposal, injection, or centers (in this subsection, known as ‘Centers’)
utilization. to provide unique testing capabilities for inno-
Subtitle F of title IX of the Energy Policy Act
‘‘(ii) INCLUSION.—The term ‘qualified carbon vative direct air capture and storage tech-
of 2005 (42 U.S.C. 16291 et seq.) is further
dioxide’ includes the initial deposit of captured nologies.
amended by adding at the end the following:
carbon dioxide used as a tertiary injectant. ‘‘(2) PURPOSE.—Each Center shall—
‘‘SEC. 970C. CARBON REMOVAL. ‘‘(iii) EXCLUSION.—The term ‘qualified carbon ‘‘(A) advance research, development, dem-
‘‘(a) ESTABLISHMENT.—The Secretary, in co- dioxide’ does not include carbon dioxide that is onstration, and commercial application of direct
ordination with the appropriate Federal agen- recaptured, recycled, and reinjected as part of air capture and storage technologies;
cies, shall establish a research, development, the enhanced oil and natural gas recovery proc- ‘‘(B) support pilot plant and full-scale dem-
and demonstration program to remove carbon ess. onstration projects and test technologies that
dioxide from the atmosphere on a large scale. ‘‘(B) QUALIFIED DIRECT AIR CAPTURE FACIL- represent the scale of technology development
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The program may include activities in— ITY.— beyond laboratory testing but not yet advanced
‘‘(1) direct air capture and storage tech- ‘‘(i) IN GENERAL.—Subject to clause (ii), the to test under operational conditions at commer-
nologies; term ‘qualified direct air capture facility’ means cial scale;
‘‘(2) enhanced carbon mineralization; any facility that— ‘‘(C) develop front-end engineering design and
‘‘(3) bioenergy with carbon capture and se- ‘‘(I) uses carbon capture equipment to capture economic analysis; and
questration; carbon dioxide directly from the ambient air; ‘‘(D) maintain a public record of pilot and
‘‘(4) agricultural and grazing practices; and full-scale plant performance.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4811
‘‘(3) PRIORITY CRITERIA.—In selecting applica- ‘‘(3) in coordination with representatives from for any 12-month period shall not exceed the
tions to operate a Center under this subsection, private industry, State and local governments, least of—
the Secretary shall prioritize applicants that— and institutions of higher education, create a (i) $25,000;
‘‘(A) have access to existing or planned re- publicly accessible resource for best practices in (ii) the amount equal to 25 percent of the an-
search facilities; the design, construction, maintenance, perform- nual rate of basic pay of that employee; and
‘‘(B) are institutions of higher education with ance, monitoring, and incident response for— (iii) the amount of the limitation that is appli-
established expertise in engineering for direct ‘‘(A) pipeline systems; cable for a calendar year under section
air capture technologies, or partnerships with ‘‘(B) wells; 5307(a)(1) of title 5, United States Code.
such institutions; or ‘‘(C) compressor stations; (2) LIMITATIONS.—
‘‘(C) have access to existing research and test ‘‘(D) storage facilities; and (A) IN GENERAL.—The term of any employee
facilities for bulk materials design and testing, ‘‘(E) other vulnerable infrastructure; appointed under this section shall not exceed 3
component design and testing, or professional ‘‘(4) identify high-risk characteristics of pipe- years.
engineering design. lines, wells, and materials, geologic risk factors, (B) FULL-TIME EMPLOYEES.—Not more than 10
‘‘(4) SCHEDULE.—Each grant to operate a Cen- or other key factors that increase the likelihood full-time employees appointed under this sub-
ter under this subsection shall be awarded for a of methane leaks; and section may be employed at the National Energy
term of not more than 5 years, subject to the ‘‘(5) in collaboration with private entities and Technology Laboratory at any given time.
availability of appropriations. The Secretary institutions of higher education, quantify and (b) DISCRETIONARY RESEARCH AND DEVELOP-
may renew such 5-year term without limit, sub- map significant geologic methane seeps across MENT.—
ject to a rigorous merit review. the United States. (1) IN GENERAL.—The Secretary shall establish
‘‘(5) TERMINATION.—To the extent otherwise ‘‘(b) CONSIDERATIONS.—In carrying out the mechanisms under which the Director of the Na-
authorized by law, the Secretary may eliminate program under this section, the Secretary shall tional Energy Technology Laboratory may use
the center during any 5-year term described in consider the following: an amount that is, in total, not less than 2 per-
the last paragraph if it is underperforming. ‘‘(1) Historical data of methane leaks. cent and not more than 4 percent of all funds
‘‘(h) LARGE-SCALE PILOTS AND DEMONSTRA- ‘‘(2) Public health consequences. available to the Laboratory for the following
TIONS.—In supporting the technology develop- ‘‘(3) Public safety. purposes:
ment activities under this section, the Secretary ‘‘(4) Novel materials and designs for pipelines, (A) To fund innovative research that is con-
is encouraged to support carbon removal pilot compressor stations, components, and wells (in- ducted at the Laboratory and supports the mis-
and demonstration projects, including— cluding casing, cement, wellhead). sion of the Department.
‘‘(1) pilot projects that test direct air capture ‘‘(5) Regional geologic traits. (B) To fund technology development programs
systems capable of capturing 10 to 100 tonnes of ‘‘(6) Induced and natural seismicity. that support the transition of technologies de-
carbon oxides per year to provide data for dem- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— veloped by the Laboratory into the commercial
onstration-scale projects; and There are authorized to be appropriated to the market.
‘‘(2) direct air capture demonstration projects Secretary for activities under this section— (C) To fund workforce development activities
capable of capturing greater than 1,000 tonnes ‘‘(1) $22,000,000 for fiscal year 2021; to strengthen external engineering and manu-
of carbon oxides per year. ‘‘(2) $23,100,000 for fiscal year 2022; facturing partnerships to ensure safe, efficient,
‘‘(i) INTRA-AGENCY RESEARCH.—In carrying ‘‘(3) $24,255,000 for fiscal year 2023; productive, and useful fossil energy technology
out the program established in (a), the Secretary ‘‘(4) $25,467,750 for fiscal year 2024; and production.
shall encourage and promote collaborations ‘‘(5) $26,741,138 for fiscal year 2025.’’. (D) To fund the revitalization, recapitaliza-
among relevant offices and agencies within the SEC. 3112. WASTE GAS UTILIZATION. tion, or minor construction of the Laboratory
Department. Subtitle F of title IX of the Energy Policy Act infrastructure.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
of 2005 (42 U.S.C. 16291 et seq.) is further (2) PRIORITIZATION.—The Director shall
There are authorized to be appropriated to the
amended by adding at the end the following: prioritize innovative experiments and proposals
Secretary for activities under this section—
‘‘SEC. 970E. WASTE GAS UTILIZATION. proposed by scientists and researchers at the
‘‘(1) $275,000,000 for fiscal year 2021, of which
‘‘The Secretary shall carry out a program of National Energy Technology Laboratory.
$15,000,000 are authorized to carry out sub-
research, development, and demonstration for (3) ANNUAL REPORT ON USE OF AUTHORITY.—
section (e) and of which $200,000,000 are author-
waste gas utilization. The program shall— Not later than March 1 of each year, the Sec-
ized to carry out subsection (f);
‘‘(2) $263,000,000 for fiscal year 2022, of which ‘‘(1) identify and evaluate novel uses for light retary shall submit to the Committee on Science,
$200,000,000 are authorized to carry out sub- hydrocarbons, such as methane, ethane, pro- Space, and Technology of the House of Rep-
section (f); pane, butane, pentane, and hexane, produced resentatives and the Committee on Energy and
‘‘(3) $266,150,000 for fiscal year 2023, of which during oil and shale gas production, including Natural Resources of the Senate a report on the
$200,000,000 are authorized to carry out sub- the production of chemicals or transportation use of the authority under this subsection dur-
section (f); fuels; ing the preceding fiscal year.
‘‘(4) $269,458,000 for fiscal year 2024, of which ‘‘(2) develop advanced gas conversion tech- (c) LABORATORY OPERATIONS.—The Secretary
$200,000,000 are authorized to carry out sub- nologies that are modular and compact, and shall delegate human resources operations of
section (f); and may leverage advanced manufacturing tech- the National Energy Technology Laboratory to
‘‘(5) $272,930,000 for fiscal year 2025, of which nologies; the Director of the National Energy Technology
$200,000,000 are authorized to carry out sub- ‘‘(3) support demonstration activities at oper- Laboratory.
section (f).’’. ating oil and gas facilities to test the perform- (d) REVIEW.—Not later than 2 years after the
SEC. 3111. METHANE LEAK DETECTION AND MITI- ance and cost-effectiveness of new gas conver- date of enactment of this Act, the Secretary
GATION. sion technologies; and shall submit to the Committee on Science, Space,
Subtitle F of title IX of the Energy Policy Act ‘‘(4) assess and monitor potential changes in and Technology of the House of Representatives
of 2005 (42 U.S.C. 16291 et seq.) is further life cycle greenhouse gas emissions that may re- and the Committee on Energy and Natural Re-
amended by adding at the end the following: sult from the use of technologies developed sources of the Senate a report assessing the Na-
‘‘SEC. 970D. METHANE LEAK DETECTION AND under this program.’’. tional Energy Technology Laboratory’s manage-
MITIGATION. SEC. 3113. NATIONAL ENERGY TECHNOLOGY LAB- ment and research. The report shall include—
‘‘(a) IN GENERAL.—The Secretary, in consulta- ORATORY REFORMS. (1) an assessment of the quality of science and
tion with the Administrator of the Environ- (a) SPECIAL HIRING AUTHORITY FOR SCI- research at the National Energy Technology
mental Protection Agency and other appropriate ENTIFIC, ENGINEERING, AND PROJECT MANAGE- Laboratory relative to similar work at other na-
Federal agencies, shall carry out a program of MENT PERSONNEL.— tional laboratories;
methane leak detection and mitigation research, (1) IN GENERAL.—The Director of the National (2) a review of the effectiveness of authorities
development, demonstration, and commercial Energy Technology Laboratory shall have the provided in subsections (a) and (b); and
application for technologies and methods that authority to— (3) recommendations for policy changes within
significantly reduce emissions. In carrying out (A) make appointments to positions in the the Department and legislative changes to pro-
the program, the Secretary shall— Laboratory to assist in meeting a specific project vide the National Energy Technology Labora-
‘‘(1) develop cooperative agreements with or research need, without regard to civil service tory the necessary tools and resources to ad-
State or local governments or private entities to laws, of individuals who— vance its research mission.
provide technical assistance to— (i) have an advanced scientific or engineering SEC. 3114. CLIMATE SOLUTIONS CHALLENGES.
‘‘(A) prevent or respond to methane leaks, in- background; or (a) AUTHORITY.—Not later than 180 days after
cluding detection, mitigation, and identification (ii) have a business background and can assist the date of enactment of this Act, the Secretary
of leaks throughout the natural gas infrastruc- in specific technology-to-market needs; of Energy shall establish a program to be known
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ture (which includes natural gas storage, pipe- (B) fix the basic pay of any employee ap- as ‘‘Fossil Energy Climate Solutions Chal-
lines, and natural gas production sites); and pointed under this section at a rate not to ex- lenges’’ for carrying out prize competitions de-
‘‘(B) protect public health in the event of a ceed level II of the Executive Schedule; and scribed under subsection (d) pursuant to section
major methane leak; (C) pay any employee appointed under this 24 of the Stevenson-Wydler Technology Innova-
‘‘(2) promote demonstration and adoption of section payments in addition to basic pay, ex- tion Act of 1980 (15 U.S.C. 3719) relating to the
effective methane emissions-reduction tech- cept that the total amount of additional pay- climate and energy.
nologies in the private sector; ments paid to an employee under this subsection (b) PRIZE COMMITTEES.—
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H4812 CONGRESSIONAL RECORD — HOUSE September 23, 2020
(1) IN GENERAL.—The Secretary shall assemble a citizen or permanent resident of the United (2) by adding at the end the following new
a prize committee that shall define the scope States. paragraphs:
and detail of, and provide the requirements for, (f) COMPLETION OF PRIZE COMPETITIONS.— ‘‘(2) A holder of a certificate of public conven-
the prize competitions under this section. Such The prize competitions carried out under this ience and necessity may not exercise the right of
committee may be composed of— section shall be completed not later than the eminent domain under paragraph (1) unless the
(A) members from the Office of Fossil Energy, date that is 5 years after the program is estab- holder—
Advanced Research Projects Energy, Office of lished under subsection (a). ‘‘(A) obtains all Federal and State permits re-
Technology Transitions, or other offices that (g) AUTHORIZATION OF APPROPRIATIONS.— quired by law for the construction and oper-
most appropriately corresponds with the topic of There is authorized to be appropriated ation of pipeline facilities;
the prize competition; and $15,000,000 to carry out this section, to remain ‘‘(B) complies with all environmental condi-
(B) representatives of any other entities, as available until expended. tions appended to the certificate order; and
determined appropriate by the Secretary, in- ‘‘(C) is in compliance with subsection (i)(2).
Subtitle B—Controlling Methane Leaks ‘‘(3) A holder of a certificate of public conven-
cluding other Federal agencies, State and local
SEC. 3201. IMPROVING THE NATURAL GAS DIS- ience and necessity shall be suspended from the
governments, and the private sector. TRIBUTION SYSTEM. exercise of the right of eminent domain under
(2) DEFINING TOPIC AREAS.—The prize com-
(a) PROGRAM.—The Secretary of Energy shall paragraph (1)—
mittee may modify and define the scope of the ‘‘(A) if the holder requests a material amend-
establish a grant program to provide financial
prize areas described under subsection (c), so ment to the certificate, until such time as the
assistance to States to offset the incremental
long as such modification is in accordance with conditions in paragraph (4) are satisfied; or
rate increases paid by low-income households
descriptions in such subsection. ‘‘(B) if a Federal or State permit held by the
resulting from the implementation of infrastruc-
(3) INCENTIVE FOR PRIZE COMPETITION.—The holder is vacated or remanded, until such time
ture replacement, repair, and maintenance pro-
prize committee for each prize competition shall as—
grams that are approved by the rate-setting en-
determine the incentive for the prize competi- ‘‘(i) all vacated or remanded permits are rein-
tity and designed to accelerate the necessary re-
tion. In determining the incentive, the committee stated or reissued to the holder; and
placement, repair, or maintenance of natural
shall consider— ‘‘(ii) the holder complies with all environ-
gas distribution systems.
(A) a cash prize; mental conditions appended to the certificate
(b) DATE OF ELIGIBILITY.—Awards may be
(B) access to Government facilities, such as order.
provided under this section to offset rate in-
through a lab-embedded entrepreneurship pro- ‘‘(4) A holder of a certificate of public conven-
creases described in subsection (a) occurring on
gram of the Department of Energy, a coopera- ience and necessity who requests a material
or after the date of enactment of this Act.
tive research and development agreement, or amendment to the certificate and has the exer-
(c) PRIORITIZATION.—The Secretary shall col-
other method; cise of the right of eminent domain suspended
laborate with States to prioritize the distribution
(C) advance market commitments for tech- under paragraph (3)(A) may not commence a
of grants made under this section. At a min-
nologies of use or promise to the Federal Gov- new action or proceeding to exercise the right of
imum, the Secretary shall consider prioritizing
ernment; and eminent domain under paragraph (1) until such
(D) any other incentive provided for by law. the distribution of grants to States which have—
time as—
(4) JUDGING CRITERIA.—The prize committee (1) authorized or adopted enhanced infra- ‘‘(A) the Commission issues an amended cer-
for each prize competition shall establish judg- structure replacement programs or innovative tificate of public convenience and necessity; and
ing criteria for the competition that shall in- rate recovery mechanisms, such as infrastruc- ‘‘(B) the holder—
clude, at a minimum— ture cost trackers and riders, infrastructure base ‘‘(i) obtains all additional Federal and State
(A) potential for the solution to become a com- rate surcharges, deferred regulatory asset pro- permits required by law pursuant to the amend-
mercial product or service or advance knowledge grams, and earnings stability mechanisms; and ed certificate; and
to further the public good; (2) a viable means for delivering financial as- ‘‘(ii) complies with all environmental condi-
(B) consideration of how likely the solution is sistance to low-income households. tions appended to the amended certificate
to lead to subsequent research, development, de- (d) AUDITING AND REPORTING REQUIRE- order.’’.
ployment, or manufacturing in the United MENTS.—The Secretary shall establish auditing (b) ACCESS FOR SURVEYS.—Section 7 of the
States; and reporting requirements for States with re- Natural Gas Act (15 U.S.C. 717f) is further
(C) the degree to which the solution will lower spect to the performance of eligible projects amended by adding at the end the following:
the climate footprint of the United States; and funded pursuant to grants awarded under this ‘‘(i)(1) For purposes of subsection (h), the ex-
(D) the degree to which the solution will lower section. ercise of the right of eminent domain does not
the global climate footprint. (e) PREVAILING WAGES.—All laborers and me- include accessing property for purposes of sur-
(5) CONSIDERATION.—In carrying out this sec- chanics employed by contractors or subcontrac- veying prior to acquiring the property, except in
tion, the committee shall take into consideration tors in the performance of construction, alter- accordance with paragraph (2).
the best practices provided for in the challenges ation, or repair work assisted, in whole or in ‘‘(2) If a holder of a certificate of public con-
and prizes toolkit made publicly available on part, by a grant under this section shall be paid venience and necessity is unable to agree with
December 15, 2016, by the General Services Ad- wages at rates not less than those prevailing on the owner of property on access to the property
ministration. similar construction in the locality as deter- for purposes of surveying, the holder shall enter
(c) PRIZE COMPETITIONS.—In carrying out the mined by the Secretary of Labor in accordance into the dispute resolution process of the Com-
program, the Secretary shall offer prize awards with subchapter IV of chapter 31 of title 40. mission. If dispute resolution fails, or if the
for any of the following: With respect to the labor standards in this sub- property owner refuses to participate in such
(1) Solutions to capture carbon emissions from section, the Secretary of Labor shall have the process, the Commission may, upon a showing
sources that would otherwise be emitted to the authority and functions set forth in Reorganiza- by the holder of documented repeated, good
atmosphere. tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 faith efforts to work with the property owner to
(2) Solutions to convert carbon emissions to a U.S.C. App.) and section 3145 of title 40. agree on such access, issue an order declaring
beneficial use that does not result in near-term (f) DEFINITIONS.—In this section: that, upon a court order, for purposes of the rel-
re-release into the atmosphere, unless such re- (1) INNOVATIVE RATE RECOVERY MECHA- evant certificate and with respect to the rel-
release offsets the emission of additional carbon NISMS.—The term ‘‘innovative rate recovery evant property, the exercise of the right of emi-
into the atmosphere, such that the net effect of mechanisms’’ means rate structures that allow nent domain under subsection (h) includes ac-
the solution is to reduce the overall amount of State public utility commissions to modify tariffs cessing the property, in a limited, non-land-dis-
carbon being emitted to the atmosphere. and recover costs of investments in utility re- turbing manner, for purposes of surveying prior
(3) Other solutions that have potential to placement incurred between rate cases. to acquiring the property.’’.
achieve reduction in greenhouse gas emissions (2) LOW-INCOME HOUSEHOLD.—The term ‘‘low- (c) EFFECTIVE DATE.—The amendments made
associated with fossil-based energy production. income household’’ means a household that is by this subtitle shall apply—
(d) ACCEPTANCE OF FUNDS.—In addition to eligible to receive payments under section (1) to any action or proceeding for eminent
such sums as may be appropriated or otherwise 2605(b)(2) of the Low-Income Home Energy As- domain under section 7(h)(1) of the Natural Gas
made available to the Secretary to award prizes sistance Act of 1981 (42 U.S.C. 8624(b)(2)). Act, as amended by this subtitle, commencing on
under this section, the Secretary may accept (g) AUTHORIZATION OF APPROPRIATIONS.— or after the date of enactment of this Act; and
There are authorized to be appropriated to the (2) to any request for a material amendment to
funds from other Federal agencies, private sec-
Secretary to carry out this section $250,000,000 a certificate of public convenience and necessity
tor entities, and State and local governments to
in each of fiscal years 2021 through 2025. occurring on or after the date of enactment of
award prizes under this section. The Secretary
this Act.
may not give any special consideration relating Subtitle C—Eminent Domain Reform
to the selection of awards under the prize com- TITLE IV—NUCLEAR ENERGY
SEC. 3301. MODIFICATIONS TO EXERCISE OF THE
petition to any private sector entity or indi- RIGHT OF EMINENT DOMAIN BY Subtitle A—Advanced Nuclear Fuel
Availability
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vidual in return for a donation to the Secretary HOLDER OF A CERTIFICATE OF PUB-
or prize committee. LIC CONVENIENCE AND NECESSITY. SECTION 4101. PROGRAM.
(e) ELIGIBILITY.—Notwithstanding section (a) REQUIREMENT.—Section 7(h) of the Nat- (a) ESTABLISHMENT.—The Secretary shall es-
24(g)(3) of the Stevenson-Wydler Technology In- ural Gas Act (15 U.S.C. 717f(h)) is amended— tablish and carry out, through the Office of Nu-
novation Act of 1980 (15 U.S.C. 3719(g)(3)), a (1) by striking ‘‘When any holder’’ and insert- clear Energy, a program to support the avail-
group may be eligible for an award under this ing the following: ‘‘ (1) Subject to paragraph (2), ability of HA–LEU for civilian domestic dem-
section if one or more members of such group is when any holder’’; and onstration and commercial use.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4813
(b) PROGRAM ELEMENTS.—In carrying out the amounts that are consistent, to the extent prac- Secretary under the program described in sec-
program under subsection (a), the Secretary— ticable, with— tion 4101(a).
(1) shall develop, in consultation with the (A) the quantities estimated under the surveys (2) COORDINATION AND STAKEHOLDER INPUT.—
Commission, criticality benchmark data to assist conducted under paragraph (5); plus In developing the report under this subsection,
the Commission in— (B) the quantities necessary for demonstration the Secretary shall consult with—
(A) the licensing and regulation of category II projects carried out under the program, as deter- (A) the Nuclear Regulatory Commission;
spent nuclear material fuel fabrication and en- mined by the Secretary; and (B) the National Nuclear Security Administra-
richment facilities under part 70 of title 10, Code (9) shall, for advanced reactor demonstration tion;
of Federal Regulations; and projects, determine awardees of HA-LEU under (C) the National Laboratories;
(B) certification of transportation packages this subtitle through a merit-based, competitive (D) institutions of higher education;
under part 71 of title 10, Code of Federal Regu- selection process. (E) a diverse group of entities from the nu-
lations; (c) APPLICABILITY OF USEC PRIVATIZATION clear energy industry;
(2) may conduct research and development, ACT.— (F) a diverse group of technology developers;
and provide financial assistance to assist com- (1) SALE OR TRANSFER TO CONSORTIUM.—The (G) experts in nuclear nonproliferation, envi-
mercial entities, to design and license transpor- requirements of subparagraphs (A) and (C) of ronmental safety, public health and safety, and
tation packages for HA–LEU, including can- section 3112(d)(2) of the USEC Privatization Act economics; and
isters for metal, gas, and other HA–LEU com- (42 U.S.C. 2297h–10(d)(2)) shall apply to a sale (H) members of the consortium created under
positions; or transfer of HA–LEU for commercial use by section 4101(b)(6).
(3) shall, to the extent practicable— the Secretary to a member of the consortium (3) COST AND SCHEDULE ESTIMATES.—The re-
(A) by January 1, 2024, have commercial enti- under this section. port under this subsection shall include esti-
ties submit such transportation package designs (2) DEMONSTRATION.—HA-LEU made avail- mated costs, budgets, and timeframes for all ac-
to the Commission for certification by the Com- able to members of the consortium established tivities carried out under this subtitle.
mission under part 71 of title 10, Code of Federal pursuant to subsection (b)(6) for demonstration (4) REQUIRED EVALUATIONS.—The report
Regulations; and projects shall remain the property of the Depart- under this subsection shall evaluate—
(B) encourage the Commission to have such ment, which shall be responsible for the storage, (A) the actions required to establish and carry
transportation package designs so certified by use, and disposition of all radioactive waste cre- out the program under section 4101(a) and the
the Commission by January 1, 2026; ated by the irradiation, processing, or purifi- cost of such actions, including with respect to—
(4) shall consider options for acquiring or pro- cation of such uranium, and shall not be treated (i) proposed preliminary terms for contracting
viding HA-LEU from a stockpile of uranium as a sale or transfer of uranium subject to sec- between the Department and recipients of HA-
owned by the Department, or using enrichment tions 3112 and 3113 of the USEC Privatization LEU under the program (including guidelines
technology, to make available to members of the Act (42 U.S.C. 2297h–10; 42 U.S.C. 2297h–11). defining the roles and responsibilities between
consortium established pursuant to paragraph (d) DOE ACQUISITION OF HA–LEU.—The Sec- the Department and the recipient); and
(6) for commercial use or demonstration projects, retary may not make commitments under this (ii) the potential to coordinate with recipients
taking into account cost and amount of time re- section (including cooperative agreements (used of HA-LEU under the program regarding—
quired, and prioritizing methods that would in accordance with section 6305 of title 31, (I) fuel fabrication; and
produce usable HA-LEU the quickest, including United States Code), purchase agreements, (II) fuel transport;
options for acquiring or providing HA-LEU— guarantees, leases, service contracts, or any (B) the potential sources and fuel forms avail-
(A) that— other type of commitment) for the purchase or able to provide uranium for the program under
(i) directly meets the needs of an end user; other acquisition of HA–LEU unless funds are section 4101(a);
and specifically provided for such purposes in ad- (C) options to coordinate the program under
(ii) has been previously used or fabricated for vance in subsequent appropriations Acts, and section 4101(a) with the operation of the
another purpose; only to the extent that the full extent of antici- versatile, reactor-based fast neutron source
(B) that meets the needs of an end user after under section 959A of the Energy Policy Act of
pated costs stemming from such commitments is
having radioactive or other contaminants that 2005 (as added by this title);
recorded as an obligation up front and in full at
resulted from a previous use or fabrication of (D) the ability of uranium producers to pro-
the time it is made.
the fuel for research, development, demonstra- vide materials for advanced nuclear reactor
(e) SUNSET.—The authority of the Secretary to
tion, or deployment activities of the Department fuel;
carry out the program under this section shall
removed; (E) any associated legal, regulatory, and pol-
expire on the earlier of—
(C) that is produced from high-enriched ura- icy issues that should be addressed to enable—
(1) September 30, 2034; or
nium that is blended with lower assay uranium (i) implementation of the program under sec-
(2) 90 days after the date on which HA-LEU
to become HA–LEU to meet the needs of an end tion 4101(a); and
is available to provide a reliable and adequate
user; or (ii) the establishment of an industry capable
supply for civilian domestic advanced nuclear
(D) that is produced by United States or for- of providing HA–LEU; and
reactors in the commercial market.
eign-owned commercial entities; (F) any research and development plans to de-
(f) LIMITATION.—The Secretary shall not bar-
(5) not later than 1 year after the date of en- velop criticality benchmark data under section
ter or otherwise sell or transfer uranium in any
actment of this Act, and biennially thereafter, 4101(b)(1), if needed.
form in exchange for services relating to the
shall conduct a survey of stakeholders to esti- (c) ALTERNATE FUELS REPORT.—Not later
final disposition of radioactive waste from ura-
mate the quantity of HA–LEU necessary for do- than 180 days after the date of enactment of this
nium that is made available under this section.
mestic commercial use for each of the 5 subse- Act, the Secretary shall, after consulting with
quent years; SEC. 4102. REPORTS TO CONGRESS.
relevant entities, including National Labora-
(6) shall establish a consortium, which may (a) COMMISSION REPORT ON NECESSARY REGU-
tories, institutions of higher education, and
include entities involved in any stage of the nu- LATORY UPDATES.—Not later than 12 months
technology developers, submit to Congress a re-
clear fuel cycle, to partner with the Department after the date of enactment of this Act, the Com-
port identifying any and all options for pro-
to support the availability of HA–LEU for civil- mission shall submit to Congress a report that
viding nuclear material, containing isotopes
ian domestic demonstration and commercial use, includes—
other than the uranium-235 isotope, such as
including by— (1) identification of updates to regulations,
uranium-233 and thorium-232 to be used as fuel
(A) providing information to the Secretary for certifications, and other regulatory policies that
for advanced nuclear reactor research, develop-
purposes of surveys conducted under paragraph the Commission determines are necessary in
ment, demonstration, or commercial application
(5); order for HA–LEU to be commercially available,
purposes.
(B) purchasing HA–LEU made available to including—
SEC. 4103. AUTHORIZATION OF APPROPRIATIONS.
members of the consortium by the Secretary (A) guidance for material control and ac-
under the program; and countability of category II special nuclear mate- There are authorized to be appropriated to
(C) carrying out demonstration projects using rial; carry out this subtitle—
HA-LEU awarded by the Secretary under the (B) certifications relating to transportation (1) $31,500,000 for fiscal year 2021;
program; packaging for HA–LEU; and (2) $33,075,000 for fiscal year 2022;
(7) shall, prior to acquiring or providing HA– (C) licensing of enrichment, conversion, and (3) $34,728,750 for fiscal year 2023;
LEU under paragraph (8), in coordination with fuel fabrication facilities for HA–LEU, and asso- (4) $36,465,188 for fiscal year 2024; and
the consortium established pursuant to para- ciated physical security plans for such facilities; (5) $38,288,447 for fiscal year 2025.
graph (6), develop a schedule for cost recovery (2) a description of such updates; and SEC. 4104. DEFINITIONS.
of HA–LEU made available to members of the (3) a timeline to complete such updates. In this subtitle:
consortium using HA–LEU for commercial use (b) DOE REPORT ON PROGRAM TO SUPPORT (1) COMMISSION.—The term ‘‘Commission’’
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pursuant to paragraph (8); THE AVAILABILITY OF HA–LEU FOR CIVILIAN means the Nuclear Regulatory Commission.
(8) shall, beginning not later than 3 years DOMESTIC DEMONSTRATION AND COMMERCIAL (2) DEPARTMENT.—The term ‘‘Department’’
after the establishment of a consortium under USE.— means Department of Energy.
paragraph (6), have the capability to acquire or (1) IN GENERAL.—Not later than 180 days after (3) HA–LEU.—The term ‘‘HA–LEU’’ means
provide HA–LEU, in order to make such HA– the date of enactment of this section, the Sec- high-assay low-enriched uranium.
LEU available to members of the consortium be- retary shall submit to Congress a report that de- (4) HIGH-ASSAY LOW-ENRICHED URANIUM.—The
ginning not later than January 1, 2026, in scribes actions proposed to be carried out by the term ‘‘high-assay low-enriched uranium’’ means
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H4814 CONGRESSIONAL RECORD — HOUSE September 23, 2020
uranium having an assay greater than 5.0 Secretary to carry out the program under this sector and individuals who are experts in nu-
weight percent and less than 20.0 weight percent subsection— clear non-proliferation, environmental and pub-
enrichment of the uranium-235 isotope. ‘‘(A) $55,000,000 for fiscal year 2021; lic health and safety, and economics to advance
(5) HIGH-ENRICHED URANIUM.—The term ‘‘(B) $57,750,000 for fiscal year 2022; the development of various designs of advanced
‘‘high-enriched uranium’’ means uranium with ‘‘(C) $60,637,500 for fiscal year 2023; nuclear reactors.
an assay of 20.0 weight percent enrichment or ‘‘(D) $63,669,375 for fiscal year 2024; and ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
more of the uranium-235 isotope. ‘‘(E) $66,852,844 for fiscal year 2025. There are authorized to be appropriated to the
(6) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(b) ADVANCED REACTOR TECHNOLOGIES.— Secretary to carry out the program under this
the Secretary of Energy. ‘‘(1) IN GENERAL.—The Secretary shall carry subsection $55,000,000 for each of fiscal years
out a program of research, development, dem- 2021 through 2025.
Subtitle B—Nuclear Energy Leadership Act
onstration, and commercial application to sup- ‘‘(c) NUCLEAR HYBRID ENERGY SYSTEMS RE-
SEC. 4201. DEFINITIONS. port advanced reactor technologies. SEARCH, DEVELOPMENT, DEMONSTRATION, AND
Section 951(b) of the Energy Policy Act of 2005 ‘‘(2) REQUIREMENTS.—In carrying out the pro- COMMERCIAL APPLICATION PROGRAM.—
(42 U.S.C. 16271(b)) is amended— gram under this subsection, the Secretary ‘‘(1) IN GENERAL.—The Secretary shall carry
(1) by amending paragraph (1) to read as fol- shall— out a program of research, development, dem-
lows: ‘‘(A) prioritize designs for advanced nuclear onstration, and commercial application to de-
‘‘(1) ADVANCED NUCLEAR REACTOR.—The term reactors that are proliferation resistant and pas-
‘advanced nuclear reactor’ means— velop nuclear hybrid energy systems, composed
sively safe, including designs that, compared to of 2 or more colocated or jointly operated sub-
‘‘(A) a nuclear fission reactor, including a reactors operating on the date of enactment of
prototype plant (as defined in sections 50.2 and systems of energy generation, energy storage, or
the Clean Economy Jobs and Innovation Act— other technologies and in which not less than 1
52.1 of title 10, Code of Federal Regulations (or ‘‘(i) are economically competitive with other
successor regulations)), with significant im- such subsystem is a nuclear energy system, to
electric power generation plants;
provements compared to reactors operating on reduce greenhouse gas emissions in both the
‘‘(ii) have higher efficiency, lower cost, less
the date of enactment of the Clean Economy power and nonpower sectors.
environmental impacts, increased resilience, and
Jobs and Innovation Act, including improve- ‘‘(2) COORDINATION.—In carrying out the pro-
improved safety;
ments such as— gram under paragraph (1), the Secretary shall
‘‘(iii) use fuels that are proliferation-resistant
‘‘(i) additional inherent safety features; coordinate with relevant program offices within
and have reduced production of high-level
‘‘(ii) lower waste yields; the Department of Energy.
waste per unit of output; and
‘‘(iii) improved fuel and material performance; ‘‘(iv) use advanced instrumentation and moni- ‘‘(3) FOCUS AREAS.—The program under para-
‘‘(iv) increased tolerance to loss of fuel cool- toring systems; graph (1) may include research, development,
ing; ‘‘(B) consult with the Nuclear Regulatory demonstration, or commercial application of nu-
‘‘(v) enhanced reliability; Commission on appropriate metrics to consider clear hybrid energy systems with respect to—
‘‘(vi) increased proliferation resistance; for the criteria specified in subparagraph (A); ‘‘(A) desalination of water;
‘‘(vii) increased thermal efficiency; ‘‘(C) support research and development to re- ‘‘(B) hydrogen or other liquid and gaseous
‘‘(viii) reduced consumption of cooling water solve materials challenges relating to extreme fuel or chemical production;
and other environmental impacts; environments, including environments that con- ‘‘(C) heat for industrial processes;
‘‘(ix) the ability to integrate into electric ap- tain high levels of— ‘‘(D) district heating;
plications and nonelectric applications; ‘‘(i) radiation fluence; ‘‘(E) heat or electricity generation and stor-
‘‘(x) modular sizes to allow for deployment ‘‘(ii) temperature; age;
that corresponds with the demand for electricity ‘‘(iii) pressure; and ‘‘(F) carbon capture, use, utilization, and
or process heat; ‘‘(iv) corrosion; storage;
‘‘(xi) operational flexibility to respond to ‘‘(D) support research and development to aid ‘‘(G) microgrid or island applications;
changes in demand for electricity or process in the qualification of advanced fuels, including ‘‘(H) integrated systems modeling, analysis,
heat and to complement integration with inter- fabrication techniques; and optimization, inclusive of different configu-
mittent renewable energy or energy storage; or ‘‘(E) support activities that address near-term rations of hybrid energy systems; and
‘‘(xii) improved resilience; and challenges in modeling and simulation to enable ‘‘(I) integrated design, planning, building,
‘‘(B) a fusion reactor.’’; and accelerated design of and licensing of advanced and operation of systems with existing infra-
(2) by adding at the end the following: nuclear reactors, including the identification of structure, including interconnection require-
‘‘(7) INSTITUTION OF HIGHER EDUCATION.—The tools and methodologies for validating such ments with the electric grid, as appropriate.
term ‘institution of higher education’ has the modeling and simulation efforts; ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
meaning given the term in section 101(a) of the ‘‘(F) develop technologies, including tech- There are authorized to be appropriated to the
Higher Education Act of 1965 (20 U.S.C. nologies to manage, reduce, or reuse nuclear Secretary to carry out the program under this
1001(a)).’’. waste; subsection—
SEC. 4202. NUCLEAR ENERGY RESEARCH, DEVEL- ‘‘(G) ensure that nuclear research infrastruc- ‘‘(A) $52,500,000 for fiscal year 2021;
OPMENT, DEMONSTRATION, AND ture is maintained or constructed, including— ‘‘(B) $55,125,000 for fiscal year 2022;
COMMERCIAL APPLICATION PRO- ‘‘(i) currently operational research reactors at ‘‘(C) $57,881,250 for fiscal year 2023;
GRAMS. the National Laboratories and institutions of ‘‘(D) $60,775,313 for fiscal year 2024; and
(a) REACTOR CONCEPTS RESEARCH, DEVELOP- higher education; ‘‘(E) $63,814,078 for fiscal year 2025.’’.
MENT, AND DEMONSTRATION.—Section 952 of the ‘‘(ii) hot cell research facilities; (b) FUEL CYCLE RESEARCH AND DEVELOP-
Energy Policy Act of 2005 (42 U.S.C. 16272) is ‘‘(iii) a versatile fast neutron source; and MENT.—Section 953 of the Energy Policy Act of
amended to read as follows: ‘‘(iv) advanced coolant testing facilities, in- 2005 (42 U.S.C. 16273) is amended to read as fol-
‘‘SEC. 952. REACTOR CONCEPTS RESEARCH, DE- cluding coolants such as lead, sodium, gas, and lows:
VELOPMENT, DEMONSTRATION, AND molten salt; ‘‘SEC. 953. FUEL CYCLE RESEARCH, DEVELOP-
COMMERCIAL APPLICATION. ‘‘(H) improve scientific understanding of MENT, DEMONSTRATION, AND COM-
‘‘(a) SUSTAINABILITY PROGRAM FOR LIGHT nonlight water coolant physics and chemistry; MERCIAL APPLICATION.
WATER REACTORS.— ‘‘(I) develop advanced sensors and control ‘‘(a) USED NUCLEAR FUEL RESEARCH, DEVEL-
‘‘(1) IN GENERAL.—The Secretary shall carry systems, including the identification of tools OPMENT, DEMONSTRATION, AND COMMERCIAL AP-
out a program of research, development, dem- and methodologies for validating such sensors PLICATION.—
onstration, and commercial application to sup- and systems; ‘‘(1) IN GENERAL.—The Secretary shall con-
port existing operating nuclear power plants ‘‘(J) investigate advanced manufacturing and duct an advanced fuel cycle research, develop-
which shall address technologies to modernize advanced construction techniques and materials ment, demonstration, and commercial applica-
and improve, with respect to such plants— to reduce the cost of advanced nuclear reactors, tion program that improves fuel cycle perform-
‘‘(A) reliability; including the use of digital twins and of strate- ance and supports a variety of options for used
‘‘(B) capacity; gies to implement project and construction man- nuclear fuel storage, use, and disposal, includ-
‘‘(C) component aging; agement best practices, and study the effects of ing advanced nuclear reactor and non-reactor
‘‘(D) safety; radiation and corrosion on materials created concepts (such as radioisotope power systems),
‘‘(E) physical security and security costs; with these techniques; while minimizing environmental and public
‘‘(F) plant lifetime; ‘‘(K) consult with the Administrator of the health and safety impacts, including—
‘‘(G) operations and maintenance costs, in- National Nuclear Security Administration to in- ‘‘(A) dry cask storage;
cluding by utilizing risk-informed systems anal- tegrate reactor safeguards and security into de- ‘‘(B) consolidated interim storage;
ysis; sign; ‘‘(C) deep geological storage and disposal, in-
‘‘(H) the ability for plants to operate flexibly; ‘‘(L) support efforts to reduce any technical cluding mined repository, and other tech-
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‘‘(I) nuclear hybrid energy system applica- barriers that would prevent commercial applica- nologies;
tions described in subsection (c); tion of advanced nuclear energy systems; and ‘‘(D) used nuclear fuel transportation;
‘‘(J) efficiency; ‘‘(M) develop various safety analyses and ‘‘(E) integrated waste management systems;
‘‘(K) environmental impacts; and emergency preparedness and response meth- ‘‘(F) vitrification;
‘‘(L) resilience. odologies. ‘‘(G) fuel recycling and transmutation tech-
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) COORDINATION.—The Secretary shall co- nologies, including advanced reprocessing tech-
There are authorized to be appropriated to the ordinate with individuals engaged in the private nologies such as electrochemical and molten salt
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4815
technologies, and advanced redox extraction (3) in subsection (c), by redesignating para- ‘‘Sec. 954. Nuclear science and engineering sup-
technologies; graphs (1) and (2) as subparagraphs (A) and port.’’.
‘‘(H) advanced materials to be used in sub- (B), respectively, and indenting appropriately; (e) UNIVERSITY NUCLEAR LEADERSHIP PRO-
paragraphs (A) through (G); and (4) in subsection (d)— GRAM.—Section 313 of the Omnibus Appropria-
‘‘(I) other areas as determined by the Sec- (A) in the matter preceding paragraph (1), by tions Act, 2009 (42 U.S.C. 16274a), is amended to
retary. striking ‘‘this section’’ and inserting ‘‘this sub- read as follows:
‘‘(2) REQUIREMENTS.—In carrying out the pro- section’’; and ‘‘SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP
gram under this subsection, the Secretary (B) by redesignating paragraphs (1) through PROGRAM.
shall— (4) as subparagraphs (A) through (D), respec- ‘‘(a) IN GENERAL.—In carrying out section 954
‘‘(A) ensure all activities and designs incor- tively, and indenting appropriately; of the Energy Policy Act of 2005 (42 U.S.C.
porate state of the art safeguards technologies (5) in subsection (e), by striking ‘‘this section’’ 16274), the Secretary of Energy shall support a
and techniques to reduce risk of proliferation; and inserting ‘‘this subsection’’; program to be known as the University Nuclear
‘‘(B) consult with the Administrator of the (6) in subsection (f)— Leadership Program (in this section referred to
National Nuclear Security Administration to in- (A) by striking ‘‘this section’’ and inserting as the ‘Program’).
tegrate safeguards and security by design; ‘‘this subsection’’; and ‘‘(b) USE OF FUNDS.—
‘‘(C) consider the potential benefits and other (B) by striking ‘‘subsection (b)(2)’’ and insert- ‘‘(1) IN GENERAL.—Except as provided in para-
impacts of those activities for civilian nuclear ing ‘‘paragraph (2)(B)’’; graph (2), amounts made available to carry out
applications, environmental health and safety, (7) by redesignating subsections (a) through the Program shall be used to provide financial
and national security, including consideration (d) as paragraphs (1) through (4), respectively, assistance for scholarships, fellowships, and re-
of public consent; and and indenting appropriately; search and development projects at institutions
‘‘(D) consider the economic viability of all ac- (8) by redesignating subsections (e) and (f) as of higher education with respect to research, de-
tivities and designs. paragraphs (7) and (8), respectively; velopment, demonstration, and commercial ap-
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (9) by inserting after paragraph (4) (as so re- plication activities relevant to civilian advanced
There are authorized to be appropriated to the designated) the following: nuclear reactors including, but not limited to—
Secretary to carry out the program under this ‘‘(5) RADIOLOGICAL FACILITIES MANAGEMENT.— ‘‘(A) relevant fuel cycle technologies;
subsection— ‘‘(A) IN GENERAL.—The Secretary shall carry ‘‘(B) project management; and
‘‘(A) $91,875,000 for fiscal year 2021; out a program under which the Secretary shall ‘‘(C) advanced construction, manufacturing,
‘‘(B) $96,468,750 for fiscal year 2022; provide project management, technical support, and fabrication methods.
‘‘(C) $101,292,188 for fiscal year 2023; quality engineering and inspection, and nuclear ‘‘(2) EXCEPTION.—Notwithstanding paragraph
‘‘(D) $106,356,797 for fiscal year 2024; and material handling support to research reactors (1), amounts made available to carry out the
‘‘(E) $111,674,637 for fiscal year 2025. located at universities. Program may be used to provide financial assist-
‘‘(b) ADVANCED FUELS.— ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—Of ance for a scholarship, fellowship, or multiyear
‘‘(1) IN GENERAL.—The Secretary shall con- any amounts appropriated to carry out the pro- research and development project that does not
duct an advanced fuels research, development, gram under this subsection, there are authorized align directly with a programmatic mission of
demonstration, and commercial application pro- to be appropriated to the Secretary to carry out the Department of Energy, if the activity for
gram on next-generation light water reactor and the program under this paragraph $20,000,000 which assistance is provided would facilitate the
advanced reactor fuels that demonstrate the po- for each of fiscal years 2021 through 2030. maintenance of the discipline of nuclear science
tential for improved— ‘‘(6) NUCLEAR ENERGY UNIVERSITY PROGRAM.— or nuclear engineering.
‘‘(A) performance; In carrying out the programs under this section, ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(B) accident tolerance; the Department shall allocate 20 percent of There are authorized to be appropriated
‘‘(C) proliferation resistance; funds appropriated to nuclear energy research $15,000,000 to the Secretary of Energy to carry
‘‘(D) use of resources; and development programs annually to fund out the Program for each of fiscal years 2021
‘‘(E) environmental impact; and university-led research and university infra- through 2030.’’.
‘‘(F) economics. structure projects through an open, competitive (f) VERSATILE NEUTRON SOURCE.—Section
‘‘(2) REQUIREMENTS.—In carrying out the pro- solicitation process.’’; 955(c) of the Energy Policy Act of 2005 (42
gram under this subsection, the Secretary (10) by inserting before paragraph (1) (as so U.S.C. 16275(c)) is amended—
shall— redesignated) the following: (1) in paragraph (1)—
‘‘(A) focus on the development of advanced ‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND ENGI- (A) in the paragraph heading, by striking
technology fuels, including fabrication tech- NEERING SUPPORT.—’’; and
‘‘MISSION NEED’’ and inserting ‘‘AUTHORIZA-
niques, that offer improved accident-tolerance (11) by adding at the end the following:
TION’’; and
and economic performance with the goal of ini- ‘‘(b) NUCLEAR ENERGY APPRENTICESHIP SUB-
(B) in subparagraph (A), by striking ‘‘deter-
tial commercial application by December 31, PROGRAM.—
mine the mission need’’ and inserting ‘‘provide’’;
2025; and ‘‘(1) ESTABLISHMENT.—In carrying out the
and
‘‘(B) cooperate with private industry and with program under subsection (a), the Secretary
(2) by adding at the end the following:
institutions of higher education through the Nu- shall establish a nuclear energy apprenticeship
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—
clear Energy University and Integrated Re- subprogram under which the Secretary shall There are authorized to be appropriated to the
search Projects programs of the Department. competitively award traineeships and appren- Secretary to carry out to completion the con-
‘‘(3) REPORT.—Not later than 180 days after ticeships in coordination with universities to struction of the facility under this section—
the date of enactment of this section, the Sec- provide focused, advanced training to meet crit- ‘‘(A) $300,000,000 for fiscal year 2021;
retary shall submit to the Committee on Science, ical mission needs of the Department, including ‘‘(B) $550,000,000 for fiscal year 2022;
Space, and Technology of the House of Rep- in industries that are represented by skilled ‘‘(C) $638,000,000 for fiscal year 2023;
resentatives and the Committee on Energy and labor unions. ‘‘(D) $765,000,000 for fiscal year 2024; and
Natural Resources of the Senate a report that ‘‘(2) REQUIREMENTS.—In carrying out the sub- ‘‘(E) $763,000,000 for fiscal year 2025.’’.
describes how the technologies and concepts program under this subsection, the Secretary (g) ADVANCED NUCLEAR REACTOR RESEARCH,
studied under this program would impact reac- shall— DEVELOPMENT, AND DEMONSTRATION PRO-
tor economics, the fuel cycle, operations, safety, ‘‘(A) encourage appropriate partnerships GRAM.—
proliferation, and the environment. among National Laboratories, affected univer- (1) IN GENERAL.—Subtitle E of title IX of the
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— sities, and industry; and Energy Policy Act of 2005 (42 U.S.C. 16271 et
There are authorized to be appropriated to the ‘‘(B) on an annual basis, evaluate the needs seq.) is amended by adding at the end the fol-
Secretary to carry out the program under this of the nuclear energy community to implement lowing:
subsection— traineeships for focused topical areas addressing
‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RE-
‘‘(A) $133,000,000 for fiscal year 2021; mission-specific workforce needs. SEARCH, DEVELOPMENT, DEM-
‘‘(B) $139,650,000 for fiscal year 2022; ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ONSTRATION, AND COMMERCIAL AP-
‘‘(C) $146,632,500 for fiscal year 2023; There are authorized to be appropriated to the PLICATION PROGRAM.
‘‘(D) $153,964,125 for fiscal year 2024; and Secretary to carry out the subprogram under ‘‘(a) DEMONSTRATION PROJECT DEFINED.—For
‘‘(E) $161,662,331 for fiscal year 2025.’’. this subsection $5,000,000 for each of fiscal years the purposes of this section, the term ‘dem-
(c) NUCLEAR SCIENCE AND ENGINEERING SUP- 2021 through 2030.’’. onstration project’ means—
PORT.—Section 954 of the Energy Policy Act of (d) CONFORMING AMENDMENT.—The table of ‘‘(1) an advanced nuclear reactor operated for
2005 (42 U.S.C. 16274) is amended— contents of the Energy Policy Act of 2005 (Pub- the purpose of demonstrating the suitability for
(1) in the section heading, by striking ‘‘UNI- lic Law 109–58; 119 Stat. 600) is amended by commercial application of the advanced nuclear
VERSITY NUCLEAR’’ and inserting ‘‘NUCLEAR’’; striking the items relating to sections 952 reactor—
through 954 and inserting the following:
ctelli on DSK11ZRN23PROD with HOUSE
(2) in subsection (b)— ‘‘(A) as part of the power generation facilities
(A) in the matter preceding paragraph (1), by ‘‘Sec. 952. Reactor concepts research, develop- of an electric utility system; or
striking ‘‘this section’’ and inserting ‘‘this sub- ment, demonstration, and com- ‘‘(B) in any other manner; or
section’’; and mercial application. ‘‘(2) the operation of one or more experimental
(B) by redesignating paragraphs (1) through ‘‘Sec. 953. Fuel cycle research, development, advanced nuclear reactors, for the purpose of
(5) as subparagraphs (A) through (E), respec- demonstration, and commercial demonstrating the suitability for commercial ap-
tively, and indenting appropriately; application plication of such advanced nuclear reactors.
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H4816 CONGRESSIONAL RECORD — HOUSE September 23, 2020
‘‘(b) ESTABLISHMENT.—The Secretary shall es- ‘‘(D) potential end users of new technologies ‘‘(1) to coordinate international efforts with
tablish a program to advance the research, de- (such as users of high-temperature process heat respect to research, development, demonstration,
velopment, demonstration, and commercial ap- for manufacturing processing, including petro- and commercial application of nuclear tech-
plication of domestic advanced, affordable, nu- chemical or synthetic fuel companies, manufac- nology that supports diplomatic, nonprolifera-
clear energy technologies by— turers of metals or chemicals, or manufacturers tion, climate, and international economic objec-
‘‘(1) demonstrating a variety of advanced nu- of concrete); tives for the safe, secure, and peaceful use of
clear reactor technologies that could be used to ‘‘(E) developers of advanced nuclear reactor such technology; and
produce— technology; ‘‘(2) to develop collaboration initiatives with
‘‘(A) safer, emissions-free power at a lower ‘‘(F) environmental and public health and respect to such efforts with a variety of coun-
cost compared to reactors operating on the date safety experts; and tries through—
of enactment of the Clean Economy Jobs and In- ‘‘(G) non-proliferation experts; ‘‘(A) research and development agreements;
novation Act; ‘‘(6) seek to ensure that the demonstration ‘‘(B) the development of coordinated action
‘‘(B) heat for community heating, industrial projects carried out under this section do not plans; and
purposes, heat storage, or synthetic fuel produc- cause any delay in the progress of an advanced ‘‘(C) new or existing multilateral cooperation
tion; reactor project by private industry and the De- commitments including—
‘‘(i) the International Framework for Nuclear
‘‘(C) remote or off-grid energy supply; or partment of Energy that is underway as of the
‘‘(D) backup or mission-critical power sup- Energy Cooperation;
date of enactment of this section;
‘‘(ii) the Generation IV International Forum;
plies; ‘‘(7) establish a streamlined approval process ‘‘(iii) the International Atomic Energy Agen-
‘‘(2) identifying research areas that the pri- for expedited contracting between awardees and cy;
vate sector is unable or unwilling to undertake the Department; ‘‘(iv) the Organization for Economic Co-oper-
due to the cost of, or risks associated with, the ‘‘(8) identify technical challenges to candidate ation and Development Nuclear Energy Agency;
research; and technologies; and
‘‘(3) facilitating the access of the private sec- ‘‘(9) support near-term research and develop- ‘‘(v) any other international collaborative ef-
tor— ment to address the highest risk technical chal- fort with respect to advanced nuclear reactor
‘‘(A) to Federal research facilities and per- lenges to the successful demonstration of a se- operations and safety.
sonnel; and lected advanced reactor technology, in accord- ‘‘(b) REQUIREMENTS.—The program under sub-
‘‘(B) to the results of research relating to civil ance with— section (a) shall be carried out to facilitate, to
nuclear technology funded by the Federal Gov- ‘‘(A) paragraph (8); the maximum extent practicable, workshops and
ernment. ‘‘(B) the research and development activities expert-based exchanges to engage industry,
‘‘(c) DEMONSTRATION PROJECTS.—In carrying under section 952(b); and stakeholders, and foreign governments regard-
out demonstration projects under the program ‘‘(C) the research and development activities ing international civil nuclear issues, such as
established in subsection (b), the Secretary under section 958; and training, financing, safety, and options for mul-
shall— ‘‘(10) establish such technology advisory tinational cooperation on used nuclear fuel dis-
‘‘(1) include, as an evaluation criterion, diver- working groups as the Secretary determines to posal.’’.
sity in designs for the advanced nuclear reactors be appropriate to advise the Secretary regarding (2) TABLE OF CONTENTS.—The table of con-
demonstrated under this section, including de- the technical challenges identified under para- tents of the Energy Policy Act of 2005 (Public
signs using various— graph (8) and the scope of research and develop- Law 109–58; 119 Stat. 594), as amended by sub-
‘‘(A) primary coolants; ment programs to address the challenges, in ac- section (g), is further amended by inserting after
‘‘(B) fuel types and compositions; and cordance with paragraph (9), to be comprised the item relating to section 959A the following:
‘‘(C) neutron spectra; of— ‘‘Sec. 959B. International nuclear energy co-
‘‘(2) consider, as an evaluation criterion, the ‘‘(A) private sector advanced nuclear reactor operation.’’.
likelihood that the operating cost for future technology developers; SEC. 4203. NUCLEAR ENERGY BUDGET PLAN.
commercial units for each design implemented ‘‘(B) technical experts with respect to the rel-
Section 959 of the Energy Policy Act of 2005
through a demonstration project under this sub- evant technologies at institutions of higher edu-
(42 U.S.C. 16279) is amended—
section is cost-competitive in the applicable mar- cation; (1) by amending subsection (b) to read as fol-
ket, including those designs configured as hy- ‘‘(C) technical experts at the National Labora- lows:
brid energy systems as described in section tories; ‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of
952(c); ‘‘(D) environmental and public health and the budget plans submitted under subsection (a)
‘‘(3) ensure that each evaluation of candidate safety experts; shall assume constant annual funding for 10
technologies for the demonstration projects is ‘‘(E) non-proliferation experts; and years at the appropriated level for the current
completed through an external review of pro- ‘‘(F) any other entities the Secretary deter- fiscal year for the civilian nuclear energy re-
posed designs, which review shall— mines appropriate. search and development of the Department.’’;
‘‘(A) be conducted by a panel that includes ‘‘(d) NONDUPLICATION.—Entities may not re-
and
not fewer than 1 representative that does not ceive funds under this program if receiving (2) by inserting after subsection (d) the fol-
have a conflict of interest of each of— funds from another reactor demonstration pro- lowing:
‘‘(i) an electric utility; gram at the Department in the same fiscal year. ‘‘(e) UPDATES.—Not less frequently than once
‘‘(ii) an entity that uses high-temperature ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— every 2 years, the Secretary shall submit to the
process heat for manufacturing or industrial There are authorized to be appropriated to the Committee on Science, Space, and Technology of
processing, such as a petrochemical or synthetic Secretary to carry out the program under this the House of Representatives and the Committee
fuel company, a manufacturer of metals or subsection— on Energy and Natural Resources of the Senate
chemicals, or a manufacturer of concrete; ‘‘(1) $530,000,000 for fiscal year 2021; updated 10-year budget plans which shall iden-
‘‘(iii) an expert from the investment commu- ‘‘(2) $680,000,000 for fiscal year 2022; tify, and provide a justification for, any major
nity; ‘‘(3) $680,000,000 for fiscal year 2023; deviation from a previous budget plan submitted
‘‘(iv) a project management practitioner; and ‘‘(4) $680,000,000 for fiscal year 2024; and
under this section.’’.
‘‘(v) an environmental health and safety ex- ‘‘(5) $680,000,000 for fiscal year 2025.’’.
SEC. 4204. ORGANIZATION AND ADMINISTRATION
pert; and (2) TABLE OF CONTENTS.—The table of con- OF PROGRAMS.
‘‘(B) include a review of each demonstration tents of the Energy Policy Act of 2005 (Public
(a) IN GENERAL.—Subtitle E of title IX of the
project under this subsection which shall in- Law 109–58; 119 Stat. 594) is amended—
Energy Policy Act of 2005 (42 U.S.C. 16271 et
clude consideration of cost-competitiveness and (A) in the items relating to sections 957, 958,
seq.), as amended by this Act, is further amend-
other value streams, together with the tech- and 959, by inserting ‘‘Sec.’’ before ‘‘9’’ each
ed by adding at the end of the following:
nology readiness level, the technical abilities place it appears; and
‘‘SEC. 959C. ORGANIZATION AND ADMINISTRA-
and qualifications of teams desiring to dem- (B) by inserting after the item relating to sec- TION OF PROGRAMS.
onstrate a proposed advanced nuclear reactor tion 959 the following:
‘‘(a) COORDINATION.—In carrying out this
technology, the capacity to meet cost-share re- ‘‘Sec. 959A. Advanced nuclear reactor research, subtitle, the Secretary shall coordinate activi-
quirements of the Department, if Federal fund- development, demonstration, and ties, and effectively manage crosscutting re-
ing is provided, and environmental impacts; commercial application pro- search priorities across programs of the Depart-
‘‘(4) for federally funded demonstration gram.’’. ment and other relevant Federal agencies, in-
projects, enter into cost-sharing agreements with (h) INTERNATIONAL NUCLEAR ENERGY CO- cluding the National Laboratories.
private sector partners in accordance with sec- OPERATION.— ‘‘(b) COLLABORATION.—
tion 988 for the conduct of activities relating to (1) IN GENERAL.—Subtitle E of title IX of the ‘‘(1) IN GENERAL.—In carrying out this sub-
the research, development, and demonstration of Energy Policy Act of 2005 (42 U.S.C. 16271 et title, the Secretary shall collaborate with indus-
ctelli on DSK11ZRN23PROD with HOUSE
advanced nuclear reactor designs under the pro- seq.), as amended by subsection (g), is further try, National Laboratories, other relevant Fed-
gram; amended by adding at the end the following: eral agencies, institutions of higher education,
‘‘(5) consult with— ‘‘SEC. 959B. INTERNATIONAL NUCLEAR ENERGY including minority-serving institutions and re-
‘‘(A) National Laboratories; COOPERATION. search reactors, Tribal entities, including Alas-
‘‘(B) institutions of higher education; ‘‘(a) IN GENERAL.—The Secretary, in consulta- ka Native Corporations, and international bod-
‘‘(C) traditional end users (such as electric tion with international regulators, shall carry ies with relevant scientific and technical exper-
utilities); out a program— tise.
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4817
‘‘(2) PARTICIPATION.—To the extent prac- ‘‘(ix) in calendar year 2022, 489,617 kilograms; paragraph (2)(A) based on the most accurate
ticable, the Secretary shall encourage research ‘‘(x) in calendar year 2023, 578,877 kilograms; scenario data.’’; and
projects that promote collaboration between en- ‘‘(xi) in calendar year 2024, 476,536 kilograms; (iv) in subparagraph (D), as redesignated by
tities specified in paragraph (1). ‘‘(xii) in calendar year 2025, 470,376 kilograms; clause (ii), by striking ‘‘subparagraph (B)’’ and
‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC ‘‘(xiii) in calendar year 2026, 464,183 kilo- inserting ‘‘subparagraph (C)’’;
AVAILABILITY.—The Secretary shall, except to grams; (D) in paragraph (9), by striking ‘‘2020’’ and
the extent protected from disclosure under sec- ‘‘(xiv) in calendar year 2027, 459,083 kilo- inserting ‘‘2040’’;
tion 552(b) of title 5, United States Code, publish grams; (E) in paragraph (12)(B), by inserting ‘‘or the
the results of projects supported under this sub- ‘‘(xv) in calendar year 2028, 344,312 kilograms; Suspension Agreement’’ after ‘‘the Russian HEU
title through Department websites, reports, ‘‘(xvi) in calendar year 2029, 340,114 kilo- Agreement’’; and
databases, training materials, and industry con- grams; (F) by striking ‘‘(2)(B)’’ each place it appears
ferences, including information discovered after ‘‘(xvii) in calendar year 2030, 332,141 kilo- and inserting ‘‘(2)(C)’’.
the completion of such projects. grams; (b) APPLICABILITY.—The amendments made by
‘‘(d) EDUCATION AND OUTREACH.—In carrying ‘‘(xviii) in calendar year 2031, 328,862 kilo- subsection (a) apply with respect to uranium im-
out the activities described in this subtitle, the grams; ported from the Russian Federation on or after
Secretary shall support education and outreach ‘‘(xix) in calendar year 2032, 322,255 kilo- January 1, 2021.
activities to disseminate information and pro- grams; TITLE V—ELECTRIC GRID AND
mote public understanding of nuclear energy. ‘‘(xx) in calendar year 2033, 317,536 kilograms; CYBERSECURITY
‘‘(e) TECHNICAL ASSISTANCE.—In carrying out ‘‘(xxi) in calendar year 2034, 298,088 kilo- Subtitle A—Electric Grid
this subtitle, for the purposes of supporting grams; PART 1—21ST CENTURY POWER GRID
technical, nonhardware, and information-based ‘‘(xxii) in calendar year 2035, 294,511 kilo-
SEC. 5101. 21ST CENTURY POWER GRID.
advances in nuclear energy development and grams;
‘‘(xxiii) in calendar year 2036, 286,066 kilo- (a) IN GENERAL.—The Secretary of Energy
operations, the Secretary shall also conduct shall establish a program to provide financial
technical assistance and analysis activities, in- grams;
‘‘(xxiv) in calendar year 2037, 281,272 kilo- assistance to eligible partnerships to carry out
cluding activities that support commercial appli- projects related to the modernization of the elec-
cation of nuclear energy in rural, Tribal, and grams;
‘‘(xxv) in calendar year 2038, 277,124 kilo- tric grid, including—
low-income communities. (1) projects for the deployment of technologies
‘‘(f) PROGRAM REVIEW.—At least annually, all grams;
‘‘(xxvi) in calendar year 2039, 277,124 kilo- to improve monitoring of, advanced controls for,
programs in this subtitle shall be subject to an and prediction of performance of, a distribution
annual review by the Nuclear Energy Advisory grams; and
‘‘(xxvii) in calendar year 2040, 267,685 kilo- system; and
Committee of the Department or other inde- (2) projects related to transmission system
pendent entity, as appropriate. grams.’’;
planning and operation.
‘‘(g) SENSITIVE INFORMATION.—The Secretary (ii) by redesignating subparagraph (B) as sub-
(b) ELIGIBLE PROJECTS.—Projects for which
shall not publish any information generated paragraph (C); and
an eligible partnership may receive financial as-
under this subtitle that is detrimental to na- (iii) by inserting after subparagraph (A) the
sistance under subsection (a)—
tional security, as determined by the Sec- following: (1) shall be designed to improve the resiliency,
‘‘(B) ADMINISTRATION.— performance, or efficiency of the electric grid,
retary.’’.
‘‘(i) IN GENERAL.—The Secretary of Commerce
(b) TABLE OF CONTENTS.—The table of con- while ensuring the continued provision of safe,
shall administer the import limitations described
tents of the Energy Policy Act of 2005 (Public secure, reliable, and affordable power;
in subparagraph (A) in accordance with the (2) may be designed to deploy a new product
Law 109–58; 119 Stat. 594), as amended by this
provisions of the Suspension Agreement, includ- or technology that could be used by customers of
Act, is further amended by inserting after the
ing— an electric utility; and
item relating to section 959B the following:
‘‘(I) the limitations on sales of enriched ura- (3) shall demonstrate—
‘‘Sec. 959C. Organization and administration of nium product and separative work units plus (A) secure integration and management of en-
programs.’’. conversion; ergy resources, including through distributed
Subtitle C—Defending Against Rosatom ‘‘(II) the requirements for natural uranium re- energy generation, combined heat and power,
Exports turned feed associated with sales of enrichment, microgrids, energy storage, electric vehicles, en-
SEC. 4301. EXTENSION AND EXPANSION OF LIMI- or enrichment plus conversion from the Russian ergy efficiency, demand response, or control-
TATIONS ON IMPORTATION OF URA- Federation; and lable loads; or
NIUM FROM RUSSIAN FEDERATION. ‘‘(III) any other provisions of the Suspension (B) secure integration and interoperability of
(a) IN GENERAL.—Section 3112A of the USEC Agreement. communications and information technologies
Privatization Act (42 U.S.C. 2297h–10a) is ‘‘(ii) EFFECT OF TERMINATION OF SUSPENSION related to the electric grid.
amended— AGREEMENT.—Clause (i) shall remain in effect if (c) CYBERSECURITY PLAN.—Each project car-
(1) in subsection (a)— the Suspension Agreement is terminated.’’; ried out with financial assistance provided
(A) by redesignating paragraph (7) as para- (B) in paragraph (3)— under subsection (a) shall include the develop-
graph (8); and (i) in subparagraph (A), by striking the semi- ment of a cybersecurity plan written in accord-
(B) by inserting after paragraph (6) the fol- colon and inserting ‘‘; or’’; ance with guidelines developed by the Secretary
lowing: (ii) in subparagraph (B), by striking ‘‘; or’’ of Energy.
‘‘(7) SUSPENSION AGREEMENT.—The term ‘Sus- and inserting a period; and (d) PRIVACY EFFECTS ANALYSIS.—Each project
pension Agreement’ has the meaning given that (iii) by striking subparagraph (C); carried out with financial assistance provided
term in section 3102(13).’’; (C) in paragraph (5)— under subsection (a) shall include a privacy ef-
(2) in subsection (b)— (i) in subparagraph (A)— fects analysis that evaluates the project in ac-
(A) by striking ‘‘United States to support’’ (I) by striking ‘‘reference data’’ and all that cordance with the Voluntary Code of Conduct
and inserting the following: ‘‘United States— follows through ‘‘2019’’ and inserting the fol- of the Department of Energy, commonly known
‘‘(1) to support’’; lowing: ‘‘Lower Scenario data in the 2019 report as the ‘‘DataGuard Energy Data Privacy Pro-
(B) by striking the period at the end and in- of the World Nuclear Association entitled ‘The gram’’, or the most recent revisions to the pri-
serting a semicolon; and Nuclear Fuel Report: Global Scenarios for De- vacy program of the Department.
(C) by adding at the end the following: mand and Supply Availability 2019–2040’. In (e) DEFINITIONS.—In this section:
‘‘(2) to reduce reliance on uranium imports in each of calendar years 2023, 2029, and 2035’’; (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible
order to protect essential national security inter- and partnership’’ means a partnership consisting of
ests of the United States; (II) by striking ‘‘report or a subsequent re- two or more entities, which—
‘‘(3) to revive and strengthen the supply chain port’’ and inserting ‘‘report’’; (A) may include—
for nuclear fuel produced and used in the (ii) by redesignating subparagraphs (B) and (i) any institution of higher education;
United States; and (C) as subparagraphs (C) and (D), respectively; (ii) a National Laboratory;
(iii) a State, territory, or a local government
‘‘(4) to expand production of nuclear fuel in (iii) by inserting after subparagraph (A) the
or other public body created by or pursuant to
the United States.’’; and following:
‘‘(B) REPORT REQUIRED.—Not later than one State law;
(3) in subsection (c)— (iv) an Indian Tribe;
(A) in paragraph (2)— year after the date of the enactment of the (v) a Federal power marketing administration;
(i) in subparagraph (A)— Clean Economy Jobs and Innovation Act, and or
(I) by striking ‘‘After’’ and inserting ‘‘Except every 3 years thereafter, the Secretary shall sub- (vi) an entity that develops and provides tech-
as provided in subparagraph (B), after’’; mit to Congress a report that includes— nology; and
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(II) in clause (vi), by striking ‘‘; and’’ and in- ‘‘(i) a recommendation on the use of all pub- (B) shall include at least one of any of—
serting a semicolon; licly available data to ensure accurate fore- (i) an electric utility;
(III) in clause (vii), by striking the period at casting by scenario data to comport to actual (ii) a Regional Transmission Organization; or
the end and inserting a semicolon; and demand for low-enriched uranium for nuclear (iii) an Independent System Operator.
(IV) by adding at the end the following: reactors in the United States; and (2) ELECTRIC UTILITY.—The term ‘‘electric
‘‘(viii) in calendar year 2021, 596,682 kilo- ‘‘(ii) an identification of the steps to be taken utility’’ has the meaning given that term in sec-
grams; to adjust the import limitations described in tion 3(22) of the Federal Power Act (16 U.S.C.
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H4818 CONGRESSIONAL RECORD — HOUSE September 23, 2020
796(22)), except that such term does not include mission planning solutions that provide eco- titled ‘‘Transmission Planning and Cost Alloca-
an entity described in subparagraph (B) of such nomic, reliability, operation, and public policy tion by Transmission Owning and Operating
section. benefits, taking into consideration— Public Utilities’’ located at part 35 of title 18,
(3) FEDERAL POWER MARKETING ADMINISTRA- (A) the public interest; Code of Federal Regulations (or any successor
TION.—The term ‘‘Federal power marketing ad- (B) the integrity of markets; and regulation).
ministration’’ means the Bonneville Power Ad- (C) the protection of consumers; and Subtitle B—State Energy Security Plans
ministration, the Southeastern Power Adminis- (2) proposed changes to the processes de-
SEC. 5201. STATE ENERGY SECURITY PLANS.
tration, the Southwestern Power Administra- scribed in paragraph (1) to ensure that efficient,
tion, or the Western Area Power Administration. cost-effective, and broadly beneficial trans- (a) IN GENERAL.—Part D of title III of the En-
(4) INDEPENDENT SYSTEM OPERATOR; REGIONAL mission solutions are selected for construction, ergy Policy and Conservation Act (42 U.S.C.
TRANSMISSION ORGANIZATION.—The terms ‘‘Inde- taking into consideration— 6321 et seq.) is amended by adding at the end
pendent System Operator’’ and ‘‘Regional (A) the public interest; the following:
Transmission Organization’’ have the meanings (B) the integrity of markets; ‘‘SEC. 367. STATE ENERGY SECURITY PLANS.
given those terms in section 3 of the Federal (C) the protection of consumers; and ‘‘(a) IN GENERAL.—Federal financial assist-
Power Act (16 U.S.C. 796). (D) the range of benefits that interregional ance made available to a State under this part
(5) INSTITUTION OF HIGHER EDUCATION.—The transmission provides. may be used for the implementation, review, and
term ‘‘institution of higher education’’ has the (c) EMPHASIS.—In conducting the rulemaking revision of a State energy security plan that as-
meaning given that term in section 101(a) of the under subsection (a), the Commission shall de- sesses the State’s existing circumstances and
Higher Education Act of 1965 (20 U.S.C. velop rules that emphasize— proposes methods to strengthen the ability of the
1001(a)). (1) the need for a solution to secure approval State, in consultation with owners and opera-
(f) AUTHORIZATION OF APPROPRIATIONS.— based on a comprehensive assessment of the tors of energy infrastructure in such State, to—
There is authorized to be appropriated to the multiple benefits the solution is expected to pro- ‘‘(1) secure the energy infrastructure of the
Secretary of Energy to carry out this section vide; State against all physical and cybersecurity
$700,000,000 for each of fiscal years 2021 through (2) that interregional benefit analyses made threats;
2025, to remain available until expended. between multiple regions should not be subject ‘‘(2) mitigate the risk of energy supply disrup-
PART 2—TRANSMISSION PLANNING to reassessment by a single regional entity; tions to the State and enhance the response to,
(3) the importance of synchronizing the plan- and recovery from, energy disruptions; and
SEC. 5111. INTERREGIONAL TRANSMISSION PLAN-
ning processes between regions that neighbor ‘‘(3) ensure the State has a reliable, secure,
NING REPORT.
one another, including using one timeline with and resilient energy infrastructure.
Not later than 6 months after the date of en-
a single set of needs, input assumptions, and ‘‘(b) CONTENTS OF PLAN.—A State energy se-
actment of this Act, the Secretary of Energy
benefit metrics; curity plan described in subsection (a) shall—
shall submit to Congress a report that—
(4) that evaluation of long-term scenarios ‘‘(1) address all fuels, including petroleum
(1) examines the effectiveness of interregional
should align with the expected life of an inter- products, other liquid fuels, coal, electricity,
transmission planning processes for identifying
regional transmission solution; and natural gas, as well as regulated and un-
transmission projects across regions that provide
(5) that transmission planning authorities regulated energy providers;
economic, reliability, or operational benefits,
should allow for the identification and joint ‘‘(2) provide a State energy profile, including
taking into consideration the public interest, the
evaluation between regions of alternative pro- an assessment of energy production, distribu-
integrity of markets, and the protection of con-
posals; tion, and end-use;
sumers;
(6) that the interregional transmission plan- ‘‘(3) address potential hazards to each energy
(2) evaluates the current architecture of re-
ning process should take place not less fre- sector or system, including physical threats and
gional electricity grids (including international
quently than once every 3 years; cybersecurity threats and vulnerabilities;
transmission connections of such grids) that to-
(7) the elimination of arbitrary voltage, size, ‘‘(4) provide a risk assessment of energy infra-
gether comprise the Nation’s electricity grid,
or cost requirements for an interregional trans- structure and cross-sector interdependencies;
with respect to—
(A) potential growth in renewable energy gen- mission solution; and ‘‘(5) provide a risk mitigation approach to en-
(8) cost allocation methodologies that reflect hance reliability and end-use resilience; and
eration, including energy generation from off-
the multiple benefits provided by an inter- ‘‘(6) address multi-State, Indian Tribe, and re-
shore wind;
(B) potential growth in electricity demand; regional transmission solution. gional coordination planning and response, and
and (d) TIMING.—Not later than 18 months after to the extent practicable, encourage mutual as-
(C) retirement of existing electricity genera- the date of the enactment of this section, the sistance in cyber and physical response plans.
tion assets; Commission shall complete the rulemaking initi- ‘‘(c) COORDINATION.—In developing a State
(3) analyzes— ated under subsection (a). energy security plan under this section, the en-
(A) the range of benefits that interregional (e) DEFINITIONS.—In this section: ergy office of the State shall, to the extent prac-
transmission provides; (1) INTERREGIONAL BENEFIT ANALYSIS.—The ticable, coordinate with—
(B) the impact of basing transmission project term ‘‘interregional benefit analysis’’ means the ‘‘(1) the public utility or service commission of
approvals on a comprehensive assessment of the identification and evaluation of the estimated the State;
multiple benefits provided; benefits of interregional transmission facilities ‘‘(2) energy providers from the private sector;
(C) synchronization of processes described in in two or more neighboring transmission plan- and
paragraph (1) among neighboring regions; ning regions to meet the needs for transmission ‘‘(3) other entities responsible for maintaining
(D) how often interregional transmission system reliability, resilience, economic, and pub- fuel or electric reliability.
planning should be completed; lic policy requirements. ‘‘(d) FINANCIAL ASSISTANCE.—A State is not
(E) whether voltage, size, or cost requirements (2) INTERREGIONAL TRANSMISSION PLANNING eligible to receive Federal financial assistance
should be a factor in the approval of inter- PROCESS.—The term ‘‘interregional transmission under this part, for any purpose, for a fiscal
regional transmission projects; planning process’’ means an evaluation of year unless the Governor of such State submits
(F) cost allocation methodologies for inter- transmission needs established by public utility to the Secretary, with respect to such fiscal
regional transmission projects; and transmission providers in two or more neigh- year—
(G) current barriers and challenges to con- boring transmission planning regions that are ‘‘(1) a State energy security plan described in
struction of interregional transmission projects; jointly evaluated by those regions. subsection (a) that meets the requirements of
and (3) INTERREGIONAL TRANSMISSION SOLUTION.— subsection (b); or
(4) identifies potential changes, based on the The term ‘‘interregional transmission solution’’ ‘‘(2) after an annual review of the State en-
analysis under paragraph (3), to the processes means an interregional transmission facility ergy security plan by the Governor—
described in paragraph (1) to ensure the most ef- that is evaluated by two or more neighboring ‘‘(A) any necessary revisions to such plan; or
ficient, cost effective, and broadly beneficial transmission planning regions and determined ‘‘(B) a certification that no revisions to such
transmission projects are selected for construc- by each of those regions for the ability of the plan are necessary.
tion. project to efficiently or cost effectively meet re- ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of
SEC. 5112. INTERREGIONAL TRANSMISSION PLAN- gional transmission needs or to provide substan- the Governor of a State, the Secretary may pro-
NING RULEMAKING. tial benefits that are not addressed in either of vide information and technical assistance, and
(a) IN GENERAL.—Not later than 6 months the region’s regional planning processes. other assistance, in the development, implemen-
after the date of the enactment of this section, (4) TRANSMISSION PLANNING AUTHORITY.—The tation, or revision of a State energy security
the Federal Energy Regulatory Commission term ‘‘transmission planning authority’’ means plan.
(hereinafter in this section referred to as ‘‘the the public utility transmission provider within a ‘‘(f) SUNSET.—This section shall expire on Oc-
Commission’’) shall initiate a rulemaking to in- transmission planning region that is required to tober 31, 2024.’’.
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crease the effectiveness of the interregional create a regional transmission plan that identi- (b) TECHNICAL AND CONFORMING AMEND-
transmission planning process. fies transmission facilities and nontransmission MENTS.—
(b) ASSESSMENT.—In conducting the rule- alternatives needed to meet regional needs. (1) CONFORMING AMENDMENTS.—Section 363 of
making under subsection (a), the Commission (5) TRANSMISSION PLANNING REGIONS.—The the Energy Policy and Conservation Act (42
shall assess— term ‘‘transmission planning regions’’ means the U.S.C. 6323) is amended—
(1) the effectiveness of interregional trans- transmission planning regions recognized by the (A) by redesignating subsection (f) as sub-
mission planning processes for identifying trans- Commission as compliant with the final rule en- section (e); and
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4819
(B) by striking subsection (e). of the Senate an updated version of the plan means the research and development program
(2) TECHNICAL AMENDMENT.—Section under subparagraph (A). established under paragraph (1).
366(3)(B)(i) of the Energy Policy and Conserva- ‘‘(4) RESEARCH AND DEVELOPMENT.—In car- ‘‘(9) TECHNICAL ASSISTANCE GRANT PRO-
tion Act (42 U.S.C. 6326(3)(B)(i)) is amended by rying out the program established in paragraph GRAM.—
striking ‘‘approved under section 367’’. (1), the Secretary shall focus on developing— ‘‘(A) IN GENERAL.—The Secretary shall estab-
(3) REFERENCE.—The item relating to ‘‘De- ‘‘(A) energy storage systems that can store en- lish a technical assistance grant program (re-
partment of Energy—Energy Conservation’’ in ergy and deliver stored energy for a minimum of ferred to in this subsection as the ‘program’) to
title II of the Department of the Interior and 6 hours in duration to balance electricity needs award grants to eligible entities so that entities
Related Agencies Appropriations Act, 1985 (42 over the course of a single day; may seek technical assistance outside of the De-
U.S.C. 6323a) is amended by striking ‘‘sections ‘‘(B) long-duration energy storage systems partment of Energy to identify, evaluate, plan,
361 through 366’’ and inserting ‘‘sections 361 that can store energy and deliver stored energy design, and develop processes to procure energy
through 367’’. for 10 to 100 hours in duration; and storage systems.
(4) TABLE OF SECTIONS.—The table of sections ‘‘(C) energy storage systems that can store en- ‘‘(B) TECHNICAL ASSISTANCE.—
for part D of title III of the Energy Policy and ergy and deliver stored energy over several ‘‘(i) IN GENERAL.—Grants for technical assist-
Conservation Act is amended by adding at the months and address seasonal scale variations in ance may be used to obtain technical assistance
end the following: supply and demand. with one or more of the following activities re-
‘‘Sec. 367. State energy security plans.’’. ‘‘(5) TESTING AND VALIDATION.—The Secretary lating to energy storage systems:
shall support the standardized testing and vali- ‘‘(I) Identification of opportunities to use en-
Subtitle C—Research and Development dation of energy storage systems under the pro- ergy storage systems.
PART 1—BETTER ENERGY STORAGE gram through collaboration with 1 or more Na- ‘‘(II) Assessment of technical and economic
TECHNOLOGY tional Laboratories, including the development characteristics.
SEC. 5301. ENERGY STORAGE. of methodologies to independently validate en- ‘‘(III) Utility interconnection.
(a) IN GENERAL.—The United States Energy ergy storage technologies by— ‘‘(IV) Permitting and siting issues.
Storage Competitiveness Act of 2007 (42 U.S.C. ‘‘(A) performance of energy storage systems on ‘‘(V) Business planning and financial anal-
17231) is amended— the electric grid, including— ysis.
(1) by redesignating subsections (l) through ‘‘(i) when appropriate, testing of application- ‘‘(VI) Engineering design.
(p) as subsections (p) through (t), respectively; driven charge and discharge protocols; ‘‘(VII) Carrying out initial assessment to iden-
and ‘‘(ii) evaluation of power capacity and energy tify net system benefits of using energy storage
(2) by inserting after subsection (k) the fol- output; systems.
lowing: ‘‘(iii) degradation of the energy storage sys- ‘‘(VIII) Obtaining guidance relating to meth-
‘‘(l) ENERGY STORAGE RESEARCH AND DEVEL- tems from cycling and aging; ods to assess energy storage in long-term re-
OPMENT PROGRAM.— ‘‘(iv) safety; and source planning and resource procurement.
‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(v) reliability testing under grid duty cycles; ‘‘(IX) Carrying out studies to assess the cost-
after the date of enactment of this subsection, and benefit ratio of energy storage systems.
the Secretary shall establish a research and de- ‘‘(B) prediction of lifetime metrics. ‘‘(X) Obtaining guidance on complying with
velopment program for energy storage systems, ‘‘(6) COORDINATION.—In carrying out the pro- state and local regulatory technical standards,
components, and materials across multiple pro- gram established in paragraph (1), the Secretary including siting and permitting standards.
gram offices of the Department. shall coordinate with— ‘‘(ii) EXCLUSION.—The grants for technical as-
‘‘(A) programs and offices that aim to increase sistance described in subparagraph (A) shall not
‘‘(2) REQUIREMENTS.—In carrying out the pro-
gram under paragraph (1), the Secretary shall— domestic manufacturing and production of en- be used for assistance relating to modification of
‘‘(A) coordinate across all relevant program ergy storage systems, such as those within the Federal, State, or local regulations or policies
offices throughout the Department, including Department and within the National Institute of relating to energy storage systems.
the Office of Electricity, the Office of Energy Standards and Technology; ‘‘(C) APPLICATIONS.—
‘‘(B) other Federal agencies that are carrying ‘‘(i) IN GENERAL.—An eligible entity desiring
Efficiency and Renewable Energy, the Ad-
out initiatives to increase energy reliability grants for technical assistance under the pro-
vanced Research Projects Agency – Energy, the
through the development of energy storage sys- gram shall submit to the Secretary an applica-
Office of Science, and the Office of Cybersecu-
tems, including the Department of Defense; and tion at such time, in such manner, and con-
rity, Energy Security, and Emergency Response;
‘‘(C) other stakeholders working to advance
‘‘(B) adopt long-term cost, performance, and taining such information as the Secretary may
the development of commercially viable energy
demonstration targets for different types of en- require.
storage systems.
ergy storage systems and for use in a variety of ‘‘(ii) APPLICATION PROCESS.—The Secretary
‘‘(7) TECHNICAL ASSISTANCE PROGRAM.—
regions, including rural areas; shall seek applications for technical assistance
‘‘(A) IN GENERAL.—The Secretary shall pro-
‘‘(C) incorporate considerations of sustain- grants under the program—
vide technical assistance for commercial appli-
ability, sourcing, recycling, reuse, and disposal ‘‘(I) on a competitive basis; and
cation of energy storage technologies to eligible
of materials, including critical elements, in the ‘‘(II) on a periodic basis, but not less fre-
entities.
design of energy storage systems; quently than once every 12 months.
‘‘(B) TECHNICAL ASSISTANCE.—Technical as-
‘‘(D) identify energy storage duration needs; ‘‘(D) PRIORITIES.—In selecting eligible entities
sistance provided under this paragraph—
‘‘(E) analyze the need for various types of en- for grants under the program, the Secretary
‘‘(i) may include assistance with—
ergy storage to improve electric grid resilience ‘‘(I) assessment of relevant technical and geo- shall give priority to eligible entities with
and reliability; and graphic characteristics; projects that have the greatest potential for—
‘‘(F) support research and development of ad- ‘‘(II) interconnection of electricity storage sys- ‘‘(i) strengthening the reliability of energy in-
vanced manufacturing technologies that have tems with the electric grid; and frastructure and the resilience of energy infra-
the potential to improve United States competi- ‘‘(III) engineering design; and structure to the effects of extreme weather
tiveness in energy storage manufacturing. ‘‘(ii) may not include assistance relating to events, power grid failures, and interruptions in
‘‘(3) STRATEGIC PLAN.— modification of Federal, State, or local regula- supply of power;
‘‘(A) IN GENERAL.—No later than 180 days tions or policies with respect to energy storage ‘‘(ii) reducing the cost of energy storage sys-
after the date of enactment of this subsection, systems. tems;
the Secretary shall develop a 5-year strategic ‘‘(C) APPLICATIONS.— ‘‘(iii) facilitating the use of renewable energy
plan identifying research, development, dem- ‘‘(i) IN GENERAL.—The Secretary shall seek resources;
onstration, and commercial application goals for applications for technical assistance under the ‘‘(iv) minimizing environmental impact, in-
the program in accordance with this section. program— cluding regulated air pollutants and greenhouse
The Secretary shall submit this plan to the Com- ‘‘(I) on a competitive basis; and gas emissions;
mittee on Science, Space, and Technology of the ‘‘(II) on a periodic basis, but not less fre- ‘‘(v) improving the feasibility of microgrids or
House of Representatives and the Committee on quently than once every 12 months. island-mode operation, particularly in rural
Energy and Natural Resources of the Senate. ‘‘(ii) PRIORITIES.—In selecting eligible entities areas, including rural areas with high energy
‘‘(B) CONTENTS.—The strategic plan submitted for technical assistance for commercial applica- costs; and
under subparagraph (A) shall— tions, the Secretary shall give priority to eligible ‘‘(vi) maximizing local job creation.
‘‘(i) identify programs at the Department re- entities with projects that have the greatest po- ‘‘(E) RULES AND PROCEDURES.—
lated to energy storage systems that support the tential for— ‘‘(i) RULES.—Not later than 180 days after the
research and development activities described in ‘‘(I) strengthening the reliability and resil- date of enactment of this Act, the Secretary
paragraph (4), and the demonstration projects ience of the electric grid to the impact of extreme shall, by rule, establish procedures for carrying
under subsection (m); and weather events, power grid failures, and inter- out the program.
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‘‘(ii) include timelines for the accomplishment ruptions in supply of electricity; ‘‘(ii) GRANTS.—Not later than 120 days after
of goals developed under the plan. ‘‘(II) reducing the cost of energy storage sys- the date on which the Secretary establishes pro-
‘‘(C) UPDATES TO PLAN.—Not less frequently tems; or cedures for the program under subparagraph
than once every 3 years, the Secretary shall sub- ‘‘(III) facilitating the use of net zero emission (A), the Secretary shall issue grants under this
mit to the Committee on Science, Space, and energy resources. subsection.
Technology of the House of Representatives and ‘‘(8) PROGRAM DEFINED.—In this subsection ‘‘(F) REPORTS.—The Secretary shall submit to
the Committee on Energy and Natural Resources (except in paragraph (9)), the term ‘program’ Congress and make available to the public—
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H4820 CONGRESSIONAL RECORD — HOUSE September 23, 2020
‘‘(i) not less frequently than once every 2 ‘‘(4) RESTRICTION ON USE OF FUNDS.—Any eli- within an energy storage system through phys-
years, a report describing the performance of the gible entity that receives a grant under para- ical or chemical means and reuse of those sepa-
program under this subsection, including a syn- graph (1) may only use the grant to fund pro- rated critical minerals in other technologies.
thesis and analysis of any information the Sec- grams relating to the demonstration of energy ‘‘(2) ESTABLISHMENT.—Not later than 180 days
retary requires grant recipients to provide to the storage systems connected to the electric grid, or after the date of enactment of this subsection,
Secretary as a condition of receiving a grant; that provides bi-directional energy storage capa- the Secretary shall establish a research, devel-
and ble of providing back-up energy in the event of opment, and demonstration program of recycling
‘‘(ii) on termination of the program under this grid outages, including energy storage systems of energy storage systems containing critical
subsection, an assessment of the success of, and sited behind a customer revenue meter. minerals.
education provided by, the measures carried out ‘‘(5) COST SHARING.—In carrying out this sec- ‘‘(3) RESEARCH, DEVELOPMENT, AND DEM-
by eligible entities under the program. tion, the Secretary shall require cost sharing ONSTRATION.—In carrying out the program, the
‘‘(10) DEPARTMENT OF ENERGY WORKSHOPS.— under this section in accordance with section Secretary may focus research, development, and
The Secretary shall hold one or more workshops 988 of the Energy Policy Act of 2005 (42 U.S.C. demonstration activities on—
during each of calendar years 2021 and 2023 to 16352). ‘‘(A) technologies, process improvements, and
facilitate the sharing, across the Department of ‘‘(6) NO PROJECT OWNERSHIP INTEREST.—The design optimizations that facilitate and promote
Energy, the States, local and Tribal govern- United States shall hold no equity or other own- recycling, including—
ments, industry, and the academic research ership interest in an energy storage system for ‘‘(i) improvement of efficiency and rates of
community, of research developments and new which a grant is provided under paragraph (1). collection of products and scrap containing crit-
technical knowledge gained in carrying out this ‘‘(7) RULES AND PROCEDURES; AWARDING OF ical minerals from consumer, industrial, and
subsection.’’. GRANTS.— other waste streams;
(b) ENERGY STORAGE DEMONSTRATION PRO- ‘‘(A) RULES AND PROCEDURES.—Not later than ‘‘(ii) separation and sorting of component ma-
GRAM.—The United States Energy Storage Com- 180 days after the date of enactment of this sub- terials in energy storage systems containing crit-
petitiveness Act of 2007 (42 U.S.C. 17231), as section, the Secretary shall adopt rules and pro- ical minerals, including improving the
amended, is further amended by inserting after cedures for carrying out the grant program recyclability of such energy storage systems;
subsection (l), as added by subsection (a), the under subsection (m). ‘‘(iii) safe storage of energy storage systems,
following: ‘‘(B) AWARDING OF GRANTS.—Not later than 1 including reducing fire risk;
‘‘(m) ENERGY STORAGE DEMONSTRATION PRO- year after the date on which the rules and pro- ‘‘(iv) safe transportation of energy storage
GRAM.— cedures under paragraph (A) are established, systems and components; and
‘‘(1) ESTABLISHMENT.—The Secretary shall es- the Secretary shall award the initial grants pro- ‘‘(v) development of technologies to advance
tablish a competitive grant program for the dem- vided under this section. energy storage recycling facility infrastructure,
onstration of energy storage systems, as identi- ‘‘(8) REPORTS.—The Secretary shall submit to including integrated recycling facilities that can
fied by the Secretary, that use either— Congress and make publicly available— process multiple materials;
‘‘(A) a single system; or ‘‘(A) not less frequently than once every 2 ‘‘(B) research and development of technologies
‘‘(B) aggregations of multiple systems. years for the duration of the grant program that mitigate emissions and environmental im-
‘‘(2) SELECTION REQUIREMENTS.—In selecting under subsection (m), a report describing the pacts that arise from recycling, including dis-
eligible entities to receive a grant under this sec- performance of the grant program, including a posal of toxic reagents and byproducts related
tion, the Secretary shall, to the maximum extent synthesis and analysis of any information the to recycling processes;
practicable— Secretary requires grant recipients to provide to ‘‘(C) research and development of technologies
‘‘(A) ensure regional diversity among eligible the Secretary as a condition of receiving a to enable recycling of critical materials from
entities that receive the grants, including par- grant; and batteries in electric vehicles;
ticipation by rural States and small States; ‘‘(B) on termination of the grant program ‘‘(D) research on and analysis of non-tech-
‘‘(B) ensure that specific projects selected for under subsection (m), an assessment of the suc- nical barriers to improving the transportation of
grants— cess of, and education provided by, the meas- energy storage systems containing critical min-
‘‘(i) expand on the existing technology dem- ures carried out by grant recipients under the erals; and
onstration programs of the Department of En- ‘‘(E) research on technologies and methods to
grant program.
ergy; and ‘‘(9) PROGRAM DEFINED.—In this subsection, enable the safe disposal of energy storage sys-
‘‘(ii) are designed to achieve one or more of the term ‘program’ means the demonstration tems containing critical minerals, including
the objectives described in paragraph (3); program established under paragraph (1).’’. waste materials and components recovered dur-
‘‘(C) give consideration to proposals from eli- (c) AUTHORIZATION OF APPROPRIATIONS.—The ing the recycling process.
gible entities for securing energy storage United States Energy Storage Competitiveness ‘‘(4) REPORT TO CONGRESS.—Not later than 2
through competitive procurement or contract for Act of 2007 (42 U.S.C. 17231) is amended, in sub- years after the date of enactment of this sub-
service; and section (t) (as redesignated by subsection section, and every 3 years thereafter, the Sec-
‘‘(D) prioritize projects that leverage matching (a)(1))— retary shall submit to the Committee on Science,
funds from non-Federal sources. (1) in paragraph (5), by striking ‘‘and’’ at the Space, and Technology of the House of Rep-
‘‘(3) OBJECTIVES.—Each demonstration project end; resentatives and the Committee on Energy and
selected for a grant under paragraph (1) shall (2) in paragraph (6), by striking the period at Natural Resources of the Senate a report sum-
include one or more of the following objectives: the end and inserting ‘‘;’’; and marizing the activities, findings, and progress of
‘‘(A) To improve the security of critical infra- (3) by adding at the end the following: the program.
structure and emergency response systems. ‘‘(7) the research and development program ‘‘(o) DEFINITIONS.—For purposes of sub-
‘‘(B) To improve the reliability of the trans- for energy storage systems under subsection (l)— sections (l), (m), and (n), the following defini-
mission and distribution system, particularly in ‘‘(A) $65,100,000 for fiscal year 2021; tions apply:
rural areas, including high energy cost rural ‘‘(B) $68,355,000 for fiscal year 2022; ‘‘(1) ENERGY STORAGE SYSTEM.—The term ‘en-
areas. ‘‘(C) $71,773,000 for fiscal year 2023; ergy storage system’ means equipment or facili-
‘‘(C) To optimize transmission or distribution ‘‘(D) $75,362,000 for fiscal year 2024; and ties relating to the electric grid that are capable
system operation and power quality to defer or ‘‘(E) $79,130,000 for fiscal year 2025; and of absorbing and converting energy, as applica-
avoid costs of replacing or upgrading electric ‘‘(8) the demonstration program for energy ble, storing the energy for a period of time, and
grid infrastructure, including transformers and storage systems under subsection (m), $50,000,000 dispatching the energy, and that—
substations. for each of fiscal years 2021 through 2025.’’. ‘‘(A) use mechanical, electrochemical, bio-
‘‘(D) To supply energy at peak periods of de- SEC. 5302. CRITICAL MINERAL RECYCLING AND chemical, or thermal processes, to convert and
mand on the electric grid or during periods of REUSE RESEARCH, DEVELOPMENT, store energy that was generated at an earlier
significant variation of electric grid supply or AND DEMONSTRATION PROGRAM. time for use at a later time;
demand. The United States Energy Storage Competi- ‘‘(B) use mechanical, electrochemical, bio-
‘‘(E) To reduce peak loads of homes and busi- tiveness Act of 2007 (42 U.S.C. 17231) is amended chemical, or thermal processes to convert and
nesses, particularly to defer or avoid invest- by inserting after subsection (m), as added by store energy generated from mechanical proc-
ments in new electric grid capacity. section 5301(b) of this Act, the following: esses that would otherwise be wasted for deliv-
‘‘(F) To advance power conversion systems to ‘‘(n) CRITICAL MINERAL RECYCLING AND REUSE ery at a later time; or
make the systems smarter, more efficient, able to RESEARCH, DEVELOPMENT, AND DEMONSTRATION ‘‘(C) convert and store energy in an electric,
communicate with other inverters, and able to PROGRAM.— thermal, or gaseous state for direct use for heat-
control voltage. ‘‘(1) DEFINITIONS.—In this subsection: ing or cooling at a later time in a manner that
‘‘(G) To provide ancillary services for grid sta- ‘‘(A) CRITICAL MINERAL.—The term ‘critical avoids the need to use electricity or other fuel
bility and management. mineral’ means any of a class of chemical ele- sources at that later time, as is offered by grid-
‘‘(H) To integrate one or more energy re- ments that have a high risk of a supply disrup- enabled water heaters.
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sources, including renewable energy resources, tion and are critical to one or more new, energy- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
at the source or away from the source. related technologies such that a shortage of ty’ means—
‘‘(I) To increase the feasibility of microgrids or such element would significantly inhibit large- ‘‘(A) a State, territory, or possession of the
island-mode operation. scale deployment of technologies that store en- United States;
‘‘(J) To enable the use of stored energy in ergy. ‘‘(B) a State energy office (as defined in sec-
forms other than electricity to support the nat- ‘‘(B) RECYCLING.—The term ‘recycling’ means tion 124(a) of the Energy Policy Act of 2005 (42
ural gas system and other industrial processes. the separation of critical minerals embedded U.S.C. 15821(a)));
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September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4821
‘‘(C) a tribal organization (as defined in sec- ‘‘(b) MODELING RESEARCH AND DEVELOP- with advanced grid control concepts and tech-
tion 3765 of title 38, United States Code); MENT.—The Secretary shall support develop- nologies;
‘‘(D) an institution of higher education (as ment of models of emerging technologies and ‘‘(2) development of cost-effective advanced
defined in section 101 of the Higher Education systems to facilitate the secure and reliable de- operation and control concepts and tech-
Act of 1965 (20 U.S.C. 1001)); sign, planning, and operation of the electric nologies, such as adaptive islanding, dynamic
‘‘(E) an electric utility, including— grid for use by industry stakeholders. In par- line rating systems, power flow controllers, net-
‘‘(i) a rural electric cooperative; ticular, the Secretary shall support development work topology optimization, smart circuit break-
‘‘(ii) a political subdivision of a State, such as of— ers, intelligent load shedding, and fault-tolerant
a municipally owned electric utility, or any ‘‘(1) models to analyze and predict the effects control system architectures;
agency, authority, corporation, or instrumen- of adverse physical and cyber events on the ‘‘(3) development of real-time control concepts
tality of one or more State political subdivisions; electric grid; using artificial intelligence and machine learn-
and ‘‘(2) coupled models of electrical, physical, ing for improved electric grid resilience; and
‘‘(iii) an investor-owned utility; and and cyber systems; ‘‘(4) utilization of advanced data analytics in-
‘‘(F) a private energy storage company that is ‘‘(3) models of existing and emerging tech- cluding load forecasting, power flow modeling,
a small business concern (as defined in section nologies being deployed on the electric grid due equipment failure prediction, resource optimiza-
3 of the Small Business Act (15 U.S.C. 632)). to projected changes in the electric generation tion, risk analysis, and decision analysis.
‘‘(3) ISLAND MODE.—The term ‘island mode’ mix and loads, for a variety of regional charac- ‘‘(f) INTEROPERABILITY RESEARCH AND DEVEL-
means a mode in which a distributed generator teristics; and OPMENT.—The Secretary shall conduct research
or energy storage system continues to power a ‘‘(4) integrated models of the communications, and development on tools and technologies that
location in the absence of electric power from transmission, distribution, and other inter- improve the interoperability and compatibility of
the primary source. dependent systems for existing, new, and emerg- new and emerging components, technologies,
‘‘(4) MICROGRID.—The term ‘microgrid’ means ing technologies. and systems with existing electric grid infra-
an integrated energy system consisting of inter- ‘‘(c) SITUATIONAL AWARENESS RESEARCH AND structure.
connected loads and distributed energy re- DEVELOPMENT.— ‘‘(g) COMPUTING RESOURCES AND DATA CO-
sources, including generators and energy stor- ‘‘(1) IN GENERAL.—The Secretary shall support ORDINATION RESEARCH AND DEVELOPMENT.—In
age systems, within clearly defined electrical development of computational tools and tech- carrying out this section, the Secretary shall—
boundaries that— nologies to improve sensing, monitoring, and ‘‘(1) leverage existing computing resources at
‘‘(A) acts as a single controllable entity with visualization of the electric grid for real-time sit- the National Laboratories;
respect to the electric grid; uational awareness and decision support tools ‘‘(2) develop voluntary standards for data
‘‘(B) can connect to, and disconnect from, the that enable improved operation of the power taxonomies and communication protocols in co-
electric grid to operate in both grid-connected system, including utility, non-utility, and cus- ordination with public and private sector stake-
mode and island mode. tomer grid-connected assets, for use by industry holders; and
‘‘(5) NATIONAL LABORATORY.—The term ‘na- partners. ‘‘(3) comply with section 5327 of the Clean
tional laboratory’ has the meaning given the ‘‘(2) DATA USE.—In developing visualization Economy Jobs and Innovation Act.
term in section 2 of the Energy Policy Act of capabilities under this section, the Secretary ‘‘(h) INFORMATION SHARING.—None of the ac-
2005 (42 U.S.C. 15801).’’. shall develop tools for industry stakeholders to tivities authorized in this section shall require
PART 2—GRID MODERNIZATION use to analyze data collected from advanced private entities to share information or data
RESEARCH AND DEVELOPMENT measurement and monitoring technologies, in- with the Secretary.
SEC. 5321. SMART GRID REGIONAL DEMONSTRA- cluding data from phasor measurement units ‘‘(i) RESILIENCE.—In this section, the term ‘re-
TION INITIATIVE. and advanced metering units. silience’ means the ability to withstand and re-
Section 1304 of the Energy Independence and ‘‘(3) SEVERE EVENTS.—The Secretary shall duce the magnitude or duration of disruptive
Security Act of 2007 (42 U.S.C. 17384) is amend- prioritize enhancing cyber and physical situa- events, which includes the capability to antici-
ed— tional awareness of the electric grid during ad- pate, absorb, adapt to, or rapidly recover from
(1) in subsection (a), by inserting ‘‘research, verse manmade and naturally-occurring events. such an event, including from deliberate at-
development, and demonstration’’ before ‘‘pro- ‘‘(d) ARCHITECTURE.—The Secretary shall con- tacks, accidents, and naturally occurring
gram’’; duct research in collaboration with industry threats or incidents.’’.
(2) in subsection (b)— stakeholders to develop model grid architectures SEC. 5323. HYBRID ENERGY SYSTEMS.
(A) by amending paragraph (1) to read as fol- to assist with wide-area transmission and dis-
Title XIII of the Energy Independence and Se-
lows: tribution planning that incorporate expected
curity Act of 2007 (42 U.S.C. 17381 et. seq.), as
‘‘(1) IN GENERAL.—The Secretary shall estab- changes to the modern electric grid. In sup-
amended, is amended by adding at the end the
lish a smart grid regional demonstration initia- porting the development of model grid architec-
following:
tive (referred to in this subsection as the ‘Initia- tures, the Secretary shall—
‘‘(1) analyze a variety of grid architecture sce- ‘‘SEC. 1310. HYBRID ENERGY SYSTEMS.
tive’) composed of demonstration projects fo-
cused on cost-effective, advanced technologies narios that range from minor upgrades to exist- ‘‘(a) IN GENERAL.—Not later than 180 days
for use in power grid sensing, communications, ing transmission grid infrastructure to scenarios after the enactment of this section, the Sec-
analysis, power flow control, visualization, dis- that involve the replacement of significant por- retary shall establish a research, development,
tribution automation, industrial control sys- tions of existing transmission grid infrastruc- and demonstration program to develop cost-ef-
tems, dynamic line rating systems, grid redesign, ture; fective hybrid energy systems, including—
and the integration of distributed energy re- ‘‘(2) analyze the effects of the increasing pro- ‘‘(1) development of computer modeling to de-
sources.’’; and liferation of renewable and other zero emissions sign different configurations of hybrid energy
(B) in paragraph (2)— energy generation sources, increasing use of dis- systems and to optimize system operation;
(i) in subparagraph (D), by striking ‘‘and’’ at tributed resources owned by non-utility entities, ‘‘(2) research on system integration needed to
the end; and the use of digital and automated controls plan, design, build, and operate hybrid energy
(ii) in subparagraph (E), by striking the pe- not managed by grid operators; systems, including interconnection requirements
riod and inserting ‘‘; and’’; and ‘‘(3) include a variety of new and emerging with the electric grid;
(iii) by inserting at the end the following: distribution grid technologies, including distrib- ‘‘(3) development of hybrid energy systems for
‘‘(F) to encourage the commercial application uted energy resources, electric vehicle charging various applications, including—
of advanced distribution automation tech- stations, distribution automation technologies, ‘‘(A) thermal energy generation and storage
nologies that exert intelligent control over elec- energy storage, and renewable energy sources; for buildings and manufacturing;
trical grid functions at the distribution level to ‘‘(4) analyze the effects of local load bal- ‘‘(B) electricity storage coupled with energy
improve system resilience.’’. ancing and other forms of decentralized control; generation;
SEC. 5322. SMART GRID MODELING, VISUALIZA- ‘‘(5) analyze the effects of changes to grid ar- ‘‘(C) desalination;
TION, ARCHITECTURE, AND CON- chitectures resulting from modernizing electric ‘‘(D) production of liquid and gaseous fuels;
TROLS. grid systems, including communications, con- and
Title XIII of the Energy Independence and Se- trols, markets, consumer choice, emergency re- ‘‘(E) production of chemicals such as ammo-
curity Act of 2007 (42 U.S.C. 17381 et seq.) is sponse, electrification, and cybersecurity con- nia and ethylene;
amended by inserting after section 1304 the fol- cerns; and ‘‘(4) development of testing facilities for hy-
lowing: ‘‘(6) develop integrated grid architectures that brid energy systems; and
‘‘SEC. 1304a. SMART GRID MODELING, VISUALIZA- incorporate system resilience for cyber, physical, ‘‘(5) research on incorporation of various
TION, ARCHITECTURE, AND CON- and communications systems. technologies for hybrid energy systems, includ-
TROLS. ‘‘(e) OPERATION AND CONTROLS RESEARCH AND ing nuclear energy, renewable energy, storage,
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‘‘(a) IN GENERAL.—Not later than 180 days DEVELOPMENT.—The Secretary shall conduct re- and carbon capture, utilization, and sequestra-
after the enactment of this section, the Sec- search to develop improvements to the operation tion technologies.
retary shall establish a program of research, de- and controls of the electric grid, in coordination ‘‘(b) STRATEGIC PLAN.—
velopment, demonstration, and commercial ap- with industry partners. Such activities shall in- ‘‘(1) IN GENERAL.—Not later than 1 year after
plication on electric grid modeling, sensing, vis- clude— the date of the enactment of this section, the
ualization, architecture development, and ad- ‘‘(1) a training facility or facilities to allow Secretary shall submit to the Committee on
vanced operation and controls. grid operators to gain operational experience Science, Space, and Technology of the House of
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H4822 CONGRESSIONAL RECORD — HOUSE September 23, 2020
Representatives and the Committee on Energy ‘‘(1) forecasting for predicting generation from ing stations, in collaboration with the National
and Natural Resources of the Senate a strategic variable renewable energy sources; Institute for Standards and Technology;
plan that identifies opportunities, challenges, ‘‘(2) development of cost-effective low-loss, ‘‘(E) the cybersecurity challenges and needs
and standards needed for the development and long-distance transmission lines; and associated with electrifying the transportation
commercial application of hybrid energy sys- ‘‘(3) development of cost-effective advanced sector; and
tems. The strategic plan shall include— technologies for variable renewable generation ‘‘(F) an assessment of the feasibility of adopt-
‘‘(A) analysis of the potential benefits of de- sources to provide grid services. ing technologies developed under the program
velopment of hybrid electric systems on the elec- ‘‘(b) COORDINATION.—In carrying out this pro- established under subsection (a) at Department
tric grid; gram, the Secretary shall— facilities.
‘‘(B) analysis of the potential contributions of ‘‘(1) coordinate across all relevant program of- ‘‘(2) RECOMMENDATIONS.—As part of the Vehi-
hybrid energy systems to different grid architec- fices at the Department to achieve the goals es- cles-to-Grid Integration Assessment Report, the
ture scenarios; tablished in this section, including the Office of Secretary shall develop a 10-year roadmap to
‘‘(C) research and development goals for var- Electricity; and guide the research, development, and dem-
ious hybrid energy systems, including those ‘‘(2) comply with section 5326 of the Clean onstration program to integrate electric vehicles
identified in subsection (a); Economy Jobs and Innovation Act. onto the electric grid.
‘‘(D) assessment of policy and market barriers ‘‘(c) ADOPTION OF TECHNOLOGIES.—In car- ‘‘(3) CONSULTATION.—In developing this re-
to the adoption of hybrid energy systems; rying out this section, the Secretary shall con- port, the Secretary shall consult with relevant
‘‘(E) analysis of the technical and economic sider barriers to adoption and commercial appli- stakeholders, including—
feasibility of adoption of different hybrid energy cation of technologies that enable integration of ‘‘(A) electric vehicle manufacturers;
systems; and renewable energy sources onto the electric grid, ‘‘(B) electric utilities;
‘‘(F) a 10-year roadmap to guide the program including cost and other economic barriers, and ‘‘(C) public utility commissions;
established under subsection (a). shall coordinate with relevant entities to reduce ‘‘(D) vehicle battery manufacturers;
‘‘(2) UPDATES.—Not less than once every 3 these barriers.’’. ‘‘(E) electric vehicle supply equipment manu-
years for the duration of this research program, (c) INTEGRATING ELECTRIC VEHICLES ONTO facturers;
the Secretary shall submit an updated version of THE ELECTRIC GRID.—Subtitle B of title I of the
‘‘(F) charging infrastructure manufacturers;
the strategic plan to the Committee on Science, Energy Independence and Security Act of 2007 ‘‘(G) the National Laboratories; and
Space, and Technology of the House of Rep- (42 U.S.C. 17011 et seq.) is amended by adding at ‘‘(H) other Federal agencies, as the Secretary
resentatives and the Committee on Energy and the end the following: determines appropriate.
Natural Resources of the Senate. ‘‘SEC. 137. RESEARCH AND DEVELOPMENT INTO ‘‘(4) UPDATES.—The Secretary shall update
‘‘(c) PROGRAM IMPLEMENTATION.—In carrying INTEGRATING ELECTRIC VEHICLES
the report required under this section every 3
out the research, development, demonstration, ONTO THE ELECTRIC GRID.
years for the duration of the program under sec-
and commercial application aims of section, the ‘‘(a) IN GENERAL.—The Secretary shall estab-
tion (a) and shall submit the updated report to
Secretary shall— lish a research, development, and demonstration
the Committee on Science, Space, and Tech-
‘‘(1) implement the recommendations set forth program to advance the integration of electric
nology of the House of Representatives and the
in the strategic plan in subsection (b); vehicles, including plug-in hybrid electric vehi-
Committee on Energy and Natural Resources of
‘‘(2) coordinate across all relevant program of- cles, onto the electric grid.
the Senate.
fices at the Department, including— ‘‘(b) VEHICLES-TO-GRID INTEGRATION ASSESS-
‘‘(c) PROGRAM IMPLEMENTATION.—In carrying
‘‘(A) the Office of Energy Efficiency and Re- MENT REPORT.—Not later than 1 year after the
out the research, development, demonstration,
newable Energy; enactment of this section, the Secretary shall
‘‘(B) the Office of Nuclear Energy; and and commercial application aims of section, the
submit to the Committee on Science, Space, and
‘‘(C) the Office of Fossil Energy; Secretary shall—
Technology of the House of Representatives and
‘‘(3) leverage existing programs and resources ‘‘(1) implement the recommendations set forth
the Committee on Energy and Natural Resources
of the Department; in the report in subsection (b);
of the Senate a report on the results of a study
‘‘(4) prioritize activities that accelerate the de- ‘‘(2) coordinate across all relevant program of-
that examines the research, development, and
velopment of integrated electricity generation, fices at the Department to achieve the goals es-
demonstration opportunities, challenges, and
storage, and distribution systems with net zero tablished in this section, including the Office of
standards needed for integrating electric vehi-
greenhouse gas emissions; and Electricity; and
cles onto the electric grid.
‘‘(5) comply with section 5326 of the Clean ‘‘(3) comply with section 5326 of the Clean
‘‘(1) REPORT REQUIREMENTS.—The report shall
Economy Jobs and Innovation Act. Economy Jobs and Innovation Act.
include—
‘‘(d) HYBRID ENERGY SYSTEM DEFINED.—The ‘‘(d) TESTING CAPABILITIES.—The Secretary
‘‘(A) an evaluation of the use of electric vehi-
term ‘hybrid energy system’ means a system shall coordinate with the National Laboratories
cles to maintain the reliability of the electric
composed of 2 or more co-located or jointly oper- to develop testing capabilities for the evalua-
grid, including—
ated sub-systems of energy generation, energy tion, rapid prototyping, and optimization of
‘‘(i) the use of electric vehicles for demand re-
storage, or other energy technologies.’’. technologies enabling integration of electric ve-
sponse, load shaping, emergency power, and fre-
SEC. 5324. GRID INTEGRATION RESEARCH AND hicles onto the electric grid.’’.
quency regulation; and
DEVELOPMENT. ‘‘(ii) the potential for the reuse of spent elec- (d) RESEARCH AND DEVELOPMENT ON INTE-
(a) INTEGRATING DISTRIBUTED ENERGY RE- GRATING BUILDINGS ONTO THE ELECTRIC GRID.—
tric vehicle batteries for stationary grid storage;
SOURCES ONTO THE ELECTRIC GRID.—Section ‘‘(B) the impact of grid integration on electric Subtitle B of title IV of the Energy Independ-
925(a) of the Energy Policy Act of 2005 (42 vehicles, including— ence and Security Act of 2007 (42 U.S.C. 17081 et
U.S.C. 16215) is amended— ‘‘(i) the impact of bi-directional electricity seq.) is amended by adding at the end the fol-
(1) by redesignating paragraphs (10) and (11) flow on battery degradation; and lowing:
as paragraphs (12) and (13), respectively; and ‘‘(ii) the implications of the use of electric ve- ‘‘SEC. 426. ADVANCED INTEGRATION OF BUILD-
(2) by inserting after paragraph (9) the fol- hicles for grid services on original equipment INGS ONTO THE ELECTRIC GRID.
lowing: manufacturer warranties; ‘‘(a) BUILDINGS-TO-GRID INTEGRATION RE-
‘‘(10) the development of cost-effective tech- ‘‘(C) the impacts to the electric grid of in- PORT.—Not later than 1 year after the enact-
nologies that enable two-way information and creased penetration of electric vehicles, includ- ment of this section, the Secretary shall submit
power flow between distributed energy resources ing— to the Committee on Science, Space, and Tech-
and the electric grid; ‘‘(i) the distribution grid infrastructure need- nology of the House of Representatives and the
‘‘(11) the development of technologies and ed to support an increase in charging capacity; Committee on Energy and Natural Resources of
concepts that enable interoperability between ‘‘(ii) strategies for integrating electric vehicles the Senate a report on the results of a study
distributed energy resources and other behind- onto the distribution grid while limiting infra- that examines the research, development, and
the-meter devices and the electric grid;’’. structure upgrades; demonstration opportunities, challenges, and
(b) INTEGRATING RENEWABLE ENERGY ONTO ‘‘(iii) the changes in electricity demand over a standards needed to enable components of com-
THE ELECTRIC GRID.—Subtitle C of title IX of 24-hour cycle due to electric vehicle charging be- mercial and residential buildings to serve as dy-
the Energy Policy Act of 2005 (42 U.S.C. 16231 et havior; namic energy loads on and resources for the
seq.) is amended by adding at the end the fol- ‘‘(iv) the load increases expected from electri- electric grid.
lowing: fying the transportation sector; ‘‘(1) REPORT REQUIREMENTS.—The report shall
‘‘SEC. 936. RESEARCH AND DEVELOPMENT INTO ‘‘(v) the potential for customer incentives and include—
INTEGRATING RENEWABLE ENERGY other managed charging stations strategies to ‘‘(A) an assessment of the technologies needed
ONTO THE ELECTRIC GRID. shift charging off-peak; to enable building components as dynamic loads
‘‘(a) IN GENERAL.—Not later than 180 days ‘‘(vi) the technology needed to achieve bi-di- on and resources for the electric grid, including
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after the enactment of this section, the Sec- rectional power flow on the distribution grid; how such technologies can be—
retary shall establish a research, development, and ‘‘(i) incorporated into new commercial and
and demonstration program on technologies that ‘‘(vii) the implementation of smart charging residential buildings; and
enable integration of renewable energy genera- techniques; ‘‘(ii) retrofitted in older buildings;
tion sources onto the electric grid across mul- ‘‘(D) research on the standards needed to in- ‘‘(B) guidelines for the design of new build-
tiple program offices of the Department. The tegrate electric vehicles with the grid, including ings and building components to enable modern
program shall include— communications systems, protocols, and charg- grid interactivity and improve energy efficiency;
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