S.Amdt. 1954

1. Adds Subtitle B--Energy Productivity Innovation Challenge SEC. 411. SHORT TITLE at the end of the bill

   Adds a section

   In S. 1392 · Placed on Calendar Senate

   The authorization of amounts under this Act and the amendments made by this Act shall be effective for any fiscal year only to the extent and in the amount provided in advance in appropriations Acts.

   Inserted: Subtitle B--Energy Productivity Innovation Challenge SEC. 411. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Energy Productivity Innovation Challenge Act of 2013" or the "EPIC Act of 2013".

   Inserted: SEC. 412. PURPOSE.

   Inserted: The purpose of this subtitle is to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030.

   Inserted: SEC. 413. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Energy productivity.--The term "energy productivity" means, in the case of a State or Indian tribe, the gross State or tribal product per British thermal unit of energy consumed in the State or tribal land of the Indian tribe, respectively.

   Inserted: (2) Indian tribe.--The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

   Inserted: (3) State.--The term "State" has the meaning given the term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202).

   Inserted: SEC. 414. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES.

   Inserted: (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue an invitation to States to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section.

   Inserted: (b) Grants.--

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   Inserted: (1) In general.--Subject to section 417, the Secretary shall use funds made available under section 418(b)(1) to provide an initial allocation of grants to not more than 25 States.

   Inserted: (2) Amount.--The amount of a grant provided to a State under this section shall be not less than $500,000 nor more than $1,750,000.

   Inserted: (c) Submission of Plans.--To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a State (in consultation with energy utilities, regulatory bodies, and others) shall submit to the Secretary an application to receive the grant by submitting a revised State energy conservation plan under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322).

   Inserted: (d) Decision by Secretary.--

   Inserted: (1) Basis.--The Secretary shall base the decision of the Secretary on an application submitted under this section on--

   Inserted: (A) plans for improvement in electric and thermal energy productivity consistent with this subtitle; and

   Inserted: (B) other factors determined appropriate by the Secretary, including geographic diversity.

   Inserted: (2) Ranking.--The Secretary shall--

   Inserted: (A) rank revised plans submitted under this section in order of the greatest to least likely contribution to improving energy productivity in the State; and

   Inserted: (B) provide grants under this section in accordance with the ranking and the scale and scope of a plan.

   Inserted: (e) Plan Requirements.--A plan submitted under subsection (c) shall provide--

   Inserted: (1) a description of the manner in which--

   Inserted: (A) energy savings will be monitored and verified and energy productivity improvements will be calculated using inflation-adjusted dollars;

   Inserted: (B) a statewide baseline of energy use and potential resources for calendar year 2010 will be established to measure improvements;

   Inserted: (C) the plan will promote achievement of energy savings and demand reduction goals;

   Inserted: (D) public and private sector investments in energy efficiency will be leveraged with available Federal funding; and

   Inserted: (E) the plan will not cause cost-shifting among utility customer classes or negatively impact low-income populations; and

   Inserted: (2) an assurance that--

   Inserted: (A) the State energy office required to submit the plan, the energy utilities in the State participating in the plan, and the State public service commission are cooperating and coordinating programs and activities under this subtitle;

   Inserted: (B) the State is cooperating with local units of government, Indian tribes, and energy utilities to expand programs as appropriate; and

   Inserted: (C) grants provided under this subtitle will be used to supplement and not supplant Federal, State, or ratepayer-funded programs or activities in existence on the date of enactment of this subtitle.

   Inserted: (f) Uses.--A State may use grants provided under this section to promote--

   Inserted: (1) the expansion of policies and programs that will advance industrial energy efficiency, waste heat recovery, combined heat and power, and waste heat-to-power utilization;

   Inserted: (2) the expansion of policies and programs that will advance energy efficiency construction and retrofits for public and private commercial buildings (including schools, hospitals, and residential buildings, including multifamily buildings) such as through expanded energy service performance contracts, equivalent utility energy service contracts, zero net-energy buildings, and improved building energy efficiency codes;

   Inserted: (3) the establishment or expansion of incentives in the electric utility sector to enhance demand response and energy efficiency, including consideration of additional incentives to promote the purposes of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), such as appropriate, cost-effective policies regarding rate structures, grid improvements, behavior change, combined heat and power and waste heat-to-power incentives, financing of energy efficiency programs, data use incentives, district heating, and regular energy audits; and

   Inserted: (4) leadership by example, in which State activities involving both facilities and vehicle fleets can be a model for other action to promote energy efficiency and can be expanded with Federal grants provided under this subtitle.

   Inserted: SEC. 415. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES.

   Inserted: (a) Reports.--Not later than 18 months after the receipt of grants under section 414, each State (in consultation with other parties described in subsection (b)(3)(F) that received grants under section 414 may submit to the Secretary a report that describes--

   Inserted: (1) the performance of the programs and activities carried out with the grants; and

   Inserted: (2) in consultation with other parties described in subsection (b)(3)(F), the manner in which additional funds would be used to carry out programs and activities to promote the purposes of this subtitle.

   Inserted: (b) Grants.--

   Inserted: (1) In general.--Not later than 180 days after the date of the receipt of the reports required under subsection (a), subject to section 417, the Secretary shall use amounts made available under section 418(b)(2) to provide grants to not more than 6 States to carry out the programs and activities described in subsection (a)(2).

   Inserted: (2) Amount.--The amount of a grant provided to a State under this section shall be not more than $15,000,000.

   Inserted: (3) Basis.--The Secretary shall base the decision of the Secretary to provide grants under this section on--

   Inserted: (A) the performance of the State in the programs and activities carried out with grants provided under section 414;

   Inserted: (B) the potential of the programs and activities described in subsection (a)(2) to achieve the purposes of this subtitle;

   Inserted: (C) the desirability of maintaining a total project portfolio that is geographically and functionally diverse;

   Inserted: (D) the amount of non-Federal funds that are leveraged as a result of the grants to ensure that Federal dollars are leveraged effectively;

   Inserted: (E) plans for continuation of the improvements after the receipt of grants under this subtitle; and

   Inserted: (F) demonstrated effort by the State to involve diverse groups, including--

   Inserted: (i) investor-owned, cooperative, and public power utilities;

   Inserted: (ii) local governments; and

   Inserted: (iii) nonprofit organizations.

   Inserted: SEC. 416. ALLOCATION OF GRANTS TO INDIAN TRIBES.

   Inserted: (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall invite Indian tribes to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section.

   Inserted: (b) Submission of Plans.--To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), an Indian tribe shall submit to the Secretary a plan to increase electric and thermal energy productivity by the Indian tribe.

   Inserted: (c) Decision by Secretary.--

   Inserted: (1) In general.--Not later than 90 days after the submission of plans under subsection (b), the Secretary shall make a final decision on the allocation of grants under this section.

   Inserted: (2) Basis.--The Secretary shall base the decision of the Secretary under paragraph (1) on--

   Inserted: (A) plans for improvement in electric and thermal energy productivity consistent with this subtitle;

   Inserted: (B) plans for continuation of the improvements after the receipt of grants under this subtitle; and

   Inserted: (C) other factors determined appropriate by the Secretary, including--

   Inserted: (i) geographic diversity; and

   Inserted: (ii) size differences among Indian tribes.

   Inserted: (3) Limitation.--An individual Indian tribe shall not receive more than 20 percent of the total amount available to carry out this section.

   Inserted: SEC. 417. ADMINISTRATION.

   Inserted: (a) Independent Evaluation.--To evaluate program performance and effectiveness under this subtitle, the Secretary shall consult with the National Research Council regarding requirements for data and evaluation for recipients of grants under this subtitle.

   Inserted: (b) Coordination With State Energy Conservation Programs.--

   Inserted: (1) In general.--Grants to States under this subtitle shall be provided through additional funding to carry out State energy conservation programs under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

   Inserted: (2) Relationship to state energy conservation programs.--

   Inserted: (A) In general.--A grant provided to a State under this subtitle shall be used to supplement (and not supplant) funds provided to the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

   Inserted: (B) Minimum funding.--A grant shall not be provided to a State for a fiscal year under this subtitle if the amount of funding provided to all State grantees under the base formula for the fiscal year under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is less than $50,000,000.

   Inserted: (c) Voluntary Participation.--The participation of a State in a challenge established under this subtitle shall be voluntary.

   Inserted: SEC. 418. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: (a) In General.--There is authorized to be appropriated to carry out this subtitle $100,000,000 for the period of fiscal years 2014 through 2017.

   Inserted: (b) Allocation.--Of the total amount of funds made available under subsection (a)--

   Inserted: (1) 30 percent shall be used to provide an initial allocation of grants to States under section 414;

   Inserted: (2) 61 percent shall be used to provide a subsequent allocation of grants to States under section 415;

   Inserted: (3) 4 percent shall be used to make grants to Indian tribes under section 416; and

   Inserted: (4) 5 percent shall be available to the Secretary for the cost of administration and technical support to carry out this subtitle.

   Inserted: SEC. 419. OFFSET.

   Inserted: Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) (as amended by section 401) is amended by striking paragraphs (5) and (6) and inserting the following:

   Inserted: "(5) $175,000,000 for fiscal year 2014;

   Inserted: "(6) $125,000,000 for fiscal year 2015;

   Inserted: "(7) $75,000,000 for each of fiscal years 2016 and 2017; and

   Inserted: "(8) $100,000,000 for fiscal year 2018.".

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