S.Amdt. 3224

SA 3224. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

At the end of subtitle C of title IV, add the following:

SEC. 42__. CLEAN ENERGY TECHNOLOGY INNOVATION REGIONAL
PARTNERSHIPS.

(a) Purpose.--The purpose of this section is to accelerate
the pace of innovation in clean energy technologies through
the formation of regional clean energy innovation
partnerships that are responsive to the energy resources,
customer needs, and innovation capabilities of various
regions of the country.
(b) Definition of Clean Energy Technology.--In this
section, the term ``clean energy technology'' means any
process or product, or system of products and processes,
that--
(1) can be applied at any stage of the energy cycle, from
production to consumption, the application of which will
result in the reduction of net greenhouse gas emissions; and
(2) can result in the reduction of 1 or more of--
(A) demand for water resources;
(B) waste;
(C) emissions of air pollutants other than greenhouse gas
emissions; or
(D) concentrations of contaminants in wastewater
discharges.
(c) Research and Development Program.--
(1) In general.--The Secretary shall carry out a program of
research, development, demonstration, and commercial
application of clean energy technologies through regional
clean energy innovation partnerships established under
subsection (e).
(2) Delegation authorized.--The Secretary may delegate the
responsibilities of the Secretary under this subsection, on
the condition that--
(A) sufficient high-level management oversight is
maintained; and
(B) the partnerships are implemented as a cross-cutting
initiative not subject to any single technology program.
(d) Clean Energy Innovation Regions.--
(1) Establishment.--The Secretary shall by rulemaking
establish up to 10 clean energy regions in the United States
based on the analysis and application of the criteria
described in paragraph (2).
(2) Criteria.--The criteria referred to in paragraph (1)
include--
(A)(i) geographic continuity; or
(ii) in the case of Alaska, Hawaii, and the territories and
possessions of the United States, geographic similarities;
and
(B) the presence of major energy innovation resources,
including research universities, National Laboratories (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)), and other research institutions.
(3) States.--The Secretary shall place a State in only 1
region under this subsection.
(e) Clean Energy Innovation Regional Partnerships.--
(1) Establishment.--The Secretary may, through an open,
competitive process, select for designation as a clean energy
innovation regional partnership not more than 1 eligible
partnership, consisting of 2 or more eligible entities, for
each region established under subsection (d).
(2) Eligibility.--Entities eligible to be part of a
partnership include--
(A) institutions of higher education;

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(B) National Laboratories;
(C) other research institutions;
(D) units of State or local government;
(E) tribal governments;
(F) regional organizations;
(G) economic development organizations; and
(H) non-governmental entities and corporations.
(3) Requirement for partnerships.--To be eligible to be
selected as a clean energy innovation regional partnership
under paragraph (1), a partnership shall be an organization
described in section 501(c) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of that
Code.
(4) Application process.--An eligible partnership desiring
selection as a clean energy innovation regional partnership
under paragraph (1) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including, at a
minimum--
(A) a description of all entities comprising the proposed
partnership;
(B) identification of appropriate information on the
qualifications of the key management personnel of the
proposed partnership;
(C) a full description of the governance structure and
management processes of the partnership, including conflict
of interest policy;
(D) a description of the policies and procedures for
managing new intellectual property created by the
partnership;
(E) a description of how the applicant would carry out the
activities of the clean energy innovation regional
partnership, as described in this subsection; and
(F) a recommendation for the clean energy innovation
regional partnership program of the scope of work for initial
year activities and future program focus.
(5) Selection criteria.--The Secretary shall establish
criteria for the selection of clean energy innovation
regional partnerships, including--
(A) strength of the governance structure, including
representation of the regional energy economy;
(B) expertise and experience of key research management
personnel;
(C) demonstrated knowledge of regional energy markets and
technologies;
(D) capability for regional energy analysis and planning;
(E) capability to conduct assessments of innovative clean
energy technologies;
(F) commitments of co-funding from non-Federal sources;
(G) capability for attracting matching funds from both non-
Federal and non-governmental sources for follow-on investment
in widespread application of successful projects; and
(H) capability and experience in managing technology
transfer programs.
(6) Functions.--A clean energy innovation regional
partnership selected under this subsection shall be
responsible for--
(A) developing an annual clean energy regional innovation
plan;
(B) establishing open, transparent processes for soliciting
project applications consistent with the plan;
(C) selecting projects for financial assistance;
(D) awarding financial assistance, including grants, cost-
sharing, prizes, revolving funds and loans, or other forms of
credit enhancement;
(E) incentivizing collaborative research, development,
demonstration, and deployment programs within the designated
region of the partnership;
(F) facilitating the use of National Laboratory resources
and other Federal research facilities;
(G) collaborating with other funding entities to provide
financial assistance for regional clean energy innovation
projects consistent with the annual plan developed under
subparagraph (A);
(H) arranging for sharing of prototyping and production
facilities for clean energy technologies;
(I) promoting training opportunities in clean energy
technologies;
(J) providing information sharing and conducting technology
transfer activities, including assistance to clean energy
technology start-up ventures;
(K) coordinating with other regional clean energy
innovation partnerships on projects relevant to more than 1
region; and
(L) performing such other duties and providing such reports
as the Secretary may require.
(7) Limitations.--A clean energy innovation regional
partnership selected under this subsection shall not--
(A) perform in-house research, development, demonstration,
or deployment activities; or
(B) use Federal funding for the construction or
rehabilitation of buildings or facilities.
(8) Conflict of interest.--
(A) Procedures.--The Secretary shall establish procedures--
(i) to ensure that each board member, officer, or employee
of the clean energy innovation regional partnership selected
under this subsection who is in a decision making capacity to
exercise any of the functions described in paragraph (6)
shall disclose to the Secretary any financial interests in,
or financial relationships with, applicants for, or
recipients of, awards under this section, including any
financial interests in, or financial relationships with,
applicants for, or recipients of, awards under this section
of the spouse or minor child of the board member, officer, or
employee; and
(ii) to require any board member, officer, or employee with
a financial relationship or interest disclosed under clause
(i) to recuse himself or herself from any oversight functions
under paragraph (6) with respect to that applicant or
recipient.
(B) Failure to comply.--The Secretary may disqualify an
application or revoke an award under this section if a board
member, officer, or employee has failed to comply with
procedures required under subparagraph (A).
(f) Funding Agreement.--
(1) Multiyear agreement.--The Secretary may enter into a
funding agreement for up to 5 years, with options for
renewal, with each clean energy innovation regional
partnership selected under this subsection.
(2) Funding instrument.--The Secretary may fund agreements
under paragraph (1) through grants, cooperative agreements,
or other transactions under section 646 of the Department of
Energy Organization Act (42 U.S.C. 7256), as determined
appropriate by the Secretary.
(3) Funding limitations.--
(A) In general.--Each funding agreement entered into under
paragraph (1) shall be subject to the funding levels and
allocations established by the Secretary under subsection
(j).
(B) Additional limitation.--No funds shall be provided
under an agreement entered into under paragraph (1) for the
cost of--
(i) facilities occupied by the clean energy innovation
regional partnership; or
(ii) any in-house research project activities as described
in subsection (e)(7)(A).
(g) Annual Plan.--
(1) In general.--Each clean energy innovation regional
partnership shall carry out a program pursuant to an annual
plan prepared by the partnership and approved by the
Secretary.
(2) Plan content.--The annual plan shall--
(A) describe the ongoing and prospective activities of the
partnership; and
(B) meet the requirements established by the Secretary
under paragraph (3).
(3) Requirements.--The Secretary shall establish
requirements for the content of each annual plan, which shall
include--
(A) a proposed portfolio of clean energy programs and
projects, including both individual technologies and system
approaches, reflecting regional characteristics and
priorities, with priority given to clean energy technologies
that meet the most characteristics described in subsection
(e)(5);
(B) a description of the process, including a list of any
solicitations, for making awards to carry out research
development, demonstration, or commercial application
activities, including--
(i) the topics of those activities;
(ii) a description of who would be eligible to apply;
(iii) selection criteria to be used; and
(iv) the duration of awards;
(C) a description of the status of ongoing projects,
including the progress in meeting project milestones;
(D) a description of the policies and procedures for
managing the dissemination of new intellectual property
developed under the annual plan;
(E) a description of technology transfer and
commercialization activities that may follow from successful
projects; and
(F) a description of all other activities planned to carry
out the functions described subsection (e)(6).
(4) Plan development.--
(A) Solicitation recommendations.--Before drafting an
annual plan under this subsection, each clean energy
innovation regional partnership shall establish a process to
solicit specific written recommendations from stakeholders
within the region.
(B) Consultation.--Each clean energy innovation regional
partnership shall consult regularly with the Secretary in the
preparation of the annual plan.
(5) Publication.--The Secretary shall publish in the
Federal Register, and provide opportunity for comment for,
each annual plan submitted under this subsection.
(6) Plan approval.--
(A) In general.--The Secretary shall review and approve or
disapprove, in whole or in part, each annual plan submitted
under this subsection.
(B) Automatic approval.--If the Secretary does not approve
or disapprove an annual plan by the date that is 60 days
after the date of submission of the annual plan, the annual
shall be deemed approved.
(7) Plan implementation.--
(A) Awards.--On approval of the annual plan by the
Secretary, each clean energy innovation regional partnership
shall make awards to research performers to carry out
research, development, demonstration, and commercial
application activities under the program under this section.
(B) Conflict of interest.--An entity that is a member of
the clean energy innovation regional partnership may receive
an award under subparagraph (A) on the condition that the
conflict of interest procedures described in subsection
(e)(8)(A) are followed.
(C) Oversight.--The clean energy innovation regional
partnership shall oversee the implementation of awards under
this subsection, consistent with the annual plan of the clean
energy innovation regional partnership, including through--

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(i) disbursing funds; and
(ii) monitoring activities carried by the recipient of an
award for compliance with the terms and conditions of the
award.
(h) Administrative Costs.--
(1) Authorization.--The Secretary may allow each clean
energy innovation regional partnership to allocate a portion,
not to exceed 10 percent in any 1 fiscal year, of the funding
received under subsection (f), to be used to implement the
annual plan of the clean energy innovation regional
partnership.
(2) Advance.--The Secretary may advance funds to a clean
energy innovation regional partnership on or after the date
of selection of the clean energy innovation regional
partnership under subsection (e)(1), which shall be deducted
from amounts to be provided in the funding agreement entered
into under subsection (f).
(i) Audit.--The Secretary shall audit each clean energy
innovation regional partnership on a periodic basis, as
appropriate, to determine the extent to which funds provided
to each clean energy innovation regional partnership, and
funds provided under awards made under subsection (g)(7)(A)
have been expended in a manner consistent with the purposes
and requirements of this section.
(j) Funding.--
(1) Fund establishment.--There is established in the
Treasury of the United States a trust fund to be known as the
``Clean Energy Innovation Regional Partnership Fund''
(referred to in this subsection as the ``Fund'').
(2) Authorization.--The Secretary of the Treasury may
transfer to the Fund, from the General Fund of the Treasury--
(A) for fiscal 2017, $110,000,000;
(B) for fiscal 2018, $500,000,000;
(C) for fiscal 2019, $800,000,000;
(D) for fiscal 2020, $1,350,000,000; and
(E) for fiscal 2021, $1,750,000,000.
(3) Availability.--
(A) Period.--Amounts transferred to the Fund under
paragraph (2) shall remain available until expended.
(B) Obligation authority.--Amounts in the Fund shall be
available to the Secretary for obligation under this section
only in amounts provided in annual appropriations Acts.
(4) Allocation.--The Secretary shall allocate the funding
available for obligation under paragraph (3) for each fiscal
year among approved annual plans for clean energy innovation
regional partnerships based on a formula that takes into
account certain criteria that include--
(A) regional energy consumption expenditures;
(B) regional energy production levels;
(C) regional Population; and
(D) such other region-specific factors that the Secretary
may specify.
(5) Study; report.--
(A) Study.--The Secretary shall conduct a study of the
feasibility of establishing 1 or more funding sources that
can provide a dedicated, stable source of financing for clean
energy innovation regional partnership.
(B) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that contains findings and recommendations based on
the study conducted under subparagraph (A).
______