S.Amdt. 1854Senate117th Congress (2021-2023)2nd degree
S.Amdt. 1854
Sponsored by
Sen. Joe Manchin III (D-WV)
Submitted May 20, 2021
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment submitted
May 20, 2021
Text
Submitted
SA 1854. Mr. MANCHIN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows: At the end of title V of division B, add the following: SEC. 25__. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM. (a) Definitions.--In this section: (1) Advanced energy property.--The term ``advanced energy property'' means-- (A) property designed to be used to produce energy from the sun, water, wind, geothermal or hydrothermal (as those terms are defined in section 612 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17191)) resources, enhanced geothermal systems (as defined in that section), or other renewable resources; (B) fuel cells, microturbines, or energy storage systems and components; (C) electric grid modernization equipment or components; (D) property designed to capture, remove, use, or sequester carbon oxide emissions; (E) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product that is-- (i) renewable; or (ii) low-carbon and low-emission; (F) property designed to produce energy conservation technologies (including for residential, commercial, and industrial applications); (G)(i) light-, medium-, or heavy-duty electric or fuel cell vehicles; (ii) technologies, components, and materials of those vehicles; and (iii) charging or refueling infrastructure associated with those vehicles; (H)(i) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds; and (ii) technologies, components, and materials for those vehicles; and (I) other advanced energy property designed to reduce greenhouse gas emissions, as may be determined by the Secretary. (2) Covered census tract.--The term ``covered census tract'' means a census tract-- (A) in which, after December 31, 1999, a coal mine had closed; (B) in which, after December 31, 2009, a coal-fired electricity generating unit had been retired; or (C) that is immediately adjacent to a census tract described in subparagraph (A) or (B). (3) Eligible entity.--The term ``eligible entity'' means a manufacturing firm-- (A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $2,500,000. (4) Minority-owned.--The term ``minority-owned'', with respect to an eligible entity, means an eligible entity not less than 51 percent of which is owned by 1 or more Black American, Native American, Hispanic American, or Asian American individuals. (5) Program.--The term ``Program'' means the grant program established under subsection (b). (6) Qualifying advanced energy project.--The term ``qualifying advanced energy project'' means a project that-- (A)(i) re-equips, expands, or establishes a manufacturing or recycling facility for the production or recycling, as applicable, of advanced energy property; or (ii) re-equips an industrial or manufacturing facility with equipment designed to reduce the greenhouse gas emissions of that facility substantially below the greenhouse gas emissions under current best practices, as determined by the Secretary, through the installation of-- (I) low- or zero-carbon process heat systems; (II) carbon capture, transport, utilization, and storage systems; (III) technology relating to energy efficiency and reduction in waste from industrial processes; or (IV) any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary; (B) has a reasonable expectation of commercial viability, as determined by the Secretary; and (C) is located in a covered census tract. (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants to eligible entities to carry out qualifying advanced energy projects. (c) Applications.-- (1) In general.--Each eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the proposed qualifying advanced energy project to be carried out using the grant. (2) Selection criteria.-- (A) Projects.--In selecting eligible entities to receive grants under the Program, the Secretary shall, with respect to the qualifying advanced energy projects proposed by the eligible entities, give higher priority to projects that-- (i) will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases; (ii) will result in a higher level of domestic job creation (both direct and indirect) during the lifetime of the project; (iii) will result in a higher level of job creation in the vicinity of the project, particularly with respect to-- [[Page S3273]] (I) low-income communities (as described in section 45D(e) of the Internal Revenue Code of 1986); and (II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (iv) have higher potential for technological innovation and commercial deployment; (v) have a lower levelized cost of-- (I) generated or stored energy; or (II) measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain); and (vi) have a shorter project time. (B) Eligible entities.--In selecting eligible entities to receive grants under the Program, the Secretary shall give priority to eligible entities that are minority-owned. (d) Project Completion and Location; Return of Unobligated Funds.-- (1) Completion; return of unobligated funds.--An eligible entity that receives a grant under the Program shall be required-- (A) to complete the qualifying advanced energy project funded by the grant not later than 3 years after the date of receipt of the grant funds; and (B) to return to the Secretary any grant funds that remain unobligated at the end of that 3-year period. (2) Location.--If the Secretary determines that an eligible entity awarded a grant under the Program has carried out the applicable qualifying advanced energy project at a location that is materially different from the location specified in the application for the grant, the eligible entity shall be required to return the grant funds to the Secretary. (e) Technical Assistance.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall provide technical assistance on a selective basis to eligible entities that are seeking a grant under the Program to enhance the impact of the qualifying advanced energy project to be carried out using the grant with respect to the selection criteria described in subsection (c)(2)(A). (2) Applications.--An eligible entity desiring technical assistance 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. (3) Factors for consideration.--In selecting eligible entities for technical assistance under paragraph (1), the Secretary shall give higher priority to eligible entities that propose a qualifying advanced energy project that has greater potential for enhancement of the impact of the project with respect to the selection criteria described in subsection (c)(2)(A). (f) Publication of Grants.--The Secretary shall make publicly available the identity of each eligible entity awarded a grant under the Program and the amount of the grant. (g) Wage Rate Requirements.-- (1) In general.--Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on qualifying advanced energy projects funded by a grant under the Program shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (h) Report.--Not later than 4 years after the date of enactment this Act, the Secretary shall-- (1) review the grants awarded under the Program; and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing those grants. (i) Funding.--There is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $150,000,000 to carry out the Program for fiscal year 2022. ______