II
110th CONGRESS
2d Session
S. 2940
IN THE SENATE OF THE UNITED STATES
April 30, 2008
Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To promote green energy production, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Green Energy Production Act of
2008
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of program.
Sec. 4. Green Technology Investment Corporation.
Sec. 5. Green Technology Investment Fund.
Sec. 6. Component programs.
Sec. 7. Criteria for provision of grants, loans, and other assistance.
Sec. 8. Energy efficiency grants.
Sec. 9. Administration.
Sec. 10. Authorization of appropriations.
Definitions
In this Act:
Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
Biomass
The term biomass has the meaning given the term renewable biomass in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)).
Environmentally protective
The term environmentally protective means, with respect to technology, technology that—
is most likely to result in the least impact to land, forests, water quantity and quality, air quality, and wildlife habitat; and
possesses the highest potential for long-term sustained production of green energy.
Green energy
In general
The term green energy has the meaning given the term renewable energy.
Inclusion
The term green energy includes energy derived from coal produced in a manner that—
sequesters carbon from carbon dioxide emissions at a minimum 85 percent capture rate on an annual basis; and
complies with section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)).
Institution of higher education
The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
Renewable energy
The term renewable energy means electric energy generated at a facility (including a distributed generation facility) from solar, wind, fuel cells, biomass, geothermal, ocean energy, or landfill gas.
Secretary
The term Secretary means the Secretary of Energy.
Target area
The term target area means—
an area that has experienced a significant loss of manufacturing employment;
an area with a large manufacturing capacity;
an area with an unemployment rate that is higher than the national average unemployment rate; and
priority for an area that includes a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).
Establishment of program
The Secretary shall establish a green technology investment program to develop high-tech green research capabilities, promote green innovation and green energy investment, and increase scientific knowledge that may reveal the basis for new or enhanced products, equipment, or processes, in target areas by—
assisting in the research and development of projects that design, create, or formulate new or enhanced products, equipment, or processes;
expanding and supporting world-class research facilities;
supporting capital formation and the development of innovative products; and
financing advanced manufacturing technologies to help new and existing industries become more productive, more environmentally protective, and carbon-neutral.
Green Technology Investment Corporation
Establishment
In general
There is established in the Department of Energy a corporation to be known as the Green Technology Investment Corporation.
Meetings
The Corporation shall meet at least 4 times during each fiscal year.
Rules for Corporation business
Not later than 1 year after the date of enactment of this Act, the Corporation shall establish rules for the conduct of business of the Corporation.
Applicable authority
The Corporation shall be subject to—
subchapter II of
chapter 5, and chapter 7, of title 5, United States Code (commonly known as the
Administrative Procedure Act
); and
all other Federal law applicable to quasi-autonomous agencies within the Department of Energy.
Administrative costs
The Secretary shall—
be responsible for paying all administrative costs of the Corporation; and
in conjunction with the Board of Directors of the Corporation, take every reasonable action to reduce and minimize administrative costs of carrying out this section and the program.
Board of Directors
In general
The Board of Directors of the Corporation shall consist of 7 members, appointed by the President, by and with the advice and consent of the Senate, who are—
leaders from industry, labor, academia, government, and nongovernment organizations; and
selected based on having the necessary expertise—
to build world-class applied research capability;
to assist entrepreneurial innovators in accelerating formation and attraction of technology-based businesses;
to create product innovation;
to market the manufacturing competitiveness of the United States;
to create domestic jobs and skills development opportunities in emerging domestic markets; and
to evaluate and advise on environmental sustainability and climate change.
Chairperson
The President shall appoint, by and with the advice and consent of the Senate, 1 member of the Board of Directors to serve as Chairperson
Term of service
In general
Each member of the Board of Directors shall be appointed for a term of 5 years.
Additional terms
The President may appoint, by and with the advice and consent of the Senate, a member of the Board to serve additional terms of service.
Responsibilities
The Corporation shall allocate funds, provide grants, and carry out programs under section 6, for all phases of technology commercialization, in accordance with this Act.
Green Technology Investment Fund
Establishment
There
is established in the Treasury of the United States a fund, to be known as the
Green Technology Investment Fund
(referred to in this section as
the Fund), consisting of such amounts as are appropriated to the
Fund under section 10.
Expenditures from Fund
In general
Subject to paragraph (2), on request by the Corporation, the Secretary of the Treasury shall transfer from the Fund to the Corporation such amounts as the Corporation determines are necessary to provide grants, loans, and other assistance, and otherwise carry out programs, under this Act (other than section 8).
Administrative expenses
An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act.
Transfers of amounts
In general
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
Component programs
Green development loans
The Corporation shall establish and carry out a loan program to carry out the purposes described in section 3 (including conducting, or providing for the conduct of, scientific or technological inquiry and experimentation in the physical sciences).
Green markets program
The Corporation shall establish and carry out a grant program—
to assist entities, including entities that are not eligible for small business innovative research funding, to receive grants to commercialize green energy products; and
to assist small and medium-sized businesses with funding to acquire, renovate, or construct facilities or purchase of equipment for—
research programs;
technology development;
product development; and
commercialization programs.
Green redevelopment, opportunity, and workforce grants
The Corporation shall establish and carry out a grant program—
to assist small and medium-sized businesses in accelerating new product development and commercialization of technology products;
to assist small and medium-sized businesses in capitalizing on early-stage investment, particularly those businesses that provide evidence of a capability to meet a green marketplace need;
to create and maintain jobs within the United States;
to assist local governments in improving infrastructure for related businesses in accordance with this section;
to seek and develop innovative ways of assisting businesses and communities in achieving the goals of this Act;
to redeploy underused manufacturing capacity;
to capitalize on export opportunities;
to revitalize depressed manufacturing communities; and
to search for and develop innovative ways to design environmentally protective technologies and best practices and demonstrate commercial green energy production.
Green energy manufacturing loans
The Corporation shall establish a program to encourage financial institutions approved by the Corporation to make loans to for-profit or nonprofit small businesses that are having difficulty obtaining business loans through conventional underwriting standards.
Green energy community pilot program
In general
The Corporation shall establish a pilot program under which the Corporation shall provide grants to 5 green energy communities designated by the Corporation to assist the communities—
to establish models for green energy communities;
to reduce the traditional energy consumption of the communities by using more green energy and reducing energy consumption through innovative efficiency programs; and
to lower energy costs for consumers and local government organizations.
Eligibility
To be eligible for designation as a green energy community under this subsection, a community shall be a target area.
Duration
In general
The Corporation shall make grants to green energy communities designated under this subsection for a term of 10 years.
Renewal
Grants made to a green energy community under this subsection may be renewed for additional 10-year terms if the community continues to meet the eligibility requirements of paragraph (2).
Green energy institution of higher education pilot program
In general
The Corporation shall establish a pilot program under which the Corporation shall provide grants to 5 green energy institutions of higher education designated by the Corporation to assist the institutions of higher education—
to establish models for green energy institutions of higher education;
to reduce the traditional energy consumption of the institutions of higher education by using more green energy and reducing energy consumption through innovative efficiency programs; and
to lower energy costs for the institutions of higher education and students.
Eligibility
To be eligible for designation as a green energy institution of higher education under this subsection, an institution of higher education shall be located in a target area.
Duration
The Corporation shall make grants to green energy institutions of higher education designated under this subsection for a term of 10 years.
National Guard base green energy grant pilot program
In general
The Corporation shall establish a pilot program under which the Corporation shall provide grants to 5 States for green energy National Guard bases designated by the Corporation to assist the National Guard bases in those States—
to establish models for green energy National Guard bases;
to reduce the traditional energy consumption of the National Guard bases by using more green energy and reducing energy consumption through innovative efficiency programs; and
to lower energy costs for the National Guard and States.
Eligibility
To be eligible for designation as a green energy National Guard base under this subsection, a National Guard base shall be located in a target area.
Duration
The Corporation shall make grants to green energy National Guard bases designated under this subsection for a term of 10 years.
Green energy technology internship program
In general
The Corporation shall establish a green energy technology internship program under which—
students and educators at colleges and universities in the United States are paired with businesses of all sizes in the United States; and
those businesses are encouraged—
to develop cutting-edge, high-tech skills in participating students; and
to ultimately offer full-time employment to those students after graduation.
Goal
The Corporation shall establish as a goal for the green energy technology internship program the reimbursement by the Corporation, of not more than the greater of 50 percent or $5,000 of the wages paid to a participating student or educator, on the condition that, in the case of a participating student, the business strives for the possibility of full-time employment of the student after graduation.
Requirements
The Corporation shall establish requirements for participation in the green energy technology internship program, including requirements relating to—
the eligibility of students, educators, and businesses to participate in the program; and
application contents and procedures.
Green energy technology apprenticeship program
In general
The Corporation shall establish a green energy technology apprenticeship program under which—
apprentices and employers in the United States are paired with businesses of all sizes in the United States; and
those businesses are encouraged—
to develop cutting-edge, high-tech skills in participating students;
to ultimately offer full-time employment to those students after completion; and
to work closely with organized labor.
Goal
As a goal for the green energy technology apprenticeship program, the Corporation shall, to the maximum extent practicable, provide reimbursement for not more than the higher of 50 percent or $5,000 of the wages paid to a participating apprentice, if the business paired with the apprentice agrees to make every effort to offer full-time employment to the apprentice on the completion of the apprenticeship.
Requirements
The Corporation shall establish requirements for participation in the green energy technology apprenticeship program, including requirements relating to—
the eligibility of apprentices, organized labor, trades, and businesses to participate in the program;
partnerships with organized labor apprenticeship programs; and
application contents and procedures.
Criteria for provision of grants, loans, and other assistance
Eligible projects
In general
The Corporation shall provide grants, loans, and other assistance in accordance with the programs under section 6 for projects that, as determined by the Corporation—
offer the best technology, research, and commercialization for the United States;
permit anticipation and action on market opportunities;
encourage industry involvement;
facilitate investment at the intersection of core competency areas;
recruit world-class talent and high-growth companies;
create economic opportunity for target areas;
engage regional partners;
emphasize accountability and metrics;
upon completion, will serve as sites and facilities primarily intended for commercial, industrial, or manufacturing use; and
advance environmental protection.
Priority
In carrying out paragraph (1), the Corporation—
shall give priority to—
renewable energy, carbon-neutral projects; and
projects that advance environmentally protective goals, with a particular emphasis on best practices and innovative technology that reduce negative impacts on a commercial scale; and
may consider and give priority to the potential of a project to develop or improve innovative, cutting-edge technology for green energy projects that are carbon neutral.
Basis
A grant, loan, or other assistance provided under this Act—
shall be based on the best available technology, research, and commercialization, with a focus on diversity of green technologies; and
shall not be provided solely on a geographical basis.
Eligible applicants
The Corporation may provide a grant, loan, or other assistance under this Act to—
a political subdivision or nonprofit economic development organization;
a municipality, local government, community, or institution of higher education (including a technical educational institution); and
a private, for-profit entity, with the unanimous approval by the Board of Directors of the Corporation.
Funds allocated
The Corporation shall determine the maximum and minimum amount provided for each program and program recipient under this Act in order to maximize the purposes of this Act.
Report
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Corporation shall submit to Congress a report that describes all activities of the Corporation carried out using funds made available under this Act, including, for the year covered by the report, a description of—
each grant, loan, or other award of assistance provided under this Act; and
the reason for each grant, loan, or other award.
Energy efficiency grants
In general
The Secretary shall establish an energy efficiency grant program under which the Secretary shall provide grants to eligible recipients, on a dollar-for-dollar matching basis, for implementing conservation programs that are designed to reduce consumer energy use to the maximum extent practicable.
Eligible recipients
Recipients that are eligible to receive grants under this section include—
energy producers;
municipal power organizations; and
rural electric cooperatives.
Priority
In making grants under this section, the Secretary shall give priority to programs that are designed to reduce consumer end-use of energy over programs that are designed to reduce the consumer use of energy.
Reduction in energy uses
In making grants under this section, the Secretary shall allocate grants, and provide minimum and maximum award criteria for the grants, in a manner that maximizes the reduction in energy use.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2009 through 2013.
Administration
Notwithstanding any other provision of this Act, none of the funds made available to carry out this Act may be used to carry out any project, activity, or expense that is not located within the United States.
Authorization of appropriations
There are authorized to be appropriated to the Fund to carry out this Act (other than section 8), to remain available until expended—
$1,000,000,000 for fiscal year 2009;
$5,000,000,000 for fiscal year 2010; and
$10,000,000,000 for each of fiscal years 2011 through 2013.