S. 137Senate111th Congress (2009-2011)In Committee

Green Energy Production Act of 2009

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

January 6, 2009

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SenateIntro Referral

Introduced in Senate

January 6, 2009

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

January 6, 2009

Floor Debate

2 members

What members said about S. 137 on the floor

2 Democrats

Sen. Mary L. LandrieuD-LA · Feb 4, 2010

Madam President, I know that under the previous arrangement, the Senator from Massachusetts will be giving his farewell remarks. I would like to speak for the next 4 minutes prior to him coming to…

Madam President, I know that under the previous arrangement, the Senator from Massachusetts will be giving his farewell remarks. I would like to speak for the next 4 minutes prior to him coming to the floor.

I spoke on the floor earlier explaining to my colleagues and providing some additional information about the fair resolution the Senate came to to help Louisiana and any other State that would have been similarly impacted through a very difficult Medicaid readjustment rate. I spoke at length this morning about that.

I want to show this chart that clearly outlines our particular and unique and disastrous situation. Since 1999, and before, the State of Louisiana--and the occupant of the chair was a Governor, so she knows-- paid approximately 30 percent of our Medicaid dollars and the Federal Government picked up about 70. We are in the lower one-third of States on a per capita basis and have been since the Civil War, and we remain that way to this day.

What happened after Katrina and Rita was, because of the great generosity not only of this body and the Congress and the former President and the current President and private sector dollars-- billions and billions of dollars poured into our State, driving our per capita income up an unprecedented 40 percent. That has never happened in the history of the Medicaid Program. The State that comes closest to a per capita increase, I believe--or several States increased by only 14 percent.

The bottom line is, if our delegation had not sought some fix, some arrangement, some workout of this problem, the people of Louisiana, who have been impacted by the largest disaster in recent memory, would have had to pay $472 million more for basically the same program. The formula was flawed.

The point I want to make in my final minute is this: I am proud to lead this effort to fix this. The effort was not a secret effort; it was a public effort--called for by the Republican Governor, Bobby Jindal, in a press conference 2 weeks before Barack Obama was sworn in as President--to talk about this issue in a public forum, not a private forum. It was not a last-minute effort; it started a year ago. It was not a special deal for me; it was a timely and fair resolution for the people of Louisiana--one which they still deserve.

The consequences of failure, in my final 15 seconds, are that the people of Louisiana, if this is not fixed--a health care issue on a health care bill--if it is not fixed, the people of Louisiana will have to either cut $472 million out of our budget this year--and that is a lot of money out of a budget, even by Washington standards--or raise taxes.

I will continue to come to the floor to speak proudly, openly, and forcefully about this issue. I thank the Senator from Massachusetts for allowing me to clarify a few points.

I ask unanimous consent to have a group of documents printed in the Record to substantiate what I have said today.

Madam President, I yield the floor.

Sen. Paul Grattan Kirk Jr.D-MA · Feb 4, 2010

Madam President, I ask unanimous consent to speak for the time I may consume.

Bill Text

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Introduced in SenateIssued January 6, 2009

111th CONGRESS

1st Session

S. 137

IN THE SENATE OF THE UNITED STATES

January 6, 2009

Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To create jobs and reduce the dependence of the United States on foreign and unsustainable energy sources by promoting the production of green energy, and for other purposes.

Short title

This Act may be cited as the Green Energy Production Act of 2009.

Purpose

The purpose of this Act to is make the United States the world leader in green energy production and manufacturing by—

(1)

promoting green technology innovation;

(2)

assisting in the transition to a green energy economy; and

(3)

increasing scientific knowledge that may reveal the basis for new or enhanced products, equipment, or processes.

Definitions

In this Act:

(1)

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)).

(2)

Environmentally protective

The term environmentally protective means, with respect to technology, technology that—

(A)

is most likely to result in the least impact to land, forests, water quantity and quality, air quality, and wildlife habitat; and

(B)

possesses the highest potential for long-term sustained production of green energy.

(3)

Green energy

(A)

In general

The term green energy has the meaning given the term renewable energy.

(B)

Inclusion

The term green energy includes energy derived from coal produced in a manner that—

(i)

sequesters carbon from carbon dioxide emissions at a minimum 85 percent capture rate on an annual basis; and

(ii)

complies with section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)).

(4)

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)).

(5)

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.

(6)

Secretary

The term Secretary means the Secretary of Energy.

(7)

Target area

The term target area means—

(A)

an area that has experienced a significant loss of manufacturing employment;

(B)

an area with a large manufacturing capacity;

(C)

an area with an unemployment rate that is higher than the national average unemployment rate; and

(D)

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)).

Green Technology Investment Corporation

(a)

Establishment

(1)

In general

There is established in the Department of Energy a corporation to be known as the Green Technology Investment Corporation.

(2)

Meetings

The Corporation shall meet at least 4 times during each fiscal year.

(3)

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.

(4)

Applicable authority

The Corporation shall be subject to—

(A)

subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act); and

(B)

all other Federal law applicable to quasi-autonomous agencies within the Department of Energy.

(5)

Administrative costs

The Secretary shall—

(A)

be responsible for paying all administrative costs of the Corporation; and

(B)

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.

(b)

Board of Directors

(1)

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—

(A)

leaders from industry, labor, academia, government, and nongovernment organizations; and

(B)

selected based on having the necessary expertise—

(i)

to build world-class applied research capability;

(ii)

to assist entrepreneurial innovators in accelerating formation and attraction of technology-based businesses;

(iii)

to create product innovation;

(iv)

to market the manufacturing competitiveness of the United States;

(v)

to create domestic jobs and skills development opportunities in emerging domestic markets; and

(vi)

to evaluate and advise on environmental sustainability and climate change.

(2)

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.

(c)

Term of service

(1)

In general

Each member of the Board of Directors shall be appointed for a term of 5 years.

(2)

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.

(d)

Responsibilities

The Corporation shall allocate funds, provide grants, and carry out programs under this Act, for all phases of technology commercialization, in accordance with this Act.

Green Technology Investment Fund

(a)

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 11.

(b)

Expenditures from Fund

(1)

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.

(2)

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.

(c)

Transfers of amounts

(1)

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.

(2)

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.

Green Redevelopment, Opportunity, and Workforce (GROW) grants

The Corporation shall establish and carry out a grant program—

(1)

to assist small and medium-sized businesses in accelerating new product development and commercialization of technology products;

(2)

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;

(3)

to create and maintain jobs within the United States;

(4)

to assist local governments in improving infrastructure for related businesses in accordance with this section;

(5)

to seek and develop innovative ways of assisting businesses and communities in achieving the goals of this Act;

(6)

to redeploy underused manufacturing capacity;

(7)

to capitalize on export opportunities;

(8)

to revitalize depressed manufacturing communities; and

(9)

to search for and develop innovative ways to design environmentally protective technologies and best practices and demonstrate commercial green energy production.

Green energy technology internship program

(a)

In general

The Corporation shall establish a green energy technology internship program under which—

(1)

students and educators at institutions of higher education in the United States are paired with businesses of all sizes in the United States; and

(2)

those businesses are encouraged—

(A)

to develop cutting-edge, high-tech skills in participating students; and

(B)

to ultimately offer full-time employment to those students after graduation.

(b)

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.

(c)

Requirements

The Corporation shall establish requirements for participation in the green energy technology internship program, including requirements relating to—

(1)

the eligibility of students, educators, and businesses to participate in the program; and

(2)

application contents and procedures.

Green energy technology apprenticeship program

(a)

In general

The Corporation shall establish a green energy technology apprenticeship program under which—

(1)

apprentices and employers in the United States are paired with businesses of all sizes in the United States; and

(2)

those businesses are encouraged—

(A)

to develop cutting-edge, high-tech skills in participating students;

(B)

to ultimately offer full-time employment to those students after completion; and

(C)

to work closely with organized labor.

(b)

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.

(c)

Requirements

The Corporation shall establish requirements for participation in the green energy technology apprenticeship program, including requirements relating to—

(1)

the eligibility of apprentices, organized labor, trades, and businesses to participate in the program;

(2)

partnerships with organized labor apprenticeship programs; and

(3)

application contents and procedures.

Criteria for provision of grants, loans, and other assistance

(a)

Eligible projects

(1)

In general

The Corporation shall provide grants, loans, and other assistance in accordance with the programs under this Act for projects that, as determined by the Corporation—

(A)

offer the best technology, research, and commercialization for the United States;

(B)

permit anticipation and action on market opportunities;

(C)

encourage industry involvement;

(D)

facilitate investment at the intersection of core competency areas;

(E)

recruit world-class talent and high-growth companies;

(F)

create economic opportunity for target areas;

(G)

engage regional partners;

(H)

emphasize accountability and metrics;

(I)

upon completion, will serve as sites and facilities primarily intended for commercial, industrial, or manufacturing use; and

(J)

advance environmental protection.

(2)

Priority

In carrying out paragraph (1), the Corporation—

(A)

shall give priority to—

(i)

renewable energy, carbon-neutral projects; and

(ii)

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

(B)

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.

(b)

Basis

A grant, loan, or other assistance provided under this Act—

(1)

shall be based on the best available technology, research, and commercialization, with a focus on diversity of green technologies; and

(2)

shall not be provided solely on a geographical basis.

(c)

Eligible applicants

The Corporation may provide a grant, loan, or other assistance under this Act to—

(1)

a political subdivision or nonprofit economic development organization;

(2)

a municipality, local government, community, or institution of higher education (including a technical educational institution); and

(3)

a private, for-profit entity, with the unanimous approval by the Board of Directors of the Corporation.

(d)

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.

(e)

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—

(1)

each grant, loan, or other award of assistance provided under this Act; and

(2)

the reason for each grant, loan, or other award.

10.

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.

11.

Authorization of appropriations

There are authorized to be appropriated to the Fund to carry out this Act, to remain available until expended—

(1)

$1,000,000,000 for fiscal year 2009;

(2)

$5,000,000,000 for fiscal year 2010; and

(3)

$10,000,000,000 for each of fiscal years 2011 through 2013.