§18742 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a grant program that the Secretary must set up within 180 days after November 15, 2021 to give money to small manufacturers in certain coal-impacted areas. Grants pay for projects that build or recycle advanced energy things (solar, wind, geothermal, fuel cells, batteries and storage, grid equipment, carbon capture, low‑carbon fuels and refining, energy-saving technologies, electric or fuel-cell vehicles and parts, and similar items) or that retool factories to cut greenhouse gas emissions. A qualifying project must be commercially realistic and located in a “covered census tract” (a tract where a coal mine closed after December 31, 1999, a coal-fired unit retired after December 31, 2009, or a tract next to one of those). An eligible entity is a manufacturing firm with less than $100,000,000 in annual sales, fewer than 500 employees at the plant site, and annual energy bills over $100,000 but under $2,500,000. “Minority-owned” means at least 51% owned by U.S. citizens who are Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native. Applicants must apply as the Secretary requires. The Secretary will favor projects that cut the most greenhouse gases, create the most domestic and local jobs (especially in low-income areas and for workers displaced from manufacturing or coal), show strong innovation and deployment, lower lifecycle costs, and finish faster; minority-owned firms get extra priority. Grants must finish projects within 3 years and unused or improperly moved funds must be returned. The Secretary may give selective technical help, must publish awardees and amounts, must review and report on the grants within 4 years after November 15, 2021, and is authorized $750,000,000 for fiscal years 2022 through 2026.

Title 42, §18742

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

(1)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 17191 of this title) 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, electric or fuel cell locomotives, electric or fuel cell maritime vessels, or electric or fuel cell planes;

(ii)technologies, components, and materials of those vehicles, locomotives, maritime vessels, or planes; and

(iii)charging or refueling infrastructure associated with those vehicles, locomotives, maritime vessels, or planes;

(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)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)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)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 individuals who are—

(A)citizens of the United States; and

(B)Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native.

(5)The term “Program” means the grant program established under subsection (b).

(6)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.

(b)Not later than 180 days after November 15, 2021, the Secretary shall establish a program to award grants to eligible entities to carry out qualifying advanced energy projects.

(c)(1)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)(A)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—

(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)In selecting eligible entities to receive grants under the Program, the Secretary shall give priority to eligible entities that are minority-owned.

(d)(1)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)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)(1)Not later than 180 days after November 15, 2021, 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)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)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)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)Not later than 4 years after November 15, 2021, 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.

(h)There is authorized to be appropriated to the Secretary to carry out the Program $750,000,000 for the period of fiscal years 2022 through 2026.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

§18742 Advanced energy manufacturing and recycling grant program

Summary

Title 42, §18742

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Construction

Citations & Metadata