Title 42, The Public Health and WelfareRelease 119-110

§18742 Advanced Energy Manufacturing and Recycling Grant Program

Title 42 › CHAPTER 162 — ENERGY INFRASTRUCTURE › SUBCHAPTER II — SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES › § 18742

Last updated Sep 22, 2026|Official source

Summary

Creates a grant program to help small manufacturers build or upgrade plants that make or recycle clean energy equipment or cut industrial greenhouse gas emissions. Key terms: "advanced energy property" covers things like solar, wind, geothermal, fuel cells, batteries, grid upgrades, carbon capture, low‑carbon fuels, efficiency tech, and electric or fuel cell vehicles and their chargers; "covered census tract" means a place where a coal mine closed after 1999, a coal power unit retired after 2009, or a tract next to one of those; "eligible entity" means a manufacturing firm with under $100,000,000 in yearly sales, fewer than 500 workers at the plant site, and energy bills more than $100,000 but less than $2,500,000; "minority‑owned" means at least 51% owned by U.S. citizens from specified minority groups; "qualifying advanced energy project" means retooling, expanding, or starting a manufacturing or recycling facility for advanced energy items, or adding industrial equipment that sharply cuts emissions, that is commercially viable and located in a covered census tract. The Secretary must set up the program within 180 days after November 15, 2021, and give grants to eligible entities that apply. Projects that cut more greenhouse gases, create more domestic and local jobs (especially in low‑income areas and for displaced coal workers), show stronger innovation or faster commercial use, cost less per unit of energy or emissions reduced, or finish sooner will get higher priority. Minority‑owned firms get extra priority. Grant money must be used within 3 years or returned, and funds must be returned if the project is done at a different location than approved. The Secretary will offer selective technical help, publish who gets grants and how much, and report to Congress within 4 years after November 15, 2021. Up to $750,000,000 is authorized for fiscal years 2022 through 2026.

Full Legal Text

Title 42, §18742

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

(a)Definitions
In this section: (1) Advanced energy property
(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 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)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.
(b)Establishment
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)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—
(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 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)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)Report
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)Authorization of appropriations
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 18742

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110