Sec. 9501. Loan program office title XVII reform
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Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended— by amending subsection
(b)to read as follows: Except as provided in paragraph (2), the cost of a guarantee shall be paid by the Secretary using an appropriation made for the cost of the guarantee, subject to the availability of such an appropriation. If sufficient appropriated funds to pay the cost of a guarantee are not available, then the guarantee shall not be made unless— the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or a combination of one or more appropriations and one or more payments from the borrower under this subsection has been made that is sufficient to cover the cost of the guarantee. ; in subsection (h)— by amending paragraph
(1)to read as follows: The Secretary shall charge, and collect on or after the date of the financial close of an obligation, a fee for a guarantee in an amount that the Secretary determines is sufficient to cover applicable administrative expenses (including any costs associated with third-party consultants engaged by the Secretary). ; and by adding at the following: Notwithstanding paragraph
(1)and subject to the availability of appropriations, the Secretary may reduce the amount of a fee for a guarantee under this subsection. ; and by adding at the end the following: If the Secretary does not make a final decision on an application for a guarantee under this title by the date that is 180 days after receipt of the application by the Secretary, the applicant may request, on or after that date and not more than once every 60 days thereafter until a final decision is made, that the Secretary provide to the applicant a response described in paragraph (2). Not later than 10 days after receiving a request from an applicant under paragraph (1), the Secretary shall provide to the applicant a response that includes— a description of the current status of review of the application; a summary of any factors that are delaying a final decision on the application, a list of what items are required in order to reach a final decision, citations to authorities stating the reasons why such items are required, and a list of actions the applicant can take to expedite the process; and an estimate of when a final decision on the application will be made. In carrying out this title, the Secretary shall— provide assistance with the completion of applications for a guarantee under this title; conduct outreach, including through conferences and online programs, to disseminate information to potential applicants; and conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible projects. In carrying out this title, to the extent consistent with applicable law, the Secretary shall collaborate, coordinate, and share information with relevant offices within the Department. Not later than 2 years after the date of the enactment of this subsection and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of projects receiving guarantees under this title, including— a list of such projects, including the guarantee amount, construction status, and financing partners of each such project; the status of each such project’s loan repayment, including interest paid and future repayment projections; estimate of the greenhouse gas emissions avoided from each such project; data regarding the number of direct and indirect jobs retained, restored, or created by such projects; the number of new projects projected to receive a guarantee under this title during the next 2 years and the aggregate guarantee amount; and any other metrics the Secretary finds appropriate. . Section 1701 of the Energy Policy Act of 2005 ( 42 U.S.C. 16511 ) is amended by adding at the end the following: The terms Indian tribe , Native Corporation , and tribal energy development organization have the meaning given such terms in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). The term State has the meaning given the term in section 202 of the Energy Conservation and Production Act ( 42 U.S.C. 6802 ). The term State energy financing institution means a quasi-independent entity or an entity within a State agency or financing authority established by a State that may— provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects. The term State energy financing institution includes an entity or organization established to achieve the purposes described in clauses
(i)and
(ii)of subparagraph
(A)by an Indian tribe, Native Corporation, or tribal energy development organization. . Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is further amended— in subsection (a), by inserting , including projects receiving financial support or credit enhancements from a State energy financing institution, after for projects ; in subsection (d)(1), by inserting , including a guarantee for a project receiving financial support or credit enhancements from a State energy financing institution, after No guarantee ; and by adding at the end the following: State energy financing institutions providing financial support or credit enhancements for eligible projects may enter into partnerships with private entities, Indian tribes, Native Corporations, and tribal energy development organizations. Amounts appropriated to the Department before the date of enactment of this subsection shall not be available to be used for the cost of guarantees made to State energy financing institutions. . The Energy Policy Act of 2005 is amended by adding after section 1703 the following new section: The Secretary may make guarantees under this section only for projects that— avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued, including projects that employ— a system of technologies that combine existing technologies in an innovative manner; elements of commercial technologies in combination with new or significantly improved technologies; or new and innovative technologies developed outside the energy sector that enable modernization of existing energy infrastructure and systems. Projects from the following categories shall be eligible for a guarantee under this section: Advanced nuclear energy facilities, including manufacturing and deployment of nuclear supply components for advanced nuclear reactors. Carbon capture, utilization, and sequestration practices and technologies, including— agricultural and forestry practices that store and sequester carbon; and synthetic technologies to remove carbon from the air and oceans. Energy storage technologies for residential, industrial, transportation, and power generation applications. Technologies and systems for reducing emissions of greenhouse gases with high global warming potential, including for reducing methane leakage from natural gas transmission and distribution infrastructure. Application of technologies, including data analytics, artificial intelligence, and other software to improve the energy efficiency, operations, and management of energy infrastructure, including electric grid operations. Energy-water use efficiency in water resources infrastructure and water-using technologies. Technologies for improving the resilience or reliability of existing energy infrastructure, including technologies that incorporate energy storage and grid modernization initiatives or improve the cybersecurity of energy technologies. Technologies or processes for reducing greenhouse gas emissions from industrial applications, including iron, steel, cement, and ammonia production, hydrogen production, and generation of high-temperature heat. Categories of projects and projects described in section 1703. Notwithstanding subsection (a)(2), the Secretary may, to account for regional variation in deployment of technology, make guarantees under this section for up to 6 projects that employ the same or similar technology as another project, provided no more than 2 projects that use the same or a similar technology are located in the same region of the United States. Notwithstanding subsection (a), the Secretary may use up to 25 percent of authority provided for commitments to guarantee loans under this title for projects— that are receiving financial support or credit enhancements from a State energy financing institution; and that meet the requirements of paragraph
(1)of subsection (a), but do not meet the requirements of paragraph
(2)of subsection (a). Subsections
(d)and
(e)of section 1703 shall apply with respect to projects receiving guarantees under this section. . Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is further amended by adding at the end the following: The Secretary shall not, for a period of 10 years after the date of enactment of this subsection, enter into a loan guarantee agreement for an eligible project— under section 1703A; or that is receiving financial support or credit enhancements from a State energy financing institution. . Section 1701(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16511(3) ) is amended by inserting or section 1703A after section 1703 . The table of contents for the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1703 the following: Sec. 1703A. Other eligible projects. .
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