Sec. 3. Clean Energy Fund
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/bill/117/s/1925/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than January 1, 2023, the Secretary shall establish a fund in the Department of Energy, to be known as the Clean Energy Fund . The Secretary shall— use amounts in the Fund— to purchase covered products for use by the Secretary, including covered products relating to information technology and general supplies and services, in accordance with subsection
(g)and section 5; to establish and carry out the grant programs under subsections
(c)and (d); and to carry out the Federal building activities described in subsection (e); and transfer amounts from the Fund— to 1 or more Federal agencies (excluding the Department of Defense)— to purchase covered products for use by the Federal agency, in accordance with subsection
(g)and section 5; and to carry out the Federal building activities described in subsection (e); and to the Administrator of General Services to carry out subsection (f). Of the amounts from the Fund made available to a Federal agency in a fiscal year, the head of the Federal agency shall ensure that not less than 20 percent is used to purchase covered products from small businesses and covered small businesses. Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. The Secretary shall— share with the Oversight Advisory Board applications received under the grant program established under paragraph (1); and in coordination with the Secretary of the Treasury, select grant recipients under that program after receiving the recommendations of the Oversight Advisory Board relating to grant recipients. Of the amounts available in the Fund in a fiscal year to carry out the program under paragraph (1), the Secretary shall ensure that— not less than 60 percent but not more than 65 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products for use in urban areas located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable; not less than 40 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products for use in frontline, vulnerable, and disadvantaged communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable; and not less than 20 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products from small businesses and covered small businesses. In providing grants under paragraph (1), the Secretary shall give priority to States, Indian Tribes, and units of local government that will use the grant for the electrification of school buses in frontline, vulnerable, and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable. Funds provided under a grant under paragraph
(1)shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. In this subsection: The term eligible entity means a company that— is organized under the laws of the United States or any jurisdiction within the United States; or is otherwise subject to the jurisdiction of the United States. The term eligible entity does not include a foreign branch of a company described in clause (i). The term greenhouse gas emissions means emissions of any of the following gases: Carbon dioxide. Methane. Nitrous oxide. Hydrofluorocarbons. Perfluorocarbons. Sulfur hexafluoride. Nitrogen trifluoride. Not later than January 1, 2022, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities— to retrofit or otherwise upgrade facilities that produce covered products, including to make those facilities environmentally responsible; and for the development of environmentally responsible manufacturing capabilities to bolster the production of covered products, including by— constructing new environmentally responsible facilities in the United States for the production of covered products; and retrofitting or otherwise upgrading existing facilities in the United States— to produce covered products; and to make those facilities environmentally responsible. In providing grants under paragraph (2), the Secretary shall— share grant applications with the Oversight Advisory Board; select grant recipients after receiving the recommendations of the Oversight Advisory Board relating to grant recipients; consider— any labor, health or safety, or discrimination charges filed against the eligible entity in the preceding 2 years; any violations of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) reported to the National Labor Relations Board in the preceding 2 years; as applicable, whether wages and benefits for auto workers are not less than the industry standards for wages and benefits for auto workers who are represented by a labor organization; whether jobs created for purposes of activities supported through the grant will be permanent positions, rather than temporary or contingent positions; whether training required under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) will be provided for employees, including any safety supervisors; the policy of the eligible entity with respect to coverage of workers’ compensation; and whether the work sites that will be used for activities supported through the grant have independent health and safety monitoring policies; and prioritize applications that specify that the eligible entity— participates or will participate in a registered apprenticeship program; or prioritizes the employment of individuals trained and certified by labor organizations, or joint labor-management organizations, that promote a skilled workforce with high standards for quality and safety. An eligible entity receiving a grant under paragraph
(2)shall comply with the labor requirements under section 6 with respect to the activities carried out using, or otherwise supported by, the grant. The Secretary shall require each eligible entity to which the Secretary awards a grant under paragraph
(2)to submit to the Secretary, for each eligible material proposed to be used in the applicable project— a current facility-specific Environmental Product Declaration, Type III (as defined by the International Organization for Standardization standard 14025); or a declaration made under a similarly robust life cycle assessment method that has— uniform standards in data collection consistent with that standard; industry acceptance; and integrity. The Secretary shall require that any application for a grant under paragraph
(2)shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph
(1)of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. In carrying out this subsection, the Secretary shall strive to achieve a continuous reduction of greenhouse gas emissions over time. Of the amounts made available under subsection
(j)in a fiscal year to carry out the grant program established under paragraph (2), the Secretary shall ensure that not less than 20 percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses. Not later than January 1, 2023, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report describing— any obstacles to the implementation of the grant program established under this subsection; the effectiveness of the grant program in reducing— greenhouse gas emissions; and the global warming potential for eligible materials; and the effectiveness of the grant program in— creating and maintaining jobs in the United States that comply with the labor requirements under section 6; and protecting the rights of workers in the United States, including the right of certain workers to organize and bargain collectively. The Federal building activities referred to in subsection
(b)are, with respect to a Federal agency, activities— to construct new, modern Federal buildings of that Federal agency, including new hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, that are sustainable and resilient, including through the purchase of low-carbon materials for that construction; and to modernize, and improve the sustainability and resilience of, Federal buildings of that Federal agency, including hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, including through— the purchase of low-carbon materials for retrofitting, remodeling, or otherwise improving Federal buildings; and the purchase of clean power for Federal buildings. Using amounts from the Fund, the Administrator of General Services shall purchase zero-emission vehicles to replace the existing Federal fleet (as defined by the term fleet in section 301 of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 )) so that by the end of fiscal year 2030 the entire Federal fleet consists of zero-emission vehicles. A Federal agency, State, Indian Tribe, or unit of local government purchasing covered products pursuant to this section shall give priority to purchasing covered products that— are made from renewable and recycled resources (including biobased products); have lower lifecycle emissions than comparable products; and are designed for— reducing environmental impacts; and recycling. Chapter 83 of title 41, United States Code, shall apply with respect to purchases of covered products made pursuant to this section— by a Federal agency; and in the case of purchases by a non-Federal entity, in the same manner in which that chapter applies to the Federal Government. The Secretary shall, to the maximum extent practicable, minimize the number of exceptions and waivers granted under chapter 83 of title 41, United States Code, with respect to purchases of covered products made pursuant to this section. Not less frequently than once each fiscal year, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report that— describes the activities carried out using amounts in the Fund, including data on the clean power purchased under subsection (e)(2)(B); includes data on the covered products purchased pursuant to those activities; and includes data on compliance with subsection (h). There is authorized to be appropriated to the Fund $1,500,000,000,000 for the period of fiscal years 2022 through 2031, to remain available until January 1, 2042, of which not less than— $750,000,000,000 shall be used to carry out the grant program established under subsection (c); and $250,000,000,000 shall be used to carry out the grant program established under subsection (d).
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