S 2940 ISCommentsClose CommentsPermalink

To promote green energy production, and for other purposes.CommentsClose CommentsPermalink

April 30, 2008

Mr. BROWN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To promote green energy production, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Green Energy Production Act of 2008'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Establishment of program.CommentsClose CommentsPermalink





Sec. 4. Green Technology Investment Corporation.CommentsClose CommentsPermalink





Sec. 5. Green Technology Investment Fund.CommentsClose CommentsPermalink





Sec. 6. Component programs.CommentsClose CommentsPermalink





Sec. 7. Criteria for provision of grants, loans, and other assistance.CommentsClose CommentsPermalink





Sec. 8. Energy efficiency grants.CommentsClose CommentsPermalink





Sec. 9. Administration.CommentsClose CommentsPermalink





Sec. 10. Authorization of appropriations.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(2) 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)).CommentsClose CommentsPermalink





(3) ENVIRONMENTALLY PROTECTIVE- The term `environmentally protective' means, with respect to technology, technology that--CommentsClose CommentsPermalink





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





(B) possesses the highest potential for long-term sustained production of green energy.CommentsClose CommentsPermalink





(4) GREEN ENERGY-CommentsClose CommentsPermalink





(A) IN GENERAL- The term `green energy' has the meaning given the term `renewable energy'.CommentsClose CommentsPermalink





(B) INCLUSION- The term `green energy' includes energy derived from coal produced in a manner that--CommentsClose CommentsPermalink





(i) sequesters carbon from carbon dioxide emissions at a minimum 85 percent capture rate on an annual basis; andCommentsClose CommentsPermalink





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





(5) 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)).CommentsClose CommentsPermalink





(6) 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.CommentsClose CommentsPermalink





(7) SECRETARY- The term `Secretary' means the Secretary of Energy.CommentsClose CommentsPermalink





(8) TARGET AREA- The term `target area' means--CommentsClose CommentsPermalink





(A) an area that has experienced a significant loss of manufacturing employment;CommentsClose CommentsPermalink





(B) an area with a large manufacturing capacity;CommentsClose CommentsPermalink





(C) an area with an unemployment rate that is higher than the national average unemployment rate; andCommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink

SEC. 3. ESTABLISHMENT OF PROGRAM.

The Secretary shall establish a green technology investment program to develop high-tech green research capabilities, promote green innovation and green energy investment, and increase scientific knowledge that may reveal the basis for new or enhanced products, equipment, or processes, in target areas by--CommentsClose CommentsPermalink





(1) assisting in the research and development of projects that design, create, or formulate new or enhanced products, equipment, or processes;CommentsClose CommentsPermalink





(2) expanding and supporting world-class research facilities;CommentsClose CommentsPermalink





(3) supporting capital formation and the development of innovative products; andCommentsClose CommentsPermalink





(4) financing advanced manufacturing technologies to help new and existing industries become more productive, more environmentally protective, and carbon-neutral.CommentsClose CommentsPermalink

SEC. 4. GREEN TECHNOLOGY INVESTMENT CORPORATION.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established in the Department of Energy a corporation to be known as the `Green Technology Investment Corporation'.CommentsClose CommentsPermalink





(2) MEETINGS- The Corporation shall meet at least 4 times during each fiscal year.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) APPLICABLE AUTHORITY- The Corporation shall be subject to--CommentsClose CommentsPermalink





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





(B) all other Federal law applicable to quasi-autonomous agencies within the Department of Energy.CommentsClose CommentsPermalink





(5) ADMINISTRATIVE COSTS- The Secretary shall--CommentsClose CommentsPermalink





(A) be responsible for paying all administrative costs of the Corporation; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Board of Directors-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) leaders from industry, labor, academia, government, and nongovernment organizations; andCommentsClose CommentsPermalink





(B) selected based on having the necessary expertise--CommentsClose CommentsPermalink





(i) to build world-class applied research capability;CommentsClose CommentsPermalink





(ii) to assist entrepreneurial innovators in accelerating formation and attraction of technology-based businesses;CommentsClose CommentsPermalink





(iii) to create product innovation;CommentsClose CommentsPermalink





(iv) to market the manufacturing competitiveness of the United States;CommentsClose CommentsPermalink





(v) to create domestic jobs and skills development opportunities in emerging domestic markets; andCommentsClose CommentsPermalink





(vi) to evaluate and advise on environmental sustainability and climate change.CommentsClose CommentsPermalink





(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 ChairpersonCommentsClose CommentsPermalink





(c) Term of Service-CommentsClose CommentsPermalink





(1) IN GENERAL- Each member of the Board of Directors shall be appointed for a term of 5 years.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Responsibilities- The Corporation shall allocate funds, provide grants, and carry out programs under section 6, for all phases of technology commercialization, in accordance with this Act.CommentsClose CommentsPermalink

SEC. 5. 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 10.CommentsClose CommentsPermalink





(b) Expenditures From Fund-CommentsClose CommentsPermalink





(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 (other than section 8).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Transfers of Amounts-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 6. COMPONENT PROGRAMS.

(a) Green Development Loans- The Corporation shall establish and carry out a loan program to carry out the purposes described in section 3 (including conducting, or providing for the conduct of, scientific or technological inquiry and experimentation in the physical sciences).CommentsClose CommentsPermalink





(b) Green Markets Program- The Corporation shall establish and carry out a grant program--CommentsClose CommentsPermalink





(1) to assist entities, including entities that are not eligible for small business innovative research funding, to receive grants to commercialize green energy products; andCommentsClose CommentsPermalink





(2) to assist small and medium-sized businesses with funding to acquire, renovate, or construct facilities or purchase of equipment for--CommentsClose CommentsPermalink





(A) research programs;CommentsClose CommentsPermalink





(B) technology development;CommentsClose CommentsPermalink





(C) product development; andCommentsClose CommentsPermalink





(D) commercialization programs.CommentsClose CommentsPermalink





(c) Green Redevelopment, Opportunity, and Workforce Grants- The Corporation shall establish and carry out a grant program--CommentsClose CommentsPermalink





(1) to assist small and medium-sized businesses in accelerating new product development and commercialization of technology products;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) to create and maintain jobs within the United States;CommentsClose CommentsPermalink





(4) to assist local governments in improving infrastructure for related businesses in accordance with this section;CommentsClose CommentsPermalink





(5) to seek and develop innovative ways of assisting businesses and communities in achieving the goals of this Act;CommentsClose CommentsPermalink





(6) to redeploy underused manufacturing capacity;CommentsClose CommentsPermalink





(7) to capitalize on export opportunities;CommentsClose CommentsPermalink





(8) to revitalize depressed manufacturing communities; andCommentsClose CommentsPermalink





(9) to search for and develop innovative ways to design environmentally protective technologies and best practices and demonstrate commercial green energy production.CommentsClose CommentsPermalink





(d) Green Energy Manufacturing Loans- The Corporation shall establish a program to encourage financial institutions approved by the Corporation to make loans to for-profit or nonprofit small businesses that are having difficulty obtaining business loans through conventional underwriting standards.CommentsClose CommentsPermalink





(e) Green Energy Community Pilot Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall establish a pilot program under which the Corporation shall provide grants to 5 green energy communities designated by the Corporation to assist the communities--CommentsClose CommentsPermalink





(A) to establish models for green energy communities;CommentsClose CommentsPermalink





(B) to reduce the traditional energy consumption of the communities by using more green energy and reducing energy consumption through innovative efficiency programs; andCommentsClose CommentsPermalink





(C) to lower energy costs for consumers and local government organizations.CommentsClose CommentsPermalink





(2) ELIGIBILITY- To be eligible for designation as a green energy community under this subsection, a community shall be a target area.CommentsClose CommentsPermalink





(3) DURATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Corporation shall make grants to green energy communities designated under this subsection for a term of 10 years.CommentsClose CommentsPermalink





(B) RENEWAL- Grants made to a green energy community under this subsection may be renewed for additional 10-year terms if the community continues to meet the eligibility requirements of paragraph (2).CommentsClose CommentsPermalink





(f) Green Energy Institution of Higher Education Pilot Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall establish a pilot program under which the Corporation shall provide grants to 5 green energy institutions of higher education designated by the Corporation to assist the institutions of higher education--CommentsClose CommentsPermalink





(A) to establish models for green energy institutions of higher education;CommentsClose CommentsPermalink





(B) to reduce the traditional energy consumption of the institutions of higher education by using more green energy and reducing energy consumption through innovative efficiency programs; andCommentsClose CommentsPermalink





(C) to lower energy costs for the institutions of higher education and students.CommentsClose CommentsPermalink





(2) ELIGIBILITY- To be eligible for designation as a green energy institution of higher education under this subsection, an institution of higher education shall be located in a target area.CommentsClose CommentsPermalink





(3) DURATION- The Corporation shall make grants to green energy institutions of higher education designated under this subsection for a term of 10 years.CommentsClose CommentsPermalink





(g) National Guard Base Green Energy Grant Pilot Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall establish a pilot program under which the Corporation shall provide grants to 5 States for green energy National Guard bases designated by the Corporation to assist the National Guard bases in those States--CommentsClose CommentsPermalink





(A) to establish models for green energy National Guard bases;CommentsClose CommentsPermalink





(B) to reduce the traditional energy consumption of the National Guard bases by using more green energy and reducing energy consumption through innovative efficiency programs; andCommentsClose CommentsPermalink





(C) to lower energy costs for the National Guard and States.CommentsClose CommentsPermalink





(2) ELIGIBILITY- To be eligible for designation as a green energy National Guard base under this subsection, a National Guard base shall be located in a target area.CommentsClose CommentsPermalink





(3) DURATION- The Corporation shall make grants to green energy National Guard bases designated under this subsection for a term of 10 years.CommentsClose CommentsPermalink





(h) Green Energy Technology Internship Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall establish a green energy technology internship program under which--CommentsClose CommentsPermalink





(A) students and educators at colleges and universities in the United States are paired with businesses of all sizes in the United States; andCommentsClose CommentsPermalink





(B) those businesses are encouraged--CommentsClose CommentsPermalink





(i) to develop cutting-edge, high-tech skills in participating students; andCommentsClose CommentsPermalink





(ii) to ultimately offer full-time employment to those students after graduation.CommentsClose CommentsPermalink





(2) 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.CommentsClose CommentsPermalink





(3) REQUIREMENTS- The Corporation shall establish requirements for participation in the green energy technology internship program, including requirements relating to--CommentsClose CommentsPermalink





(A) the eligibility of students, educators, and businesses to participate in the program; andCommentsClose CommentsPermalink





(B) application contents and procedures.CommentsClose CommentsPermalink





(i) Green Energy Technology Apprenticeship Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall establish a green energy technology apprenticeship program under which--CommentsClose CommentsPermalink





(A) apprentices and employers in the United States are paired with businesses of all sizes in the United States; andCommentsClose CommentsPermalink





(B) those businesses are encouraged--CommentsClose CommentsPermalink





(i) to develop cutting-edge, high-tech skills in participating students;CommentsClose CommentsPermalink





(ii) to ultimately offer full-time employment to those students after completion; andCommentsClose CommentsPermalink





(iii) to work closely with organized labor.CommentsClose CommentsPermalink





(2) 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.CommentsClose CommentsPermalink





(3) REQUIREMENTS- The Corporation shall establish requirements for participation in the green energy technology apprenticeship program, including requirements relating to--CommentsClose CommentsPermalink





(A) the eligibility of apprentices, organized labor, trades, and businesses to participate in the program;CommentsClose CommentsPermalink





(B) partnerships with organized labor apprenticeship programs; andCommentsClose CommentsPermalink





(C) application contents and procedures.CommentsClose CommentsPermalink

SEC. 7. CRITERIA FOR PROVISION OF GRANTS, LOANS, AND OTHER ASSISTANCE.

(a) Eligible Projects-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall provide grants, loans, and other assistance in accordance with the programs under section 6 for projects that, as determined by the Corporation--CommentsClose CommentsPermalink





(A) offer the best technology, research, and commercialization for the United States;CommentsClose CommentsPermalink





(B) permit anticipation and action on market opportunities;CommentsClose CommentsPermalink





(C) encourage industry involvement;CommentsClose CommentsPermalink





(D) facilitate investment at the intersection of core competency areas;CommentsClose CommentsPermalink





(E) recruit world-class talent and high-growth companies;CommentsClose CommentsPermalink





(F) create economic opportunity for target areas;CommentsClose CommentsPermalink





(G) engage regional partners;CommentsClose CommentsPermalink





(H) emphasize accountability and metrics;CommentsClose CommentsPermalink





(I) upon completion, will serve as sites and facilities primarily intended for commercial, industrial, or manufacturing use; andCommentsClose CommentsPermalink





(J) advance environmental protection.CommentsClose CommentsPermalink





(2) PRIORITY- In carrying out paragraph (1), the Corporation--CommentsClose CommentsPermalink





(A) shall give priority to--CommentsClose CommentsPermalink





(i) renewable energy, carbon-neutral projects; andCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Basis- A grant, loan, or other assistance provided under this Act--CommentsClose CommentsPermalink





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





(2) shall not be provided solely on a geographical basis.CommentsClose CommentsPermalink





(c) Eligible Applicants- The Corporation may provide a grant, loan, or other assistance under this Act to--CommentsClose CommentsPermalink





(1) a political subdivision or nonprofit economic development organization;CommentsClose CommentsPermalink





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





(3) a private, for-profit entity, with the unanimous approval by the Board of Directors of the Corporation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) each grant, loan, or other award of assistance provided under this Act; andCommentsClose CommentsPermalink





(2) the reason for each grant, loan, or other award.CommentsClose CommentsPermalink

SEC. 8. ENERGY EFFICIENCY GRANTS.

(a) In General- The Secretary shall establish an energy efficiency grant program under which the Secretary shall provide grants to eligible recipients, on a dollar-for-dollar matching basis, for implementing conservation programs that are designed to reduce consumer energy use to the maximum extent practicable.CommentsClose CommentsPermalink





(b) Eligible Recipients- Recipients that are eligible to receive grants under this section include--CommentsClose CommentsPermalink





(1) energy producers;CommentsClose CommentsPermalink





(2) municipal power organizations; andCommentsClose CommentsPermalink





(3) rural electric cooperatives.CommentsClose CommentsPermalink





(c) Priority- In making grants under this section, the Secretary shall give priority to programs that are designed to reduce consumer end-use of energy over programs that are designed to reduce the consumer use of energy.CommentsClose CommentsPermalink





(d) Reduction in Energy Uses- In making grants under this section, the Secretary shall allocate grants, and provide minimum and maximum award criteria for the grants, in a manner that maximizes the reduction in energy use.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink

SEC. 9. 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.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Fund to carry out this Act (other than section 8), to remain available until expended--CommentsClose CommentsPermalink





(1) $1,000,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





(2) $5,000,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





(3) $10,000,000,000 for each of fiscal years 2011 through 2013.CommentsClose CommentsPermalink