Manufacturing for Our Future Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2263 To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 26, 2021 Mr. TONKO introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Energy to establish a clean energy manufacturing grant program, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Manufacturing for Our 4 Future Act of 2021’’. 5 SEC. 2. CLEAN ENERGY MANUFACTURING GRANT PRO- 6 GRAM. 7 (a) ESTABLISHMENT OF PROGRAM.—Not later than 8 180 days after the date of enactment of this Act, the Sec- 9 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2263 IH retary shall establish a program to award grants in ac- 1 cordance with this section. 2 (b) GRANTS TO MANUFACTURERS.— 3 (1) GRANTS.—In carrying out the program es- 4 tablished under subsection (a), the Secretary shall, 5 subject to the availability of appropriations, award 6 grants to manufacturers— 7 (A) for projects to reequip, expand, or es- 8 tablish a facility for the manufacture of clean 9 energy systems, or for the manufacture of com- 10 ponents of clean energy systems, including the 11 manufacture of— 12 (i) renewable energy technologies; 13 (ii) energy storage technologies; 14 (iii) advanced nuclear energy tech- 15 nologies; 16 (iv) carbon capture, utilization, trans- 17 portation, and storage technologies, includ- 18 ing direct air capture systems, direct ocean 19 capture systems, bio-energy systems with 20 carbon capture and storage, and systems 21 intended to capture biogas and greenhouse 22 gas emissions from wastewater treatment 23 plants and agricultural applications; 24 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2263 IH (v) electric grid technologies, including 1 smart grid technologies, microgrid tech- 2 nologies, advanced transmission tech- 3 nologies, building-to-grid technologies, and 4 vehicle-to-grid technologies; 5 (vi) efficient end-use energy tech- 6 nologies, including Energy Star products 7 and energy-conserving lighting tech- 8 nologies; 9 (vii) electrolyzers; 10 (viii) fuel cells and other technologies 11 related to the transportation, storage, de- 12 livery, and use of hydrogen, including tech- 13 nologies for residential, commercial, indus- 14 trial, and transportation applications; 15 (ix) zero-emission light-, medium-, 16 and heavy-duty vehicles, components of 17 such vehicles, and refueling equipment for 18 such vehicles; 19 (x) industrial energy efficiency tech- 20 nologies, including combined heat and 21 power systems and waste heat to power 22 systems; 23 (xi) pollution control equipment; and 24 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2263 IH (xii) other technologies that reduce 1 greenhouse gas emissions, as determined 2 appropriate by the Secretary; 3 (B) for projects to install, retrofit, or con- 4 vert equipment for a facility, or to otherwise 5 retrofit or convert a facility, to enable the facil- 6 ity to manufacture zero- or low-emission en- 7 ergy-intensive industrial products, including 8 projects relating to the installation, retrofit, or 9 conversion of— 10 (i) industrial energy efficiency tech- 11 nologies; 12 (ii) carbon capture systems; 13 (iii) equipment and infrastructure to 14 enable fuel or feedstock switching to elec- 15 tricity or hydrogen; and 16 (iv) equipment to enable production of 17 materials and products containing a high 18 percentage of recycled content; and 19 (C) for front end engineering design stud- 20 ies, as determined appropriate by the Secretary, 21 for projects described in subparagraph (B). 22 (2) PRIORITY OF APPLICATIONS.—In awarding 23 grants under this subsection, the Secretary shall give 24 priority to projects that— 25 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2263 IH (A) provide the greatest potential net im- 1 pact in avoiding or reducing greenhouse gas 2 emissions and other air, land, and water pollut- 3 ants; 4 (B) include the refurbishment or retooling 5 of manufacturing facilities that have ceased op- 6 eration or will cease operation in the near fu- 7 ture; 8 (C) provide the greatest potential for do- 9 mestic job creation (both direct and indirect); 10 (D) have the greatest potential for techno- 11 logical innovation and commercial deployment; 12 (E) have the greatest potential to strength- 13 en or develop domestic supply chains for clean 14 energy systems; 15 (F) result in economic development or eco- 16 nomic diversification in regions or localities that 17 have historically generated significant economic 18 activity from the production, processing, trans- 19 portation, or combustion of fossil fuels, includ- 20 ing coal mines, fossil fuel-fired electricity gener- 21 ating units, and petroleum refining facilities; 22 (G) promote environmental justice in com- 23 munities with significant representation of com- 24 munities of color, low-income communities, or 25 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2263 IH Tribal and indigenous communities, or commu- 1 nities that experience, or are at risk of experi- 2 encing, higher or more adverse human health or 3 environmental effects, including through reme- 4 diation of contaminated sites; or 5 (H) commit to hiring displaced workers in 6 regions or localities described in subparagraph 7 (F). 8 (3) LABOR STANDARDS.—The Secretary shall 9 require— 10 (A) all laborers and mechanics employed 11 by contractors or subcontractors in carrying out 12 a project for the construction, alteration, retool- 13 ing, or repair of a facility that is financed by 14 a grant under this subsection shall be paid 15 wages at rates not less than those prevailing on 16 similar construction in the locality, as deter- 17 mined by the Secretary of Labor in accordance 18 with sections 3141 through 3144, 3146, and 19 3147 of title 40, United States Code; 20 (B) a disclosure by an applicant for a 21 grant under this subsection of any administra- 22 tive merits determination, arbitral award or de- 23 cision, or civil judgment, as defined in guidance 24 issued by the Secretary of Labor, rendered 25 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2263 IH against the applicant in the preceding 3 years 1 for violations of applicable labor, employment, 2 civil rights, or health and safety laws; 3 (C) an applicant for a grant under this 4 subsection to provide specific information re- 5 garding the actions the applicant will take to 6 demonstrate compliance with, and where pos- 7 sible exceedance of, requirements under applica- 8 ble labor, employment, civil rights, and health 9 and safety laws, and actions the applicant will 10 take to ensure that its direct suppliers dem- 11 onstrate compliance with applicable labor, em- 12 ployment, civil rights, and health and safety 13 laws; and 14 (D) an applicant for a grant under this 15 subsection to provide an estimate and descrip- 16 tion of the jobs and types of jobs to be retained 17 or created by the project proposed by the appli- 18 cant and the specific actions the applicant will 19 take to increase employment and retention of 20 dislocated workers, veterans, individuals from 21 low-income communities, women, minorities, 22 and other groups underrepresented in manufac- 23 turing, and individuals with a barrier to em- 24 ployment. 25 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2263 IH (4) COST SHARE.— 1 (A) IN GENERAL.—Section 988(c) of the 2 Energy Policy Act of 2005 (42 U.S.C. 3 16352(c)) shall apply to a grant made under 4 this subsection. 5 (B) CERTAIN REGIONS AND LOCALITIES.— 6 Notwithstanding subparagraph (A), the Sec- 7 retary may require, for a project that is funded 8 by a grant under this section and that is lo- 9 cated in a region or locality described in sub- 10 section (b)(2)(F), that not less than 20 percent 11 of the cost of the project be provided by a non- 12 Federal source. 13 (c) COORDINATION WITH STATE AND LOCAL PRO- 14 GRAMS.—The Secretary shall coordinate implementation 15 of the program established under subsection (a) with pro- 16 grams administered by State governments, local govern- 17 ments, and Indian Tribes designed to provide financial 18 and technical assistance to manufacturers, including the 19 retention and retraining of skilled workers. 20 (d) INTRA-AGENCY COORDINATION.—In carrying out 21 the program established under subsection (a), to the ex- 22 tent consistent with applicable law, the Secretary shall col- 23 laborate, coordinate, and share information with relevant 24 programs and offices within the Department of Energy. 25 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2263 IH (e) DEFINITIONS.—In this section: 1 (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 2 has the meaning given the term in section 4 of the 3 Indian Self-Determination and Education Assistance 4 Act (25 U.S.C. 5304). 5 (2) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of Energy. 7 (3) STATE.—The term ‘‘State’’ means a State, 8 the District of Columbia, Puerto Rico, or any terri- 9 tory or possession of the United States. 10 (4) ZERO- OR LOW-EMISSION ENERGY-INTEN- 11 SIVE INDUSTRIAL PRODUCT.—The term ‘‘zero- or 12 low-emission energy-intensive industrial product’’ 13 means a product— 14 (A) the production of which results in sig- 15 nificantly less greenhouse gas emissions relative 16 to the production of similar products, as deter- 17 mined by the Secretary; and 18 (B) that is in one of the following manu- 19 facturing categories, as determined by the Sec- 20 retary: 21 (i) Aluminum and other non-ferrous 22 metals. 23 (ii) Ammonia and fertilizer. 24 (iii) Cement and concrete. 25 VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2263 IH (iv) Ceramics. 1 (v) Chemicals and petrochemicals. 2 (vi) Food processing. 3 (vii) Glass. 4 (viii) Hydrogen. 5 (ix) Iron and steel. 6 (x) Pulp and paper. 7 (xi) A manufacturing subsector deter- 8 mined by the Secretary to be energy-inten- 9 sive or difficult-to-decarbonize. 10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 11 are authorized to be appropriated to the Secretary to carry 12 out this section $10,000,000,000, to remain available until 13 expended. 14 Æ VerDate Sep 11 2014 01:28 May 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2263.IH H2263 pbinns on DSKJLVW7X2PROD with BILLS