Advanced Technology Vehicles Manufacturing Program Reform Act

I 116TH CONGRESS 2D SESSION H. R. 5860 To expand the advanced technology vehicles manufacturing incentive program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 12, 2020 Ms. BROWNLEY of California introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To expand the advanced technology vehicles manufacturing incentive program, and for other purposes. 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 ‘‘Advanced Technology 4 Vehicles Manufacturing Program Reform Act’’. 5 SEC. 2. ADVANCED TECHNOLOGY VEHICLES MANUFAC- 6 TURING INCENTIVE PROGRAM EXPANSION. 7 (a) ZERO-EMISSION VEHICLES INCLUDED.— 8 VerDate Sep 11 2014 04:22 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5860.IH H5860 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5860 IH (1) IN GENERAL.—Section 136 of the Energy 1 Independence and Security Act of 2007 (42 U.S.C. 2 17013) is amended— 3 (A) in subsection (d)— 4 (i) in paragraph (1), by inserting ‘‘or 5 in paragraph (5)’’ after ‘‘subsection (b)’’; 6 and 7 (ii) by adding at the end the following 8 new paragraph: 9 ‘‘(5) ZERO-EMISSION VEHICLE MANUFAC- 10 TURING.—The activities described in this paragraph 11 are an automobile manufacturer, ultra efficient vehi- 12 cle manufacturer, or component supplier— 13 ‘‘(A) reequipping, expanding, or estab- 14 lishing a manufacturing facility in the United 15 States to produce zero-emission vehicles or 16 qualifying components; or 17 ‘‘(B) performing engineering integration in 18 the United States for zero-emission vehicles.’’; 19 and 20 (B) in subsection (a), by adding at the end 21 the following new paragraph: 22 ‘‘(6) ZERO-EMISSION VEHICLE.—The term 23 ‘zero-emission vehicle’ means a passenger vehicle 24 that produces zero exhaust emissions of any criteria 25 VerDate Sep 11 2014 04:22 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5860.IH H5860 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5860 IH pollutant, precursor pollutant, or greenhouse gas, 1 other than water vapor, in any mode of operation or 2 condition, as determined by the Administrator.’’. 3 (2) CONFORMING AMENDMENTS.—Section 4 136(a) of the Energy Independence and Security Act 5 of 2007 (42 U.S.C. 17013(a)) is amended— 6 (A) in paragraph (3)— 7 (i) in subparagraph (A), by inserting 8 ‘‘or zero-emission vehicles’’ after ‘‘ad- 9 vanced technology vehicles’’; and 10 (ii) in subparagraph (B), by striking 11 ‘‘components or advanced technology vehi- 12 cles’’ and inserting ‘‘components, advanced 13 technology vehicles, or zero-emissions vehi- 14 cles’’; and 15 (B) in paragraph (4)— 16 (i) in subparagraph (A), by inserting 17 ‘‘or zero-emission vehicles’’ after ‘‘ad- 18 vanced technology vehicles’’; and 19 (ii) in subparagraph (B), by inserting 20 ‘‘or zero-emission vehicles’’ after ‘‘ad- 21 vanced technology vehicles’’. 22 (b) FINANCIAL VIABILITY REQUIREMENT MODIFICA- 23 TION.—Section 136(d)(3) of the Energy Independence 24 VerDate Sep 11 2014 04:22 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5860.IH H5860 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5860 IH and Security Act of 2007 (42 U.S.C. 17013(d)(3)) is 1 amended— 2 (1) by striking ‘‘in which, as determined by the 3 Secretary’’ and all that follows through ‘‘the pro- 4 posed project;’’ and inserting the following: ‘‘for 5 which the Secretary determines— 6 ‘‘(A) the award recipient— 7 ‘‘(i) has a reasonable prospect of re- 8 paying the principal and interest on the 9 loan;’’; 10 (2) by redesignating subparagraphs (B) and 11 (C) as clauses (ii) and (iii), respectively; 12 (3) in clause (iii), as redesignated, by striking 13 the period at the end and inserting a semicolon; and 14 (4) by adding at the end the following new sub- 15 paragraphs: 16 ‘‘(B) the amount of the loan, in combina- 17 tion with amounts available to the award recipi- 18 ent from other sources, will be sufficient to 19 carry out the applicable eligible project; and 20 ‘‘(C) the loan will not be subordinate to 21 other financing.’’. 22 (c) RULEMAKING.—Not later than 60 days after the 23 date of enactment of this Act, the Secretary of Energy 24 VerDate Sep 11 2014 04:22 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5860.IH H5860 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5860 IH shall promulgate regulations to carry out the amendments 1 made by this section. 2 SEC. 3. STUDY ON PROGRAM LOANS. 3 (a) STUDY.—The Comptroller General of the United 4 States shall conduct a study on the barriers to the applica- 5 tion for, and issuance of, loans under section 136(d) of 6 the Energy Independence and Security Act of 2007 (42 7 U.S.C. 17013(d)) and potential changes to reduce such 8 barriers to increase the number of such loans. 9 (b) BRIEFING.—Not later than 180 days after the 10 date of enactment of this Act, the Comptroller General 11 shall provide a briefing to the relevant congressional com- 12 mittees, as determined by the Comptroller General, on the 13 study described in subsection (a). At the time of the brief- 14 ing, the Comptroller General and such relevant congres- 15 sional committees shall jointly determine the date by 16 which the report described in subsection (c) shall be sub- 17 mitted to Congress and to the Secretary of Energy. 18 (c) REPORT.—Not later than the report submission 19 date determined under subsection (b), the Comptroller 20 General shall submit to Congress and to the Secretary of 21 Energy a report on the results of the study conducted 22 under subsection (a). 23 (d) RESPONSE TO REPORT.—Not later than 180 days 24 after the Secretary of Energy receives the report under 25 VerDate Sep 11 2014 04:22 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5860.IH H5860 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 5860 IH subsection (c), the Secretary shall, taking into consider- 1 ation such report and to the extent authorized by law, pro- 2 mulgate regulations to carry out the program described 3 in section 136(d) of the Energy Independence and Secu- 4 rity Act of 2007 (42 U.S.C. 17013(d)). 5 Æ VerDate Sep 11 2014 04:22 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5860.IH H5860 kjohnson on DSK79L0C42PROD with BILLS