Reclaiming the Solar Supply Chain Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1643 To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 17, 2023 Ms. CORTEZ MASTO (for herself, Ms. BALDWIN, Mr. BROWN, and Mrs. FEIN- STEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, 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 ‘‘Reclaiming the Solar 4 Supply Chain Act of 2023’’. 5 SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY 6 CHAIN ASSISTANCE. 7 (a) DEFINITIONS.—In this section: 8 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1643 IS (1) ADVANCED SOLAR TECHNOLOGY.—The 1 term ‘‘advanced solar technology’’ means any new or 2 emerging technology, system, or mechanism, or com- 3 ponent thereof, that uses solar radiation to generate 4 electrical energy. 5 (2) DIRECT CURRENT OPTIMIZER.—The term 6 ‘‘direct current optimizer’’ means a product that 7 converts direct current electricity from 1 or more 8 solar modules or advanced solar technologies to a 9 different direct current voltage that is matched to 10 the input requirements of an inverter. 11 (3) DIRECT LOAN.—The term ‘‘direct loan’’ has 12 the meaning given the term in section 502 of the 13 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 14 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 15 ty’’ means a private entity, including a manufac- 16 turer, or a partnership of private entities. 17 (5) EMPLOYEE; EMPLOYER.—The terms ‘‘em- 18 ployee’’ and ‘‘employer’’ have the meanings given 19 such terms in section 2 of the National Labor Rela- 20 tions Act (29 U.S.C. 152). 21 (6) FORCED LABOR.—The term ‘‘forced labor’’ 22 has the meaning given the term in section 307 of the 23 Tariff Act of 1930 (19 U.S.C. 1307). 24 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1643 IS (7) INTEGRATED MODULE.—The term ‘‘inte- 1 grated module’’ means a solar module produced by 2 a single manufacturer through the conversion of a 3 photovoltaic wafer or other semiconductor material 4 into an end product that— 5 (A) is suitable to generate electricity when 6 exposed to sunlight; and 7 (B) is ready for installation without addi- 8 tional manufacturing processes. 9 (8) INVERTER.—The term ‘‘inverter’’ means a 10 product that converts direct current electricity from 11 1 or more solar modules or advanced solar tech- 12 nologies into alternating current electricity. 13 (9) LABOR ORGANIZATION.—The term ‘‘labor 14 organization’’ has the meaning given the term in 15 section 2 of the National Labor Relations Act (29 16 U.S.C. 152). 17 (10) NON-ALLIED FOREIGN NATION.—The term 18 ‘‘non-allied foreign nation’’ has the meaning given 19 the term ‘‘covered nation’’ in section 4872(d)(2) of 20 title 10, United States Code. 21 (11) PHOTOVOLTAIC CELL.—The term ‘‘photo- 22 voltaic cell’’ means the smallest semiconductor ele- 23 ment of a solar module that performs the immediate 24 conversion of light into electricity. 25 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1643 IS (12) PHOTOVOLTAIC WAFER.—The term ‘‘pho- 1 tovoltaic wafer’’ means a thin slice, sheet, or layer 2 of semiconductor material of at least 240 square 3 centimeters produced by a single manufacturer— 4 (A)(i) directly from molten solar grade 5 polysilicon or deposition of solar grade thin film 6 semiconductor photon absorber layer; or 7 (ii) through formation of an ingot from 8 molten polysilicon and subsequent slicing; and 9 (B) that comprises the substrate or ab- 10 sorber layer of 1 or more photovoltaic cells. 11 (13) PROGRAM.—The term ‘‘program’’ means 12 the program established under subsection (c). 13 (14) RACKING.—The term ‘‘racking’’ means a 14 structural steel or aluminum support element, of any 15 cross-section shape and that may be assembled from 16 individually manufactured segments, spanning longi- 17 tudinally, on which solar modules are supported. 18 (15) SECRETARY.—The term ‘‘Secretary’’ 19 means the Secretary of Energy. 20 (16) SOLAR COMPONENT.—The term ‘‘solar 21 component’’ means— 22 (A) an integrated module; 23 (B) a photovoltaic cell; 24 (C) a photovoltaic wafer; 25 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1643 IS (D) solar grade polysilicon; 1 (E) a solar module; 2 (F) an inverter; 3 (G) racking; 4 (H) a tracker; 5 (I) a direct current optimizer; and 6 (J) any advanced solar technology for 7 which the Secretary has issued a written find- 8 ing under subsection (g). 9 (17) SOLAR GRADE POLYSILICON.—The term 10 ‘‘solar grade polysilicon’’ means silicon that— 11 (A) is suitable for use in photovoltaic man- 12 ufacturing; and 13 (B) is purified to a minimum purity of 14 99.999999 percent silicon by mass. 15 (18) SOLAR MODULE.—The term ‘‘solar mod- 16 ule’’ means the connection and lamination of photo- 17 voltaic cells into an environmentally protected final 18 assembly that— 19 (A) is suitable to generate electricity when 20 exposed to sunlight; and 21 (B) is ready for installation without an ad- 22 ditional manufacturing process. 23 (19) TRACKER.—The term ‘‘tracker’’ means— 24 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1643 IS (A) a structural steel support on which 1 solar modules are supported; and 2 (B) the mechanism by which that support 3 is oriented to varying angles with respect to the 4 position of the sun. 5 (20) TRADITIONAL SOLAR COMPONENT.—The 6 term ‘‘traditional solar component’’ means— 7 (A) an integrated module; 8 (B) a photovoltaic cell; 9 (C) a photovoltaic wafer; 10 (D) solar grade polysilicon; and 11 (E) a solar module. 12 (b) FINDINGS.—Congress finds that it is in the inter- 13 est of the United States— 14 (1) to have a viable solar component manufac- 15 turing supply chain; and 16 (2) to reduce the reliance of United States 17 manufacturers on solar components made in the 18 People’s Republic of China. 19 (c) ESTABLISHMENT.—Not later than 180 days after 20 the date of enactment of this Act, the Secretary shall es- 21 tablish a program to award grants and direct loans to eli- 22 gible entities to carry out projects in the United States 23 for— 24 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1643 IS (1) the construction of new facilities that manu- 1 facture solar components; and 2 (2) retooling, retrofitting, or expanding existing 3 facilities that manufacture, or have the ability to 4 manufacture, solar components. 5 (d) APPLICATION.—To be eligible to receive a grant 6 or direct loan under the program, an eligible entity shall 7 submit to the Secretary an application at such time, in 8 such manner, and containing such information as the Sec- 9 retary may require. 10 (e) SELECTION.—In awarding grants and direct 11 loans under the program, the Secretary shall take into 12 consideration whether a project proposed by an eligible en- 13 tity— 14 (1) is strategically located near manufacturers 15 in the solar component manufacturing supply chain 16 to create a geographic concentration of manufactur- 17 ers in the solar component manufacturing supply 18 chain; 19 (2) has potential to materially reduce the reli- 20 ance of United States manufacturers on solar com- 21 ponents, including solar grade polysilicon and photo- 22 voltaic wafers, made in a non-allied foreign nation; 23 (3) has potential for direct and indirect domes- 24 tic job creation, including jobs for low-income com- 25 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1643 IS munities, dislocated workers, and workers from 1 groups that are underrepresented in the manufac- 2 turing industry; and 3 (4) will result in economic development or eco- 4 nomic diversification in economically distressed re- 5 gions or localities. 6 (f) DIRECT LOAN CONDITIONS.—A direct loan made 7 under the program shall— 8 (1) bear interest at a rate that does not exceed 9 a level that the Secretary determines appropriate; 10 and 11 (2) be subject to such other terms and condi- 12 tions as the Secretary determines appropriate. 13 (g) ADVANCED SOLAR TECHNOLOGY FINDING.—The 14 Secretary may issue a written finding that an advanced 15 solar technology has significant potential to reduce the re- 16 liance of United States manufacturers on traditional solar 17 components made in a non-allied foreign nation. 18 (h) PROHIBITION.—In carrying out the program, the 19 Secretary may not award a grant or direct loan for a 20 project that will source solar components from, or supply 21 solar components to, facilities that use forced labor or are 22 owned and operated by a non-allied foreign nation. 23 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1643 IS (i) COST SHARING FOR GRANTS.—Section 988(c) of 1 the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall 2 apply to a grant made under the program. 3 (j) PREVAILING WAGES.— 4 (1) IN GENERAL.—Any laborer or mechanic em- 5 ployed by any contractor or subcontractor in the 6 performance of work funded directly, or assisted in 7 whole or in part, by the Federal Government pursu- 8 ant to this section shall be paid wages at rates not 9 less than those prevailing on work of a similar char- 10 acter in the locality, as determined by the Secretary 11 of Labor, in accordance with subchapter IV of chap- 12 ter 31 of part A of subtitle II of title 40, United 13 States Code (commonly referred to as the ‘‘Davis- 14 Bacon Act’’). 15 (2) AUTHORITY.—With respect to the labor 16 standards specified in paragraph (1), the Secretary 17 of Labor shall have the authority and functions set 18 forth in Reorganization Plan Numbered 14 of 1950 19 (5 U.S.C. App.) and section 3145 of title 40, United 20 States Code. 21 (k) LABOR-MANAGEMENT COOPERATION.— 22 (1) IN GENERAL.—Notwithstanding any con- 23 trary provision of law, including the National Labor 24 Relations Act (29 U.S.C. 151 et seq.), this sub- 25 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1643 IS section shall apply with respect to any funding re- 1 cipient under this section who is an employer and 2 any labor organization who represents, or seeks to 3 represent, employees of such a funding recipient. 4 (2) LABOR PEACE.—Any employer receiving 5 funds under this section shall recognize for purposes 6 of collective bargaining a labor organization that 7 demonstrates that a majority of the employees in a 8 unit appropriate for such purposes who perform or 9 will perform work funded by this section have signed 10 valid authorizations designating the labor organiza- 11 tion as their bargaining representative and that no 12 other individual or labor organization is currently 13 certified or recognized as the exclusive representative 14 of any of the employees in the unit who perform or 15 will perform such work pursuant to the National 16 Labor Relations Act (29 U.S.C. 151 et seq.). Upon 17 such showing of majority status, the employer shall 18 notify the labor organization and the National Labor 19 Relations Board that the employer— 20 (A) has determined that the labor organi- 21 zation represents a majority of the employees in 22 such unit who perform or will perform such 23 work; and 24 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1643 IS (B) is recognizing the labor organization 1 as the exclusive representative of the employees 2 in such unit who perform or will perform such 3 work for the purposes of collective bargaining 4 pursuant to section 9 of the National Labor Re- 5 lations Act (29 U.S.C. 159). 6 (3) CERTIFICATION.—If a dispute over majority 7 status or the appropriateness of the unit described 8 in paragraph (2) arises between the employer and 9 the labor organization, either party may request that 10 the National Labor Relations Board investigate and 11 resolve the dispute. If the Board finds that a major- 12 ity of the employees in a unit appropriate for pur- 13 poses of collective bargaining who perform or will 14 perform work funded under this section has signed 15 valid authorizations designating the labor organiza- 16 tion as their bargaining representative and that no 17 other individual or labor organization is currently 18 certified or recognized as the exclusive representative 19 of any of the employees in the unit who perform or 20 will perform such work pursuant to the National 21 Labor Relations Act, the Board shall not direct an 22 election but shall certify the labor organization as 23 the representative described in section 9(a) of the 24 VerDate Sep 11 2014 00:48 May 31, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1643 IS National Labor Relations Act (29 U.S.C. 159(a)) 1 with respect to such employees. 2 (4) COMMENCEMENT OF COLLECTIVE BAR- 3 GAINING.—Not later than 10 days after an employer 4 receiving funding under this section receives a writ- 5 ten request for collective bargaining from a recog- 6 nized or certified labor organization representing 7 employees who perform or will perform work funded 8 under this section, or within such period as the par- 9 ties agree upon, the labor organization and employer 10 shall meet and commence to bargain collectively and 11 shall make every reasonable effort to conclude and 12 sign a collective bargaining agreement. 13 (5) MEDIATION.—If the parties have failed to 14 reach an agreement before the date that is 90 days 15 after the date on w [Text truncated for display. 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