42 USC 18742

U.S Code last checked for updates: May 16, 2024

§ 18742.

(a)

Definitions

In this section:

(1)

Advanced energy property

The term “advanced energy property” means—

(A)

property designed to be used to produce energy from the sun, water, wind, geothermal or hydrothermal (as those terms are defined in section 17191 of this title) resources, enhanced geothermal systems (as defined in that section), or other renewable resources;

(B)

fuel cells, microturbines, or energy storage systems and components;

(C)

electric grid modernization equipment or components;

(D)

property designed to capture, remove, use, or sequester carbon oxide emissions;

(E)

equipment designed to refine, electrolyze, or blend any fuel, chemical, or product that is—

(i)

renewable; or

(ii)

low-carbon and low-emission;

(F)

property designed to produce energy conservation technologies (including for residential, commercial, and industrial applications);

(G)

(i)

light-, medium-, or heavy-duty electric or fuel cell vehicles, electric or fuel cell locomotives, electric or fuel cell maritime vessels, or electric or fuel cell planes;

(ii)

technologies, components, and materials of those vehicles, locomotives, maritime vessels, or planes; and

(iii)

charging or refueling infrastructure associated with those vehicles, locomotives, maritime vessels, or planes;

(H)

(i)

hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds; and

(ii)

technologies, components, and materials for those vehicles; and

(I)

other advanced energy property designed to reduce greenhouse gas emissions, as may be determined by the Secretary.

(2)

Covered census tract

The term “covered census tract” means a census tract—

(A)

in which, after December 31, 1999, a coal mine had closed;

(B)

in which, after December 31, 2009, a coal-fired electricity generating unit had been retired; or

(C)

that is immediately adjacent to a census tract described in subparagraph (A) or (B).

(3)

Eligible entity

The term “eligible entity” means a manufacturing firm—

(A)

the gross annual sales of which are less than $100,000,000;

(B)

that has fewer than 500 employees at the plant site of the manufacturing firm; and

(C)

the annual energy bills of which total more than $100,000 but less than $2,500,000.

(4)

Minority-owned

The term “minority-owned”, with respect to an eligible entity, means an eligible entity not less than 51 percent of which is owned by 1 or more individuals who are—

(A)

citizens of the United States; and

(B)

Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native.

(5)

Program

(6)

Qualifying advanced energy project

The term “qualifying advanced energy project” means a project that—

(A)

(i)

re-equips, expands, or establishes a manufacturing or recycling facility for the production or recycling, as applicable, of advanced energy property; or

(ii)

re-equips an industrial or manufacturing facility with equipment designed to reduce the greenhouse gas emissions of that facility substantially below the greenhouse gas emissions under current best practices, as determined by the Secretary, through the installation of—

(I)

low- or zero-carbon process heat systems;

(II)

carbon capture, transport, utilization, and storage systems;

(III)

technology relating to energy efficiency and reduction in waste from industrial processes; or

(IV)

any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary;

(B)

has a reasonable expectation of commercial viability, as determined by the Secretary; and

(C)

is located in a covered census tract.

(b)

Establishment

(c)

Applications

(1)

In general

(2)

Selection criteria

(A)

Projects

In selecting eligible entities to receive grants under the Program, the Secretary shall, with respect to the qualifying advanced energy projects proposed by the eligible entities, give higher priority to projects that—

(i)

will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases;

(ii)

will result in a higher level of domestic job creation (both direct and indirect) during the lifetime of the project;

(iii)

will result in a higher level of job creation in the vicinity of the project, particularly with respect to—

(I)

low-income communities (as described in section 45D(e) of the Internal Revenue Code of 1986); and

(II)

dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;

(iv)

have higher potential for technological innovation and commercial deployment;

(v)

have a lower levelized cost of—

(I)

generated or stored energy; or

(II)

measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain); and

(vi)

have a shorter project time.

(B)

Eligible entities

(d)

Project completion and location; return of unobligated funds

(1)

Completion; return of unobligated funds

An eligible entity that receives a grant under the Program shall be required—

(A)

to complete the qualifying advanced energy project funded by the grant not later than 3 years after the date of receipt of the grant funds; and

(B)

to return to the Secretary any grant funds that remain unobligated at the end of that 3-year period.

(2)

Location

(e)

Technical assistance

(1)

In general

(2)

Applications

(3)

Factors for consideration

(f)

Publication of grants

(g)

Report

Not later than 4 years after November 15, 2021, the Secretary shall—

(1)

review the grants awarded under the Program; and

(2)

submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing those grants.

(h)

Authorization of appropriations

(Pub. L. 117–58, div. D, title II, § 40209, Nov. 15, 2021, 135 Stat. 975.)

cite as: 42 USC 18742