(a) Repeal and rescission.—Section 50142 of Public Law 117–169 (136 Stat. 2044) (commonly known as the “Inflation Reduction Act of 2022”)
SEC. 50142. ADVANCED TECHNOLOGY VEHICLE MANUFACTURING.
(a) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,000,000,000, to remain available through September 30, 2028, for the costs of providing direct loans under section 136(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)): Provided, That funds appropriated by this section may be used for the costs of providing direct loans for reequipping, expanding, or establishing a manufacturing facility in the United States to produce, or for engineering integration performed in the United States of, advanced technology vehicles described in subparagraph (C), (D), (E), or (F) of section 136(a)(1) of such Act (42 U.S.C. 17013(a)(1)) only if such advanced technology vehicles emit, under any possible operational mode or condition, low or zero exhaust emissions of greenhouse gases.
(b) ADMINISTRATIVE COSTS.—The Secretary shall reserve not more than $25,000,000 of amounts made available under subsection (a) for administrative costs of providing loans as described in subsection (a). [1]Funding reduction
(c) ELIMINATION OF LOAN PROGRAM CAP.—Section 136(d)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)(1)) is amended by striking ‘‘a total of not more than $25,000,000,000 in’’.
[2]OLRC discrepancy
(b) Rescissions.—
SEC. 50123. STATE-BASED HOME ENERGY EFFICIENCY CONTRACTOR TRAINING GRANTS.
(a) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $200,000,000, to remain available through September 30, 2031, to carry out a program to provide financial assistance to States to develop and implement a State program described in section 362(d)(13) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(13)), which shall provide training and education to contractors involved in the installation of home energy efficiency and electrification improvements, including improvements eligible for rebates under a HOMES rebate program (as defined in section 50121(d)) or a high-efficiency electric home rebate program (as defined in section 50122(d)), as part of an approved State energy conservation plan under the State Energy Program.
(b) USE OF FUNDS.—A State may use amounts received under subsection (a)— (1) to reduce the cost of training contractor employees; (2) to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and (3) to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a). (c) ADMINISTRATIVE EXPENSES.—Of the amounts received by a State under subsection (a), a State shall use not more than 10 percent for administrative expenses associated with developing and implementing a State program pursuant to that subsection.
[3]Funding reduction Section 50123 (42 U.S.C. 18795b).
SEC. 50141. FUNDING FOR DEPARTMENT OF ENERGY LOAN PROGRAMS OFFICE.
(a) Commitment Authority.—In addition to commitment authority otherwise available and previously provided, the Secretary may make commitments to guarantee loans for eligible projects under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513), up to a total principal amount of $40,000,000,000, to remain available through September 30, 2026.
(b) Appropriation.—In addition to amounts otherwise available and previously provided, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,600,000,000, to remain available through September 30, 2026, for the costs of guarantees made under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513), using the loan guarantee authority provided under subsection (a) of this section.
(c) Administrative Expenses.—Of the amount made available under subsection (b), the Secretary shall reserve not more than 3 percent for administrative expenses to carry out title XVII of the Energy Policy Act of 2005 and for carrying out section 1702(h)(3) of such Act (42 U.S.C. 16512(h)(3)).
(d) Limitations.—
(1) Certification.—None of the amounts made available under this section for loan guarantees shall be available for any project unless the President has certified in advance in writing that the loan guarantee and the project comply with the provisions under this section.
(2) Denial of double benefit.—Except as provided in paragraph (3), none of the amounts made available under this section for loan guarantees shall be available for commitments to guarantee loans for any projects under which funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected to be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements to support the project or to obtain goods or services from the project.
(3) Exception.—Paragraph (2) shall not preclude the use of the loan guarantee authority provided under this section for commitments to guarantee loans for—
(A) projects benefitting from otherwise allowable Federal tax benefits;
(B) projects benefitting from being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is—
(i) paid exclusively in cash;
(ii) deposited in the Treasury as offsetting receipts; and
(iii) equal to the fair market value;
(C) projects benefitting from the Federal insurance program under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210); or
(D) electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee.
(e) Guarantee.—Section 1701(4)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16511(4)(A)) is amended by inserting “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)” before the period at the end.
(f) Source of Payments.—Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)(2)) is amended by adding at the end the following:
“(3) Source of payments.—The source of a payment received from a borrower under subparagraph (A) or (B) of paragraph (2) may not be a loan or other debt obligation that is made or guaranteed by the Federal Government.”
[4]Funding reduction Section 50141 (136 Stat. 2042).
SEC. 50144. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000,000, to remain available through September 30, 2026, to carry out activities under section 1706 of the Energy Policy Act of 2005.
(b) Commitment Authority.—The Secretary may make, through September 30, 2026, commitments to guarantee loans for projects under section 1706 of the Energy Policy Act of 2005 the total principal amount of which is not greater than $250,000,000,000, subject to the limitations that apply to loan guarantees under section 50141(d).
(c) Energy Infrastructure Reinvestment Financing.—Title XVII of the Energy Policy Act of 2005 is amended by inserting after section 1705 (42 U.S.C. 16516) the following:
“SEC. 1706. 42 USC 16517. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
“(a) In General.—Notwithstanding section 1703, the Secretary may make guarantees, including refinancing, under this section only for projects that—
“(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations; or
“(2) enable operating energy infrastructure to avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases.
“(b) Inclusion.—A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.
“(c) Requirement.—A project under subsection (a)(1) that involves electricity generation through the use of fossil fuels shall be required to have controls or technologies to avoid, reduce, utilize, or sequester air pollutants and anthropogenic emissions of greenhouse gases.
“(d) Application.—To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
“(1) a detailed plan describing the proposed project;
“(2) an analysis of how the proposed project will engage with and affect associated communities; and
“(3) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.
“(e) Term.—Notwithstanding section 1702(f), the term of an obligation shall require full repayment over a period not to exceed 30 years.
“(f) Definition of Energy Infrastructure.—In this section, the term ‘energy infrastructure’ means a facility, and associated equipment, used for—
“(1) the generation or transmission of electric energy; or
“(2) the production, processing, and delivery of fossil fuels, fuels derived from petroleum, or petrochemical feedstocks.”.
(d) Conforming Amendment.—Section 1702(o)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16512(o)(3)) is amended by inserting “and projects described in section 1706(a)” before the period at the end.
[5]Funding reduction Section 50144 (136 Stat. 2044).
SEC. 50145. TRIBAL ENERGY LOAN GUARANTEE PROGRAM.
(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $75,000,000, to remain available through September 30, 2028, to carry out section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), subject to the limitations that apply to loan guarantees under section 50141(d).
(b) Department of Energy Tribal Energy Loan Guarantee Program.—Section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended—
(1) in paragraph (1), by striking “) for an amount equal to not more than 90 percent of” and inserting “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for”; and
(2) in paragraph (4), by striking “$2,000,000,000” and inserting “$20,000,000,000”.
[6]Funding reduction Section 50145 (136 Stat. 2045).
SEC. 50151. TRANSMISSION FACILITY FINANCING.
(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available through September 30, 2030, to carry out this section: Provided, That the Secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after September 30, 2031.
(b) Use of Funds.—The Secretary shall use the amounts made available by subsection (a) to carry out a program to pay the costs of direct loans to non-Federal borrowers, subject to the limitations that apply to loan guarantees under section 50141(d) and under such terms and conditions as the Secretary determines to be appropriate, for the construction or modification of electric transmission facilities designated by the Secretary to be necessary in the national interest under section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)).
(c) Loans.—A direct loan provided under this section—
(1) shall have a term that does not exceed the lesser of—
(A) 90 percent of the projected useful life, in years, of the eligible transmission facility; and
(B) 30 years;
(2) shall not exceed 80 percent of the project costs; and
(3) shall, on first issuance, be subject to the condition that the direct loan is not subordinate to other financing.
(d) Interest Rates.—A direct loan provided under this section shall bear interest at a rate determined by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date on which the direct loan is made.
(e) Definition of Direct Loan.—In this section, the term “direct loan” has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
[7]Funding reduction Section 50151 (42 U.S.C. 18715).
SEC. 50152. GRANTS TO FACILITATE THE SITING OF INTERSTATE ELECTRICITY TRANSMISSION LINES.
(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $760,000,000, to remain available through September 30, 2029, for making grants in accordance with this section and for administrative expenses associated with carrying out this section.
(b) Use of Funds.—
(1) In general.—The Secretary may make a grant under this section to a siting authority for, with respect to a covered transmission project, any of the following activities:
(A) Studies and analyses of the impacts of the covered transmission project.
(B) Examination of up to 3 alternate siting corridors within which the covered transmission project feasibly could be sited.
(C) Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction, or under the auspices of a Transmission Organization (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) that is also considering the siting or permitting of the covered transmission project.
(D) Participation by the siting authority in regulatory proceedings at the Federal Energy Regulatory Commission or a State regulatory commission for determining applicable rates and cost allocation for the covered transmission project.
(E) Other measures and actions that may improve the chances of, and shorten the time required for, approval by the siting authority of the application relating to the siting or permitting of the covered transmission project, as the Secretary determines appropriate.
(2) Economic development.—The Secretary may make a grant under this section to a siting authority, or other State, local, or Tribal governmental entity, for economic development activities for communities that may be affected by the construction and operation of a covered transmission project, provided that the Secretary shall not enter into any grant agreement pursuant to this section that could result in any outlays after September 30, 2031.
(c) Conditions.—
(1) Final decision on application.—In order to receive a grant for an activity described in subsection (b)(1), the Secretary shall require a siting authority to agree, in writing, to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project not later than 2 years after the date on which such grant is provided, unless the Secretary authorizes an extension for good cause.
(2) Federal share.—The Federal share of the cost of an activity described in subparagraph (C) or (D) of subsection (b)(1) shall not exceed 50 percent.
(3) Economic development.—The Secretary may only disburse grant funds for economic development activities under subsection (b)(2)—
(A) to a siting authority upon approval by the siting authority of the applicable covered transmission project; and
(B) to any other State, local, or Tribal governmental entity upon commencement of construction of the applicable covered transmission project in the area under the jurisdiction of the entity.
(d) Returning Funds.—If a siting authority that receives a grant for an activity described in subsection (b)(1) fails to use all grant funds within 2 years of receipt, the siting authority shall return to the Secretary any such unused funds.
(e) Definitions.—In this section:
(1) Covered transmission project.—The term “covered transmission project” means a high-voltage interstate or offshore electricity transmission line—
(A) that is proposed to be constructed and to operate—
(i) at a minimum of 275 kilovolts of either alternating-current or direct-current electric energy by an entity; or
(ii) offshore and at a minimum of 200 kilovolts of either alternating-current or direct-current electric energy by an entity; and
(B) for which such entity has applied, or informed a siting authority of such entity’s intent to apply, for regulatory approval.
(2) Siting authority.—The term “siting authority” means a State, local, or Tribal governmental entity with authority to make a final determination regarding the siting, permitting, or regulatory status of a covered transmission project that is proposed to be located in an area under the jurisdiction of the entity.
[8]Funding reduction Section 50152 (42 U.S.C. 18715a).
SEC. 50153. INTERREGIONAL AND OFFSHORE WIND ELECTRICITY TRANSMISSION PLANNING, MODELING, AND ANALYSIS.
(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available through September 30, 2031, to carry out this section.
(b) Use of Funds.—The Secretary shall use amounts made available under subsection (a)—
(1) to pay expenses associated with convening relevant stakeholders to address the development of interregional electricity transmission and transmission of electricity that is generated by offshore wind; and
(2) to conduct planning, modeling, and analysis regarding interregional electricity transmission and transmission of electricity that is generated by offshore wind, taking into account the local, regional, and national economic, reliability, resilience, security, public policy, and environmental benefits of interregional electricity transmission and transmission of electricity that is generated by offshore wind, including planning, modeling, and analysis, as the Secretary determines appropriate, pertaining to—
(A) clean energy integration into the electric grid, including the identification of renewable energy zones;
(B) the effects of changes in weather due to climate change on the reliability and resilience of the electric grid;
(C) cost allocation methodologies that facilitate the expansion of the bulk power system;
(D) the benefits of coordination between generator interconnection processes and transmission planning processes;
(E) the effect of increased electrification on the electric grid;
(F) power flow modeling;
(G) the benefits of increased interconnections or interties between or among the Western Interconnection, the Eastern Interconnection, the Electric Reliability Council of Texas, and other interconnections, as applicable;
(H) the cooptimization of transmission and generation, including variable energy resources, energy storage, and demand-side management;
(I) the opportunities for use of nontransmission alternatives, energy storage, and grid-enhancing technologies;
(J) economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind;
(K) evaluation of existing rights-of-way and the need for additional transmission corridors; and
(L) a planned national transmission grid, which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms.
[9]Funding reduction Section 50153 (42 U.S.C. 18715b).
SEC. 50161. ADVANCED INDUSTRIAL FACILITIES DEPLOYMENT PROGRAM.
(a) Office of Clean Energy Demonstrations.—In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Clean Energy Demonstrations, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,812,000,000, to remain available through September 30, 2026, to carry out this section.
(b) Financial Assistance.—The Secretary shall use funds appropriated by subsection (a) to provide financial assistance, on a competitive basis, to eligible entities to carry out projects for—
(1) the purchase and installation, or implementation, of advanced industrial technology at an eligible facility;
(2) retrofits, upgrades to, or operational improvements at an eligible facility to install or implement advanced industrial technology; or
(3) engineering studies and other work needed to prepare an eligible facility for activities described in paragraph (1) or (2).
(c) Application.—To be eligible to receive financial assistance under subsection (b), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the expected greenhouse gas emissions reductions to be achieved by carrying out the project.
(d) Priority.—In providing financial assistance under subsection (b), the Secretary shall give priority consideration to projects on the basis of, as determined by the Secretary—
(1) the expected greenhouse gas emissions reductions to be achieved by carrying out the project;
(2) the extent to which the project would provide the greatest benefit for the greatest number of people within the area in which the eligible facility is located; and
(3) whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility.
(e) Cost Share.—The Secretary shall require an eligible entity to provide not less than 50 percent of the cost of a project carried out pursuant to this section.
(f) Administrative Costs.—The Secretary shall reserve not more than $300,000,000 of amounts made available under subsection (a) for administrative costs of carrying out this section.
(g) Definitions.—In this section:
(1) Advanced industrial technology.—The term “advanced industrial technology” means a technology directly involved in an industrial process, as described in any of paragraphs (1) through (6) of section 454(c) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(c)), and designed to accelerate greenhouse gas emissions reduction progress to net-zero at an eligible facility, as determined by the Secretary.
(2) Eligible entity.—The term “eligible entity” means the owner or operator of an eligible facility.
(3) Eligible facility.—The term “eligible facility” means a domestic, non-Federal, nonpower industrial or manufacturing facility engaged in energy-intensive industrial processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, industrial ceramics, chemicals, and other energy intensive industrial processes, as determined by the Secretary.
(4) Financial assistance.—The term “financial assistance” means a grant, rebate, direct loan, or cooperative agreement.
[10]Funding reduction Section 50161 (42 U.S.C. 17113b).