Investments for Manufacturing Progress and Clean Technology Act of 2009 or the IMPACT Act of 2009 - Amends the National Institute of Standards and Technology Act to: (1) direct the Secretary of Commerce to award grants to states to establish revolving loan funds to provide loans to small and medium-sized manufacturers for producing clean energy technology and energy efficient products and for reducing greenhouse gas emissions from manufacturing facilities; and (2) include within the activities of Regional Centers for the Transfer of Manufacturing Technology the establishment of a clean energy manufacturing supply chain initiative.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3083 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3083
To require the Secretary of Commerce to establish a program for the
award of grants to States to establish revolving loan funds for small
and medium-sized manufacturers to improve energy efficiency and produce
clean energy technology, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2009
Mr. Boccieri (for himself, Mr. Space, Mr. Driehaus, Mr. Ryan of Ohio,
Ms. Fudge, Ms. Kaptur, Ms. Kilroy, Ms. Sutton, and Mr. Perriello)
introduced the following bill; which was referred to the Committee on
Science and Technology
_______________________________________________________________________
A BILL
To require the Secretary of Commerce to establish a program for the
award of grants to States to establish revolving loan funds for small
and medium-sized manufacturers to improve energy efficiency and produce
clean energy technology, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investments for Manufacturing
Progress and Clean Technology Act of 2009'' or the ``IMPACT Act of
2009''.
SEC. 2. CLEAN ENERGY MANUFACTURING REVOLVING LOAN FUND PROGRAM.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 26 the following:
``SEC. 27. CLEAN ENERGY MANUFACTURING REVOLVING LOAN FUND PROGRAM.
``(a) Purposes.--The purposes of this section are as follows:
``(1) To develop the long-term manufacturing capacity of
the United States.
``(2) To create jobs through the retooling and expansion of
manufacturing facilities to produce clean energy technology
products and energy efficient products.
``(3) To improve the long-term competitiveness of domestic
manufacturing by increasing the energy efficiency of
manufacturing facilities.
``(4) To assist small and medium-sized manufacturers
diversify operations to respond to emerging clean energy
technology product markets.
``(b) Definitions.--In this section:
``(1) Clean energy technology product.--The term `clean
energy technology product' means technology products relating
to the following:
``(A) Wind turbines.
``(B) Solar energy.
``(C) Fuel cells.
``(D) Advanced batteries, battery systems, or
storage devices.
``(E) Biomass equipment.
``(F) Geothermal equipment.
``(G) Advanced biofuels.
``(H) Ocean energy equipment.
``(I) Carbon capture and storage.
``(J) Such other products as the Secretary
determines--
``(i) relate to the production, use,
transmission, storage, control, or conservation
of energy;
``(ii) reduce greenhouse gas
concentrations;
``(iii) achieve the earliest and maximum
emission reductions within a reasonable period
per dollar invested;
``(iv) result in the fewest non-greenhouse
gas environmental impacts; and
``(v) either--
``(I) reduce the need for
additional energy supplies by--
``(aa) using existing
energy supplies with greater
efficiency; or
``(bb) by transmitting,
distributing, or transporting
energy with greater
effectiveness through the
infrastructure of the United
States; or
``(II) diversity the sources of
energy supply of the United States--
``(aa) to strengthen energy
security; and
``(bb) to increase supplies
with a favorable balance of
environmental effects if the
entire technology system is
considered.
``(2) Energy efficient product.--The term `energy efficient
product' means a product that, as determined by the Secretary
in consultation with the Secretary of Energy--
``(A) consumes significantly less energy than the
average amount that all similar products consumed on
the day before the date of the enactment of this Act;
or
``(B) is a component, system, or group of
subsystems that is designed, developed, and validated
to optimize the energy efficiency of a product.
``(3) Hollings manufacturing extension center.--The term
`Hollings Manufacturing Extension Center' means a center
established under section 25.
``(4) Hollings manufacturing partnership program.--The term
`Hollings Manufacturing Partnership Program' means the program
established under sections 25 and 26.
``(5) Program.--The term `Program' means the grant program
established pursuant to subsection (c)(1).
``(6) Revolving loan fund.--The term `revolving loan fund'
means a revolving loan fund described in subsection (d).
``(7) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Commerce.
``(8) Small or medium-sized manufacturer.--The term `small
or medium-sized manufacturer' means a manufacturer that employs
fewer than 500 full-time equivalent employees at a
manufacturing facility that is not owned or controlled by an
automobile manufacturer.
``(c) Grant Program.--
``(1) Establishment.--Not later than 120 days after the
date of the enactment of this section, the Secretary shall
establish a program under which the Secretary shall award
grants to States to establish revolving loan funds to provide
loans to small and medium-sized manufacturers to finance the
cost of----
``(A) reequipping, expanding, or establishing
(including applicable engineering costs) a
manufacturing facility in the United States to
produce--
``(i) clean energy technology products;
``(ii) energy efficient products; or
``(iii) integral component parts of clean
energy technology products or energy efficient
products; or
``(B) reducing the energy intensity or greenhouse
gas production of a manufacturing facility in the
United States, including using energy intensive
feedstocks.
``(2) Maximum amount.--The Secretary may not award a grant
under the Program in an amount that exceeds $500,000,000 in any
fiscal year.
``(d) Criteria for Awarding Grants.--
``(1) Matching funds.--The Secretary may make a grant to a
State under the Program only if the State agrees to ensure that
for each loan provided by the State under the Program, not less
than 20 percent of the amount of each loan will come from a
non-Federal source.
``(2) Administrative costs.--A State receiving a grant
under the Program may only use such amount of the grant for the
costs of administering the revolving loan fund as the Secretary
shall provide in regulations.
``(3) Application.--Each State seeking a grant under the
Program shall submit to the Secretary an application therefor
in such form and in such manner as the Secretary considers
appropriate.
``(4) Evaluation.--The Secretary shall evaluate and
prioritize an application submitted by a State for a grant
under the Program on the basis of--
``(A) the description of the revolving loan fund to
be established with the grant and how such revolving
loan fund will achieve the purposes described in
subsection (a);
``(B) whether the State will be able to provide
loans from the revolving loan fund to small or medium-
sized manufacturers before the date that is 120 days
after the date on which the State receives the grant;
``(C) a description of how the State will
administer the revolving loan fund in coordination with
other State and Federal programs, including programs
administered by the Assistant Secretary for Economic
Development;
``(D) a description of the actual or potential
clean energy manufacturing supply chains, including
significant component parts, in the region served by
the revolving loan fund;
``(E) how the State will target the provision of
loans under the Program to manufacturers located in
regions characterized by high unemployment and sudden
and severe economic dislocation, in particular where
mass layoffs have resulted in a precipitous increase in
unemployment;
``(F) the availability of a skilled manufacturing
workforce in the region served by the revolving loan
fund and the capacity of the region's workforce and
education systems to provide pathways for unemployed or
low-income workers into skilled manufacturing
employment;
``(G) a description of how the State will target
loans to small or medium-sized manufacturers who are--
``(i) manufacturers of automobile
components; and
``(ii) either--
``(I) increasing the energy
efficiency of their manufacturing
facilities; or
``(II) retooling to manufacture
clean energy products or energy
efficient products, including
manufacturing components to improve the
compliance of an automobile with fuel
economy standards prescribed under
section 32902 of title 49, United
States Code;
``(H) a description of how the State will use the
loan fund to achieve the earliest and maximum
greenhouse gas emission reductions within a reasonable
period of time per dollar invested and with the fewest
non-greenhouse gas environmental impacts; and
``(I) such other factors as the Secretary considers
appropriate to ensure that grants awarded under the
Program effectively and efficiently achieve the
purposes described in subsection (a).
``(e) Revolving Loan Funds.--
``(1) In general.--A State receiving a grant under the
Program shall establish, maintain, and administer a revolving
loan fund in accordance with this subsection.
``(2) Deposits.--A revolving loan fund shall consist of the
following:
``(A) Amounts from grants awarded under this
section.
``(B) All amounts held or received by the State
incident to the provision of loans described in
subsection (f), including all collections of principal
and interest.
``(3) Expenditures.--Amounts in the revolving loan fund
shall be available for the provision and administration of
loans in accordance with subsection (f).
``(f) Loans.--
``(1) In general.--A State receiving a grant under this
section shall use the amount in the revolving loan fund to
provide loans to small and medium-sized manufacturers as
described in subsection (c)(1).
``(2) Loan terms and conditions.--The following shall apply
with respect to loans provided under paragraph (1):
``(A) Terms.--Loans shall have a term determined by
the State receiving the grant as follows:
``(i) For fixed assets, the term of the
loan shall not exceed the useful life of the
asset and shall be less than 15 years.
``(ii) For working capital, the term of the
loan shall not exceed 36 months.
``(B) Interest rates.--Loans shall bear an interest
rate determined by the State receiving the grant as
follows:
``(i) The interest rate shall enable the
loan recipient to accomplish the activities
described in subparagraphs (A) and (B) of
subsection (c)(1).
``(ii) The interest rate may be set below-
market interest rates.
``(iii) The interest rate may not be less
than zero percent.
``(iv) The interest rate may not exceed the
current prime rate plus 500 basis points.
``(C) Description and budget for use of loan
funds.--Each recipient of a loan from a State under the
Program shall develop and submit to the State and the
Secretary a description and budget for the use of loan
amounts, including a description of the following:
``(i) Any new business expected to be
developed with the loan.
``(ii) Any improvements to manufacturing
operations to be developed with the loan.
``(iii) Any technology expected to be
commercialized with the loan.
``(D) Priority in review and preference in
selection for certain loan applicants.--
``(i) Review.--In reviewing applications
submitted by small or medium-sized
manufacturers for a loan, a recipient of a
grant under the Program shall give priority to
small or medium-sized manufacturers described
in clause (iii).
``(ii) Selection.--In selecting small or
medium-sized manufacturers to receive a loan, a
recipient of a grant under the Program shall
give preference to small or medium-sized
manufacturers described in clause (iii).
``(iii) Priority and preferred small or
medium-sized manufacturers.--A small or medium-
sized manufacturer described in this clause is
a manufacturer that--
``(I) is certified by a Hollings
Manufacturing Extension Center or a
manufacturing-related local
intermediary designated by the
Secretary for purposes of providing
such certification; or
``(II) provides individuals
employed at the manufacturing
facilities of the manufacturer--
``(aa) pay in amounts that
are, on average, equal to or
more than the average wage of
an individual working in a
manufacturing facility in the
State; and
``(bb) health benefits.
``(iv) Certification by hollings
manufacturing extension center.--A Hollings
Manufacturing Extension Center or other entity
designated by the Secretary for purposes of
providing certification under clause (iii)(I)
shall only certify applications for a loan
after carrying out a qualitative and
quantitative review of the applicant's business
strategy, manufacturing operations, and
technological ability to contribute to the
purposes described in subsection (a).
``(E) Repayment upon relocation outside united
states.--
``(i) In general.--If a person receives a
loan under paragraph (1) to finance the cost of
reequipping, expanding, or establishing a
manufacturing facility as described in
subsection (c)(1)(A) or to reduce the energy
intensity of a manufacturing facility and such
person relocates the production activities of
such manufacturing facility outside the United
States during the term of the loan, the
recipient shall repay such loan in full with
interest as described in clause (ii) and for a
duration described in clause (iii).
``(ii) Payment of interest.--Any amount
owed by the recipient of a loan under paragraph
(1) who is required to repay the loan under
clause (i) shall bear interest at a penalty
rate determined by the Secretary to deter
recipients of loans under paragraph (1) from
relocating production activities as described
in clause (i).
``(iii) Period of repayment.--Repayment of
a loan under clause (i) shall be for a duration
determined by the Secretary.
``(F) Compliance with wage rate requirements.--Each
recipient of a loan shall undertake and agree to
incorporate or cause to be incorporated into all
contracts for construction, alteration or repair, which
are paid for in whole or in part with funds obtained
pursuant to such loan, a requirement that all laborers
and mechanics employed by contractors and
subcontractors performing construction, alteration or
repair shall be paid wages at rates not less than those
determined by the Secretary of Labor, in accordance
with subchapter IV of chapter 31 of title 40, United
States Code (known as the `Davis-Bacon Act'), to be
prevailing for the corresponding classes of laborers
and mechanics employed on projects of a character
similar to the contract work in the same locality in
which the work is to be performed. The Secretary of
Labor shall have, with respect to the labor standards
specified in this subparagraph, the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145
of title 40, United States Code.
``(G) Annual reports by loan recipients.--Each
recipient of a loan issued by a State under paragraph
(1) shall, not less frequently than once each year
during the term of the loan, submit to such State a
report containing such information as the Secretary may
specify for purposes of the Program, including
information that the Secretary can use to determine
whether a recipient of a loan is required to repay the
loan under subparagraph (E).
``(3) Annual reports by grant recipients.--Each recipient
of a grant under the Program shall, not less frequently than
once each year, submit to the Secretary a report on the impact
of each loan issued by the State under the Program and the
aggregate impact of all loans so issued, including the
following:
``(A) The sales increased or retained.
``(B) Cost savings or costs avoided.
``(C) Additional investment encouraged.
``(D) Jobs created or retained.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000,000 for each of
fiscal years 2010 and 2011.''.
SEC. 3. CLEAN ENERGY AND EFFICIENCY MANUFACTURING PARTNERSHIPS.
(a) Hollings Manufacturing Partnership Program.--Section 25(b) of
the National Institute of Standards and Technology Act (15 U.S.C.
278k(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the establishment of a clean energy manufacturing
supply chain initiative--
``(A) to support manufacturers in their
identification of and diversification to new markets,
including support for manufacturers transitioning to
the use of clean energy supply chains;
``(B) to assist manufacturers improve their
competitiveness by reducing energy intensity and
greenhouse gas production, including the use of energy
intensive feedstocks;
``(C) to increase adoption and implementation of
innovative manufacturing technologies;
``(D) to coordinate and leverage the expertise of
the National Laboratories and Technology Centers and
the Industrial Assessment Centers of the Department of
Energy to meet the needs of manufacturers; and
``(E) to identify, assist, and certify
manufacturers seeking loans under section 27(e)(1).''.
(b) Reduction in Cost Share Requirements.--Section 25(c) of such
Act (15 U.S.C. 278k(c)) is amended--
(1) in paragraph (1), by inserting ``or as provided in
paragraph (5)'' after ``not to exceed six years'';
(2) in paragraph (3)(B), by striking ``not less than 50
percent of the costs incurred for the first 3 years and an
increasing share for each of the last 3 years'' and inserting
``50 percent of the costs incurred or such lesser percentage of
the costs incurred as determined appropriate by the Secretary
by rule''; and
(3) in paragraph (5)--
(A) by striking ``at declining levels'';
(B) by striking ``one third'' and inserting ``50
percent''; and
(C) by inserting ``, or such lesser percentage as
determined appropriate by the Secretary by rule,''
after ``maintenance costs''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the Hollings
Manufacturing Partnership Program authorized under sections 25 of the
National Institute of Standards and Technology Act (15 U.S.C. 278k) and
for the provision of assistance under section 26 of such Act (15 U.S.C.
278l)--
(1) $200,000,000 for fiscal year 2010;
(2) $250,000,000 for fiscal year 2011;
(3) $300,000,000 for fiscal year 2012;
(4) $350,000,000 for fiscal year 2013; and
(5) $400,000,000 for fiscal year 2014.
SEC. 4. TECHNICAL AMENDMENTS.
(a) Amendment to National Institute of Standards and Technology
Act.--Section 25 of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(b)) is amended--
(1) in subsection (a), by striking ``(hereafter in this Act
referred to as the `Centers')''; and
(2) by adding at the end the following:
``(g) Designation.--
``(1) Hollings manufacturing partnership program.--The
program under this section shall be known as the `Hollings
Manufacturing Partnership Program'.
``(2) Hollings manufacturing extension centers.--The
Regional Centers for the Transfer of Manufacturing Technology
created and supported under subsection (a) shall be known as
the `Hollings Manufacturing Extension Centers' (in this Act
referred to as the `Centers').''.
(b) Amendment to Consolidated Appropriations Act, 2005.--Division B
of title II of the Consolidated Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 2879; 15 U.S.C. 278k note) is amended under the
heading ``industrial technology services'' by striking ``2007: Provided
further, That'' and all that follows through ``Extension Centers.'' and
inserting ``2007.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science and Technology.
Referred to the Subcommittee on Technology and Innovation.
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