Reclaiming the Solar Supply Chain Act of 2021
This bill requires the Department of Energy to establish a program to award grants and loans to support a solar component manufacturing supply chain. Under the program, grants and loans must be used for (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture solar components.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5332 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5332
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 HOUSE OF REPRESENTATIVES
September 22, 2021
Mrs. Demings (for herself, Mr. Michael F. Doyle of Pennsylvania, Mrs.
Dingell, Ms. Slotkin, and Mr. Carson) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclaiming the Solar Supply Chain
Act of 2021''.
SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE.
(a) Findings.--The Congress finds that it is in the interest of the
United States--
(1) to have a viable solar component manufacturing supply
chain; and
(2) to reduce the reliance of United States manufacturers
on solar components made in China.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and carry out a
program to award grants and loans to eligible entities to carry out
projects in the United States for--
(1) the construction of new facilities that manufacture
solar components; and
(2) retooling, retrofitting, or expanding existing
facilities that manufacture solar components.
(c) Prioritization.--In awarding grants and loans under the
program, the Secretary shall give priority to projects--
(1) that are strategically located near manufacturers in
the solar component manufacturing supply chain to create a
geographic concentration of manufacturers in the solar
component manufacturing supply chain;
(2) that have the greatest potential to reduce the reliance
of United States manufacturers on solar components made in
China; and
(3) that--
(A) provide the greatest potential for both direct
and indirect domestic job creation;
(B) result in economic development or economic
diversification in economically distressed regions or
localities; or
(C) will create the greatest number of jobs for
low-income communities, dislocated workers, and workers
from groups that are underrepresented in the
manufacturing industry.
(d) Advanced Solar Technology.--The Secretary may issue a written
finding on whether any advanced solar technology has significant
potential to reduce the reliance of United States manufacturers on
traditional solar components made in China.
(e) Prohibition.--In carrying out the program, the Secretary may
not award grants or loans for projects that will source solar
components from, or supply their solar components to, facilities that
use forced labor.
(f) Application.--To be eligible to receive a grant or loan under
the program, 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.
(g) Loan Conditions.--A loan made under the program shall--
(1) not exceed an amount that is equal to 50 percent of the
cost of the applicable project;
(2) bear interest at a rate that does not exceed a level
that the Secretary determines appropriate, taking into account
the prevailing rate of interest in the private sector for
similar loans and risks; and
(3) be subject to such other terms and conditions as the
Secretary determines appropriate.
(h) Cost Sharing for Grants.--Section 988(c) of the Energy Policy
Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this
section.
(i) Prevailing Wages.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work funded directly,
or assisted in whole or in part, by the Federal Government pursuant to
this Act shall be paid wages at rates not less than those prevailing on
work of a similar character in the locality, as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon Act). With
respect to the labor standards in this subsection, the Secretary of
Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(j) Labor Organization.--
(1) In general.--Notwithstanding the National Labor
Relations Act (29 U.S.C. 151 et seq.), paragraphs (2) through
(5) shall apply with respect to any funding recipient under
this Act who is an employer and any labor organization who
represents employees of such a funding recipient.
(2) Neutrality requirement.--An employer shall remain
neutral with respect to the exercise of employees and labor
organizations of the right to organize and bargain under the
National Labor Relations Act (29 U.S.C. 151 et seq.).
(3) Commencement of collective bargaining.--Not later than
10 days after receiving a written request for collective
bargaining from a labor organization that has been newly
recognized or certified as a representative under section 9(a)
of the National Labor Relations Act (29 U.S.C. 159(a)), or
within such further period as the parties agree upon, the
parties shall meet and commence to bargain collectively and
shall make every reasonable effort to conclude and sign a
collective bargaining agreement.
(4) Mediation and conciliation for failure to reach a
collective bargaining agreement.--
(A) In general.--If the parties have failed to
reach an agreement before the date that is 90 days
after the date on which bargaining is commenced under
paragraph (3), or any later date agreed upon by both
parties, either party may notify the Federal Mediation
and Conciliation Service of the existence of a dispute
and request mediation.
(B) Federal mediation and conciliation service.--
Whenever a request is received under subparagraph (A),
the Director of the Federal Mediation and Conciliation
Service shall promptly communicate with the parties and
use best efforts, by mediation and conciliation, to
bring them to agreement.
(5) Tripartite arbitration panel.--
(A) In general.--If the Federal Mediation and
Conciliation Service is not able to bring the parties
to agreement by mediation or conciliation before the
date that is 30 days after the date on which such
mediation or conciliation is commenced, or any later
date agreed upon by both parties, the Service shall
refer the dispute to a tripartite arbitration panel
established in accordance with such regulations as may
be prescribed by the Service, with one member selected
by the labor organization, one member selected by the
employer, and one neutral member mutually agreed to by
the parties.
(B) Dispute settlement.--A majority of the
tripartite arbitration panel shall render a decision
settling the dispute and such decision shall be binding
upon the parties for a period of two years, unless
amended during such period by written consent of the
parties. Such decision shall be based on--
(i) the employer's financial status and
prospects;
(ii) the size and type of the employer's
operations and business;
(iii) the employees' cost of living;
(iv) the employees' ability to sustain
themselves, their families, and their
dependents on the wages and benefits they earn
from the employer; and
(v) the wages and benefits that other
employers in the same business provide their
employees.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $9,500,000,000, to be made available
for the period of fiscal years 2022 through 2026.
(l) Definitions.--In this Act:
(1) Advanced solar technology.--The term ``advanced solar
technology'' means any new or emerging technology, system, or
mechanism that uses solar radiation to generate electrical
energy, and any component thereof.
(2) Direct current optimizer.--The term ``direct current
optimizer'' means a product which converts direct current
electricity from one or more solar modules or advanced solar
technologies to a different direct current voltage that is
matched to the input requirements of an inverter.
(3) Eligible entity.--The term ``eligible entity'' means a
private entity, including a manufacturer, or a partnership of
private entities.
(4) Forced labor.--The term ``forced labor'' has the
meaning given such term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(5) Integrated module.--The term ``integrated module''
means a solar module produced by a single manufacturer through
the conversion of a photovoltaic wafer or other semiconductor
material into an end product which is--
(A) suitable to generate electricity when exposed
to sunlight; and
(B) ready for installation without additional
manufacturing processes.
(6) Inverter.--The term ``inverter'' means a product which
converts direct current electricity from one or more solar
modules or advanced solar technologies into alternating current
electricity.
(7) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(8) Parties.--The term ``parties'' means a labor
organization that is newly recognized or certified as a
representative under section 9(a) of the National Labor
Relations Act (29 U.S.C. 159(a)) and the employer of the
employees represented by such organization.
(9) Photovoltaic cell.--The term ``photovoltaic cell''
means the smallest semiconductor element of a solar module
which performs the immediate conversion of light into
electricity.
(10) Photovoltaic wafer.--The term ``photovoltaic wafer''
means a thin slice or sheet of semiconductor material of at
least 240 square centimeters produced by a single
manufacturer--
(A) either--
(i) directly from molten solar grade
polysilicon; or
(ii) through formation of an ingot from
molten polysilicon and subsequent slicing; and
(B) which comprises the substrate of a photovoltaic
cell.
(11) Program.--The term ``program'' means the program
established under subsection (b).
(12) Racking.--The term ``racking'' means a structural
steel or aluminum support element, of any cross-section shape
and which may be assembled from individually manufactured
segments, spanning longitudinally, on which solar modules are
supported.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) Solar component.--The term ``solar component''
includes an integrated module, a photovoltaic cell, a
photovoltaic wafer, solar grade polysilicon, a solar module, an
inverter, racking, a tracker, a direct current optimizer, and
any advanced solar technology for which the Secretary has
issued a written finding under subsection (d) that such
advanced solar technology has significant potential to reduce
the reliance of United States manufacturers on traditional
solar components made in China.
(15) Solar grade polysilicon.--The term ``solar grade
polysilicon'' means silicon which is--
(A) suitable for use in photovoltaic manufacturing;
and
(B) purified to a minimum purity of 99.999999
percent silicon by mass.
(16) Solar module.--The term ``solar module'' means the
connection and lamination of photovoltaic cells into an
environmentally protected final assembly which is--
(A) suitable to generate electricity when exposed
to sunlight; and
(B) ready for installation without an additional
manufacturing process.
(17) Tracker.--The term ``tracker'' means--
(A) a structural steel support on which solar
modules are supported; and
(B) the mechanism by which that support is oriented
to varying angles with respect to the sun's position.
(18) Traditional solar component.--The term ``traditional
solar component'' means an integrated module, a photovoltaic
cell, a photovoltaic wafer, solar grade polysilicon, and a
solar module.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy.
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