Ensuring America Gets Legitimate Energy Sourced, Originating, and Leased At home Reliably Act or the EAGLE SOLAR Act
This bill modifies the Buy American Act to apply to solar power purchase agreements.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8124 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8124
To amend section 8302 of title 41, United States Code, to require Buy
American Act requirements to apply to solar power purchase agreements,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2022
Mr. Ryan (for himself, Ms. Kaptur, and Mr. DeFazio) introduced the
following bill; which was referred to the Committee on Oversight and
Reform
_______________________________________________________________________
A BILL
To amend section 8302 of title 41, United States Code, to require Buy
American Act requirements to apply to solar power purchase agreements,
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 ``Ensuring America Gets Legitimate
Energy Sourced, Originating, and Leased At home Reliably Act'' or the
``EAGLE SOLAR Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Solar cells were first invented in the United States in
1954 at Bell Labs. The United States went on to lead the world
in the 1960's and 1970's in the development of this technology
with the help of government-funded research and development and
private research organizations.
(2) In 2005, the State Council of the People's Republic of
China (PRC) identified solar power as a key strategic growth
industry. The Chinese Government subsequently poured billions
of dollars into their solar industry and funded massive losses
for solar companies to corner the global market. By 2011,
China's share of global solar manufacturing exceeded 60
percent.
(3) In October 2012, the Department of Commerce released
its affirmative final determination that Chinese producers and
exporters had been selling solar cells in the United States at
dumping margins ranging from 18.32 to 249.96 percent. Commerce
also determined that Chinese producers and exporters had
received countervailable subsidies of 14.78 to 15.97 percent.
(4) In January 2018, the United States implemented
safeguard tariffs on solar cells and modules imported from
China based on the investigations, findings, and
recommendations of the independent, bipartisan U.S.
International Trade Commission (ITC).
(5) Several United States solar module manufacturers
substantially increased production because of the 2018 tariffs
on imported solar cells and modules. The ITC found that from,
``2012 to 2016, the volume of solar generation capacity
installed annually in the United States more than tripled,
spurred on by artificially low-priced solar cells and modules
from China''. According to the ITC, in the same period,
``imports grew by approximately 500 percent, and prices dropped
precipitously. Prices for solar cells and modules fell by 60
percent, to a point where most U.S. producers ceased domestic
production, moved their facilities to other countries, or
declared bankruptcy.''. The ITC determined increased solar cell
and module imports to be a substantial cause of serious injury
to the domestic industry.
(6) In the years since, the PRC has attempted to circumvent
United States tariffs by shifting production to Malaysia,
Thailand, Vietnam, and Cambodia, an issue the Department of
Commerce is currently investigating.
(7) Renewable energy is among the key industries of the
Chinese Communist Party's Made in China 2025 strategic plan,
and it is therefore crucial that Congress appropriate necessary
funds and pursue policies that drive innovation, encourage
investment, and spur growth in this sector.
(8) Made in China 2025 includes self-sufficiency quotas
that violate World Trade Organization rules against technology
substitution. The PRC has repeatedly chosen to ignore free
market norms and flout rules-based trade through foreign
acquisitions, forced technology transfer agreements, and
commercial cyber espionage, in addition to other restrictive
market practices.
(9) The PRC has 64 percent of global production capacity of
polysilicon, a key raw material in the solar panel supply
chain. Approximately half of China's polysilicon production
occurs in the western Xinjiang province, where the PRC relies
on coal-fired power plants and forced Uyghur labor to account
for about half of today's global polysilicon output.
(10) The United States has recognized the ongoing genocide
of the Uyghurs in Xinjiang and has prioritized combating forced
labor with the overwhelmingly bipartisan passage and December
23, 2021, signing of the Uyghur Forced Labor Prevention Act.
(11) Over 1.3 million photovoltaic systems were installed
in the United States in 2016, more than four times the level of
2012. The American solar industry employed approximately
249,983 people in the United States in 2019, a 167 percent
increase from the number of people employed in the industry in
2010.
(12) According to the Department of Energy, solar could
account for as much as 40 percent of the Nation's electricity
supply by 2035 and 45 percent by 2050.
(13) Significant majorities of Americans support the
domestic manufacturing of solar panels, adding solar panel
farms, and expanding the Buy American Act to further support
United States domestic solar manufacturers. Most Americans
support expanding the Buy American Act so that the Federal
Government is required to purchase renewable energy produced by
equipment manufactured in the United States.
(14) A resilient domestic solar supply chain will become
increasingly vital to the economic, energy, and national
security of the United States. The solar energy used to power
the Federal Government cannot come from solar panels produced
in coal-fired power plants, by forced labor, and shipped from
the PRC. Expanding Buy American to include solar power purchase
agreements will ensure that the renewable energy that powers
the Federal Government comes from domestically manufactured
solar panels.
SEC. 3. APPLICATION OF THE BUY AMERICAN ACT TO SOLAR POWER PURCHASE
AGREEMENTS.
(a) Amendments.--Chapter 83 of title 41, United States Code, is
amended--
(1) in section 8301, by adding at the end the following new
paragraphs:
``(4) 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.
``(5) 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.
``(6) Solar power purchase agreement.--The term `solar
power purchase agreement' means an energy savings performance
contract authorized under section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287), a contract under
section 2922a of title 10, a utility energy service contract
authorized under section 546 of the National Energy
Conservation Policy Act (42 U.S.C. 8256), or other agreement of
the Federal Government, to acquire electricity or, in the case
of a renewable energy certificate or similar instrument, solar
energy attributes, produced by--
``(A) solar modules, including integrated modules,
installed or otherwise used on Government property or
at a facility owned or controlled by the Government; or
``(B) a facility that uses solar energy to generate
electricity where any of the electricity generated is
reserved for the use or benefit of the Government.'';
(2) in section 8302, by adding at the end the following new
subsection:
``(d) Applicability to Solar Power Purchase Agreements.--This
section applies with respect to any solar module, including any
integrated module, that is used to generate electricity provided under
a solar power purchase agreement.''; and
(3) in section 8303, by adding at the end the following new
subsection:
``(e) Applicability to Solar Power Purchase Agreements.--This
section applies with respect to any solar module, including any
integrated module, that is used to generate electricity provided under
a solar power purchase agreement.''.
(b) Applicability.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act and apply
with respect to any solar power purchase agreement entered into on or
after such date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
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