Reclaiming the Solar Supply Chain Act of 2023
This bill requires the Department of Energy (DOE) to establish a program that awards grants and direct loans to support a solar component manufacturing supply chain. Under the program, DOE must award grants and loans to manufacturers and other eligible entities for (1) constructing new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture solar components.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1643 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1643
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 SENATE OF THE UNITED STATES
May 17, 2023
Ms. Cortez Masto (for herself, Ms. Baldwin, Mr. Brown, and Mrs.
Feinstein) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
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 2023''.
SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE.
(a) Definitions.--In this section:
(1) Advanced solar technology.--The term ``advanced solar
technology'' means any new or emerging technology, system, or
mechanism, or component thereof, that uses solar radiation to
generate electrical energy.
(2) Direct current optimizer.--The term ``direct current
optimizer'' means a product that converts direct current
electricity from 1 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) Direct loan.--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).
(4) Eligible entity.--The term ``eligible entity'' means a
private entity, including a manufacturer, or a partnership of
private entities.
(5) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in section 2 of
the National Labor Relations Act (29 U.S.C. 152).
(6) Forced labor.--The term ``forced labor'' has the
meaning given the term in section 307 of the Tariff Act of 1930
(19 U.S.C. 1307).
(7) 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 that--
(A) is suitable to generate electricity when
exposed to sunlight; and
(B) is ready for installation without additional
manufacturing processes.
(8) Inverter.--The term ``inverter'' means a product that
converts direct current electricity from 1 or more solar
modules or advanced solar technologies into alternating current
electricity.
(9) 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).
(10) Non-allied foreign nation.--The term ``non-allied
foreign nation'' has the meaning given the term ``covered
nation'' in section 4872(d)(2) of title 10, United States Code.
(11) Photovoltaic cell.--The term ``photovoltaic cell''
means the smallest semiconductor element of a solar module that
performs the immediate conversion of light into electricity.
(12) Photovoltaic wafer.--The term ``photovoltaic wafer''
means a thin slice, sheet, or layer of semiconductor material
of at least 240 square centimeters produced by a single
manufacturer--
(A)(i) directly from molten solar grade polysilicon
or deposition of solar grade thin film semiconductor
photon absorber layer; or
(ii) through formation of an ingot from molten
polysilicon and subsequent slicing; and
(B) that comprises the substrate or absorber layer
of 1 or more photovoltaic cells.
(13) Program.--The term ``program'' means the program
established under subsection (c).
(14) Racking.--The term ``racking'' means a structural
steel or aluminum support element, of any cross-section shape
and that may be assembled from individually manufactured
segments, spanning longitudinally, on which solar modules are
supported.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(16) Solar component.--The term ``solar component'' means--
(A) an integrated module;
(B) a photovoltaic cell;
(C) a photovoltaic wafer;
(D) solar grade polysilicon;
(E) a solar module;
(F) an inverter;
(G) racking;
(H) a tracker;
(I) a direct current optimizer; and
(J) any advanced solar technology for which the
Secretary has issued a written finding under subsection
(g).
(17) Solar grade polysilicon.--The term ``solar grade
polysilicon'' means silicon that--
(A) is suitable for use in photovoltaic
manufacturing; and
(B) is purified to a minimum purity of 99.999999
percent silicon by mass.
(18) Solar module.--The term ``solar module'' means the
connection and lamination of photovoltaic cells into an
environmentally protected final assembly that--
(A) is suitable to generate electricity when
exposed to sunlight; and
(B) is ready for installation without an additional
manufacturing process.
(19) 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 position of the
sun.
(20) Traditional solar component.--The term ``traditional
solar component'' means--
(A) an integrated module;
(B) a photovoltaic cell;
(C) a photovoltaic wafer;
(D) solar grade polysilicon; and
(E) a solar module.
(b) Findings.--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 the People's Republic of China.
(c) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to award
grants and direct 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, or have the ability to
manufacture, solar components.
(d) Application.--To be eligible to receive a grant or direct 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.
(e) Selection.--In awarding grants and direct loans under the
program, the Secretary shall take into consideration whether a project
proposed by an eligible entity--
(1) is 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) has potential to materially reduce the reliance of
United States manufacturers on solar components, including
solar grade polysilicon and photovoltaic wafers, made in a non-
allied foreign nation;
(3) has potential for direct and indirect domestic job
creation, including jobs for low-income communities, dislocated
workers, and workers from groups that are underrepresented in
the manufacturing industry; and
(4) will result in economic development or economic
diversification in economically distressed regions or
localities.
(f) Direct Loan Conditions.--A direct loan made under the program
shall--
(1) bear interest at a rate that does not exceed a level
that the Secretary determines appropriate; and
(2) be subject to such other terms and conditions as the
Secretary determines appropriate.
(g) Advanced Solar Technology Finding.--The Secretary may issue a
written finding that an advanced solar technology has significant
potential to reduce the reliance of United States manufacturers on
traditional solar components made in a non-allied foreign nation.
(h) Prohibition.--In carrying out the program, the Secretary may
not award a grant or direct loan for a project that will source solar
components from, or supply solar components to, facilities that use
forced labor or are owned and operated by a non-allied foreign nation.
(i) 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 the
program.
(j) Prevailing Wages.--
(1) In general.--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 section 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, in accordance with subchapter IV of chapter 31 of part A
of subtitle II of title 40, United States Code (commonly
referred to as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title
40, United States Code.
(k) Labor-Management Cooperation.--
(1) In general.--Notwithstanding any contrary provision of
law, including the National Labor Relations Act (29 U.S.C. 151
et seq.), this subsection shall apply with respect to any
funding recipient under this section who is an employer and any
labor organization who represents, or seeks to represent,
employees of such a funding recipient.
(2) Labor peace.--Any employer receiving funds under this
section shall recognize for purposes of collective bargaining a
labor organization that demonstrates that a majority of the
employees in a unit appropriate for such purposes who perform
or will perform work funded by this section have signed valid
authorizations designating the labor organization as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the
exclusive representative of any of the employees in the unit
who perform or will perform such work pursuant to the National
Labor Relations Act (29 U.S.C. 151 et seq.). Upon such showing
of majority status, the employer shall notify the labor
organization and the National Labor Relations Board that the
employer--
(A) has determined that the labor organization
represents a majority of the employees in such unit who
perform or will perform such work; and
(B) is recognizing the labor organization as the
exclusive representative of the employees in such unit
who perform or will perform such work for the purposes
of collective bargaining pursuant to section 9 of the
National Labor Relations Act (29 U.S.C. 159).
(3) Certification.--If a dispute over majority status or
the appropriateness of the unit described in paragraph (2)
arises between the employer and the labor organization, either
party may request that the National Labor Relations Board
investigate and resolve the dispute. If the Board finds that a
majority of the employees in a unit appropriate for purposes of
collective bargaining who perform or will perform work funded
under this section has signed valid authorizations designating
the labor organization as their bargaining representative and
that no other individual or labor organization is currently
certified or recognized as the exclusive representative of any
of the employees in the unit who perform or will perform such
work pursuant to the National Labor Relations Act, the Board
shall not direct an election but shall certify the labor
organization as the representative described in section 9(a) of
the National Labor Relations Act (29 U.S.C. 159(a)) with
respect to such employees.
(4) Commencement of collective bargaining.--Not later than
10 days after an employer receiving funding under this section
receives a written request for collective bargaining from a
recognized or certified labor organization representing
employees who perform or will perform work funded under this
section, or within such period as the parties agree upon, the
labor organization and employer shall meet and commence to
bargain collectively and shall make every reasonable effort to
conclude and sign a collective bargaining agreement.
(5) Mediation.--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 (4), 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. Upon receiving such a request,
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.
(6) Arbitration.--
(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 a request
for mediation is made under paragraph (5), 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.
(B) Members.--A tripartite arbitration panel
established under this paragraph with respect to a
dispute shall be composed of 1 member selected by the
labor organization, 1 member selected by the employer,
and 1 neutral member mutually agreed to by the parties.
The labor organization and employer shall each select
the members of the tripartite arbitration panel within
14 days of the Service's referral. Any member not so
selected by such date shall be selected by the Service.
(C) Dispute settlement.--A majority of a tripartite
arbitration panel established under this paragraph with
respect to a dispute shall render a decision settling
the dispute as soon as practicable, and (absent
extraordinary circumstances or by agreement or
permission of the parties) not later than 120 days
after the establishment of such panel. Such a decision
shall be binding upon the parties for a period of 2
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.
(7) Subcontractors.--Any employer receiving funds under
this section shall require any subcontractor whose employees
perform, or will perform, work funded under this section to
comply with the requirements set forth in this subsection.
(l) Funds.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$600,000,000 for each of fiscal years 2024 through 2028.
(2) Costs of direct loans.--The Secretary may use any
amounts made available under paragraph (1) to pay the costs of
providing direct loans under the program.
(3) Set aside.--Not less than $20,000,000 of the amount
made available to carry out this section each fiscal year under
paragraph (1) shall be used to award grants or direct loans
under the program to eligible entities that are small
businesses located in economically disadvantaged communities.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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