SUBCHAPTER III—FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Part A—Nuclear Energy Infrastructure
§18751. Infrastructure planning for micro and small modular nuclear reactors
(a) Definitions
In this section:
(1) Advanced nuclear reactor
The term "advanced nuclear reactor" has the meaning given the term in
(2) Isolated community
The term "isolated community" has the meaning given the term in
(3) Micro-reactor
The term "micro-reactor" means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts.
(4) National Laboratory
The term "National Laboratory" has the meaning given the term in
(5) Small modular reactor
The term "small modular reactor" means an advanced nuclear reactor—
(A) with a rated capacity of less than 300 electrical megawatts; and
(B) that can be constructed and operated in combination with similar reactors at a single site.
(b) Report
Not later than 180 days after November 15, 2021, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro-reactors and small modular reactors.
(c) Elements
The report required by subsection (b) shall address the following:
(1) An evaluation by the Department of current resilience and carbon reduction requirements for energy for facilities of the Department to determine whether changes are needed to address—
(A) the need to provide uninterrupted power to facilities of the Department for at least 3 days during power grid failures;
(B) the need for protection against cyber threats and electromagnetic pulses; and
(C) resilience to extreme natural events, including earthquakes, volcanic activity, tornados, hurricanes, floods, tsunamis, lahars, landslides, seiches, a large quantity of snowfall, and very low or high temperatures.
(2) A strategy of the Department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the Department.
(3) A strategy to partner with private industry to develop and deploy micro-reactors and small modular reactors to remote communities in order to replace diesel generation and other fossil fuels.
(4) An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro-reactors and small modular reactors and to co-located nuclear facilities with the capability to provide dedicated power to the facility of the Department during a grid outage or failure.
(5) The plans of the Department—
(A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026;
(B) for deploying a small modular reactor to produce energy for use by a facility of the Department in the United States by 2029; and
(C) to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs.
(d) Financial and technical assistance for siting micro-reactors, small modular reactors, and advanced nuclear reactors
(1) In general
The Secretary shall offer financial and technical assistance to entities to conduct feasibility studies for the purpose of identifying suitable locations for the deployment of micro-reactors, small modular reactors, and advanced nuclear reactors in isolated communities.
(2) Requirement
Prior to providing financial and technical assistance under paragraph (1), the Secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities.
(3) Limitation
The Secretary shall not disburse more than 50 percent of the amounts available for financial assistance under this subsection to the National Laboratories.
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Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
§18752. Property interests relating to certain projects and protection of information relating to certain agreements
(a) 1 Property interests relating to federally funded advanced nuclear reactor projects
(1) Definitions
In this section:
(A) Advanced nuclear reactor
The term "advanced nuclear reactor" has the meaning given the term in
(B) Property interest
(i) In general
Except as provided in clause (ii), the term "property interest" means any interest in real property or personal property (as those terms are defined in section 200.1 of title 2, Code of Federal Regulations (as in effect on November 15, 2021)).
(ii) Exclusion
The term "property interest" does not include any interest in intellectual property developed using funding provided under a project described in paragraph (3).
(2) Assignment of property interests
The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3).
(3) Project described
A project referred to in paragraph (2) is—
(A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of November 15, 2021;
(B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading "Nuclear Energy" under the heading "ENERGY PROGRAMS" in title III of division C of the Further Consolidated Appropriations Act, 2020 (
(C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or
(D) a project—
(i) relating to advanced nuclear reactors; and
(ii) for which Federal funding is provided under a program focused on development and demonstration.
(4) Retroactive vesting
The vesting of fee title or any other property interest assigned under paragraph (2) shall be retroactive to the date on which the applicable project first received Federal funding as described in any of subparagraphs (A) through (D) of paragraph (3).
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Editorial Notes
References in Text
The Further Consolidated Appropriations Act, 2020, referred to in subsec. (a)(3)(B), is
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
1 So in original. No subsec. (b) has been enacted.
§18753. Civil nuclear credit program
(a) Definitions
In this section:
(1) Certified nuclear reactor
The term "certified nuclear reactor" means a nuclear reactor that—
(A) competes in a competitive electricity market; and
(B) is certified under subsection (c)(2)(A)(i) to submit a sealed bid in accordance with subsection (d).
(2) Credit
The term "credit" means a credit allocated to a certified nuclear reactor under subsection (e)(2).
(b) Establishment of program
The Secretary shall establish a civil nuclear credit program—
(1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and
(2) to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (e) to receive credits under paragraph (2) of that subsection.
(c) Certification
(1) Application
(A) In general
In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including—
(i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including—
(I) the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated;
(II) any private or publicly available data with respect to current or projected bulk power market prices;
(III) out-of-market revenue streams;
(IV) operations and maintenance costs;
(V) capital costs, including fuel; and
(VI) operational and market risks;
(ii) an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations;
(iii) known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and
(iv) a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated—
(I) without receiving additional credits; or
(II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period.
(B) Timeline
The Secretary shall accept applications described in subparagraph (A)—
(i) until the date that is 120 days after November 15, 2021; and
(ii) not less frequently than every year thereafter.
(C) Payments from State programs
(i) In general
The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on November 15, 2021.
(ii) Requirement
An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments.
(2) Determination to certify
(A) Determination
(i) In general
Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Secretary shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph.
(ii) Minimum requirements
To the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if—
(I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors;
(II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and
(III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor—
(aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations) 1 of the nuclear reactor; and
(bb) poses no significant safety hazards.
(iii) Priority
In determining whether to certify a nuclear reactor under clause (i), the Secretary shall give priority to a nuclear reactor that uses, to the maximum extent available, uranium that is produced, converted, enriched, and fabricated into fuel assemblies in the United States.
(B) Notice
For each application received under paragraph (1)(A), the Secretary shall provide to the applicable owner or operator, as applicable—
(i) a notice of the certification of the applicable nuclear reactor; or
(ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied.
(d) Bidding process
(1) In general
Subject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that—
(A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in subsection (c)(1)(A)(i)(I); and
(B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated.
(2) Requirement
The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Secretary has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection.
(e) Allocation
(1) Auction
Notwithstanding
(A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and
(B) select certified nuclear reactors to be allocated credits.
(2) Credits
Subject to subsection (f)(2), on selection under paragraph (1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of the selection.
(3) Requirement
To the maximum extent practicable, the Secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible.
(f) Renewal
(1) In general
The owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section.
(2) Limitation
Notwithstanding any other provision of this section, the Secretary may not allocate any credits after September 30, 2031.
(g) Additional requirements
(1) Audit
During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Secretary shall periodically audit the certified nuclear reactor.
(2) Recapture
The Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)—
(A) terminates operations; or
(B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor.
(3) Confidentiality
The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used.
(h) Report
Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include—
(1) an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability;
(2) a quantification of the ratepayer savings achieved under this section; and
(3) any recommendations to renew or expand the credits.
(i) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026.
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Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
1 So in original. Probably should be followed by a second closing parenthesis.
Part B—Miscellaneous
§18761. Clean energy demonstration program on current and former mine land
(a) Definitions
In this section:
(1) Clean energy project
The term "clean energy project" means a project that demonstrates 1 or more of the following technologies:
(A) Solar.
(B) Micro-grids.
(C) Geothermal.
(D) Direct air capture.
(E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration.
(F) Energy storage, including pumped storage hydropower and compressed air storage.
(G) Advanced nuclear technologies.
(2) Economically distressed area
The term "economically distressed area" means an area described in
(3) Mine land
The term "mine land" means—
(A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (
(B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the "Mining Law of 1872") (
(4) Program
The term "program" means the demonstration program established under subsection (b).
(b) Establishment
The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land.
(c) Selection of demonstration projects
(1) In general
In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects.
(2) Eligibility
To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability.
(3) Priority
In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will—
(A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project;
(B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions;
(C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project;
(D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly—
(i) in economically distressed areas; and
(ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;
(E) have the greatest potential for technological innovation and commercial deployment;
(F) have the lowest levelized cost of generated or stored energy;
(G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and
(H) have the shortest project time from permitting to completion.
(4) Project selection
The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor.
(5) Compatibility with existing operations
Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm—
(A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and
(B) the valid existing rights of any mining claimholders or operators.
(d) Consultation
The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites.
(e) Technical assistance
The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid.
(f) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.
(
Editorial Notes
References in Text
The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (a)(3)(A), is
The Mining Law of 1872, referred to in subsec. (a)(3)(B), is act May 10, 1872, ch. 152,
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of