42 U.S.C. § 18851 — Wage rate requirements

Page 9250 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18851 megawatts connecting at either distribution or transmission voltage levels to identify bar- riers to the deployment of combined heat and power systems and waste heat to power sys- tems. (2) Inclusion The review under this subsection shall in- clude a review of existing rules and procedures relating to— (A) determining and assigning costs of interconnection service and additional serv- ices; and (B) ensuring adequate cost recovery by an electric utility for interconnection service and additional services. (c) Model guidance (1) In general Not later than 18 months after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and addi- tional services for consideration by State reg- ulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1). (2) Current best practices The model guidance issued under this sub- section shall reflect, to the maximum extent practicable, current best practices to encour- age the deployment of combined heat and power systems and waste heat to power sys- tems while ensuring the safety and reliability of the interconnected units and the distribu- tion and transmission networks to which the units connect, including— (A) relevant current standards developed by the Institute of Electrical and Electronic Engineers; and (B) model codes and rules adopted by— (i) States; or (ii) associations of State regulatory agencies. (3) Factors for consideration In establishing the model guidance under this subsection, the Secretary shall take into consideration— (A) the appropriateness of using standards or procedures for interconnection service that vary based on unit size, fuel type, or other relevant characteristics; (B) the appropriateness of establishing fast-track procedures for interconnection service; (C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of November 15, 2021; (D) the best practices used to model out- age assumptions and contingencies to deter- mine fees or rates for additional services; (E) the appropriate duration, magnitude, or usage of demand charge ratchets; (F) potential alternative arrangements with respect to the procurement of addi- tional services, including— (i) contracts tailored to individual elec- tric consumers for additional services; (ii) procurement of additional services by an electric utility from a competitive market; and (iii) waivers of fees or rates for addi- tional services for small electric con- sumers; and (G) outcomes such as increased electric re- liability, fuel diversification, enhanced power quality, and reduced electric losses that may result from increased use of com- bined heat and power systems and waste heat to power systems. (Pub. L. 117–58, div. D, title V, § 40556, Nov. 15, 2021, 135 Stat. 1078.) Editorial Notes REFERENCES IN TEXT The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a)(3)(A), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. Title I (§ 101 et seq.) of the Act en- acted subchapters I to IV of chapter 46 (§ 2611 et seq.) of Title 16, Conservation, and section 6808 of this title, and amended sections 6802 to 6807 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16 and Ta- bles. 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 Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. SUBCHAPTER VI—WAGE RATE REQUIREMENTS § 18851. Wage rate requirements (a) Davis-Bacon All laborers and mechanics employed by con- tractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this division or an amend- ment made by this division shall be paid wages at rates not less than those prevailing on simi- lar projects in the locality, as determined by the Secretary of Labor in accordance with sub- chapter IV of chapter 31 of title 40 (commonly referred to as the ‘‘Davis-Bacon Act’’). (b) Authority With respect to the labor standards specified in subsection (a), 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. (Pub. L. 117–58, div. D, title XI, § 41101, Nov. 15, 2021, 135 Stat. 1130.) Editorial Notes REFERENCES IN TEXT This division, referred to in subsec. (a), is div. D of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 923, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classifica- tion of div. D to the Code, see Tables. Page 9251 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18861 1 See References in Text note below. The Davis-Bacon Act, referred to in subsec. (a), is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was re- pealed and reenacted as sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b), is set out in the Appendix to Title 5, Gov- ernment Organization and Employees. SUBCHAPTER VII—MISCELLANEOUS § 18861. Office of Clean Energy Demonstrations (a) Definitions In this section: (1) Covered project The term ‘‘covered project’’ means a dem- onstration project of the Department that— (A) receives or is eligible to receive fund- ing from the Secretary; and (B) is authorized under— (i) this division; or (ii) the Energy Act of 2020 (Public Law 116–260; 134 Stat. 1182).1 (2) Program The term ‘‘program’’ means the program es- tablished under subsection (b). (b) Establishment The Secretary, in coordination with the heads of relevant program offices of the Department, including the Office of Technology Transitions, the Loan Program Office, and all applied pro- gram offices, shall establish a program to con- duct project management and oversight of cov- ered projects, including by— (1) conducting evaluations of proposals for covered projects before the selection of a cov- ered project for funding; (2) conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and (3) ensuring a balanced portfolio of invest- ments in covered projects. (c) Duties The Secretary shall appoint a head of the pro- gram who shall, in coordination with the heads of relevant program offices of the Department— (1) evaluate proposals for covered projects, including scope, technical specifications, ma- turity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based on economic and policy projections; (2) develop independent cost estimates for a proposal for a covered project, if appropriate; (3) recommend to the head of a program of- fice of the Department, as appropriate, wheth- er to fund a proposal for a covered project; (4) oversee the execution of covered projects that receive funding from the Secretary, in- cluding reconciling estimated costs as com- pared to actual costs; (5) conduct reviews of ongoing covered projects, including— (A) evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones; and (B) providing the evaluations under sub- paragraph (A) to the Secretary; and (6) assess the lessons learned in overseeing covered projects and implement improvements in the process of evaluating and overseeing covered projects. (d) Employees To carry out the program, the Secretary may hire appropriate personnel, including by using the authorities in section 19321 of this title, to perform the duties of the program. (e) Additional authority The Secretary may solicit, select, and manage covered projects directly through the program. (f) Project termination Should an ongoing covered project receive an unfavorable review under subsection (c)(5), the Secretary or their designee may cease funding the covered project and reallocate the remaining funds to new or existing covered projects carried out by that program office. (g) Coordination In carrying out the program, the head of the program shall coordinate with— (1) project management and acquisition management entities with the Department, in- cluding the Office of Project Management; and (2) professional organizations in project management, construction, cost estimation, and other relevant fields. (h) Reports (1) Report by Secretary In accordance with section 16391a of this title, the Secretary shall include in each up- dated technology transfer execution plan sub- mitted under subsection (h)(2) of section 16391 of this title information on the implementa- tion of and progress made under the program, including, for the year covered by the report— (A) the covered projects under the purview of the program; and (B) the review of each covered project car- ried out under subsection (c)(5). (2) Report by Comptroller General Not later than 3 years after November 15, 2021, the Comptroller General of the United States shall submit to the Committee on En- ergy and Natural Resources of the Senate and the Committee on Science, Space, and Tech- nology of the House of Representatives a re- port evaluating the operation of the program, including— (A) a description of the processes and pro- cedures used by the program to evaluate proposals of covered projects and the over- sight of covered projects; and (B) any recommended changes in the pro- gram, including changes to— (i) the processes and procedures de- scribed in subparagraph (A); and (ii) the structure of the program, for the purpose of better carrying out the pro- gram.