Resilience in the Infrastructure Investment and Jobs Act (IIJA)

 

Energy, Buildings, & Development


Energy infrastructure is the backbone of daily life, and it can be highly susceptible to climate impacts like extreme heat, extreme cold, hurricanes and storms, or other events that cause over-usage and risk damage to transmission equipment. States, tribes, and communities are working to build resilience to these events to keep vital energy flowing through communities at all times.

As stated in GCC's Equitable Adaptation Legal and Policy Toolkit, "[g]overnments and utilities are making significant investments in renewable and clean energy in response to the transformation of the energy system. Investments are being made to modernize the grid, which entails improving transmission infrastructure to make it 'smarter' and more resilient through the use of cutting-edge technologies, equipment, and controls that communicate and work together to deliver electricity more reliably and efficiently. Transforming energy systems can include efforts to protect electric power infrastructure against the impacts of climate change by limiting the frequency and duration of power outages, reducing storm impacts, and restoring service faster when outages occur. These measures can also reduce the output of greenhouse gases (GHG) and pollution by energy systems by introducing more renewable energy. Renewable energy is energy that is collected from renewable resources, which are naturally replenished, such as sunlight, wind, rain, tides, waves, and geothermal heat."

IIJA provides a mix of funding for new and existing energy programs and projects administered by the Department of Energy (DOE), the Department of the Interior, the Environmental Protection Agency, and Department of Health and Human Services (HHS). This section highlights the energy programs that have specific resilience features. For example, IIJA provides $1B for the DOE’s new program, Electric Grid Reliability and Resilience Research, Development, and Demonstration, which is aimed at enhancing regional grid resilience. Regarding existing programs, IIJA provides over $3B for DOE’s long-standing Weatherization Assistance Program and $500M for HHS’s Low Income Home Energy Assistance Program.

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of August 18, 2022.


Grant Programs

Preventing Outages and Enhancing the Resilience of the Electric Grid (New)

  • Section 40101, Page 495
  • Agency: Department of Energy
  • Description: Grants for activities that “reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire” or “increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events.”See footnote 1
  • Funding: $5B for the period of fiscal years 2022 through 2026. 
  • Eligible Entities: An electric grid operator, an electricity storage operator, an electricity generator, a transmission owner or operator, a distribution provider, a fuel supplier, and any other relevant entity, as determined by the Department of Energy. 
  • Does Justice40 Apply?: Yes

Electric Grid Reliability and Resilience Research, Development, and Demonstration (New)

  • Section 40103, Page 500
  • Agency: Department of Energy
  • Description: The Department of Energy “shall establish a program, to be known as the ‘Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency’, to provide, on a competitive basis, Federal financial assistance.”See footnote 2 “The purpose of the program is to coordinate and collaborate with electric sector owners and operators— (A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and (B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis.”See footnote 3
  • Funding: $1B for the period of fiscal years 2022 through 2026. 
  • Eligible Entities: States, a combination of two or more states, tribes, local governments, and a public utility commission. 

Cost-Effective Codes Implementation for Efficiency and Resilience (New)

  • Section 40511, Page 630
  • Agency: Department of Energy 
  • Description: The Department of Energy shall establish a competitive grant program “to enable sustained cost-effective implementation of updated building energy codes.”See footnote 4
  • Funding: $225M for the period of fiscal years 2022 through 2026.
  • Eligible Entities: Relevant state agencies (e.g., state building code agency, state energy office, or tribal energy office) and partnerships (a partnership between an eligible entity and one or more of the following entities: local building code agencies, codes and standards developers, associations of builders and design and construction professionals, Local and utility energy efficiency programs, consumer, energy efficiency, and environmental advocates, and other entities, as determined by the Secretary.)
  • Does Justice40 Apply?: Yes

Weatherization Assistance Program

  • Section 40551, Page 647
  • Agency: Department of Energy
  • Description: Funding for the Department of Energy’s Weatherization Assistance Program, which is established under the Energy Conservation and Production Act. The Weatherization Assistance Program “reduces energy costs for low-income households by increasing the energy efficiency of their homes, while ensuring their health and safety. The program supports 8,500 jobs and provides weatherization services to approximately 35,000 homes every year using DOE funds.”See footnote 5
  • Funding: $3.5B for fiscal year 2022, to remain available until expended.
  • Does Justice40 Apply?: Yes

Energy Efficiency and Conservation Block Grant (EECBG) Program

  • Section 40552, Page 648
  • Agency: Department of Energy 
  • DescriptionThe Energy Efficiency and Conservation Block Grant (EECBG) Program has provided $3.2 billion in grants “to develop, promote, implement, and manage energy efficiency and conservation projects that ultimately created jobs.”See footnote 6 IIJA amends Section 544 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154) to permit EECBG grants to be used for “programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which may include loan programs and performance contracting programs, for leveraging of additional public and private sector funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures.”See footnote 7 
  • Funding: $550M for fiscal year 2022
  • Does Justice40 Apply?: Yes

Abandoned Mine Reclamation Fund Authorization of Appropriations

  • Section 40701, Page 663
  • Agency: Department of the Interior
  • Description: Funding for annual grants for states and tribes for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 
  • Funding: $11.293B for fiscal year 2022, to remain available until expended, for deposit into the Abandoned Mine Reclamation Fund. The Secretary of the Interior shall allocate and distribute amounts made available for grants. 
  • Eligible Entities: States and tribes.
  • Does Justice40 Apply?: Yes

Consumer Recycling Education and Outreach Grant Program; Federal Procurement (New)

  • Section 70402, Page 834 and Division J, Title VI, Page 976
  • Agency: Environmental Protection Agency
  • Description: Competitive grants “to improve the effectiveness of residential and community recycling programs through public education and outreach.”See footnote 8 Grants are “focused on improving material recycling, recovery, management, and reduction.”See footnote 9  
  • Funding: $15M per year for fiscal years 2022 through 2026.
  • Eligible Entities: States, local government, tribes, a Native Hawaiian organization, the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, nonprofit organizations, and public-private partnerships.
  • Does Justice40 Apply?: Yes

Pollution Prevention Program

  • Division J, Title VI, Page 976
  • Agency: Environmental Protection Agency
  • Description: Funding for Section 6605 of the Pollution Prevention Act, which includes the Environmental Protection Agency awarding competitive grants for programs that make technical assistance to businesses and provide training in source reduction techniques.
  • Funding: $100M total, $20M each year for fiscal years 2022 through 2026.
  • Does Justice40 Apply?: Yes

Low Income Home Energy Assistance

  • Division J, Title VII, Page 984
  • Agency: Department of Health and Human Services 
  • Description: Additional money for Low Income Home Energy Assistance Program (LIHEAP)LIHEAP provides “assistance in managing costs associated with home energy bills, energy crises, weatherization and energy-related minor home repairs.”See footnote 10 
  • Funding: $500M total, $100M each year for fiscal years 2022 through 2026.
  • Does Justice40 Apply?: Yes

Other Programs and Projects

Deployment of Technologies to Enhance Grid Flexibility (New)

  • Section 40107, Page 512
  • Agency: Department of Energy
  • Description: Amendment to Section 1306 of the Energy Independence and Security Act of 2007 to include Smart Grid investments that “anticipate and mitigate impacts of extreme weather or natural disasters on grid resiliency.”See footnote 11
  • Funding: $3B for fiscal year 2022, to remain available through September 30, 2026. 

Maintaining and Enhancing Hydroelectricity Incentives (New)

  • Section 40333, Page 595
  • Agency: Department of Energy
  • Description: The Department of Energy will “make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements” related to improving grid resiliency, improving dam safety, and environmental improvements.See footnote 12  
  • Funding: $553,600,000 for fiscal year 2022, to remain available until expended.
  • Does Justice40 Apply?: Yes

Sustainable Manufacturing Initiative (New)

  • Section 40522, Page 639
  • Agency: Department of Energy
  • Description: The Office of Energy Efficiency and Renewable Energy of the Department of Energy will “carry out onsite technical assessments to identify opportunities for” maximizing the energy efficiency of industrial processes and cross-cutting systems, preventing pollution and minimizing waste, improving efficient use of water in manufacturing processes, conserving natural resources, and other relevant goals.See footnote 13

Brownfields 

  • Division J, Title VI, Page 975
  • Agency: Environmental Protection Agency
  • Description: Funding for Brownfields projects in the form of grants, interagency agreements, and program support. This funding is not subject to cost share requirements.
  • Funding: $1.5B total for fiscal years 2022 through 2026. $1.2B for competitive grants, raised grant caps for half of the competitive grant funding to $600M. $300M for categorical grants.
  • Does Justice40 Apply?: Yes

New Requirements for the Department of Energy

Infrastructure Planning for Micro and Small Modular Nuclear Reactors (New)

  • Section 40321, Page 588
  • Agency: Department of Energy
  • Description: The Department of Energy Secretary shall submit “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.”See footnote 14

Miscellaneous

Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration

  • Division J, Title III, Page 951
  • Agency: Department of Energy
  • Description: Funding for the purchase of power and transmission services. “Western Area Power Administration's goal is to maintain the reliability and safety of its transmission system while managing power delivery costs and meeting our repayment responsibilities. In partnership with affiliated generating agencies and customers, WAPA controls costs, coordinates funding agreements and prioritizes construction and rehabilitation projects.”See footnote 15
  • Funding: $500M 
  • Does Justice40 Apply?: Yes

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