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Title 17 Clean Energy Financing Program

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Title 17 Clean Energy Financing Program
ShorttitleTitle 17 Clean Energy Financing Program
Enacted by117th United States Congress
Cite public lawPublic Law 117–169
Acts amendedEnergy Policy Act of 2005
Title amendedU.S.C. Title 42
IntroducedinHouse
CommitteesHouse Energy and Commerce
Passedbody1House
Passedbody2Senate
SignedpresidentJoe Biden
SigneddateAugust 16, 2022

Title 17 Clean Energy Financing Program. It is a federal loan guarantee initiative administered by the U.S. Department of Energy's Loan Programs Office (LPO) to support the commercial deployment of innovative clean energy projects. Established by Title 17 of the Energy Policy Act of 2005, the program was significantly expanded and recapitalized by the Inflation Reduction Act of 2022 and the Infrastructure Investment and Jobs Act. The program aims to accelerate the nation's transition to a clean energy economy by providing critical financing for technologies that are typically unable to secure full commercial funding due to their innovative nature.

Program overview and legislative basis

The statutory foundation for the program is found in Title 17 of the Energy Policy Act of 2005, which authorized the Secretary of Energy to issue loan guarantees. This authority was initially utilized to support early projects like the Vogtle Electric Generating Plant. Major amendments through the American Recovery and Reinvestment Act of 2009 and, most substantially, the Inflation Reduction Act of 2022, provided new appropriations and expanded the program's scope. The Infrastructure Investment and Jobs Act also provided additional funding and directed support for specific technology areas. The program is a key instrument of the Biden administration's climate and industrial policy, operating alongside other initiatives like the Advanced Technology Vehicles Manufacturing Loan Program.

Eligible technologies and project criteria

Eligibility is focused on projects that avoid, reduce, or sequester greenhouse gas emissions and employ new or significantly improved technologies. This includes renewable energy systems, advanced nuclear facilities, carbon capture and storage systems, and critical minerals processing. The program also supports projects for energy storage, grid modernization, and hydrogen production from clean sources, as emphasized in the Department of Energy's Hydrogen Shot initiative. Projects must be located in the United States and demonstrate a reasonable prospect of repayment. A key criterion is that the technology cannot be commercially available, thus filling a market gap often referred to as the "valley of death" for first-of-a-kind deployments.

Application and review process

The process begins with an optional pre-application consultation with the Loan Programs Office. Applicants then submit a formal application detailing technical feasibility, financial strength, and project plans. The LPO conducts rigorous due diligence, often involving independent engineers and financial consultants. This review assesses technology risk, market viability, and the project's environmental compliance, including reviews under the National Environmental Policy Act. Successful negotiations lead to a conditional commitment, followed by final documentation and financial close. The process is designed to be robust, with oversight from the Department of the Treasury and the Office of Management and Budget.

Financial terms and loan guarantees

The program provides partial loan guarantees, with the DOE typically guaranteeing up to 80% of a loan's principal and interest. The Inflation Reduction Act of 2022 authorized approximately $40 billion in new loan guarantee authority. A notable feature is the availability of subordinated debt, where the government's claim on assets is junior to other lenders, improving a project's overall capital structure. Loan terms are project-specific but can extend 20-30 years, aligning with the asset life of major infrastructure. The program charges fees, including an application fee and a credit subsidy cost, to protect taxpayers, as monitored by the Congressional Budget Office.

Impact and funded projects

The program has financed several landmark projects that have shaped the U.S. energy landscape. Early guarantees supported the Shepherds Flat Wind Farm and the Solana Generating Station, one of the first large-scale concentrated solar power plants with thermal energy storage. More recent commitments include loans for the Advanced Clean Energy Storage project in Utah for hydrogen and for Lithium Americas Corporation's Thacker Pass lithium mine. It has also backed companies like Redwood Materials for battery recycling and Monolith Materials for carbon black production. Collectively, these projects advance goals shared with the International Energy Agency and support domestic manufacturing as envisioned in the CHIPS and Science Act.

Program administration and oversight

The Loan Programs Office within the United States Department of Energy administers the program under the direction of the Secretary of Energy. The LPO is headed by a director appointed by the President of the United States and confirmed by the United States Senate. Program operations are subject to oversight by the United States Government Accountability Office and congressional committees, including the House Energy and Commerce Committee and the Senate Energy and Natural Resources Committee. The Department of Energy Office of Inspector General conducts periodic audits to ensure compliance and proper risk management.