[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2826 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2826
To prevent energy poverty and ensure that at-risk communities have
access to affordable energy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2023
Mr. Sullivan (for himself and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To prevent energy poverty and ensure that at-risk communities have
access to affordable energy.
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 ``Energy Poverty Prevention and
Accountability Act of 2023''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) all people in the United States should have equal
access to affordable and reliable energy to maintain personal
health and economic security;
(2) the United States should mitigate the disparate impact
of increases in the cost of energy on at-risk communities
because those communities are more likely to have a fixed
income and spend a higher percentage of their income on energy
compared to the general population; and
(3) to prevent energy poverty and ensure that each at-risk
community has access to affordable energy, the United States
should ensure that Federal policies will not increase the cost
of energy for any at-risk community.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency action.--The term ``agency action'' has the
meaning given the term in section 551 of title 5, United States
Code.
(3) Applicable energy rule.--The term ``applicable energy
rule'' means any energy rule that--
(A) has an annual effect on the economy of not less
than $50,000,000;
(B) results in a major increase in costs or prices
for any consumer, industry, agency, or geographic
region; or
(C) has a significant adverse effect on
competition, employment, investment, productivity,
innovation, or the ability of an enterprise based in
the United States to compete with a foreign-based
enterprise in a domestic or international market.
(4) At-risk community.--The term ``at-risk community''
means--
(A) a low-income community;
(B) a minority community;
(C) a rural community;
(D) an elderly community; and
(E) an American Indian, Alaska Native, or Native
Hawaiian community.
(5) Elderly community.--The term ``elderly community''
means a census tract in which the majority of the population
consists of elderly persons (as defined in section 891.205 of
title 24, Code of Federal Regulations (as in effect on the date
of enactment of this Act)).
(6) Energy poverty.--The term ``energy poverty'' means a
condition in which individuals do not have access to affordable
and reliable energy to maintain economic security.
(7) Energy rule.--
(A) In general.--The term ``energy rule'' means a
rule (as defined in section 551 of title 5, United
States Code) promulgated by--
(i) the Administrator of the Environmental
Protection Agency;
(ii) the Secretary of the Interior;
(iii) the Secretary of Energy; and
(iv) any other agency the actions of which
may affect energy poverty in an at-risk
community.
(B) Inclusions.--The term ``energy rule'' includes
any rule described in subparagraph (A) that may result
in a change to--
(i) electricity prices;
(ii) home heating prices;
(iii) gasoline prices;
(iv) motor vehicle prices;
(v) natural gas prices; or
(vi) household appliance prices.
(8) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) National Forest System land;
(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702));
(iii) the outer Continental Shelf (as
defined in section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331)); and
(iv) land managed by the Department of
Energy.
(B) Inclusion.--The term ``Federal land'' includes
land described in subparagraph (A) for which the rights
to the surface estate or subsurface estate are owned by
a non-Federal entity.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(10) Low-income community.--The term ``low-income
community'' has the meaning given the term in section 45D(e)(1)
of the Internal Revenue Code of 1986.
(11) Minority community.--The term ``minority community''
means a census tract in which the majority of the population
consists of minority (as defined in section 104A(a) of the
Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4703a(a))) individuals.
(12) Rural community.--The term ``rural community'' means a
community that is located in an area that is outside of an
urbanized area (as defined in section 5302 of title 49, United
States Code).
(13) State renewable portfolio standard.--The term ``State
renewable portfolio standard'' means any State regulation that
is designed to increase the use of renewable energy sources,
including wind, solar, geothermal, and biomass, to generate
electricity.
(14) Tribal land.--The term ``Tribal land'' has the meaning
given the term ``Indian land'' in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).
SEC. 4. REPORTS ON ACCESS TO RELIABLE AND AFFORDABLE ENERGY.
(a) Comptroller General.--The Comptroller General of the United
States, in consultation with each relevant agency, shall--
(1) conduct an analysis of Federal energy laws, energy
rules, and State renewable portfolio standards to determine how
those laws, rules, and standards affected at-risk communities
during the preceding fiscal year;
(2) identify barriers to the ability of at-risk communities
that live on or near Federal land or Tribal land to access
reliable and affordable energy, including the manner in which
the presence of adequate energy transmission infrastructure
affects that access; and
(3) develop criteria to determine whether an at-risk
community is experiencing energy poverty.
(b) Office of Management and Budget.--The Director of the Office of
Management and Budget shall review each applicable energy rule to
determine if the applicable energy rule imposes disproportionate costs
on at-risk communities relative to the general population.
(c) Joint Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States and
the Director of the Office of Management and Budget shall jointly
submit to Congress a report that--
(1) describes the analysis conducted under subsection
(a)(1) and the barriers identified under subsection (a)(2);
(2) identifies the at-risk communities that are
experiencing energy poverty, by location and type; and
(3) provides recommendations on--
(A) how to reduce energy poverty in at-risk
communities; and
(B) actions each applicable agency may take to
reduce the barriers described in subsection (a)(2),
including by--
(i) establishing lower fees or lowering
other costs;
(ii) improving the approval process for
rights-of-way on Federal land and Tribal land;
(iii) encouraging private energy sector
investment in Federal land and Tribal land; and
(iv) rapidly developing electric
transmission and delivery systems in remote
areas.
SEC. 5. EXECUTIVE ACTION SUPPORTING AT-RISK COMMUNITIES.
(a) Congressional Budget Office Estimates for Effects on Energy
Prices.--For purposes of section 402 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 653), the Director of the
Congressional Budget Office shall include, for any bill or resolution
that may result in an agency action affecting energy poverty, including
the proposal of an energy rule, an estimate of how the bill or
resolution will affect the cost of energy for at-risk communities.
(b) Energy Poverty Study Required for Certain Executive
Activities.--
(1) Definitions.--In this subsection:
(A) Activity.--The term ``activity'' means--
(i) a declaration of a moratorium on the
leasing of Federal land for the drilling,
mining, or collection of oil, gas, or coal, or
related activities unless such moratorium is
authorized by Federal statute; and
(ii) an action, including non-action with
respect to an action directed to be carried out
by statute or regulation, that would prohibit
or substantially delay, with respect to Federal
land--
(I) the issuance of--
(aa) new oil and gas lease
sales, oil and gas leases,
drill permits, or associated
approvals, or authorizations of
any kind associated with oil
and gas leases;
(bb) new coal leases
(including leases by
application in process,
renewals, modifications, or
expansions of existing leases),
permits, approvals, or
authorizations; or
(cc) new mineral patents,
leases, claims, permits,
approvals, or authorizations;
or
(II) a withdrawal of Federal land
from--
(aa) forms of entry,
appropriation, or disposal
under the public land laws;
(bb) location, entry, and
patent under the mining laws;
or
(cc) disposition under laws
pertaining to mineral and
geothermal leasing or mineral
materials.
(B) Designee of the president.--The term ``designee
of the President'' means--
(i) the Secretary of Agriculture;
(ii) the Secretary of Energy;
(iii) the Secretary of the Interior; and
(iv) the Administrator of the Environmental
Protection Agency.
(C) Mineral.--The term ``mineral'' means any
mineral subject to sections 2319 through 2344 of the
Revised Statutes (commonly known as the ``Mining Law of
1872'') (30 U.S.C. 22 et seq.), and minerals located on
lands acquired by the United States (as defined in
section 2 of the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 351)).
(2) Activity to be carried out.--Notwithstanding any other
provision of law, the President, or a designee of the
President, may carry out an activity only if the Secretary of
the Interior has fulfilled the activity requirements described
in paragraph (3) for that activity.
(3) Activity requirements.--For each activity under
paragraph (2), the Secretary of the Interior shall--
(A) conduct a study to determine if the activity,
relative to the general population, is likely to--
(i) impose disproportionate costs on at-
risk communities; or
(ii) increase the likelihood that at-risk
communities will experience energy poverty and
job losses;
(B) publish the study on a public website of the
Department of the Interior; and
(C) submit to Congress a report on the study that
describes the study findings in subparagraph (A)(i) and
(ii).
(4) Energy poverty study.--
(A) In general.--On request by an entity described
in subparagraph (B), a lead Federal department or
agency responsible for leasing or permitting an energy
or mineral development project, pipeline project, or
transmission project on Federal land, in consultation
with another Federal department or agency with
jurisdiction over that project, shall conduct a study
relating to how the project is likely to alleviate
energy poverty in at-risk communities, including by--
(i) creating jobs;
(ii) reducing energy prices; and
(iii) other relevant measures as determined
by the lead Federal department or agency, or
the entity requesting the study.
(B) Study request.--An entity sponsoring an energy
or mineral project, pipeline project, or transmission
project on Federal land, may request a study for that
project under subparagraph (A).
(5) Memorandum of understanding.--
(A) In general.--The lead Federal department or
agency, with respect to a project to be studied under
paragraph (4)(A), may not begin the study until the
lead Federal department or agency has entered into a
memorandum of understanding with the entity that
requested the study.
(B) Requirements.--A memorandum of understanding
entered into under this paragraph shall include--
(i) an agreement regarding a neutral third
party to conduct the study;
(ii) a determination of which entity, with
the consent of that entity, will bear the cost
of the study, which may include stakeholders
other than the requestor; and
(iii) such other aspects of the study that
the lead Federal department or agency and the
entity that requested the study consider
appropriate.
(c) Energy Poverty Statement.--
(1) In general.--Beginning 30 days after the date on which
the Director of the Office of Management and Budget issues
guidance under section 6, an agency promulgating any energy
rule, including any interpretative rule, general statements of
policy, or guidance documents relating to an energy rule, shall
include an energy poverty statement described in paragraph (2).
(2) Energy poverty statement.--An energy poverty statement
referred to in paragraph (1) shall--
(A) be displayed prominently on the first page of
the rule or guidance; and
(B) state that the applicable agency certifies that
the rule or guidance will not result in energy poverty
in at-risk communities.
SEC. 6. OMB IMPLEMENTATION GUIDANCE.
Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Management and Budget shall issue guidance to
implement this Act.
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