[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2245 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2245
To establish the White House Council on Energy Transitions within the
Executive Office of the President, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2021
Mr. O'Halleran introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, Financial Services, and Education
and Labor, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the White House Council on Energy Transitions within the
Executive Office of the President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National Energy
Workforce and Providing Recovery Opportunities to Manage the Industry's
Shifting Economics Act'' or the ``NEW PROMISE Act''.
(b) Findings.--Congress finds that since 2010--
(1) the total output of coal-fired electric generation in
the United States has declined 48 percent;
(2) carbon capture, utilization, and storage technologies
have continued to develop;
(3) the downturn in coal-fired electric generation has led
to a significant decrease in employment related to coal-fired
electric generation, including at electric generating stations
and mines;
(4) in rural, economically distressed communities with
significant coal-fired electric generation employment, the
decrease in coal-fired electric generation has had negative
impacts on covered net revenues contributing to municipal
operating budgets;
(5) electric generation from the consumption of natural gas
has increased 60 percent; and
(6) electric generation from affordable renewable energy
sources including solar, wind, geothermal, and hydropower has
increased.
SEC. 2. WHITE HOUSE COUNCIL ON ENERGY TRANSITIONS.
(a) Establishment.--There is established in the Executive Office of
the President a White House Council on Energy Transitions. The Council
shall be headed by a Director, who shall be appointed by the President
by and with the advice and consent of the Senate.
(b) Director.--
(1) Qualifications.--The Director shall be a person who, as
a result of training, experience, and attainments, has the
requisite skills, abilities, and knowledge to--
(A) carry out the duties and functions of the
position and Council set forth in this Act; and
(B) formulate and recommend policies to assist
workers and communities adversely disrupted due to the
downturn of employment associated with coal-fired
electricity generation amidst the Nation's transition
to significantly reducing greenhouse gas emissions
across the economy.
(2) Compensation.--The annual rate of pay for the Director
shall be fixed by the President at a rate that may not exceed
the annual rate of pay for level IV of the Executive Schedule.
(c) Membership.--
(1) Members.--The Council shall be composed of the heads of
the following:
(A) The Department of Commerce.
(B) The Department of Energy.
(C) The Department of Labor.
(D) The Department of the Treasury.
(E) The Department of Health and Human Services.
(F) The Department of the Interior.
(G) The Environmental Protection Agency.
(H) The Office of Management and Budget.
(I) The Office of Science and Technology Policy.
(J) The Small Business Administration.
(K) The Council on Environmental Quality.
(L) The National Economic Council.
(M) The Economic Development Administration.
(N) The Appalachian Regional Commission.
(O) The White House Office of Public Engagement.
(P) Any other department, agency, or office of the
executive branch as the President or Director may
designate.
(2) Designees.--Any member of the Council may designate a
senior-level official, who is employed full-time in the
department, agency, or office of such member, to carry out the
duties of the member under this section.
(d) Duties of the Director.--
(1) Data on impacts of closures.--The Director shall assess
and publish, in a publicly available format and on the website
of the Council, data on the economic and societal impacts of
closures, occurring on or after January 1, 2010, of covered
electric generating stations, including associated mines (as
applicable), on economically distressed communities, and
communities the Director believes based on available
information, may become economically distressed communities.
(2) Outreach.--The Director shall conduct outreach
activities--
(A) to increase awareness of the technical,
financial, and policy assistance resources of the
Council, for economically distressed communities, and
communities the Director believes, based on available
information, may become economically distressed
communities; and
(B) to facilitate the establishment of, and
otherwise support, Regional Transition Advisory
Committees.
(3) Regional transition advisory committees.--
(A) Facilitation and support.--To the extent
practicable, not later than 60 days upon receiving a
request for assistance from an economically distressed
community, the Director shall provide technical
assistance, and other assistance the Director
determines appropriate, to such community to facilitate
the establishment by such community of a Regional
Transition Advisory Committee and to otherwise support
such Regional Transition Advisory Committee.
(B) Meetings.--To the extent practicable, the
Director shall meet with each Regional Transition
Advisory Committee at least 2 times in the first full
calendar year after the Committee is established, and
at least once annually thereafter.
(C) Economic development transition plans.--
(i) Assistance.--The Director may provide
technical, policy, and financial assistance to
a Regional Transition Advisory Committee for
developing, implementing, assessing, and
evaluating, an economic development transition
plan.
(ii) Interim goals.--In carrying out
subparagraph (A), the Director shall evaluate
any interim economic development transition
goals that are voluntarily submitted to the
Director prior to submission of an economic
development transition plan by a Regional
Transition Advisory Committee, and provide such
Committee, within 90 days of receipt, an
evaluation and recommendations with respect to
such interim goals.
(iii) Certification of commitment to submit
and implement plan.--In order to receive
financial assistance pursuant to this
subparagraph, the Director shall certify that a
Regional Transition Advisory Committee--
(I) has or will submit to the
Director an economic development
transition plan that meets the criteria
described in section 3(c); and
(II) has committed to begin
implementing such plan, including by
adhering to the metrics developed
pursuant to section 3(c), not later
than 90 days after receiving a
certification under clause (iv).
(iv) Certification of plan.--Not later than
90 days after a Regional Transition Advisory
Committee submits to the Director an economic
development transition plan, the Director shall
provide to the Regional Transition Advisory
Committee--
(I) a certification of such
economic development transition plan;
or
(II) recommendations, consistent
with the criteria described in section
3(c), to improve the economic
development transition plan.
(v) Biannual review.--Not later than every
2 years after the date in which the first
economic development transition plan is
submitted by a Regional Transition Advisory
Committee and certified by the Director under
clause (iv), the Director shall conduct
periodic outreach to such Regional Transition
Advisory Committee to review and assist in the
revision of such economic development
transition plan as necessary.
(4) Coal community resource clearinghouse.--
(A) Maintenance.--Not later than 180 days after the
date of enactment of this section, the Director shall
publish, maintain, and make publicly available a
clearinghouse, to be known as the Coal Community
Resource Clearinghouse, on the website of the Council
for the purpose of increasing awareness of Federal and
State programs, grants, loans, loan guarantees, and
other assistance resources the Director determines will
assist economic development activities in economically
distressed communities.
(B) Periodic updates.--In maintaining the
Clearinghouse, the Director shall, not less than once
per calendar year, update the Clearinghouse to address
changes to the needs of economically distressed
communities, as determined appropriate by the Director.
(5) Grant specialists.--
(A) In general.--The Director shall establish
within the Council a team of grant specialists
(referred to in this paragraph as the ``team'') that
shall--
(i) to the extent practicable, not later
than 90 days upon receiving a request for
assistance from a local government representing
an economically distressed community, conduct a
visit to the economically distressed community
to survey the relevant assets and evaluate the
requisite needs of the economically distressed
community in order to fulfill the goals of the
economic development transition plan, if
applicable;
(ii) assist in soliciting applications from
economically distressed communities for
financial and technical assistance resources
identified in the Coal Community Resource
Clearinghouse; and
(iii) provide technical assistance to
economically distressed communities with
applications for resources described in clause
(ii).
(B) Team positions.--
(i) In general.--The Director shall ensure
that the team is comprised of the number of
grant specialists necessary to assist each
economically distressed community on an
individual basis.
(ii) Filling of vacancy.--A vacant position
on the team shall be filled not later than 90
days after the date on which the position
becomes vacant.
(iii) Collaboration.--The team shall
collaborate with other Federal and State
agencies that implement programs aimed at
supporting economically distressed communities.
(e) Meetings.--Not later than 90 days after the date of the
enactment of this Act, and at least four time annually thereafter, the
Council shall convene a meeting of the Council. At such meetings--
(1) each member of the Council shall share information
regarding the efforts of the members's department, agency, or
office to support through technical assistance, or other policy
or financial assistance the Director determines appropriate,
the development and implementation of economic development
transitions plans by Regional Transition Advisory Committees;
(2) the Council shall evaluate progress, as necessary, of
economic development transition plan goals;
(3) the Council shall discuss methods to identify and
disseminate information to Regional Transition Advisory
Committees on best practices to consider in developing economic
development transition plans; and
(4) the Council shall discuss such other matters as the
Director determines are essential to the Council providing
support to the economic transition efforts of dislocated
workers and local communities.
(f) Administration.--To the extent permitted by law and subject to
the amounts made available for such purpose, the Director (or staff
designated by the Director) shall provide to the Council administrative
support services and additional resources, as appropriate. The Director
shall determine the amount of funding and personnel each department,
agency, or office represented on the Council should contribute in order
for the Council to carry out such duties. Such department, agency, or
office, shall, upon the request of the Director, make available to the
Council personnel, administrative support services, and information.
(g) Transparency.--The Director shall make available to the public,
on a regular basis on the website of the Council and through open
meetings, information regarding the activities of the Council and
minutes from meetings of the Council under subsection (e).
(h) Advisory Body.--
(1) Establishment.--The Council may establish an advisory
body to advise and provide recommendations to the Council
regarding the execution of its duties and, as necessary and
with the approval of the Director, to support the development
of economic development transition plans submitted by Regional
Transition Advisory Committees under section 3.
(2) Composition.--The advisory body established under
paragraph (1) shall, to the maximum extent practicable, be
comprised of--
(A) at least 2 representatives from a union or
labor organization representing workers of covered
electric generating stations, or associated mines;
(B) at least 2 representatives from an electric
utility organization with demonstrated experience
providing workforce transition support to workers
associated with the generation of electricity from
coal;
(C) at least 2 representatives from an institution
of higher education with demonstrated expertise in
energy workforce disruption or labor development
issues;
(D) at least 2 representatives from an
environmental organization with demonstrated expertise
in energy workforce disruption or labor development
issues;
(E) at least 3 representatives from an economic
development authority of a State or Indian Tribe;
(F) at least 3 representatives from an
environmental regulatory agency of a State or Indian
Tribe;
(G) at least 3 representatives who are serving as
the Chief Executive Officer of a State;
(H) at least 3 representatives who are
representatives of a Tribal government; and
(I) any other representative the Director may
designate.
(3) Duties.--
(A) Public outreach.--Not later than 90 days after
the date of establishment of the advisory body under
this section, and at least twice annually thereafter
and in coordination with the Director, the advisory
body shall hold a public meeting in an economically
distressed community for the purpose of--
(i) soliciting feedback from the public,
units of local government and Indian Tribes,
and dislocated workers on concerns related to
the closure, or imminent closure, of a covered
electric generating station; and
(ii) soliciting recommendations on actions
the departments, agencies, and offices
represented on the Council may consider to
support the development and implementation of
economic development transition plans.
(B) Reports.--Not later than 270 days after the
first public meeting described in subparagraph (A), and
at least once annually thereafter, the advisory body
shall submit to the Director a report providing--
(i) a summary of recommendations approved
by a simple majority of the members of the
Advisory Body on actions the departments,
agencies, and offices represented on the
Council should take to better support, through
resources provided by the Council, the
development and implementation of economic
development transition plans; and
(ii) an assessment of applicable policies
or guidance of the departments, agencies, and
offices represented on the Council that the
advisory body believes are barriers to a
Regional Transition Advisory Committee fully
implementing an economic development transition
plan.
(C) Response.--The Director shall, within 60 days
of receipt of a report described in subparagraph (B),
provide the advisory body a formal written response
describing the Council's findings on recommendations
for potential actions described in such report.
(4) Faca exemption.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the advisory
body established under this subsection.
(i) Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Director shall
submit a report to the appropriate committees of Congress describing
the activities carried out pursuant to this section.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2022 through 2035.
SEC. 3. REGIONAL TRANSITION ADVISORY COMMITTEES.
(a) In General.--An economically distressed community may establish
a committee, to be known as a Regional Transition Advisory Committee,
to develop and implement an economic development transition plan for
the economically distressed community.
(b) Composition.--
(1) In general.--Each Regional Transition Advisory
Committee established pursuant to this section shall include,
to the extent practicable--
(A) at least 1 representative from the union or
labor organization representing workers of the
applicable covered electric generating station or
associated mine;
(B) at least 1 representative who is the Chief
Executive Officer, or a designee thereof, of each
applicable State where the economically distressed
community is located;
(C) at least 1 representative from each impacted
local government;
(D) at least 1 representative from each electric
utility associated with an applicable covered electric
generating station;
(E) at least 1 representative from an economic
development agency;
(F) at least 1 representative from an institution
of higher education with demonstrated experience and
expertise in energy workforce disruption or labor
development issues;
(G) at least 1 representative from an environmental
organization with demonstrated experience and expertise
in energy workforce disruption or labor development
issues; and
(H) at least 1 representative who is the Chief
Executive Officer (or a designee thereof) of an
impacted Tribal government within an economically
distressed community (as applicable).
(2) Chair; co-chairs.--Each Regional Transition Advisory
Committee shall be led by a designee of an impacted local
government within an economically distressed community, who
shall serve as the Chair of the Committee. In the event
multiple local governments are impacted by a closure of a
covered electric generating station within an economically
distressed community, designees from each such impacted local
government shall serve as Co-Chairs of the Committee.
(c) Economic Development Transition Plan.--
(1) In general.--A Regional Transition Advisory Committee
may develop and implement an plan, to be known as an economic
development transition plan.
(2) Contents.--An economic development transition plan
shall include, at a minimum, the following:
(A) Strategic vision.--A strategic vision that
reflects the values, characteristics, and general
economic needs of the applicable economically
distressed community to guide the development and
implementation of the economic development transition
plan, such as--
(i) geographic proximity to an urban area;
(ii) socioeconomic attributes of the
general workforce; and
(iii) such other characteristics the
Regional Transition Advisory Committee
determines are appropriate.
(B) Steps to implement.--The steps a Regional
Transition Advisory Committee will seek to implement in
the applicable economically distressed community with
the goals of, at a minimum--
(i) increasing employment opportunities for
dislocated workers, to the extent practicable,
including jobs in energy-related industries;
(ii) increasing educational opportunities,
to the extent practicable, at institutions of
higher education or provided by labor
organizations, for dislocated workers; and
(iii) generating revenue, to be received by
the applicable unit of local government or
Indian Tribe, that is equal to or greater than
the covered net revenue received by such unit
of local government or Indian Tribe in the last
full fiscal year in which the applicable
covered electric generating station was
operating.
(C) Assessment.--An assessment and description of--
(i) available infrastructure, including a
status on the condition of such infrastructure,
to support economic development in the
economically distressed community related to
essential community services;
(ii) the extent to which such environmental
restoration activities described in
subparagraph (D)(iii) may prioritize the
employment of dislocated workers previously
employed at the covered electric generating
station or associated mine to carry out such
activities (to the extent practicable);
(iii) types of industries or occupations
located in or near the economically distressed
community which dislocated workers could likely
transition to, including any available data on
average wages and employment-related benefits
associated for each occupation;
(iv) covered net revenue losses incurred by
the economically distressed community in the
preceding fiscal year, or projected covered net
revenue losses likely to be incurred, as a
result of the closure of a covered electric
generation station (including an associated
mine), and the observed impact, or projected
impact, such closure will impose on the
provision of essential community services in
the economically distressed community;
(v) the potential for distributed or
renewable energy resources to provide
electricity to electric consumers residing in
the applicable economically distressed
community;
(vi) any disruptions experienced by
dislocated workers in the economically
distressed community in terms of--
(I) real wages, calculated on a
weekly average basis;
(II) access to a health insurance
policy previously available through an
employer operating a covered electric
generating station or associated mine;
(III) earned benefits, including--
(aa) the retirement and
health benefits for coal
miners; or
(bb) the United Mine
Workers of America Combined
Benefit Fund established under
section 9702 of the Internal
Revenue Code of 1986; or
(IV) benefits under any qualified
employer plan (as defined in section
72(p)(4) of the Internal Revenue Code
of 1986); and
(vii) available institutions of higher
education or labor organizations in or near the
applicable economically distressed community
offering professional certification, technical
training, apprenticeships, or educational
instruction on jobs in energy-related
industries.
(D) Timeline.--A timeline, with benchmarks to
measure progress, to--
(i) promote infrastructure investments to
maintain or expand essential community services
through available Federal, State, or local
programs, or from the private sector, in the
applicable economically distressed community;
(ii) mitigate or replace the loss of
covered net revenue for the economically
distressed community to a level necessary to
continue provide essential services and support
the goals of a comprehensive economic
development transition plan;
(iii) conduct environmental restoration
activities with respect to any mines (including
surface mines, underground mines, or mine
openings), coal ash ponds, and other coal
mining operations directly associated with a
covered electric generating station that has
ceased producing electricity, including any
necessary decommissioning activities at the
site of the covered electric generating
station; and
(iv) increase technical training,
professional certification, apprenticeships, or
educational instruction opportunities for
dislocated workers at institutions of higher
education or provided by labor organizations in
or near the applicable economically distressed
community for jobs in energy-related
industries.
(3) Metrics.--A Regional Transition Advisory Committee
shall, in consultation with the applicable economic development
agency, develop measurable evaluation and performance metrics
that the Regional Transition Advisory Committee shall adhere to
throughout the implementation of the economic development
transition plan.
SEC. 4. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION GRANTS.
(a) In General.--Section 609 of the Public Utility Regulatory
Policies Act of 1978 (7 U.S.C. 918c) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or
municipality'' and inserting ``, municipality, or
Indian Tribe'';
(B) in paragraph (5), by striking ``10,000'' and
inserting ``20,000''; and
(C) by adding at the end the following:
``(6) The term `economically distressed community' has the
meaning given such term in section 8 of the NEW PROMISE Act.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or the deployment of
energy storage technologies'' after ``energy
efficiency'';
(ii) by inserting ``or economically
distressed communities'' after ``rural areas'';
and
(iii) by striking ``or'' at the end;
(B) in paragraph (2)--
(i) by inserting ``or economically
distressed communities'' after ``rural areas'';
and
(ii) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) refurbishing, redeveloping, or repurposing electric
generating facilities that primarily consume coal as a fuel
source that have recently ceased operation, or will cease
operation in the near future, for manufacturing, including
manufacturing clean energy technologies or materials.''; and
(3) in subsection (d)--
(A) by striking ``$20,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``2006 through 2012'' and inserting
``2022 through 2026''.
SEC. 5. ADVANCED NOTICE TO COMMUNITIES POTENTIALLY IMPACTED BY CLOSURE
OF AN ELECTRIC GENERATING FACILITY THAT PRIMARILY
CONSUMES COAL AS A FUEL SOURCE.
(a) Federal Standard.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
adding at the end the following:
``(20) Advanced notice of closure.--
``(A) Each electric utility shall provide to
potentially impacted local governments and Indian
Tribes (as applicable) a formal written notice of any
closure of an electric generating facility (including
any generating unit thereof) of such electric utility
that primarily consumes coal as a fuel source.
``(B) With respect to an electric utility for which
a State regulatory authority has ratemaking authority,
notice under subparagraph (A) shall be provided by such
electric utility to local governments and Indian Tribes
within 7 days of submitting to the State regulatory
authority any similar notice.
``(C) An electric utility providing a written
notice under subparagraph (A) shall, to the maximum
extent practicable, include in such notice--
``(i) a schedule describing the projected
timeline--
``(I) for the closure, which shall,
to maximum extent practicable, not
occur prior to the date that is 3 years
after the date of such notice,
including dates of any phases of
closure;
``(II) for workforce transition
activities sponsored by the electric
utility for applicable employees of the
electric utility, if applicable; and
``(III) for future reclamation
activities on the land of the electric
generating facility (or generating unit
thereof) that is closing; and
``(ii) a description of the extent to which
the electric utility will prioritize the use of
the incumbent workforce of the facility or
associated mine in carrying out reclamation
activities described in clause (i)(III).
``(D) An electric utility providing a written
notice under this subsection shall, within 7 days of
obtaining new information that would refine, alter, or
otherwise update any timeline described in subparagraph
(C), provide such update in a new formal written notice
to potentially impacted local governments and Indian
Tribes (as applicable).''.
(b) Obligations To Consider and Determine.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(7)(A) Not later than 1 year after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility
shall commence the consideration referred to in section 111, or
set a hearing date for consideration, with respect to the
standard established by paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority), and each nonregulated electric utility,
shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to the
standard established by paragraph (20) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended--
(A) by striking ``subsection (b)(2)'' and inserting
``subsection (b)''; and
(B) by adding at the end the following: ``In the
case of the standard established by paragraph (20) of
section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
such paragraph (20).''.
(c) Prior State Actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 20622) is amended by adding
at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) of this section
shall not apply to the standard established by paragraph (20) of
section 111(d) in the case of any electric utility in a State if,
before the enactment of this subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard concerned
(or a comparable standard) for such utility; or
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such
utility.''.
SEC. 6. WORKFORCE INNOVATION AND OPPORTUNITY ACT PILOT PROGRAM.
(a) Pilot Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Labor, in consultation with the
Director, shall establish a pilot program under section 169(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3224(c)) to assist
dislocated workers in economically distressed communities.
(b) Eligibility.--A dislocated worker shall be certified by the
Secretary as eligible to participate in the pilot program under this
section if--
(1) the dislocated worker was, within the 60-month period
prior to the date of enactment of this Act, employed in an
occupation primarily associated with the generation of
electricity from coal as a fuel source; or
(2) the Secretary determines, based on available
information that a worker, or significant proportion of the
workers' employment site that primarily generates electricity
from coal, including an associated mine, has become totally,
partially, or are likely to be separated from employment.
(c) Authority To Collect Information.--
(1) In general.--The Secretary shall, in determining
whether to certify a worker or group of workers under
subsection (b), obtain information the Secretary determines to
be necessary to make the certification from--
(A) the employer of the worker or group of workers;
(B) officials of certified or recognized labor
organizations or other duly authorized representatives
of the group of workers; or
(C) one-stop operators or one-stop partners (as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)).
(2) Verification of information.--The Secretary shall
require an employer, labor organization, or one-stop operator
or partner to certify all information obtained under paragraph
(1) from the employer, labor organization, or one-stop operator
or partner (as the case may be) on which the Secretary relies
in making a determination under subsection (b), unless the
Secretary has reasonable basis for determining that such
information is accurate and complete without being certified.
(d) Criteria.--In establishing the pilot program under this
section, the Secretary of Labor and the Director shall consider, in
addition to other such criteria as the Secretary of Labor and the
Director of the Council determine appropriate, the extent to which the
pilot program will be able to provide dislocated workers in
economically distressed communities education, employment search, or
training opportunities to--
(1) support entrepreneurship and small business
development; and
(2) enter jobs in energy-related industries, with an
emphasis on construction, engineering, manufacturing, or retro-
fitting jobs for renewable energy, energy efficiency, carbon
dioxide removal, or carbon capture, utilization, and storage
projects.
(e) Consultation With State and Local Programs.--Not later than 180
days after the date of enactment of this Act, the Secretary of Labor
shall consult with entities described in paragraph (2) to evaluate
lessons learned, solicit best practices, and evaluate the feasibility
of, and solicit best practices or lessons learned for establishing or
expanding transitional support benefits through programs described in
paragraph (1) for eligible dislocated workers participating in the
pilot program established under this section.
(1) Transitional support benefits described.--The programs
described in this paragraph are as follows:
(A) Under a State plan amendment pursuant to
section 1916A of the Social Security Act (42 U.S.C.
1396o-1).
(B) Wage differential benefits, in terms of the
difference in wages previously earned on a weekly basis
by an employee from an employer that is directly
associated with the operation of a covered electric
generating station or associated mine in the final
applicable calendar year of such operation, and
compensation received by a dislocated worker who, as
part of an unemployment fund administered by a State
agency, is experiencing employment loss directly
associated with the closure or cessation of operations
at a covered electric generating station or associated
mine (as the case may be).
(C) Continuation coverage under a COBRA
continuation provision (as defined in section
7333(d)(1) of the Employee Retirement Income Security
Act of 1974) or a similar State program, or under
section 8905(a) of title 5, United States Code.
(D) Benefits similar in type, amount, and duration
pursuant to chapter 2 of title II of the Trade Act of
1974 (19 U.S.C. 2101).
(2) Entities described.--An entity described under this
paragraph shall have demonstrated experience providing one or
multiple programs described in paragraph (1) to dislocated
workers, including--
(A) a Chief Executive Officer of a State;
(B) a State public health official;
(C) a Local workforce development board;
(D) a State workforce development board; or
(E) the head of a Federal agency.
(f) Duration.--
(1) In general.--The Secretary of Labor shall carry out the
pilot program under this section for a period of not less than
10 years.
(2) Worker participation period.--A dislocated worker
participating in the pilot program under this section may
participate for a period to be determined by the Secretary and
in consultation with the Director, until such point that--
(A) a dislocated worker obtains full-time
employment; or
(B) a dislocated worker submits a request for an
extension to participate in the pilot program to the
Secretary due to the length of training, education, or
job placement services received through the pilot
program under this section exceeding the initial period
for participation determined by the Secretary.
(g) Reports.--In carrying out this section, the Secretary of Labor
and the Director shall submit to the appropriate committees of Congress
a report annually describing--
(1) recommendations for establishing transitional support
benefits as a benefit provided under the pilot program under
this section for dislocated workers as described in subsection
(e)(1);
(2) recommendations for developing tailored educational and
instructional curricula for dislocated workers to obtain
skills, certification, or training required for emerging
energy-related industries or other industries;
(3) barriers impacting dislocated workers from entering
emerging energy-related industries or finding employment in
other industries; and
(4) such other information as the Secretary of Labor and
the Director determine appropriate.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Labor to carry out this section $100,000,000
for fiscal year 2022, which shall remain available until
expended.
(2) Administrative costs.--Not more than 5 percent of the
amount appropriated under paragraph (1) shall be used for
administrative purposes.
SEC. 7. COVERED ELECTRIC GENERATING STATION CESSATION MITIGATION FUND.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund, to be known as the ``Covered Electric
Generating Station Cessation Mitigation Fund'' (referred to in
this section as the ``Mitigation Fund'') consisting of--
(A) such amounts as are deposited in the Fund
pursuant to this section; and
(B) such amounts as may be appropriated to
supplement the Fund.
(2) Use of fund.--Amounts deposited in the Mitigation Fund
shall be available to the Secretary of Treasury, in
consultation with the Director, to make payments to
economically distressed communities in amounts described in
subsection (b) to mitigate the impact from the loss of covered
net revenues.
(3) Timing.--Subject to amounts available in the Mitigation
Fund, not later than 180 days after the date of enactment of
this Act, the Secretary of Treasury shall begin making payments
under this section.
(b) Payment to Economically Distressed Communities.--
(1) Assistance.--The Secretary of Treasury may provide
assistance, in the form of annual payments, to an economically
distressed community representing a portion of the loss of
covered net revenues due to the cessation of operations of a
covered electric generating station.
(2) Annual payments.--
(A) Determination of payment amount.--The amount of
an annual payment under this section shall be
determined by the Secretary of Treasury.
(B) Maximum amount.--The amount of an annual
payment under this section shall be not more than the
applicable percentage of the average annual covered net
revenues received by the applicable unit of local
government or Indian Tribe from the applicable covered
electric generation station for the 5-year period that
ends with the fiscal year that immediately precedes the
last fiscal year in which such covered electric
generating station operated, as specified in the
following table for an award year:
------------------------------------------------------------------------
Award Year Applicable Percentage
------------------------------------------------------------------------
1 80 percent
------------------------------------------------------------------------
2 70 percent
------------------------------------------------------------------------
3 60 percent
------------------------------------------------------------------------
4 50 percent
------------------------------------------------------------------------
5 40 percent
------------------------------------------------------------------------
6 30 percent
------------------------------------------------------------------------
7 20 percent
------------------------------------------------------------------------
(3) Conditions of payments.--An economically distressed
community--
(A) shall be eligible for not more than 1 payment
under this section each fiscal year; and
(B) may not receive payments under this section for
more than 7 fiscal years.
(4) Application.--The Secretary shall not provide any
payment under this section to an economically distressed
community until such time as the economically distressed
community completes an application including such information
in such form as the Secretary may require, including an
affidavit that a covered electric generating station located in
such community has, on or after January 1, 2010, closed (or is
no longer generating electricity), and that such community has
been significantly impacted by such closure.
(5) Order of payment.--The date of submission of an
economically distressed community's application for assistance
shall establish the order in which the Secretary of Treasury
provides assistance under this section.
(c) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for each fiscal year
during which amounts in the Mitigation Fund are available, an
economically distressed community receiving payment under this section
shall submit to the Secretary a report that--
(1) describes how amounts from the Mitigation Fund support
such economically distressed community in--
(A) maintaining essential community services in
such economically distressed community; and
(B) fulfilling the objectives described in any
applicable economic development transition plan; and
(2) includes any additional information that the Secretary
determines appropriate.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
deposit into the Mitigation Fund and to carry out this section
$250,000,000 for fiscal year 2022, to remain available until
expended.
(2) Administrative costs.--Not more than 5 percent of the
amount appropriated pursuant to paragraph (1) shall be used for
administrative purposes.
SEC. 8. DEFINITIONS.
In this Act:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship registered under the Act of August 16, 1937
(commonly referred to as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Education and Labor of the
House of Representatives;
(F) the Committee on Energy and Commerce of the
House of Representatives; and
(G) the Committee on Way and Means of the House of
Representatives.
(3) Council.--The term ``Council'' means the White House
Council on Energy Transitions established by section 2.
(4) Covered electric generating station.--The term
``covered electric generating station'' means an electric
generating station that primarily consumes coal as a fuel
source.
(5) Covered net revenue.--The term ``covered net revenue''
means revenue derived by a unit of local government or Indian
Tribe in a fiscal year from a covered electric generating
station in the form of annual real property taxes, royalty or
lease payments, transaction privilege taxes, sales taxes, or
payments in lieu of taxes imposed upon the covered electric
generating station, exclusive of interest and penalties.
(6) Director.--The term ``Director'' means the Director of
the White House Council on Energy Transitions.
(7) Dislocated worker.--The term ``dislocated worker'' has
the meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(8) Economic development agency.--The term ``economic
development agency'' has the meaning given such term in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(9) Economic development transition plan.--The term
``economic development transition plan'' means a plan developed
by a Regional Transition Advisory Committee in accordance with
section 3.
(10) Economically distressed community.--The term
``economically distressed community'' means a unit of local
government or Indian Tribe that is located within a 75-mile
radius of a covered electric generating station and that is
significantly impacted by the closure of such covered electric
generating station occurring on or after January 1, 2010,
including by, as a result of such closure experiencing--
(A) a net labor loss of at least 50 workers who
lost employment directly from or associated with the
covered electric generating station, including an
associated mine;
(B) a covered net revenue loss of over 25 percent
compared to the previous fiscal year; or
(C) at least a 10-percent increase in the cost of
electricity for applicable electric consumers compared
to the previous calendar year.
(11) Electric consumer.--The term ``electric consumer'' has
the meaning given such term in section 3(5) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(5)).
(12) Employment loss.--The term ``employment loss'' has the
meaning given such term in section 2(a) of the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101(a)).
(13) Essential community services.--The term ``essential
community services'' means infrastructure located entirely or
partially within an economically distressed community and
services that provide direct support to residents of a
community, including services related to--
(A) health care;
(B) transportation;
(C) energy;
(D) telecommunications;
(E) public education;
(F) public safety; and
(G) housing.
(14) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that such term does not include
institutions described in subparagraphs (A) or (C) of
subsection (a)(1) of such section 102.
(15) Jobs in energy-related industries.--The term ``jobs in
energy-related industries'' includes manufacturing,
engineering, installation, construction, and retrofitting jobs
in energy-related industries.
(16) Labor organization.--The term ``labor organization''
has the meaning given the term in section 7103 of title 5,
United States Code.
(17) Local workforce development board.--The term ``local
workforce development board'' means a local board, as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(18) Regional transition advisory committee.--The term
``Regional Transition Advisory Committee'' means a committee
described in section 3 that is established by an economically
distressed community.
(19) State agency.--The term ``State agency'' has the
meaning given the term in section 3306 of the Internal Revenue
Code of 1986.
(20) State workforce development board.--The term ``State
workforce development board'' means a State board, as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(21) Unemployment fund.--The term ``unemployment fund'' has
the meaning given the term in section 3306 of the Internal
Revenue Code of 1986.
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