[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4266 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4266
To prevent energy poverty in at-risk communities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2021
Mr. Hern (for himself, Mr. Weber of Texas, Mr. Cole, Mr. Hice of
Georgia, Mr. Stauber, Mr. Newhouse, Ms. Cheney, Mr. Reschenthaler, Mr.
Allen, Mr. Mullin, and Mr. Pence) introduced the following bill; which
was referred to the Committee on Natural Resources, and in addition to
the Committees on Agriculture, Energy and Commerce, the Budget, and
Rules, 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 prevent energy poverty in at-risk communities, 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.
This Act may be cited as the ``Energy Poverty Prevention and
Accountability Act''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) all citizens 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 such communities are more likely to have a fixed income
and spend a higher percentage of their income on energy than
the general population; and
(3) to prevent energy poverty and to ensure that each at-
risk community has access to affordable energy, the United
States should ensure that laws relating to environmental and
energy policy, including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and the Migratory Bird Treaty
Act (16 U.S.C. 703 et seq.), do not have the effect of
increasing the cost of energy for any at-risk community.
SEC. 3. DEPARTMENT OF THE INTERIOR REPORT ON ACCESS TO RELIABLE AND
AFFORDABLE ENERGY.
Not later than 1 year after the date of enactment of this section,
the Secretary of the Interior shall submit to Congress a report that--
(1) identifies 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 how the
presence of adequate energy transmission infrastructure affects
such access; and
(2) recommends actions that the Secretary of the Interior
and the Chief of the Forest Service could take to reduce the
barriers described in paragraph (1), including by--
(A) establishing lower fees or lowering other
costs;
(B) streamlining the approval of rights-of-way on
Federal land and Tribal land;
(C) encouraging private energy sector investment in
Federal land and Tribal land; and
(D) rapidly developing electric transmission and
delivery systems in remote areas.
SEC. 4. CONGRESSIONAL BUDGET OFFICE ESTIMATES FOR EFFECTS ON ENERGY
PRICES.
The Director of the Congressional Budget Office shall include in
each applicable estimate required under section 402 of the
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 653)
an estimate of how the bill or resolution will affect the cost of
energy for at-risk communities.
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE IDENTIFICATION OF ENERGY
POVERTY.
(a) Analysis.--
(1) In general.--The Comptroller General of the United
States shall conduct an analysis of Federal energy and
environmental laws, regulations issued by the Secretary of the
Interior and the Chief of the Forest Service that relate to
energy and environmental policy, and State renewable portfolio
standards to determine how such laws, regulations, and
standards affected the following for at-risk communities during
the preceding fiscal year:
(A) Electricity prices.
(B) Home heating prices.
(C) Gasoline prices.
(D) Motor vehicle prices.
(E) Natural gas prices.
(F) Household appliance prices.
(2) Report.--Not later than 1 year after the date of
enactment of this section, the Comptroller General of the
United States shall submit to Congress a report on the analysis
conducted under paragraph (1).
(b) Energy Poverty.--
(1) In general.--The Comptroller General of the United
States shall develop criteria to determine whether an at-risk
community is experiencing energy poverty.
(2) Report.--Not later than 1 year after the date of
enactment of this section, the Comptroller General of the
United States shall submit to Congress a report that--
(A) identifies, by location and type of at-risk
community, which at-risk communities are experiencing
energy poverty; and
(B) provides recommendations on how to reduce such
energy poverty.
SEC. 6. OFFICE OF MANAGEMENT AND BUDGET REVIEW OF ENERGY REGULATIONS.
(a) In General.--The Director of the Office of Management and
Budget shall review each applicable energy regulation to determine if
any applicable energy regulation imposes, relative to the general
population, disproportionate costs on at-risk communities.
(b) Publication.--Not later than 180 days after the date of the
enactment of this section, the Director of the Office of Management and
Budget shall publish in the Federal Register the results of the review
required under subsection (a).
SEC. 7. ENERGY POVERTY STUDY REQUIRED FOR CERTAIN EXECUTIVE ACTION.
(a) In General.--Notwithstanding any other provision of law, the
President or a designee of the President may only carry out an activity
described in subsection (b) if the Secretary of the Interior has
fulfilled the requirements described in subsection (c) with respect to
such activity.
(b) Activities.--An activity, as referred to in subsection (a), is
one or more of the following:
(1) Declaration of a moratorium on the leasing of Federal
lands for the drilling, mining, or collection of oil, gas, or
coal, or related activities unless such moratorium is
authorized by Federal statute.
(2) An action that would prohibit or substantially delay,
with respect to Federal land, the issuance of--
(A) a new oil and gas lease, drill permit,
approval, or authorization;
(B) a new coal lease, permit, approval, or
authorization; or
(C) a new hard rock (including the list of critical
minerals published in the notice of the Secretary of
the Interior entitled ``Final List of Critical Minerals
2018'' (83 Fed. Reg. 23295 (May 18, 2018))) lease,
permit, approval, or authorization.
(3) Withdrawal of Federal land from--
(A) forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; or
(C) disposition under laws pertaining to mineral
and geothermal leasing or mineral materials.
(c) Requirements.--To fulfill the requirements described in
subsection (a) with regard to an activity described in subsection (b),
the Secretary of the Interior shall--
(1) conduct a study to determine if the activity, relative
to the general population, is likely to--
(A) impose disproportionate costs on at-risk
communities; or
(B) increase the likelihood that at-risk
communities will experience energy poverty and job
losses;
(2) publish such study on a public website of the
Department of the Interior; and
(3) transmit a report on such study to Congress.
(d) Energy Poverty Study.--
(1) In general.--Subject to paragraph (3), upon request
from an entity described in paragraph (2), 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 any
other Federal department or agency with jurisdiction over such
project, shall conduct a study relating to how such project is
likely to alleviate energy poverty in at-risk communities,
including by--
(A) creating jobs;
(B) reducing energy prices; and
(C) other relevant measures identified by the lead
Federal department or agency or the requestor the
study.
(2) Requestors.--The following entities may compel a study
by request under paragraph (1):
(A) The sponsor of the energy or mineral project,
pipeline project, or transmission project on Federal
land regarding which the study is being conducted.
(B) A State or local government.
(C) An Indian Tribe.
(D) An entity determined appropriate by the lead
agency for the relevant project.
(3) Memorandum of understanding.--The lead Federal
department or agency with respect to the project to be studied
under paragraph (1) may not begin the study until that lead
Federal department or agency has entered into a memorandum of
understanding with the requestor of the study. A memorandum of
understanding entered into under this paragraph shall include--
(A) an agreement regarding a neutral third party to
conduct the study;
(B) a determination of what entity (with the
consent of that entity) will bear the cost of the
study, which may include stakeholders other than the
requestor; and
(C) such other aspects of the study that the lead
Federal department or agency and the requestor consider
appropriate.
SEC. 8. DEFINITIONS.
In this Act:
(1) At-risk community.--The term ``at-risk community''
means each of the following:
(A) A low-income community.
(B) A minority community.
(C) A rural community.
(D) An elderly community.
(E) A Native American community.
(2) Applicable energy regulation.--The term ``applicable
energy regulation'' means any Federal regulation that relates
to energy and--
(A) has an annual effect on the economy of not less
than $100,000,000;
(B) results in a major increase in costs or prices
for any consumer, industry, government 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.
(3) Designee of the president.--The term ``designee of the
President'' includes--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy; and
(C) the Secretary of the Interior.
(4) Energy poverty.--The term ``energy poverty'' means a
condition in which individuals and families do not have access
to affordable and reliable energy to maintain economic
security.
(5) Federal land defined.--In this section, the term
``Federal land''--
(A) 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 under the jurisdiction of the
Secretary of Energy; and
(B) includes land described in paragraph (1) for
which the rights to the surface estate or subsurface
estate are owned by a non-Federal entity.
(6) 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.
(7) 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).
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