[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9651 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9651
To promote long-term economic recovery and job creation in underserved
communities by providing for investment in catalytic local
predevelopment projects for resilient climate infrastructure innovation
and to provide assistance to support State and local project
development, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 21, 2022
Mr. Carter of Louisiana introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Financial Services, 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 promote long-term economic recovery and job creation in underserved
communities by providing for investment in catalytic local
predevelopment projects for resilient climate infrastructure innovation
and to provide assistance to support State and local project
development, 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 ``Local Infrastructure Funding &
Technical assistance Act'' or the ``LIFT Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds that--
(1) infrastructure systems in the United States are in a
period of significant disrepair and are increasingly
vulnerable;
(2) aging infrastructure, new technologies, increasing
complexity, and increasing incidents of severe weather pose new
challenges to the resilience of those infrastructure systems;
(3) the climate resilience challenge is most acute in
underserved communities in the United States, which face a
chronic underinvestment in infrastructure systems and require
restorative investments to rebuild with equity;
(4) in purchasing infrastructure, the Federal Government
typically accepts a low-cost capital bid without a plan for
maintaining an asset that is designed to last 30 to 40 years,
such that investing in local best practices and capacity for
better procurement, asset management, design, lifecycle
finance, and innovative data and sensor systems will partially
address the resilient infrastructure funding crisis in the
United States;
(5) experts have determined that predevelopment funding at
the local and project levels is the critical gap in
accelerating efforts of the Federal Government--
(A) to support climate-resilient infrastructure
systems and regional economies; and
(B) to create a steady stream of ``shovel-worthy''
and well-maintained community projects;
(6) economic analyses have determined that existing Federal
and State predevelopment programs generate as much as $16 to
$20 in economic activity for every $1 of public funds expended;
(7) studies demonstrate that the development of stronger
lifecycle infrastructure methods by State and local project
sponsors will likely help local governments better leverage
current and future Federal taxpayer investment in public
infrastructure through partnerships with impact investors;
(8) well-managed and resilient regional, State, and local
infrastructure assets will lower future Federal taxpayer costs
for recovery and restoration efforts;
(9) States and regions have unique infrastructure systems
and challenges, such as--
(A) hurricanes and flooding along the coasts;
(B) wildfires and droughts in the West;
(C) failing dams and levees in the Midwest and
Mississippi regions;
(D) stormwater management issues in the East; and
(E) broadband connectivity in the Intermountain
region;
(10) the interconnected nature of energy, water, building
stock, transportation, and communication systems demands new
investments and innovations--
(A) to prepare for mitigating risks and
cyberattacks; and
(B) to carry out integrated deployment strategies;
(11) the basic infrastructure needs of many communities are
changing during the COVID-19 era to emphasize distance learning
and public health, while much of the infrastructure stock of
the United States created in the 1950s, 1960s, and 1970s is
aging;
(12) \2/3\ of United States infrastructure is funded at the
State and local levels;
(13) the Federal Government, in the role of a long-term
strategic infrastructure partner, should focus on making
catalytic investments that--
(A) promote local best practices in resilient
infrastructure through performance-based investments in
States and communities;
(B) encourage regional innovation, innovative
partnerships, and economic resilience strategies and
outcomes that fund long-term capacity building and
economic recovery; and
(C) provide strategic capacity building resources,
technical assistance, and flexible predevelopment
support for resilient infrastructure project
development that allows States and communities to
accelerate the most critical State and community
infrastructure needs; and
(14) grantees and applicants of the Assistance for Coal
Communities program of the Economic Development Administration
have expressed financial hardship with meeting all project
predevelopment costs needed to be eligible for that program and
to transition away from fossil fuel infrastructure.
(b) Purpose.--Recognizing that pressing climate infrastructure
needs differ by State and region, and that Federal program support for
project predevelopment is limited or inflexible due to programmatic
silos, the purpose of this Act is to establish new, flexible funding
streams and expedited processes--
(1) to accelerate timely, resilient infrastructure
deployment, specifically in underserved communities;
(2) to reduce taxpayer costs in response to disasters
involving infrastructure; and
(3) to preserve existing jobs and to create new jobs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Capacity building.--The term ``capacity building''
includes all activities associated with early stage community-
based project formation and conceptualization, prior to project
predevelopment activity, including stipends to local community
organizations for planning participation, community outreach
and engagement activities, grant writing, research, and
mentorship support to move projects from formation and
conceptualization to project predevelopment.
(2) Eligible recipient.--The term ``eligible recipient''
means--
(A) an eligible recipient (as defined in section 3
of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3122)); and
(B) a private individual, a nonprofit organization,
or a for-profit organization.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Lead applicant.--The term ``lead applicant'' means the
eligible recipient that is primarily responsible for the
preparation, conduct, and administration of the project for
which a grant is provided under section 4(b)(2).
(5) Minority or woman-led entity.--The term ``minority or
woman-led entity'' means an organization, as determined by the
Secretary--
(A) for which a majority of the governing board of
directors and executive leadership of the organization
are women or minority persons;
(B) that is not dependent on or influenced by
another non-eligible person or organization; and
(C) that has not been established for the purpose
of this Act.
(6) Project predevelopment.--The term ``project
predevelopment'' means a measure required to be completed
before construction of a project may occur, such as--
(A) architectural or engineering work;
(B) a market assessment;
(C) community outreach and engagement;
(D) an economic feasibility study;
(E) the acquisition of a site or lease;
(F) preparation of a business plan;
(G) any activity relating to permitting;
(H) any activity relating to the writing of grant
applications;
(I) capacity building in local governments,
community institutions, and nonprofit organizations;
and
(J) training for unionized labor to execute on such
activities.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Underserved community.--The term ``underserved
community'' means--
(A) a community--
(i) with significant representation of
communities of color, low-income communities,
or indigenous communities; and
(ii) that experiences, or is at risk of
experiencing, higher or more adverse human
health or environmental effects, as compared to
other communities;
(B) Tribal communities;
(C) a community facing economic transition,
deindustrialization, and historic under-investment; or
(D) a community with a high rate of poverty or
unemployment.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts otherwise available, there
is authorized to be appropriated for fiscal year 2022 $15,000,000,000
to remain available until September 30, 2027, to the Secretary of
Commerce for economic adjustment assistance under section 209 of the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) to
provide grants for project predevelopment and technical assistance.
(b) Administrative Costs.--In addition to amounts otherwise
available, there is authorized to be appropriated for fiscal year 2022
$300,000,000 to remain available until September 30, 2027, to the
Secretary of Commerce for the administrative costs of carrying out this
section, including the costs of utilizing temporary Federal personnel
as may be necessary.
(c) Type of Grants.--Of the amounts made available under subsection
(a)--
(1) $5,000,000,000 shall be for technical assistance and
grants to eligible recipients to perform capacity building; and
(2) $10,000,000,000 shall be for grants to eligible
recipients to perform project predevelopment activities to
assist States and communities that need support with climate
infrastructure investments, subject to the requirements of
section 5.
(d) Underserved Communities.--Of the amounts made available under
subsection (a), not less than 50 percent shall be used for activities
described in subsection (c) that are carried out in underserved
communities.
SEC. 5. LOCAL INFRASTRUCTURE FUNDING & TECHNICAL ASSISTANCE GRANT
REQUIREMENTS.
(a) Limitations.--In making grants with amounts made available
under section 4(c)(2), the Secretary may not--
(1) provide to an eligible recipient more than 1 grant for
which the eligible recipient is the lead applicant; or
(2) make a grant in an amount of more than $500,000.
(b) Partnerships.--An eligible recipient seeking to receive a grant
under section 4(c)(2) may partner with 1 or more--
(1) eligible recipient; or
(2) any other entity, as determined by the Secretary.
(c) Use of Grant.--An eligible recipient may use a grant under
section 4(c)(2) for project predevelopment including--
(1) project planning, community outreach and engagement,
and feasibility studies;
(2) demonstrations of innovative activities or strategic
economic development investments;
(3) management and operational assistance;
(4) establishment of university centers;
(5) establishment of business outreach centers;
(6) studies evaluating the needs of, and development
potential for, economic growth of areas that the Secretary
determines have substantial need for the assistance;
(7) studies that evaluate the effectiveness of coordinating
projects funded under the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 et seq.) with projects funded under
other Acts;
(8) assessment, marketing, and establishment of business
clusters;
(9) other activities determined by the Secretary to be
appropriate; and
(10) making a grant to an organization to carry out any of
the activities described in paragraphs (1) through (9).
(d) Selection.--
(1) In general.--The Secretary may award a grant under
section 4(c)(2) only after an evaluation of--
(A) the merits of the application;
(B) the likely low- to no-carbon opportunities
described in the application that align with any
Federal climate and resiliency goals;
(C) the extent to which the proposed activities
would create efficiency of operations across services;
and
(D) the extent to which the proposed activities
would promote resources to invest in community
infrastructure.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible recipients that--
(A) are minority or women-led entities;
(B) are partnerships between an institution of
higher education and a labor organization;
(C) are located in an underserved community;
(D) propose to carry out activities that would--
(i) result in predicted large greenhouse
gas reductions; or
(ii) reduce air pollution;
(E) propose to carry out activities that would
result in large improvements to public health;
(F) propose to carry out activities that would
improve community adaptation and resiliency; or
(G) propose to carry out activities that would
modernize communities and community connectivity.
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