118 HR 5482 IH: Energy Poverty Prevention and Accountability Act of 2023
U.S. House of Representatives
2023-09-14
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 5482
IN THE HOUSE OF REPRESENTATIVES
September 14, 2023
Ms. Hageman (for herself, Mr. Newhouse, Mr. Stauber, Mrs. Boebert, Mr. Gosar, Mr. Cole, Mr. Williams of New York, Mr. Graves of Louisiana, Mr. Hern, Mr. Donalds, Mr. Hunt, Mrs. Miller of West Virginia, and Mr. Zinke) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, 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 and ensure that at-risk communities have access to affordable energy.
1.

Short title
This Act may be cited as the “Energy Poverty Prevention and Accountability Act of 2023”.
2.

Sense of Congress
It is the sense of Congress that—
(1)
all Americans 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.
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; or
(E)
an American Indian, Alaska Native, or Native Hawaiian community.
(5)

Elderly community
The term elderly community means a census tract where the majority of the population consists of elderly persons (as “elderly person” is defined in section 891.205 of title 24, Code of Federal Regulations (as in effect on the date of the 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 Agriculture;
(iv)
the Secretary of Energy; or
(v)
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)
oil prices;
(v)
motor vehicle prices;
(vi)
natural gas prices; or
(vii)
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 means—
(A)
a census block group in which the poverty rate for such block group is at least 20 percent;
(B)
in the case of a block group not located within a metropolitan area, the median family income for such block group does not exceed 80 percent of statewide median family income; or
(C)
in the case of a block group located within a metropolitan area, the median family income for such block group does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income (as defined in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)).
(11)

Minority community
The term minority community means a census tract where the majority of the population consists of minority (as defined in section 104A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703a)) 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).
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 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 financial impacts 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)
increasing energy production on Federal lands;
(iv)
encouraging private energy sector investment in Federal land and Tribal land; and
(v)
improving grid resilience in remote areas.
5.

Executive activities 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 in any bill or resolution that could 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; or
(ii)
an action (including non-action with respect to an action directed to be carried out by statute or regulation) that prohibits or delays, 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;
- (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, 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 under subparagraph (A).
(4)

Energy poverty study
(A)

In general
On request by an entity described in subparagraph (B), a lead agency responsible for leasing or permitting an energy or mineral development project, pipeline project, or transmission project on Federal land, in consultation with another 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 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 pursuant to subparagraph (A).
(5)

Memorandum of understanding
(A)

In general
The lead agency, with respect to a project to be studied under paragraph (4)(A), may not begin the study until the lead 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 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 document 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.
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.