[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8047 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8047
To support communities that host transmission lines and to promote
conservation and recreation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2024
Ms. Kuster introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To support communities that host transmission lines and to promote
conservation and recreation, 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 ``Energizing Our Communities Act''.
SEC. 2. COMMUNITY ECONOMIC DEVELOPMENT TRANSMISSION FUND.
(a) Definitions.--In this section:
(1) Covered loan.--The term ``covered loan'' means any of
the following issued after the date of enactment of this Act:
(A) A loan issued under section 40106(e)(1)(B) of
the Infrastructure Investment and Jobs Act (42 U.S.C.
18713(e)(1)(B)).
(B) A direct loan provided under section 50151 of
Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') (42 U.S.C. 18715).
(C) A loan made for an eligible project described
in paragraph (2)(C) under the Transmission
Infrastructure Program of the Western Area Power
Administration.
(D) Any other loan made under a Department of
Energy loan program identified in the report required
under subsection (f)(1) with respect to electric power
transmission lines that are capable of transmitting 999
megawatts or more.
(2) Eligible project.--The term ``eligible project''
means--
(A) an eligible project (as defined in section
40106(a) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 18713(a))) that is carried out using a
covered loan described in paragraph (1)(A);
(B) a project for the construction or modification
of electric transmission facilities that is carried out
using a covered loan described in paragraph (1)(B);
(C) a project for the purpose of constructing,
financing, facilitating, planning, operating, or
maintaining, or studying the construction of, new or
upgraded electric power transmission lines and related
facilities with at least 1 terminus within the service
territory of the Western Area Power Administration that
is carried out using a covered loan described in
paragraph (1)(C); or
(D) a project with respect to electric power
transmission lines capable of transmitting 999
megawatts or more that is carried out using a covered
loan described in paragraph (1)(D).
(3) Fund.--The term ``Fund'' means the Community Economic
Development Transmission Fund established under subsection (b).
(4) Host community.--The term ``host community'' means--
(A) a local government, such as a municipality,
town, or county, with jurisdiction over any land on
which an eligible project is or will be carried out; or
(B) an Indian Tribe with jurisdiction over any land
on which an eligible project is or will be carried out.
(5) 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).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--There is established in the Treasury a fund, to
be known as the ``Community Economic Development Transmission Fund''--
(1) consisting of such amounts as may be deposited in the
Fund pursuant to subsection (c); and
(2) that shall be managed and administered by the Secretary
to make payments, in accordance with this section, to host
communities.
(c) Deposits in the Fund.--
(1) In general.--Notwithstanding any other provision of
law, a portion, determined in accordance with paragraph (2), of
the interest charged and collected with respect to a covered
loan each fiscal year shall be deposited in the Fund to carry
out the provisions of this Act.
(2) Determination of portion.--The Secretary, in
consultation with the Secretary of the Treasury, shall
determine the portion of interest charged and collected each
fiscal year that shall be deposited in the Fund under this
subsection.
(d) Expenditures From the Fund.--
(1) Availability of amounts.--Amounts in the Fund shall be
available, as provided in appropriation Acts, for making
payments as described in subsection (b)(2).
(2) Payments.--
(A) In general.--The Secretary shall make a payment
to a host community under this section not later than
18 months after construction of the applicable eligible
project commences.
(B) Single sum.--For any 1 eligible project, the
Secretary may make not more than 1 payment under this
section to each host community eligible to receive a
payment relating to that eligible project.
(3) Eligibility.--A host community shall be eligible to
receive a payment under this section if the host community--
(A) submits a request to the Secretary not later
than 1 year after the host community receives notice
under paragraph (4); and
(B) certifies to the Secretary that the funds will
be used for an eligible purpose described in subsection
(e).
(4) Notice.--The Secretary shall provide host communities
notice of the availability of payments under this section as
part of the Federal siting and permitting processes for the
applicable eligible project.
(5) Payment amount.--In determining the amount of a payment
to a host community under this section, the Secretary shall--
(A) develop and use a formula for disbursement of
funds that, to the extent practicable, ensures the
long-term solvency of the Fund; and
(B) in developing that formula--
(i) take into account input from host
communities and stakeholder groups regarding
the impacts of eligible projects on host
communities; and
(ii) include a small-population community
minimum as part of the formula.
(6) Payments in lieu of taxes.--Any amount received by a
host community from a payment made under this section shall be
in addition to any payment in lieu of taxes received by the
host community under chapter 69 of title 31, United States
Code.
(e) Eligible Use of Funds.--
(1) Community support.--A host community may use up to 80
percent of the amounts received by that host community from a
payment under this section to develop, deliver, or support--
(A) services, projects, or programs that--
(i) improve existing infrastructure or
implement essential public services, including
services, projects, or programs relating to--
(I) public schools;
(II) public libraries;
(III) public hospitals;
(IV) roads, bridges, or public
transportation;
(V) community centers or parks;
(VI) firefighting or search and
rescue services; or
(VII) law enforcement;
(ii) provide or expand access to--
(I) broadband telecommunications
services at local community anchor
institutions (as defined in section
60302 of the Digital Equity Act of 2021
(47 U.S.C. 1721));
(II) technology or connectivity
needed for students to use a digital
learning tool at or outside of a local
school campus; or
(III) farmers markets or other
agricultural support;
(iii) support local agricultural processing
or distribution infrastructure;
(iv) support workforce training programs
for technical training, skill mastery, or
business opportunities across the spectrum of
careers in renewable energy, with emphasis on
historically underrepresented communities in
the renewable energy workforce; or
(v) address public health by increasing
outdoor recreation opportunities, including
construction of new parks, for people of all
backgrounds and abilities; or
(B) other, similar services, projects, or programs.
(2) Conservation, stewardship, and recreation.--A host
community shall use at least 20 percent of the amounts received
by that host community from a payment under this section for
conservation, stewardship, or recreation purposes, including--
(A) restoring or protecting--
(i) fish or wildlife habitat;
(ii) fish or wildlife corridors; or
(iii) wetlands, streams, rivers, or other
natural water bodies in areas affected by
transmission development;
(B) preserving or improving recreational access to
public land or water through an easement, right-of-way,
or other instrument from willing landowners for the
purpose of enhancing public access to existing Federal
land or water that is inaccessible or restricted;
(C) developing new or renovating existing outdoor
recreation facilities that provide outdoor recreation
opportunities to the public;
(D) creating or significantly enhancing access to
park or recreational opportunities in a neighborhood or
community;
(E) engaging or empowering underserved communities
or youth;
(F) facilitating public-private partnerships to
enhance public outdoor recreational access,
infrastructure improvements, or conservation efforts;
(G) for natural climate solutions, including
programs that--
(i) accommodate biochar or other nature-
based opportunities for carbon sequestration;
(ii) support wildfire resilience to ensure
healthy and resilient forests or grasslands;
(iii) promote the planting, growing, or
restoring of trees or forests;
(iv) support resilience against natural
disasters to ensure healthy and resilient
communities;
(v) empower farmers in the United States to
incorporate conservation or climate co-benefits
in their agricultural practices; or
(vi) support or implement traditional
ecological knowledge; or
(H) other, similar services, projects, or programs.
(f) Reports.--
(1) Coverage.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report detailing the loan programs within the
Department of Energy that fund electric power transmission
lines and related infrastructure that are capable of
transmitting 999 megawatts or more.
(2) Annual report.--
(A) In general.--Not later than 60 days after the
end of each fiscal year, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the operation of
the Fund during that fiscal year.
(B) Report requirements.--Each report submitted
under subparagraph (A) shall include--
(i) a statement of--
(I) the amounts deposited in the
Fund during the applicable fiscal year;
and
(II) the balance remaining in the
Fund at the end of that fiscal year;
and
(ii) a list of--
(I) host communities that received
amounts made available from the Fund
during that fiscal year;
(II) the associated eligible
projects carried out in those host
communities; and
(III) the amount that each of those
host communities received.
(g) Savings Provision.--Nothing in this section, including the
receipt of amounts made available from the Fund--
(1) precludes a host community from entering into a
community benefit agreement with an owner of transmission
infrastructure; or
(2) otherwise affects the authority of a host community or
an owner of transmission infrastructure with respect to any
community benefit agreement.
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