[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2148 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2148
To promote long-term economic recovery and job creation in
environmental justice communities by providing for investment in
catalytic local predevelopment projects for resilient climate
infrastructure innovation, to provide assistance to support State and
local project development, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mr. Markey (for himself, Mr. Padilla, Mr. Kelly, Mr. Durbin, Mr.
Booker, and Ms. Warren) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To promote long-term economic recovery and job creation in
environmental justice communities by providing for investment in
catalytic local predevelopment projects for resilient climate
infrastructure innovation, 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; PURPOSE.
(a) Findings.--Congress finds that--
(1) infrastructure systems in the United States are in a
period of significant disrepair and are increasingly vulnerable
due to climate change;
(2) aging infrastructure, new technologies, increasing
complexity, and increasing incidents of severe weather due to
climate change pose new challenges to the resilience of those
infrastructure systems;
(3) the climate resilience challenge is most acute in
environmental justice communities in the United States, which
face a chronic underinvestment in infrastructure systems and
require restorative investments to rebuild with equity;
(4) 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;
(5) 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;
(6) 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;
(7) well-managed and resilient regional, State, and local
infrastructure assets will lower future Federal taxpayer costs
for recovery and restoration efforts;
(8) 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;
(9) States and regions have unique infrastructure systems
and challenges, such as--
(A) wildfires and droughts in the West;
(B) failing dams and levees in the Midwest and
Mississippi regions;
(C) stormwater management issues in the South and
East; and
(D) 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;
(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;
(15) the Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 429) makes a once-in-a-generation investment
of $1,200,000,000,000 to rebuild and modernize the
infrastructure of the United States;
(16) Public Law 117-169 (136 Stat. 1818) (commonly known as
the ``Inflation Reduction Act of 2022'') includes an estimated
$369,000,000,000 in appropriations and tax credits for climate-
related and energy-related investments, the largest Federal
climate change legislation to be enacted into law; and
(17) Executive Order 14008 (42 U.S.C. 4321 note; relating
to tackling the climate crisis at home and abroad), issued by
President Biden on January 27, 2021, created the Justice40
Initiative to deliver 40 percent of climate-related investments
to communities identified as ``disadvantaged''.
(b) Purpose.--Recognizing that pressing climate-resilient
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 environmental justice 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.--
(A) In general.--The term ``capacity building''
means the process of strengthening local coordination,
leadership, knowledge, skills, expertise, and access to
resources with the goal of helping to develop or
increase the ability of a community to independently
implement projects in the future.
(B) Inclusions.--The term ``capacity building''
includes all activities associated with early stage
community-based project formation and
conceptualization, prior to project predevelopment
activity, such as identifying and planning for needed
climate change mitigation and adaptation projects and
providing 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) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(I) Middle Eastern and North African.
(3) 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 non-profit
organization, or a for-profit organization.
(4) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(5) 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).
(6) 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 5(c)(2).
(7) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(8) 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.
(9) 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 identification of
additional funding sources or 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.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(11) Tribal and indigenous community.--The term ``Tribal
and Indigenous community'' means a population of individuals
who are members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native community or organization;
(D) a Native Hawaiian community or organization; or
(E) any other Indigenous community located in a
State.
SEC. 4. LOCAL INFRASTRUCTURE FUNDING & TECHNICAL ASSISTANCE GRANT
REQUIREMENTS.
(a) Limitations.--In making grants with amounts made available
under section 5(c)(2), the Secretary--
(1) may provide not more than 50 percent of the grant
amount prior to an eligible recipient commencing predevelopment
activities described in that section; and
(2) may not--
(A) provide to an eligible recipient more than 1
grant for which the eligible recipient is the lead
applicant; or
(B) make a grant in an amount of more than
$500,000.
(b) Partnerships.--
(1) In general.--Subject to paragraph (2), an eligible
recipient seeking to receive a grant under section 5(c)(2)
shall demonstrate multi-stakeholder partnerships between
stakeholders such as community-based organizations, nonprofit
organizations, faith-based organizations, coalitions, community
development corporations, units of local government, and other
stakeholders, as determined appropriate by the Secretary.
(2) Requirement.--In demonstrating a partnership under
paragraph (1), an eligible entity shall identify 1 or more
community-based organizations or community-serving
organizations.
(c) Use of Grant.--An eligible recipient may use a grant under
section 5(c)(2) for project predevelopment, including--
(1) project planning, community outreach and engagement,
and associated marketing and communications;
(2) predevelopment studies, including--
(A) feasibility studies;
(B) studies evaluating the needs of, and
development potential for, economic growth of areas
that the Secretary determines have substantial need for
the assistance; and
(C) 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;
(3) demonstrations of innovative activities or strategic
economic development investments;
(4) management and operational assistance;
(5) establishment of university centers;
(6) establishment of business outreach centers, including
business clusters to support project predevelopment;
(7) other activities determined by the Secretary to be
appropriate; and
(8) making a grant to an organization to carry out any of
the activities described in paragraphs (1) through (7).
(d) Selection.--
(1) In general.--The Secretary may award a grant under
section 5(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 section 5(c)(2),
the Secretary shall give priority to eligible recipients that--
(A) are located in an environmental justice
community;
(B) demonstrate strong and diverse partnerships,
particularly with community-based organizations;
(C) propose to carry out activities that would
improve community adaptation and resiliency;
(D) advance equitable workforce development or
increase wealth-building opportunities for
environmental justice communities;
(E) propose to carry out activities that would--
(i) result in predicted large greenhouse
gas reductions; or
(ii) reduce air pollution;
(F) propose to carry out activities that would
result in large improvements to public health;
(G) propose to carry out activities that would
modernize communities and community connectivity;
(H) are partnerships between an institution of
higher education and a labor organization; or
(I) are minority or women-led entities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts otherwise available, there
is authorized to be appropriated for fiscal year 2024 $15,000,000,000,
to remain available until September 30, 2029, to the Secretary 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 2024,
$300,000,000, to remain available until September 30, 2029, to the
Secretary for the administrative costs of carrying out this section,
including the costs of using 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 4.
(d) Environmental Justice 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
environmental justice communities.
<all>