HR5482-118

1. Short title This Act may be cited as the Energy Poverty Prevention and Accountability Act of 2024.

2. Sense of Congress It is the sense of Congress that— all Americans should have equal access to affordable and reliable energy to maintain personal health and economic security; 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 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: The term agency has the meaning given the term in section 551 of title 5, United States Code. The term agency action has the meaning given the term in section 551 of title 5, United States Code. The term at-risk community means— a low-income community; a minority community; a rural community; an elderly community; or an American Indian, Alaska Native, or Native Hawaiian 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)). The term energy poverty means a condition in which individuals do not have access to affordable and reliable energy to maintain economic security. The term energy rule means a rule (as such term is defined in section 551 of title 5, United States Code)— promulgated by— the Administrator of the Environmental Protection Agency; the Secretary of the Interior; the Secretary of Agriculture; the Secretary of Energy; or any other agency the actions of which may affect energy poverty in an at-risk community; and that may result in a change to— electricity prices; home heating prices; gasoline prices; oil prices; motor vehicle prices; natural gas prices; or household appliance prices. The term Federal land means— National Forest System land; public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); and land managed by the Department of Energy. 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. 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). The term low-income community means— a census block group in which the poverty rate for such block group is at least 20 percent; 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 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)). 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. 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). 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. 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 The Comptroller General of the United States, in consultation with each relevant agency, shall— 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, and if those laws, rules, and standards created disproportionate financial impacts on at-risk communities relative to the general population; 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 develop criteria to determine whether an at-risk community is experiencing energy poverty. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— describes the analysis conducted under subsection (a)(1) and the barriers identified under subsection (a)(2); identifies the at-risk communities that are experiencing energy poverty, by location and type; and provides recommendations on— how to reduce energy poverty in at-risk communities; and actions each applicable agency may take to reduce the barriers described in subsection (a)(2), including by— rescinding or modifying energy rules; establishing lower fees or lowering other costs; improving the approval process for rights-of-way on Federal land and Tribal land; increasing energy production on Federal lands; encouraging private energy sector investment in Federal land and Tribal land; and improving grid resilience in remote areas.

5. Executive activities supporting at-risk communities 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. In this subsection: The term activity means— 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 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— the issuance of— new oil and gas or geothermal lease sales, oil and gas or geothermal leases, drill permits, or associated approvals, or authorizations of any kind associated with oil and gas or geothermal leases; new coal leases (including leases by application in process, renewals, modifications, or expansions of existing leases), permits, approvals, or authorizations; or new mineral patents, leases, claims, permits, approvals, or authorizations; or a withdrawal of Federal land from— forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; or disposition under laws pertaining to mineral and geothermal leasing or mineral materials. The term designee of the President means— the Secretary of Agriculture; the Secretary of Energy; the Secretary of the Interior; and the Administrator of the Environmental Protection Agency. 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)). 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. For each activity, the Secretary of the Interior shall— conduct a study to determine if the activity, relative to the general population, is likely to— impose disproportionate financial impacts on at-risk communities; or increase the likelihood that at-risk communities will experience energy poverty and job losses; publish the study on a public website of the Department of the Interior; and submit to Congress a report on the study that describes the study findings under subparagraph (A). 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— creating jobs; reducing energy prices; and other relevant measures as determined by the lead agency, or the entity requesting the study. 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). 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. A memorandum of understanding entered into under this paragraph shall include— an agreement regarding a neutral third party to conduct the study; 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 such other aspects of the study that the lead agency and the entity that requested the study consider appropriate. 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 an interpretative rule), general statement of policy, development or revision of a resource management plan (or equivalent document), handbook or manual revision, or guidance document shall— certify that the agency has determined the rule, policy, plan, revision, or guidance will not result in short-term or long-term energy poverty in at-risk communities; and include an energy poverty statement described in paragraph (2). An energy poverty statement referred to in paragraph (1) shall— be displayed prominently on the first page of the rule, policy, plan, revision, or guidance document; and include a justification for the determination made under paragraph (1)(A).

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.