I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energizing Our Com5 munities Act’’. 

6 SEC. 2. COMMUNITY ECONOMIC DEVELOPMENT TRANS7 MISSION FUND. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED LOAN.—The term ‘‘covered loan’’ 

2 means any of the following issued after the date of 

3 enactment of this Act: 

4 (A) A loan issued under section 

5 40106(e)(1)(B) of the Infrastructure Invest6 ment and Jobs Act (42 U.S.C. 

7 18713(e)(1)(B)). 

8 (B) A direct loan provided under section 

9 50151 of Public Law 117–169 (commonly 

10 known as the ‘‘Inflation Reduction Act of 

11 2022’’) (42 U.S.C. 18715). 

12 (C) A loan made for an eligible project de13 scribed in paragraph (2)(C) under the Trans14 mission Infrastructure Program of the Western 

15 Area Power Administration. 

16 (D) Any other loan made under a Depart17 ment of Energy loan program identified in the 

18 report required under subsection (f)(1) with re19 spect to electric power transmission lines that 

20 are capable of transmitting 999 megawatts or 

21 more. 

22 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

23 project’’ means— 

24 (A) an eligible project (as defined in sec25 tion 40106(a) of the Infrastructure Investment 


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1 and Jobs Act (42 U.S.C. 18713(a))) that is 

2 carried out using a covered loan described in 

3 paragraph (1)(A); 

4 (B) a project for the construction or modi5 fication of electric transmission facilities that is 

6 carried out using a covered loan described in 

7 paragraph (1)(B); 

8 (C) a project for the purpose of con9 structing, financing, facilitating, planning, oper10 ating, or maintaining, or studying the construc11 tion of, new or upgraded electric power trans12 mission lines and related facilities with at least 

13 1 terminus within the service territory of the 

14 Western Area Power Administration that is car15 ried out using a covered loan described in para16 graph (1)(C); or 

17 (D) a project with respect to electric power 

18 transmission lines capable of transmitting 999 

19 megawatts or more that is carried out using a 

20 covered loan described in paragraph (1)(D). 

21 (3) FUND.—The term ‘‘Fund’’ means the Com22 munity Economic Development Transmission Fund 

23 established under subsection (b). 

24 (4) HOST COMMUNITY.—The term ‘‘host com25 munity’’ means— 


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1 (A) a local government, such as a munici2 pality, town, or county, with jurisdiction over 

3 any land on which an eligible project is or will 

4 be carried out; or 

5 (B) an Indian Tribe with jurisdiction over 

6 any land on which an eligible project is or will 

7 be carried out. 

8 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

9 has the meaning given the term in section 4 of the 

10 Indian Self-Determination and Education Assistance 

11 Act (25 U.S.C. 5304). 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Energy. 

14 (b) ESTABLISHMENT.—There is established in the 

15 Treasury a fund, to be known as the ‘‘Community Eco16 nomic Development Transmission Fund’’— 

17 (1) consisting of such amounts as may be de18 posited in the Fund pursuant to subsection (c); and 

19 (2) that shall be managed and administered by 

20 the Secretary to make payments, in accordance with 

21 this section, to host communities. 

22 (c) DEPOSITS IN THE FUND.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, a portion, determined in accordance 

25 with paragraph (2), of the interest charged and colVerDate Sep 11 2014 04:45 Apr 30, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8047.IH H8047

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1 lected with respect to a covered loan each fiscal year 

2 shall be deposited in the Fund to carry out the pro3 visions of this Act. 

4 (2) DETERMINATION OF PORTION.—The Sec5 retary, in consultation with the Secretary of the 

6 Treasury, shall determine the portion of interest 

7 charged and collected each fiscal year that shall be 

8 deposited in the Fund under this subsection. 

9 (d) EXPENDITURES FROM THE FUND.— 

10 (1) AVAILABILITY OF AMOUNTS.—Amounts in 

11 the Fund shall be available, as provided in appro12 priation Acts, for making payments as described in 

13 subsection (b)(2). 

14 (2) PAYMENTS.— 

15 (A) IN GENERAL.—The Secretary shall 

16 make a payment to a host community under 

17 this section not later than 18 months after con18 struction of the applicable eligible project com19 mences. 

20 (B) SINGLE SUM.—For any 1 eligible 

21 project, the Secretary may make not more than 

22 1 payment under this section to each host com23 munity eligible to receive a payment relating to 

24 that eligible project. 


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1 (3) ELIGIBILITY.—A host community shall be 

2 eligible to receive a payment under this section if the 

3 host community— 

4 (A) submits a request to the Secretary not 

5 later than 1 year after the host community re6 ceives notice under paragraph (4); and 

7 (B) certifies to the Secretary that the 

8 funds will be used for an eligible purpose de9 scribed in subsection (e). 

10 (4) NOTICE.—The Secretary shall provide host 

11 communities notice of the availability of payments 

12 under this section as part of the Federal siting and 

13 permitting processes for the applicable eligible 

14 project. 

15 (5) PAYMENT AMOUNT.—In determining the 

16 amount of a payment to a host community under 

17 this section, the Secretary shall— 

18 (A) develop and use a formula for dis19 bursement of funds that, to the extent prac20 ticable, ensures the long-term solvency of the 

21 Fund; and 

22 (B) in developing that formula— 

23 (i) take into account input from host 

24 communities and stakeholder groups reVerDate Sep 11 2014 04:45 Apr 30, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8047.IH H8047

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1 garding the impacts of eligible projects on 

2 host communities; and 

3 (ii) include a small-population commu4 nity minimum as part of the formula. 

5 (6) PAYMENTS IN LIEU OF TAXES.—Any 

6 amount received by a host community from a pay7 ment made under this section shall be in addition to 

8 any payment in lieu of taxes received by the host 

9 community under chapter 69 of title 31, United 

10 States Code. 

11 (e) ELIGIBLE USE OF FUNDS.— 

12 (1) COMMUNITY SUPPORT.—A host community 

13 may use up to 80 percent of the amounts received 

14 by that host community from a payment under this 

15 section to develop, deliver, or support— 

16 (A) services, projects, or programs that— 

17 (i) improve existing infrastructure or 

18 implement essential public services, includ19 ing services, projects, or programs relating 

20 to— 

21 (I) public schools; 

22 (II) public libraries; 

23 (III) public hospitals; 

24 (IV) roads, bridges, or public 

25 transportation; 


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1 (V) community centers or parks; 

2 (VI) firefighting or search and 

3 rescue services; or 

4 (VII) law enforcement; 

5 (ii) provide or expand access to— 

6 (I) broadband telecommuni7 cations services at local community 

8 anchor institutions (as defined in sec9 tion 60302 of the Digital Equity Act 

10 of 2021 (47 U.S.C. 1721)); 

11 (II) technology or connectivity 

12 needed for students to use a digital 

13 learning tool at or outside of a local 

14 school campus; or 

15 (III) farmers markets or other 

16 agricultural support; 

17 (iii) support local agricultural proc18 essing or distribution infrastructure; 

19 (iv) support workforce training pro20 grams for technical training, skill mastery, 

21 or business opportunities across the spec22 trum of careers in renewable energy, with 

23 emphasis on historically underrepresented 

24 communities in the renewable energy work25 force; or 


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1 (v) address public health by increasing 

2 outdoor recreation opportunities, including 

3 construction of new parks, for people of all 

4 backgrounds and abilities; or 

5 (B) other, similar services, projects, or pro6 grams. 

7 (2) CONSERVATION, STEWARDSHIP, AND

8 RECREATION.—A host community shall use at least 

9 20 percent of the amounts received by that host 

10 community from a payment under this section for 

11 conservation, stewardship, or recreation purposes, 

12 including— 

13 (A) restoring or protecting— 

14 (i) fish or wildlife habitat; 

15 (ii) fish or wildlife corridors; or 

16 (iii) wetlands, streams, rivers, or other 

17 natural water bodies in areas affected by 

18 transmission development; 

19 (B) preserving or improving recreational 

20 access to public land or water through an ease21 ment, right-of-way, or other instrument from 

22 willing landowners for the purpose of enhancing 

23 public access to existing Federal land or water 

24 that is inaccessible or restricted; 


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1 (C) developing new or renovating existing 

2 outdoor recreation facilities that provide out3 door recreation opportunities to the public; 

4 (D) creating or significantly enhancing ac5 cess to park or recreational opportunities in a 

6 neighborhood or community; 

7 (E) engaging or empowering underserved 

8 communities or youth; 

9 (F) facilitating public-private partnerships 

10 to enhance public outdoor recreational access, 

11 infrastructure improvements, or conservation 

12 efforts; 

13 (G) for natural climate solutions, including 

14 programs that— 

15 (i) accommodate biochar or other na16 ture-based opportunities for carbon seques17 tration; 

18 (ii) support wildfire resilience to en19 sure healthy and resilient forests or grass20 lands; 

21 (iii) promote the planting, growing, or 

22 restoring of trees or forests; 

23 (iv) support resilience against natural 

24 disasters to ensure healthy and resilient 

25 communities; 


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1 (v) empower farmers in the United 

2 States to incorporate conservation or cli3 mate co-benefits in their agricultural prac4 tices; or 

5 (vi) support or implement traditional 

6 ecological knowledge; or 

7 (H) other, similar services, projects, or 

8 programs. 

9 (f) REPORTS.— 

10 (1) COVERAGE.—Not later than 90 days after 

11 the date of enactment of this Act, the Secretary 

12 shall submit to the Committee on Energy and Nat13 ural Resources of the Senate and the Committee on 

14 Energy and Commerce of the House of Representa15 tives a report detailing the loan programs within the 

16 Department of Energy that fund electric power 

17 transmission lines and related infrastructure that 

18 are capable of transmitting 999 megawatts or more. 

19 (2) ANNUAL REPORT.— 

20 (A) IN GENERAL.—Not later than 60 days 

21 after the end of each fiscal year, the Secretary 

22 shall submit to the Committee on Energy and 

23 Natural Resources of the Senate and the Com24 mittee on Energy and Commerce of the House 


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1 of Representatives a report on the operation of 

2 the Fund during that fiscal year. 

3 (B) REPORT REQUIREMENTS.—Each re4 port submitted under subparagraph (A) shall 

5 include— 

6 (i) a statement of— 

7 (I) the amounts deposited in the 

8 Fund during the applicable fiscal 

9 year; and 

10 (II) the balance remaining in the 

11 Fund at the end of that fiscal year; 

12 and 

13 (ii) a list of— 

14 (I) host communities that re15 ceived amounts made available from 

16 the Fund during that fiscal year; 

17 (II) the associated eligible 

18 projects carried out in those host com19 munities; and 

20 (III) the amount that each of 

21 those host communities received. 

22 (g) SAVINGS PROVISION.—Nothing in this section, in23 cluding the receipt of amounts made available from the 

24 Fund— 


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1 (1) precludes a host community from entering 

2 into a community benefit agreement with an owner 

3 of transmission infrastructure; or 

4 (2) otherwise affects the authority of a host 

5 community or an owner of transmission infrastruc6 ture with respect to any community benefit agree7 ment. 

Æ 


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