II 

118TH CONGRESS 

1ST SESSION S. 2826 

To prevent energy poverty and ensure that at-risk communities have access 

to affordable energy. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2023 

Mr. SULLIVAN (for himself and Mr. LEE) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To prevent energy poverty and ensure that at-risk 

communities have access to affordable energy. 

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 ‘‘Energy Poverty Pre5 vention and Accountability Act of 2023’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) all people in the United States should have 

9 equal access to affordable and reliable energy to 

10 maintain personal health and economic security; 


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1 (2) the United States should mitigate the dis2 parate impact of increases in the cost of energy on 

3 at-risk communities because those communities are 

4 more likely to have a fixed income and spend a high5 er percentage of their income on energy compared to 

6 the general population; and 

7 (3) to prevent energy poverty and ensure that 

8 each at-risk community has access to affordable en9 ergy, the United States should ensure that Federal 

10 policies will not increase the cost of energy for any 

11 at-risk community. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) AGENCY.—The term ‘‘agency’’ has the 

15 meaning given the term in section 551 of title 5, 

16 United States Code. 

17 (2) AGENCY ACTION.—The term ‘‘agency ac18 tion’’ has the meaning given the term in section 551 

19 of title 5, United States Code. 

20 (3) APPLICABLE ENERGY RULE.—The term 

21 ‘‘applicable energy rule’’ means any energy rule 

22 that— 

23 (A) has an annual effect on the economy 

24 of not less than $50,000,000; 


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1 (B) results in a major increase in costs or 

2 prices for any consumer, industry, agency, or 

3 geographic region; or 

4 (C) has a significant adverse effect on 

5 competition, employment, investment, produc6 tivity, innovation, or the ability of an enterprise 

7 based in the United States to compete with a 

8 foreign-based enterprise in a domestic or inter9 national market. 

10 (4) AT-RISK COMMUNITY.—The term ‘‘at-risk 

11 community’’ means— 

12 (A) a low-income community; 

13 (B) a minority community; 

14 (C) a rural community; 

15 (D) an elderly community; and 

16 (E) an American Indian, Alaska Native, or 

17 Native Hawaiian community. 

18 (5) ELDERLY COMMUNITY.—The term ‘‘elderly 

19 community’’ means a census tract in which the ma20 jority of the population consists of elderly persons 

21 (as defined in section 891.205 of title 24, Code of 

22 Federal Regulations (as in effect on the date of en23 actment of this Act)). 

24 (6) ENERGY POVERTY.—The term ‘‘energy pov25 erty’’ means a condition in which individuals do not 


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1 have access to affordable and reliable energy to 

2 maintain economic security. 

3 (7) ENERGY RULE.— 

4 (A) IN GENERAL.—The term ‘‘energy rule’’ 

5 means a rule (as defined in section 551 of title 

6 5, United States Code) promulgated by— 

7 (i) the Administrator of the Environ8 mental Protection Agency; 

9 (ii) the Secretary of the Interior; 

10 (iii) the Secretary of Energy; and 

11 (iv) any other agency the actions of 

12 which may affect energy poverty in an at13 risk community. 

14 (B) INCLUSIONS.—The term ‘‘energy rule’’ 

15 includes any rule described in subparagraph (A) 

16 that may result in a change to— 

17 (i) electricity prices; 

18 (ii) home heating prices; 

19 (iii) gasoline prices; 

20 (iv) motor vehicle prices; 

21 (v) natural gas prices; or 

22 (vi) household appliance prices. 

23 (8) FEDERAL LAND.— 

24 (A) IN GENERAL.—The term ‘‘Federal 

25 land’’ means— 


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1 (i) National Forest System land; 

2 (ii) public lands (as defined in section 

3 103 of the Federal Land Policy and Man4 agement Act of 1976 (43 U.S.C. 1702)); 

5 (iii) the outer Continental Shelf (as 

6 defined in section 2 of the Outer Conti7 nental Shelf Lands Act (43 U.S.C. 1331)); 

8 and 

9 (iv) land managed by the Department 

10 of Energy. 

11 (B) INCLUSION.—The term ‘‘Federal 

12 land’’ includes land described in subparagraph 

13 (A) for which the rights to the surface estate or 

14 subsurface estate are owned by a non-Federal 

15 entity. 

16 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

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

18 Indian Self-Determination and Education Assistance 

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

20 (10) LOW-INCOME COMMUNITY.—The term 

21 ‘‘low-income community’’ has the meaning given the 

22 term in section 45D(e)(1) of the Internal Revenue 

23 Code of 1986. 

24 (11) MINORITY COMMUNITY.—The term ‘‘mi25 nority community’’ means a census tract in which 


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1 the majority of the population consists of minority 

2 (as defined in section 104A(a) of the Community 

3 Development Banking and Financial Institutions Act 

4 of 1994 (12 U.S.C. 4703a(a))) individuals. 

5 (12) RURAL COMMUNITY.—The term ‘‘rural 

6 community’’ means a community that is located in 

7 an area that is outside of an urbanized area (as de8 fined in section 5302 of title 49, United States 

9 Code). 

10 (13) STATE RENEWABLE PORTFOLIO STAND11 ARD.—The term ‘‘State renewable portfolio stand12 ard’’ means any State regulation that is designed to 

13 increase the use of renewable energy sources, includ14 ing wind, solar, geothermal, and biomass, to gen15 erate electricity. 

16 (14) TRIBAL LAND.—The term ‘‘Tribal land’’ 

17 has the meaning given the term ‘‘Indian land’’ in 

18 section 2601 of the Energy Policy Act of 1992 (25 

19 U.S.C. 3501). 

20 SEC. 4. REPORTS ON ACCESS TO RELIABLE AND AFFORD21 ABLE ENERGY. 

22 (a) COMPTROLLER GENERAL.—The Comptroller 

23 General of the United States, in consultation with each 

24 relevant agency, shall— 


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1 (1) conduct an analysis of Federal energy laws, 

2 energy rules, and State renewable portfolio stand3 ards to determine how those laws, rules, and stand4 ards affected at-risk communities during the pre5 ceding fiscal year; 

6 (2) identify barriers to the ability of at-risk 

7 communities that live on or near Federal land or 

8 Tribal land to access reliable and affordable energy, 

9 including the manner in which the presence of ade10 quate energy transmission infrastructure affects that 

11 access; and 

12 (3) develop criteria to determine whether an at13 risk community is experiencing energy poverty. 

14 (b) OFFICE OF MANAGEMENT AND BUDGET.—The 

15 Director of the Office of Management and Budget shall 

16 review each applicable energy rule to determine if the ap17 plicable energy rule imposes disproportionate costs on at18 risk communities relative to the general population. 

19 (c) JOINT REPORT.—Not later than 1 year after the 

20 date of enactment of this Act, the Comptroller General 

21 of the United States and the Director of the Office of 

22 Management and Budget shall jointly submit to Congress 

23 a report that— 


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1 (1) describes the analysis conducted under sub2 section (a)(1) and the barriers identified under sub3 section (a)(2); 

4 (2) identifies the at-risk communities that are 

5 experiencing energy poverty, by location and type; 

6 and 

7 (3) provides recommendations on— 

8 (A) how to reduce energy poverty in at-risk 

9 communities; and 

10 (B) actions each applicable agency may 

11 take to reduce the barriers described in sub12 section (a)(2), including by— 

13 (i) establishing lower fees or lowering 

14 other costs; 

15 (ii) improving the approval process for 

16 rights-of-way on Federal land and Tribal 

17 land; 

18 (iii) encouraging private energy sector 

19 investment in Federal land and Tribal 

20 land; and 

21 (iv) rapidly developing electric trans22 mission and delivery systems in remote 

23 areas. 


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1 SEC. 5. EXECUTIVE ACTION SUPPORTING AT-RISK COMMU2 NITIES. 

3 (a) CONGRESSIONAL BUDGET OFFICE ESTIMATES

4 FOR EFFECTS ON ENERGY PRICES.—For purposes of sec5 tion 402 of the Congressional Budget and Impoundment 

6 Control Act of 1974 (2 U.S.C. 653), the Director of the 

7 Congressional Budget Office shall include, for any bill or 

8 resolution that may result in an agency action affecting 

9 energy poverty, including the proposal of an energy rule, 

10 an estimate of how the bill or resolution will affect the 

11 cost of energy for at-risk communities. 

12 (b) ENERGY POVERTY STUDY REQUIRED FOR CER13 TAIN EXECUTIVE ACTIVITIES.— 

14 (1) DEFINITIONS.—In this subsection: 

15 (A) ACTIVITY.—The term ‘‘activity’’ 

16 means— 

17 (i) a declaration of a moratorium on 

18 the leasing of Federal land for the drilling, 

19 mining, or collection of oil, gas, or coal, or 

20 related activities unless such moratorium is 

21 authorized by Federal statute; and 

22 (ii) an action, including non-action 

23 with respect to an action directed to be 

24 carried out by statute or regulation, that 

25 would prohibit or substantially delay, with 

26 respect to Federal land— 


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1 (I) the issuance of— 

2 (aa) new oil and gas lease 

3 sales, oil and gas leases, drill per4 mits, or associated approvals, or 

5 authorizations of any kind associ6 ated with oil and gas leases; 

7 (bb) new coal leases (includ8 ing leases by application in proc9 ess, renewals, modifications, or 

10 expansions of existing leases), 

11 permits, approvals, or authoriza12 tions; or 

13 (cc) new mineral patents, 

14 leases, claims, permits, approvals, 

15 or authorizations; or 

16 (II) a withdrawal of Federal land 

17 from— 

18 (aa) forms of entry, appro19 priation, or disposal under the 

20 public land laws; 

21 (bb) location, entry, and 

22 patent under the mining laws; or 

23 (cc) disposition under laws 

24 pertaining to mineral and geoVerDate Sep 11 2014 05:12 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2826.IS S2826

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1 thermal leasing or mineral mate2 rials. 

3 (B) DESIGNEE OF THE PRESIDENT.—The 

4 term ‘‘designee of the President’’ means— 

5 (i) the Secretary of Agriculture; 

6 (ii) the Secretary of Energy; 

7 (iii) the Secretary of the Interior; and 

8 (iv) the Administrator of the Environ9 mental Protection Agency. 

10 (C) MINERAL.—The term ‘‘mineral’’ 

11 means any mineral subject to sections 2319 

12 through 2344 of the Revised Statutes (com13 monly known as the ‘‘Mining Law of 1872’’) 

14 (30 U.S.C. 22 et seq.), and minerals located on 

15 lands acquired by the United States (as defined 

16 in section 2 of the Mineral Leasing Act for Ac17 quired Lands (30 U.S.C. 351)). 

18 (2) ACTIVITY TO BE CARRIED OUT.—Notwith19 standing any other provision of law, the President, 

20 or a designee of the President, may carry out an ac21 tivity only if the Secretary of the Interior has ful22 filled the activity requirements described in para23 graph (3) for that activity. 


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1 (3) ACTIVITY REQUIREMENTS.—For each activ2 ity under paragraph (2), the Secretary of the Inte3 rior shall— 

4 (A) conduct a study to determine if the ac5 tivity, relative to the general population, is like6 ly to— 

7 (i) impose disproportionate costs on 

8 at-risk communities; or 

9 (ii) increase the likelihood that at-risk 

10 communities will experience energy poverty 

11 and job losses; 

12 (B) publish the study on a public website 

13 of the Department of the Interior; and 

14 (C) submit to Congress a report on the 

15 study that describes the study findings in sub16 paragraph (A)(i) and (ii). 

17 (4) ENERGY POVERTY STUDY.— 

18 (A) IN GENERAL.—On request by an entity 

19 described in subparagraph (B), a lead Federal 

20 department or agency responsible for leasing or 

21 permitting an energy or mineral development 

22 project, pipeline project, or transmission project 

23 on Federal land, in consultation with another 

24 Federal department or agency with jurisdiction 

25 over that project, shall conduct a study relating 


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1 to how the project is likely to alleviate energy 

2 poverty in at-risk communities, including by— 

3 (i) creating jobs; 

4 (ii) reducing energy prices; and 

5 (iii) other relevant measures as deter6 mined by the lead Federal department or 

7 agency, or the entity requesting the study. 

8 (B) STUDY REQUEST.—An entity spon9 soring an energy or mineral project, pipeline 

10 project, or transmission project on Federal 

11 land, may request a study for that project 

12 under subparagraph (A). 

13 (5) MEMORANDUM OF UNDERSTANDING.— 

14 (A) IN GENERAL.—The lead Federal de15 partment or agency, with respect to a project to 

16 be studied under paragraph (4)(A), may not 

17 begin the study until the lead Federal depart18 ment or agency has entered into a memo19 randum of understanding with the entity that 

20 requested the study. 

21 (B) REQUIREMENTS.—A memorandum of 

22 understanding entered into under this para23 graph shall include— 

24 (i) an agreement regarding a neutral 

25 third party to conduct the study; 


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1 (ii) a determination of which entity, 

2 with the consent of that entity, will bear 

3 the cost of the study, which may include 

4 stakeholders other than the requestor; and 

5 (iii) such other aspects of the study 

6 that the lead Federal department or agen7 cy and the entity that requested the study 

8 consider appropriate. 

9 (c) ENERGY POVERTY STATEMENT.— 

10 (1) IN GENERAL.—Beginning 30 days after the 

11 date on which the Director of the Office of Manage12 ment and Budget issues guidance under section 6, 

13 an agency promulgating any energy rule, including 

14 any interpretative rule, general statements of policy, 

15 or guidance documents relating to an energy rule, 

16 shall include an energy poverty statement described 

17 in paragraph (2). 

18 (2) ENERGY POVERTY STATEMENT.—An energy 

19 poverty statement referred to in paragraph (1) 

20 shall— 

21 (A) be displayed prominently on the first 

22 page of the rule or guidance; and 

23 (B) state that the applicable agency cer24 tifies that the rule or guidance will not result 

25 in energy poverty in at-risk communities. 


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1 SEC. 6. OMB IMPLEMENTATION GUIDANCE. 

2 Not later than 90 days after the date of enactment 

3 of this Act, the Director of the Office of Management and 

4 Budget shall issue guidance to implement this Act. 

Æ 


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