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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2826 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Energy Poverty Prevention and 
Accountability Act of 2023''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) all people in the United States should have equal 
        access to affordable and reliable energy to maintain personal 
        health and economic security;
            (2) 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
            (3) 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Agency action.--The term ``agency action'' has the 
        meaning given the term in section 551 of title 5, United States 
        Code.
            (3) Applicable energy rule.--The term ``applicable energy 
        rule'' means any energy rule that--
                    (A) has an annual effect on the economy of not less 
                than $50,000,000;
                    (B) results in a major increase in costs or prices 
                for any consumer, industry, agency, or geographic 
                region; or
                    (C) has a significant adverse effect on 
                competition, employment, investment, productivity, 
                innovation, or the ability of an enterprise based in 
                the United States to compete with a foreign-based 
                enterprise in a domestic or international market.
            (4) At-risk community.--The term ``at-risk community'' 
        means--
                    (A) a low-income community;
                    (B) a minority community;
                    (C) a rural community;
                    (D) an elderly community; and
                    (E) an American Indian, Alaska Native, or Native 
                Hawaiian community.
            (5) Elderly community.--The term ``elderly community'' 
        means a census tract in which the majority of the population 
        consists of elderly persons (as defined in section 891.205 of 
        title 24, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act)).
            (6) Energy poverty.--The term ``energy poverty'' means a 
        condition in which individuals do not have access to affordable 
        and reliable energy to maintain economic security.
            (7) Energy rule.--
                    (A) In general.--The term ``energy rule'' means a 
                rule (as defined in section 551 of title 5, United 
                States Code) promulgated by--
                            (i) the Administrator of the Environmental 
                        Protection Agency;
                            (ii) the Secretary of the Interior;
                            (iii) the Secretary of Energy; and
                            (iv) any other agency the actions of which 
                        may affect energy poverty in an at-risk 
                        community.
                    (B) Inclusions.--The term ``energy rule'' includes 
                any rule described in subparagraph (A) that may result 
                in a change to--
                            (i) electricity prices;
                            (ii) home heating prices;
                            (iii) gasoline prices;
                            (iv) motor vehicle prices;
                            (v) natural gas prices; or
                            (vi) household appliance prices.
            (8) Federal land.--
                    (A) In general.--The term ``Federal land'' means--
                            (i) National Forest System land;
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702));
                            (iii) the outer Continental Shelf (as 
                        defined in section 2 of the Outer Continental 
                        Shelf Lands Act (43 U.S.C. 1331)); and
                            (iv) land managed by the Department of 
                        Energy.
                    (B) Inclusion.--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.
            (9) 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).
            (10) Low-income community.--The term ``low-income 
        community'' has the meaning given the term in section 45D(e)(1) 
        of the Internal Revenue Code of 1986.
            (11) Minority community.--The term ``minority community'' 
        means a census tract in which the majority of the population 
        consists of minority (as defined in section 104A(a) of the 
        Community Development Banking and Financial Institutions Act of 
        1994 (12 U.S.C. 4703a(a))) individuals.
            (12) Rural community.--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).
            (13) State renewable portfolio standard.--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.
            (14) Tribal land.--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).

SEC. 4. REPORTS ON ACCESS TO RELIABLE AND AFFORDABLE ENERGY.

    (a) Comptroller General.--The Comptroller General of the United 
States, in consultation with each relevant agency, shall--
            (1) 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;
            (2) identify barriers to the ability of at-risk communities 
        that live on or near Federal land or Tribal land to access 
        reliable and affordable energy, including the manner in which 
        the presence of adequate energy transmission infrastructure 
        affects that access; and
            (3) develop criteria to determine whether an at-risk 
        community is experiencing energy poverty.
    (b) Office of Management and Budget.--The Director of the Office of 
Management and Budget shall review each applicable energy rule to 
determine if the applicable energy rule imposes disproportionate costs 
on at-risk communities relative to the general population.
    (c) Joint Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States and 
the Director of the Office of Management and Budget shall jointly 
submit to Congress a report that--
            (1) describes the analysis conducted under subsection 
        (a)(1) and the barriers identified under subsection (a)(2);
            (2) identifies the at-risk communities that are 
        experiencing energy poverty, by location and type; and
            (3) provides recommendations on--
                    (A) how to reduce energy poverty in at-risk 
                communities; and
                    (B) actions each applicable agency may take to 
                reduce the barriers described in subsection (a)(2), 
                including by--
                            (i) establishing lower fees or lowering 
                        other costs;
                            (ii) improving the approval process for 
                        rights-of-way on Federal land and Tribal land;
                            (iii) encouraging private energy sector 
                        investment in Federal land and Tribal land; and
                            (iv) rapidly developing electric 
                        transmission and delivery systems in remote 
                        areas.

SEC. 5. EXECUTIVE ACTION SUPPORTING AT-RISK COMMUNITIES.

    (a) Congressional Budget Office Estimates for Effects on Energy 
Prices.--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, for any bill or resolution 
that may 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.
    (b) Energy Poverty Study Required for Certain Executive 
Activities.--
            (1) Definitions.--In this subsection:
                    (A) Activity.--The term ``activity'' means--
                            (i) 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; and
                            (ii) an action, including non-action with 
                        respect to an action directed to be carried out 
                        by statute or regulation, that would prohibit 
                        or substantially delay, with respect to Federal 
                        land--
                                    (I) the issuance of--
                                            (aa) new oil and gas lease 
                                        sales, oil and gas leases, 
                                        drill permits, or associated 
                                        approvals, or authorizations of 
                                        any kind associated with oil 
                                        and gas leases;
                                            (bb) new coal leases 
                                        (including leases by 
                                        application in process, 
                                        renewals, modifications, or 
                                        expansions of existing leases), 
                                        permits, approvals, or 
                                        authorizations; or
                                            (cc) new mineral patents, 
                                        leases, claims, permits, 
                                        approvals, or authorizations; 
                                        or
                                    (II) a withdrawal of Federal land 
                                from--
                                            (aa) forms of entry, 
                                        appropriation, or disposal 
                                        under the public land laws;
                                            (bb) location, entry, and 
                                        patent under the mining laws; 
                                        or
                                            (cc) disposition under laws 
                                        pertaining to mineral and 
                                        geothermal leasing or mineral 
                                        materials.
                    (B) Designee of the president.--The term ``designee 
                of the President'' means--
                            (i) the Secretary of Agriculture;
                            (ii) the Secretary of Energy;
                            (iii) the Secretary of the Interior; and
                            (iv) the Administrator of the Environmental 
                        Protection Agency.
                    (C) Mineral.--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)).
            (2) Activity to be carried out.--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.
            (3) Activity requirements.--For each activity under 
        paragraph (2), the Secretary of the Interior shall--
                    (A) conduct a study to determine if the activity, 
                relative to the general population, is likely to--
                            (i) impose disproportionate costs on at-
                        risk communities; or
                            (ii) increase the likelihood that at-risk 
                        communities will experience energy poverty and 
                        job losses;
                    (B) publish the study on a public website of the 
                Department of the Interior; and
                    (C) submit to Congress a report on the study that 
                describes the study findings in subparagraph (A)(i) and 
                (ii).
            (4) Energy poverty study.--
                    (A) In general.--On request by an entity described 
                in subparagraph (B), a lead Federal department or 
                agency responsible for leasing or permitting an energy 
                or mineral development project, pipeline project, or 
                transmission project on Federal land, in consultation 
                with another Federal department or 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--
                            (i) creating jobs;
                            (ii) reducing energy prices; and
                            (iii) other relevant measures as determined 
                        by the lead Federal department or agency, or 
                        the entity requesting the study.
                    (B) Study request.--An entity sponsoring an energy 
                or mineral project, pipeline project, or transmission 
                project on Federal land, may request a study for that 
                project under subparagraph (A).
            (5) Memorandum of understanding.--
                    (A) In general.--The lead Federal department or 
                agency, with respect to a project to be studied under 
                paragraph (4)(A), may not begin the study until the 
                lead Federal department or agency has entered into a 
                memorandum of understanding with the entity that 
                requested the study.
                    (B) Requirements.--A memorandum of understanding 
                entered into under this paragraph shall include--
                            (i) an agreement regarding a neutral third 
                        party to conduct the study;
                            (ii) 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
                            (iii) such other aspects of the study that 
                        the lead Federal department or agency and the 
                        entity that requested the study consider 
                        appropriate.
    (c) Energy Poverty Statement.--
            (1) In general.--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 any interpretative rule, general statements of 
        policy, or guidance documents relating to an energy rule, shall 
        include an energy poverty statement described in paragraph (2).
            (2) Energy poverty statement.--An energy poverty statement 
        referred to in paragraph (1) shall--
                    (A) be displayed prominently on the first page of 
                the rule or guidance; and
                    (B) state that the applicable agency certifies that 
                the rule or guidance will not result in energy poverty 
                in at-risk communities.

SEC. 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.
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