I 

116TH CONGRESS 

2D SESSION H. R. 8487 

To prevent energy poverty in at-risk communities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2020 

Mr. KEVIN HERN of Oklahoma (for himself, Mr. GOSAR, Mr. MULLIN, Mr. 

NEWHOUSE, Mr. DUNCAN, Mr. BALDERSON, Mr. STAUBER, Mr. WEBER

of Texas, Mr. ALLEN, Mr. DAVID P. ROE of Tennessee, Mr. BISHOP of 

Utah, and Ms. CHENEY) introduced the following bill; which was referred 

to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Energy and Commerce, the Budget, and Rules, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prevent energy poverty in at-risk communities, 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 ‘‘Energy Poverty Pre5 vention and Accountability Act’’. 

6 SEC. 2. STATEMENT OF POLICY. 

7 It is the policy of the United States that— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 8487 IH

1 (1) all citizens should have equal access to af2 fordable and reliable energy to maintain personal 

3 health and economic security; 

4 (2) the United States should mitigate the dis5 parate impact of increases in the cost of energy on 

6 at-risk communities because such communities are 

7 more likely to have a fixed income and spend a high8 er percentage of their income on energy than the 

9 general population; and 

10 (3) to prevent energy poverty and to ensure 

11 that each at-risk community has access to affordable 

12 energy, the United States should ensure that laws 

13 relating to environmental and energy policy, includ14 ing the National Environmental Policy Act of 1969 

15 (42 U.S.C. 4321 et seq.), the Endangered Species 

16 Act of 1973 (16 U.S.C. 1531 et seq.), and the Mi17 gratory Bird Treaty Act (16 U.S.C. 703 et seq.), do 

18 not have the effect of increasing the cost of energy 

19 for any at-risk community. 

20 SEC. 3. DEPARTMENT OF THE INTERIOR REPORT ON AC21 CESS TO RELIABLE AND AFFORDABLE EN22 ERGY. 

23 Not later than 1 year after the date of enactment 

24 of this section, the Secretary of the Interior shall submit 

25 to Congress a report that— 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 8487 IH

1 (1) identifies barriers to the ability of at-risk 

2 communities that live on or near Federal land or 

3 Tribal land to access reliable and affordable energy, 

4 including how the presence of adequate energy 

5 transmission infrastructure affects such access; and 

6 (2) recommends actions that the Secretary of 

7 the Interior and the Chief of the Forest Service 

8 could take to reduce the barriers described in para9 graph (1), including by— 

10 (A) establishing lower fees or lowering 

11 other costs; 

12 (B) streamlining the approval of rights-of13 way on Federal land and Tribal land; 

14 (C) encouraging private energy sector in15 vestment in Federal land and Tribal land; and 

16 (D) rapidly developing electric trans17 mission and delivery systems in remote areas. 

18 SEC. 4. CONGRESSIONAL BUDGET OFFICE ESTIMATES FOR 

19 EFFECTS ON ENERGY PRICES. 

20 The Director of the Congressional Budget Office 

21 shall include in each applicable estimate required under 

22 section 402 of the Congressional Budget and Impound23 ment Control Act of 1974 (2 U.S.C. 653) an estimate of 

24 how the bill or resolution will affect the cost of energy 

25 for at-risk communities. 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 8487 IH

1 SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE IDENTI2 FICATION OF ENERGY POVERTY. 

3 (a) ANALYSIS.— 

4 (1) IN GENERAL.—The Comptroller General of 

5 the United States shall conduct an analysis of Fed6 eral energy and environmental laws, regulations 

7 issued by the Secretary of the Interior and the Chief 

8 of the Forest Service that relate to energy and envi9 ronmental policy, and State renewable portfolio 

10 standards to determine how such laws, regulations, 

11 and standards affect the following prices for at-risk 

12 communities during the preceding fiscal year: 

13 (A) Electricity prices. 

14 (B) Home heating prices. 

15 (C) Gasoline prices. 

16 (D) Motor vehicle prices. 

17 (E) Natural gas prices. 

18 (F) Household appliance prices. 

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

20 date of enactment of this section, the Comptroller 

21 General of the United States shall submit to Con22 gress a report on the analysis conducted under para23 graph (1). 

24 (b) ENERGY POVERTY.— 

25 (1) IN GENERAL.—The Comptroller General of 

26 the United States shall develop criteria to determine 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 8487 IH

1 whether an at-risk community is experiencing energy 

2 poverty. 

3 (2) REPORT.—Not later than 1 year after the 

4 date of enactment of this section, the Comptroller 

5 General of the United States shall submit to Con6 gress a report that— 

7 (A) identifies, by location and type of at8 risk community, which at-risk communities are 

9 experiencing energy poverty; and 

10 (B) provides recommendations on how to 

11 reduce such energy poverty. 

12 SEC. 6. OFFICE OF MANAGEMENT AND BUDGET REVIEW OF 

13 ENERGY REGULATIONS. 

14 (a) IN GENERAL.—The Director of the Office of 

15 Management and Budget shall review each applicable en16 ergy regulation to determine if any applicable energy regu17 lation imposes, relative to the general population, dis18 proportionate costs on at-risk communities. 

19 (b) PUBLICATION.—The Director of the Office of 

20 Management and Budget shall publish in the Federal Reg21 ister the results of the review required under subsection 

22 (a). 

23 SEC. 7. DEFINITIONS. 

24 In this Act: 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 8487 IH

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

2 community’’ means each of the following: 

3 (A) A low-income community. 

4 (B) A minority community. 

5 (C) A rural community. 

6 (D) An elderly community. 

7 (E) A Native American community. 

8 (2) APPLICABLE ENERGY REGULATION.—The 

9 term ‘‘applicable energy regulation’’ means any Fed10 eral regulation that relates to energy and— 

11 (A) has an annual effect on the economy 

12 of at least $100,000,000; 

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

14 prices for any consumer, industry, government 

15 agency, or geographic region; or 

16 (C) has a significant adverse effect on 

17 competition, employment, investment, produc18 tivity, innovation, or the ability of an enterprise 

19 based in the United States to compete with a 

20 foreign-based enterprise in a domestic or inter21 national market. 

22 (3) ENERGY POVERTY.—The term ‘‘energy pov23 erty’’ means insufficient access to affordable energy. 

24 (4) FEDERAL LAND.—The term ‘‘Federal land’’ 

25 means any land that is under the jurisdiction of the 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 8487 IH

1 Secretary of the Interior or the Chief of the Forest 

2 Service. 

3 (5) STATE RENEWABLE PORTFOLIO STAND4 ARD.—The term ‘‘State renewable portfolio stand5 ard’’ means any State regulation that is designed to 

6 increase the use of renewable energy sources, includ7 ing wind, solar, geothermal, and biomass, to gen8 erate electricity. 

9 (6) TRIBAL LAND.—The term ‘‘Tribal land’’ 

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

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

12 U.S.C. 3501). 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS