I 

118TH CONGRESS 

1ST SESSION H. R. 5482 

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

to affordable energy. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2023 

Ms. HAGEMAN (for herself, Mr. NEWHOUSE, Mr. STAUBER, Mrs. BOEBERT, 

Mr. GOSAR, Mr. COLE, Mr. WILLIAMS of New York, Mr. GRAVES of Louisiana, Mr. HERN, Mr. DONALDS, Mr. HUNT, Mrs. MILLER of West Virginia, and Mr. ZINKE) introduced the following bill; which was referred 

to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, 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 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— 


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1 (1) all Americans should have equal access to 

2 affordable 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 those communities are 

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

9 the general population; and 

10 (3) to prevent energy poverty and ensure that 

11 each at-risk community has access to affordable en12 ergy, the United States should ensure that Federal 

13 policies will not increase the cost of energy for any 

14 at-risk community. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

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

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

19 United States Code. 

20 (2) AGENCY ACTION.—The term ‘‘agency ac21 tion’’ has the meaning given the term in section 551 

22 of title 5, United States Code. 

23 (3) APPLICABLE ENERGY RULE.—The term 

24 ‘‘applicable energy rule’’ means any energy rule 

25 that— 


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1 (A) has an annual effect on the economy 

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

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

4 prices for any consumer, industry, agency, or 

5 geographic region; or 

6 (C) has a significant adverse effect on 

7 competition, employment, investment, produc8 tivity, innovation, or the ability of an enterprise 

9 based in the United States to compete with a 

10 foreign-based enterprise in a domestic or inter11 national market. 

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

13 community’’ means— 

14 (A) a low-income community; 

15 (B) a minority community; 

16 (C) a rural community; 

17 (D) an elderly community; or 

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

19 Native Hawaiian community. 

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

21 community’’ means a census tract where the major22 ity of the population consists of elderly persons (as 

23 ‘‘elderly person’’ is defined in section 891.205 of 

24 title 24, Code of Federal Regulations (as in effect on 

25 the date of the enactment of this Act)). 


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1 (6) ENERGY POVERTY.—The term ‘‘energy pov2 erty’’ means a condition in which individuals do not 

3 have access to affordable and reliable energy to 

4 maintain economic security. 

5 (7) ENERGY RULE.— 

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

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

8 5, United States Code) promulgated by— 

9 (i) the Administrator of the Environ10 mental Protection Agency; 

11 (ii) the Secretary of the Interior; 

12 (iii) the Secretary of Agriculture; 

13 (iv) the Secretary of Energy; or 

14 (v) any other agency the actions of 

15 which may affect energy poverty in an at16 risk community. 

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

18 includes any rule described in subparagraph (A) 

19 that may result in a change to— 

20 (i) electricity prices; 

21 (ii) home heating prices; 

22 (iii) gasoline prices; 

23 (iv) oil prices; 

24 (v) motor vehicle prices; 

25 (vi) natural gas prices; or 


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1 (vii) household appliance prices. 

2 (8) FEDERAL LAND.— 

3 (A) IN GENERAL.—The term ‘‘Federal 

4 land’’ means— 

5 (i) National Forest System land; 

6 (ii) public lands (as defined in section 

7 103 of the Federal Land Policy and Man8 agement Act of 1976 (43 U.S.C. 1702)); 

9 (iii) the outer Continental Shelf (as 

10 defined in section 2 of the Outer Conti11 nental Shelf Lands Act (43 U.S.C. 1331)); 

12 and 

13 (iv) land managed by the Department 

14 of Energy. 

15 (B) INCLUSION.—The term ‘‘Federal 

16 land’’ includes land described in subparagraph 

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

18 subsurface estate are owned by a non-Federal 

19 entity. 

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

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

22 Indian Self-Determination and Education Assistance 

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

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

25 ‘‘low-income community’’ means— 


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1 (A) a census block group in which the pov2 erty rate for such block group is at least 20 

3 percent; 

4 (B) in the case of a block group not lo5 cated within a metropolitan area, the median 

6 family income for such block group does not ex7 ceed 80 percent of statewide median family in8 come; or 

9 (C) in the case of a block group located 

10 within a metropolitan area, the median family 

11 income for such block group does not exceed 80 

12 percent of the greater of statewide median fam13 ily income or the metropolitan area median 

14 family income (as defined in section 45D(e) of 

15 the Internal Revenue Code of 1986 (26 U.S.C. 

16 45D(e)). 

17 (11) MINORITY COMMUNITY.—The term ‘‘mi18 nority community’’ means a census tract where the 

19 majority of the population consists of minority (as 

20 defined in section 104A of the Community Develop21 ment Banking and Financial Institutions Act of 

22 1994 (12 U.S.C. 4703a)) individuals. 

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

24 community’’ means a community that is located in 

25 an area that is outside of an urbanized area (as deVerDate Sep 11 2014 01:03 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5482.IH H5482

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1 fined in section 5302 of title 49, United States 

2 Code). 

3 (13) 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 (14) 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). 

13 SEC. 4. REPORTS ON ACCESS TO RELIABLE AND AFFORD14 ABLE ENERGY. 

15 (a) COMPTROLLER GENERAL.—The Comptroller 

16 General of the United States, in consultation with each 

17 relevant agency, shall— 

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

19 energy rules, and State renewable portfolio stand20 ards to determine how those laws, rules, and stand21 ards affected at-risk communities during the pre22 ceding fiscal year; 

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

24 communities to access reliable and affordable en25 ergy, including the manner in which the presence of 


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1 adequate energy transmission infrastructure affects 

2 that access; and 

3 (3) develop criteria to determine whether an at4 risk community is experiencing energy poverty. 

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

6 Director of the Office of Management and Budget shall 

7 review each applicable energy rule to determine if the ap8 plicable energy rule imposes disproportionate financial im9 pacts on at-risk communities relative to the general popu10 lation. 

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

12 date of enactment of this Act, the Comptroller General 

13 of the United States and the Director of the Office of 

14 Management and Budget shall jointly submit to Congress 

15 a report that— 

16 (1) describes the analysis conducted under sub17 section (a)(1) and the barriers identified under sub18 section (a)(2); 

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

20 experiencing energy poverty, by location and type; 

21 and 

22 (3) provides recommendations on— 

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

24 communities; and 


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1 (B) actions each applicable agency may 

2 take to reduce the barriers described in sub3 section (a)(2), including by— 

4 (i) establishing lower fees or lowering 

5 other costs; 

6 (ii) improving the approval process for 

7 rights-of-way on Federal land and Tribal 

8 land; 

9 (iii) increasing energy production on 

10 Federal lands; 

11 (iv) encouraging private energy sector 

12 investment in Federal land and Tribal 

13 land; and 

14 (v) improving grid resilience in remote 

15 areas. 

16 SEC. 5. EXECUTIVE ACTIVITIES SUPPORTING AT-RISK COM17 MUNITIES. 

18 (a) CONGRESSIONAL BUDGET OFFICE ESTIMATES

19 FOR EFFECTS ON ENERGY PRICES.—For purposes of sec20 tion 402 of the Congressional Budget and Impoundment 

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

22 Congressional Budget Office shall include in any bill or 

23 resolution that could result in an agency action affecting 

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


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

2 cost of energy for at-risk communities. 

3 (b) ENERGY POVERTY STUDY REQUIRED FOR CER4 TAIN EXECUTIVE ACTIVITIES.— 

5 (1) DEFINITIONS.—In this subsection: 

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

7 means— 

8 (i) a declaration of a moratorium on 

9 the leasing of Federal land for the drilling, 

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

11 related activities unless such moratorium is 

12 authorized by Federal statute; or 

13 (ii) an action (including non-action 

14 with respect to an action directed to be 

15 carried out by statute or regulation) that 

16 prohibits or delays, with respect to Federal 

17 land— 

18 (I) the issuance of— 

19 (aa) new oil and gas lease 

20 sales, oil and gas leases, drill per21 mits, or associated approvals, or 

22 authorizations of any kind associ23 ated with oil and gas leases; 

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1 ess, renewals, modifications, or 

2 expansions of existing leases), 

3 permits, approvals, or authoriza4 tions; 

5 (cc) new mineral patents, 

6 leases, claims, permits, approvals, 

7 or authorizations; or 

8 (II) a withdrawal of Federal land 

9 from— 

10 (aa) forms of entry, appro11 priation, or disposal under the 

12 public land laws; 

13 (bb) location, entry, and 

14 patent under the mining laws; or 

15 (cc) disposition under laws 

16 pertaining to mineral and geo17 thermal leasing or mineral mate18 rials. 

19 (B) DESIGNEE OF THE PRESIDENT.—The 

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

21 (i) the Secretary of Agriculture; 

22 (ii) the Secretary of Energy; 

23 (iii) the Secretary of the Interior; and 

24 (iv) the Administrator of the Environ25 mental Protection Agency. 


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1 (C) MINERAL.—The term ‘‘mineral’’ 

2 means any mineral subject to sections 2319 

3 through 2344 of the Revised Statutes (com4 monly known as the ‘‘Mining Law of 1872’’) 

5 (30 U.S.C. 22 et seq.), and minerals located on 

6 lands acquired by the United States (as defined 

7 in section 2 of the Mineral Leasing Act for Ac8 quired Lands (30 U.S.C. 351)). 

9 (2) ACTIVITY TO BE CARRIED OUT.—Notwith10 standing any other provision of law, the President, 

11 or a designee of the President, may carry out an ac12 tivity only if the Secretary of the Interior has ful13 filled the activity requirements described in para14 graph (3) for that activity. 

15 (3) ACTIVITY REQUIREMENTS.—For each activ16 ity, the Secretary of the Interior shall— 

17 (A) conduct a study to determine if the ac18 tivity, relative to the general population, is like19 ly to— 

20 (i) impose disproportionate costs on 

21 at-risk communities; or 

22 (ii) increase the likelihood that at-risk 

23 communities will experience energy poverty 

24 and job losses; 


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1 (B) publish the study on a public website 

2 of the Department of the Interior; and 

3 (C) submit to Congress a report on the 

4 study that describes the study findings under 

5 subparagraph (A). 

6 (4) ENERGY POVERTY STUDY.— 

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

8 described in subparagraph (B), a lead agency 

9 responsible for leasing or permitting an energy 

10 or mineral development project, pipeline project, 

11 or transmission project on Federal land, in con12 sultation with another agency with jurisdiction 

13 over that project, shall conduct a study relating 

14 to how the project is likely to alleviate energy 

15 poverty in at-risk communities, including by— 

16 (i) creating jobs; 

17 (ii) reducing energy prices; and 

18 (iii) other relevant measures as deter19 mined by the lead agency, or the entity re20 questing the study. 

21 (B) STUDY REQUEST.—An entity spon22 soring an energy or mineral project, pipeline 

23 project, or transmission project on Federal land 

24 may request a study for that project pursuant 

25 to subparagraph (A). 


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1 (5) MEMORANDUM OF UNDERSTANDING.— 

2 (A) IN GENERAL.—The lead agency, with 

3 respect to a project to be studied under para4 graph (4)(A), may not begin the study until the 

5 lead agency has entered into a memorandum of 

6 understanding with the entity that requested 

7 the study. 

8 (B) REQUIREMENTS.—A memorandum of 

9 understanding entered into under this para10 graph shall include— 

11 (i) an agreement regarding a neutral 

12 third party to conduct the study; 

13 (ii) a determination of which entity, 

14 with the consent of that entity, will bear 

15 the cost of the study, which may include 

16 stakeholders other than the requestor; and 

17 (iii) such other aspects of the study 

18 that the lead agency and the entity that re19 quested the study consider appropriate. 

20 (c) ENERGY POVERTY STATEMENT.— 

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

22 date on which the Director of the Office of Manage23 ment and Budget issues guidance under section 6, 

24 an agency promulgating any energy rule, including 

25 any interpretative rule, general statements of policy, 


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1 or guidance document shall include an energy pov2 erty statement described in paragraph (2). 

3 (2) ENERGY POVERTY STATEMENT.—An energy 

4 poverty statement referred to in paragraph (1) 

5 shall— 

6 (A) be displayed prominently on the first 

7 page of the rule or guidance; and 

8 (B) state that the applicable agency cer9 tifies that the rule or guidance will not result 

10 in energy poverty in at-risk communities. 

11 SEC. 6. OMB IMPLEMENTATION GUIDANCE. 

12 Not later than 90 days after the date of enactment 

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

14 Budget shall issue guidance to implement this Act. 

Æ 


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