I 

117TH CONGRESS 

2D SESSION H. R. 6548 

To establish new Federal renewable energy use requirements, support the 

equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2022 

Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. OCASIO-CORTEZ, 

Mr. BOWMAN, Ms. CLARKE of New York, Mr. CARSON, Mr. TORRES of 

New York, Ms. NORTON, Mr. JONES, Mr. LYNCH, Ms. MOORE of Wisconsin, Ms. VELA ́ZQUEZ, Ms. LEE of California, Mr. QUIGLEY, and Mr. 

CLEAVER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Oversight and Reform, 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 establish new Federal renewable energy use requirements, 

support the equitable transition to clean energy power 

generation, and require cumulative impact assessments 

for fossil fuel-fired power plant permitting, 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, 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 6548 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Justice in Power Plant 

3 Permitting Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COMMUNITY INTERVENOR.—The term 

7 ‘‘community intervenor’’ means an effective, quali8 fied, and compensated representative, or group of 

9 representatives, that participates in public service 

10 commission and permitting authority proceedings on 

11 behalf of ratepayers in, and residents of, impacted 

12 environmental justice communities and other im13 pacted communities to— 

14 (A) propose independent analyses of, in15 cluding alternatives to, fossil fuel-fired power 

16 plants and other polluting projects seeking ap17 provals, permits, or renewals; 

18 (B) decrease electricity costs; 

19 (C) reduce environmental burdens; 

20 (D) improve public health; or 

21 (E) otherwise advocate to benefit such 

22 communities. 

23 (2) CRITICAL FACILITY.—The term ‘‘critical fa24 cility’’ means any facility critical to public health in25 frastructure, including health care, water and waste26 water systems, and emergency services. 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 6548 IH

1 (3) CUMULATIVE IMPACTS.—The term ‘‘cumu2 lative impacts’’ means any exposure to a public 

3 health, environmental, or climate risk, or other effect 

4 occurring in a specific geographical area, including 

5 from an emission, discharge, or release— 

6 (A) including— 

7 (i) environmental pollution released— 

8 (I) routinely, accidentally, or oth9 erwise; and 

10 (II) from any source, whether 

11 single or multiple; and 

12 (ii) as assessed based on the combined 

13 past, present, and reasonably foreseeable 

14 emissions and discharges affecting the geo15 graphical area; and 

16 (B) evaluated taking into account sensitive 

17 populations and other factors that may height18 en vulnerability to environmental pollution and 

19 associated health risks, including socioeconomic 

20 characteristics. 

21 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en22 vironmental justice’’ means the fair treatment and 

23 meaningful involvement of all people regardless of 

24 race, color, culture, national origin, linguistic isola25 tion, or income, with respect to the development, imVerDate Sep 11 2014 22:15 Feb 11, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6548.IH H6548

pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 6548 IH

1 plementation, and enforcement of environmental 

2 laws, regulations, and policies to ensure that each 

3 person enjoys— 

4 (A) the same degree of protection from en5 vironmental and health hazards; and 

6 (B) equal access to any Federal agency ac7 tion on environmental justice issues in order to 

8 have a healthy environment in which to live, 

9 learn, work, and recreate. 

10 (5) ENVIRONMENTAL JUSTICE COMMUNITY.— 

11 The term ‘‘environmental justice community’’ means 

12 a community with significant representation of com13 munities of color, low-income communities, or Tribal 

14 and Indigenous communities, that bears burdens of 

15 negative public health effects, environmental pollu16 tion, and the impacts of climate change, and pos17 sesses certain socioeconomic criteria, which may be 

18 identified based on geographic, public health, envi19 ronmental hazard, and socioeconomic criteria, in20 cluding, but not limited to— 

21 (A) areas burdened by cumulative environ22 mental pollution and other hazards that can 

23 lead to negative public health effects; 

24 (B) areas with concentrations of people— 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 6548 IH

1 (i) experiencing high unemployment 

2 rates, high rent burdens, low homeowner3 ship rates, or low levels of educational at4 tainment; or 

5 (ii) who have historically experienced 

6 discrimination on the basis of race, eth7 nicity, ancestry, or place of origin; or 

8 (C) vulnerability to the impacts of climate 

9 change. 

10 (6) FOSSIL FUEL-FIRED POWER PLANT.—The 

11 term ‘‘fossil fuel-fired power plant’’ means— 

12 (A) a powerplant or electric generating 

13 unit that combusts fossil fuel or a fossil fuel by14 product or derivative for the production of elec15 tricity in part or in full; and 

16 (B) any boiler or generator that combusts 

17 fossil fuel and is— 

18 (i) in a census tract or adjacent to a 

19 census tract with one or more power plants 

20 or electric generating units that combust 

21 fossil fuel; or 

22 (ii) in a census tract or adjacent to 

23 census tracts with stationary and mobile 

24 sources of air pollution that have combined 

25 annual emissions of more than— 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 6548 IH

1 (I) 10 tons per year of any single 

2 hazardous air pollutant; 

3 (II) 25 tons per year for any 

4 combination of hazardous air pollut5 ants; 

6 (III) 100 tons per year of any 

7 single air pollutant; or 

8 (IV) the lower major source 

9 threshold in non-attainment areas for 

10 the air pollutant in non-attainment. 

11 (7) IMPACTED.—The term ‘‘impacted’’ means 

12 the condition of being affected by one or more fossil 

13 fuel-fired power plants. 

14 (8) PERMITTING AUTHORITY.—The term ‘‘per15 mitting authority’’ has the meaning given such term 

16 in section 501 of the Clean Air Act (42 U.S.C. 

17 7661). 

18 (9) SUSCEPTIBLE SUBPOPULATION.—The term 

19 ‘‘susceptible subpopulation’’ means a group of indi20 viduals within the general population who, due to ei21 ther greater susceptibility or greater exposure, may 

22 be at greater risk than the general population of ad23 verse health effects from exposure to air pollution, 

24 such as infants, children, pregnant women, workers, 

25 or the elderly. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 6548 IH

1 (10) TRIBAL AND INDIGENOUS COMMUNITY.— 

2 The term ‘‘Tribal and Indigenous community’’ 

3 means a population of people who are members of— 

4 (A) a federally recognized Indian Tribe; 

5 (B) a State-recognized Indian Tribe; 

6 (C) an Alaska Native or Native Hawaiian 

7 community or organization; or 

8 (D) any other community of Indigenous 

9 people located in a State. 

10 SEC. 3. FEDERAL REQUIREMENT. 

11 (a) REQUIREMENT.—Section 203 of the Energy Pol12 icy Act of 2005 (42 U.S.C. 15852) is amended— 

13 (1) in subsection (a), by striking ‘‘the following 

14 amounts shall be’’ and all that follows and inserting 

15 the following: ‘‘not less than— 

16 ‘‘(1) 3 percent shall be renewable energy in fis17 cal years 2007 through 2009; 

18 ‘‘(2) 5 percent shall be renewable energy in fis19 cal years 2010 through 2012; 

20 ‘‘(3) 7.5 percent shall be renewable energy in 

21 fiscal years 2013 through 2019; and 

22 ‘‘(4) 100 percent shall be air pollution-free re23 newable energy, including battery storage charged 

24 renewably, in fiscal year 2030 and each fiscal year 

25 thereafter, with steady and incremental progress toVerDate Sep 11 2014 22:15 Feb 11, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6548.IH H6548

pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 6548 IH

1 ward this goal required in fiscal years 2020 through 

2 2029.’’; and 

3 (2) by amending subsection (c) to read as fol4 lows: 

5 ‘‘(c) PRIORITIZATION.—In meeting the requirement 

6 of subsection (a), the President, acting through the Sec7 retary, shall prioritize the transition to consumption of air 

8 pollution-free renewable energy, including renewable en9 ergy and battery storage charged by renewably generated 

10 electricity, by any facility within the vicinity of a major 

11 source (as that term is defined in section 112 of the Clean 

12 Air Act (42 U.S.C. 7412)), or units of such major source, 

13 run primarily to meet peak electricity demand.’’. 

14 (b) PUBLIC UTILITY CONTRACTS.—Section 

15 501(b)(1)(B) of title 40, United States Code, is amended 

16 to read as follows: 

17 ‘‘(B) PUBLIC UTILITY CONTRACTS.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), a contract for public 

20 utility services may be made for a period 

21 of not more than 10 years. 

22 ‘‘(ii) RENEWABLE ENERGY CON23 TRACTS.—A contract may be made for a 

24 period of not more than 40 years for— 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 6548 IH

1 ‘‘(I) the acquisition of air pollu2 tion-free renewable energy or battery 

3 storage powered by such energy; or 

4 ‘‘(II) the provision and operation 

5 of air pollution-free renewable energy 

6 production facilities and the purchase 

7 of air-pollution free renewable energy 

8 from such facilities.’’. 

9 SEC. 4. JUST ENERGY TRANSITION FUND. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated for fiscal year 2023, 

12 $10,000,000,000 for a Just Energy Transition Fund, to 

13 be administered by the Administrator in consultation with 

14 the Secretary and the Advisory Council, to remain avail15 able until expended, to award funds to States, territories, 

16 and Tribal governments for projects described in sub17 section (b). 

18 (b) ELIGIBILITY.—To be eligible for a grant under 

19 this section, a State, territory, Tribal government, local 

20 government, community-based organization, nongovern21 mental organization, or private sector organization may 

22 submit an application, in such form and manner as the 

23 Administrator may require, for— 

24 (1) a project that— 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 6548 IH

1 (A) addresses energy needs resulting from 

2 the denial of renewal, or anticipated denial of 

3 renewal, of a permit for a fossil fuel-fired power 

4 plant pursuant to section 165(f) or section 

5 502(j) of the Clean Air Act; 

6 (B) apportions sufficient project funds, as 

7 determined by the Advisory Council, to income 

8 support, health insurance, pension fund protec9 tion, job training, and job placement for work10 ers displaced or expected to be displaced due to 

11 the denial of renewal, or anticipated denial of 

12 renewal, of a permit for a major source or a 

13 fossil fuel-fired power plant pursuant to section 

14 165(f) or section 502(j) of the Clean Air Act; 

15 (C) is supported by residents of impacted 

16 environmental justice communities and other 

17 impacted communities, as discerned through ac18 tive and inclusive solicitation and documenta19 tion of feedback and input from such residents 

20 through a process established by the Advisory 

21 Council; 

22 (D) does not rely on fuels or technologies 

23 that create environmental harm, including 

24 greenhouse gas emissions and air pollution, or 

25 contribute to health burdens on environmental 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 6548 IH

1 justice communities and impacted communities; 

2 and 

3 (E) results in a quantifiable improvement 

4 to the health and well-being of residents of im5 pacted environmental justice communities and 

6 other impacted communities as measured by the 

7 Advisory Council; or 

8 (2) a program supported by residents of im9 pacted environmental justice communities and other 

10 impacted communities, as discerned through active 

11 and inclusive solicitation and documentation of feed12 back and input from such residents through a proc13 ess established by the Advisory Council, that results 

14 in a quantifiable improvement to the health and 

15 well-being of residents of environmental justice com16 munities and other impacted communities, as meas17 ured by the Advisory Committee, including one 

18 that— 

19 (A) apportions funds to individuals who 

20 face burdensome energy costs, including from 

21 supply charges, delivery charges, capacity pay22 ments, and other costs that may or may not be 

23 itemized in utility bills, or to individuals who 

24 are expected to face burdensome costs due to 

25 the denial of renewal, or anticipated denial of 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 6548 IH

1 renewal, of a permit for a fossil fuel-fired power 

2 plant pursuant to section 165(f) or section 

3 502(j) of the Clean Air Act, to reduce the cost 

4 of— 

5 (i) utility bills for ratepayers; or 

6 (ii) the cost of rent for tenants in in7 stances in which utilities are included in 

8 the tenant’s rent; or 

9 (B) supports intervenor compensation op10 portunities to lower energy costs and reduce 

11 pollution faced by residents of impacted envi12 ronmental justice communities and other im13 pacted communities. 

14 (c) PROCESS.—Not later than 60 days after the date 

15 of enactment of this section, the Administrator, in coordi16 nation with the Secretary and the Advisory Committee, 

17 shall establish a process of applying for funds allocated 

18 under subsection (a). 

19 (d) SUBGRANTS AND CONTRACTS.—A recipient of 

20 funds under this section may award such funds to commu21 nity groups and other entities as subgrants or contracts 

22 in furtherance of a project described in subsection (b). 

23 (e) JUST ENERGY TRANSITION FUND ADVISORY

24 COUNCIL.— 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 6548 IH

1 (1) ESTABLISHMENT.—The President shall es2 tablish an advisory council, to be known as the 

3 ‘‘Just Energy Transition Fund Advisory Council’’. 

4 (2) MEMBERSHIP.—The Advisory Council shall 

5 be composed of 26 members who have knowledge of, 

6 or experience relating to, the creation of, and transi7 tion of workers to, good-paying jobs to combat cli8 mate change and pollution, as well as the effect of 

9 environmental conditions on environmental justice 

10 communities, including— 

11 (A) representatives of— 

12 (i) community-based organizations 

13 that carry out initiatives relating to envi14 ronmental justice and the just transition to 

15 a clean energy economy, including grass16 roots organizations led by people of color; 

17 (ii) labor unions; 

18 (iii) State governments, Tribal govern19 ments, and local governments; 

20 (iv) Indian Tribes and other Indige21 nous groups; 

22 (v) nongovernmental and environ23 mental organizations; and 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 6548 IH

1 (vi) private sector organizations (in2 cluding representatives of industries and 

3 businesses); and 

4 (B) experts in the field of— 

5 (i) socioeconomic analysis; 

6 (ii) health and environmental effects; 

7 (iii) exposure evaluation; 

8 (iv) environmental law and civil rights 

9 law; 

10 (v) environmental health science re11 search; or 

12 (vi) energy systems. 

13 (3) SUBCOMMITTEES; WORKGROUPS.— 

14 (A) ESTABLISHMENT.—The Advisory 

15 Council may establish any subcommittee or 

16 workgroup to assist the Advisory Council in 

17 carrying out any duty of the Advisory Council 

18 described in paragraph (4). 

19 (B) REPORT.—Upon the request of the 

20 Advisory Council, each subcommittee or 

21 workgroup established by the Advisory Council 

22 under subparagraph (A) shall submit to the Ad23 visory Council a report that contains— 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 6548 IH

1 (i) a description of each recommenda2 tion of the subcommittee or workgroup; 

3 and 

4 (ii) any advice requested by the Advi5 sory Council with respect to any duty of 

6 the Advisory Council. 

7 (4) DUTIES.—The Advisory Council shall pro8 vide independent advice and recommendations to the 

9 Administrator and the Secretary with respect to— 

10 (A) awarding grants through the Just En11 ergy Transition Fund to maximize progress to12 ward a transition to a clean energy economy 

13 while maximizing benefits for environmental 

14 justice communities, including by prioritizing 

15 applications that will direct funds to support 

16 entities that have urgently and expeditiously 

17 pursued priorities that are aligned with the 

18 projects and programs described in subsection 

19 (b)(1) and (2); and 

20 (B) measuring and evaluating the success 

21 of grants and subgrants awarded through the 

22 Just Energy Transition Fund. 

23 (5) MEETINGS.— 

24 (A) FREQUENCY.— 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•HR 6548 IH

1 (i) IN GENERAL.—Subject to clause 

2 (ii), the Advisory Council shall meet bian3 nually. 

4 (ii) AUTHORITY OF ADMINIS5 TRATOR.—The Administrator may require 

6 the Advisory Council to conduct additional 

7 meetings if the Administrator determines 

8 that the conduct of any additional meet9 ings is necessary. 

10 (B) PUBLIC PARTICIPATION.— 

11 (i) IN GENERAL.—Subject to clause 

12 (ii), each meeting of the Advisory Council 

13 shall be open to the public to provide the 

14 public an opportunity— 

15 (I) to submit comments to the 

16 Advisory Council; and 

17 (II) to appear before the Advi18 sory Council. 

19 (ii) AUTHORITY OF ADMINIS20 TRATOR.—The Administrator may close 

21 any meeting, or portion of any meeting, of 

22 the Advisory Council to the public. 

23 (6) FACA.—The Federal Advisory Committee 

24 Act (5 U.S.C. App.) shall apply to the Advisory 

25 Council. 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•HR 6548 IH

1 (7) TRAVEL EXPENSES.—The Administrator 

2 may provide to any member of the Advisory Council 

3 travel expenses, including per diem in lieu of subsist4 ence, at rates authorized for an employee of an 

5 agency under subchapter I of chapter 57 of title 5, 

6 United States Code, while away from the home or 

7 regular place of business of the member in the per8 formance of the duties of the Advisory Council. 

9 (f) DEFINITIONS.—In this section: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency. 

13 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 

14 Council’’ means the Just Energy Transition Fund 

15 Advisory Council established under subsection (e) of 

16 this section. 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Labor. 

19 (4) STATE.—The term ‘‘State’’ means each of 

20 the 50 States and the District of Columbia. 

21 (5) TERRITORY.—The term ‘‘territory’’ means 

22 the United States Virgin Islands, Guam, the Com23 monwealth of the Northern Mariana Islands, Amer24 ican Samoa, and the Commonwealth of Puerto Rico. 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•HR 6548 IH

1 (6) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

2 government’’ means the recognized governing body 

3 of any Indian or Alaska Native Tribe, band, nation, 

4 pueblo, village, community, component band, or com5 ponent reservation, individually identified (including 

6 parenthetically) in the list published most recently as 

7 of the date of enactment of this Act pursuant to sec8 tion 104 of the Federally Recognized Indian Tribe 

9 List Act of 1994 (25 U.S.C. 5131). 

10 SEC. 5. CONSIDERATION OF CUMULATIVE IMPACTS IN 

11 POWER PLANT PERMITTING. 

12 (a) PERMITS GENERALLY.— 

13 (1) REGULATIONS.—Section 502(b) of the 

14 Clean Air Act (42 U.S.C. 7661a(b)) is amended by 

15 adding after paragraph (10) the following: 

16 ‘‘(11) A requirement for performing cumulative 

17 impacts analysis in accordance with subsection (j), if 

18 applicable.’’. 

19 (2) CUMULATIVE IMPACTS ANALYSIS.—Section 

20 502 of the Clean Air Act (42 U.S.C. 7661a) is 

21 amended by adding at the end the following: 

22 ‘‘(j) CUMULATIVE IMPACTS ANALYSIS.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) PERMIT REQUIREMENT.—Whenever 

25 an applicant seeks a permit or renewal of a perVerDate Sep 11 2014 22:15 Feb 11, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6548.IH H6548

pbinns on DSKJLVW7X2PROD with BILLS
19 

•HR 6548 IH

1 mit for a fossil fuel-fired power plant, the per2 mitting authority shall require such applicant to 

3 utilize a neutral third-party assessor to per4 form, in consultation with a community inter5 venor, an analysis of— 

6 ‘‘(i) the cumulative impacts of pollu7 tion, including the combined past, present, 

8 and reasonably anticipated future emis9 sions, from all stationary or mobile 

10 sources, affecting the area within five miles 

11 of the fossil fuel-fired power plant pro12 posed to be permitted; 

13 ‘‘(ii) for each census block group or 

14 Tribal census block group (as those terms 

15 are defined by the Director of the Bureau 

16 of the Census) located in, or adjacent to, 

17 such area, the cumulative impacts of pollu18 tion, including the combined past, present, 

19 and reasonably anticipated future emis20 sions, from all stationary or mobile 

21 sources; and 

22 ‘‘(iii) alternative projects sourced with 

23 air pollution-free renewable energy. 

24 ‘‘(B) ADDITIONAL REQUIREMENT.—One 

25 year after this section takes effect and at least 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•HR 6548 IH

1 every five years thereafter, the permitting au2 thority must ensure that a fossil fuel-fired 

3 power plant undergoes a cumulative impacts 

4 analysis as described by this subsection if the 

5 fossil fuel-fired power plant is— 

6 ‘‘(i) located, or proposed to be located, 

7 within one mile of a major source; and 

8 ‘‘(ii) not subject to permitting require9 ments pursuant to this title. 

10 ‘‘(C) CONSIDERATIONS.—A cumulative im11 pacts analysis under subparagraph (A) shall in12 clude consideration of— 

13 ‘‘(i) community demographics and lo14 cations of community exposure points, in15 cluding schools, day care centers, nursing 

16 homes, hospitals, health clinics, places of 

17 religious worship, parks, playgrounds, and 

18 community centers; 

19 ‘‘(ii) air quality and any potential ef20 fects on that air quality of emissions of air 

21 pollutants from the fossil fuel-fired power 

22 plant proposed to be permitted, including 

23 in combination with existing sources of pol24 lutants; 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•HR 6548 IH

1 ‘‘(iii) the potential effects on soil qual2 ity and water quality of emissions of lead 

3 and other air pollutants that could con4 taminate soil or water from the fossil fuel5 fired power plant proposed to be permitted, 

6 including in combination with existing 

7 sources of pollutants; 

8 ‘‘(iv) public health and any potential 

9 effects on public health from the emissions 

10 of pollutants from the fossil fuel-fired 

11 power plant proposed to be permitted, in12 cluding in combination with existing 

13 sources of pollutants; 

14 ‘‘(v) the potential adverse impacts on 

15 health and well-being of residents of im16 pacted environmental justice communities 

17 and populations with heightened vulner18 ability to pollution and associated health 

19 risks, which may be due to socioeconomic 

20 characteristics including housing insecu21 rity, barriers to receive quality healthcare 

22 or afford health insurance, energy cost 

23 burdens that limit use of heat and air con24 ditioning, long-term impacts of siting pol25 luting sources in environmental justice 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•HR 6548 IH

1 communities, and public disinvestment and 

2 redlining; 

3 ‘‘(vi) the potential effects of any pro4 posed action on environmental justice com5 munities, including if the action causes or 

6 exacerbates a disproportionate or inequi7 table burden on the environmental justice 

8 community; and 

9 ‘‘(vii) shall be based on an analysis of 

10 data that accurately describes the potential 

11 cumulative impacts of the proposed action, 

12 and may include a supplemental qualitative 

13 analysis. 

14 ‘‘(D) PUBLIC ENGAGEMENT AND PROCE15 DURAL JUSTICE PROCESS.—The cumulative im16 pacts analysis under subparagraph (A) shall in17 clude a public engagement and procedural jus18 tice process, to include— 

19 ‘‘(i) the active and inclusive solicita20 tion and receipt of, and to the greatest ex21 tent practicable, action to address, input 

22 and feedback from residents of impacted 

23 environmental justice communities and 

24 other impacted communities, to be docu25 mented and provided to the permitting auVerDate Sep 11 2014 22:15 Feb 11, 2022 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6548.IH H6548

pbinns on DSKJLVW7X2PROD with BILLS
23 

•HR 6548 IH

1 thority in the final cumulative impacts 

2 analysis; 

3 ‘‘(ii) documentation and investigation 

4 of claims brought by residents of impacted 

5 environmental justice communities and im6 pacted communities, including the appli7 cant’s proposed or agreed-upon mitiga8 tions, whether and how each claim was ad9 dressed, and documentation of the satisfac10 tion or dissatisfaction of such residents 

11 with the investigation of claims and cor12 responding responses, if any; 

13 ‘‘(iii) advanced notification to resi14 dents of impacted environmental justice 

15 communities and other impacted commu16 nities through various means including but 

17 not limited to written notification, local 

18 news advertisements, and canvassers; 

19 ‘‘(iv) multiple opportunities for resi20 dents of impacted environmental justice 

21 communities and other impacted commu22 nities to participate; 

23 ‘‘(v) multiple media and formats for 

24 participation, including in-person and re25 mote options, which shall include large and 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•HR 6548 IH

1 small group settings, mail-in feedback op2 portunities, and other such avenues to en3 sure that health, socioeconomics, lack of 

4 technological resources, and settings that 

5 are unwelcoming or unfamiliar to residents 

6 of impacted environmental justice commu7 nities are not barriers to participation; 

8 ‘‘(vi) transmission of a preliminary 

9 cumulative impacts analysis at least 30 

10 days in advance of any public comment pe11 riod or public comment event to— 

12 ‘‘(I) the permitting authority for 

13 online publication; 

14 ‘‘(II) community groups and 

15 community representatives of im16 pacted environmental justice commu17 nities and other impacted commu18 nities; and 

19 ‘‘(III) to a reasonable extent, the 

20 residents of impacted environmental 

21 justice communities and other im22 pacted communities; and 

23 ‘‘(vii) in instances in which a resident 

24 participating in the process outlined in this 

25 paragraph stands to benefit, financially or 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•HR 6548 IH

1 otherwise, from the permit under consider2 ation, disclosure of such benefit in the final 

3 cumulative impacts analysis. 

4 ‘‘(2) PROHIBITION.—Except as provided in 

5 paragraph (3), a permitting authority shall not 

6 grant a permit or renewal or allow operation of a 

7 fossil fuel-fired power plant unless the cumulative 

8 impacts analysis under paragraph (1) indicates a 

9 reasonable certainty that such permit, renewal, or 

10 operation will result in no harm to the health of the 

11 general population, or to any potentially exposed or 

12 susceptible subpopulation, including environmental 

13 justice communities, of a census block group or 

14 Tribal census block group described in paragraph 

15 (1)(A), and the public engagement and procedural 

16 justice process described in paragraph (1)(C) is ful17 filled. 

18 ‘‘(3) CRITICAL FACILITIES EXEMPTION.—A fos19 sil fuel-fired power plant that is a boiler serving a 

20 critical facility may only be denied a permit or be 

21 otherwise prohibited from operation if the cumu22 lative impact analysis under paragraph (1) indicates 

23 a certainty that the permit or renewal will result in 

24 harm to the health of the general population, or to 

25 any potentially exposed or susceptible subpopulation, 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•HR 6548 IH

1 including environmental justice communities, of a 

2 census block group or Tribal census block group de3 scribed in paragraph (1)(A), and the alternative is 

4 deemed to be of reasonable cost.’’. 

5 (b) PRECONSTRUCTION PERMITS.—Section 165 of 

6 the Clean Air Act (42 U.S.C. 7475) is amended by adding 

7 at the end the following: 

8 ‘‘(f) CUMULATIVE IMPACTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) REQUIREMENT.—Whenever an appli11 cant seeks a permit under this section or re12 newal of such a permit for a fossil fuel-fired 

13 power plant within one mile of a fossil fuel-fired 

14 power plant or a major source (as defined in 

15 section 112), the permitting authority shall re16 quire such applicant to perform an analysis of 

17 the cumulative impacts for each census block 

18 group or Tribal census block group (as those 

19 terms are defined by the Director of the Bureau 

20 of the Census) located in, or immediately adja21 cent to, the area in which the fossil fuel-fired 

22 power plant to be permitted is, or is proposed 

23 to be, located. 

24 ‘‘(B) APPLICABILITY OF CERTAIN PROVI25 SIONS.—The provisions of subparagraphs (B) 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•HR 6548 IH

1 and (C) of section 502(j)(1) shall apply to any 

2 cumulative impacts analysis performed under 

3 this subsection to the same extent and in the 

4 same manner as such provisions apply to a cu5 mulative impacts analysis performed under such 

6 section 502(j)(1). 

7 ‘‘(2) PROHIBITION.—A permitting authority 

8 shall not grant a permit or renewal described in 

9 paragraph (1)(A) unless the cumulative impacts 

10 analysis under paragraph (1) indicates a reasonable 

11 certainty that the permit or renewal will result in no 

12 harm to the health of the general population, or to 

13 any potentially exposed or susceptible subpopulation, 

14 including environmental justice communities, of a 

15 census block group or Tribal census block group de16 scribed in paragraph (1)(A).’’. 

17 (c) TRANSITIONAL PROVISION.—Section 165(f) and 

18 section 502(j) of the Clean Air Act (as added by this sec19 tion) shall apply with respect to a fossil fuel-fired power 

20 plant for which, on or before the date of enactment of this 

21 Act, a permit has been issued pursuant to section 165 or 

22 title V of the Clean Air Act (42 U.S.C. 7475, 7661 et 

23 seq.), but for which construction has not commenced as 

24 of such date. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS