Title: Providing Recovery Opportunities & Mitigating Industry’s Shifting Economics (PROMISE) Act
Policy area: Energy

Summary:
Providing Recovery Opportunities & Mitigating Industry's Shifting Economics (PROMISE) Act
This bill addresses providing resources to communities affected by the closure of a federally-owned electric generating station.
Among other things, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4318 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4318

    To provide economic stabilization resources to distressed rural 
communities directly impacted by the closure of an electric generating 
                    station, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2019

  Mr. O'Halleran (for himself, Mr. Stanton, Mrs. Kirkpatrick, and Mr. 
   Gallego) introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Education and Labor, 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 provide economic stabilization resources to distressed rural 
communities directly impacted by the closure of an electric generating 
                    station, and for other purposes.

    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 ``Providing Recovery Opportunities & 
Mitigating Industry's Shifting Economics (PROMISE) Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
            TITLE I--CLOSURE OF ELECTRIC GENERATING STATIONS

Sec. 101. Closure of electric generating stations.
           TITLE II--WORKFORCE INNOVATION AND OPPORTUNITY ACT

Sec. 201. Dislocated Worker Project.
                 TITLE III--FUNDS FOR LOSS OF REVENUES

Sec. 301. Funds for loss of revenues.
TITLE IV--SIGNIFICANTLY IMPACTED FEDERAL COMMUNITY ECONOMIC ADJUSTMENT 
                                PROGRAM

Sec. 401. Function of the Secretary.
Sec. 402. Functions of program.
Sec. 403. Economic Adjustment Committee.
Sec. 404. Office of Economic Adjustment of the Department of the 
                            Interior.
Sec. 405. Responsibilities of executive agencies.

SEC. 3. DEFINITIONS.

    In this Act, the following apply:
            (1) Department.--The term ``Department'' means the 
        Department of the Interior.
            (2) Electric generating station owned in part by the 
        department.--The term ``electric generating station owned in 
        part by the Department'' means an electric generating station 
        in which the Department or any of its subagencies owns or has 
        the right to use more than 20 percent of the electricity 
        generated at a facility that currently produces over 2,000 
        megawatts of electricity.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

            TITLE I--CLOSURE OF ELECTRIC GENERATING STATIONS

SEC. 101. CLOSURE OF ELECTRIC GENERATING STATIONS.

    (a) Reuse Studies.--Whenever the Secretary or the operator of an 
electric generating station owned in part by the Department announces 
that an electric generating station owned in part by the Department is 
a candidate for closure or that a final decision has been made to close 
an electric generating station owned in part by the Department and the 
Secretary determines, because of the location, facilities, or other 
particular characteristics of the electric generating station that it 
may be suitable for some specific Federal, State, Tribal, or local use 
potentially beneficial to the Nation, the Secretary may conduct such 
studies, including the preparation of an environmental impact statement 
in accordance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and consultations with Indian Tribes as required 
by the Department, in connection with the electric generating station 
and such potential use as may be necessary to provide information 
sufficient to make sound conclusions and recommendations regarding the 
possible use of the property.
    (b) Adjustment and Diversification Assistance.--
            (1) Assistance available under other programs.--The 
        Secretary may make grants, conclude cooperative agreements, and 
        supplement funds available under Federal programs administered 
        by agencies other than the Department in order to assist State, 
        Tribal, and local governments in planning community adjustments 
        and economic diversification required by--
                    (A) the proposed or actual establishment, 
                realignment, or closure of an electric generating 
                station owned in part or whole by the Department; and
                    (B) a publicly announced planned major reduction in 
                Department spending that would directly and adversely 
                affect a community, if the Secretary determines that an 
                action described in subparagraph (A) or this 
                subparagraph is likely to have a direct and 
                significantly adverse consequence on the affected 
                community.
            (2) Conditions.--In the case of a publicly announced 
        planned reduction in the Department spending, the closure or 
        realignment of an electric generating station, assistance may 
        be made under paragraph (1) only if the reduction, closure or 
        realignment, cancellation or termination, or failure will have 
        a direct and significant adverse impact on a community or its 
        residents.
            (3) Community adjustment and economic diversification 
        program.--(A) In the case of a State or local government 
        eligible for assistance under paragraph (1), the Secretary may 
        also make grants, conclude cooperative agreements, and 
        supplement other Federal funds in order to assist the State, 
        Tribal, county, or local government to carry out a community 
        adjustment and economic diversification program (including 
        State industrial extension or modernization efforts to 
        facilitate the economic diversification of displaced workers) 
        in addition to planning such a program.
            (B) The Secretary shall establish criteria for the 
        selection of community adjustment and economic diversification 
        programs to receive assistance under subparagraph (A). Such 
        criteria shall include a requirement that the State, Tribal, 
        county, or local government agree--
                    (i) to provide not less than 10 percent of the 
                funding for the program from non-Federal sources;
                    (ii) to provide business planning and market 
                exploration services under the program to displaced 
                workers that seek modernization or diversification 
                assistance; and
                    (iii) to provide training, counseling, and 
                placement services for dislocated workers.
            (C) The Secretary shall carry out this paragraph in 
        coordination with the Secretary of Commerce.
            (4) Community adjustments and economic diversification 
        planning.--(A) The Secretary may also make grants, conclude 
        cooperative agreements, and supplement other Federal funds in 
        order to assist a State, Tribal, county government or local 
        government in planning community adjustments and economic 
        diversification even though the State, Tribal, county 
        government or local government is not currently eligible for 
        assistance under paragraph (1) if the Secretary determines that 
        a substantial portion of the economic activity or population of 
        the geographic area to be subject to the advance planning is 
        dependent on expenditures of the Department.
            (B) The Secretary may also make grants, conclude 
        cooperative agreements, and supplement other Federal funds in 
        order to assist a State, Tribal, county, or local government in 
        enhancing its capacities--
                    (i) to assist communities, businesses, and workers 
                adversely affected by an action described in paragraph 
                (1);
                    (ii) to support local adjustment and 
                diversification initiatives; and
                    (iii) to stimulate cooperation between statewide 
                and local adjustment and diversification efforts.
            (C) The Secretary may also make grants, conclude 
        cooperative agreements, and supplement other Federal funds in 
        order to assist a State, Tribal, county, or local government in 
        enhancing the capabilities of the government to support efforts 
        of the Department to privatize, contract for, or diversify the 
        performance of family support services of the Department in 
        cases in which the capability of the Department to provide such 
        services is adversely affected by an action described in 
        paragraph (1).
            (5) Use of funds for non-federal contribution.--Funds 
        provided to State, County, Tribal, and local governments and 
        regional organizations under this section may be used as part 
        or all of any required non-Federal contribution to a Federal 
        grant-in-aid program for the purposes stated in paragraph (1).
            (6) Timeline for approval or rejection.--
                    (A) To the extent practicable, the Secretary shall 
                inform a State, Tribal, county, or local government 
                applying for assistance under this subsection of the 
                approval or rejection by the Secretary of the 
                application for such assistance as follows:
                            (i) Before the end of the 7-day period 
                        beginning on the date on which the Secretary 
                        receives the application, in the case of an 
                        application for a planning grant.
                            (ii) Before the end of the 30-day period 
                        beginning on such date, in the case of an 
                        application for assistance to carry out a 
                        community adjustments and economic 
                        diversifications program.
                    (B) If an application under this paragraph is 
                rejected by the Secretary, the Secretary shall promptly 
                inform the State, county, Tribal or local government of 
                the reasons for the rejection of the application.
    (c) Research and Technical Assistance.--The Secretary may make 
grants to, or conclude cooperative agreements or enter into contracts 
with, another Federal agency, a State, Tribal, county, or local 
government, or any private entity to conduct research and provide 
technical assistance in support of activities under this section.
    (d) Interior Pilot Program.--
            (1) Assistance for deficiencies in community 
        infrastructure.--The Secretary may make grants, conclude 
        cooperative agreements, and supplement funds available under 
        Federal programs administered by agencies other than the 
        Department to assist State, Tribal, county, and local 
        governments to address deficiencies in community infrastructure 
        supportive of economic development if the Secretary determines 
        that such assistance will enhance the economy of the area 
        affected by the closure of an electric generating station owned 
        in part or whole by the Department.
            (2) Criteria.--The Secretary shall establish criteria for 
        the selection of community infrastructure projects to receive 
        assistance under paragraph (1). The criteria shall include a 
        requirement that the State, Tribal, county, or local government 
        agree to contribute not less than 30 percent of the funding for 
        the community infrastructure project, unless the community 
        infrastructure project is located in a rural area, in which 
        case the Secretary may waive the requirement for a State, 
        Tribal, or local government contribution.
            (3) Funds available until expended.--Amounts appropriated 
        or otherwise made available for assistance under paragraph (1) 
        shall remain available until expended.
            (4) Sunset.--The authority under this subsection shall 
        expire 10 years after the date of the enactment of this Act.
    (e) Definitions.--In this section:
            (1) Community adjustment.--The terms ``community 
        adjustment'' and ``economic diversification'' include the 
        development of feasibility studies and business plans for 
        market diversification within a community that is located or 
        residing, as the case may be, not more than 100 miles from an 
        electric generating facility, owned in part by the Department 
        or which the Department has rights to, or a coal mine 
        associated with such a facility, one or both of which has 
        closed adversely affected by an action described in subsection 
        (b)(1) by adversely affected businesses and labor organizations 
        located in the community.
            (2) Community infrastructure.--The term ``community 
        infrastructure'' means any transportation project; school, 
        hospital, police, fire, emergency response, or other community 
        support facility; or water, waste-water, telecommunications, 
        electric, gas, or other utility infrastructure project that has 
        a significant nexus to the closed electric generating station 
        and owned by a State, Tribal, county, or local government.
            (3) Rural area.--The term ``rural area'' means a city, 
        town, or unincorporated area that has a population of not more 
        than 150,000 inhabitants.

           TITLE II--WORKFORCE INNOVATION AND OPPORTUNITY ACT

SEC. 201. DISLOCATED WORKER PROJECT.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Labor, in consultation with the Secretary of the 
Interior, shall establish a dislocated worker demonstration project 
under section 169(c) of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3224(c)) to assist communities impacted by the electric 
generating station owned in part by the Department.

                 TITLE III--FUNDS FOR LOSS OF REVENUES

SEC. 301. FUNDS FOR LOSS OF REVENUES.

    (a) Payment to Local Government Entities.--To the extent funds are 
made available for this purpose, the Secretary may make annual payments 
under this section to an eligible State, Tribal, or local government 
entity reflecting the loss of revenues due to the cessation of 
operations of an electric generating facility, owned in part by the 
Department, located within such State, Tribal, or local government 
entity, on a first-come, first-served basis, as follows:


----------------------------------------------------------------------------------------------------------------
       Award Year                                         Maximum Potential Award
----------------------------------------------------------------------------------------------------------------
1                         no more than eighty percent of the 5-year average of revenue
2                         no more than seventy percent of the 5-year average of revenue
3                         no more than sixty percent of the 5-year average of revenue
4                         no more than fifty percent of the 5-year average of revenue
5                         no more than forty percent of the 5-year average of revenue
6                         no more than thirty percent of the 5-year average of revenue
7                         no more than twenty percent of the 5-year average of revenue
----------------------------------------------------------------------------------------------------------------

    (b) Eligible Local Government Entity.--The term ``eligible local 
government entity'' means a Tribal government, county, municipality, 
school district or special district, where an electric generating 
facility owned in part by the Department, or the mine soley associated 
with such an electric generation facility, located within such local 
government entity--
            (1) has ceased operations; and
            (2) the closing of the facility or mine has caused a 
        reduction in the real property tax collections, royalties, 
        lease payments, transaction privilege taxes and sales taxes, or 
        payments in lieu of taxes owed by the electric generating 
        facility or the mine solely associated with the electric 
        generating facility.
    (c) Conditions on Payments and Assistance.--An eligible local 
government entity--
            (1) shall be eligible for not more than one payment each 
        fiscal year; and
            (2) may not receive payments for more than 7 fiscal years.
    (d) Order of Payment.--The date of submission of an eligible local 
government entity's application for assistance shall establish the 
order in which assistance is paid to program applicants, except that in 
no event shall assistance be paid to an eligible local government 
entity until such time that an electric generating facility has been 
closed. For purposes of this section, any local governmental entity 
seeking assistance under the electric generating facility cessation 
mitigation fund must submit an affidavit to the Secretary that a 
facility is no longer producing electricity.
    (e) Determination of Payment Amount.--After receipt of such an 
affidavit under subsection (d), the Secretary shall confirm such 
information. In the case that the facility and its solely associated 
mine is no longer producing electricity and contributing to or 
participating in electricity markets it shall be deemed that the 
electric generating facility located within the local government entity 
has ceased operation. The determination of the amount of such annual 
payment shall be determined by the Secretary on the amount of the 
differential between the annual real property taxes, royalty or lease 
payments, transaction privilege taxes and sales taxes, or payments in 
lieu of taxes imposed upon the facility, exclusive of interest and 
penalties, during the most recent year of operations and the current 
real property taxes and payments in lieu of taxes imposed upon the 
facility, exclusive of interest and penalties.

TITLE IV--SIGNIFICANTLY IMPACTED FEDERAL COMMUNITY ECONOMIC ADJUSTMENT 
                                PROGRAM

SEC. 401. FUNCTION OF THE SECRETARY.

    (a) In General.--The Secretary, acting through the Economic 
Adjustment Committee established under this title, shall design and 
establish a Significantly Impacted Federal Community Economic 
Adjustment Program to assist substantially and seriously affected 
communities, businesses, and workers from the effects of major 
federally owned, in part or whole, energy infrastructure closures 
taking place on Federal lands.
    (b) Substantially and Seriously Affected Communities, Businesses, 
and Workers.--For the purposes of this title, ``substantially and 
seriously affected communities, businesses, and workers'' includes 
communities, businesses, and persons located or residing, as the case 
may be, not more than 100 miles from an electric generating facility, 
owned in part by the Department, or a coal mine associated with such a 
facility, one or both of which has closed.

SEC. 402. FUNCTIONS OF PROGRAM.

    The Significantly Impacted Federal Community Economic Adjustment 
Program shall--
            (1) identify problems of counties, regions, metropolitan 
        areas, Tribal governments or communities that result from major 
        federally owned, in part or whole, energy infrastructure 
        closures taking place on Federal lands. and that require 
        Federal assistance;
            (2) use and maintain a uniform socioeconomic impact 
        analysis to justify the use of Federal economic adjustment 
        resources;
            (3) apply consistent policies, practices, and procedures in 
        the administration of Federal programs that are used to assist 
        significantly Federal affected counties, Tribal governments, 
        regions, metropolitan areas, communities, and businesses;
            (4) identify and strengthen existing agency mechanisms to 
        coordinate employment opportunities for displaced agency 
        personnel;
            (5) identify and strengthen existing agency mechanisms to 
        improve reemployment opportunities for dislocated Energy 
        production industry personnel;
            (6) assure timely consultation and cooperation with 
        Federal, State, regional, Tribal, county, metropolitan, and 
        community officials concerning Federal energy production-
        related impacts on affected communities' problems;
            (7) prepare, facilitate, and implement cost-effective 
        strategies and action plans to coordinate interagency and 
        intergovernmental economic adjustment efforts;
            (8) encourage effective Federal, State, Tribal, county, 
        regional, metropolitan, and community cooperation and concerted 
        involvement of public interest groups and private sector 
        organizations in economic adjustment activities;
            (9) serve as a clearinghouse to exchange information among 
        Federal, State, County, Tribal, regional, metropolitan, and 
        community officials involved in the resolution of community 
        economic adjustment problems. Such information may include, for 
        example, previous studies, technical information, and sources 
        of public and private financing;
            (10) assist in the diversification of local economies to 
        lessen dependence on Federal activities;
            (11) encourage and facilitate private sector and Tribal 
        interim use of lands and buildings to generate jobs as Federal 
        activities diminish;
            (12) develop ways to streamline property disposal 
        procedures to enable communities to acquire former energy 
        production property to generate jobs as Federal energy 
        production activities diminish; and
            (13) encourage resolution of regulatory issues that impede 
        encroachment prevention and local economic adjustment efforts.

SEC. 403. ECONOMIC ADJUSTMENT COMMITTEE.

    (a) Establishment.--There is established an ``Economic Adjustment 
Committee'' (hereafter in the title referred to as the ``Committee'') 
composed of the following or a designee or representative of the 
following, and such other individuals from the executive branch as the 
President may designate:
            (1) Secretary of Agriculture.
            (2) Attorney General.
            (3) Secretary of Commerce.
            (4) Secretary of Defense.
            (5) Secretary of Education.
            (6) Secretary of Energy.
            (7) Secretary of Health and Human Services.
            (8) Secretary of Housing and Urban Development.
            (9) Secretary of the Interior.
            (10) Secretary of Labor.
            (11) Secretary of State.
            (12) Secretary of Transportation.
            (13) Secretary of Treasury.
            (14) Secretary of Veterans Affairs.
            (15) Secretary of Homeland Security.
            (16) Chairman, Council of Economic Advisers.
            (17) Director of the Office of Management and Budget.
            (18) Director of the Office of Personnel Management.
            (19) Administrator of the Environmental Protection Agency.
            (20) Administrator of General Services.
            (21) Administrator of the Small Business Administration.
            (22) Postmaster General.
            (23) Each impacted County Board of Supervisors.
            (24) Each impacted Tribal legislature.
            (25) Each impacted Tribal executive.
            (26) Each impacted town or city.
            (27) Each local union representing workers the electric 
        generating facility or mine.
            (28) The Governor of the State in which the electric 
        generating facility or mine is located.
    (b) Chair.--The Secretary, or the Secretary's designee, shall chair 
the Committee.
    (c) Vice Chairs.--The Secretaries of Labor and Commerce shall serve 
as Vice Chairmen of the Committee. The Vice Chairmen shall co-chair the 
Committee in the absence of both the Chairman and the Chairman's 
designee and may also preside over meetings of designated 
representatives of the concerned executive agencies.
    (d) Duties.--The Committee shall--
            (1) advise, assist, and support the Significantly Impacted 
        Federal Community Economic Adjustment Program;
            (2) develop procedures to ensure that substantially and 
        seriously affected communities, businesses, and workers and 
        representatives of thereof are notified of available Federal 
        economic adjustment programs; and
            (3) report annually to the President and Congress on the 
        work of the Economic Adjustment Committee during the preceding 
        fiscal year.

SEC. 404. OFFICE OF ECONOMIC ADJUSTMENT OF THE DEPARTMENT OF THE 
              INTERIOR.

    (a) Establishment.--There is hereby established in the Department 
of the Interior the Office of Economic Adjustment.
    (b) Duties.--The head of the Office of Economic Adjustment 
established by subsection (a) shall--
            (1) provide all necessary policy and administrative support 
        to the Committee; and
            (2) coordinate the Significantly Impacted Federal Community 
        Economic Adjustment Program established pursuant to this title.

SEC. 405. RESPONSIBILITIES OF EXECUTIVE AGENCIES.

    (a) Agency Representatives.--The head of each agency represented on 
the Committee shall designate an agency representative to--
            (1) serve as a liaison with the Secretary's economic 
        adjustment staff;
            (2) coordinate agency support and participation in economic 
        adjustment assistance projects; and
            (3) assist in resolving impacts on substantially and 
        seriously affected communities, businesses, and workers related 
        to the closure of an electric generating facility, owned in 
        part by the Department, or a coal mine associated with such a 
        facility.
    (b) Agency Support.--All Federal executive agencies shall support, 
to the extent permitted by law, the economic adjustment assistance 
activities of the Secretary under this title. Such support may include 
the following:
            (1) Use and application of personnel, technical expertise, 
        legal authorities, and available financial resources.
            (2) Providing a coordinated Federal response to the needs 
        of substantially and seriously affected communities, 
        businesses, and workers related to the closure of an electric 
        generating facility an electric generating facility, owned in 
        part by the Department, or a coal mine associated with such a 
        facility.
            (3) Giving priority consideration to requests from 
        substantially and seriously affected communities, businesses, 
        and workers for Federal technical assistance, financial 
        resources, excess or surplus property, or other requirements, 
        that are part of a comprehensive plan used by the Committee.
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