II 118th CONGRESS 2d Session S. 4154 IN THE SENATE OF THE UNITED STATES April 17, 2024 Mr. Welch introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To support communities that host transmission lines and to promote conservation and recreation, and for other purposes.

1. Short title This Act may be cited as the Energizing Our Communities Act . 2. Community Economic Development Transmission Fund (a) Definitions In this section: (1) Covered loan The term covered loan means any of the following issued after the date of enactment of this Act: (A) A loan issued under section 40106(e)(1)(B) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18713(e)(1)(B) ). (B) A direct loan provided under section 50151 of Public Law 117–169 (commonly known as the Inflation Reduction Act of 2022 ) ( 42 U.S.C. 18715 ). (C) A loan made for an eligible project described in paragraph (2)(C) under the Transmission Infrastructure Program of the Western Area Power Administration. (D) Any other loan made under a Department of Energy loan program identified in the report required under subsection (f)(1) with respect to electric power transmission lines that are capable of transmitting 999 megawatts or more. (2) Eligible project The term eligible project means— (A) an eligible project (as defined in section 40106(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18713(a) )) that is carried out using a covered loan described in paragraph (1)(A); (B) a project for the construction or modification of electric transmission facilities that is carried out using a covered loan described in paragraph (1)(B); (C) a project for the purpose of constructing, financing, facilitating, planning, operating, or maintaining, or studying the construction of, new or upgraded electric power transmission lines and related facilities with at least 1 terminus within the service territory of the Western Area Power Administration that is carried out using a covered loan described in paragraph (1)(C); or (D) a project with respect to electric power transmission lines capable of transmitting 999 megawatts or more that is carried out using a covered loan described in paragraph (1)(D). (3) Fund The term Fund means the Community Economic Development Transmission Fund established under subsection (b). (4) Host community The term host community means— (A) a local government, such as a municipality, town, or county, with jurisdiction over any land on which an eligible project is or will be carried out; or (B) an Indian Tribe with jurisdiction over any land on which an eligible project is or will be carried out. (5) 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 ). (6) Secretary The term Secretary means the Secretary of Energy. (b) Establishment There is established in the Treasury a fund, to be known as the Community Economic Development Transmission Fund — (1) consisting of such amounts as may be deposited in the Fund pursuant to subsection (c); and (2) that shall be managed and administered by the Secretary to make payments, in accordance with this section, to host communities. (c) Deposits in the Fund (1) In general Notwithstanding any other provision of law, a portion, determined in accordance with paragraph (2), of the interest charged and collected with respect to a covered loan each fiscal year shall be deposited in the Fund to carry out the provisions of this Act. (2) Determination of portion The Secretary, in consultation with the Secretary of the Treasury, shall determine the portion of interest charged and collected each fiscal year that shall be deposited in the Fund under this subsection. (d) Expenditures from the Fund (1) Availability of amounts Amounts in the Fund shall be available, as provided in appropriation Acts, for making payments as described in subsection (b)(2). (2) Payments (A) In general The Secretary shall make a payment to a host community under this section not later than 18 months after construction of the applicable eligible project commences. (B) Single sum For any 1 eligible project, the Secretary may make not more than 1 payment under this section to each host community eligible to receive a payment relating to that eligible project. (3) Eligibility A host community shall be eligible to receive a payment under this section if the host community— (A) submits a request to the Secretary not later than 1 year after the host community receives notice under paragraph (4); and (B) certifies to the Secretary that the funds will be used for an eligible purpose described in subsection (e). (4) Notice The Secretary shall provide host communities notice of the availability of payments under this section as part of the Federal siting and permitting processes for the applicable eligible project. (5) Payment amount In determining the amount of a payment to a host community under this section, the Secretary shall— (A) develop and use a formula for disbursement of funds that, to the extent practicable, ensures the long-term solvency of the Fund; and (B) in developing that formula— (i) take into account input from host communities and stakeholder groups regarding the impacts of eligible projects on host communities; and (ii) include a small-population community minimum as part of the formula. (6) Payments in lieu of taxes Any amount received by a host community from a payment made under this section shall be in addition to any payment in lieu of taxes received by the host community under chapter 69 of title 31, United States Code. (e) Eligible use of funds (1) Community support A host community may use up to 80 percent of the amounts received by that host community from a payment under this section to develop, deliver, or support— (A) services, projects, or programs that— (i) improve existing infrastructure or implement essential public services, including services, projects, or programs relating to— (I) public schools; (II) public libraries; (III) public hospitals; (IV) roads, bridges, or public transportation; (V) community centers or parks; (VI) firefighting or search and rescue services; or (VII) law enforcement; (ii) provide or expand access to— (I) broadband telecommunications services at local community anchor institutions (as defined in section 60302 of the Digital Equity Act of 2021 ( 47 U.S.C. 1721 )); (II) technology or connectivity needed for students to use a digital learning tool at or outside of a local school campus; or (III) farmers markets or other agricultural support; (iii) support local agricultural processing or distribution infrastructure; (iv) support workforce training programs for technical training, skill mastery, or business opportunities across the spectrum of careers in renewable energy, with emphasis on historically underrepresented communities in the renewable energy workforce; or (v) address public health by increasing outdoor recreation opportunities, including construction of new parks, for people of all backgrounds and abilities; or (B) other, similar services, projects, or programs. (2) Conservation, stewardship, and recreation A host community shall use at least 20 percent of the amounts received by that host community from a payment under this section for conservation, stewardship, or recreation purposes, including— (A) restoring or protecting— (i) fish or wildlife habitat; (ii) fish or wildlife corridors; or (iii) wetlands, streams, rivers, or other natural water bodies in areas affected by transmission development; (B) preserving or improving recreational access to public land or water through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land or water that is inaccessible or restricted; (C) developing new or renovating existing outdoor recreation facilities that provide outdoor recreation opportunities to the public; (D) creating or significantly enhancing access to park or recreational opportunities in a neighborhood or community; (E) engaging or empowering underserved communities or youth; (F) facilitating public-private partnerships to enhance public outdoor recreational access, infrastructure improvements, or conservation efforts; (G) for natural climate solutions, including programs that— (i) accommodate biochar or other nature-based opportunities for carbon sequestration; (ii) support wildfire resilience to ensure healthy and resilient forests or grasslands; (iii) promote the planting, growing, or restoring of trees or forests; (iv) support resilience against natural disasters to ensure healthy and resilient communities; (v) empower farmers in the United States to incorporate conservation or climate co-benefits in their agricultural practices; or (vi) support or implement traditional ecological knowledge; or (H) other, similar services, projects, or programs. (f) Reports (1) Coverage Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report detailing the loan programs within the Department of Energy that fund electric power transmission lines and related infrastructure that are capable of transmitting 999 megawatts or more. (2) Annual report (A) In general Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the operation of the Fund during that fiscal year. (B) Report requirements Each report submitted under subparagraph (A) shall include— (i) a statement of— (I) the amounts deposited in the Fund during the applicable fiscal year; and (II) the balance remaining in the Fund at the end of that fiscal year; and (ii) a list of— (I) host communities that received amounts made available from the Fund during that fiscal year; (II) the associated eligible projects carried out in those host communities; and (III) the amount that each of those host communities received. (g) Savings provision Nothing in this section, including the receipt of amounts made available from the Fund— (1) precludes a host community from entering into a community benefit agreement with an owner of transmission infrastructure; or (2) otherwise affects the authority of a host community or an owner of transmission infrastructure with respect to any community benefit agreement.