Justice in Power Plant Permitting Act
This bill addresses renewable energy use and facility contracting requirements and also establishes the Just Energy Transition Fund to, among other purposes, support projects to replace plants that are denied under the revised Clean Air Act permitting process established by this bill.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6548 Introduced in House (IH)]
<DOC>
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.
Velazquez, 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.
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 ``Justice in Power Plant Permitting
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Community intervenor.--The term ``community
intervenor'' means an effective, qualified, and compensated
representative, or group of representatives, that participates
in public service commission and permitting authority
proceedings on behalf of ratepayers in, and residents of,
impacted environmental justice communities and other impacted
communities to--
(A) propose independent analyses of, including
alternatives to, fossil fuel-fired power plants and
other polluting projects seeking approvals, permits, or
renewals;
(B) decrease electricity costs;
(C) reduce environmental burdens;
(D) improve public health; or
(E) otherwise advocate to benefit such communities.
(2) Critical facility.--The term ``critical facility''
means any facility critical to public health infrastructure,
including health care, water and wastewater systems, and
emergency services.
(3) Cumulative impacts.--The term ``cumulative impacts''
means any exposure to a public health, environmental, or
climate risk, or other effect occurring in a specific
geographical area, including from an emission, discharge, or
release--
(A) including--
(i) environmental pollution released--
(I) routinely, accidentally, or
otherwise; and
(II) from any source, whether
single or multiple; and
(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
(B) evaluated taking into account sensitive
populations and other factors that may heighten
vulnerability to environmental pollution and associated
health risks, including socioeconomic characteristics.
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, culture, national
origin, linguistic isolation, or income, with respect to the
development, implementation, and enforcement of environmental
laws, regulations, and policies to ensure that each person
enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access to any Federal agency action on
environmental justice issues in order to have a healthy
environment in which to live, learn, work, and
recreate.
(5) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities, that bears
burdens of negative public health effects, environmental
pollution, and the impacts of climate change, and possesses
certain socioeconomic criteria, which may be identified based
on geographic, public health, environmental hazard, and
socioeconomic criteria, including, but not limited to--
(A) areas burdened by cumulative environmental
pollution and other hazards that can lead to negative
public health effects;
(B) areas with concentrations of people--
(i) experiencing high unemployment rates,
high rent burdens, low homeownership rates, or
low levels of educational attainment; or
(ii) who have historically experienced
discrimination on the basis of race, ethnicity,
ancestry, or place of origin; or
(C) vulnerability to the impacts of climate change.
(6) Fossil fuel-fired power plant.--The term ``fossil fuel-
fired power plant'' means--
(A) a powerplant or electric generating unit that
combusts fossil fuel or a fossil fuel byproduct or
derivative for the production of electricity in part or
in full; and
(B) any boiler or generator that combusts fossil
fuel and is--
(i) in a census tract or adjacent to a
census tract with one or more power plants or
electric generating units that combust fossil
fuel; or
(ii) in a census tract or adjacent to
census tracts with stationary and mobile
sources of air pollution that have combined
annual emissions of more than--
(I) 10 tons per year of any single
hazardous air pollutant;
(II) 25 tons per year for any
combination of hazardous air
pollutants;
(III) 100 tons per year of any
single air pollutant; or
(IV) the lower major source
threshold in non-attainment areas for
the air pollutant in non-attainment.
(7) Impacted.--The term ``impacted'' means the condition of
being affected by one or more fossil fuel-fired power plants.
(8) Permitting authority.--The term ``permitting
authority'' has the meaning given such term in section 501 of
the Clean Air Act (42 U.S.C. 7661).
(9) Susceptible subpopulation.--The term ``susceptible
subpopulation'' means a group of individuals within the general
population who, due to either greater susceptibility or greater
exposure, may be at greater risk than the general population of
adverse health effects from exposure to air pollution, such as
infants, children, pregnant women, workers, or the elderly.
(10) Tribal and indigenous community.--The term ``Tribal
and Indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; or
(D) any other community of Indigenous people
located in a State.
SEC. 3. FEDERAL REQUIREMENT.
(a) Requirement.--Section 203 of the Energy Policy Act of 2005 (42
U.S.C. 15852) is amended--
(1) in subsection (a), by striking ``the following amounts
shall be'' and all that follows and inserting the following:
``not less than--
``(1) 3 percent shall be renewable energy in fiscal years
2007 through 2009;
``(2) 5 percent shall be renewable energy in fiscal years
2010 through 2012;
``(3) 7.5 percent shall be renewable energy in fiscal years
2013 through 2019; and
``(4) 100 percent shall be air pollution-free renewable
energy, including battery storage charged renewably, in fiscal
year 2030 and each fiscal year thereafter, with steady and
incremental progress toward this goal required in fiscal years
2020 through 2029.''; and
(2) by amending subsection (c) to read as follows:
``(c) Prioritization.--In meeting the requirement of subsection
(a), the President, acting through the Secretary, shall prioritize the
transition to consumption of air pollution-free renewable energy,
including renewable energy and battery storage charged by renewably
generated electricity, by any facility within the vicinity of a major
source (as that term is defined in section 112 of the Clean Air Act (42
U.S.C. 7412)), or units of such major source, run primarily to meet
peak electricity demand.''.
(b) Public Utility Contracts.--Section 501(b)(1)(B) of title 40,
United States Code, is amended to read as follows:
``(B) Public utility contracts.--
``(i) In general.--Except as provided in
clause (ii), a contract for public utility
services may be made for a period of not more
than 10 years.
``(ii) Renewable energy contracts.--A
contract may be made for a period of not more
than 40 years for--
``(I) the acquisition of air
pollution-free renewable energy or
battery storage powered by such energy;
or
``(II) the provision and operation
of air pollution-free renewable energy
production facilities and the purchase
of air-pollution free renewable energy
from such facilities.''.
SEC. 4. JUST ENERGY TRANSITION FUND.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2023, $10,000,000,000 for a Just Energy
Transition Fund, to be administered by the Administrator in
consultation with the Secretary and the Advisory Council, to remain
available until expended, to award funds to States, territories, and
Tribal governments for projects described in subsection (b).
(b) Eligibility.--To be eligible for a grant under this section, a
State, territory, Tribal government, local government, community-based
organization, nongovernmental organization, or private sector
organization may submit an application, in such form and manner as the
Administrator may require, for--
(1) a project that--
(A) addresses energy needs resulting from the
denial of renewal, or anticipated denial of renewal, of
a permit for a fossil fuel-fired power plant pursuant
to section 165(f) or section 502(j) of the Clean Air
Act;
(B) apportions sufficient project funds, as
determined by the Advisory Council, to income support,
health insurance, pension fund protection, job
training, and job placement for workers displaced or
expected to be displaced due to the denial of renewal,
or anticipated denial of renewal, of a permit for a
major source or a fossil fuel-fired power plant
pursuant to section 165(f) or section 502(j) of the
Clean Air Act;
(C) is supported by residents of impacted
environmental justice communities and other impacted
communities, as discerned through active and inclusive
solicitation and documentation of feedback and input
from such residents through a process established by
the Advisory Council;
(D) does not rely on fuels or technologies that
create environmental harm, including greenhouse gas
emissions and air pollution, or contribute to health
burdens on environmental justice communities and
impacted communities; and
(E) results in a quantifiable improvement to the
health and well-being of residents of impacted
environmental justice communities and other impacted
communities as measured by the Advisory Council; or
(2) a program supported by residents of impacted
environmental justice communities and other impacted
communities, as discerned through active and inclusive
solicitation and documentation of feedback and input from such
residents through a process established by the Advisory
Council, that results in a quantifiable improvement to the
health and well-being of residents of environmental justice
communities and other impacted communities, as measured by the
Advisory Committee, including one that--
(A) apportions funds to individuals who face
burdensome energy costs, including from supply charges,
delivery charges, capacity payments, and other costs
that may or may not be itemized in utility bills, or to
individuals who are expected to face burdensome costs
due to the denial of renewal, or anticipated denial of
renewal, of a permit for a fossil fuel-fired power
plant pursuant to section 165(f) or section 502(j) of
the Clean Air Act, to reduce the cost of--
(i) utility bills for ratepayers; or
(ii) the cost of rent for tenants in
instances in which utilities are included in
the tenant's rent; or
(B) supports intervenor compensation opportunities
to lower energy costs and reduce pollution faced by
residents of impacted environmental justice communities
and other impacted communities.
(c) Process.--Not later than 60 days after the date of enactment of
this section, the Administrator, in coordination with the Secretary and
the Advisory Committee, shall establish a process of applying for funds
allocated under subsection (a).
(d) Subgrants and Contracts.--A recipient of funds under this
section may award such funds to community groups and other entities as
subgrants or contracts in furtherance of a project described in
subsection (b).
(e) Just Energy Transition Fund Advisory Council.--
(1) Establishment.--The President shall establish an
advisory council, to be known as the ``Just Energy Transition
Fund Advisory Council''.
(2) Membership.--The Advisory Council shall be composed of
26 members who have knowledge of, or experience relating to,
the creation of, and transition of workers to, good-paying jobs
to combat climate change and pollution, as well as the effect
of environmental conditions on environmental justice
communities, including--
(A) representatives of--
(i) community-based organizations that
carry out initiatives relating to environmental
justice and the just transition to a clean
energy economy, including grassroots
organizations led by people of color;
(ii) labor unions;
(iii) State governments, Tribal
governments, and local governments;
(iv) Indian Tribes and other Indigenous
groups;
(v) nongovernmental and environmental
organizations; and
(vi) private sector organizations
(including representatives of industries and
businesses); and
(B) experts in the field of--
(i) socioeconomic analysis;
(ii) health and environmental effects;
(iii) exposure evaluation;
(iv) environmental law and civil rights
law;
(v) environmental health science research;
or
(vi) energy systems.
(3) Subcommittees; workgroups.--
(A) Establishment.--The Advisory Council may
establish any subcommittee or workgroup to assist the
Advisory Council in carrying out any duty of the
Advisory Council described in paragraph (4).
(B) Report.--Upon the request of the Advisory
Council, each subcommittee or workgroup established by
the Advisory Council under subparagraph (A) shall
submit to the Advisory Council a report that contains--
(i) a description of each recommendation of
the subcommittee or workgroup; and
(ii) any advice requested by the Advisory
Council with respect to any duty of the
Advisory Council.
(4) Duties.--The Advisory Council shall provide independent
advice and recommendations to the Administrator and the
Secretary with respect to--
(A) awarding grants through the Just Energy
Transition Fund to maximize progress toward a
transition to a clean energy economy while maximizing
benefits for environmental justice communities,
including by prioritizing applications that will direct
funds to support entities that have urgently and
expeditiously pursued priorities that are aligned with
the projects and programs described in subsection
(b)(1) and (2); and
(B) measuring and evaluating the success of grants
and subgrants awarded through the Just Energy
Transition Fund.
(5) Meetings.--
(A) Frequency.--
(i) In general.--Subject to clause (ii),
the Advisory Council shall meet biannually.
(ii) Authority of administrator.--The
Administrator may require the Advisory Council
to conduct additional meetings if the
Administrator determines that the conduct of
any additional meetings is necessary.
(B) Public participation.--
(i) In general.--Subject to clause (ii),
each meeting of the Advisory Council shall be
open to the public to provide the public an
opportunity--
(I) to submit comments to the
Advisory Council; and
(II) to appear before the Advisory
Council.
(ii) Authority of administrator.--The
Administrator may close any meeting, or portion
of any meeting, of the Advisory Council to the
public.
(6) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Advisory Council.
(7) Travel expenses.--The Administrator may provide to any
member of the Advisory Council travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in the performance of the
duties of the Advisory Council.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``Advisory Council'' means
the Just Energy Transition Fund Advisory Council established
under subsection (e) of this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(4) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
(5) Territory.--The term ``territory'' means the United
States Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, American Samoa, and the Commonwealth of Puerto
Rico.
(6) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
SEC. 5. CONSIDERATION OF CUMULATIVE IMPACTS IN POWER PLANT PERMITTING.
(a) Permits Generally.--
(1) Regulations.--Section 502(b) of the Clean Air Act (42
U.S.C. 7661a(b)) is amended by adding after paragraph (10) the
following:
``(11) A requirement for performing cumulative impacts
analysis in accordance with subsection (j), if applicable.''.
(2) Cumulative impacts analysis.--Section 502 of the Clean
Air Act (42 U.S.C. 7661a) is amended by adding at the end the
following:
``(j) Cumulative Impacts Analysis.--
``(1) In general.--
``(A) Permit requirement.--Whenever an applicant
seeks a permit or renewal of a permit for a fossil
fuel-fired power plant, the permitting authority shall
require such applicant to utilize a neutral third-party
assessor to perform, in consultation with a community
intervenor, an analysis of--
``(i) the cumulative impacts of pollution,
including the combined past, present, and
reasonably anticipated future emissions, from
all stationary or mobile sources, affecting the
area within five miles of the fossil fuel-fired
power plant proposed to be permitted;
``(ii) for each census block group or
Tribal census block group (as those terms are
defined by the Director of the Bureau of the
Census) located in, or adjacent to, such area,
the cumulative impacts of pollution, including
the combined past, present, and reasonably
anticipated future emissions, from all
stationary or mobile sources; and
``(iii) alternative projects sourced with
air pollution-free renewable energy.
``(B) Additional requirement.--One year after this
section takes effect and at least every five years
thereafter, the permitting authority must ensure that a
fossil fuel-fired power plant undergoes a cumulative
impacts analysis as described by this subsection if the
fossil fuel-fired power plant is--
``(i) located, or proposed to be located,
within one mile of a major source; and
``(ii) not subject to permitting
requirements pursuant to this title.
``(C) Considerations.--A cumulative impacts
analysis under subparagraph (A) shall include
consideration of--
``(i) community demographics and locations
of community exposure points, including
schools, day care centers, nursing homes,
hospitals, health clinics, places of religious
worship, parks, playgrounds, and community
centers;
``(ii) air quality and any potential
effects on that air quality of emissions of air
pollutants from the fossil fuel-fired power
plant proposed to be permitted, including in
combination with existing sources of
pollutants;
``(iii) the potential effects on soil
quality and water quality of emissions of lead
and other air pollutants that could contaminate
soil or water from the fossil fuel-fired power
plant proposed to be permitted, including in
combination with existing sources of
pollutants;
``(iv) public health and any potential
effects on public health from the emissions of
pollutants from the fossil fuel-fired power
plant proposed to be permitted, including in
combination with existing sources of
pollutants;
``(v) the potential adverse impacts on
health and well-being of residents of impacted
environmental justice communities and
populations with heightened vulnerability to
pollution and associated health risks, which
may be due to socioeconomic characteristics
including housing insecurity, barriers to
receive quality healthcare or afford health
insurance, energy cost burdens that limit use
of heat and air conditioning, long-term impacts
of siting polluting sources in environmental
justice communities, and public disinvestment
and redlining;
``(vi) the potential effects of any
proposed action on environmental justice
communities, including if the action causes or
exacerbates a disproportionate or inequitable
burden on the environmental justice community;
and
``(vii) shall be based on an analysis of
data that accurately describes the potential
cumulative impacts of the proposed action, and
may include a supplemental qualitative
analysis.
``(D) Public engagement and procedural justice
process.--The cumulative impacts analysis under
subparagraph (A) shall include a public engagement and
procedural justice process, to include--
``(i) the active and inclusive solicitation
and receipt of, and to the greatest extent
practicable, action to address, input and
feedback from residents of impacted
environmental justice communities and other
impacted communities, to be documented and
provided to the permitting authority in the
final cumulative impacts analysis;
``(ii) documentation and investigation of
claims brought by residents of impacted
environmental justice communities and impacted
communities, including the applicant's proposed
or agreed-upon mitigations, whether and how
each claim was addressed, and documentation of
the satisfaction or dissatisfaction of such
residents with the investigation of claims and
corresponding responses, if any;
``(iii) advanced notification to residents
of impacted environmental justice communities
and other impacted communities through various
means including but not limited to written
notification, local news advertisements, and
canvassers;
``(iv) multiple opportunities for residents
of impacted environmental justice communities
and other impacted communities to participate;
``(v) multiple media and formats for
participation, including in-person and remote
options, which shall include large and small
group settings, mail-in feedback opportunities,
and other such avenues to ensure that health,
socioeconomics, lack of technological
resources, and settings that are unwelcoming or
unfamiliar to residents of impacted
environmental justice communities are not
barriers to participation;
``(vi) transmission of a preliminary
cumulative impacts analysis at least 30 days in
advance of any public comment period or public
comment event to--
``(I) the permitting authority for
online publication;
``(II) community groups and
community representatives of impacted
environmental justice communities and
other impacted communities; and
``(III) to a reasonable extent, the
residents of impacted environmental
justice communities and other impacted
communities; and
``(vii) in instances in which a resident
participating in the process outlined in this
paragraph stands to benefit, financially or
otherwise, from the permit under consideration,
disclosure of such benefit in the final
cumulative impacts analysis.
``(2) Prohibition.--Except as provided in paragraph (3), a
permitting authority shall not grant a permit or renewal or
allow operation of a fossil fuel-fired power plant unless the
cumulative impacts analysis under paragraph (1) indicates a
reasonable certainty that such permit, renewal, or operation
will result in no harm to the health of the general population,
or to any potentially exposed or susceptible subpopulation,
including environmental justice communities, of a census block
group or Tribal census block group described in paragraph
(1)(A), and the public engagement and procedural justice
process described in paragraph (1)(C) is fulfilled.
``(3) Critical facilities exemption.--A fossil fuel-fired
power plant that is a boiler serving a critical facility may
only be denied a permit or be otherwise prohibited from
operation if the cumulative impact analysis under paragraph (1)
indicates a certainty that the permit or renewal will result in
harm to the health of the general population, or to any
potentially exposed or susceptible subpopulation, including
environmental justice communities, of a census block group or
Tribal census block group described in paragraph (1)(A), and
the alternative is deemed to be of reasonable cost.''.
(b) Preconstruction Permits.--Section 165 of the Clean Air Act (42
U.S.C. 7475) is amended by adding at the end the following:
``(f) Cumulative Impacts.--
``(1) In general.--
``(A) Requirement.--Whenever an applicant seeks a
permit under this section or renewal of such a permit
for a fossil fuel-fired power plant within one mile of
a fossil fuel-fired power plant or a major source (as
defined in section 112), the permitting authority shall
require such applicant to perform an analysis of the
cumulative impacts for each census block group or
Tribal census block group (as those terms are defined
by the Director of the Bureau of the Census) located
in, or immediately adjacent to, the area in which the
fossil fuel-fired power plant to be permitted is, or is
proposed to be, located.
``(B) Applicability of certain provisions.--The
provisions of subparagraphs (B) and (C) of section
502(j)(1) shall apply to any cumulative impacts
analysis performed under this subsection to the same
extent and in the same manner as such provisions apply
to a cumulative impacts analysis performed under such
section 502(j)(1).
``(2) Prohibition.--A permitting authority shall not grant
a permit or renewal described in paragraph (1)(A) unless the
cumulative impacts analysis under paragraph (1) indicates a
reasonable certainty that the permit or renewal will result in
no harm to the health of the general population, or to any
potentially exposed or susceptible subpopulation, including
environmental justice communities, of a census block group or
Tribal census block group described in paragraph (1)(A).''.
(c) Transitional Provision.--Section 165(f) and section 502(j) of
the Clean Air Act (as added by this section) shall apply with respect
to a fossil fuel-fired power plant for which, on or before the date of
enactment of this Act, a permit has been issued pursuant to section 165
or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq.), but for
which construction has not commenced as of such date.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Energy.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 25 - 17.
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