Section 1 Short title
This Act may be cited as the “Justice in Power Plant Permitting Act”.
Justice in Power Plant Permitting Act
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.
Sec. 2 Definitions
In this Act:
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—
propose independent analyses of, including alternatives to, fossil fuel-fired power plants and other polluting projects seeking approvals, permits, or renewals;
decrease electricity costs;
reduce environmental burdens;
improve public health; or
otherwise advocate to benefit such communities.
Critical facility— The term critical facility means any facility critical to public health infrastructure, including health care, water and wastewater systems, and emergency services.
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—
including—
environmental pollution released—
routinely, accidentally, or otherwise; and
from any source, whether single or multiple; and
as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and
evaluated taking into account sensitive populations and other factors that may heighten vulnerability to environmental pollution and associated health risks, including socioeconomic characteristics.
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—
the same degree of protection from environmental and health hazards; and
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.
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—
areas burdened by cumulative environmental pollution and other hazards that can lead to negative public health effects;
areas with concentrations of people—
experiencing high unemployment rates, high rent burdens, low homeownership rates, or low levels of educational attainment; or
who have historically experienced discrimination on the basis of race, ethnicity, ancestry, or place of origin; or
vulnerability to the impacts of climate change.
Fossil fuel-fired power plant— The term fossil fuel-fired power plant means—
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
any boiler or generator that combusts fossil fuel and is—
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
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—
10 tons per year of any single hazardous air pollutant;
25 tons per year for any combination of hazardous air pollutants;
100 tons per year of any single air pollutant; or
the lower major source threshold in non-attainment areas for the air pollutant in non-attainment.
Impacted— The term impacted means the condition of being affected by one or more fossil fuel-fired power plants.
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).
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.
Tribal and indigenous community— The term Tribal and Indigenous community means a population of people who are members of—
a federally recognized Indian Tribe;
a State-recognized Indian Tribe;
an Alaska Native or Native Hawaiian community or organization; or
any other community of Indigenous people located in a State.
Sec. 3 Federal requirement
in subsection (a), by striking “the following amounts shall be” and all that follows and inserting the following:
“(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.”
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.”
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
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).
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—
a project that—
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;
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;
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;
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
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
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—
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—
utility bills for ratepayers; or
the cost of rent for tenants in instances in which utilities are included in the tenant’s rent; or
supports intervenor compensation opportunities to lower energy costs and reduce pollution faced by residents of impacted environmental justice communities and other impacted communities.
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).
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).
Just energy transition fund advisory council—
Establishment— The President shall establish an advisory council, to be known as the “Just Energy Transition Fund Advisory Council”.
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—
representatives of—
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;
labor unions;
State governments, Tribal governments, and local governments;
Indian Tribes and other Indigenous groups;
nongovernmental and environmental organizations; and
private sector organizations (including representatives of industries and businesses); and
experts in the field of—
socioeconomic analysis;
health and environmental effects;
exposure evaluation;
environmental law and civil rights law;
environmental health science research; or
energy systems.
Subcommittees; workgroups—
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).
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—
a description of each recommendation of the subcommittee or workgroup; and
any advice requested by the Advisory Council with respect to any duty of the Advisory Council.
Duties— The Advisory Council shall provide independent advice and recommendations to the Administrator and the Secretary with respect to—
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
measuring and evaluating the success of grants and subgrants awarded through the Just Energy Transition Fund.
Meetings—
Frequency—
In general— Subject to clause (ii), the Advisory Council shall meet biannually.
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.
Public participation—
In general— Subject to clause (ii), each meeting of the Advisory Council shall be open to the public to provide the public an opportunity—
to submit comments to the Advisory Council; and
to appear before the Advisory Council.
Authority of administrator— The Administrator may close any meeting, or portion of any meeting, of the Advisory Council to the public.
FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Council.
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.
Definitions— In this section:
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
Advisory council— The term Advisory Council means the Just Energy Transition Fund Advisory Council established under subsection (e) of this section.
Secretary— The term Secretary means the Secretary of Labor.
State— The term State means each of the 50 States and the District of Columbia.
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.
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
Permits generally—
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.”
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.”
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).”
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.