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Bill
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H.R. 5482 — what changed

Energy Poverty Prevention and Accountability Act of 2024

From Introduced in House to Reported in House. 4 sections amended between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Energy Poverty Prevention and Accountability Act of 2023”.2024”.

Sec. 3 Definitions

In this Act:

(1)
Agency— The term agency has the meaning given the term in section 551 of title 5, United States Code.
(2)
Agency action— The term agency action has the meaning given the term in section 551 of title 5, United States Code.
(3)
removed Applicable energy rule— The term applicable energy rule means any energy rule that—
(A)
removed has an annual effect on the economy of not less than $50,000,000;
(B)
removed results in a major increase in costs or prices for any consumer, industry, agency, or geographic region; or
(C)
removed has a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of an enterprise based in the United States to compete with a foreign-based enterprise in a domestic or international market.
(3)
renumbered was (6) At-risk community— The term at-risk community means—
(A)
renumbered was (6)(3) a low-income community;
(B)
renumbered was (6)(4) a minority community;
(C)
renumbered was (6)(5) a rural community;
(D)
renumbered was (6)(6) an elderly community; or
(E)
renumbered was (6)(7) an American Indian, Alaska Native, or Native Hawaiian community.
(4)
renumbered was (7) Elderly community— The term elderly community means a census tract where the majority of the population consists of elderly persons (as “elderly person” is defined in section 891.205 of title 24, Code of Federal Regulations (as in effect on the date of the enactment of this Act)).
(5)
renumbered was (8) Energy poverty— The term energy poverty means a condition in which individuals do not have access to affordable and reliable energy to maintain economic security.
(6)
added Energy rule— The term energy rule means a rule (as such term is defined in section 551 of title 5, United States Code)—
(A)
added promulgated by—
(7)
removed Energy rule—
(A)
removed In general— The term energy rule means a rule (as defined in section 551 of title 5, United States Code) promulgated by—
(i)
renumbered was (9)(2)(3) the Administrator of the Environmental Protection Agency;
(ii)
renumbered was (9)(2)(4) the Secretary of the Interior;
(iii)
renumbered was (9)(2)(5) the Secretary of Agriculture;
(iv)
renumbered was (9)(2)(6) the Secretary of Energy; or
(v)
added any other agency the actions of which may affect energy poverty in an at-risk community; and
(B)
added that may result in a change to—
(v)
removed any other agency the actions of which may affect energy poverty in an at-risk community.
(B)
removed Inclusions— The term energy rule includes any rule described in subparagraph (A) that may result in a change to—
(i)
renumbered was (9)(3)(3) electricity prices;
(ii)
renumbered was (9)(3)(4) home heating prices;
(iii)
renumbered was (9)(3)(5) gasoline prices;
(iv)
renumbered was (9)(3)(6) oil prices;
(v)
renumbered was (9)(3)(7) motor vehicle prices;
(vi)
renumbered was (9)(3)(8) natural gas prices; or
(vii)
renumbered was (9)(3)(9) household appliance prices.
(7)
added Federal land—
(8)
removed Federal land—
(A)
renumbered was (10)(2) In general— The term Federal land means—
(i)
renumbered was (10)(2)(3) National Forest System land;
(ii)
renumbered was (10)(2)(4) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(iii)
renumbered was (10)(2)(5) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); and
(iv)
renumbered was (10)(2)(6) land managed by the Department of Energy.
(B)
renumbered was (10)(3) Inclusion— The term Federal land includes land described in subparagraph (A) for which the rights to the surface estate or subsurface estate are owned by a non-Federal entity.
(8)
renumbered was (11) 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).
(9)
renumbered was (12) Low-income community— The term low-income community means—
(A)
renumbered was (12)(3) a census block group in which the poverty rate for such block group is at least 20 percent;
(B)
renumbered was (12)(4) in the case of a block group not located within a metropolitan area, the median family income for such block group does not exceed 80 percent of statewide median family income; or
(C)
renumbered was (12)(5) in the case of a block group located within a metropolitan area, the median family income for such block group does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income (as defined in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)).
(10)
renumbered was (13) Minority community— The term minority community means a census tract where the majority of the population consists of minority (as defined in section 104A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703a)) individuals.
(11)
renumbered was (14) Rural community— The term rural community means a community that is located in an area that is outside of an urbanized area (as defined in section 5302 of title 49, United States Code).
(12)
renumbered was (15) State renewable portfolio standard— The term State renewable portfolio standard means any State regulation that is designed to increase the use of renewable energy sources, including wind, solar, geothermal, and biomass, to generate electricity.
(13)
renumbered was (16) Tribal land— The term Tribal land has the meaning given the term Indian land in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).

Sec. 4 Reports on access to reliable and affordable energy

(a)
Comptroller General— The Comptroller General of the United States, in consultation with each relevant agency, shall—
(1)
changed conduct an analysis of Federal energy laws, energy rules, and State renewable portfolio standards to determine how those laws, rules, and standards affected at-risk communities during the preceding fiscal year;year, and if those laws, rules, and standards created disproportionate financial impacts on at-risk communities relative to the general population;
(2)
identify barriers to the ability of at-risk communities to access reliable and affordable energy, including the manner in which the presence of adequate energy transmission infrastructure affects that access; and
(3)
develop criteria to determine whether an at-risk community is experiencing energy poverty.
(b)
changed Office of Management and Budget—Report— The Director Not later than 1 year after the date of enactment of this Act, the Office Comptroller General of Management and Budget shall review each applicable energy rule to determine if the applicable energy rule imposes disproportionate financial impacts on at-risk communities relative United States shall submit to the general population.Congress a report that—
(c)
removed Joint report— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States and the Director of the Office of Management and Budget shall jointly submit to Congress a report that—
(1)
renumbered was (4)(3) describes the analysis conducted under subsection (a)(1) and the barriers identified under subsection (a)(2);
(2)
renumbered was (4)(4) identifies the at-risk communities that are experiencing energy poverty, by location and type; and
(3)
renumbered was (4)(5) provides recommendations on—
(A)
renumbered was (4)(5)(2) how to reduce energy poverty in at-risk communities; and
(B)
renumbered was (4)(5)(3) actions each applicable agency may take to reduce the barriers described in subsection (a)(2), including by—
(i)
added rescinding or modifying energy rules;
(ii)
renumbered was (4)(5)(3)(2) establishing lower fees or lowering other costs;
(iii)
renumbered was (4)(5)(3)(3) improving the approval process for rights-of-way on Federal land and Tribal land;
(iv)
renumbered was (4)(5)(3)(4) increasing energy production on Federal lands;
(v)
renumbered was (4)(5)(3)(5) encouraging private energy sector investment in Federal land and Tribal land; and
(vi)
renumbered was (4)(5)(3)(6) improving grid resilience in remote areas.

Sec. 5 Executive activities supporting at-risk communities

(a)
Congressional Budget Office estimates for effects on energy prices— For purposes of section 402 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 653), the Director of the Congressional Budget Office shall include in any bill or resolution that could result in an agency action affecting energy poverty, including the proposal of an energy rule, an estimate of how the bill or resolution will affect the cost of energy for at-risk communities.
(b)
Energy poverty study required for certain executive activities—
(1)
Definitions— In this subsection:
(A)
Activity— The term activity means—
(i)
a declaration of a moratorium on the leasing of Federal land for the drilling, mining, or collection of oil, gas, or coal, or related activities unless such moratorium is authorized by Federal statute; or
(ii)
an action (including non-action with respect to an action directed to be carried out by statute or regulation) that prohibits or delays, with respect to Federal land—
(I)
the issuance of—
(aa)
changed new oil and gas or geothermal lease sales, oil and gas or geothermal leases, drill permits, or associated approvals, or authorizations of any kind associated with oil and gas or geothermal leases;
(bb)
changed new coal leases (including leases by application in process, renewals, modifications, or expansions of existing leases), permits, approvals, or authorizations;authorizations; or
(cc)
new mineral patents, leases, claims, permits, approvals, or authorizations; or
(II)
a withdrawal of Federal land from—
(aa)
forms of entry, appropriation, or disposal under the public land laws;
(bb)
location, entry, and patent under the mining laws; or
(cc)
disposition under laws pertaining to mineral and geothermal leasing or mineral materials.
(B)
Designee of the President— The term designee of the President means—
(i)
the Secretary of Agriculture;
(ii)
the Secretary of Energy;
(iii)
the Secretary of the Interior; and
(iv)
the Administrator of the Environmental Protection Agency.
(C)
Mineral— The term mineral means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.), and minerals located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351)).
(2)
Activity to be carried out— Notwithstanding any other provision of law, the President, or a designee of the President, may carry out an activity only if the Secretary of the Interior has fulfilled the activity requirements described in paragraph (3) for that activity.
(3)
Activity requirements— For each activity, the Secretary of the Interior shall—
(A)
conduct a study to determine if the activity, relative to the general population, is likely to—
(i)
changed impose disproportionate costs financial impacts on at-risk communities; or
(ii)
increase the likelihood that at-risk communities will experience energy poverty and job losses;
(B)
publish the study on a public website of the Department of the Interior; and
(C)
submit to Congress a report on the study that describes the study findings under subparagraph (A).
(4)
Energy poverty study—
(A)
In general— On request by an entity described in subparagraph (B), a lead agency responsible for leasing or permitting an energy or mineral development project, pipeline project, or transmission project on Federal land, in consultation with another agency with jurisdiction over that project, shall conduct a study relating to how the project is likely to alleviate energy poverty in at-risk communities, including by—
(i)
creating jobs;
(ii)
reducing energy prices; and
(iii)
other relevant measures as determined by the lead agency, or the entity requesting the study.
(B)
Study request— An entity sponsoring an energy or mineral project, pipeline project, or transmission project on Federal land may request a study for that project pursuant to subparagraph (A).
(5)
Memorandum of understanding—
(A)
In general— The lead agency, with respect to a project to be studied under paragraph (4)(A), may not begin the study until the lead agency has entered into a memorandum of understanding with the entity that requested the study.
(B)
Requirements— A memorandum of understanding entered into under this paragraph shall include—
(i)
an agreement regarding a neutral third party to conduct the study;
(ii)
a determination of which entity, with the consent of that entity, will bear the cost of the study, which may include stakeholders other than the requestor; and
(iii)
such other aspects of the study that the lead agency and the entity that requested the study consider appropriate.
(c)
Energy poverty statement—
(1)
changed In general— Beginning 30 days after the date on which the Director of the Office of Management and Budget issues guidance under section 6, an agency promulgating any energy rule, including any rule (including an interpretative rule, rule), general statements statement of policy, development or revision of a resource management plan (or equivalent document), handbook or manual revision, or guidance document shall include an energy poverty statement described in paragraph (2).shall—
(A)
added certify that the agency has determined the rule, policy, plan, revision, or guidance will not result in short-term or long-term energy poverty in at-risk communities; and
(B)
added include an energy poverty statement described in paragraph (2).
(2)
Energy poverty statement— An energy poverty statement referred to in paragraph (1) shall—
(A)
changed be displayed prominently on the first page of the rule rule, policy, plan, revision, or guidance; guidance document; and
(B)
changed state that the applicable agency certifies that include a justification for the rule or guidance will not result in energy poverty in at-risk communities.determination made under paragraph (1)(A).