[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2245 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 2245

 To establish the White House Council on Energy Transitions within the 
       Executive Office of the President, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2021

Mr. O'Halleran introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Transportation and Infrastructure, Financial Services, and 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 establish the White House Council on Energy Transitions within the 
       Executive Office of the President, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``National Energy 
Workforce and Providing Recovery Opportunities to Manage the Industry's 
Shifting Economics Act'' or the ``NEW PROMISE Act''.
    (b) Findings.--Congress finds that since 2010--
            (1) the total output of coal-fired electric generation in 
        the United States has declined 48 percent;
            (2) carbon capture, utilization, and storage technologies 
        have continued to develop;
            (3) the downturn in coal-fired electric generation has led 
        to a significant decrease in employment related to coal-fired 
        electric generation, including at electric generating stations 
        and mines;
            (4) in rural, economically distressed communities with 
        significant coal-fired electric generation employment, the 
        decrease in coal-fired electric generation has had negative 
        impacts on covered net revenues contributing to municipal 
        operating budgets;
            (5) electric generation from the consumption of natural gas 
        has increased 60 percent; and
            (6) electric generation from affordable renewable energy 
        sources including solar, wind, geothermal, and hydropower has 
        increased.

SEC. 2. WHITE HOUSE COUNCIL ON ENERGY TRANSITIONS.

    (a) Establishment.--There is established in the Executive Office of 
the President a White House Council on Energy Transitions. The Council 
shall be headed by a Director, who shall be appointed by the President 
by and with the advice and consent of the Senate.
    (b) Director.--
            (1) Qualifications.--The Director shall be a person who, as 
        a result of training, experience, and attainments, has the 
        requisite skills, abilities, and knowledge to--
                    (A) carry out the duties and functions of the 
                position and Council set forth in this Act; and
                    (B) formulate and recommend policies to assist 
                workers and communities adversely disrupted due to the 
                downturn of employment associated with coal-fired 
                electricity generation amidst the Nation's transition 
                to significantly reducing greenhouse gas emissions 
                across the economy.
            (2) Compensation.--The annual rate of pay for the Director 
        shall be fixed by the President at a rate that may not exceed 
        the annual rate of pay for level IV of the Executive Schedule.
    (c) Membership.--
            (1) Members.--The Council shall be composed of the heads of 
        the following:
                    (A) The Department of Commerce.
                    (B) The Department of Energy.
                    (C) The Department of Labor.
                    (D) The Department of the Treasury.
                    (E) The Department of Health and Human Services.
                    (F) The Department of the Interior.
                    (G) The Environmental Protection Agency.
                    (H) The Office of Management and Budget.
                    (I) The Office of Science and Technology Policy.
                    (J) The Small Business Administration.
                    (K) The Council on Environmental Quality.
                    (L) The National Economic Council.
                    (M) The Economic Development Administration.
                    (N) The Appalachian Regional Commission.
                    (O) The White House Office of Public Engagement.
                    (P) Any other department, agency, or office of the 
                executive branch as the President or Director may 
                designate.
            (2) Designees.--Any member of the Council may designate a 
        senior-level official, who is employed full-time in the 
        department, agency, or office of such member, to carry out the 
        duties of the member under this section.
    (d) Duties of the Director.--
            (1) Data on impacts of closures.--The Director shall assess 
        and publish, in a publicly available format and on the website 
        of the Council, data on the economic and societal impacts of 
        closures, occurring on or after January 1, 2010, of covered 
        electric generating stations, including associated mines (as 
        applicable), on economically distressed communities, and 
        communities the Director believes based on available 
        information, may become economically distressed communities.
            (2) Outreach.--The Director shall conduct outreach 
        activities--
                    (A) to increase awareness of the technical, 
                financial, and policy assistance resources of the 
                Council, for economically distressed communities, and 
                communities the Director believes, based on available 
                information, may become economically distressed 
                communities; and
                    (B) to facilitate the establishment of, and 
                otherwise support, Regional Transition Advisory 
                Committees.
            (3) Regional transition advisory committees.--
                    (A) Facilitation and support.--To the extent 
                practicable, not later than 60 days upon receiving a 
                request for assistance from an economically distressed 
                community, the Director shall provide technical 
                assistance, and other assistance the Director 
                determines appropriate, to such community to facilitate 
                the establishment by such community of a Regional 
                Transition Advisory Committee and to otherwise support 
                such Regional Transition Advisory Committee.
                    (B) Meetings.--To the extent practicable, the 
                Director shall meet with each Regional Transition 
                Advisory Committee at least 2 times in the first full 
                calendar year after the Committee is established, and 
                at least once annually thereafter.
                    (C) Economic development transition plans.--
                            (i) Assistance.--The Director may provide 
                        technical, policy, and financial assistance to 
                        a Regional Transition Advisory Committee for 
                        developing, implementing, assessing, and 
                        evaluating, an economic development transition 
                        plan.
                            (ii) Interim goals.--In carrying out 
                        subparagraph (A), the Director shall evaluate 
                        any interim economic development transition 
                        goals that are voluntarily submitted to the 
                        Director prior to submission of an economic 
                        development transition plan by a Regional 
                        Transition Advisory Committee, and provide such 
                        Committee, within 90 days of receipt, an 
                        evaluation and recommendations with respect to 
                        such interim goals.
                            (iii) Certification of commitment to submit 
                        and implement plan.--In order to receive 
                        financial assistance pursuant to this 
                        subparagraph, the Director shall certify that a 
                        Regional Transition Advisory Committee--
                                    (I) has or will submit to the 
                                Director an economic development 
                                transition plan that meets the criteria 
                                described in section 3(c); and
                                    (II) has committed to begin 
                                implementing such plan, including by 
                                adhering to the metrics developed 
                                pursuant to section 3(c), not later 
                                than 90 days after receiving a 
                                certification under clause (iv).
                            (iv) Certification of plan.--Not later than 
                        90 days after a Regional Transition Advisory 
                        Committee submits to the Director an economic 
                        development transition plan, the Director shall 
                        provide to the Regional Transition Advisory 
                        Committee--
                                    (I) a certification of such 
                                economic development transition plan; 
                                or
                                    (II) recommendations, consistent 
                                with the criteria described in section 
                                3(c), to improve the economic 
                                development transition plan.
                            (v) Biannual review.--Not later than every 
                        2 years after the date in which the first 
                        economic development transition plan is 
                        submitted by a Regional Transition Advisory 
                        Committee and certified by the Director under 
                        clause (iv), the Director shall conduct 
                        periodic outreach to such Regional Transition 
                        Advisory Committee to review and assist in the 
                        revision of such economic development 
                        transition plan as necessary.
            (4) Coal community resource clearinghouse.--
                    (A) Maintenance.--Not later than 180 days after the 
                date of enactment of this section, the Director shall 
                publish, maintain, and make publicly available a 
                clearinghouse, to be known as the Coal Community 
                Resource Clearinghouse, on the website of the Council 
                for the purpose of increasing awareness of Federal and 
                State programs, grants, loans, loan guarantees, and 
                other assistance resources the Director determines will 
                assist economic development activities in economically 
                distressed communities.
                    (B) Periodic updates.--In maintaining the 
                Clearinghouse, the Director shall, not less than once 
                per calendar year, update the Clearinghouse to address 
                changes to the needs of economically distressed 
                communities, as determined appropriate by the Director.
            (5) Grant specialists.--
                    (A) In general.--The Director shall establish 
                within the Council a team of grant specialists 
                (referred to in this paragraph as the ``team'') that 
                shall--
                            (i) to the extent practicable, not later 
                        than 90 days upon receiving a request for 
                        assistance from a local government representing 
                        an economically distressed community, conduct a 
                        visit to the economically distressed community 
                        to survey the relevant assets and evaluate the 
                        requisite needs of the economically distressed 
                        community in order to fulfill the goals of the 
                        economic development transition plan, if 
                        applicable;
                            (ii) assist in soliciting applications from 
                        economically distressed communities for 
                        financial and technical assistance resources 
                        identified in the Coal Community Resource 
                        Clearinghouse; and
                            (iii) provide technical assistance to 
                        economically distressed communities with 
                        applications for resources described in clause 
                        (ii).
                    (B) Team positions.--
                            (i) In general.--The Director shall ensure 
                        that the team is comprised of the number of 
                        grant specialists necessary to assist each 
                        economically distressed community on an 
                        individual basis.
                            (ii) Filling of vacancy.--A vacant position 
                        on the team shall be filled not later than 90 
                        days after the date on which the position 
                        becomes vacant.
                            (iii) Collaboration.--The team shall 
                        collaborate with other Federal and State 
                        agencies that implement programs aimed at 
                        supporting economically distressed communities.
    (e) Meetings.--Not later than 90 days after the date of the 
enactment of this Act, and at least four time annually thereafter, the 
Council shall convene a meeting of the Council. At such meetings--
            (1) each member of the Council shall share information 
        regarding the efforts of the members's department, agency, or 
        office to support through technical assistance, or other policy 
        or financial assistance the Director determines appropriate, 
        the development and implementation of economic development 
        transitions plans by Regional Transition Advisory Committees;
            (2) the Council shall evaluate progress, as necessary, of 
        economic development transition plan goals;
            (3) the Council shall discuss methods to identify and 
        disseminate information to Regional Transition Advisory 
        Committees on best practices to consider in developing economic 
        development transition plans; and
            (4) the Council shall discuss such other matters as the 
        Director determines are essential to the Council providing 
        support to the economic transition efforts of dislocated 
        workers and local communities.
    (f) Administration.--To the extent permitted by law and subject to 
the amounts made available for such purpose, the Director (or staff 
designated by the Director) shall provide to the Council administrative 
support services and additional resources, as appropriate. The Director 
shall determine the amount of funding and personnel each department, 
agency, or office represented on the Council should contribute in order 
for the Council to carry out such duties. Such department, agency, or 
office, shall, upon the request of the Director, make available to the 
Council personnel, administrative support services, and information.
    (g) Transparency.--The Director shall make available to the public, 
on a regular basis on the website of the Council and through open 
meetings, information regarding the activities of the Council and 
minutes from meetings of the Council under subsection (e).
    (h) Advisory Body.--
            (1) Establishment.--The Council may establish an advisory 
        body to advise and provide recommendations to the Council 
        regarding the execution of its duties and, as necessary and 
        with the approval of the Director, to support the development 
        of economic development transition plans submitted by Regional 
        Transition Advisory Committees under section 3.
            (2) Composition.--The advisory body established under 
        paragraph (1) shall, to the maximum extent practicable, be 
        comprised of--
                    (A) at least 2 representatives from a union or 
                labor organization representing workers of covered 
                electric generating stations, or associated mines;
                    (B) at least 2 representatives from an electric 
                utility organization with demonstrated experience 
                providing workforce transition support to workers 
                associated with the generation of electricity from 
                coal;
                    (C) at least 2 representatives from an institution 
                of higher education with demonstrated expertise in 
                energy workforce disruption or labor development 
                issues;
                    (D) at least 2 representatives from an 
                environmental organization with demonstrated expertise 
                in energy workforce disruption or labor development 
                issues;
                    (E) at least 3 representatives from an economic 
                development authority of a State or Indian Tribe;
                    (F) at least 3 representatives from an 
                environmental regulatory agency of a State or Indian 
                Tribe;
                    (G) at least 3 representatives who are serving as 
                the Chief Executive Officer of a State;
                    (H) at least 3 representatives who are 
                representatives of a Tribal government; and
                    (I) any other representative the Director may 
                designate.
            (3) Duties.--
                    (A) Public outreach.--Not later than 90 days after 
                the date of establishment of the advisory body under 
                this section, and at least twice annually thereafter 
                and in coordination with the Director, the advisory 
                body shall hold a public meeting in an economically 
                distressed community for the purpose of--
                            (i) soliciting feedback from the public, 
                        units of local government and Indian Tribes, 
                        and dislocated workers on concerns related to 
                        the closure, or imminent closure, of a covered 
                        electric generating station; and
                            (ii) soliciting recommendations on actions 
                        the departments, agencies, and offices 
                        represented on the Council may consider to 
                        support the development and implementation of 
                        economic development transition plans.
                    (B) Reports.--Not later than 270 days after the 
                first public meeting described in subparagraph (A), and 
                at least once annually thereafter, the advisory body 
                shall submit to the Director a report providing--
                            (i) a summary of recommendations approved 
                        by a simple majority of the members of the 
                        Advisory Body on actions the departments, 
                        agencies, and offices represented on the 
                        Council should take to better support, through 
                        resources provided by the Council, the 
                        development and implementation of economic 
                        development transition plans; and
                            (ii) an assessment of applicable policies 
                        or guidance of the departments, agencies, and 
                        offices represented on the Council that the 
                        advisory body believes are barriers to a 
                        Regional Transition Advisory Committee fully 
                        implementing an economic development transition 
                        plan.
                    (C) Response.--The Director shall, within 60 days 
                of receipt of a report described in subparagraph (B), 
                provide the advisory body a formal written response 
                describing the Council's findings on recommendations 
                for potential actions described in such report.
            (4) Faca exemption.--Section 14 of the Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the advisory 
        body established under this subsection.
    (i) Reports.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Director shall 
submit a report to the appropriate committees of Congress describing 
the activities carried out pursuant to this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2022 through 2035.

SEC. 3. REGIONAL TRANSITION ADVISORY COMMITTEES.

    (a) In General.--An economically distressed community may establish 
a committee, to be known as a Regional Transition Advisory Committee, 
to develop and implement an economic development transition plan for 
the economically distressed community.
    (b) Composition.--
            (1) In general.--Each Regional Transition Advisory 
        Committee established pursuant to this section shall include, 
        to the extent practicable--
                    (A) at least 1 representative from the union or 
                labor organization representing workers of the 
                applicable covered electric generating station or 
                associated mine;
                    (B) at least 1 representative who is the Chief 
                Executive Officer, or a designee thereof, of each 
                applicable State where the economically distressed 
                community is located;
                    (C) at least 1 representative from each impacted 
                local government;
                    (D) at least 1 representative from each electric 
                utility associated with an applicable covered electric 
                generating station;
                    (E) at least 1 representative from an economic 
                development agency;
                    (F) at least 1 representative from an institution 
                of higher education with demonstrated experience and 
                expertise in energy workforce disruption or labor 
                development issues;
                    (G) at least 1 representative from an environmental 
                organization with demonstrated experience and expertise 
                in energy workforce disruption or labor development 
                issues; and
                    (H) at least 1 representative who is the Chief 
                Executive Officer (or a designee thereof) of an 
                impacted Tribal government within an economically 
                distressed community (as applicable).
            (2) Chair; co-chairs.--Each Regional Transition Advisory 
        Committee shall be led by a designee of an impacted local 
        government within an economically distressed community, who 
        shall serve as the Chair of the Committee. In the event 
        multiple local governments are impacted by a closure of a 
        covered electric generating station within an economically 
        distressed community, designees from each such impacted local 
        government shall serve as Co-Chairs of the Committee.
    (c) Economic Development Transition Plan.--
            (1) In general.--A Regional Transition Advisory Committee 
        may develop and implement an plan, to be known as an economic 
        development transition plan.
            (2) Contents.--An economic development transition plan 
        shall include, at a minimum, the following:
                    (A) Strategic vision.--A strategic vision that 
                reflects the values, characteristics, and general 
                economic needs of the applicable economically 
                distressed community to guide the development and 
                implementation of the economic development transition 
                plan, such as--
                            (i) geographic proximity to an urban area;
                            (ii) socioeconomic attributes of the 
                        general workforce; and
                            (iii) such other characteristics the 
                        Regional Transition Advisory Committee 
                        determines are appropriate.
                    (B) Steps to implement.--The steps a Regional 
                Transition Advisory Committee will seek to implement in 
                the applicable economically distressed community with 
                the goals of, at a minimum--
                            (i) increasing employment opportunities for 
                        dislocated workers, to the extent practicable, 
                        including jobs in energy-related industries;
                            (ii) increasing educational opportunities, 
                        to the extent practicable, at institutions of 
                        higher education or provided by labor 
                        organizations, for dislocated workers; and
                            (iii) generating revenue, to be received by 
                        the applicable unit of local government or 
                        Indian Tribe, that is equal to or greater than 
                        the covered net revenue received by such unit 
                        of local government or Indian Tribe in the last 
                        full fiscal year in which the applicable 
                        covered electric generating station was 
                        operating.
                    (C) Assessment.--An assessment and description of--
                            (i) available infrastructure, including a 
                        status on the condition of such infrastructure, 
                        to support economic development in the 
                        economically distressed community related to 
                        essential community services;
                            (ii) the extent to which such environmental 
                        restoration activities described in 
                        subparagraph (D)(iii) may prioritize the 
                        employment of dislocated workers previously 
                        employed at the covered electric generating 
                        station or associated mine to carry out such 
                        activities (to the extent practicable);
                            (iii) types of industries or occupations 
                        located in or near the economically distressed 
                        community which dislocated workers could likely 
                        transition to, including any available data on 
                        average wages and employment-related benefits 
                        associated for each occupation;
                            (iv) covered net revenue losses incurred by 
                        the economically distressed community in the 
                        preceding fiscal year, or projected covered net 
                        revenue losses likely to be incurred, as a 
                        result of the closure of a covered electric 
                        generation station (including an associated 
                        mine), and the observed impact, or projected 
                        impact, such closure will impose on the 
                        provision of essential community services in 
                        the economically distressed community;
                            (v) the potential for distributed or 
                        renewable energy resources to provide 
                        electricity to electric consumers residing in 
                        the applicable economically distressed 
                        community;
                            (vi) any disruptions experienced by 
                        dislocated workers in the economically 
                        distressed community in terms of--
                                    (I) real wages, calculated on a 
                                weekly average basis;
                                    (II) access to a health insurance 
                                policy previously available through an 
                                employer operating a covered electric 
                                generating station or associated mine;
                                    (III) earned benefits, including--
                                            (aa) the retirement and 
                                        health benefits for coal 
                                        miners; or
                                            (bb) the United Mine 
                                        Workers of America Combined 
                                        Benefit Fund established under 
                                        section 9702 of the Internal 
                                        Revenue Code of 1986; or
                                    (IV) benefits under any qualified 
                                employer plan (as defined in section 
                                72(p)(4) of the Internal Revenue Code 
                                of 1986); and
                            (vii) available institutions of higher 
                        education or labor organizations in or near the 
                        applicable economically distressed community 
                        offering professional certification, technical 
                        training, apprenticeships, or educational 
                        instruction on jobs in energy-related 
                        industries.
                    (D) Timeline.--A timeline, with benchmarks to 
                measure progress, to--
                            (i) promote infrastructure investments to 
                        maintain or expand essential community services 
                        through available Federal, State, or local 
                        programs, or from the private sector, in the 
                        applicable economically distressed community;
                            (ii) mitigate or replace the loss of 
                        covered net revenue for the economically 
                        distressed community to a level necessary to 
                        continue provide essential services and support 
                        the goals of a comprehensive economic 
                        development transition plan;
                            (iii) conduct environmental restoration 
                        activities with respect to any mines (including 
                        surface mines, underground mines, or mine 
                        openings), coal ash ponds, and other coal 
                        mining operations directly associated with a 
                        covered electric generating station that has 
                        ceased producing electricity, including any 
                        necessary decommissioning activities at the 
                        site of the covered electric generating 
                        station; and
                            (iv) increase technical training, 
                        professional certification, apprenticeships, or 
                        educational instruction opportunities for 
                        dislocated workers at institutions of higher 
                        education or provided by labor organizations in 
                        or near the applicable economically distressed 
                        community for jobs in energy-related 
                        industries.
            (3) Metrics.--A Regional Transition Advisory Committee 
        shall, in consultation with the applicable economic development 
        agency, develop measurable evaluation and performance metrics 
        that the Regional Transition Advisory Committee shall adhere to 
        throughout the implementation of the economic development 
        transition plan.

SEC. 4. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION GRANTS.

    (a) In General.--Section 609 of the Public Utility Regulatory 
Policies Act of 1978 (7 U.S.C. 918c) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``or 
                municipality'' and inserting ``, municipality, or 
                Indian Tribe'';
                    (B) in paragraph (5), by striking ``10,000'' and 
                inserting ``20,000''; and
                    (C) by adding at the end the following:
            ``(6) The term `economically distressed community' has the 
        meaning given such term in section 8 of the NEW PROMISE Act.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or the deployment of 
                        energy storage technologies'' after ``energy 
                        efficiency'';
                            (ii) by inserting ``or economically 
                        distressed communities'' after ``rural areas''; 
                        and
                            (iii) by striking ``or'' at the end;
                    (B) in paragraph (2)--
                            (i) by inserting ``or economically 
                        distressed communities'' after ``rural areas''; 
                        and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(3) refurbishing, redeveloping, or repurposing electric 
        generating facilities that primarily consume coal as a fuel 
        source that have recently ceased operation, or will cease 
        operation in the near future, for manufacturing, including 
        manufacturing clean energy technologies or materials.''; and
            (3) in subsection (d)--
                    (A) by striking ``$20,000,000'' and inserting 
                ``$50,000,000''; and
                    (B) by striking ``2006 through 2012'' and inserting 
                ``2022 through 2026''.

SEC. 5. ADVANCED NOTICE TO COMMUNITIES POTENTIALLY IMPACTED BY CLOSURE 
              OF AN ELECTRIC GENERATING FACILITY THAT PRIMARILY 
              CONSUMES COAL AS A FUEL SOURCE.

    (a) Federal Standard.--Section 111(d) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by 
adding at the end the following:
            ``(20) Advanced notice of closure.--
                    ``(A) Each electric utility shall provide to 
                potentially impacted local governments and Indian 
                Tribes (as applicable) a formal written notice of any 
                closure of an electric generating facility (including 
                any generating unit thereof) of such electric utility 
                that primarily consumes coal as a fuel source.
                    ``(B) With respect to an electric utility for which 
                a State regulatory authority has ratemaking authority, 
                notice under subparagraph (A) shall be provided by such 
                electric utility to local governments and Indian Tribes 
                within 7 days of submitting to the State regulatory 
                authority any similar notice.
                    ``(C) An electric utility providing a written 
                notice under subparagraph (A) shall, to the maximum 
                extent practicable, include in such notice--
                            ``(i) a schedule describing the projected 
                        timeline--
                                    ``(I) for the closure, which shall, 
                                to maximum extent practicable, not 
                                occur prior to the date that is 3 years 
                                after the date of such notice, 
                                including dates of any phases of 
                                closure;
                                    ``(II) for workforce transition 
                                activities sponsored by the electric 
                                utility for applicable employees of the 
                                electric utility, if applicable; and
                                    ``(III) for future reclamation 
                                activities on the land of the electric 
                                generating facility (or generating unit 
                                thereof) that is closing; and
                            ``(ii) a description of the extent to which 
                        the electric utility will prioritize the use of 
                        the incumbent workforce of the facility or 
                        associated mine in carrying out reclamation 
                        activities described in clause (i)(III).
                    ``(D) An electric utility providing a written 
                notice under this subsection shall, within 7 days of 
                obtaining new information that would refine, alter, or 
                otherwise update any timeline described in subparagraph 
                (C), provide such update in a new formal written notice 
                to potentially impacted local governments and Indian 
                Tribes (as applicable).''.
    (b) Obligations To Consider and Determine.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of the 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority) and each nonregulated electric utility 
        shall commence the consideration referred to in section 111, or 
        set a hearing date for consideration, with respect to the 
        standard established by paragraph (20) of section 111(d).
            ``(B) Not later than 2 years after the date of the 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority), and each nonregulated electric utility, 
        shall complete the consideration, and shall make the 
        determination, referred to in section 111 with respect to the 
        standard established by paragraph (20) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
        amended--
                    (A) by striking ``subsection (b)(2)'' and inserting 
                ``subsection (b)''; and
                    (B) by adding at the end the following: ``In the 
                case of the standard established by paragraph (20) of 
                section 111(d), the reference contained in this 
                subsection to the date of enactment of this Act shall 
                be deemed to be a reference to the date of enactment of 
                such paragraph (20).''.
    (c) Prior State Actions.--Section 112 of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 20622) is amended by adding 
at the end the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standard established by paragraph (20) of 
section 111(d) in the case of any electric utility in a State if, 
before the enactment of this subsection--
            ``(1) the State has implemented for such utility the 
        standard concerned (or a comparable standard);
            ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility; or
            ``(3) the State legislature has voted on the implementation 
        of such standard (or a comparable standard) for such 
        utility.''.

SEC. 6. WORKFORCE INNOVATION AND OPPORTUNITY ACT PILOT PROGRAM.

    (a) Pilot Program.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Labor, in consultation with the 
Director, shall establish a pilot program under section 169(c) of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 3224(c)) to assist 
dislocated workers in economically distressed communities.
    (b) Eligibility.--A dislocated worker shall be certified by the 
Secretary as eligible to participate in the pilot program under this 
section if--
            (1) the dislocated worker was, within the 60-month period 
        prior to the date of enactment of this Act, employed in an 
        occupation primarily associated with the generation of 
        electricity from coal as a fuel source; or
            (2) the Secretary determines, based on available 
        information that a worker, or significant proportion of the 
        workers' employment site that primarily generates electricity 
        from coal, including an associated mine, has become totally, 
        partially, or are likely to be separated from employment.
    (c) Authority To Collect Information.--
            (1) In general.--The Secretary shall, in determining 
        whether to certify a worker or group of workers under 
        subsection (b), obtain information the Secretary determines to 
        be necessary to make the certification from--
                    (A) the employer of the worker or group of workers;
                    (B) officials of certified or recognized labor 
                organizations or other duly authorized representatives 
                of the group of workers; or
                    (C) one-stop operators or one-stop partners (as 
                defined in section 3 of the Workforce Innovation and 
                Opportunity Act (29 U.S.C. 3102)).
            (2) Verification of information.--The Secretary shall 
        require an employer, labor organization, or one-stop operator 
        or partner to certify all information obtained under paragraph 
        (1) from the employer, labor organization, or one-stop operator 
        or partner (as the case may be) on which the Secretary relies 
        in making a determination under subsection (b), unless the 
        Secretary has reasonable basis for determining that such 
        information is accurate and complete without being certified.
    (d) Criteria.--In establishing the pilot program under this 
section, the Secretary of Labor and the Director shall consider, in 
addition to other such criteria as the Secretary of Labor and the 
Director of the Council determine appropriate, the extent to which the 
pilot program will be able to provide dislocated workers in 
economically distressed communities education, employment search, or 
training opportunities to--
            (1) support entrepreneurship and small business 
        development; and
            (2) enter jobs in energy-related industries, with an 
        emphasis on construction, engineering, manufacturing, or retro-
        fitting jobs for renewable energy, energy efficiency, carbon 
        dioxide removal, or carbon capture, utilization, and storage 
        projects.
    (e) Consultation With State and Local Programs.--Not later than 180 
days after the date of enactment of this Act, the Secretary of Labor 
shall consult with entities described in paragraph (2) to evaluate 
lessons learned, solicit best practices, and evaluate the feasibility 
of, and solicit best practices or lessons learned for establishing or 
expanding transitional support benefits through programs described in 
paragraph (1) for eligible dislocated workers participating in the 
pilot program established under this section.
            (1) Transitional support benefits described.--The programs 
        described in this paragraph are as follows:
                    (A) Under a State plan amendment pursuant to 
                section 1916A of the Social Security Act (42 U.S.C. 
                1396o-1).
                    (B) Wage differential benefits, in terms of the 
                difference in wages previously earned on a weekly basis 
                by an employee from an employer that is directly 
                associated with the operation of a covered electric 
                generating station or associated mine in the final 
                applicable calendar year of such operation, and 
                compensation received by a dislocated worker who, as 
                part of an unemployment fund administered by a State 
                agency, is experiencing employment loss directly 
                associated with the closure or cessation of operations 
                at a covered electric generating station or associated 
                mine (as the case may be).
                    (C) Continuation coverage under a COBRA 
                continuation provision (as defined in section 
                7333(d)(1) of the Employee Retirement Income Security 
                Act of 1974) or a similar State program, or under 
                section 8905(a) of title 5, United States Code.
                    (D) Benefits similar in type, amount, and duration 
                pursuant to chapter 2 of title II of the Trade Act of 
                1974 (19 U.S.C. 2101).
            (2) Entities described.--An entity described under this 
        paragraph shall have demonstrated experience providing one or 
        multiple programs described in paragraph (1) to dislocated 
        workers, including--
                    (A) a Chief Executive Officer of a State;
                    (B) a State public health official;
                    (C) a Local workforce development board;
                    (D) a State workforce development board; or
                    (E) the head of a Federal agency.
    (f) Duration.--
            (1) In general.--The Secretary of Labor shall carry out the 
        pilot program under this section for a period of not less than 
        10 years.
            (2) Worker participation period.--A dislocated worker 
        participating in the pilot program under this section may 
        participate for a period to be determined by the Secretary and 
        in consultation with the Director, until such point that--
                    (A) a dislocated worker obtains full-time 
                employment; or
                    (B) a dislocated worker submits a request for an 
                extension to participate in the pilot program to the 
                Secretary due to the length of training, education, or 
                job placement services received through the pilot 
                program under this section exceeding the initial period 
                for participation determined by the Secretary.
    (g) Reports.--In carrying out this section, the Secretary of Labor 
and the Director shall submit to the appropriate committees of Congress 
a report annually describing--
            (1) recommendations for establishing transitional support 
        benefits as a benefit provided under the pilot program under 
        this section for dislocated workers as described in subsection 
        (e)(1);
            (2) recommendations for developing tailored educational and 
        instructional curricula for dislocated workers to obtain 
        skills, certification, or training required for emerging 
        energy-related industries or other industries;
            (3) barriers impacting dislocated workers from entering 
        emerging energy-related industries or finding employment in 
        other industries; and
            (4) such other information as the Secretary of Labor and 
        the Director determine appropriate.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Labor to carry out this section $100,000,000 
        for fiscal year 2022, which shall remain available until 
        expended.
            (2) Administrative costs.--Not more than 5 percent of the 
        amount appropriated under paragraph (1) shall be used for 
        administrative purposes.

SEC. 7. COVERED ELECTRIC GENERATING STATION CESSATION MITIGATION FUND.

    (a) Establishment of Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Covered Electric 
        Generating Station Cessation Mitigation Fund'' (referred to in 
        this section as the ``Mitigation Fund'') consisting of--
                    (A) such amounts as are deposited in the Fund 
                pursuant to this section; and
                    (B) such amounts as may be appropriated to 
                supplement the Fund.
            (2) Use of fund.--Amounts deposited in the Mitigation Fund 
        shall be available to the Secretary of Treasury, in 
        consultation with the Director, to make payments to 
        economically distressed communities in amounts described in 
        subsection (b) to mitigate the impact from the loss of covered 
        net revenues.
            (3) Timing.--Subject to amounts available in the Mitigation 
        Fund, not later than 180 days after the date of enactment of 
        this Act, the Secretary of Treasury shall begin making payments 
        under this section.
    (b) Payment to Economically Distressed Communities.--
            (1) Assistance.--The Secretary of Treasury may provide 
        assistance, in the form of annual payments, to an economically 
        distressed community representing a portion of the loss of 
        covered net revenues due to the cessation of operations of a 
        covered electric generating station.
            (2) Annual payments.--
                    (A) Determination of payment amount.--The amount of 
                an annual payment under this section shall be 
                determined by the Secretary of Treasury.
                    (B) Maximum amount.--The amount of an annual 
                payment under this section shall be not more than the 
                applicable percentage of the average annual covered net 
                revenues received by the applicable unit of local 
                government or Indian Tribe from the applicable covered 
                electric generation station for the 5-year period that 
                ends with the fiscal year that immediately precedes the 
                last fiscal year in which such covered electric 
                generating station operated, as specified in the 
                following table for an award year:


------------------------------------------------------------------------
             Award Year                     Applicable Percentage
------------------------------------------------------------------------
                                 1   80 percent
------------------------------------------------------------------------
                                 2   70 percent
------------------------------------------------------------------------
                                 3   60 percent
------------------------------------------------------------------------
                                 4   50 percent
------------------------------------------------------------------------
                                 5   40 percent
------------------------------------------------------------------------
                                 6   30 percent
------------------------------------------------------------------------
                                 7   20 percent
------------------------------------------------------------------------

            (3) Conditions of payments.--An economically distressed 
        community--
                    (A) shall be eligible for not more than 1 payment 
                under this section each fiscal year; and
                    (B) may not receive payments under this section for 
                more than 7 fiscal years.
            (4) Application.--The Secretary shall not provide any 
        payment under this section to an economically distressed 
        community until such time as the economically distressed 
        community completes an application including such information 
        in such form as the Secretary may require, including an 
        affidavit that a covered electric generating station located in 
        such community has, on or after January 1, 2010, closed (or is 
        no longer generating electricity), and that such community has 
        been significantly impacted by such closure.
            (5) Order of payment.--The date of submission of an 
        economically distressed community's application for assistance 
        shall establish the order in which the Secretary of Treasury 
        provides assistance under this section.
    (c) Annual Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter for each fiscal year 
during which amounts in the Mitigation Fund are available, an 
economically distressed community receiving payment under this section 
shall submit to the Secretary a report that--
            (1) describes how amounts from the Mitigation Fund support 
        such economically distressed community in--
                    (A) maintaining essential community services in 
                such economically distressed community; and
                    (B) fulfilling the objectives described in any 
                applicable economic development transition plan; and
            (2) includes any additional information that the Secretary 
        determines appropriate.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        deposit into the Mitigation Fund and to carry out this section 
        $250,000,000 for fiscal year 2022, to remain available until 
        expended.
            (2) Administrative costs.--Not more than 5 percent of the 
        amount appropriated pursuant to paragraph (1) shall be used for 
        administrative purposes.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Apprenticeship.--The term ``apprenticeship'' means an 
        apprenticeship registered under the Act of August 16, 1937 
        (commonly referred to as the ``National Apprenticeship Act''; 
        50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on Education and Labor of the 
                House of Representatives;
                    (F) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (G) the Committee on Way and Means of the House of 
                Representatives.
            (3) Council.--The term ``Council'' means the White House 
        Council on Energy Transitions established by section 2.
            (4) Covered electric generating station.--The term 
        ``covered electric generating station'' means an electric 
        generating station that primarily consumes coal as a fuel 
        source.
            (5) Covered net revenue.--The term ``covered net revenue'' 
        means revenue derived by a unit of local government or Indian 
        Tribe in a fiscal year from a covered electric generating 
        station in the form of annual real property taxes, royalty or 
        lease payments, transaction privilege taxes, sales taxes, or 
        payments in lieu of taxes imposed upon the covered electric 
        generating station, exclusive of interest and penalties.
            (6) Director.--The term ``Director'' means the Director of 
        the White House Council on Energy Transitions.
            (7) Dislocated worker.--The term ``dislocated worker'' has 
        the meaning given such term in section 3 of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102).
            (8) Economic development agency.--The term ``economic 
        development agency'' has the meaning given such term in section 
        3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).
            (9) Economic development transition plan.--The term 
        ``economic development transition plan'' means a plan developed 
        by a Regional Transition Advisory Committee in accordance with 
        section 3.
            (10) Economically distressed community.--The term 
        ``economically distressed community'' means a unit of local 
        government or Indian Tribe that is located within a 75-mile 
        radius of a covered electric generating station and that is 
        significantly impacted by the closure of such covered electric 
        generating station occurring on or after January 1, 2010, 
        including by, as a result of such closure experiencing--
                    (A) a net labor loss of at least 50 workers who 
                lost employment directly from or associated with the 
                covered electric generating station, including an 
                associated mine;
                    (B) a covered net revenue loss of over 25 percent 
                compared to the previous fiscal year; or
                    (C) at least a 10-percent increase in the cost of 
                electricity for applicable electric consumers compared 
                to the previous calendar year.
            (11) Electric consumer.--The term ``electric consumer'' has 
        the meaning given such term in section 3(5) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(5)).
            (12) Employment loss.--The term ``employment loss'' has the 
        meaning given such term in section 2(a) of the Worker 
        Adjustment and Retraining Notification Act (29 U.S.C. 2101(a)).
            (13) Essential community services.--The term ``essential 
        community services'' means infrastructure located entirely or 
        partially within an economically distressed community and 
        services that provide direct support to residents of a 
        community, including services related to--
                    (A) health care;
                    (B) transportation;
                    (C) energy;
                    (D) telecommunications;
                    (E) public education;
                    (F) public safety; and
                    (G) housing.
            (14) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), except that such term does not include 
        institutions described in subparagraphs (A) or (C) of 
        subsection (a)(1) of such section 102.
            (15) Jobs in energy-related industries.--The term ``jobs in 
        energy-related industries'' includes manufacturing, 
        engineering, installation, construction, and retrofitting jobs 
        in energy-related industries.
            (16) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 7103 of title 5, 
        United States Code.
            (17) Local workforce development board.--The term ``local 
        workforce development board'' means a local board, as defined 
        in section 3 of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3102).
            (18) Regional transition advisory committee.--The term 
        ``Regional Transition Advisory Committee'' means a committee 
        described in section 3 that is established by an economically 
        distressed community.
            (19) State agency.--The term ``State agency'' has the 
        meaning given the term in section 3306 of the Internal Revenue 
        Code of 1986.
            (20) State workforce development board.--The term ``State 
        workforce development board'' means a State board, as defined 
        in section 3 of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3102).
            (21) Unemployment fund.--The term ``unemployment fund'' has 
        the meaning given the term in section 3306 of the Internal 
        Revenue Code of 1986.
                                 <all>