[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5204 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5204

 To direct the Administrator of the Environmental Protection Agency to 
  establish a grant program to facilitate the development of climate 
     adaptation plans by certain entities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 15, 2023

 Ms. Escobar introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of the Environmental Protection Agency to 
  establish a grant program to facilitate the development of climate 
     adaptation plans by certain entities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Climate Adaptation Plan Act'' or the 
``CAP Act''.

SEC. 2. CLIMATE ADAPTATION PLAN GRANT PROGRAM.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this section, the Administrator shall establish a grant 
program to award amounts, on a competitive basis, to eligible entities 
to facilitate the development of a climate adaptation plan by such 
eligible entities.
    (b) Guidance.--The Administrator shall issue guidance regarding the 
implementation of the grant program established under subsection (a) in 
consultation with stakeholders, including representatives of youth, 
farmers, nongovernmental organizations, the scientific and 
technological community, trade unions, the business and industrial 
community, Indigenous communities, and local governments.
    (c) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Administrator an application in 
such form, at such time, and containing such information as the 
Administrator determines appropriate, including the following:
            (1) Information demonstrating that a low-income community 
        is included within the population represented by the eligible 
        entity.
            (2) Information demonstrating that the eligible entity 
        either has experience with, or plans to contract the services 
        of an individual or entity who has experience with--
                    (A) conducting risk assessments with regard to 
                climate change;
                    (B) hazard mitigation;
                    (C) program and project finance; and
                    (D) Federal grant applications.
            (3) Demographic information of the population represented 
        by the eligible entity, including--
                    (A) population size;
                    (B) average household income;
                    (C) race;
                    (D) education level; and
                    (E) primary sectors of employment.
            (4) A statement describing why the eligible entity wants to 
        develop a climate adaptation plan.
            (5) Information regarding the negative effects of climate 
        change the eligible entity is, or is at risk of, experiencing.
            (6) Information regarding the strategy the eligible entity 
        will use in the development of the climate adaptation plan to 
        engage stakeholders, which shall include, as applicable to the 
        eligible entity, representatives of youth, farmers, 
        nongovernmental organizations, the scientific and technological 
        community, trade unions, the business and industrial community, 
        Indigenous communities that will be affected by the climate 
        adaptation plan of the eligible entity, and neighboring 
        jurisdictions.
            (7) The identity of the person who will lead the 
        development of the climate adaptation plan.
            (8) A statement regarding whether the eligible entity will 
        hire a third party to facilitate the development of the climate 
        adaptation plan.
            (9) The expected timeline for development of the climate 
        adaptation plan.
            (10) Actions the eligible entity plans to take to ensure 
        that environmental justice communities within the population 
        represented by the eligible entity are informed of the process 
        for developing the climate adaptation plan.
    (d) Integration.--In developing a climate adaptation plan using 
amounts awarded under this section, an eligible entity shall, to the 
extent practicable, integrate such plan with other relevant existing 
plans, including any applicable--
            (1) hazard mitigation plan developed pursuant to section 
        322(a) of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5165(a));
            (2) land use plan;
            (3) economic development plan;
            (4) capital improvement plan;
            (5) community comprehensive plan; and
            (6) emergency management plan.
    (e) Climate Adaptation Plan Requirements.--An eligible entity that 
develops a climate adaptation plan using amounts awarded under this 
section shall include in such climate adaptation plan the following:
            (1) An assessment of the risks posed by climate change to 
        the population represented by the eligible entity, which shall 
        take into consideration demographic and social factors of such 
        population, including--
                    (A) geographic distribution;
                    (B) race;
                    (C) ethnicity;
                    (D) socioeconomic status;
                    (E) health; and
                    (F) historic and ongoing systemic racism.
            (2) An assessment of the risks posed by climate change to 
        the natural ecosystems within the jurisdiction of the eligible 
        entity, which shall take into consideration factors including--
                    (A) geography; and
                    (B) species present in such ecosystems.
            (3) An assessment of the risks posed by climate change to 
        housing, infrastructure, and public buildings within the 
        jurisdiction of the eligible entity.
            (4) A description of the actions the eligible entity plans 
        to take to address risks identified under paragraphs (1), (2), 
        and (3), including--
                    (A) changes in land use, zoning, or building codes 
                and standards; and
                    (B) restoration and protection of areas within the 
                jurisdiction of the eligible entity and the development 
                of strategies to achieve such restoration and 
                protection.
    (f) Priority.--In awarding amounts under this section, the 
Administrator shall give priority to applications from eligible 
entities that include an environmental justice community within the 
population represented by the eligible entity.
    (g) Matching Requirement.--There shall be no matching requirement 
for amounts awarded under this section.
    (h) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Climate adaptation plan.--The term ``climate adaptation 
        plan'' means a framework for--
                    (A) measuring, tracking, and reducing greenhouse 
                gas emissions; and
                    (B) adopting climate change adaptation measures.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local government;
                    (B) an agency or instrumentality of a local 
                government;
                    (C) the governing body of a federally recognized 
                Indian Tribe; or
                    (D) a federally recognized Indian Tribe or 
                authorized Tribal organization or Alaska Native village 
                or organization that is not a Tribal government or the 
                governing body of a federally recognized Indian Tribe.
            (4) Environmental justice community.--The term 
        ``environmental justice community'' means a community that, as 
        determined by the Administrator--
                    (A) has significant representation of--
                            (i) communities of color;
                            (ii) low-income communities; or
                            (iii) Tribal or Indigenous communities; and
                    (B) experiences or is at risk of experiencing 
                greater or more frequent adverse environmental or 
                health effects as a result of climate change.
            (5) Local government.--The term ``local government'' means 
        a county, municipality, city, town, township, local public 
        authority, school district, special district, intrastate 
        district, council of governments (regardless of whether the 
        council of governments is incorporated as a nonprofit 
        corporation under State law), or regional or interstate 
        governmental entity.
            (6) Low-income community.--The term ``low-income 
        community'' means a census block group within which 30 percent 
        or more of the population are individuals with an annual 
        household income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
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