[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2148 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2148

      To promote long-term economic recovery and job creation in 
   environmental justice communities by providing for investment in 
     catalytic local predevelopment projects for resilient climate 
 infrastructure innovation, to provide assistance to support State and 
           local project development, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

   Mr. Markey (for himself, Mr. Padilla, Mr. Kelly, Mr. Durbin, Mr. 
 Booker, and Ms. Warren) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
      To promote long-term economic recovery and job creation in 
   environmental justice communities by providing for investment in 
     catalytic local predevelopment projects for resilient climate 
 infrastructure innovation, to provide assistance to support State and 
           local project development, 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 ``Local Infrastructure Funding & 
Technical Assistance Act'' or the ``LIFT Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) infrastructure systems in the United States are in a 
        period of significant disrepair and are increasingly vulnerable 
        due to climate change;
            (2) aging infrastructure, new technologies, increasing 
        complexity, and increasing incidents of severe weather due to 
        climate change pose new challenges to the resilience of those 
        infrastructure systems;
            (3) the climate resilience challenge is most acute in 
        environmental justice communities in the United States, which 
        face a chronic underinvestment in infrastructure systems and 
        require restorative investments to rebuild with equity;
            (4) experts have determined that predevelopment funding at 
        the local and project levels is the critical gap in 
        accelerating efforts of the Federal Government--
                    (A) to support climate-resilient infrastructure 
                systems and regional economies; and
                    (B) to create a steady stream of ``shovel-worthy'' 
                and well-maintained community projects;
            (5) economic analyses have determined that existing Federal 
        and State predevelopment programs generate as much as $16 to 
        $20 in economic activity for every $1 of public funds expended;
            (6) studies demonstrate that the development of stronger 
        lifecycle infrastructure methods by State and local project 
        sponsors will likely help local governments better leverage 
        current and future Federal taxpayer investment in public 
        infrastructure through partnerships with impact investors;
            (7) well-managed and resilient regional, State, and local 
        infrastructure assets will lower future Federal taxpayer costs 
        for recovery and restoration efforts;
            (8) in purchasing infrastructure, the Federal Government 
        typically accepts a low-cost capital bid without a plan for 
        maintaining an asset that is designed to last 30 to 40 years, 
        such that investing in local best practices and capacity for 
        better procurement, asset management, design, lifecycle 
        finance, and innovative data and sensor systems will partially 
        address the resilient infrastructure funding crisis in the 
        United States;
            (9) States and regions have unique infrastructure systems 
        and challenges, such as--
                    (A) wildfires and droughts in the West;
                    (B) failing dams and levees in the Midwest and 
                Mississippi regions;
                    (C) stormwater management issues in the South and 
                East; and
                    (D) broadband connectivity in the Intermountain 
                region;
            (10) the interconnected nature of energy, water, building 
        stock, transportation, and communication systems demands new 
        investments and innovations--
                    (A) to prepare for mitigating risks and 
                cyberattacks; and
                    (B) to carry out integrated deployment strategies;
            (11) the basic infrastructure needs of many communities are 
        changing during the COVID-19 era to emphasize distance learning 
        and public health, while much of the infrastructure stock of 
        the United States created in the 1950s, 1960s, and 1970s is 
        aging;
            (12) \2/3\ of United States infrastructure is funded at the 
        State and local levels;
            (13) the Federal Government, in the role of a long-term 
        strategic infrastructure partner, should focus on making 
        catalytic investments that--
                    (A) promote local best practices in resilient 
                infrastructure through performance-based investments in 
                States and communities;
                    (B) encourage regional innovation, innovative 
                partnerships, and economic resilience strategies and 
                outcomes that fund long-term capacity building and 
                economic recovery; and
                    (C) provide strategic capacity building resources, 
                technical assistance, and flexible predevelopment 
                support for resilient infrastructure project 
                development that allows States and communities to 
                accelerate the most critical State and community 
                infrastructure needs;
            (14) grantees and applicants of the Assistance for Coal 
        Communities program of the Economic Development Administration 
        have expressed financial hardship with meeting all project 
        predevelopment costs needed to be eligible for that program and 
        to transition away from fossil fuel infrastructure;
            (15) the Infrastructure Investment and Jobs Act (Public Law 
        117-58; 135 Stat. 429) makes a once-in-a-generation investment 
        of $1,200,000,000,000 to rebuild and modernize the 
        infrastructure of the United States;
            (16) Public Law 117-169 (136 Stat. 1818) (commonly known as 
        the ``Inflation Reduction Act of 2022'') includes an estimated 
        $369,000,000,000 in appropriations and tax credits for climate-
        related and energy-related investments, the largest Federal 
        climate change legislation to be enacted into law; and
            (17) Executive Order 14008 (42 U.S.C. 4321 note; relating 
        to tackling the climate crisis at home and abroad), issued by 
        President Biden on January 27, 2021, created the Justice40 
        Initiative to deliver 40 percent of climate-related investments 
        to communities identified as ``disadvantaged''.
    (b) Purpose.--Recognizing that pressing climate-resilient 
infrastructure needs differ by State and region, and that Federal 
program support for project predevelopment is limited or inflexible due 
to programmatic silos, the purpose of this Act is to establish new, 
flexible funding streams and expedited processes--
            (1) to accelerate timely, resilient infrastructure 
        deployment, specifically in environmental justice communities;
            (2) to reduce taxpayer costs in response to disasters 
        involving infrastructure; and
            (3) to preserve existing jobs and to create new jobs.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Capacity building.--
                    (A) In general.--The term ``capacity building'' 
                means the process of strengthening local coordination, 
                leadership, knowledge, skills, expertise, and access to 
                resources with the goal of helping to develop or 
                increase the ability of a community to independently 
                implement projects in the future.
                    (B) Inclusions.--The term ``capacity building'' 
                includes all activities associated with early stage 
                community-based project formation and 
                conceptualization, prior to project predevelopment 
                activity, such as identifying and planning for needed 
                climate change mitigation and adaptation projects and 
                providing stipends to local community organizations for 
                planning participation, community outreach and 
                engagement activities, grant writing, research, and 
                mentorship support to move projects from formation and 
                conceptualization to project predevelopment.
            (2) Community of color.--The term ``community of color'' 
        means a geographically distinct area in which the population of 
        any of the following categories of individuals is higher than 
        the average population of that category for the State in which 
        the community is located:
                    (A) Black.
                    (B) African American.
                    (C) Asian.
                    (D) Pacific Islander.
                    (E) Other non-White race.
                    (F) Hispanic.
                    (G) Latino.
                    (H) Linguistically isolated.
                    (I) Middle Eastern and North African.
            (3) Eligible recipient.--The term ``eligible recipient'' 
        means--
                    (A) an eligible recipient (as defined in section 3 
                of the Public Works and Economic Development Act of 
                1965 (42 U.S.C. 3122)); and
                    (B) a private individual, a non-profit 
                organization, or a for-profit organization.
            (4) 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 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (6) Lead applicant.--The term ``lead applicant'' means the 
        eligible recipient that is primarily responsible for the 
        preparation, conduct, and administration of the project for 
        which a grant is provided under section 5(c)(2).
            (7) Low-income community.--The term ``low-income 
        community'' means any census block group in 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.
            (8) Minority or woman-led entity.--The term ``minority or 
        woman-led entity'' means an organization, as determined by the 
        Secretary--
                    (A) for which a majority of the governing board of 
                directors and executive leadership of the organization 
                are women or minority persons;
                    (B) that is not dependent on or influenced by 
                another non-eligible person or organization; and
                    (C) that has not been established for the purpose 
                of this Act.
            (9) Project predevelopment.--The term ``project 
        predevelopment'' means a measure required to be completed 
        before construction of a project may occur, such as--
                    (A) architectural or engineering work;
                    (B) a market assessment;
                    (C) community outreach and engagement;
                    (D) an economic feasibility study;
                    (E) the acquisition of a site or lease;
                    (F) preparation of a business plan;
                    (G) any activity relating to permitting;
                    (H) any activity relating to the identification of 
                additional funding sources or writing of grant 
                applications;
                    (I) capacity building in local governments, 
                community institutions, and nonprofit organizations; 
                and
                    (J) training for unionized labor to execute on such 
                activities.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (11) Tribal and indigenous community.--The term ``Tribal 
        and Indigenous community'' means a population of individuals 
        who are members of--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native community or organization;
                    (D) a Native Hawaiian community or organization; or
                    (E) any other Indigenous community located in a 
                State.

SEC. 4. LOCAL INFRASTRUCTURE FUNDING & TECHNICAL ASSISTANCE GRANT 
              REQUIREMENTS.

    (a) Limitations.--In making grants with amounts made available 
under section 5(c)(2), the Secretary--
            (1) may provide not more than 50 percent of the grant 
        amount prior to an eligible recipient commencing predevelopment 
        activities described in that section; and
            (2) may not--
                    (A) provide to an eligible recipient more than 1 
                grant for which the eligible recipient is the lead 
                applicant; or
                    (B) make a grant in an amount of more than 
                $500,000.
    (b) Partnerships.--
            (1) In general.--Subject to paragraph (2), an eligible 
        recipient seeking to receive a grant under section 5(c)(2) 
        shall demonstrate multi-stakeholder partnerships between 
        stakeholders such as community-based organizations, nonprofit 
        organizations, faith-based organizations, coalitions, community 
        development corporations, units of local government, and other 
        stakeholders, as determined appropriate by the Secretary.
            (2) Requirement.--In demonstrating a partnership under 
        paragraph (1), an eligible entity shall identify 1 or more 
        community-based organizations or community-serving 
        organizations.
    (c) Use of Grant.--An eligible recipient may use a grant under 
section 5(c)(2) for project predevelopment, including--
            (1) project planning, community outreach and engagement, 
        and associated marketing and communications;
            (2) predevelopment studies, including--
                    (A) feasibility studies;
                    (B) studies evaluating the needs of, and 
                development potential for, economic growth of areas 
                that the Secretary determines have substantial need for 
                the assistance; and
                    (C) studies that evaluate the effectiveness of 
                coordinating projects funded under the Public Works and 
                Economic Development Act of 1965 (42 U.S.C. 3121 et 
                seq.) with projects funded under other Acts;
            (3) demonstrations of innovative activities or strategic 
        economic development investments;
            (4) management and operational assistance;
            (5) establishment of university centers;
            (6) establishment of business outreach centers, including 
        business clusters to support project predevelopment;
            (7) other activities determined by the Secretary to be 
        appropriate; and
            (8) making a grant to an organization to carry out any of 
        the activities described in paragraphs (1) through (7).
    (d) Selection.--
            (1) In general.--The Secretary may award a grant under 
        section 5(c)(2) only after an evaluation of--
                    (A) the merits of the application;
                    (B) the likely low- to no-carbon opportunities 
                described in the application that align with any 
                Federal climate and resiliency goals;
                    (C) the extent to which the proposed activities 
                would create efficiency of operations across services; 
                and
                    (D) the extent to which the proposed activities 
                would promote resources to invest in community 
                infrastructure.
            (2) Priority.--In awarding grants under section 5(c)(2), 
        the Secretary shall give priority to eligible recipients that--
                    (A) are located in an environmental justice 
                community;
                    (B) demonstrate strong and diverse partnerships, 
                particularly with community-based organizations;
                    (C) propose to carry out activities that would 
                improve community adaptation and resiliency;
                    (D) advance equitable workforce development or 
                increase wealth-building opportunities for 
                environmental justice communities;
                    (E) propose to carry out activities that would--
                            (i) result in predicted large greenhouse 
                        gas reductions; or
                            (ii) reduce air pollution;
                    (F) propose to carry out activities that would 
                result in large improvements to public health;
                    (G) propose to carry out activities that would 
                modernize communities and community connectivity;
                    (H) are partnerships between an institution of 
                higher education and a labor organization; or
                    (I) are minority or women-led entities.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts otherwise available, there 
is authorized to be appropriated for fiscal year 2024 $15,000,000,000, 
to remain available until September 30, 2029, to the Secretary for 
economic adjustment assistance under section 209 of the Public Works 
and Economic Development Act of 1965 (42 U.S.C. 3149) to provide grants 
for project predevelopment and technical assistance.
    (b) Administrative Costs.--In addition to amounts otherwise 
available, there is authorized to be appropriated for fiscal year 2024, 
$300,000,000, to remain available until September 30, 2029, to the 
Secretary for the administrative costs of carrying out this section, 
including the costs of using temporary Federal personnel as may be 
necessary.
    (c) Type of Grants.--Of the amounts made available under subsection 
(a)--
            (1) $5,000,000,000 shall be for technical assistance and 
        grants to eligible recipients to perform capacity building; and
            (2) $10,000,000,000 shall be for grants to eligible 
        recipients to perform project predevelopment activities to 
        assist States and communities that need support with climate 
        infrastructure investments, subject to the requirements of 
        section 4.
    (d) Environmental Justice Communities.--Of the amounts made 
available under subsection (a), not less than 50 percent shall be used 
for activities described in subsection (c) that are carried out in 
environmental justice communities.
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