[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4154 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4154

  To support communities that host transmission lines and to promote 
          conservation and recreation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2024

   Mr. Welch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To support communities that host transmission lines and to promote 
          conservation and recreation, 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 ``Energizing Our Communities Act''.

SEC. 2. COMMUNITY ECONOMIC DEVELOPMENT TRANSMISSION FUND.

    (a) Definitions.--In this section:
            (1) Covered loan.--The term ``covered loan'' means any of 
        the following issued after the date of enactment of this Act:
                    (A) A loan issued under section 40106(e)(1)(B) of 
                the Infrastructure Investment and Jobs Act (42 U.S.C. 
                18713(e)(1)(B)).
                    (B) A direct loan provided under section 50151 of 
                Public Law 117-169 (commonly known as the ``Inflation 
                Reduction Act of 2022'') (42 U.S.C. 18715).
                    (C) A loan made for an eligible project described 
                in paragraph (2)(C) under the Transmission 
                Infrastructure Program of the Western Area Power 
                Administration.
                    (D) Any other loan made under a Department of 
                Energy loan program identified in the report required 
                under subsection (f)(1) with respect to electric power 
                transmission lines that are capable of transmitting 999 
                megawatts or more.
            (2) Eligible project.--The term ``eligible project'' 
        means--
                    (A) an eligible project (as defined in section 
                40106(a) of the Infrastructure Investment and Jobs Act 
                (42 U.S.C. 18713(a))) that is carried out using a 
                covered loan described in paragraph (1)(A);
                    (B) a project for the construction or modification 
                of electric transmission facilities that is carried out 
                using a covered loan described in paragraph (1)(B);
                    (C) a project for the purpose of constructing, 
                financing, facilitating, planning, operating, or 
                maintaining, or studying the construction of, new or 
                upgraded electric power transmission lines and related 
                facilities with at least 1 terminus within the service 
                territory of the Western Area Power Administration that 
                is carried out using a covered loan described in 
                paragraph (1)(C); or
                    (D) a project with respect to electric power 
                transmission lines capable of transmitting 999 
                megawatts or more that is carried out using a covered 
                loan described in paragraph (1)(D).
            (3) Fund.--The term ``Fund'' means the Community Economic 
        Development Transmission Fund established under subsection (b).
            (4) Host community.--The term ``host community'' means--
                    (A) a local government, such as a municipality, 
                town, or county, with jurisdiction over any land on 
                which an eligible project is or will be carried out; or
                    (B) an Indian Tribe with jurisdiction over any land 
                on which an eligible project is or will be carried out.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--There is established in the Treasury a fund, to 
be known as the ``Community Economic Development Transmission Fund''--
            (1) consisting of such amounts as may be deposited in the 
        Fund pursuant to subsection (c); and
            (2) that shall be managed and administered by the Secretary 
        to make payments, in accordance with this section, to host 
        communities.
    (c) Deposits in the Fund.--
            (1) In general.--Notwithstanding any other provision of 
        law, a portion, determined in accordance with paragraph (2), of 
        the interest charged and collected with respect to a covered 
        loan each fiscal year shall be deposited in the Fund to carry 
        out the provisions of this Act.
            (2) Determination of portion.--The Secretary, in 
        consultation with the Secretary of the Treasury, shall 
        determine the portion of interest charged and collected each 
        fiscal year that shall be deposited in the Fund under this 
        subsection.
    (d) Expenditures From the Fund.--
            (1) Availability of amounts.--Amounts in the Fund shall be 
        available, as provided in appropriation Acts, for making 
        payments as described in subsection (b)(2).
            (2) Payments.--
                    (A) In general.--The Secretary shall make a payment 
                to a host community under this section not later than 
                18 months after construction of the applicable eligible 
                project commences.
                    (B) Single sum.--For any 1 eligible project, the 
                Secretary may make not more than 1 payment under this 
                section to each host community eligible to receive a 
                payment relating to that eligible project.
            (3) Eligibility.--A host community shall be eligible to 
        receive a payment under this section if the host community--
                    (A) submits a request to the Secretary not later 
                than 1 year after the host community receives notice 
                under paragraph (4); and
                    (B) certifies to the Secretary that the funds will 
                be used for an eligible purpose described in subsection 
                (e).
            (4) Notice.--The Secretary shall provide host communities 
        notice of the availability of payments under this section as 
        part of the Federal siting and permitting processes for the 
        applicable eligible project.
            (5) Payment amount.--In determining the amount of a payment 
        to a host community under this section, the Secretary shall--
                    (A) develop and use a formula for disbursement of 
                funds that, to the extent practicable, ensures the 
                long-term solvency of the Fund; and
                    (B) in developing that formula--
                            (i) take into account input from host 
                        communities and stakeholder groups regarding 
                        the impacts of eligible projects on host 
                        communities; and
                            (ii) include a small-population community 
                        minimum as part of the formula.
            (6) Payments in lieu of taxes.--Any amount received by a 
        host community from a payment made under this section shall be 
        in addition to any payment in lieu of taxes received by the 
        host community under chapter 69 of title 31, United States 
        Code.
    (e) Eligible Use of Funds.--
            (1) Community support.--A host community may use up to 80 
        percent of the amounts received by that host community from a 
        payment under this section to develop, deliver, or support--
                    (A) services, projects, or programs that--
                            (i) improve existing infrastructure or 
                        implement essential public services, including 
                        services, projects, or programs relating to--
                                    (I) public schools;
                                    (II) public libraries;
                                    (III) public hospitals;
                                    (IV) roads, bridges, or public 
                                transportation;
                                    (V) community centers or parks;
                                    (VI) firefighting or search and 
                                rescue services; or
                                    (VII) law enforcement;
                            (ii) provide or expand access to--
                                    (I) broadband telecommunications 
                                services at local community anchor 
                                institutions (as defined in section 
                                60302 of the Digital Equity Act of 2021 
                                (47 U.S.C. 1721));
                                    (II) technology or connectivity 
                                needed for students to use a digital 
                                learning tool at or outside of a local 
                                school campus; or
                                    (III) farmers markets or other 
                                agricultural support;
                            (iii) support local agricultural processing 
                        or distribution infrastructure;
                            (iv) support workforce training programs 
                        for technical training, skill mastery, or 
                        business opportunities across the spectrum of 
                        careers in renewable energy, with emphasis on 
                        historically underrepresented communities in 
                        the renewable energy workforce; or
                            (v) address public health by increasing 
                        outdoor recreation opportunities, including 
                        construction of new parks, for people of all 
                        backgrounds and abilities; or
                    (B) other, similar services, projects, or programs.
            (2) Conservation, stewardship, and recreation.--A host 
        community shall use at least 20 percent of the amounts received 
        by that host community from a payment under this section for 
        conservation, stewardship, or recreation purposes, including--
                    (A) restoring or protecting--
                            (i) fish or wildlife habitat;
                            (ii) fish or wildlife corridors; or
                            (iii) wetlands, streams, rivers, or other 
                        natural water bodies in areas affected by 
                        transmission development;
                    (B) preserving or improving recreational access to 
                public land or water through an easement, right-of-way, 
                or other instrument from willing landowners for the 
                purpose of enhancing public access to existing Federal 
                land or water that is inaccessible or restricted;
                    (C) developing new or renovating existing outdoor 
                recreation facilities that provide outdoor recreation 
                opportunities to the public;
                    (D) creating or significantly enhancing access to 
                park or recreational opportunities in a neighborhood or 
                community;
                    (E) engaging or empowering underserved communities 
                or youth;
                    (F) facilitating public-private partnerships to 
                enhance public outdoor recreational access, 
                infrastructure improvements, or conservation efforts;
                    (G) for natural climate solutions, including 
                programs that--
                            (i) accommodate biochar or other nature-
                        based opportunities for carbon sequestration;
                            (ii) support wildfire resilience to ensure 
                        healthy and resilient forests or grasslands;
                            (iii) promote the planting, growing, or 
                        restoring of trees or forests;
                            (iv) support resilience against natural 
                        disasters to ensure healthy and resilient 
                        communities;
                            (v) empower farmers in the United States to 
                        incorporate conservation or climate co-benefits 
                        in their agricultural practices; or
                            (vi) support or implement traditional 
                        ecological knowledge; or
                    (H) other, similar services, projects, or programs.
    (f) Reports.--
            (1) Coverage.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report detailing the loan programs within the 
        Department of Energy that fund electric power transmission 
        lines and related infrastructure that are capable of 
        transmitting 999 megawatts or more.
            (2) Annual report.--
                    (A) In general.--Not later than 60 days after the 
                end of each fiscal year, the Secretary shall submit to 
                the Committee on Energy and Natural Resources of the 
                Senate and the Committee on Energy and Commerce of the 
                House of Representatives a report on the operation of 
                the Fund during that fiscal year.
                    (B) Report requirements.--Each report submitted 
                under subparagraph (A) shall include--
                            (i) a statement of--
                                    (I) the amounts deposited in the 
                                Fund during the applicable fiscal year; 
                                and
                                    (II) the balance remaining in the 
                                Fund at the end of that fiscal year; 
                                and
                            (ii) a list of--
                                    (I) host communities that received 
                                amounts made available from the Fund 
                                during that fiscal year;
                                    (II) the associated eligible 
                                projects carried out in those host 
                                communities; and
                                    (III) the amount that each of those 
                                host communities received.
    (g) Savings Provision.--Nothing in this section, including the 
receipt of amounts made available from the Fund--
            (1) precludes a host community from entering into a 
        community benefit agreement with an owner of transmission 
        infrastructure; or
            (2) otherwise affects the authority of a host community or 
        an owner of transmission infrastructure with respect to any 
        community benefit agreement.
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