Sec. 101. Closure of electric generating stations
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/bill/116/hr/4318/ih/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever the Secretary or the operator of an electric generating station owned in part by the Department announces that an electric generating station owned in part by the Department is a candidate for closure or that a final decision has been made to close an electric generating station owned in part by the Department and the Secretary determines, because of the location, facilities, or other particular characteristics of the electric generating station that it may be suitable for some specific Federal, State, Tribal, or local use potentially beneficial to the Nation, the Secretary may conduct such studies, including the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and consultations with Indian Tribes as required by the Department, in connection with the electric generating station and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of the property.
The Secretary may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department in order to assist State, Tribal, and local governments in planning community adjustments and economic diversification required by— the proposed or actual establishment, realignment, or closure of an electric generating station owned in part or whole by the Department; and a publicly announced planned major reduction in Department spending that would directly and adversely affect a community, if the Secretary determines that an action described in subparagraph
(A)or this subparagraph is likely to have a direct and significantly adverse consequence on the affected community. In the case of a publicly announced planned reduction in the Department spending, the closure or realignment of an electric generating station, assistance may be made under paragraph
(1)only if the reduction, closure or realignment, cancellation or termination, or failure will have a direct and significant adverse impact on a community or its residents. In the case of a State or local government eligible for assistance under paragraph (1), the Secretary may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the State, Tribal, county, or local government to carry out a community adjustment and economic diversification program (including State industrial extension or modernization efforts to facilitate the economic diversification of displaced workers) in addition to planning such a program. The Secretary shall establish criteria for the selection of community adjustment and economic diversification programs to receive assistance under subparagraph (A). Such criteria shall include a requirement that the State, Tribal, county, or local government agree— to provide not less than 10 percent of the funding for the program from non-Federal sources; to provide business planning and market exploration services under the program to displaced workers that seek modernization or diversification assistance; and to provide training, counseling, and placement services for dislocated workers. The Secretary shall carry out this paragraph in coordination with the Secretary of Commerce. The Secretary may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State, Tribal, county government or local government in planning community adjustments and economic diversification even though the State, Tribal, county government or local government is not currently eligible for assistance under paragraph
(1)if the Secretary determines that a substantial portion of the economic activity or population of the geographic area to be subject to the advance planning is dependent on expenditures of the Department. The Secretary may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State, Tribal, county, or local government in enhancing its capacities— to assist communities, businesses, and workers adversely affected by an action described in paragraph (1); to support local adjustment and diversification initiatives; and to stimulate cooperation between statewide and local adjustment and diversification efforts. The Secretary may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State, Tribal, county, or local government in enhancing the capabilities of the government to support efforts of the Department to privatize, contract for, or diversify the performance of family support services of the Department in cases in which the capability of the Department to provide such services is adversely affected by an action described in paragraph (1). Funds provided to State, County, Tribal, and local governments and regional organizations under this section may be used as part or all of any required non-Federal contribution to a Federal grant-in-aid program for the purposes stated in paragraph (1). To the extent practicable, the Secretary shall inform a State, Tribal, county, or local government applying for assistance under this subsection of the approval or rejection by the Secretary of the application for such assistance as follows: Before the end of the 7-day period beginning on the date on which the Secretary receives the application, in the case of an application for a planning grant. Before the end of the 30-day period beginning on such date, in the case of an application for assistance to carry out a community adjustments and economic diversifications program. If an application under this paragraph is rejected by the Secretary, the Secretary shall promptly inform the State, county, Tribal or local government of the reasons for the rejection of the application. The Secretary may make grants to, or conclude cooperative agreements or enter into contracts with, another Federal agency, a State, Tribal, county, or local government, or any private entity to conduct research and provide technical assistance in support of activities under this section. The Secretary may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department to assist State, Tribal, county, and local governments to address deficiencies in community infrastructure supportive of economic development if the Secretary determines that such assistance will enhance the economy of the area affected by the closure of an electric generating station owned in part or whole by the Department. The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under paragraph (1). The criteria shall include a requirement that the State, Tribal, county, or local government agree to contribute not less than 30 percent of the funding for the community infrastructure project, unless the community infrastructure project is located in a rural area, in which case the Secretary may waive the requirement for a State, Tribal, or local government contribution. Amounts appropriated or otherwise made available for assistance under paragraph
(1)shall remain available until expended. The authority under this subsection shall expire 10 years after the date of the enactment of this Act. In this section: The terms community adjustment and economic diversification include the development of feasibility studies and business plans for market diversification within a community that is located or residing, as the case may be, not more than 100 miles from an electric generating facility, owned in part by the Department or which the Department has rights to, or a coal mine associated with such a facility, one or both of which has closed adversely affected by an action described in subsection (b)(1) by adversely affected businesses and labor organizations located in the community. The term community infrastructure means any transportation project; school, hospital, police, fire, emergency response, or other community support facility; or water, waste-water, telecommunications, electric, gas, or other utility infrastructure project that has a significant nexus to the closed electric generating station and owned by a State, Tribal, county, or local government. The term rural area means a city, town, or unincorporated area that has a population of not more than 150,000 inhabitants.
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Sec. 101
Closure of electric generating stations
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