Sec. 4. Just energy transition fund
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There is authorized to be appropriated for fiscal year 2023, $10,000,000,000 for a Just Energy Transition Fund, to be administered by the Administrator in consultation with the Secretary and the Advisory Council, to remain available until expended, to award funds to States, territories, and Tribal governments for projects described in subsection (b). To be eligible for a grant under this section, a State, territory, Tribal government, local government, community-based organization, nongovernmental organization, or private sector organization may submit an application, in such form and manner as the Administrator may require, for— a project that— addresses energy needs resulting from the denial of renewal, or anticipated denial of renewal, of a permit for a fossil fuel-fired power plant pursuant to section 165(f) or section 502(j) of the Clean Air Act; apportions sufficient project funds, as determined by the Advisory Council, to income support, health insurance, pension fund protection, job training, and job placement for workers displaced or expected to be displaced due to the denial of renewal, or anticipated denial of renewal, of a permit for a major source or a fossil fuel-fired power plant pursuant to section 165(f) or section 502(j) of the Clean Air Act; is supported by residents of impacted environmental justice communities and other impacted communities, as discerned through active and inclusive solicitation and documentation of feedback and input from such residents through a process established by the Advisory Council; does not rely on fuels or technologies that create environmental harm, including greenhouse gas emissions and air pollution, or contribute to health burdens on environmental justice communities and impacted communities; and results in a quantifiable improvement to the health and well-being of residents of impacted environmental justice communities and other impacted communities as measured by the Advisory Council; or a program supported by residents of impacted environmental justice communities and other impacted communities, as discerned through active and inclusive solicitation and documentation of feedback and input from such residents through a process established by the Advisory Council, that results in a quantifiable improvement to the health and well-being of residents of environmental justice communities and other impacted communities, as measured by the Advisory Committee, including one that— apportions funds to individuals who face burdensome energy costs, including from supply charges, delivery charges, capacity payments, and other costs that may or may not be itemized in utility bills, or to individuals who are expected to face burdensome costs due to the denial of renewal, or anticipated denial of renewal, of a permit for a fossil fuel-fired power plant pursuant to section 165(f) or section 502(j) of the Clean Air Act, to reduce the cost of— utility bills for ratepayers; or the cost of rent for tenants in instances in which utilities are included in the tenant’s rent; or supports intervenor compensation opportunities to lower energy costs and reduce pollution faced by residents of impacted environmental justice communities and other impacted communities.
Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the Secretary and the Advisory Committee, shall establish a process of applying for funds allocated under subsection (a). A recipient of funds under this section may award such funds to community groups and other entities as subgrants or contracts in furtherance of a project described in subsection (b). The President shall establish an advisory council, to be known as the Just Energy Transition Fund Advisory Council .
The Advisory Council shall be composed of 26 members who have knowledge of, or experience relating to, the creation of, and transition of workers to, good-paying jobs to combat climate change and pollution, as well as the effect of environmental conditions on environmental justice communities, including— representatives of— community-based organizations that carry out initiatives relating to environmental justice and the just transition to a clean energy economy, including grassroots organizations led by people of color; labor unions;
State governments, Tribal governments, and local governments; Indian Tribes and other Indigenous groups; nongovernmental and environmental organizations; and private sector organizations (including representatives of industries and businesses); and experts in the field of— socioeconomic analysis; health and environmental effects; exposure evaluation; environmental law and civil rights law; environmental health science research; or energy systems. The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in paragraph (4).
Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under subparagraph
(A)shall submit to the Advisory Council a report that contains— a description of each recommendation of the subcommittee or workgroup; and any advice requested by the Advisory Council with respect to any duty of the Advisory Council. The Advisory Council shall provide independent advice and recommendations to the Administrator and the Secretary with respect to— awarding grants through the Just Energy Transition Fund to maximize progress toward a transition to a clean energy economy while maximizing benefits for environmental justice communities, including by prioritizing applications that will direct funds to support entities that have urgently and expeditiously pursued priorities that are aligned with the projects and programs described in subsection (b)(1) and (2); and measuring and evaluating the success of grants and subgrants awarded through the Just Energy Transition Fund. Subject to clause (ii), the Advisory Council shall meet biannually. The Administrator may require the Advisory Council to conduct additional meetings if the Administrator determines that the conduct of any additional meetings is necessary. Subject to clause (ii), each meeting of the Advisory Council shall be open to the public to provide the public an opportunity— to submit comments to the Advisory Council; and to appear before the Advisory Council. The Administrator may close any meeting, or portion of any meeting, of the Advisory Council to the public. The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Council. The Administrator may provide to any member of the Advisory Council travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Council. In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term Advisory Council means the Just Energy Transition Fund Advisory Council established under subsection
(e)of this section. The term Secretary means the Secretary of Labor. The term State means each of the 50 States and the District of Columbia. The term territory means the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Commonwealth of Puerto Rico. The term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).
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Sec. 4
Just energy transition fund
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