Sec. 3. Great Lakes Authority

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Subtitle VI of title 40, United States Code, is amended by adding at the end the following: Subchapter I—General Provisions Sec. 18501. Purpose. 18502. Definitions. Subchapter II—Organization and Administration 18510. Establishment; members. 18511. Meetings; decisions. 18512. Functions. 18513. Administrative powers and expenses. 18514. Information. 18515. Regional development plan. Subchapter III—Financial Assistance 18520. Authority to provide financial assistance. 18521. Revolving loan fund.

Subchapter IV—National Energy Recycling and Conservation Laboratory 18530. National Energy Recycling and Conservation Laboratory. Subchapter V—Authorization of Appropriations 18540. Authorization of appropriations. The purpose of this chapter shall be to establish the Great Lakes Authority to— promote economic development and job creation and to create world-class workforce education, training, and adjustment institutions to spur economic growth, especially in communities that have been disproportionately affected by the outsourcing of jobs; restore and to protect the principal source of surface fresh water in North America; foster innovation to strengthen and expand the core United States manufacturing and industrial base and promote cleaner and more sustainable power production; establish and administer funding mechanisms to finance clean energy, green infrastructure, water infrastructure, wastewater infrastructure, and broadband infrastructure projects in the Great Lakes region; create a regional development plan; promote affordable access to energy and broadband services in the Great Lakes region; and provide technical assistance to entities receiving financial assistance from the Great Lakes Authority.

In this chapter: The term apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). The term bond means any bond issued in accordance with this chapter if— the proceeds from the sale of the bond are to be used for expenditures incurred after the date of issuance with respect to any eligible project, subject to such rules as the Great Lakes Authority may provide; the bond is issued in registered form; the bond has such terms and carries interest in such an amount as determined by the Authority; and payments of interest and principal with respect to the bond is the obligation of the Authority and is backed by the full faith and credit of the United States.

The term broadband infrastructure project means any project for the planning, design, construction, maintenance, or enhancement of any cables, fiber optics, wiring, wireless facility (including any pole, tower, base station, or other structure, whether or not such structure has an existing antenna facility, that is used or to be used for the provision of wireless service), or other permanent infrastructure integral to the provision of advanced telecommunications capability (as such term is defined in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) ) and as specified by the Federal Communications Commission as part of the annual inquiry conducted under section 706(b) of such Act ( 47 U.S.C. 1302(b) )).

For purposes of subparagraph (A), the term annual inquiry means the most recent inquiry that concluded before the date on which an eligible entity submits an application for assistance under this chapter for a broadband infrastructure project. The term clean energy infrastructure project means a project that demonstrates 1 or more of the following technologies: Solar. Wind. Geothermal. Direct air capture. Diverse clean hydrogen sources. Clean, low-carbon fuels. Hydropower. Wave energy technologies.

Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. Thermal energy capture systems or other regional energy infrastructure systems. Energy storage, including pumped storage hydropower and compressed air storage. Advanced nuclear technologies. Biomass. Any technology that supports a technology described in subparagraphs

(A)through (M), including micro-grid, electric grid infrastructure, or other regional infrastructure systems. Any other technology that is similar to, or a successor to, the technologies described in subparagraphs

(A)through (N), as determined by the Authority. The term eligible entity means— a State or a political subdivision thereof; a public agency or publicly chartered authority established by 1 or more States; a special purpose district with a transportation, energy, environmental, or economic development function; an Indian Tribe (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ), without regard to capitalization), or a consortium of Indian Tribes; a multistate or multijurisdictional group of entities described in subparagraphs

(A)through (D); an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); a nonprofit entity; and an entity described in subparagraphs

(A)through

(G)jointly with a private entity or group of private entities. The term eligible project means— a project carried out in the Great Lakes region that is a— wastewater infrastructure project; clean energy infrastructure project; port infrastructure project; broadband infrastructure project; green infrastructure project; lead abatement project; water infrastructure project; or weatherization project; and any of the following activities carried out in the Great Lakes region: The acquisition or development of land and improvements of such land for use for public works, public service, or development facilities. The acquisition, construction, rehabilitation, alteration, expansion, or improvement of development facilities, including related machinery and equipment. Preparation for events that may cause economic, social, health, or infrastructure failures or contribute to inequities in the Great Lakes region, including development of mechanisms to respond to such events. The development of, and reinvestment in, land banks in the Great Lakes region. The protection and restoration of the environmental resources of the Great Lakes region, including increasing the resilience of facilities in the Great Lakes region to protect against threats to such facilities such as harmful algal blooms, invasive species, rising water levels, pollution, and coastal erosion. The development of plans to increase the adoption of emerging technologies in rail, maritime, and surface transportation systems (including medium and heavy duty clean fueling corridors) of the Great Lakes region, including multi-modal transportation and technologies that significantly reduce greenhouse gas emissions. Promotion of workforce education and training programs in the Great Lakes region that can support a project described in subparagraph (A), including programs that— promote access to— apprenticeship programs across skilled trades leading to publicly certified integrated certificates; and community college credit, associate, bachelor, and advanced degrees; support a major, seamless, nationally relevant workforce training program for vehicle conversion, repair, and innovation for mechanics and engineers; and are funded by State boards and local boards. The terms Great Lakes Authority and Authority mean the Great Lakes Authority established under this chapter. The term Great Lakes region means areas in the watershed of the Great Lakes and the Great Lakes System (as such terms are defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) )), in each of the following States: Illinois. Indiana. Michigan. Minnesota. New York. Ohio. Pennsylvania. Wisconsin. The term green infrastructure project means any project for the planning, design, construction, maintenance, or enhancement of green infrastructure (as such term is defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 )), including through the use of any technology that the Authority determines to be consistent with the purposes of this chapter. The term land bank means a government entity, agency, or program, or a special purpose nonprofit entity formed by 1 or more units of government in accordance with a State or local land bank enabling law, that has been designated by 1 or more State or local governments to acquire, steward, dispose of, or repurpose vacant, abandoned, or other problem properties in accordance with locally determined priorities and goals. The term loan guarantee has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). The terms local board and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term local development district means any of the following entities for which the Governor of the State in which the entity is located, or the appropriate State officer, certifies to the Authority that the entity has a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the Great Lakes region: A nonprofit incorporated body organized or chartered under the law of the State in which such nonprofit incorporated body is located. A nonprofit agency or instrumentality of a State or local government. A nonprofit agency or instrumentality created through an interstate compact. A nonprofit association or combination of entities described in this paragraph. The term port infrastructure project means construction, reconstruction, environmental rehabilitation of a port facility, or the acquisition of land, property, or equipment— that is— within the boundary of a port; outside the boundary of a port, but directly related to port operations; or an intermodal connection to a port; and will be used to improve the safety, efficiency or reliability of the loading or unloading of goods or passengers at a port. The term resilience means, with respect to a facility, the ability to— anticipate, prepare for, or adapt to conditions; withstand, respond to, or recover rapidly from disruptions; resist hazards or withstand impacts from disruptions; reduce the magnitude, duration, or impact of a disruption; or have the absorptive capacity, adaptive capacity, and recoverability to decrease vulnerability to a disruption. The term severely and persistently distressed area means an area— with a high proportion of residential and commercial properties that are vacant due to foreclosure, eviction, abandonment, or other causes; with racial disparities in homeownership rates; with population loss; where economic inequities have grown substantially due to job dislocation and outsourcing; and in the case of a census tract located within a metropolitan area, where the median family income for such census tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income. The term water infrastructure project means a project or activity described in section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) ). The term wastewater infrastructure project means a project for the planning, design, construction, maintenance, or enhancement of a treatment works (as such term is defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ) to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater. The term weatherization project means a project that, through the use of weatherization materials (as such term is defined in section 412 of the Energy Conservation and Production Act ( 42 U.S.C. 6862 )), weatherizes dwelling units that are energy inefficient. There is established the Great Lakes Authority to carry out the purposes of this chapter. The Great Lakes Authority shall be composed of 9 individuals as follows: 1 Chairperson, to be appointed by the President, with the advice and consent of the Senate. 1 member from each State in the Great Lakes region, to be appointed by the Governor of each such State. To be eligible to be appointed as the Chairperson or a member of the Great Lakes Authority, an individual shall meet the following qualifications: The individual shall be a citizen of the United States and, in the case of a member appointed under paragraph (1)(B), a legal resident of the State for which such member is appointed to represent. The individual shall have management expertise relative to a large for profit or nonprofit corporate, government, or academic institution in the field of study or industries related to— clean energy; green infrastructure; water infrastructure; wastewater infrastructure; or broadband infrastructure. The individual may not be an employee of the Great Lakes Authority. The individual shall affirm that such individual does not have any financial interest in the industries described in subparagraph (B). The individual may not be employed by, hold any official relation to, or be financially interested in any company or other entity engaged in the manufacture, business, control, or sale of technologies related to the industries described in subparagraph (B). The individual shall affirm support for the purposes of the Great Lakes Authority, including being a national leader in the industries described in subparagraph (B). Including the Chairperson, there may not be more than 5 members from the same political party. Not later than 60 days after the date of enactment of this chapter, the President shall appoint the Chairperson. The Chairperson shall be responsible for the executive and administrative operation of the Great Lakes Authority, including chairing meetings and functions of the Great Lakes Authority, with respect to the supervision of personnel employed by, or assigned to, the Authority. The members of the Authority shall select a Vice Chairperson from the State members described in subsection (b)(1)(B) by a majority vote. The Vice Chairperson shall serve as acting Chairperson when the position of the Chairperson is vacant. The Vice Chairperson selected under paragraph

(1)may not be a resident of the same State as the Chairperson. The Vice Chairperson selected under paragraph

(1)shall serve a term of not more than 2 years. Each member of the Great Lakes Authority shall be appointed for a term of 5 years, except as provided in paragraph (2), and such term shall begin upon appointment of such member. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such member’s term until a successor has taken office, and if the Chairperson has taken the oath of office, may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the successor. No vacancy shall impair the right of the remaining members to exercise all the powers of the Great Lakes Authority. Members of the Authority may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. The Authority shall begin operations upon the appointment of the Chairperson and at least 2 State members described in subsection (b)(1)(B). The Chairperson shall appoint an Executive Director of the Great Lakes Authority, who shall meet the qualifications described in subsection (b)(2). The Executive Director shall be responsible for— carrying out the administrative duties of the Great Lakes Authority; directing the staff of the Authority; and any other duties as the members of the Authority may assign. The Executive Director shall serve at the pleasure of the Chairperson. The Chairperson and each State member of the Great Lakes Authority may select and supervise personnel as personal staff for such Chairperson or member. The Great Lakes Authority may appoint and fix the compensation of the Executive Director and other personnel as necessary to enable the Authority to carry out its functions, except that the compensation shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of title 5. The Great Lakes Authority— shall establish a permanent office and headquarters located in close proximity to the center of the Great Lakes region, near the mouth of the largest watershed of any of the rivers feeding the Great Lakes System; may maintain an office in the District of Columbia; and may establish field offices at other locations throughout the Great Lakes region, as the Authority determines appropriate. The Authority shall conduct an initial meeting not later than 30 days after the Authority begins operations under section 18510(g). The Authority shall conduct at least 1 meeting every 6 months, and may conduct meetings by electronic means as the Authority considers advisable, including meetings to decide matters requiring an affirmative vote. Policy decisions by the Great Lakes Authority require the affirmative, majority vote of the members of the Authority. The Great Lakes Authority, to the extent practicable, may consult with the Federal and State agencies having an interest in a particular matter, including transportation planning entities in the Great Lakes region. Except as provided in paragraph (2), a quorum of at least 5 members of the Authority shall be required to be present for the Authority to make, modify, or revise any policy decision. The quorum requirement under paragraph

(1)shall not apply until at least 5 members of the Authority have been appointed. In this section, the term policy decision means a decision regarding— the approval of an annual budget for the Authority; the approval of the regional development plan established under section 18515; any conflict of interest policy that is applicable to members of the Board and employees of the Authority and is submitted to Congress; the approval of compensation for personnel of the Authority; and the creation of committees of members of the Authority. In carrying out the purposes of this chapter, the Great Lakes Authority shall— develop, on a continuing basis, comprehensive and coordinated economic and workforce development programs through State boards and local boards and establish priorities under such programs, giving consideration to other Federal, State, Tribal, and local planning in the Great Lakes region; review and study, in cooperation with the appropriate agencies and economic and workforce development programs, including State boards and local boards, in the Great Lakes region and, when appropriate, recommend modifications or additions to such programs to increase the effectiveness of such programs in the Great Lakes region; seek to coordinate the economic development activities of, and the use of economic development resources by, Federal agencies in the Great Lakes region, including— the Department of Energy; the Department of the Interior; the Department of Transportation; the Department of Commerce; the Environmental Protection Agency; the National Oceanic and Atmospheric Administration; the National Aeronautics and Space Administration; the Corps of Engineers; the Coast Guard; the Department of Health and Human Services; the Federal Communications Commission; the Department of Agriculture; the Department of Education; the Department of Labor; and any other Federal agency the Authority determines appropriate; promote coordination with the Government of Canada, including its provinces and local governmental entities located near the Great Lakes region; formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation to work with State and local agencies in developing appropriate model legislation; support Tribal and local governments in the Great Lakes region that have incurred significant municipal debt; encourage the formation and support of local development districts; conduct and sponsor investigations, research, and studies, including an inventory and analysis of the economic resources of the Great Lakes region, and, in cooperation with Federal, State, Tribal, and local agencies, sponsor demonstration projects designed to foster regional productivity and growth; encourage private investment in industrial, commercial, and recreational projects in the Great Lakes region; encourage the use of eco-industrial development technologies and approaches; support broadband access and adoption in the Great Lakes region; serve as a focal point and coordinating unit for programs and regional planning organizations in the Great Lakes region; and provide a forum for consideration of economic and environmental problems of the Great Lakes region and proposed solutions to such problems, including promoting conservation and establishing and using, as appropriate, special advisory councils and public conferences. In carrying out its functions under this section, the Great Lakes Authority shall identify the characteristics of, and may distinguish between the economic needs and goals of, appropriate subregional areas in the Great Lakes region, including the respective watersheds of each of the Great Lakes. The Great Lakes Authority may make recommendations to the President, Governors, and appropriate Tribal and local officials of States in the Great Lakes region with respect to— the expenditure of amounts by Federal, State, and local agencies in the Great Lakes region in the fields of natural resources, agriculture, education, technology, advanced manufacturing, training, health and welfare, and other fields related to the purposes of this chapter; and additional Federal, State, and local legislation or administrative actions as the Great Lakes Authority considers necessary to further the purposes of this chapter. To carry out its duties under this subtitle, the Authority may— adopt, amend, and repeal bylaws and regulations governing the conduct of its business and the performance of its functions; request the head of any Federal agency to detail to temporary duty with the Great Lakes Authority personnel within the administrative jurisdiction of the head of the agency that the Authority may need for carrying out its functions, each detail to be without loss of seniority, pay, or other employee status; arrange for the services of personnel from any State or local government, subdivision or agency of a State or local government, or intergovernmental agency; make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of Great Lakes Authority personnel who may not be eligible for, or continue in, another governmental retirement or employee benefit system; or otherwise provide for coverage of such personnel; accept, use, and dispose of gifts or donations of services or any property; enter into and perform contracts, leases (including the lease of office space for any term), cooperative agreements, or other transactions, necessary in carrying out its functions, on terms as it may consider appropriate, with any person, department, agency, or instrumentality of the Federal Government, or State or political subdivision, agency, or instrumentality of such State; provide technical assistance to entities receiving financing from the Great Lakes Authority; serve as a liaison between Congress, the executive branch, and State and local governments, and to represent the interests of the Great Lakes Authority; and take other actions and incur other expenses as may be necessary or appropriate. The expenses of the Chairperson and the staff of the Chairperson of the Authority shall be paid solely by the Federal Government. Except as provided under paragraph (1), 50 percent of the administrative expenses of the Great Lakes Authority shall be paid by the States participating in the Great Lakes Authority. The share of administrative expenses of the Great Lakes Authority to be paid by the States shall be divided equally among the States participating in the Great Lakes Authority. In the case of a State that is delinquent in paying the share of administrative expenses for such State under this paragraph— no assistance under this chapter may be provided to the government of such State; and the member representing such State may not participate in the Great Lakes Authority or vote in any proposed action to be taken by the Authority. An eligible entity located in, or carrying out an eligible project in, a State described in clause (ii), that is not the government of such State, or a political subdivision thereof, may receive financial assistance from the Great Lakes Authority. To obtain information needed to carry out its duties, the Great Lakes Authority shall— hold hearings, sit and act at times and places, take testimony, receive evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports on the proceedings as the Authority may deem advisable; arrange for the head of any Federal, State, or local agency to furnish to the Great Lakes Authority information as may be available to, or procurable by, such agency; and keep accurate and complete records of its doings and transactions which shall be made available for public inspection and audit and examination by the Comptroller General of the United States. The Chairperson of the Authority may administer oaths when the Authority decides that testimony shall be taken or evidence received under oath. The head of any Federal, State, or local agency, to the extent not otherwise prohibited by law, may carry out subsection (a)(2). The Great Lakes Authority shall provide for public participation in the development, revision, and implementation of all plans and programs under this chapter. The Great Lakes Authority shall develop and publish regulations specifying minimum guidelines for public participation, including regular public hearings held throughout the Great Lakes region, which shall include Tribal communities. In establishing any plans or programs under this chapter, the Great Lakes Authority shall identify how public comments were considered in the development and implementation of such plans or programs. Not later than 180 days after the date on which the Great Lakes Authority begins operations under section 18510(g), the Authority shall develop a regional development plan (in this section referred to as the plan ) that— identifies priorities, major development objectives, and strategic guidelines for eligible projects in the Great Lakes region; establishes budgetary guidelines for the full life funding of such projects, including the planning, construction, repair, rehabilitation, and replacement of such projects; and identifies responsibilities between the Great Lakes Authority, the Federal Government, and State and local governments for the development of infrastructure in the Great Lakes region. Upon developing the plan under subsection (a), the Authority shall submit the plan to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Environment and Public Works of the Senate. Not later than 2 years after the date on which the plan is submitted under paragraph (1), and every 2 years thereafter, the Authority shall review, update, and submit such plan to the committees described in paragraph (1). In developing and updating the plan under this section, the Authority shall— consult with— the Assistant Secretary of Commerce for Economic Development; the Chief of Engineers; the Secretaries of Transportation and the Interior; the Governors of each of the States in the Great Lakes region; regional planning organizations; and any other stakeholders that the Authority considers appropriate, including Tribes; and consider the Great Lakes coastal resiliency study carried out by the Secretary of the Army under section 729 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2267a ), as required by section 1219 of the America’s Water Infrastructure Act of 2018 (132 Stat. 3811). In carrying out the purposes of this chapter, the Great Lakes Authority may— make loans on such terms as the Authority may determine to be appropriate to assist eligible entities in the financing, development, or operation of an eligible project; make loan guarantees on such terms as the Authority may determine to be appropriate to assist eligible entities in the financing or refinancing of an eligible project; issue bonds and provide financing to eligible entities to carry out eligible projects from amounts made available from the issuance of such bonds; make grants, cooperative agreements, and contracts with eligible entities to carry out eligible projects; and provide technical assistance to entities receiving financing from the Great Lakes Authority. There is established a Great Lakes Fund (in this section referred to as the Fund ). Amounts made available to the Great Lakes Authority to carry out this section shall be deposited in the Fund. The Great Lakes Authority shall use the Fund as a revolving fund to make grants and loans from the Fund, under terms and conditions the Great Lakes Authority may prescribe, to eligible entities to carry out eligible projects. Amounts in the Fund not needed for operation of the revolving fund established under this section may be invested in bonds or other obligations the Federal Government guarantees as to principal and interest. General expenses of administration of this section may be charged to the Fund. In awarding funds under this section, the Great Lakes Authority shall consider the following with respect to a project proposed to be carried out with such funds: The relationship of the project to overall regional development and poverty alleviation, including consideration of whether a project will be carried out in a severely and persistently distressed area. The population and area to be served by the project, including the per capita market income and the unemployment rates in such area. The relative financial resources available to an eligible entity that seeks to undertake the project. The relevance of the project in relation to other projects proposed to be carried out with a grant under this section. The amount of potential revenue the project may generate. The potential for the project to improve, on a continuing basis, opportunities for employment, including opportunities for individuals in populations with the highest unemployment rates, the average level of income, or the economic and social development of the area served by the project, including areas where the median income has decreased due to significant job losses. The extent to which the project design provides for detailed outcome measurements by which the project may be evaluated. Whether the project is identified as a priority in the regional development plan under section 18515. Whether the project is also funded by a regional commission established under this title or a Federal agency and the possibility of partnering and sharing costs with such commission or agency to carry out the project. There is established a National Energy Recycling and Conservation Laboratory (in this section referred to as the Laboratory ) to perform— advanced research projects related to energy recycling technologies, including hydrogen, thermal heat extraction, biomass and waste conversion, geothermal, water recycling, and methane capture; and any research, development, and related functions as the Great Lakes Authority may determine to be necessary or appropriate to carry out the purposes of the Great Lakes Authority. In carrying out the research, development, or other related functions under this section, the Laboratory may coordinate with the Department of Energy or enter into partnerships with any nuclear power plant in the United States. The Great Lakes Authority shall select a location for the Laboratory that is— in close proximity to the center of the Great Lakes region, near the mouth of the largest watershed of any of the rivers feeding the Great Lakes region; in close proximity to a nuclear power plant; in an area with heavy industry and manufacturing; in an area with a high proportion of residential and commercial properties that are vacant due to foreclosure, eviction, abandonment, or other causes; in an area with racial disparities in homeownership rates; in an area with population loss; in an area where economic inequities have grown substantially due to job dislocation and outsourcing; and in the case of a census tract located within a metropolitan area, where the median family income for such census tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income. There is authorized to be appropriated to carry out this chapter— $30,000,000 for fiscal year 2023; and $50,000,000 for each fiscal year thereafter. . The table of chapters for subtitle VI of title 40, United States Code, is amended by adding at the end the following new item: 185. Great Lakes Authority 18501 .

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