,,ii #aagth ,,congress #ast ,session ,s4 #aejf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bi1 #bjba,mr4 ,markey 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,assistant ,secretary of ,commerce for ,communications and ,information to carry out a grant and revolving loan program to provide funding for projects to increase the resiliency and energy efficiency of communications networks1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,generating ,resilient and ,energy ,efficient ,network ,communications ,act or the ,,green ,communications ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,communications infrastructure ,the term communications infrastructure means any equipment1 tower1 support structure1 facility1 product1 or technology that is essential to the operation of a communications network4 7#d7 ,communications network ,the term communications network means-- 7,a7 a broadband network2 7,b7 a cellular network2 7,c7 a telephone network2 7,d7 a cable system2 7,e7 a network that is primarily used for public safety or first responder communications2 or 7,f7 a network that provides any other communications or telecommunications service4 7#e7 ,communications network outage ,the term communications network outage means an outage with respect to a communications network that results in the disruption of services provided by the communications network4 7#f7 ,covered efficiency project ,the term covered efficiency project means1 with respect to action taken by an eligible entity-- 7,a7 the purchase or upgrading of equipment or technology1 including an electrical or thermal monitoring system1 that is demonstrated to increase the energy efficiency of communications infrastructure2 7,b7 the installation or upgrading of permanent solar panels1 wind turbines1 combined heat and power technology1 or other renewable energy generators that are used in communications infrastructure1 or at a data center1 provided1 operated1 or owned by the eligible entity2 7,c7 entering into a partnership with an energy utility company to purchase land for renewable energy infrastructure1 or to construct renewable energy infrastructure1 that will be used to power a data center1 an internet exchange point1 or communications infrastructure provided1 operated1 or owned by the eligible entity2 7,d7 the reduction of water consumption for cooling a data center1 or operating other communications infrastructure1 provided1 operated1 or owned by the eligible entity1 in an area that is likely to experience drought2 7,e7 the study of ways to make a communications network provided1 operated1 or owned by the eligible entity1 or communications infrastructure provided1 operated1 or owned by the eligible entity1 more energy and resource efficient2 7,f7 the study1 including through pilot projects1 of green technologies to make a communications network provided1 operated1 or owned by the eligible entity more energy and resource efficient2 or 7,g7 any other type of project carried out by the eligible entity that the ,assistant ,secretary determines will promote the adoption of energy efficient1 renewable energy1 and carbon-neutral technologies and practices with respect to communications networks1 or communications infrastructure1 provided1 operated1 or owned by the eligible entity4 7#g7 ,covered resiliency project ,the term covered resiliency project means1 with respect to action taken by an eligible entity-- 7,a7 the construction of communications infrastructure to be provided1 operated1 or owned by the eligible entity in a location that is not vulnerable to projected severe effects with respect to extreme weather1 natural disasters1 or climate change-related events1 including sea-level rise1 flooding1 and increased risk of wildfire2 7,b7 the relocation of communications infrastructure provided1 operated1 or owned by the eligible entity to a location that is less vulnerable to projected severe effects with respect to extreme weather1 natural disasters1 or climate change-related events1 including sea-level rise1 flooding1 and increased risk of wildfire2 7,c7 the reinforcement1 hardening1 or replacement of communications infrastructure provided1 operated1 or owned by the eligible entity in a location that is increasingly vulnerable to projected severe effects with respect to extreme weather1 natural disasters1 or climate change-related events1 including sea-level rise1 flooding1 and increased risk of wildfire2 7,d7 the construction of a fortification1 such as a sea wall or embankment1 or the development of green infrastructure solutions1 such as wetlands or drainage ponds1 to protect communications infrastructure provided1 operated1 or owned by the eligible entity from projected severe effects with respect to extreme weather1 natural disasters1 or climate change-related events1 including sea-level rise1 flooding1 and increased risk of wildfire2 7,e7 the undertaking of research with respect to communications infrastructure provided1 operated1 or owned by the eligible entity to identify vulnerabilities of that infrastructure to climate change based on the best available data1 analysis1 and projections regarding that change1 including sea-level rise projections1 #ajj-year floodplain maps1 and heat and temperature projections2 7,f7 the undertaking of research 7using the best available data1 analysis and projections regarding tectonic science and structural engineering7 with respect to communications infrastructure provided1 operated1 or owned by the eligible entity to identify vulnerabilities1 or the susceptibility1 of that communications infrastructure to damage caused by natural disasters2 7,g7 the purchase of renewable energy or low-emission backup generators1 fuel cells1 or batteries to maximize the likelihood that communications infrastructure provided1 operated1 or owned by the eligible entity can continue operating in the event of an electrical system outage1 without regard to whether the eligible entity is required to provide such backup power with respect to that communications infrastructure2 7,h7 the purchase of cooling equipment or insulation1 or the development of green infrastructure1 to protect communications infrastructure provided1 operated1 or owned by the eligible entity from extreme heat events2 7,i7 the piloting of technologies to make a communications network provided1 operated1 or owned by the eligible entity more resilient through energy efficient and low carbon emission measures2 7,j7 in order to facilitate faster detection of1 or response to1 a communications network outage with respect to a communications network provided1 operated1 or owned by the eligible entity-- 7i7 the training of employees of the eligible entity relating to such a detection or response2 7ii7 the conducting of communications network outage tests or simulations2 7iii7 the participation in communications network outage tests or simulations1 including those administered by local1 ,state1 or ,federal governmental entities2 or 7iv7 the purchase of equipment or technology relating to such a detection or response1 including communications infrastructure 7including deployable communications infrastructure7 that can expedite the restoration of communications or telecommunications services after such a communications network outage2 7,k7 the undertaking of research to develop technologies that can expedite the restoration of communications or telecommunications services after an outage with respect to communications infrastructure provided1 operated1 or owned by the eligible entity2 7,l7 the construction1 purchase1 relocation1 reinforcement1 or replacement of communications infrastructure provided1 operated1 or owned by the eligible entity in order to minimize the risk of a communications network outage caused by an affirmative power shut-off by a utility2 or 7,m7 any other type of project carried out by the eligible entity that the ,assistant ,secretary determines will increase the resiliency of a communications network or communications infrastructure provided1 operated1 or owned by the eligible entity with respect to-- 7i7 severe weather2 7ii7 natural disasters2 and 7iii7 climate change-related events1 including extreme weather events1 droughts1 coastal and inland flooding1 sea level rise1 increased storm surge1 wildfires1 mudslides1 and extreme temperatures4 7#h7 ,data center ,the term data center means a centralized location at which computing and networking equipment is concentrated for the purpose of collecting1 storing1 processing1 distributing1 or allowing access to large amounts of electronic data4 7#i7 ,eligible entity ,the term eligible entity means any private or public entity1 including a ,state1 local1 or ,tribal government1 that provides1 operates1 or owns a communications network or communications infrastructure4 7#aj7 ,natural disaster ,the term natural disaster includes a natural event that is not related to climate change1 including an earthquake1 a tornado1 a hurricane1 a volcanic eruption1 a solar flare1 a geomagnetic disturbance1 and an electromagnetic pulse4 7#aa7 ,,ntia ,the term ,,ntia means the ,national ,telecommunications and ,information ,administration4 #c4 ,financial assistance for communications network resiliency and energy efficiency 7a7 ,in general 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall establish a program in the ,,ntia 7referred to in this section as the ,program7 through which the ,assistant ,secretary1 subject to the other provisions of this section1 shall competitively award grants and revolving loans to eligible entities to carry out covered efficiency projects and covered resiliency projects4 7#b7 ,preliminary rulemaking ,before accepting applications for a grant or a revolving loan under the ,program1 the ,assistant ,secretary shall1 under section #eec of title #e1 ,united ,states ,code1 and after consultation with eligible entities and the ,secretary of ,homeland ,security1 conduct a rulemaking to develop a process for-- 7,a7 identifying proprietary and confidential information contained in such an application2 and 7,b7 handling and protecting information described in subparagraph 7,a74 7b7 ,application process 7#a7 ,in general ,subject to paragraph 7#b71 an eligible entity seeking a grant or a revolving loan under the ,program shall submit to the ,assistant ,secretary an application at such time1 in such manner1 and containing such information as the ,assistant ,secretary may require4 7#b7 ,minimum requirements ,an application submitted by an eligible entity under paragraph 7#a7 shall contain1 at a minimum1 and to the extent applicable-- 7,a7 with respect to a covered efficiency project-- 7i7 an overview of the energy sourcing of the communications infrastructure or other equipment that is the subject of the project2 and 7ii7 a description of how the grant or revolving loan sought by the eligible entity will improve the energy or resource efficiency of the communications infrastructure or other equipment that is the subject of the project2 and 7,b7 with respect to a covered resiliency project-- 7i7 a description of the current1 as of the date on which the application is submitted1 resiliency efforts of the eligible entity with respect to the communications infrastructure or communications network that is the subject of the project2 7ii7 a description of the specific vulnerability of1 or threat of disruption to1 the communications infrastructure or communications network that is the subject of the project2 7iii7 a description of how the grant or revolving loan sought by the eligible entity will improve the resiliency of the communications infrastructure or communications network that is the subject of the project2 7iv7 a statement that the project meets all applicable local1 ,state1 ,tribal1 and ,federal zoning and environmental requirements2 and 7v7 a description of how the project will integrate with local or regional strategic planning efforts1 if applicable4 7c7 ,funding prioritization ,in selecting projects for which funding will be provided under the ,program1 the ,assistant ,secretary shall give priority to-- 7#a7 covered efficiency projects that-- 7,a7 will be carried out in1 or primarily benefit1 areas in which-- 7i7 the median household income is below #aej percent of the ,federal poverty level2 or 7ii7 a majority of the residents are members of a racial or ethnic minority group2 7,b7 have the greatest demonstrated impact on energy efficiency2 or 7,c7 demonstrate the greatest overall projected reductions in greenhouse gas emissions2 and 7#b7 covered resiliency projects that-- 7,a7 will be carried out in1 or primarily benefit1 areas-- 7i7 in which the median household income is below #aej percent of the ,federal poverty level2 7ii7 in which a majority of the residents are members of a racial or ethnic minority group2 7iii7 in which rural features or sparse populations limit other investments with respect to the resiliency of communications networks2 or 7iv7 that are highly vulnerable to events relating to severe weather1 natural disasters1 or climate change-related events1 as determined by the ,assistant ,secretary after-- 7,i7 consulting with the ,administrators of the ,federal ,emergency ,management ,agency1 the ,national ,oceanic and ,atmospheric ,administration1 and the ,environmental ,protection ,agency1 using the best data available to those officials2 and 7,,ii7 obtaining input from operators of communications networks regarding the types of events that are most or least impactful to those communications networks2 or 7,b7 utilize green infrastructure or renewable energy solutions1 including by piloting new green solutions that will affirmatively increase the resiliency of communications infrastructure or communications networks provided1 operated1 or owned by the eligible entity4 7d7 ,conditions on financial assistance 7#a7 ,covered efficiency project ,an eligible entity to which funding is made available under the ,program with respect to a covered efficiency project shall1 to the extent applicable-- 7,a7 not later than #a year after the date on which the eligible entity receives the funding1 and annually thereafter until the completion of the covered efficiency project1 submit to the ,assistant ,secretary a report that describes1 for the year covered by the report1 the electrical consumption1 by source1 of the communications infrastructure or other property that is the subject of the project1 which shall identify the percentage of that consumption that comes from fossil fuels and from renewable energy sources2 and 7,b7 complete a clean energy review-- 7i7 the components of which shall be established by the ,secretary of ,energy1 in consultation with the ,administrator of the ,environmental ,protection ,agency-- 7,i7 through rulemaking under section #eec of title #e1 ,united ,states ,code2 and 7,,ii7 after developing a process1 in consultation with eligible entities1 for-- 7aa7 identifying proprietary and confidential information contained in such a review2 and 7bb7 handling and protecting information described in item 7aa72 and 7ii7 which shall include-- 7,i7 the energy consumption patterns of the eligible entity2 and 7,,ii7 the steps taken by the eligible entity1 or the steps that the eligible entity will take1 to achieve a goal of net-zero carbon emissions with respect to the communications infrastructure1 and communications networks1 provided1 operated1 or owned by the eligible entity4 7#b7 ,covered resiliency project ,an eligible entity to which funding is made available under the ,program with respect to a covered resiliency project shall1 to the extent applicable-- 7,a7 beginning not later than #fj days after the date on which the eligible entity receives the funding1 participate in the ,disaster ,information ,reporting ,system operated by the ,commission1 including by subsequently reporting1 during times of emergency1 the operational status of communications infrastructure operated by the eligible entity2 7,b7 not later than #a year after the date on which the eligible entity receives the funding1 and annually thereafter until the completion of the covered resiliency project1 submit to the ,commission a report that1 to the extent applicable1 contains1 with respect to communications infrastructure provided1 operated1 or owned by the eligible entity-- 7i7 the number1 duration1 and frequency of communications network outages experienced as a result of an outage with respect to1 or other failure of1 that infrastructure within a certain time period1 as determined by the ,commission2 7ii7 the specific cause of each communications network outage described in clause 7i72 7iii7 the number of consumers affected by each communications network outage described in clause 7i72 7iv7 the extent to which first responders were affected by each communications network outage described in clause 7i72 7v7 the total number of communications network outages annually experienced with respect to that infrastructure that are attributable to severe weather1 natural disasters1 and climate change-related events and the number of consumers affected by those outages2 7vi7 the extent of any reduction of communications network performance caused by a communications network outage with respect to that infrastructure2 7vii7 the amount of time between the start of each communications network outage with respect to that infrastructure and detection of the outage2 7viii7 the amount of time between the detection of each communications network outage with respect to that infrastructure and the initiation of any response to mitigate the effects of the outage2 7ix7 the amount of time required to fully restore services after a communications network outage with respect to that infrastructure2 and 7x7 any other information that the ,commission determines is necessary to achieve the objectives described in section #d7;a77#b72 and 7,c7 complete a communications resiliency review-- 7i7 the components of which shall be established by the ,commission1 in consultation with the ,assistant ,secretary-- 7,i7 through rulemaking under section #eec of title #e1 ,united ,states ,code2 and 7,,ii7 after developing a process1 in consultation with eligible entities1 for-- 7aa7 identifying proprietary and confidential information contained in such a review2 and 7bb7 handling and protecting information described in item 7aa72 and 7ii7 which shall include1 to the extent applicable-- 7,i7 the analysis of the eligible entity with respect to the vulnerabilities of communications infrastructure provided1 operated1 or owned by the eligible entity with respect to severe weather1 natural disasters1 and climate change-related events2 7,,ii7 a description of steps taken by the eligible entity1 or steps that the eligible entity will take1 to address the vulnerabilities described in subclause 7,i72 and 7,,iii7 the number of projected potential users of the communications network or communications infrastructure provided1 operated1 or owned by the eligible entity that may be affected by the vulnerabilities described in subclause 7,i74 7e7 ,consultation with relevant agencies ,in establishing and carrying out the ,program1 the ,assistant ,secretary may consult and coordinate1 as needed1 with the ,commission1 the ,secretary of ,commerce1 the ,secretary of ,energy1 the ,administrator of the ,environmental ,protection ,agency1 the ,administrator of the ,federal ,emergency ,management ,agency1 and the head of any other ,federal agency with relevant subject matter expertise4 7f7 ,authorization of appropriations2 minimum expenditures 7#a7 ,in general ,there are authorized to be appropriated to the ,assistant ,secretary #e1jjj1jjj1jjj to carry out the ,program1 which shall remain available until expended4 7#b7 ,minimum expenditures2 administrative costs ,of the amounts made available to carry out the ,program1 the ,assistant ,secretary shall-- 7,a7 use not less than #be percent to provide assistance to eligible entities to carry out covered efficiency projects2 7,b7 use not less than #be percent to provide assistance to eligible entities to carry out covered resiliency projects2 and 7,c7 set aside not more than #b percent to cover costs relating to administration1 research1 training1 and staff1 including-- 7i7 the detailing of employees from other ,federal agencies2 and 7ii7 the appointment of experts in the fields of infrastructure resiliency1 climate science1 clean energy1 and energy efficiency4 #d4 ,regulatory framework 7a7 ,communications network resiliency framework 7#a7 ,establishment ,the ,commission1 in consultation with the ,assistant ,secretary1 the ,administrator of the ,federal ,emergency ,management ,agency1 and the ,director of the ,national ,institute of ,standards and ,technology1 shall issue rules under section #eec of title #e1 ,united ,states ,code1 to establish a communications network resiliency framework to promote resiliency with respect to communications networks and communications infrastructure4 7#b7 ,objectives ,the objectives of the framework established under paragraph 7#a7 shall be the following3 7,a7 ,to minimize the number of communications network outages4 7,b7 ,to minimize the length of communications network outages4 7,c7 ,to minimize the number of consumers affected by communications network outages4 7,d7 ,to mitigate the reduction in communications network performance caused by communications network outages4 7,e7 ,to encourage the adoption of equipment1 policies1 and procedures to prepare for communications network outages4 7,f7 ,to promote the detection of1 and response to1 communications network outages in a timely manner4 7,g7 ,to anticipate and prepare for long-term disruptions to communications networks that are caused by severe weather1 natural disasters1 or climate change4 7,h7 ,to support and address the communications needs of first responders involved in detecting1 managing1 and responding to-- 7i7 severe weather events1 natural disasters1 and climate change-related events2 and 7ii7 communications network outages caused by the events described in clause 7i74 7#c7 ,commission discretion ,in carrying out this subsection1 the ,commission may1 after providing public notice and an opportunity to comment1 establish minimum performance criteria or target goals with respect to the resiliency of communications networks and communications infrastructure4 7b7 ,agency responsibilities 7#a7 ,,fcc responsibilities 7,a7 ,resiliency mapping feasibility report 7i7 ,in general ,the ,commission shall-- 7,i7 in consultation with the ,assistant ,secretary and the ,administrators of the ,national ,oceanic and ,atmospheric ,administration1 the ,environmental ,protection ,agency1 and the ,federal ,emergency ,management ,agency1 complete a study 7and submit to ,congress a report regarding7 the feasibility of establishing and maintaining a map that shows projected risks to communications infrastructure as a result of events relating to severe weather1 natural disasters1 and climate change2 and 7,,ii7 include in the report required under subclause 7,i7 recommendations regarding-- 7aa7 which ,federal agency1 or combination of ,federal agencies1 is best equipped to conduct the mapping described in that subclause2 7bb7 how the mapping described in that subclause could-- 7,,aa7 incorporate the information obtained from eligible entities under the program carried out under section #c2 and 7,,bb7 be coordinated with1 and connected to1 other broadband mapping efforts of the ,commission2 and 7cc7 how to protect and secure any sensitive information relating to1 or stemming from1 the mapping described in that subclause4 7ii7 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission such sums as may be necessary to carry out clause 7i74 7,b7 ,technical assistance ,the ,commission1 in consultation with the ,assistant ,secretary1 shall provide technical assistance and resources to-- 7i7 any public or private domestic entity seeking to understand1 with respect to a communications network 7or communications infrastructure7 provided1 operated1 or owned by that entity1 the vulnerability or susceptibility of the network or infrastructure with respect to severe weather1 natural disasters1 or climate change2 and 7ii7 any ,state or local government seeking to understand the vulnerability or susceptibility with respect to severe weather1 natural disasters1 or climate change of a communications network that-- 7,i7 is located within the jurisdiction of that government2 and 7,,ii7 is not operated by that government4 7,c7 ,,nors ,after providing public notice and an opportunity to comment1 the ,commission shall update the ,network ,outage ,reporting ,system to include a broadband network outage as a required reporting incident4 7#b7 ,,ntia responsibilities 7,a7 ,energy and efficiency best practices 7i7 ,in general ,the ,assistant ,secretary1 in consultation with other ,federal agencies 7including the ,commission1 the ,department of ,energy1 the ,environmental ,protection ,agency1 and the ,federal ,energy ,regulatory ,commission71 and after obtaining input from communications service providers and other interested members of the public1 shall make available on a publicly available website a list of best practices for public and private partners to operate energy efficient and carbon-neutral communications infrastructure4 7ii7 ,contents ,the list of best practices described in clause 7i7 may include-- 7,i7 suggested technical standards for improving energy efficiency with respect to the use and transmission of electronic data1 including the implementation of more efficient compression and transmission algorithms and signal types2 7,,ii7 renewable energy sourcing guidelines2 and 7,,iii7 guidelines for internet service providers to report to consumers the energy consumption of those consumers alongside the data use of those consumers4 7,b7 ,reporting ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,assistant ,secretary1 in consultation with the ,commission1 the ,administrator of the ,federal ,emergency ,management ,agency1 and the ,administrator of the ,environmental ,protection ,agency1 and after providing public notice and an opportunity to comment1 shall submit to ,congress1 and make available on a publicly available website1 a report that1 at a minimum-- 7i7 contains data demonstrating1 for the year covered by the report and the year preceding the year covered by the report-- 7,i7 the number of communications network outages that are attributable to severe weather1 natural disasters1 and climate change-related events 7and the number of consumers affected by those communications network outages72 7,,ii7 any shifts in the energy consumption patterns of communications networks and communications infrastructure2 and 7,,iii7 any reduction in greenhouse gas emissions from communications networks and communications infrastructure2 and 7ii7 provides the most up-to-date projected risks to communications infrastructure because of severe weather1 natural disasters1 and climate change-related events4 7#c7 ,department of ,energy ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with the ,administrator of the ,energy ,information ,administration1 the ,administrator of the ,environmental ,protection ,agency1 and the ,federal ,energy ,regulatory ,commission1 shall submit to ,congress a report that-- 7,a7 indicates the projected growth of electrical consumption by data centers in the ,united ,states2 and 7,b7 includes recommendations for implementing energy efficiency standards for data centers that would-- 7i7 limit the growth described in subparagraph 7,a7 to the greatest extent practicable without-- 7,i7 reducing the rate of broadband adoption and usage in the ,united ,states2 or 7,,ii7 limiting the development of new and improved technologies or services2 and 7ii7 encourage the rapid adoption of renewable energy sources4