,,ii #aahth ,,congress #ast ,session ,s4 #badh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjbc,mr4 ,markey 7for himself1 ,mr4 ,padilla1 ,mr4 ,kelly1 ,mr4 ,durbin1 ,mr4 ,booker1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to promote long-term economic recovery and job creation in environmental justice communities by providing for investment in catalytic local predevelopment projects for resilient climate infrastructure innovation1 to provide assistance to support ,state and local project development1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,local ,infrastructure ,funding ,technical ,assistance ,act or the ,,lift ,act4 #b4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 infrastructure systems in the ,united ,states are in a period of significant disrepair and are increasingly vulnerable due to climate change2 7#b7 aging infrastructure1 new technologies1 increasing complexity1 and increasing incidents of severe weather due to climate change pose new challenges to the resilience of those infrastructure systems2 7#c7 the climate resilience challenge is most acute in environmental justice communities in the ,united ,states1 which face a chronic underinvestment in infrastructure systems and require restorative investments to rebuild with equity2 7#d7 experts have determined that predevelopment funding at the local and project levels is the critical gap in accelerating efforts of the ,federal ,government-- 7,a7 to support climate-resilient infrastructure systems and regional economies2 and 7,b7 to create a steady stream of shovel-worthy and well-maintained community projects2 7#e7 economic analyses have determined that existing ,federal and ,state predevelopment programs generate as much as #af to #bj in economic activity for every #a of public funds expended2 7#f7 studies demonstrate that the development of stronger lifecycle infrastructure methods by ,state and local project sponsors will likely help local governments better leverage current and future ,federal taxpayer investment in public infrastructure through partnerships with impact investors2 7#g7 well-managed and resilient regional1 ,state1 and local infrastructure assets will lower future ,federal taxpayer costs for recovery and restoration efforts2 7#h7 in purchasing infrastructure1 the ,federal ,government typically accepts a low-cost capital bid without a plan for maintaining an asset that is designed to last #cj to #dj years1 such that investing in local best practices and capacity for better procurement1 asset management1 design1 lifecycle finance1 and innovative data and sensor systems will partially address the resilient infrastructure funding crisis in the ,united ,states2 7#i7 ,states and regions have unique infrastructure systems and challenges1 such as-- 7,a7 wildfires and droughts in the ,west2 7,b7 failing dams and levees in the ,midwest and ,mississippi regions2 7,c7 stormwater management issues in the ,south and ,east2 and 7,d7 broadband connectivity in the ,intermountain region2 7#aj7 the interconnected nature of energy1 water1 building stock1 transportation1 and communication systems demands new investments and innovations-- 7,a7 to prepare for mitigating risks and cyberattacks2 and 7,b7 to carry out integrated deployment strategies2 7#aa7 the basic infrastructure needs of many communities are changing during the ,,covid-#ai era to emphasize distance learning and public health1 while much of the infrastructure stock of the ,united ,states created in the #aiejs1 #aifjs1 and #aigjs is aging2 7#ab7 #b_/c of ,united ,states infrastructure is funded at the ,state and local levels2 7#ac7 the ,federal ,government1 in the role of a long-term strategic infrastructure partner1 should focus on making catalytic investments that-- 7,a7 promote local best practices in resilient infrastructure through performance-based investments in ,states and communities2 7,b7 encourage regional innovation1 innovative partnerships1 and economic resilience strategies and outcomes that fund long-term capacity building and economic recovery2 and 7,c7 provide strategic capacity building resources1 technical assistance1 and flexible predevelopment support for resilient infrastructure project development that allows ,states and communities to accelerate the most critical ,state and community infrastructure needs2 7#ad7 grantees and applicants of the ,assistance for ,coal ,communities program of the ,economic ,development ,administration have expressed financial hardship with meeting all project predevelopment costs needed to be eligible for that program and to transition away from fossil fuel infrastructure2 7#ae7 the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi7 makes a once-in-a-generation investment of #a1bjj1jjj1jjj1jjj to rebuild and modernize the infrastructure of the ,united ,states2 7#af7 ,public ,law #aag-afi 7#acf ,stat4 #ahah7 7commonly known as the ,inflation ,reduction ,act of #bjbb7 includes an estimated #cfi1jjj1jjj1jjj in appropriations and tax credits for climate-related and energy-related investments1 the largest ,federal climate change legislation to be enacted into law2 and 7#ag7 ,executive ,order #adjjh 7#db ,u4,s4,c4 #dcba note2 relating to tackling the climate crisis at home and abroad71 issued by ,president ,biden on ,january #bg1 #bjba1 created the ,justice#dj ,initiative to deliver #dj percent of climate-related investments to communities identified as disadvantaged4 7b7 ,purpose ,recognizing that pressing climate-resilient infrastructure needs differ by ,state and region1 and that ,federal program support for project predevelopment is limited or inflexible due to programmatic silos1 the purpose of this ,act is to establish new1 flexible funding streams and expedited processes-- 7#a7 to accelerate timely1 resilient infrastructure deployment1 specifically in environmental justice communities2 7#b7 to reduce taxpayer costs in response to disasters involving infrastructure2 and 7#c7 to preserve existing jobs and to create new jobs4 #c4 ,definitions ,in this ,act3 7#a7 ,capacity building 7,a7 ,in general ,the term capacity building means the process of strengthening local coordination1 leadership1 knowledge1 skills1 expertise1 and access to resources with the goal of helping to develop or increase the ability of a community to independently implement projects in the future4 7,b7 ,inclusions ,the term capacity building includes all activities associated with early stage community-based project formation and conceptualization1 prior to project predevelopment activity1 such as identifying and planning for needed climate change mitigation and adaptation projects and providing stipends to local community organizations for planning participation1 community outreach and engagement activities1 grant writing1 research1 and mentorship support to move projects from formation and conceptualization to project predevelopment4 7#b7 ,community of color ,the term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the ,state in which the community is located3 7,a7 ,black4 7,b7 ,african ,american4 7,c7 ,asian4 7,d7 ,pacific ,islander4 7,e7 ,other non-,white race4 7,f7 ,hispanic4 7,g7 ,latino4 7,h7 ,linguistically isolated4 7,i7 ,middle ,eastern and ,north ,african4 7#c7 ,eligible recipient ,the term eligible recipient means-- 7,a7 an eligible recipient 7as defined in section #c of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cabb772 and 7,b7 a private individual1 a non-profit organization1 or a for-profit organization4 7#d7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and ,indigenous communities that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#f7 ,lead applicant ,the term lead applicant means the eligible recipient that is primarily responsible for the preparation1 conduct1 and administration of the project for which a grant is provided under section #e7;c77#b74 7#g7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#h7 ,minority or woman-led entity ,the term minority or woman-led entity means an organization1 as determined by the ,secretary-- 7,a7 for which a majority of the governing board of directors and executive leadership of the organization are women or minority persons2 7,b7 that is not dependent on or influenced by another non-eligible person or organization2 and 7,c7 that has not been established for the purpose of this ,act4 7#i7 ,project predevelopment ,the term project predevelopment means a measure required to be completed before construction of a project may occur1 such as-- 7,a7 architectural or engineering work2 7,b7 a market assessment2 7,c7 community outreach and engagement2 7,d7 an economic feasibility study2 7,e7 the acquisition of a site or lease2 7,f7 preparation of a business plan2 7,g7 any activity relating to permitting2 7,h7 any activity relating to the identification of additional funding sources or writing of grant applications2 7,i7 capacity building in local governments1 community institutions1 and nonprofit organizations2 and 7,j7 training for unionized labor to execute on such activities4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#aa7 ,tribal and indigenous community ,the term ,tribal and ,indigenous community means a population of individuals who are members of-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native community or organization2 7,d7 a ,native ,hawaiian community or organization2 or 7,e7 any other ,indigenous community located in a ,state4 #d4 ,local infrastructure funding technical assistance grant requirements 7a7 ,limitations ,in making grants with amounts made available under section #e7;c77#b71 the ,secretary-- 7#a7 may provide not more than #ej percent of the grant amount prior to an eligible recipient commencing predevelopment activities described in that section2 and 7#b7 may not-- 7,a7 provide to an eligible recipient more than #a grant for which the eligible recipient is the lead applicant2 or 7,b7 make a grant in an amount of more than #ejj1jjj4 7b7 ,partnerships 7#a7 ,in general ,subject to paragraph 7#b71 an eligible recipient seeking to receive a grant under section #e7;c77#b7 shall demonstrate multi-stakeholder partnerships between stakeholders such as community-based organizations1 nonprofit organizations1 faith-based organizations1 coalitions1 community development corporations1 units of local government1 and other stakeholders1 as determined appropriate by the ,secretary4 7#b7 ,requirement ,in demonstrating a partnership under paragraph 7#a71 an eligible entity shall identify #a or more community-based organizations or community-serving organizations4 7c7 ,use of grant ,an eligible recipient may use a grant under section #e7;c77#b7 for project predevelopment1 including-- 7#a7 project planning1 community outreach and engagement1 and associated marketing and communications2 7#b7 predevelopment studies1 including-- 7,a7 feasibility studies2 7,b7 studies evaluating the needs of1 and development potential for1 economic growth of areas that the ,secretary determines have substantial need for the assistance2 and 7,c7 studies that evaluate the effectiveness of coordinating projects funded under the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #caba et seq47 with projects funded under other ,acts2 7#c7 demonstrations of innovative activities or strategic economic development investments2 7#d7 management and operational assistance2 7#e7 establishment of university centers2 7#f7 establishment of business outreach centers1 including business clusters to support project predevelopment2 7#g7 other activities determined by the ,secretary to be appropriate2 and 7#h7 making a grant to an organization to carry out any of the activities described in paragraphs 7#a7 through 7#g74 7d7 ,selection 7#a7 ,in general ,the ,secretary may award a grant under section #e7;c77#b7 only after an evaluation of-- 7,a7 the merits of the application2 7,b7 the likely low- to no-carbon opportunities described in the application that align with any ,federal climate and resiliency goals2 7,c7 the extent to which the proposed activities would create efficiency of operations across services2 and 7,d7 the extent to which the proposed activities would promote resources to invest in community infrastructure4 7#b7 ,priority ,in awarding grants under section #e7;c77#b71 the ,secretary shall give priority to eligible recipients that-- 7,a7 are located in an environmental justice community2 7,b7 demonstrate strong and diverse partnerships1 particularly with community-based organizations2 7,c7 propose to carry out activities that would improve community adaptation and resiliency2 7,d7 advance equitable workforce development or increase wealth-building opportunities for environmental justice communities2 7,e7 propose to carry out activities that would-- 7i7 result in predicted large greenhouse gas reductions2 or 7ii7 reduce air pollution2 7,f7 propose to carry out activities that would result in large improvements to public health2 7,g7 propose to carry out activities that would modernize communities and community connectivity2 7,h7 are partnerships between an institution of higher education and a labor organization2 or 7,i7 are minority or women-led entities4 #e4 ,authorization of appropriations 7a7 ,in general ,in addition to amounts otherwise available1 there is authorized to be appropriated for fiscal year #bjbd #ae1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to the ,secretary for economic adjustment assistance under section #bji of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 to provide grants for project predevelopment and technical assistance4 7b7 ,administrative costs ,in addition to amounts otherwise available1 there is authorized to be appropriated for fiscal year #bjbd1 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to the ,secretary for the administrative costs of carrying out this section1 including the costs of using temporary ,federal personnel as may be necessary4 7c7 ,type of grants ,of the amounts made available under subsection 7a7-- 7#a7 #e1jjj1jjj1jjj shall be for technical assistance and grants to eligible recipients to perform capacity building2 and 7#b7 #aj1jjj1jjj1jjj shall be for grants to eligible recipients to perform project predevelopment activities to assist ,states and communities that need support with climate infrastructure investments1 subject to the requirements of section #d4 7d7 ,environmental justice communities ,of the amounts made available under subsection 7a71 not less than #ej percent shall be used for activities described in subsection 7c7 that are carried out in environmental justice communities4