Climate Change Resiliency Fund for America Act of 2021

II 117TH CONGRESS 1ST SESSION S. 873 To establish the Climate Change Advisory Commission to develop rec- ommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Mr. DURBIN introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish the Climate Change Advisory Commission to develop recommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Climate Change Resiliency Fund for America Act of 5 2021’’. 6 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 873 IS (b) TABLE OF CONTENTS.— 1 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—CLIMATE CHANGE ADVISORY COMMISSION Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II—CLIMATE CHANGE RESILIENCY FUND Sec. 201. Climate Change Resiliency Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III—REVENUE Sec. 301. Climate Change Obligations. Sec. 302. Promotion. SEC. 2. DEFINITIONS. 2 In this Act: 3 (1) COMMISSION.—The term ‘‘Commission’’ 4 means the Climate Change Advisory Commission es- 5 tablished by section 101(a). 6 (2) COMMUNITY OF COLOR.—The term ‘‘com- 7 munity of color’’ means a geographically distinct 8 area in which the population of any of the following 9 categories of individuals is higher than the average 10 populations of that category for the State in which 11 the community is located: 12 (A) Black. 13 (B) African American. 14 (C) Asian. 15 (D) Pacific Islander. 16 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 873 IS (E) Other non-White race. 1 (F) Hispanic. 2 (G) Latino. 3 (H) Linguistically isolated. 4 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 5 ty’’ includes— 6 (A) a Federal agency; 7 (B) a State or group of States; 8 (C) a unit of local government or a group 9 of local governments; 10 (D) a utility district; 11 (E) a Tribal government or a consortium 12 of Tribal governments; 13 (F) a State or regional transit agency or a 14 group of State or regional transit agencies; 15 (G) a nonprofit organization; 16 (H) a special purpose district or public au- 17 thority, including a port authority; and 18 (I) any other entity, as determined by the 19 Secretary. 20 (4) ENVIRONMENTAL JUSTICE COMMUNITY.— 21 The term ‘‘environmental justice community’’ means 22 a community with significant representation of com- 23 munities of color, low-income communities, or Tribal 24 and indigenous communities that experiences, or is 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 873 IS at risk of experiencing, higher or more adverse 1 human health or environmental effects. 2 (5) FRONTLINE COMMUNITY.—The term 3 ‘‘frontline community’’ means a low-income commu- 4 nity, a community of color, or a Tribal community 5 that is disproportionately impacted or burdened by 6 climate change or a phenomenon associated with cli- 7 mate change, including such a community that was 8 or is at risk of being disproportionately impacted or 9 burdened by climate change or a phenomenon associ- 10 ated with climate change earlier than other such 11 communities. 12 (6) FUND.—The term ‘‘Fund’’ means the Cli- 13 mate Change Resiliency Fund established by section 14 201(a)(1). 15 (7) LOW-INCOME COMMUNITY.—The term ‘‘low- 16 income community’’ means any census block group 17 in which 30 percent or more of the population are 18 individuals with an annual household income equal 19 to, or less than, the greater of— 20 (A) an amount equal to 80 percent of the 21 median household income of the area in which 22 the household is located, as reported by the De- 23 partment of Housing and Urban Development; 24 and 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 873 IS (B) 200 percent of the Federal poverty 1 line. 2 (8) PROJECT.—The term ‘‘project’’ means a 3 project for a qualified climate change adaptation 4 purpose performed by an eligible entity under sec- 5 tion 201(b). 6 (9) QUALIFIED CLIMATE CHANGE ADAPTATION 7 PURPOSE.— 8 (A) IN GENERAL.—The term ‘‘qualified cli- 9 mate change adaptation purpose’’ means an ob- 10 jective with a demonstrated intent to reduce the 11 economic, social, and environmental impact of 12 the adverse effects of climate change. 13 (B) INCLUSIONS.—The term ‘‘qualified cli- 14 mate change adaptation purpose’’ includes in- 15 frastructure resiliency and mitigation, improved 16 disaster response, and ecosystem protection, 17 which may be accomplished through activities 18 or projects with objectives such as— 19 (i) reducing risks or enhancing resil- 20 ience to sea level rise, extreme weather 21 events, fires, drought, flooding, heat island 22 impacts, or worsened indoor or outdoor air 23 quality; 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 873 IS (ii) protecting farms and the food 1 supply from climate impacts; 2 (iii) reducing risks of food insecurity 3 that would otherwise result from climate 4 change; 5 (iv) ensuring that disaster and public 6 health plans account for more severe 7 weather; 8 (v) reducing risks from geographical 9 change to disease vectors, pathogens, 10 invasive species, and the distribution of 11 pests; and 12 (vi) other projects or activities, as de- 13 termined to be appropriate by the Commis- 14 sion. 15 (10) SECRETARY.—The term ‘‘Secretary’’ 16 means the Secretary of Commerce. 17 (11) STATE.—The term ‘‘State’’ means a State, 18 the District of Columbia, the Commonwealth of 19 Puerto Rico, and any other territory or possession of 20 the United States. 21 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 873 IS TITLE I—CLIMATE CHANGE 1 ADVISORY COMMISSION 2 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 3 COMMISSION. 4 (a) IN GENERAL.—There is established a commission 5 to be known as the ‘‘Climate Change Advisory Commis- 6 sion’’. 7 (b) MEMBERSHIP.—The Commission shall be com- 8 posed of 11 members— 9 (1) who shall be selected from the public and 10 private sectors and institutions of higher education; 11 and 12 (2) of whom— 13 (A) 3 shall be appointed by the President, 14 in consultation with the National Climate Task 15 Force; 16 (B) 2 shall be appointed by the Speaker of 17 the House of Representatives; 18 (C) 2 shall be appointed by the minority 19 leader of the House of Representatives; 20 (D) 2 shall be appointed by the majority 21 leader of the Senate; and 22 (E) 2 shall be appointed by the minority 23 leader of the Senate. 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 873 IS (c) TERMS.—Each member of the Commission shall 1 be appointed for the life of the Commission. 2 (d) INITIAL APPOINTMENTS.—Each member of the 3 Commission shall be appointed not later than 90 days 4 after the date of enactment of this Act. 5 (e) VACANCIES.—A vacancy on the Commission— 6 (1) shall not affect the powers of the Commis- 7 sion; and 8 (2) shall be filled in the manner in which the 9 original appointment was made. 10 (f) INITIAL MEETING.—Not later than 30 days after 11 the date on which all members of the Commission have 12 been appointed, the Commission shall hold the initial 13 meeting of the Commission. 14 (g) MEETINGS.—The Commission shall meet at the 15 call of the Chairperson. 16 (h) QUORUM.—A majority of the members of the 17 Commission shall constitute a quorum, but a lesser num- 18 ber of members may hold hearings. 19 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 20 Commission shall select a Chairperson and Vice Chair- 21 person from among the members of the Commission. 22 SEC. 102. DUTIES. 23 The Commission shall— 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 873 IS (1) establish recommendations, frameworks, 1 and guidelines for a Federal investment program 2 funded by revenue from climate change obligations 3 issued under section 301 for eligible entities that— 4 (A) improve and adapt energy, transpor- 5 tation, water, and general infrastructure im- 6 pacted or expected to be impacted due to cli- 7 mate variability; and 8 (B) integrate best available science, data, 9 standards, models, and trends that improve the 10 resiliency of infrastructure systems described in 11 subparagraph (A); and 12 (2) in consultation with the Council on Environ- 13 mental Quality and the White House Environmental 14 Justice Interagency Council, identify categories of 15 the most cost-effective investments and projects that 16 emphasize multiple benefits to human health, com- 17 merce, and ecosystems while ensuring that the Com- 18 mission engages in early and meaningful community 19 stakeholder involvement opportunities during the de- 20 velopment of the recommendations, frameworks, and 21 guidelines established under paragraph (1). 22 SEC. 103. COMMISSION PERSONNEL MATTERS. 23 (a) COMPENSATION OF MEMBERS.— 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 873 IS (1) NON-FEDERAL EMPLOYEES.—A member of 1 the Commission who is not an officer or employee of 2 the Federal Government shall be compensated at a 3 rate equal to the daily equivalent of the annual rate 4 of basic pay prescribed for level IV of the Executive 5 Schedule under section 5315 of title 5, United 6 States Code, for each day (including travel time) 7 during which the member is engaged in the perform- 8 ance of the duties of the Commission. 9 (2) FEDERAL EMPLOYEES.—A member of the 10 Commission who is an officer or employee of the 11 Federal Government shall serve without compensa- 12 tion in addition to the compensation received for the 13 services of the member as an officer or employee of 14 the Federal Government. 15 (b) TRAVEL EXPENSES.—A member of the Commis- 16 sion shall be allowed travel expenses, including per diem 17 in lieu of subsistence, at rates authorized for an employee 18 of an agency under subchapter I of chapter 57 of title 19 5, United States Code, while away from the home or reg- 20 ular place of business of the member in the performance 21 of the duties of the Commission. 22 (c) STAFF.— 23 (1) IN GENERAL.—The Chairperson of the 24 Commission may, without regard to the civil service 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 873 IS laws (including regulations), appoint and terminate 1 such personnel as are necessary to enable the Com- 2 mission to perform the duties of the Commission. 3 (2) COMPENSATION.— 4 (A) IN GENERAL.—Except as provided in 5 subparagraph (B), the Chairperson of the Com- 6 mission may fix the compensation of personnel 7 without regard to the provisions of chapter 51 8 and subchapter III of chapter 53 of title 5, 9 United States Code, relating to classification of 10 positions and General Schedule pay rates. 11 (B) MAXIMUM RATE OF PAY.—The rate of 12 pay for personnel shall not exceed the rate pay- 13 able for level V of the Executive Schedule under 14 section 5316 of title 5, United States Code. 15 SEC. 104. FUNDING. 16 The Commission shall use amounts in the Fund to 17 pay for all administrative expenses of the Commission. 18 SEC. 105. TERMINATION. 19 The Commission shall terminate on such date as the 20 Commission determines after the Commission carries out 21 the duties of the Commission under section 102. 22 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 873 IS TITLE II—CLIMATE CHANGE 1 RESILIENCY FUND 2 SEC. 201. CLIMATE CHANGE RESILIENCY FUND. 3 (a) ESTABLISHMENT.— 4 (1) IN GENERAL.—There is established in the 5 Treasury of the United States the ‘‘Climate Change 6 Resiliency Fund’’. 7 (2) USE OF AMOUNTS.— 8 (A) IN GENERAL.—The Secretary shall use 9 not less than 40 percent of the amounts in the 10 Fund to fund projects that benefit communities 11 that experience disproportionate impacts from 12 climate change, including environmental justice 13 communities, frontline communities, and low-in- 14 come communities. 15 (B) MAINTENANCE OF EFFORT.—All 16 amounts deposited in the Fund in accordance 17 with section 301(a) shall only be used— 18 (i) to fund new projects in accordance 19 with this section; and 20 (ii) for administrative expenses of the 21 Commission authorized under section 104. 22 (3) RESPONSIBILITY OF SECRETARY.—The Sec- 23 retary shall take such action as the Secretary deter- 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 873 IS mines necessary to assist in implementing the Fund 1 in accordance with this section. 2 (b) CLIMATE CHANGE ADAPTATION PROJECTS.— 3 The Secretary, in consultation with the Commission, shall 4 carry out a program to provide funds to eligible entities 5 to carry out projects for a qualified climate change adapta- 6 tion purpose. 7 (c) APPLICATIONS.— 8 (1) IN GENERAL.—An eligible entity desiring 9 funds under subsection (b) shall, with respect to a 10 project, submit to the Secretary an application at 11 such time, in such manner, and containing such in- 12 formation as the Secretary may require. 13 (2) CONTENTS.—An application subm [Text truncated for display. 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