Climate Change Resiliency Fund for America Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2013 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 HOUSE OF REPRESENTATIVES MARCH 18, 2021 Mr. DEUTCH introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2013 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Climate Change Resiliency Fund for America Act of 3 2021’’. 4 (b) TABLE OF CONTENTS.— 5 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. 6 In this Act: 7 (1) COMMISSION.—The term ‘‘Commission’’ 8 means the Climate Change Advisory Commission es- 9 tablished by section 101(a). 10 (2) COMMUNITY OF COLOR.—The term ‘‘com- 11 munity of color’’ means a geographically distinct 12 area in which the population of any of the following 13 categories of individuals is higher than the average 14 populations of that category for the State in which 15 the community is located: 16 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2013 IH (A) Black. 1 (B) African American. 2 (C) Asian. 3 (D) Pacific Islander. 4 (E) Other non-White race. 5 (F) Hispanic. 6 (G) Latino. 7 (H) Linguistically isolated. 8 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 9 ty’’ includes— 10 (A) a Federal agency; 11 (B) a State or group of States; 12 (C) a unit of local government or a group 13 of local governments; 14 (D) a utility district; 15 (E) a Tribal government or a consortium 16 of Tribal governments; 17 (F) a State or regional transit agency or a 18 group of State or regional transit agencies; 19 (G) a nonprofit organization; 20 (H) a special purpose district or public au- 21 thority, including a port authority; and 22 (I) any other entity, as determined by the 23 Secretary. 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2013 IH (4) ENVIRONMENTAL JUSTICE COMMUNITY.— 1 The term ‘‘environmental justice community’’ means 2 a community with significant representation of com- 3 munities of color, low-income communities, or Tribal 4 and indigenous communities that experiences, or is 5 at risk of experiencing, higher or more adverse 6 human health or environmental effects. 7 (5) FRONTLINE COMMUNITY.—The term 8 ‘‘frontline community’’ means a low-income commu- 9 nity, a community of color, or a Tribal community 10 that is disproportionately impacted or burdened by 11 climate change or a phenomenon associated with cli- 12 mate change, including such a community that was 13 or is at risk of being disproportionately impacted or 14 burdened by climate change or a phenomenon associ- 15 ated with climate change earlier than other such 16 communities. 17 (6) FUND.—The term ‘‘Fund’’ means the Cli- 18 mate Change Resiliency Fund established by section 19 201(a)(1). 20 (7) LOW-INCOME COMMUNITY.—The term ‘‘low- 21 income community’’ means any census block group 22 in which 30 percent or more of the population are 23 individuals with an annual household income equal 24 to, or less than, the greater of— 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2013 IH (A) an amount equal to 80 percent of the 1 median household income of the area in which 2 the household is located, as reported by the De- 3 partment of Housing and Urban Development; 4 and 5 (B) 200 percent of the Federal poverty 6 line. 7 (8) PROJECT.—The term ‘‘project’’ means a 8 project for a qualified climate change adaptation 9 purpose performed by an eligible entity under sec- 10 tion 201(b). 11 (9) QUALIFIED CLIMATE CHANGE ADAPTATION 12 PURPOSE.— 13 (A) IN GENERAL.—The term ‘‘qualified cli- 14 mate change adaptation purpose’’ means an ob- 15 jective with a demonstrated intent to reduce the 16 economic, social, and environmental impact of 17 the adverse effects of climate change. 18 (B) INCLUSIONS.—The term ‘‘qualified cli- 19 mate change adaptation purpose’’ includes in- 20 frastructure resiliency and mitigation, improved 21 disaster response, and ecosystem protection, 22 which may be accomplished through activities 23 or projects with objectives such as— 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2013 IH (i) reducing risks or enhancing resil- 1 ience to sea level rise, extreme weather 2 events, fires, drought, flooding, heat island 3 impacts, or worsened indoor or outdoor air 4 quality; 5 (ii) protecting farms and the food 6 supply from climate impacts; 7 (iii) reducing risks of food insecurity 8 that would otherwise result from climate 9 change; 10 (iv) ensuring that disaster and public 11 health plans account for more severe 12 weather; 13 (v) reducing risks from geographical 14 change to disease vectors, pathogens, 15 invasive species, and the distribution of 16 pests; and 17 (vi) other projects or activities, as de- 18 termined to be appropriate by the Commis- 19 sion. 20 (10) SECRETARY.—The term ‘‘Secretary’’ 21 means the Secretary of Commerce. 22 (11) STATE.—The term ‘‘State’’ means a State, 23 the District of Columbia, the Commonwealth of 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2013 IH Puerto Rico, and any other territory or possession of 1 the United States. 2 TITLE I—CLIMATE CHANGE 3 ADVISORY COMMISSION 4 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 5 COMMISSION. 6 (a) IN GENERAL.—There is established a commission 7 to be known as the ‘‘Climate Change Advisory Commis- 8 sion’’. 9 (b) MEMBERSHIP.—The Commission shall be com- 10 posed of 11 members— 11 (1) who shall be selected from the public and 12 private sectors and institutions of higher education; 13 and 14 (2) of whom— 15 (A) 3 shall be appointed by the President, 16 in consultation with the National Climate Task 17 Force; 18 (B) 2 shall be appointed by the Speaker of 19 the House of Representatives; 20 (C) 2 shall be appointed by the minority 21 leader of the House of Representatives; 22 (D) 2 shall be appointed by the majority 23 leader of the Senate; and 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2013 IH (E) 2 shall be appointed by the minority 1 leader of the Senate. 2 (c) TERMS.—Each member of the Commission shall 3 be appointed for the life of the Commission. 4 (d) INITIAL APPOINTMENTS.—Each member of the 5 Commission shall be appointed not later than 90 days 6 after the date of enactment of this Act. 7 (e) VACANCIES.—A vacancy on the Commission— 8 (1) shall not affect the powers of the Commis- 9 sion; and 10 (2) shall be filled in the manner in which the 11 original appointment was made. 12 (f) INITIAL MEETING.—Not later than 30 days after 13 the date on which all members of the Commission have 14 been appointed, the Commission shall hold the initial 15 meeting of the Commission. 16 (g) MEETINGS.—The Commission shall meet at the 17 call of the Chairperson. 18 (h) QUORUM.—A majority of the members of the 19 Commission shall constitute a quorum, but a lesser num- 20 ber of members may hold hearings. 21 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 22 Commission shall select a Chairperson and Vice Chair- 23 person from among the members of the Commission. 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2013 IH SEC. 102. DUTIES. 1 The Commission shall— 2 (1) establish recommendations, frameworks, 3 and guidelines for a Federal investment program 4 funded by revenue from climate change obligations 5 issued under section 301 for eligible entities that— 6 (A) improve and adapt energy, transpor- 7 tation, water, and general infrastructure im- 8 pacted or expected to be impacted due to cli- 9 mate variability; and 10 (B) integrate best available science, data, 11 standards, models, and trends that improve the 12 resiliency of infrastructure systems described in 13 subparagraph (A); and 14 (2) in consultation with the Council on Environ- 15 mental Quality and the White House Environmental 16 Justice Interagency Council, identify categories of 17 the most cost-effective investments and projects that 18 emphasize multiple benefits to human health, com- 19 merce, and ecosystems while ensuring that the Com- 20 mission engages in early and meaningful community 21 stakeholder involvement opportunities during the de- 22 velopment of the recommendations, frameworks, and 23 guidelines established under paragraph (1). 24 SEC. 103. COMMISSION PERSONNEL MATTERS. 25 (a) COMPENSATION OF MEMBERS.— 26 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2013 IH (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 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2013 IH 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 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2013 IH 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 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2013.IH H2013 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2013 IH 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.— [Text truncated for display. 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