Climate Change Resiliency Fund for America Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1689 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 12, 2019 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 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1689 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 2019’’. 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 Except as otherwise provided, 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) FUND.—The term ‘‘Fund’’ means the Cli- 11 mate Change Resiliency Fund established by section 12 201(a)(1). 13 (3) QUALIFIED CLIMATE CHANGE ADAPTATION 14 PURPOSE.— 15 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1689 IH (A) IN GENERAL.—The term ‘‘qualified cli- 1 mate change adaptation purpose’’ means an ob- 2 jective with a demonstrated intent to reduce the 3 economic, social, and environmental impact of 4 the adverse effects of climate change. 5 (B) INCLUSIONS.—The term ‘‘qualified cli- 6 mate change adaptation purpose’’ includes— 7 (i) infrastructure resiliency and miti- 8 gation; 9 (ii) improved disaster response; and 10 (iii) ecosystem protection. 11 (4) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of Commerce. 13 TITLE I—CLIMATE CHANGE 14 ADVISORY COMMISSION 15 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 16 COMMISSION. 17 (a) IN GENERAL.—There is established a commission 18 to be known as the ‘‘Climate Change Advisory Commis- 19 sion’’. 20 (b) MEMBERSHIP.—The Commission shall be com- 21 posed of 11 members— 22 (1) who shall be selected from the public and 23 private sectors and institutions of higher education; 24 and 25 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1689 IH (2) of whom— 1 (A) 3 shall be appointed by the President, 2 in consultation with the Interagency Climate 3 Change Adaptation Task Force; 4 (B) 2 shall be appointed by the Speaker of 5 the House of Representatives; 6 (C) 2 shall be appointed by the minority 7 leader of the House of Representatives; 8 (D) 2 shall be appointed by the majority 9 leader of the Senate; and 10 (E) 2 shall be appointed by the minority 11 leader of the Senate. 12 (c) TERMS.—Each member of the Commission shall 13 be appointed for the life of the Commission. 14 (d) INITIAL APPOINTMENTS.—Each member of the 15 Commission shall be appointed not later than 90 days 16 after the date of enactment of this Act. 17 (e) VACANCIES.—A vacancy on the Commission— 18 (1) shall not affect the powers of the Commis- 19 sion; and 20 (2) shall be filled in the manner in which the 21 original appointment was made. 22 (f) INITIAL MEETING.—Not later than 30 days after 23 the date on which all members of the Commission have 24 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1689 IH been appointed, the Commission shall hold the initial 1 meeting of the Commission. 2 (g) MEETINGS.—The Commission shall meet at the 3 call of the Chairperson. 4 (h) QUORUM.—A majority of the members of the 5 Commission shall constitute a quorum, but a lesser num- 6 ber of members may hold hearings. 7 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 8 Commission shall select a Chairperson and Vice Chair- 9 person from among the members of the Commission. 10 SEC. 102. DUTIES. 11 The Commission shall— 12 (1) establish recommendations, frameworks, 13 and guidelines for a Federal investment program 14 funded by revenue from climate change obligations 15 issued under section 301 for States, municipalities, 16 and other public entities, including utility districts, 17 transit authorities, and multistate regulatory bodies 18 that— 19 (A) improves and adapts energy, transpor- 20 tation, water, and general infrastructure im- 21 pacted or expected to be impacted due to cli- 22 mate variability; and 23 (B) integrates best available science, data, 24 standards, models, and trends that improve the 25 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1689 IH resiliency of infrastructure systems described in 1 subparagraph (A); and 2 (2) identify categories of the most cost-effective 3 investments and projects that emphasize multiple 4 benefits to commerce, human health, and eco- 5 systems. 6 SEC. 103. COMMISSION PERSONNEL MATTERS. 7 (a) COMPENSATION OF MEMBERS.— 8 (1) NON-FEDERAL EMPLOYEES.—A member of 9 the Commission who is not an officer or employee of 10 the Federal Government shall be compensated at a 11 rate equal to the daily equivalent of the annual rate 12 of basic pay prescribed for level IV of the Executive 13 Schedule under section 5315 of title 5, United 14 States Code, for each day (including travel time) 15 during which the member is engaged in the perform- 16 ance of the duties of the Commission. 17 (2) FEDERAL EMPLOYEES.—A member of the 18 Commission who is an officer or employee of the 19 Federal Government shall serve without compensa- 20 tion in addition to the compensation received for the 21 services of the member as an officer or employee of 22 the Federal Government. 23 (b) TRAVEL EXPENSES.—A member of the Commis- 24 sion shall be allowed travel expenses, including per diem 25 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1689 IH in lieu of subsistence, at rates authorized for an employee 1 of an agency under subchapter I of chapter 57 of title 2 5, United States Code, while away from the home or reg- 3 ular place of business of the member in the performance 4 of the duties of the Commission. 5 (c) STAFF.— 6 (1) IN GENERAL.—The Chairperson of the 7 Commission may, without regard to the civil service 8 laws (including regulations), appoint and terminate 9 such personnel as are necessary to enable the Com- 10 mission to perform the duties of the Commission. 11 (2) COMPENSATION.— 12 (A) IN GENERAL.—Except as provided in 13 subparagraph (B), the Chairperson of the Com- 14 mission may fix the compensation of personnel 15 without regard to the provisions of chapter 51 16 and subchapter III of chapter 53 of title 5, 17 United States Code, relating to classification of 18 positions and General Schedule pay rates. 19 (B) MAXIMUM RATE OF PAY.—The rate of 20 pay for personnel shall not exceed the rate pay- 21 able for level V of the Executive Schedule under 22 section 5316 of title 5, United States Code. 23 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1689 IH SEC. 104. FUNDING. 1 The Commission shall use amounts in the Fund to 2 pay for all administrative expenses of the Commission. 3 SEC. 105. TERMINATION. 4 The Commission shall terminate on such date as the 5 Commission determines after the Commission carries out 6 the duties of the Commission under section 102. 7 TITLE II—CLIMATE CHANGE 8 RESILIENCY FUND 9 SEC. 201. CLIMATE CHANGE RESILIENCY FUND. 10 (a) ESTABLISHMENT.— 11 (1) IN GENERAL.—There is established within 12 the Department of Commerce the ‘‘Climate Change 13 Resiliency Fund’’. 14 (2) RESPONSIBILITY OF THE SECRETARY.—The 15 Secretary shall take such action as the Secretary de- 16 termines to be necessary to assist in implementing 17 the establishment of the Fund in accordance with 18 this Act. 19 (b) CLIMATE CHANGE ADAPTATION PROJECTS.— 20 The Secretary, in consultation with the Commission, shall 21 carry out a program to provide funds to eligible applicants 22 to carry out projects for a qualified climate change adapta- 23 tion purpose. 24 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1689 IH (c) ELIGIBLE ENTITIES.—An entity eligible to par- 1 ticipate in the program under subsection (b) shall in- 2 clude— 3 (1) a Federal agency; 4 (2) a State or a group of States; 5 (3) a unit of local government or a group of 6 local governments; 7 (4) a utility district; 8 (5) a tribal government or a consortium of trib- 9 al governments; 10 (6) a State or regional transit agency or a 11 group of State or regional transit agencies; 12 (7) a nonprofit organization; 13 (8) a special purpose district or public author- 14 ity, including a port authority; and 15 (9) any other entity, as determined by the Sec- 16 retary. 17 (d) APPLICATION.—An eligible entity shall submit to 18 the Secretary an application for a project for a qualified 19 climate change adaptation purpose at such time, in such 20 manner, and containing such information as the Secretary 21 may require, including data relating to any benefits, such 22 as economic impact or improvements to public health, that 23 the project is expected to provide. 24 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1689 IH (e) SELECTION.—The Secretary shall select projects 1 from eligible entities to receive funds under this section 2 based on criteria and guidelines determined and published 3 by the Commission. 4 (f) NON-FEDERAL FUNDING REQUIREMENT.—In 5 order to receive funds under this section, an eligible entity 6 shall provide funds for the project in an amount that is 7 equal to not less than 25 percent of the amount of funds 8 provided under this section. 9 (g) MAINTENANCE OF EFFORT.—All amounts depos- 10 ited in the Fund in accordance with section 301(a) shall 11 be used only to fund new projects in accordance with this 12 Act. 13 (h) APPLICABILITY OF FEDERAL LAW.—Nothing in 14 this Act waives the requirements of any Federal law (in- 15 cluding regulations) that would otherwise apply to a quali- 16 fied climate change project that receives funds under this 17 section. 18 SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT. 19 (a) IN GENERAL.—All laborers and mechanics em- 20 ployed by contractors and subcontractors on projects fund- 21 ed directly by or assisted in whole or in part by and 22 through the Fund pursuant to this title shall be paid 23 wages at rates not less than those prevailing on projects 24 of a character similar in the locality as determined by the 25 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 11 •HR 1689 IH Secretary of Labor in accordance with subchapter IV of 1 chapter 31 of part A of title 40, United States Code. 2 (b) LABOR STANDARDS.—With respect to the labor 3 standards specified in this section, the Secretary of Labor 4 shall have the authority and functions set forth in Reorga- 5 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 6 U.S.C. App.) and section 3145 of title 40, United States 7 Code. 8 SEC. 203. FUNDING. 9 The Secretary shall use funds made available to the 10 Secretary and not otherwise obligated to carry out the pro- 11 gram under section 201(b). 12 TITLE III—REVENUE 13 SEC. 301. CLIMATE CHANGE OBLIGATIONS. 14 (a) IN GENERAL.—Not later than 6 months after the 15 date of the enactment of this Act, the Secretary of the 16 Treasury or the Secretary’s delegate (referred to in this 17 title as the ‘‘Secretary’’) shall issue obligations under 18 chapter 31 of title 31, United States Code (referred to 19 in this title as ‘‘climate change obligations’’), the proceeds 20 from which shall be deposited in the Fund. 21 (b) FULL FAITH AND CREDIT.—Payment of interest 22 and principal with respect to any climate change obliga- 23 tion issued under this section shall be made from the gen- 24 VerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689 pbinns on DSK79D2C42PROD with BILLS 12 •HR 1689 IH eral fund of the Treasury of the United States and shall 1 be backed by the full faith and credit of the United States. 2 (c) EXEMPTION FROM LOCAL TAXATION.—All cli- 3 mate change obligations issued by the Secretary, and the 4 interest on or credits with respect to such obligations, 5 shall not be subject to taxation by any State, county, mu- 6 nicipality, or local taxing authority. 7 (d) AMOUNT OF CLIMATE CHANGE OBLIGATIONS.— 8 (1) IN GENERAL.—Except as provided in para- 9 graph (2), the aggregate face amount of the climate 10 change obligations issued annually under this section 11 shall be $200,000,000. 12 (2) ADDITIONAL OBLIGATIONS.—For any cal- 13 endar year in which all of the obligations issued pur- 14 suant to paragraph (1) have been purchased, the 15 Secretary may issue additional climate change obli- 16 gations during such calendar year, provided that the 17 aggregate face amount [Text truncated for display. 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