Community benefits agreements

(a) Prioritization in NEPA If a project sponsor has entered into a community benefits agreement described in subsection (b) with respect to an eligible project, the applicable lead agency shall prioritize the completion of the required environmental documents for the eligible project. (b) Community benefits agreement (CBA) A project sponsor and a CBA partner may enter into an agreement that— (1) relates to an eligible project for which an authorization is sought; (2) may include the disbursement of funds, including commitments, for social, economic, or environmental benefits that will— (A) ensure benefits from the construction, modification, and operation of the eligible project are shared with nearby residents; (B) offset adverse impacts resulting from such construction, modification, or operation; or (C) address legacy or historical harm or adverse cumulative social, economic, or environmental impacts in the location in which the eligible project is to be carried out; (3) includes commitments by a project sponsor to hire members of the local workforce during construction, modification, operation, or maintenance of the eligible project; (4) includes commitments to provide educational opportunities and training for workforce and skills development, if it is determined that there is an insufficient local workforce; (5) may include commitments by a project sponsor to procure materials and services from local businesses, when possible; (6) is negotiated through a process that includes meaningful engagement by the project sponsor with the CBA partner; (7) details specific, measurable, and legally enforceable CBA commitments; (8) includes a detailed plan, with clear metrics, milestones, and timelines for accomplishing such commitments; (9) establishes specific roles, responsibilities, and processes for tracking and reporting progress with respect to commitments agreed to in the CBA; (10) establishes clear enforcement processes to address a failure to fulfill a commitment that was agreed to; (11) addresses the mechanism through which any disbursement agreed to in the CBA will be held and dispersed, such as through a trust fund or similar instrument; and (12) if the CBA involves tribal lands or interests— (A) it must be negotiated on a government-to-government basis, in recognition of trust obligations and tribal sovereignty; and (B) the CBA may include compensation to a Tribe for legal costs incurred during negotiation (including legal, staffing, and consulting expenses). (c) Technical assistance (1) Upon request by a CBA partner, the lead agency may provide technical assistance to the CBA partner in developing and negotiating a community benefits agreement. (2) In providing technical assistance, the agency must utilize technical assistance providers who are neutral, culturally competent, third parties with experience developing CBAs. (d) Definitions In this section: (1) Authorization The term authorization means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of an infrastructure project. (2) CBA partner The term CBA partner means a State, a local unit of government, an Indian Tribe, a labor organization, or a community benefits organization. (3) Community benefits organization The term community benefits organization means an organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (B) is formed to protect the human health and environment of communities in the area in which a proposed the eligible project is to be carried out. (4) Eligible project The term eligible project means a project for the construction, modification, or operation of a clean energy facility. (5) Environmental document; lead agency The terms environmental document and lead agency have the meanings given such terms, respectively, in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). (6) Clean energy facility The term clean energy facility means a facility that— (A) uses wind, solar, or geothermal energy to generate energy; (B) transmits electricity to support wind, solar, or geothermal energy generation; or (C) stores energy.