[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2644 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2644
To provide direct funding to local, Tribal, and territorial governments
to establish Green New Deal programs and initiatives, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2021
Ms. Bush (for herself, Ms. Ocasio-Cortez, Mr. Bowman, Ms. Omar, Ms.
Norton, Mrs. Carolyn B. Maloney of New York, Ms. Wilson of Florida, Ms.
Williams of Georgia, Mr. Jones, Mr. Connolly, Ms. Jayapal, Mr. Raskin,
Ms. Newman, Ms. Barragan, Mr. Espaillat, Ms. Tlaib, Mr. Garcia of
Illinois, Ms. Lee of California, Mr. Vargas, Ms. Pressley, Mr. Cohen,
Mr. Torres of New York, Mr. Huffman, Ms. Schakowsky, Mr. Gomez, Ms.
Velazquez, and Mr. Thompson of California) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Transportation and Infrastructure,
Natural Resources, Agriculture, Financial Services, Education and
Labor, and the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide direct funding to local, Tribal, and territorial governments
to establish Green New Deal programs and initiatives, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Climate mitigation.--The term ``climate mitigation''
means policies and activities intended to reduce the greenhouse
gas forcing of the climate system.
(2) FPIC.--The term ``FPIC'' means free, prior, and
informed consent.
(3) Frontline community.--The term ``frontline community''
means a community with significant representation of
communities of color, low-income communities, deindustrialized
communities, fossil fuel communities, or Tribal and indigenous
communities, that experiences, or is at risk of experiencing,
higher or more adverse climate change, human health, or
environmental effects, as compared to other communities.
(4) Local government.--The term ``local government'' means
a territory or any unit of local government within a State or
territory, including a county, borough, municipality, city,
town, township, parish, local public authority, transit agency
(including multistate transit agencies), special district,
school district, intrastate district, council of governments,
any other instrumentality of local government.
(5) Local green new deal program proposal.--The term
``local Green New Deal program proposal'' means a proposal of a
local government or a Native American Nation that commits--
(A) to achieve zero greenhouse gas emissions, by
2030, through a fair and just transition for all
communities and workers;
(B) to create hundreds of good, high-wage jobs and
ensure prosperity and economic security for all people
of the local government or Native American Nation;
(C) to invest in the infrastructure and industry of
the local government to sustainably meet the challenges
of the 21st century;
(D) to secure for all people of the United States
for generations to come--
(i) clean air and water;
(ii) climate and community resiliency;
(iii) healthy and sustainably produced
food;
(iv) access to nature; and
(v) a sustainable environment; and
(E) to promote justice and equity by stopping
current, preventing future, and repairing historic
oppression of indigenous peoples, communities of color,
migrant communities, deindustrialized communities,
depopulated rural communities, the poor, low-income
workers, women, the elderly, the unhoused, people with
disabilities, incarcerated communities, and communities
experiencing police violence and youth.
(6) Native american nation.--The term ``Native American
Nation'' means--
(A) the governing body of any individually
identified and federally recognized Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
affiliated tribal group, or component reservation in
the list published pursuant to section 104(a) of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131(a));
(B) the governing body of any individually
identified Indian or Alaska Native Tribe, band, nation,
pueblo, village, community, affiliated tribal group, or
component reservation, excluding tribal corporations;
and
(C) a State recognized Tribe.
TITLE I--GREEN NEW DEAL FOR CITIES, COUNTIES, STATES, TRIBES, AND
TERRITORIES
SEC. 101. SHORT TITLE.
This Act may be cited as the ``Green New Deals for Cities Act of
2021''.
SEC. 102. GREEN NEW DEAL FOR CITIES, TOWNS, AND NATIVE AMERICAN
NATIONS.
(a) In General.--From amounts appropriated to carry out this title,
the Secretary of Housing and Urban Development, in coordination with
the Secretary of Energy, the Secretary of Labor, and the Office of
Domestic Climate Policy, shall be allocated directly to eligible local
or State entities in the same manner as amounts appropriated under
sections 602 and 603 of title VI of the Social Security Act (42 U.S.C.
801 et seq.), as applicable, to carry out eligible Green New Deal
projects.
(b) Use of Funds.--An eligible local or State entity receiving an
allocation under this section--
(1) may use such funds to carry out an eligible Green New
Deal project;
(2) shall allocate not less than 50 percent of such
allocation for projects related to climate mitigation;
(3) with respect to an eligible local or State entity that
includes at least 1 frontline community, shall ensure not less
than 50 percent of such allocation is invested in frontline
communities; and
(4) may not use such funds for--
(A) fossil fuel procurement, development,
infrastructure repair that would in anyway extend
lifespan or production capacity, or any related
subsidy;
(B) carbon capture and storage (CCS) or carbon
capture, utilisation, and storage (CCUS);
(C) direct air capture;
(D) the procurement of nuclear power;
(E) research and development;
(F) the establishment or advancement of carbon
markets, including cap and trade;
(G) geoengineering;
(H) highway expansion;
(I) road improvements or automobile infrastructure,
other than electric vehicle charging stations;
(J) industrial scale bioenergy, including biofuels,
biomass, and biogas, development or any related
subsidy; or
(K) any investments or projects supporting law
enforcement, immigration detention centers, and
prisons, including buildings and vehicles under the
control of law enforcement or a prison.
(c) Requirement.--As a condition of accepting an allocation
provided under this section, an eligible local or State entity shall
agree to take steps, in consultation with community groups and tenant
advocates, to secure existing housing in neighborhoods receiving
benefits from an allocation under this section, including through the
use of rent control, rent stabilization, and other methods to prevent
gentrification and stabilize property values.
(d) Consultation.--In carrying out the program established under
subsection (a), the Secretary shall consult with Administration of the
Environmental Protection Agency, the Assistant Secretary of the Bureau
of Indian Affairs, and the Council on Environmental Quality.
(e) Native American FPIC.--Prior to the authorization of any
project on land that may affect a Native American Nation, the Secretary
shall ensure that such Nation has given FPIC.
(f) Material Requirement.--In carrying out any eligible Green New
Deal project that uses renewable energy materials, an eligible local or
State entity shall use only renewable energy materials from Initiative
for Responsible Mining Assurance (IRMA) certified mines.
(g) Community Involvement.--In carrying out any eligible Green New
Deal project, an eligible local or State entity shall develop a public
participation plan to establish steps for ensuring decision-making
inclusion of frontline communities for such eligible Green New Deal
project.
(h) Definitions.--In this section:
(1) Eligible local or state entity.--The term ``eligible
local or State entity'' means a State, local government, or
Native American Nation that has a local Green New Deal program
proposal.
(2) Eligible green new deal project.--The term ``eligible
Green New Deal project'' includes a project and associated
labor--
(A) for solar power procurement, installation,
maintenance, and operations;
(B) for wind power procurement, installation,
maintenance, coating, and operations;
(C) to carry out an American Society of Heating,
Refrigerating, and Air Conditioning Engineers (ASHRAE)
level II audit for commercial buildings;
(D) to procure dialysis machines or other equipment
known to save lives of the most vulnerable populations
in extreme weather events that may cause power outages;
(E) to provide grants for acquisition of private
lands by Native American Land Trusts, nations, and
Tribes;
(F) to build electrification for heating, hot
water, and cooking;
(G) for public electric vehicle procurement;
(H) to build capacity for communities to endure
extreme weather events, such as investments to cooling
and heating centers and disaster preparedness;
(I) for community farming initiatives that promote
and foster food sovereignty;
(J) to procure, install, and operate geothermal
power;
(K) for phasing out existing fossil fuel
infrastructure;
(L) for testing of soils and waters in parks,
playgrounds, and other sites for hazardous and
radioactive wastes as well as dangerous chemicals,
including PFAS;
(M) for the establishment of local Worker and
Community Protection Funds (WCPF) to support fossil
fuel workers, families of such workers, and impacted
communities in the energy transition;
(N) to repair gas pipeline leaks and cover orphan
wells, so long as such pipelines and wells in no way
expand fossil fuel production;
(O) to build, expand, and maintain public parks,
trails, forests, and recreation sites;
(P) for installation of weatherization and
efficiency measures, including reflecting coatings;
(Q) for adaptation measures;
(R) to procure and install electric vehicle
charging stations;
(S) to remediate lead paint, mold, and asbestos;
(T) to support reparations programs for Black and
Indigenous people and communities;
(U) for investment in new or improved public green
space, parks, playgrounds, or community gardens;
(V) for the zero energy construction or improvement
of public or rent-secured housing or community land
trusts;
(W) to provide, electrify, improve, expand,
maintain, or operate public transit and public school
buses;
(X) for remediation of a brownfield;
(Y) for air quality monitoring;
(Z) for pollution cleanup;
(AA) to procure, install, and maintain clean
drinking water infrastructure piping and transmission
lines, including replacing lead pipelines;
(BB) for public utility procurement, modernization,
and decarbonization;
(CC) for wetland, forest, and public land
revitalization and other climate adaptation measures;
(DD) for public sanitation, broadband, and utility
expansion for frontline communities;
(EE) for community solar power;
(FF) to construct and improve bike and pedestrian
infrastructure, including bus stops and any
improvements to transit infrastructure to comply with
the Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(GG) for restoring public lands, watersheds,
coastal areas, wildlife corridors, and other critical
ecosystems, including investment in county and city
parks and Tribal management of public lands;
(HH) for temporary housing for low-income families
receiving housing improvements; or
(II) for conservation projects on family farms,
including water conservation projects, shelterbelts,
and ecosystem restoration efforts.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out this title, there is authorized to be
appropriated out of the general fund of the Treasury--
(1) $400,000,000,000 for fiscal year 2022;
(2) $300,000,000,000 for fiscal year 2023;
(3) $200,000,000,000 for fiscal year 2024; and
(4) $100,000,000,000 for fiscal year 2025.
TITLE II--LABOR STANDARDS
SEC. 201. LABOR STANDARDS REQUIREMENTS.
(a) In General.--The Secretary of Labor shall require an eligible
local or State entity under section 102, as a condition of receiving a
grant under such section, to satisfy each of the following
requirements:
(1) The entity shall ensure that all laborers and mechanics
employed by contractors and subcontractors in the performance
of any applicable project shall be paid wages at rates not less
than those prevailing on projects of a similar character in the
locality as determined by the Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'').
(2) The entity shall give preference to local and equitable
hiring and contracting that creates opportunities for--
(A) people of color;
(B) immigrants, regardless of immigration status;
(C) formerly incarcerated individuals;
(D) women;
(E) LGBTQIAP+ individuals;
(F) disabled and chronically ill individuals;
(G) marginalized communities; and
(H) BIPOC employee-owned businesses and co-ops.
(3) The entity shall be a party to, or require contractors
and subcontractors in the performance of any applicable project
to consent to, a covered project labor agreement, as long as
the entity demonstrates that such agreement protects or
furthers its proprietary interest in the project.
(4) The entity, and all contractors and subcontractors in
performance of any applicable project, shall abide by
prevailing wage standards, prioritize Project Labor Agreements,
and prioritize local hiring and targeted hiring provisions.
(5) The entity, and all contractors and subcontractors in
the performance of any applicable project, shall not require
mandatory arbitration for any dispute involving a worker
engaged in a service for the entity.
(6) The entity, and all contractors and subcontractors in
the performance of any applicable project, shall consider an
individual performing any service in such performance as an
employee (and not an independent contractor) of the entity,
contractor, or subcontractor, respectively, unless--
(A) the individual is free from control and
direction in connection with the performance of the
service, both under the contract for the performance of
the service and in fact;
(B) the service is performed outside the usual
course of the business of the entity, contractor, or
subcontractor, respectively; and
(C) the individual is customarily engaged in an
independently established trade, occupation,
profession, or business of the same nature as that
involved in such service.
(7) The entity shall prohibit the employees of all
contractors and subcontractors in the performance of any
applicable project from hiring employees through a temporary
staffing agency unless the relevant State workforce agency
certifies that temporary employees are necessary to address an
acute, short-term labor demand. The entity may not prohibit the
use of certified union hiring halls.
(8) The entity shall require all contractors,
subcontractors, successors in interest of the entity, and other
entities that may acquire the entity, in the performance or
acquisition of any applicable project, to have--
(A) an explicit policy of neutrality with regard
to--
(i) labor organizing for the employees of
the contractor or subcontractor employed in the
performance of the eligible project; and
(ii) such employees' choice to form and
join labor organizations; and
(B) policies that require--
(i) the posting and maintenance of notices
in the workplace to such employees of their
rights under the National Labor Relations Act
(29 U.S.C. 151 et seq.); and
(ii) that such employees are, at the
beginning of their employment in the
performance of the eligible project, provided
notice and information regarding the employees'
rights under such Act.
(9) The entity shall, for each skilled craft employed on
any applicable project, demonstrate an ability to use and
commit to use individuals enrolled in a Department of Labor
registered apprenticeship program under subpart A of part 29 of
title 29, Code of Federal Regulations, which such individuals
shall, to the greatest extent practicable, constitute not less
than 20 percent of the individuals working on such project.
(10) The entity shall fund and utilize, and, where
appropriate, establish, a robust pre-apprenticeship and
workforce development program, to serve BIPOC communities, in
consultation with appropriate labor organizations.
(11) The entity, and all contractors and subcontractors in
the performance of any applicable project, shall not request or
otherwise consider the criminal history of an applicant for
employment before extending a conditional offer to the
applicant, unless--
(A) a background check is otherwise required by
law; or
(B) the Secretary, in consultation with the
Secretary of Energy, certifies that precluding criminal
history prior to the conditional offer would pose a
threat to national security.
(12) The entity shall exclude companies that have been
found guilty of wage theft or Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.) safety violations.
(b) Davis-Bacon Act.--The Secretary of Labor shall have, with
respect to the labor standards described in subparagraph (A)(i), the
authority and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40,
United States Code.
SEC. 202. BUY AMERICA REQUIREMENTS.
(a) In General.--For all goods and materials an entity purchases in
whole or in part with funds provided by this Act, the entity shall be
required to comply with, and ensure compliance by all contractors,
subcontractors, and suppliers of contractors of, the domestic content
provisions of the section 5323(j) of title 49, United States Code, and
all applicable Federal labor and employment laws.
(b) Inclusive Procurement Policies.--Notwithstanding any federal
laws or regulations to the contrary, the entity may adhere to an
inclusive procurement policy for all goods and materials that are part
of any project funded in whole or in part by this Act that includes any
of the following:
(1) Greater domestic content than is required by Federal
law.
(2) A disclosure and evaluation of the embedded carbon
emissions of all industrial products.
(3) Requirements for disclosure by the contractors,
subcontractors, and suppliers of contractors of--
(A) wages and benefits of employees of the
contractor, subcontractor, and suppliers;
(B) training program commitments for employees and
potential employees; and
(C) targeted hiring commitments for members of
disadvantaged communities, including veterans, women,
low-income populations, and formerly incarcerated
individuals.
(4) Job quality evaluation and incentives.
(5) Job quality commitment enforcement, including contract
enforcement provisions for adherence to job quality
commitments.
(6) Transparency to the public of job quality commitments
and adherence to such commitments.
<all>