[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4542 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4542
To direct the Secretary of Energy to provide grants for energy
improvements to certain public buildings, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2021
Ms. Velazquez (for herself, Ms. Jackson Lee, Mr. Jones, Ms. Norton, Mr.
Bowman, Mr. Espaillat, Ms. Moore of Wisconsin, and Mr. Sires)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to provide grants for energy
improvements to certain public buildings, 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. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Public Buildings
Act of 2021''.
SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY
IMPROVEMENTS FOR PUBLIC BUILDINGS.
(a) Definitions.--In this section:
(1) Eligible building.--The term ``eligible building''
means a--
(A) public library;
(B) public hospital;
(C) community center; or
(D) State or local government building.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a local government;
(C) a nonprofit organization that owns or operates
an eligible building;
(D) a nongovernmental organization, including a
nonprofit organization, with expertise related to
energy improvements; or
(E) a consortium of entities described in
subparagraphs (A) through (D).
(3) Energy improvement.--The term ``energy improvement''--
(A) means any improvement, repair, or renovation to
an eligible building--
(i) that will directly result in a
reduction in building energy costs of at least
20 percent, including improvements to building
envelope, air conditioning, ventilation,
heating system, domestic hot water heating,
compressed air systems, distribution systems,
lighting, power systems, and controls; and
(ii) that leads to an improvement in
building occupant health, including improvement
in indoor air quality, daylighting,
ventilation, electrical lighting, and
acoustics; and
(B) may include the installation of a renewable
energy technology (such as wind power, photovoltaics,
solar thermal systems, geothermal energy, energy
storage, and hydropower) to an eligible building that
meets the requirements of subparagraph (A).
(4) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(5) EJSCREEN.--The term ``EJSCREEN'' means the
environmental justice mapping and screening tool created by the
Environmental Protection Agency.
(6) EJ index.--The term ``EJ Index'' means the
Environmental Justice Indexes in EJSCREEN.
(7) Medically underserved community.--The term ``medically
underserved community'' has the meaning given such term in
section 799B of the Public Health Service Act (42 U.S.C. 295p).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) Underserved community.--The term ``underserved
community'' means--
(A) a community located within a ZIP Code or census
tract that is identified by the Secretary as--
(i) a low-income community;
(ii) a community of color; or
(iii) a Tribal community; or
(B) any other community that the Secretary
determines is disproportionately vulnerable to, or
bears, a disproportionate burden of, any combination of
economic, social, environmental, or climate stressors.
(b) Authority.--From amounts made available to carry out this
section, the Secretary shall provide competitive grants to eligible
entities to make energy improvements authorized by this section.
(c) Priority.--In providing grants under this section, the
Secretary shall give priority to eligible entities that will carry out
energy improvements--
(1) in an environmental justice community;
(2) in a neighborhood with poverty and unemployment rates
that exceed the average in the United States;
(3) in a neighborhood where 30 percent or more of
households receive benefits under--
(A) the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008; or
(B) a mandatory spending program of the Federal
Government for which, as determined by the Secretary,
eligibility for the program's benefits, or the amount
of such benefits, is determined on the basis of income
or resources of the individual or family seeking the
benefit;
(4) in an underserved community or a medically underserved
community;
(5) in an EPA region where the EJ Index is above the
national average, as determined by EJSCREEN; or
(6) in an environmental justice community, as documented by
federally recognized environmental justice mapping and equity
screening tools.
(d) Competitive Criteria.--The competitive criteria used by the
Secretary in providing grants under this section shall include the
following:
(1) The fiscal capacity of the eligible entity to meet the
needs for improvements of building facilities without
assistance under this section, including the ability of the
eligible entity to finance the applicable project through the
use of local bonding capacity, energy performance contracting,
if applicable, or other means determined appropriate by the
Secretary.
(2) The likelihood that the eligible entity will maintain,
in good condition, any building facility whose improvement is
assisted with a grant under this section.
(3) The potential energy efficiency and safety benefits for
building occupants from the proposed energy improvements.
(e) Applications.--To be eligible to receive a grant under this
section, an applicant shall submit to the Secretary an application that
includes each of the following:
(1) A needs assessment of the current condition of the
eligible building, or eligible buildings, that are to receive
the energy improvements.
(2) A draft work plan of what the applicant hopes to
achieve at eligible buildings and a description of the energy
improvements to be carried out.
(3) A description of the applicant's capacity to provide
services and comprehensive support to make the energy
improvements.
(4) An assessment of the applicant's expected needs for
operation and maintenance training funds, and a plan for use of
those funds, if any.
(5) An assessment of the expected energy efficiency and
safety benefits of the energy improvements.
(6) A cost estimate of the proposed energy improvements.
(f) Use of Grant Amounts.--
(1) In general.--Except as otherwise provided in this
subsection, an eligible entity that receives a grant under this
section shall use the grant amounts only to make the energy
improvements contemplated in the application for the grant.
(2) Operation and maintenance training.--An eligible entity
that receives a grant under this section may use up to 5
percent for operation and maintenance training for energy
efficiency and renewable energy improvements (such as
maintenance staff and building occupant training, education,
and preventative maintenance training).
(3) Audit.--An eligible entity that receives a grant under
this section may use funds for a third-party investigation and
analysis for energy improvements (such as energy audits and
existing building commissioning).
(g) Contracting Requirements.--
(1) Davis-bacon.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section shall
be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-Bacon
Act).
(2) Competition.--Each eligible entity that receives a
grant under this section shall ensure that, if the eligible
entity carries out repair or renovation through a contract, any
such contract process--
(A) ensures the maximum number of qualified
bidders, including small, minority, and women-owned
businesses, through full and open competition; and
(B) gives priority to businesses located in or
resources common to, the State or the geographical area
in which the project is carried out.
(h) Reporting.--
(1) Initial report.--Each eligible entity that receives a
grant under this section shall submit to the Secretary, at such
time as the Secretary may require, a report describing the--
(A) use of such funds for energy improvements,
including the type of eligible building involved;
(B) the estimated cost savings realized by such
energy improvements;
(C) the building occupant safety benefits as a
result of such energy improvements;
(D) the results of any standard or detailed energy
audit of the applicable eligible building; and
(E) the use of the Department of Energy's Energy
Star Program performance tracking for tracking such
energy improvements.
(2) Follow-up report.--Not later than 5 years after an
eligible entity completes energy improvements funded by a grant
received under this section, such eligible entity shall submit
to the Secretary a report describing the energy use and
reductions as a result of such energy improvements.
(3) DOE report.--The Secretary shall submit to Congress a
report summarizing the information in the reports submitted
under paragraphs (1) and (2).
(4) Best practices report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
develop and publish, including on the public website of the
Department of Energy, a report on the best practices for
eligible entities for activities carried out under this
section, including how to apply for a grant under this section,
including how to register with the Federal system of award
management and how to obtain and validate a Federal Data
Universal Number System.
(i) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section $1,000,000,000 for each of fiscal
years 2022 through 2026.
(2) Technical assistance and outreach.--Up to 10 percent of
amounts made available pursuant to paragraph (1) each fiscal
year may be used to provide technical assistance and outreach
to eligible entities.
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