[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4966 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4966
To require the Secretary of Energy to provide grants for energy
efficiency improvements and renewable energy improvements at public
school facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2021
Ms. Matsui (for herself, Ms. Barragan, Mr. Smith of Washington, Mr.
Huffman, Mr. Takano, and Mr. Bowman) introduced the following bill;
which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To require the Secretary of Energy to provide grants for energy
efficiency improvements and renewable energy improvements at public
school facilities, 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 ``Healthier and Greener Schools Act of
2021''.
SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY
IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
(a) Definitions.--In this section:
(1) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(2) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) 1 local educational agency; and
(B) 1 or more--
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the
knowledge and capacity to partner and assist
with energy improvements.
(3) Energy improvement.--The term ``energy improvement''
means--
(A) any improvement, repair, or renovation to a
school that results in a direct reduction in school
energy costs, including improvements to the envelope,
air conditioning system, ventilation system, heating
system, domestic hot water heating system, compressed
air system, distribution system, lighting system, power
system, and controls of a building;
(B) any improvement, repair, or renovation to, or
installation in, a school that leads to an improvement
in teacher and student health, including indoor air
quality, daylighting, ventilation, electrical lighting,
windows, roofing (including green roofs), outdoor
gardens, and acoustics;
(C) any improvement, repair, or renovation to a
school involving the installation of renewable energy
technologies (such as wind power, photovoltaics, solar
thermal systems, geothermal energy, hydrogen-fueled
systems, and hydropower); and
(D) the installation of zero-emissions vehicle
infrastructure on school grounds for--
(i) exclusive use of school buses, school
fleets, staff, faculty, or students; or
(ii) the general public.
(4) Environmental justice community.--The term
``environmental justice community'' means any population of
color, community of color, indigenous community, or low-income
community that experiences a disproportionate burden of adverse
human health or environmental effects, including with respect
to such effects that are the result of pollution or other
environmental hazards.
(5) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(7) Partnering local educational agency.--The term
``partnering local educational agency'', with respect to an
eligible entity, means the local educational agency
participating in the consortium of the eligible entity.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) Zero-emissions vehicle infrastructure.--The term
``zero-emissions vehicle infrastructure'' means infrastructure
used to charge or fuel--
(A) a zero-emission vehicle (as defined in section
88.102-94 of title 40, Code of Federal Regulations (or
successor regulation)); or
(B) a vehicle that produces zero exhaust emissions
of any criteria pollutant (or precursor pollutant) or
greenhouse gas under any possible operational mode or
condition.
(b) Grants.--The Secretary shall award competitive grants to
eligible entities to make energy improvements in accordance with this
section.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--The application submitted under paragraph
(1) shall include each of the following:
(A) A needs assessment of the current condition of
the school and school facilities that will receive the
energy improvements.
(B) A draft work plan of the intended achievements
of the eligible entity at the school.
(C) A description of the energy improvements that
the eligible entity will carry out at the school.
(D) A description of the capacity of the eligible
entity to provide services and comprehensive support to
make the energy improvements referred to in
subparagraph (C).
(E) An assessment of the expected needs of the
eligible entity for operation and maintenance training
funds, and a plan for use of those funds, if
applicable.
(F) An assessment of the expected energy efficiency
and safety benefits of the energy improvements.
(G) A cost estimate of the proposed energy
improvements.
(H) An identification of other resources that are
available to carry out the activities for which grant
funds are requested under this section, including the
availability of utility programs and public benefit
funds.
(d) Priority.--
(1) In general.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity that--
(A) serves students the majority of whom are
located in--
(i) an environmental justice community; or
(ii) a community that is affected by a
natural or man-made disaster;
(B) has renovation, repair, and improvement funding
needs; and
(C)(i) as determined by the Secretary, serves a
high percentage of students, including students in a
high school in accordance with paragraph (2), who are
eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.); or
(ii) the partnering local educational agency of
which is designated with a school district locale code
of 41, 42, or 43, as determined by the National Center
for Education Statistics in consultation with the
Bureau of the Census.
(2) High school students.--In the case of students in a
high school, the percentage of students eligible for a free or
reduced price lunch described in paragraph (1)(C)(i) shall be
calculated using data from the schools that feed into the high
school.
(e) Competitive Criteria.--The competitive criteria used by the
Secretary to award grants under this section shall include the
following:
(1) The extent of the disparity between the fiscal capacity
of the eligible entity to carry out energy improvements at
school facilities and the needs of the partnering local
educational agency for those energy improvements, including
consideration of--
(A) the current and historic ability of the
partnering local educational agency to raise funds for
construction, renovation, modernization, and major
repair projects for schools;
(B) the ability of the partnering local educational
agency to issue bonds or receive other funds to support
the current infrastructure needs of the partnering
local educational agency for schools; and
(C) the bond rating of the partnering local
educational agency.
(2) The likelihood that the partnering local educational
agency or eligible entity will maintain, in good condition, any
school and school facility that is the subject of improvements.
(3) The potential energy efficiency, greenhouse gas
reduction, resilience, and safety benefits from the proposed
energy improvements.
(f) Use of Grant Amounts.--
(1) In general.--Except as provided in this subsection, an
eligible entity receiving a grant under this section shall use
the grant amounts only to make the energy improvements
described in the application submitted by the eligible entity
under subsection (c).
(2) Additional funds.--An eligible entity receiving a grant
under this section may combine the grant with additional funds,
including other Federal funds, State or local funds, and
private funds (including any private funds provided in an
energy saving performance contract), provided that the eligible
entity meets any requirements the Secretary may establish
relating to tracking and reporting use of grant funds
separately from such additional funds.
(3) Operation and maintenance training.--An eligible entity
receiving a grant under this section may use not more than 5
percent of the grant amounts for operation and maintenance
training for energy efficiency and renewable energy
improvements, such as maintenance staff and teacher training,
education, and preventative maintenance training.
(4) Third-party investigation and analysis.--An eligible
entity receiving a grant under this section may use a portion
of the grant amounts for a third-party investigation and
analysis of the energy improvements carried out by the eligible
entity, such as energy audits and existing building
commissioning.
(5) Continuing education.--An eligible entity receiving a
grant under this section may use not more than 3 percent of the
grant amounts to develop a continuing education curriculum
relating to energy improvements.
(g) Competition in Contracting.--If an eligible entity receiving a
grant under this section uses grant funds to carry out repair or
renovation through a contract, the eligible entity shall be required to
ensure that the contract process--
(1) through full and open competition, ensures the maximum
practicable number of qualified bidders, including small,
minority, and women-owned businesses; and
(2) gives priority to businesses located in, or resources
common to, the State or geographical area in which the repair
or renovation under the contract will be carried out.
(h) Best Practices.--The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(i) Report by Eligible Entity.--An eligible entity receiving a
grant under this section shall submit to the Secretary, at such time as
the Secretary may require, a report describing--
(1) the use of the grant funds for energy improvements;
(2) the estimated cost savings realized by those energy
improvements;
(3) the results of any third-party investigation and
analysis conducted relating to those energy improvements;
(4) the use of any utility programs and public benefit
funds; and
(5) the use of performance tracking for energy
improvements, such as the Energy Star program established under
section 324A or the United States Green Building Council
Leadership in Energy and Environmental Design (LEED) green
building rating system for operations and maintenance.
(j) Wage Rate 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) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
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.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2022 through 2026.
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