[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2259 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2259
To require the Secretary of Education to establish a Climate Change
Resilience Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2021
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the Secretary of Education to establish a Climate Change
Resilience Program, 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 ``Resilient Schools Act of 2021''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The climate crisis is a current and future danger, and
will affect students' learning opportunities if schools are not
resilient to climate disasters.
(2) In order to create a conducive learning environment,
schools will need to be resilient to current and future climate
disasters.
(3) Students who live in communities that are most at risk
to climate disasters are at higher risk of losing school days
to those disasters.
(4) Students need climate-disaster safe buildings to ensure
that they are able to keep learning in the face of climate
disasters.
(5) School resiliency provides an opportunity to create
broader climate resiliency in the surrounding community.
(6) Public schools, more so than any other widely dispersed
institution in the United States, lie within frontline
communities, low-income communities, and communities of color.
SEC. 3. DEFINITIONS.
In this Act:
(1) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all people,
regardless of race, color, culture, national origin, or income,
with respect to the development, implementation, and
enforcement of policies and projects to ensure that each person
enjoys the same degree of protection from the adverse effects
of climate change.
(2) Community resiliency center.--The term ``community
resiliency center'' means a center that provides community
resources and improves disaster preparedness, response, or
recovery in the community and--
(A) may conduct, or provide space for, targeted
activities such as helping reach community members not
well-served by existing resources or preparedness
programs, and serving as a shelter or communications
center in emergencies, distributing food, energy and
other basic needs during or after a disaster, and
enabling faster recovery through connecting community
members with services; and
(B) may distribute food, energy, or other basic
needs on an ongoing basis.
(3) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people, regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access to any Federal agency action on
justice issues related to the environment in order to
have a healthy environment in which to live, learn,
work, and recreate.
(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 as compared to
other communities.
(5) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State educational
agency'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. CLIMATE CHANGE RESILIENCY PROGRAM.
The Secretary shall establish a Climate Change Resiliency Program
to--
(1) increase the resiliency of the United States public
school system during--
(A) climate change-related events and natural
disasters, including extreme weather events, droughts,
hurricanes, coastal and inland flooding, sea level
rise, increased storm surge, wildfires, mudslides,
extreme temperatures, tornadoes, earthquakes, and
volcanos; and
(B) public health crises;
(2) increase the ability of the United States public school
system to advance climate justice and environmental justice by
serving as community resiliency centers;
(3) build partnerships among local businesses, labor
unions, apprenticeship programs, nonprofit organizations, and
educators to facilitate applied STEM and social science
learning opportunities related to climate resiliency for
students and create local jobs; and
(4) prioritize public educational institutions as centers
of innovation and pathways to green collar jobs through
investments in vocational and technical education in public
schools that connect to labor organization apprenticeships and
other high-road jobs.
SEC. 5. GRANT PROGRAM.
(a) In General.--As part of the Climate Change Resiliency Program
established under section 4, the Secretary shall establish a program to
make grants to State educational agencies, in partnership with local
educational agencies and local nonprofit organizations, for the
development and implementation of Statewide, regional, or local climate
resiliency plans or climate resiliency projects for kindergarten
through grade 12 public schools, with the aim of enabling public
schools to serve as community resiliency centers.
(b) Climate Resiliency Plans and Projects.-- Each climate
resiliency plan or climate resiliency project under subsection (a)
shall include 1 or more of the following depending on the needs of the
schools and surrounding communities to be served:
(1) Improvements to school buildings and grounds, including
projects such as--
(A) securing and insulating the school envelope,
ensuring that the school building can maintain a
habitable temperature, and avoid catastrophic damage
during climate disasters and power outages;
(B) improving air conditioning, monitoring, and
purifying via installation of high-efficiency heat
pumps that provide both cooling and heating, air
purifiers, air filtration systems, and air quality
monitoring systems integrated with energy systems and
energy efficiency considerations in preparation for
future natural hazards and public health crises such as
wildfire, smog, extreme heat events, and pandemics;
(C) providing integrated solutions that combine any
measures related to efficiency, temperature control,
air quality, toxic substance remediation, energy
storage, and renewable energy;
(D) installing on-site distributed generation that
combines energy efficient devices, energy storage, and
renewable energy to allow the school to access
essential energy during power outages and optimize use
of on-site and off-site energy sources for emissions
reductions;
(E) upgrading school kitchen facilities to support
the preparation of scratch-cooked student meals that
use whole ingredients and are rich in fruits,
vegetables, legumes, and whole grains;
(F) projects that generate and maintain publicly
accessibly integrated sustainability data and building
management platforms;
(G) improving walkability and accessibility on
school grounds and in school buildings; and
(H) acquiring relevant disaster response equipment
and carrying out disaster response training.
(2) Green infrastructure projects and projects to increase
food supply resiliency, such as--
(A) wetlands, drainage ponds, and any other green
infrastructure to protect schools from projected severe
effects with respect to extreme weather, natural
disasters, or climate change-related events, including
sea-level rise, flooding, and increased risk of
wildfire;
(B) green rooftops, walls, and indoor plantings,
particularly those that can provide temperature
management and air quality improvements;
(C) tree plantings and green playgrounds that, at
appropriate times, can act as a green space for the
community;
(D) community gardens that may be used by the
school to provide healthy food for students or by the
community to provide healthy food for community
residents;
(E) procurement of local, organic, and sustainably-
produced food, including a focus on healthy, plant-
based options; and
(F) large scale food composting operations, and
other projects to reduce single-use plastic and promote
zero-waste options.
(3) Projects to enable remote learning in the event that a
school building is unusable due to a natural disaster, climate-
or climate-change related event, severe weather, or infectious
disease outbreaks.
(4) Projects for climate resiliency education, including
STEM and social science education and career preparation, such
as projects that combine upgrades to school buildings and
grounds with career and technical education opportunities.
(5) Any other type of plan or project carried out by the
State educational agency that the Secretary determines will
increase the resiliency of a school or school infrastructure
provided, operated, or owned by the State educational agency
with respect to the events described in section 4(1).
(c) Priority.--The Secretary shall develop metrics to evaluate
grant applications and give priority to applications for climate
resiliency plans or climate resiliency projects that focus on improving
schools in neighborhoods that experience low air quality, lack green
space and healthy food, bear higher cumulative pollution burdens, or
are at high risk of experiencing the adverse effects of climate change.
(d) Components.--The Secretary, directly or through partnerships
with States and nonprofit organization, shall provide technical
assistance to support grantees in developing and implementing climate
resiliency plans or climate resiliency projects that--
(1) provide hands-on education and applied STEM and social
science learning opportunities to students;
(2) demonstrate a commitment to provide job training,
apprenticeship programs, and contracting opportunities to
residents and small businesses owned by residents of the
community that the school serves;
(3) identify and further community priority actions and
conduct robust community engagement;
(4) utilize climate change data for a proactive solutions;
(5) employ nature-based solutions that focus on protection,
restoration, or management of ecological systems to safeguard
public health, provide clean air and water, increase natural
hazard resilience, and sequester carbon;
(6) increase equitable outcomes for and support strong
partnerships with environmental justice communities and climate
vulnerable populations;
(7) achieve broad and multiple community benefits; and
(8) monitor project success and maintaining the project
into the future.
(e) Existing Initiatives.--The Secretary may encourage and give
priority to climate resiliency plans or climate resiliency projects
that integrate with and inform existing sustainability initiatives,
such as the Department of Education Green Ribbon Schools program.
(f) Environmental Health.--The Secretary may develop and encourage
metrics to support consistent reporting of environmental health best
practices and other outcomes.
(g) Coordination With Environmental Protection Agency.--The
Secretary shall coordinate with the Administrator of the Environmental
Protection Agency to provide technical guidance or assistance to State
educational agencies in designing and carrying out climate resiliency
plans or climate resiliency projects funded by the grant program as
they relate to healthy schools.
(h) Coordination With Department of Energy.--The Secretary shall
coordinate with the Secretary of Energy to develop metrics to evaluate
grant applications and provide technical assistance to State and local
educational agencies in designing and carrying out climate resiliency
plans or climate resiliency projects.
(i) Environmental Justice Communities.--The Secretary shall ensure
that not less than 50 percent of funds awarded under this section are
used for projects located in environmental justice communities.
(j) Wage Rate Requirements.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by a grant under
this section 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 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) Use of American Iron, Steel, and Manufactured Products.--
(1) Definitions.--In this subsection:
(A) Manufactured product.--The term ``manufactured
product'' means any construction material or end
product (as those terms are defined in part 25.003 of
the Federal Acquisition Regulation) that is not an iron
or steel product, including--
(i) electrical components; and
(ii) non-ferrous building materials,
including aluminum, polyvinylchloride, glass,
fiber optics, plastic, wood, masonry, rubber,
manufactured stone, any other non-ferrous
metals, and any unmanufactured construction
material.
(B) Produced in the united states.--The term
``produced in the United States'' means the following:
(i) When used with respect to a
manufactured product, the product was
manufactured in the United States and the cost
of the components of that product that were
mined, produced, or manufactured in the United
States exceeds 60 percent of the total cost of
all components of the product.
(ii) When used with respect to iron or
steel products, or an individual component of a
manufactured product, all manufacturing
processes for those iron or steel products or
components, from the initial melting stage
through the application of coatings, occurred
in the United States, except that the term does
not include--
(I) steel or iron material or
products manufactured abroad from semi-
finished steel or iron from the United
States; or
(II) steel or iron material or
products manufactured in the United
States from semi-finished steel or iron
of foreign origin.
(2) Requirements.--A State that receives funds under this
section shall ensure that any iron, steel, and manufactured
products used in a project carried out with those funds are
produced in the United States.
(3) Waiver authority.--
(A) In general.--The Secretary may waive the
requirement under paragraph (2) if the Secretary
determines that--
(i) applying the requirement would be
inconsistent with the public interest;
(ii) iron, steel, and manufactured products
produced in the United States are not produced
in a sufficient and reasonably available
quantity or are not of a satisfactory quality;
or
(iii) using iron, steel, and manufactured
products produced in the United States will
increase the cost of the applicable overall
project by more than 25 percent.
(B) Publication.--Before issuing a waiver under
subparagraph (A), the Secretary shall publish in the
Federal Register a detailed written explanation of the
waiver determination.
(4) Consistency with international agreements.--This
subsection shall be applied in a manner consistent with the
obligations of the United States under international
agreements.
SEC. 6. REPORT.
Not later than 2 years after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit to Congress a report
that evaluates the effectiveness of the activities carried out under
this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Department of Education to carry out this Act $4,000,000,000 for each
of fiscal years 2022 through 2032.
(b) Limitation.--Not more than 5 percent of the funds appropriated
to carry out this Act shall be used for projects described in section
5(b)(3).
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