[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1449 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1449
To direct the Secretary of Energy to carry out a grant program to
improve the energy resilience, energy democracy, and security of
communities, prioritizing environmental justice communities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 21, 2025
Ms. Barragan (for herself, Ms. Clarke of New York, Mr. Johnson of
Georgia, Mr. Cleaver, Mr. Carson, Mr. Carter of Louisiana, Ms.
Bonamici, Mr. Khanna, Ms. Tlaib, Mr. Cohen, Mr. Tonko, Mr. Mullin, Ms.
Norton, Mr. Nadler, Ms. Stansbury, Ms. Jayapal, Ms. Scanlon, Mr.
Grijalva, Mr. Case, Mr. Huffman, Mr. Moskowitz, Ms. Tokuda, Ms. Ocasio-
Cortez, Mr. Quigley, Mr. Thanedar, Ms. Salinas, Ms. Pingree, Mr.
Olszewski, Ms. Castor of Florida, Ms. Ansari, and Ms. Matsui)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Science,
Space, and Technology, 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 direct the Secretary of Energy to carry out a grant program to
improve the energy resilience, energy democracy, and security of
communities, prioritizing environmental justice communities, 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 Resilient Communities Act''.
SEC. 2. CLEAN ENERGY MICROGRID GRANT PROGRAM.
(a) In General.--The Secretary of Energy shall establish and carry
out a program to provide grants to eligible entities.
(b) Use of Funds.--An eligible entity may use a grant provided
under the program established pursuant to subsection (a) to--
(1) obtain technical assistance to--
(A) upgrade building codes and standards for
resiliency to climate change hazards (including
wildfires, flooding, sea level rise, landslides,
drought, storms, temperature extremes, and other
extreme weather events);
(B) develop a FEMA Hazard Mitigation Plan to
identify and overcome known climate change hazards to
critical community infrastructure; or
(C) conduct a needs assessment of prospective clean
energy microgrid projects and, as applicable, design
prospective clean energy microgrids, including
assistance to address permitting and siting challenges,
understand and facilitate financing options, and
understand the technical characteristics of clean
energy microgrids;
(2) provide community outreach and collaborative planning
with respect to a prospective project described in paragraph
(3); or
(3) carry out a project to develop and construct--
(A) a clean energy microgrid that supports critical
community infrastructure; or
(B) a clean energy microgrid for residences of
medical baseline customers.
(c) Priority.--
(1) In general.--In providing grants under the program
established pursuant to subsection (a), the Secretary of Energy
shall give priority to an eligible entity that proposes to use
a grant to obtain technical assistance described in subsection
(b)(1), provide outreach described in subsection (b)(2), or
carry out a project described in subsection (b)(3), that will
benefit an environmental justice community.
(2) Technical assistance and community outreach grants.--
After priority given under paragraph (1), in providing grants
to obtain technical assistance described in subsection (b)(1)
or provide outreach described in subsection (b)(2), the
Secretary of Energy shall give priority to an eligible entity
proposing to obtain technical assistance or provide outreach
that the Secretary of Energy determines will further the
development of clean energy microgrids that are community-owned
energy systems.
(3) Clean energy microgrid grants.--After priority given
under paragraph (1), in providing grants under the program
established pursuant to subsection (a) for projects described
in subsection (b)(3), the Secretary of Energy shall give
priority to an eligible entity that--
(A) proposes to develop and construct a clean
energy microgrid that, in comparison to other clean
energy microgrids for which grants are sought under
such program, will result in the greatest reduction--
(i) of greenhouse gas emissions;
(ii) of emissions of criteria air
pollutants;
(iii) in public health disparities in
communities experiencing a disproportionate
level of air pollution; or
(iv) in the energy cost burden for
communities;
(B) proposes to develop and construct a clean
energy microgrid that is a community-owned energy
system;
(C) proposes to develop and construct a clean
energy microgrid that, in comparison to other clean
energy microgrids for which grants are sought under
such program, will provide the greatest amount of
resiliency benefits to a jurisdiction in which the
microgrid is located;
(D) proposes to develop and construct a clean
energy microgrid that minimizes land use impacts by--
(i) siting sources of clean energy within
the already-built environment, including over
rooftops and parking lots;
(ii) siting sources of clean energy on
existing brownfield sites or contaminated
sites;
(iii) co-locating sources of clean energy
on agricultural lands or over reservoirs; or
(iv) siting sources of clean energy on
compatible lands;
(E) proposes to, in developing and constructing a
clean energy microgrid, utilize or involve small
businesses or nonprofits that primarily operate or are
located within environmental justice communities,
particularly those that are women-owned and operated or
minority-owned and operated;
(F) has previously received a grant to obtain
technical assistance under such program;
(G) imposes registered apprentice utilization
requirements on projects, provided that such
requirements comply with the apprentice to journey
worker ratios established by the Department of Labor or
the applicable State Apprenticeship Agency; or
(H) proposes to develop and construct a clean
energy microgrid in an area designated nonattainment
and classified as an Extreme Area or Severe Area for
one or more criteria air pollutants.
(d) Educational Outreach Program.--
(1) In general.--Not later than 90 days after funds are
made available to carry out this section, the Secretary of
Energy shall develop and carry out an educational outreach
program to inform eligible entities about the program
established pursuant to subsection (a).
(2) Contracts.--The Secretary of Energy may enter into
third-party contracts to implement the educational outreach
program under paragraph (1). In entering into contracts
pursuant to this paragraph, the Secretary shall prioritize
entering into contracts with women-owned and operated or
minority-owned and operated entities.
(3) Priority.--The educational outreach program under
paragraph (1) shall prioritize--
(A) providing information on the program
established pursuant to subsection (a) to eligible
entities that serve an environmental justice community
and to environmental justice communities; and
(B) promoting public understanding of the community
benefits of clean energy microgrids for critical
community infrastructure.
(e) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of technical assistance, outreach, or
a project for which a grant is provided pursuant to the program
established pursuant to subsection (a) shall not exceed 60
percent of such cost.
(2) Environmental justice community.--The Federal share of
the cost of technical assistance that is obtained for, outreach
that is provided to, or a project that is carried out in, an
environmental justice community, and for which a grant is
provided pursuant to the program established pursuant to
subsection (a) shall not exceed 90 percent of such cost.
(f) Limitation on Amount.--The amount of a grant provided to an
eligible entity under this section to carry out a project described in
subsection (b)(3) may not exceed $10,000,000.
(g) Use of American Iron, Steel, and Manufactured Goods.--
(1) No funds authorized under this section shall be made
available with respect to a project unless all of the iron,
steel, and manufactured goods used in the project are produced
in the United States.
(2) Paragraph (1) shall not apply in any case or category
of cases in which the Secretary of Energy finds that--
(A) applying paragraph (1) would be inconsistent
with the public interest;
(B) iron, steel, and the relevant manufactured
goods are not produced in the United States in
sufficient and reasonably available quantities and of a
satisfactory quality; or
(C) inclusion of iron, steel, and manufactured
goods produced in the United States will increase the
cost of the overall project by more than 25 percent.
(3) If the Secretary of Energy receives a request for a
waiver under this subsection, the Secretary shall make
available to the public on an informal basis a copy of the
request and information available to the Secretary concerning
the request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based on
the request. The Secretary shall make the request and
accompanying information available by electronic means,
including on the official public website of the Department of
Energy.
(4) This subsection shall be applied in a manner consistent
with the United States obligations under international
agreements.
(h) Prevailing Wages.--All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration, or repair work assisted, in whole or in part, 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 in accordance with subchapter IV of chapter 31 of
title 40, United States Code. With respect to the labor standards in
this subsection, 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.
(i) Project Labor.--An eligible entity that uses a grant provided
under this section to construct a clean energy microgrid shall ensure,
to the greatest extent practicable, that any subgrantee of such
eligible entity, and any subgrantee thereof, that carries out such
construction employs at least 40 percent of laborers or mechanics for
such construction that are individuals who--
(1) are domiciled, if the applicable construction area is--
(A) a major urban area, not further than 15 miles
from such construction area; or
(B) not a major urban area, not further than 50
miles from such construction area;
(2) are displaced and unemployed energy workers;
(3) are members of the Armed Forces serving on active duty,
separated from active duty, or retired from active duty;
(4) have been incarcerated or served time in a juvenile or
adult detention or correctional facility, or been placed on
probation, community supervision, or in a diversion scheme;
(5) have a disability;
(6) are homeless;
(7) are receiving public assistance;
(8) lack a general education diploma or high school
diploma;
(9) are emancipated from the foster care system;
(10) reside or work in an environmental justice community;
or
(11) are registered apprentices with fewer than 15 percent
of the required graduating apprentice hours in a program.
(j) Reports.--The Secretary of Energy shall submit to Congress, and
make available on the public website of the Department of Energy, an
annual report on the program established pursuant to subsection (a)
that includes, with respect to the previous year--
(1) the number of grants provided;
(2) the total dollar amount of all grants provided;
(3) a list of grant disbursements by State;
(4) for each grant provided--
(A) a description of the technical assistance
obtained, outreach provided, or project carried out
with grants funds; and
(B) whether the grant is provided to obtain
technical assistance, provide outreach, or carry out a
project with respect to an environmental justice
community; and
(5) for each grant provided to carry out a clean energy
microgrid project--
(A) employment data for such project, including the
number of jobs created and what percent of laborers and
mechanics hired for such project meet the criteria
under subsection (i);
(B) the greenhouse gas and criteria air pollutant
reduction impacts for such project;
(C) the public health benefits from such project;
and
(D) the reduced energy cost burden from such
project.
(k) Funding.--
(1) Authorization of appropriations.--For each of fiscal
years 2025 through 2034, there is authorized to be
appropriated--
(A) $50,000,000 for grants for technical assistance
described in subsection (b)(1) and outreach described
in subsection (b)(2); and
(B) $1,500,000,000 for grants for projects
described in subsection (b)(3).
(2) Community-owned energy systems.--To the maximum extent
practicable, not less than 10 percent of the amount
appropriated under paragraph (1)(B) for any fiscal year shall
be used to provide grants for projects to develop and construct
clean energy microgrids that are community-owned energy
systems.
(3) Administrative expenses.--
(A) Technical assistance and outreach.--The
Secretary may use not more than 2 percent of the amount
appropriated for any fiscal year under paragraph (1)(A)
for administrative expenses.
(B) Clean energy microgrid projects.--The Secretary
may use not more than 2 percent of the amount
appropriated for any fiscal year under paragraph (1)(B)
for administrative expenses, including expenses for
carrying out the educational outreach program under
subsection (d).
(l) Definitions.--In this section:
(1) Clean energy.--The term ``clean energy'' means electric
energy generated from solar, wind, geothermal, existing
hydropower, micro-hydropower, hydrokinetic, or hydrogen fuel
cells.
(2) 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 populations 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) Non-White Hispanic.
(G) Latino.
(H) Linguistically isolated.
(3) Community-owned energy system.--The term ``community-
owned energy system'' means an energy system owned--
(A) by the local government where the system is
located;
(B) by a nonprofit organization that is based in
the local jurisdiction where the energy system is
located;
(C) collectively, by community members; or
(D) by a worker-owned or community-owned for-profit
entity.
(4) Compatible land.--The term ``compatible land'' means
land that is at least 5 miles away from existing protected
areas and within 3 miles of existing transmission
infrastructure.
(5) Critical community infrastructure.--The term ``critical
community infrastructure'' means infrastructure that is
necessary to providing vital community and individual
functions, including--
(A) schools;
(B) town halls;
(C) public safety facilities;
(D) hospitals;
(E) health clinics;
(F) community centers;
(G) community nonprofit facilities providing
essential services;
(H) libraries;
(I) grocery stores;
(J) emergency management facilities;
(K) water systems;
(L) homeless shelters;
(M) senior housing; and
(N) public or affordable housing.
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a State, territory of the United States, or
Tribal agency;
(B) a local government or political subdivision of
a State, including a municipally owned electric utility
and an agency, authority, corporation, or
instrumentality of a State or Indian Tribe;
(C) an electric utility;
(D) a nonprofit organization; or
(E) a partnership between--
(i) a private entity, or a nonprofit
organization, that owns critical community
infrastructure; and
(ii) a State, territory of the United
States, Tribal agency, or local government.
(7) 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.
(8) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(9) Major urban area.--The term ``major urban area'' means
a metropolitan statistical area within the United States with
an estimated population that is greater than or equal to
1,500,000.
(10) Medical baseline customer.--The term ``medical
baseline customer'' means a customer of an electric utility
with special energy needs due to a medical condition, including
energy needs for--
(A) a motorized wheelchair;
(B) a ventilator;
(C) a dialysis machine;
(D) an apnea monitor;
(E) an electrostatic nebulizer;
(F) a respirator;
(G) medication requiring refrigeration; and
(H) for a customer with a vulnerable respiratory
system, an air cleaning system.
(11) Microgrid.--The term ``microgrid'' means an
interconnected system of loads and clean energy resources
(including distributed energy resources, energy storage, demand
response tools, and other management, forecasting, and
analytical tools) which--
(A) is appropriately sized to meet the critical
needs of its customers;
(B) is contained within a clearly defined
electrical boundary and has the ability to operate as a
single and controllable entity;
(C) has the ability to--
(i) connect to, disconnect from, or run in
parallel with the applicable grid region; or
(ii) be managed and isolated from the
applicable grid region in order to withstand
larger disturbances and maintain the supply of
electricity to a connected location;
(D) has no point of interconnection to the
applicable grid region with a throughput capacity in
excess of 20 megawatts; and
(E) can connect to one building or multiple
interconnected buildings.
(12) Micro-hydropower.--The term ``micro-hydropower'' means
hydropower that produces no more than 100 kilowatts of
electricity using the natural flow of water.
(13) Produced in the united states.--The term ``produced in
the United States'' means, in the case of iron or steel, that
all manufacturing processes, including the application of a
coating, occur in the United States.
(14) Registered apprentice.--The term ``registered
apprentice'' means a person in an apprenticeship program that
is registered with, and approved by, the United States
Department of Labor or a State Apprenticeship Agency in
accordance with parts 29 and 30 of title 29, Code of Federal
Regulations (as in effect on January 1, 2020).
(15) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' under section
3 of the Small Business Act (15 U.S.C. 632).
(16) Tribal and indigenous community.--The term ``Tribal
and indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; or
(D) any other community of indigenous people
located in a State.
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