H.R.3021 - 21st Century Green High-Performing Public School Facilities Act110th Congress (2007-2008)
|Sponsor:||Rep. Chandler, Ben [D-KY-6] (Introduced 07/12/2007)|
|Committees:||House - Education and Labor | Senate - Health, Education, Labor, and Pensions|
|Committee Reports:||H. Rept. 110-623|
|Latest Action:||08/01/2008 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (All Actions)|
|Roll Call Votes:||There have been 6 roll call votes|
This bill has the status Passed House
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Text: H.R.3021 — 110th Congress (2007-2008)All Bill Information (Except Text)
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Referred in Senate (08/01/2008)
[Congressional Bills 110th Congress] [From the U.S. Government Printing Office] [H.R. 3021 Referred in Senate (RFS)] 2d Session H. R. 3021 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 6, 2008 Received August 1, 2008 Read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``21st Century Green High-Performing Public School Facilities Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIES Sec. 101. Purpose. Sec. 102. Allocation of funds. Sec. 103. Allowable uses of funds. TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA Sec. 201. Purpose. Sec. 202. Allocation to States. Sec. 203. Allowable uses of funds. TITLE III--GENERAL PROVISIONS Sec. 301. Impermissible uses of funds. Sec. 302. Supplement, not supplant. Sec. 302A. Prohibition regarding State aid. Sec. 303. Maintenance of effort. Sec. 304. Special rule on contracting. Sec. 305. Special rule on use of iron and steel produced in the United States. Sec. 306. Application of GEPA. Sec. 307. Green Schools. Sec. 308. Reporting. Sec. 309. Authorization of appropriations. Sec. 310. Special rules. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Bureau-funded school'' has the meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021). (2) The term ``charter school'' has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965. (3) The term ``local educational agency''-- (A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965, and shall also include the Recovery School District of Louisiana and the New Orleans Public Schools; and (B) includes any public charter school that constitutes a local educational agency under State law. (4) The term ``outlying area''-- (A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (B) includes the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (5) The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (6) The term ``LEED Green Building Rating System'' means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System. (7) The term ``Energy Star'' means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency. (8) The term ``CHPS Criteria'' means the green building rating program developed by the Collaborative for High Performance Schools. (9) The term ``public school facilities'' includes charter schools. (10) The term ``Green Globes'' means the Green Building Initiative environmental design and rating system referred to as Green Globes. TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIES SEC. 101. PURPOSE. Grants under this title shall be for the purpose of modernizing, renovating, or repairing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to- date technologically. SEC. 102. ALLOCATION OF FUNDS. (a) Reservation.--From the amount appropriated to carry out this title for each fiscal year pursuant to section 309(a), the Secretary shall reserve 1 percent of such amount, consistent with the purpose described in section 101-- (1) to provide assistance to the outlying areas; and (2) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. (b) Allocation to States.-- (1) State-by-state allocation.--Of the amount appropriated to carry out this title for each fiscal year pursuant to section 309(a), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year. (2) State administration.--A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this title, including-- (A) providing technical assistance to local educational agencies; (B) developing within 6 months of receiving its allocation under paragraph (1) a plan to develop a database that includes an inventory of public school facilities in the State and the modernization, renovation, and repair needs of, energy use by, and the carbon footprint of such schools; and (C) developing a school energy efficiency quality plan. (3) Grants to local educational agencies.--From the amount allocated to a State under paragraph (1), each local educational agency in the State that meets the requirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of that Act for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under part A of title I of that Act for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this title. (4) Special rule.--Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 shall not apply to paragraph (1) or (3). (c) Special Rules.-- (1) Distributions by secretary.--The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 30 days after an appropriation of funds for this title is made. (2) Distributions by states.--A State shall make and distribute the allocations described in subsection (b)(3) within 30 days of receiving such funds from the Secretary. (3) Distributions by local educational agencies.--A local educational agency receiving a grant under this title may give priority, in using the grant, to projects to be carried out in a public secondary school recognized as a Science and Technology High School or as a secondary school with a science and technology program. SEC. 103. ALLOWABLE USES OF FUNDS. A local educational agency receiving a grant under this title shall use the grant for modernization, renovation, or repair of public school facilities, including-- (1) repairing, replacing, or installing roofs, including extensive, intensive or semi-intensive green roofs, electrical wiring, plumbing systems, sewage systems, lighting systems, or components of such systems, windows, or doors, including security doors; (2) repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation), including indoor air quality assessments; (3) bringing public schools into compliance with fire, health, and safety codes, including professional installation of fire/life safety alarms, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures; (4) modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except that such modifications shall not be the primary use of the grant; (5) asbestos or polychlorinated biphenyls abatement or removal from public school facilities; (6) implementation of measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls, abatement, or a combination of each; (7) implementation of measures designed to reduce or eliminate human exposure to mold or mildew; (8) upgrading or installing educational technology infrastructure to ensure that students have access to up-to- date educational technology; (9) modernization, renovation, or repair of science and engineering laboratory facilities, libraries, and career and technical education facilities, including those related to energy efficiency and renewable energy, and improvements to building infrastructure to accommodate bicycle and pedestrian access; (10) renewable energy generation and heating systems, including solar, photovoltaic, wind, geothermal, or biomass, including wood pellet, systems or components of such systems; (11) other modernization, renovation, or repair of public school facilities to-- (A) improve teachers' ability to teach and students' ability to learn; (B) ensure the health and safety of students and staff; (C) make them more energy efficient; or (D) reduce class size; and (12) required environmental remediation related to public school modernization, renovation, or repair described in paragraphs (1) through (11). TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA SEC. 201. PURPOSE. Grants under this title shall be for the purpose of modernizing, renovating, repairing or constructing public school facilities, based on their need for such improvements, to be safe, healthy, high- performing, and up-to-date technologically. SEC. 202. ALLOCATION TO STATES. (a) State-by-State Allocation.--Of the amount appropriated to carry out this title for each fiscal year pursuant to section 309(b), the Secretary shall allocate to Louisiana, Mississippi, and Alabama an amount equal to the number of schools in each of those States that were closed for 60 days or more during the period beginning on August 29, 2005, and ending on December 31, 2005, due to Hurricane Katrina or Hurricane Rita, relative to the number of schools in all of those States combined that were so closed. (b) State Administration.--A State that receives funds under this title may reserve one-half of one percent of such funds for administrative purposes related to this title. (c) Grants to Local Educational Agencies.--States receiving funds under subsection (a) shall allocate such funds to local educational agencies within the State according to the criteria described in subsection (a). (d) Special Rules.-- (1) Distributions by secretary.--The Secretary shall make and distribute the allocations described in subsection (a) not later than 30 days after an appropriation of funds for this title is made. (2) Distributions by states.--A State shall make and distribute the allocations described in subsection (c) within 30 days of receiving such funds from the Secretary. SEC. 203. ALLOWABLE USES OF FUNDS. A local educational agency receiving a grant under this title shall use the grant for one or more of the activities described in section 103, except that an agency receiving a grant under this title also may use such grant for such activities for the construction of new public school facilities. TITLE III--GENERAL PROVISIONS SEC. 301. IMPERMISSIBLE USES OF FUNDS. No funds received under this Act may be used for-- (1) payment of maintenance costs; (2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or (3) purchasing carbon offsets. SEC. 302. SUPPLEMENT, NOT SUPPLANT. A local educational agency receiving a grant under this Act shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, repair, and construction of public school facilities. SEC. 302A. PROHIBITION REGARDING STATE AID. A State shall not take into consideration payments under this Act in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children. SEC. 303. MAINTENANCE OF EFFORT. (a) In General.--A local educational agency may receive a grant under this Act for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. (b) Reduction in Case of Failure to Meet.-- (1) In general.--The State educational agency shall reduce the amount of a local educational agency's grant in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency). (2) Special rule.--No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years. (c) Waiver.--The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to-- (1) exceptional or uncontrollable circumstances, such as a natural disaster; or (2) a precipitous decline in the financial resources of the local educational agency. SEC. 304. SPECIAL RULE ON CONTRACTING. Each local educational agency receiving a grant under this Act shall ensure that, if the agency carries out modernization, renovation, repair, or construction through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition. SEC. 305. SPECIAL RULE ON USE OF IRON AND STEEL PRODUCED IN THE UNITED STATES. (a) In General.--A local educational agency shall not obligate or expend funds received under this Act for a project for the modernization, renovation, or repair of public school facility unless all of the iron and steel used in such project is produced in the United States. (b) Exceptions.--The provisions of subsection (a) shall not apply in any case in which the local educational agency finds that-- (1) their application would be inconsistent with the public interest; (2) iron and steel are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (3) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25 percent. SEC. 306. APPLICATION OF GEPA. The grant programs under this Act are applicable programs (as that term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)) subject to section 439 of such Act (20 U.S.C. 1232b). SEC. 307. GREEN SCHOOLS. (a) In General.--In a given fiscal year, a local educational agency shall use not less than the applicable percentage of funds received under this Act described in subsection (b) for public school modernization, renovation, repairs, or construction that are certified, verified, or consistent with any applicable provisions of-- (1) the LEED Green Building Rating System; (2) Energy Star; (3) the CHPS Criteria; (4) Green Globes; or (5) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency. (b) Applicable Percentages.--The applicable percentages described in subsection (a) are-- (1) in fiscal year 2009, 50 percent; (2) in fiscal year 2010, 60 percent; (3) in fiscal year 2011, 70 percent; (4) in fiscal year 2012, 80 percent; and (5) in fiscal year 2013, 90 percent. (c) Technical Assistance.--The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and school districts concerning the best practices in school modernization, renovation, repair, and construction, including those related to student academic achievement and student and staff health, energy efficiency, and environmental protection. SEC. 308. REPORTING. (a) Reports by Local Educational Agencies.--Local educational agencies receiving a grant under this Act shall annually compile a report describing the projects for which such funds were used, including-- (1) the number of public schools in the agency, including the number of charter schools; (2) the total amount of funds received by the local educational agency under this Act and the amount of such funds expended, including the amount expended for modernization, renovation, repair, or construction of charter schools; (3) the number of public schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools; (4) the number of public schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools; (5) for each project-- (A) the cost; (B) the standard described in section 307(a) with which the use of the funds complied or if the use of funds did not comply with a standard described in section 307(a), the reason such funds were not able to be used in compliance with such standards and the agency's efforts to use such funds in an environmentally sound manner; (C) if flooring was installed, whether-- (i) it was low- or no-VOC (Volatile Organic Compounds) flooring; (ii) it was made from sustainable materials; and (iii) use of flooring described in clause (i) or (ii) was cost-effective; and (D) any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, improved climate for teaching and learning, etc.); and (6) the total number and amount of contracts awarded, and the number and amount of contracts awarded to local, small, minority, women, and veteran-owned businesses. (b) Availability of Reports.--A local educational agency shall-- (1) submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; and (2) make the report described in subsection (a) publicly available, including on the agency's website. (c) Reports by Secretary.--Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on grants made under this Act, including the information described in subsection (b)(1), the types of modernization, renovation, repair, and construction funded, and the number of students impacted, including the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965. SEC. 309. AUTHORIZATION OF APPROPRIATIONS. (a) Title I.--To carry out title I, there are authorized to be appropriated $6,400,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2013. (b) Title II.--To carry out title II, there are authorized to be appropriated $100,000,000 for each of fiscal years 2009 through 2013. SEC. 310. SPECIAL RULES. Notwithstanding any other provision of this Act, none of the funds authorized by this Act may be-- (1) used to employ workers in violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); or (2) distributed to a local educational agency that does not have a policy that requires a criminal background check on all employees of the agency. Passed the House of Representatives June 4, 2008. Attest: LORRAINE C. MILLER, Clerk.