[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3143 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3143

To establish the High Performance Schools Program in the Department of 
                   Education and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 1999

Mr. Udall of Colorado (for himself and Mr. George Miller of California) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To establish the High Performance Schools Program in the Department of 
                   Education 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 ``High Performance Schools Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) American K-12 schools spend over $6 billion annually on 
        energy costs which is more than is spent on books and computers 
        combined.
            (2) Educators teach and students learn best in an 
        environment that is comfortable, healthy, naturally lit where 
        possible, and in good repair and studies have indicated that 
        student achievement is greater and attendance higher when those 
        conditions are met.
            (3) Over half of our nation's K-12 schools are more than 40 
        years old and in need of renovation to reach such standard of 
        efficiency and comfort and 6,000 new schools will be required 
        over the next 10 years to accommodate the growing number of 
        students.
            (4) Inadequate ventilation in school buildings, poor 
        lighting and acoustical quality, and uncomfortable temperatures 
        can diminish students' capacity to concentrate and excel.
            (5) Inefficient use of water, either in consumption or from 
        poorly maintained systems, is prevalent in older schools.
            (6) Using a whole building approach in the design of new 
        schools and the renovation of existing schools--considering how 
        materials, systems, and products connect and overlap and also 
        how a school is integrated on its site and within the 
        surrounding community--will result in high performance school 
        buildings.
            (7) Adoption of whole building concepts has been shown to 
        result in dramatic improvements in student and teacher 
        performance.
            (8) Adopting a whole building approach usually results in a 
        lower life-cycle cost for the school building than for a 
        conventionally designed and built building.
            (9) Systematic use of energy conservation in school 
        construction and renovation projects can save at least one 
        quarter of current energy costs, leaving more money for 
        teachers and educational materials.
            (10) The use of renewable energy sources such as 
        daylighting, passive solar heating, photovoltaics, wind, 
        geothermal, hydropower, and biomass power in a building already 
        designed to be low-energy can help meet the building's energy 
        needs without added emissions.
            (11) Using environmentally preferable products and 
        providing for adequate supplies of fresh air will improve 
        indoor air quality and provide healthful school buildings.
            (12) Most school districts do not have the knowledge of 
        cutting-edge design and technologies to implement optimum 
        efficiency into new school construction or into school 
        renovations.
            (13) Congress is currently considering legislation that 
        will help school districts build new schools and renovate 
        existing schools.
    (b) Purpose.--It is the purpose of this Act to assist school 
districts in the production of high performance elementary and 
secondary school buildings that are healthful, productive, energy 
efficient, and environmentally sound.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

    (a) Establishment.--There is established in the Department of 
Education the High Performance Schools Program (hereafter in this Act 
referred to as the ``Program'').
    (b) In General.--The Secretary of Education may, through the 
Program, make grants--
            (1) to be provided to school districts to implement the 
        purpose of this Act;
            (2) to administer the program of assistance to school 
        districts pursuant to this Act; and
            (3) to promote participation by school districts in the 
        program established by this Act.
    (c) Grants to Assist School Districts.--Grants under subsection 
(b)(1) shall be used to achieve energy efficiency performance not less 
than 30 percent beyond the levels prescribed in the 1998 International 
Energy Conservation Code as it is in effect for new construction and 
existing buildings. Grants under such subsection shall be made to 
school districts that--
            (1) have demonstrated a need for such grants in order to 
        respond appropriately to increasing elementary and secondary 
        school enrollments or to make major investments in renovation 
        of school facilities;
            (2) have demonstrated that the districts do not have 
        adequate funds to respond appropriately to such enrollments or 
        achieve such investments without assistance; and
            (3) have made a commitment to use the grant funds to 
        develop high performance school buildings in accordance with 
        the plan developed and approved pursuant to subsection (e)(1).
    (d) Other Grants.--
            (1) Grants for administration.--Grants under subsection 
        (b)(2) shall be used to evaluate compliance by school districts 
        with requirements of this Act and in addition may be used for--
                    (A) distributing information and materials to 
                clearly define and promote the development of high 
                performance school buildings for both new and existing 
                facilities;
                    (B) organizing and conducting programs for school 
                board members, school district personnel, architects, 
                engineers, and others to advance the concepts of high 
                performance school buildings;
                    (C) obtaining technical services and assistance in 
                planning and designing high performance school 
                buildings; and
                    (D) collecting and monitoring data and information 
                pertaining to the high performance school building 
                projects.
            (2) Grants to promote participation.--Grants under 
        subsection (b)(3) may be used for promotional and marketing 
        activities, including facilitating private and public 
        financing, promoting the use of energy service companies, 
        working with school administrations, students, and communities, 
        and coordinating public benefit programs.
    (e) Implementation.--
            (1) Plans.--Grants under subsection (b) shall be provided 
        only to school districts that, in consultation with State 
        offices of energy and education, have developed plans that the 
        State agency designated by the Governor of the State determines 
        to be feasible and appropriate in order to the achieve the 
        purposes for which such grants were made.
            (2) Supplementing grant funds.--The State agency referred 
        to in paragraph (1) shall encourage qualifying school districts 
        to supplement their grant funds with funds from other sources 
        in the implementation of their plans.

SEC. 4. ALLOCATION OF FUNDS.

    (a) Governors.--Except as provided in subsection (c), funds 
appropriated for the implementation of this Act shall be provided to 
the Governors of the States. Each Governor shall determine the 
appropriate State agency to administer the program of assistance to 
school districts under this Act.
    (b) Purposes.--Except as provided in subsection (c), funds 
appropriated under section 5 shall be allocated as follows:
            (1) Seventy percent shall be used to make grants under 
        section 3(b)(1).
            (2) Fifteen percent shall be used to make grants under 
        section 3(b)(2).
            (3) Fifteen percent shall be used to make grants under 
        section 3(b)(3).
    (c) Other Funds.--The Secretary of Education may, through the 
Program established under section 3(a), retain an amount, not to exceed 
$300,000 per year, to assist State agencies designated by the Governor 
in coordinating and implementing such Program. Such funds may be used 
to develop reference materials to further define the principles and 
criteria to achieve high performance school buildings.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    For grants under section 3(b) there are authorized to be 
appropriated $200,000,000 for fiscal year 2001, $210,000,000 for fiscal 
year 2002, $220,000,000 for fiscal year 2003, $230,000,000 for fiscal 
year 2004, and such sums as may be necessary for each of the subsequent 
6 fiscal years.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Elementary and secondary school.--The term ``elementary 
        school'' and ``secondary school'' shall have the same meaning 
        given such terms in paragraphs (14) and (25) of section 14101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801(14),(25)).
            (2) High performance school building.--The term ``high 
        performance school building'' refers to a school building 
        which, in its design, construction, operation, and maintenance 
        maximizes use of renewable energy and energy conservation 
        practices, is cost-effective on a life-cycle basis, uses 
        affordable, environmentally preferable, durable materials, 
        enhances indoor environmental quality, protects and conserves 
        water, and optimizes site potential.
            (3) Renewable energy.--The term ``renewable energy'' means 
        energy produced by solar, wind, geothermal, hydropower, and 
        biomass power.
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