[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2447 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2447

  To establish an Energy and Environment Block Grant Program, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2007

Mr. Wynn (for himself, Mr. Turner, Mr. Engel, Mr. Pallone, Mr. Kennedy, 
 Mr. Inslee, Mr. Butterfield, Mr. Weiner, Mr. Hastings of Florida, and 
Mr. Carnahan) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
 Science 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 establish an Energy and Environment Block Grant 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 ``Energy and Environment Block Grant 
Act of 2007''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Based on a recent United Nations report, the world 
        scientific community now agrees that global warming is caused 
        by the emission of greenhouse gases from human behavior and 
        activity.
            (2) The United States, while representing less than 5 
        percent of the world's population, releases a projected 25 
        percent of all greenhouse gases emitted worldwide.
            (3) Local governments are particularly well positioned to 
        develop, implement, and promote energy efficiency and 
        greenhouse gas reduction strategies at the community level, as 
        part of a comprehensive national strategy to address global 
        warming.
            (4) The release of significant amounts of greenhouse gases 
        occurs as a result of energy consumed by buildings and homes, 
        and 39,300,000 new homes and 20,000,000,000 square feet of 
        commercial office space are projected to be constructed between 
        2007 and 2031.
            (5) Local governments, through revised building codes, 
        building inspection, and the promotion of energy efficient 
        retrofits and conservation measures, are uniquely positioned to 
        work with their local business communities to encourage energy 
        efficiency and greenhouse gas reduction strategies within the 
        building construction and management sectors.
            (6) The development of community-based conservation 
        programs that reduce the usage of energy in homes and 
        transportation will yield immediate and significant reductions 
        of a jurisdiction's overall carbon emissions. Many cities have 
        already signed Climate Protection Agreements, including a goal 
        of all buildings being carbon neutral by 2030.
            (7) Local governments control or influence land use, 
        transportation, and development planning that directly impacts 
        the design of a community, a major factor in the amount of 
        greenhouse gases emitted.
            (8) The development of local energy and environment 
        comprehensive plans will provide local governments the 
        strategies they need to establish specific energy efficiency 
        and greenhouse gas emission reduction goals and milestones.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``eligible entity'' means a State or an 
        eligible unit of local government within a State;
            (2) the term ``eligible unit of local government'' means--
                    (A) a city with a population of at least 50,000; 
                and
                    (B) a county with a population of at least 200,000;
            (3) the term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) hydrofluorocarbons;
                    (E) perfluorocarbons;
                    (F) sulfur hexafluoride; and
                    (G) any other anthropogenically-emitted gas that is 
                determined by the Secretary, after notice and comment, 
                to contribute to global warming to a non-negligible 
                degree;
            (4) the term ``Secretary'' means the Secretary of Energy; 
        and
            (5) the term ``State'' means one of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession of the United States.

SEC. 4. ESTABLISHMENT OF PROGRAM.

    The Secretary shall establish an Energy and Environment Block Grant 
Program to make block grants to eligible entities as provided in this 
Act.

SEC. 5. ALLOCATIONS.

    (a) In General.--Of the funds appropriated for making grants under 
this Act for each fiscal year, the Secretary shall allocate 70 percent 
to be provided to eligible units of local government as provided in 
subsection (b) and 30 percent to be provided to States as provided in 
subsection (c).
    (b) Eligible Units of Local Government.--The Secretary shall 
provide grants to eligible units of local government according to a 
formula giving equal weight to--
            (1) population, according to the most recent available 
        Census data; and
            (2) daytime population, or another similar factor such as 
        square footage of commercial, office, and industrial space, as 
        determined by the Secretary.
    (c) States.--The Secretary shall provide grants to States according 
to a formula based on population, according to the most recent 
available Census data.
    (d) Publication of Allocation Formulas.--Not later than 90 days 
before the beginning of any fiscal year in which grants are to made 
under this Act, the Secretary shall publish in the Federal Register the 
formulas for allocation described in subsection (b)(1) and (b)(2).

SEC. 6. ELIGIBLE ACTIVITIES.

    Funds provided through a grant under this Act may be used for the 
following activities:
            (1) Development and implementation of an Energy Efficiency 
        and Climate Protection Strategy under section 8 or 9.
            (2) Retaining technical consultant services to assist an 
        eligible entity in the development of such Strategy, 
        including--
                    (A) estimation of the 1990 levels of greenhouse gas 
                emissions within the jurisdiction of the eligible 
                entity;
                    (B) determination of baseline greenhouse gas 
                emissions for 2006 or the most recent year for best 
                available data;
                    (C) formulation of energy efficiency and greenhouse 
                gas emission reduction goals;
                    (D) identification of strategies to meet such goals 
                through major emitters of greenhouse gases;
                    (E) identification of strategies to encourage 
                behavioral changes among the populace that will help 
                achieve such goals;
                    (F) development of methods to measure progress in 
                achieving such goals;
                    (G) development and preparation of annual reports 
                to the citizenry of the eligible entity's energy 
                efficiency and greenhouse gas reduction strategies and 
                goals, and progress in achieving them;
                    (H) analysis of potential mitigation strategies to 
                offset the negative environmental impacts of global 
                warming on the community; and
                    (I) other services to assist in the implementation 
                of the Energy Efficiency and Climate Protection 
                Strategy.
            (3) Conducting energy audits.
            (4) Development and implementation of weatherization 
        programs.
            (5) Creation of financial incentive programs for energy 
        efficiency retrofits, including zero-interest or low-interest 
        revolving loan funds.
            (6) Grants to nonprofit organizations and governmental 
        agencies for energy retrofits.
            (7) Development and implementation of energy efficiency 
        programs and technologies for buildings and facilities of 
        nonprofit organizations and governmental agencies.
            (8) Development and implementation of building and home 
        energy conservation programs, including--
                    (A) design and operation of the programs;
                    (B) research on the most effective methods for 
                achieving maximum participation and efficiency rates;
                    (C) public education;
                    (D) measurement protocols; and
                    (E) identification of energy efficient 
                technologies.
            (9) Development and implementation of transportation fuel 
        conservation programs, including--
                    (A) promotion of public transit ridership;
                    (B) car pooling;
                    (C) reduction of vehicle miles traveled;
                    (D) increase in trip efficiencies;
                    (E) use of flex time by employers;
                    (F) satellite work centers; and
                    (G) other measures that have the effect of 
                increasing fuel efficiencies and decreasing fuel 
                consumption.
            (10) Development and implementation of alternative fuel 
        technologies in public fleets that result in significant 
        greenhouse gas emission reductions, including the retrofitting 
        of diesel bus fleets with high technology exhaust filters and 
        the purchase of zero-emission hydrogen fuel cell buses.
            (11) Development and implementation of alternative fuel 
        infrastructure that results in significant reductions in 
        greenhouse gas emissions.
            (12) Development and implementation of intelligent 
        transportation systems designed to reduce congestion and 
        related greenhouse gas emissions.
            (13) Development and implementation of building codes and 
        inspection services for public, commercial, industrial, and 
        single and multifamily residential buildings to promote energy 
        efficiency.
            (14) Application and implementation of alternative energy 
        and energy distribution technologies that significantly 
        increase energy efficiency and reduce greenhouse gas emissions, 
        including solar, wind, geothermal, district heating and cooling 
        systems, and other renewable energy resources.
            (15) Development and promotion of land use guidelines or 
        requirements that result in energy efficiency and greenhouse 
        gas emission reductions, including mixed use development, 
        transit-oriented development, active living land use planning, 
        and alternative transportation infrastructure such as bike 
        lanes and pathways, pedestrian-oriented transportation, and 
        parking for alternative forms of transportation.
            (16) Promotion of greater participation and efficiency 
        rates for material conservation programs, including source 
        reduction, recycling, and recycled content procurement programs 
        that lead to increases in energy efficiency and reductions in 
        greenhouse gas emissions.
            (17) Establishment of an office to assist in the 
        development and implementation of the Energy Efficiency and 
        Climate Protection Strategy.

SEC. 7. INELIGIBLE ACTIVITIES.

    Funds provided through a grant under this Act may be not used for 
the following activities:
            (1) Purchase or leasing of equipment or vehicles for the 
        private sector.
            (2) Purchase of pollution control equipment for private 
        electric utilities.

SEC. 8. REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL GOVERNMENT.

    (a) Proposed Strategy.--Not later than 1 year after being awarded a 
grant under this Act, an eligible unit of local government shall submit 
to the Secretary a proposed Energy Efficiency and Climate Protection 
Strategy which establishes goals for increased energy efficiency and 
reduction of greenhouse gas emissions in the jurisdiction of the 
eligible units of local government. The Strategy shall include plans 
for the use of funds received under the grant to assist the eligible 
unit of local government in the achievement of such goals, consistent 
with sections 6 and 7. In developing such a Strategy, an eligible unit 
of local government shall take into account any plans for the use of 
funds by adjoining eligible units of local governments funded under 
this Act.
    (b) Approval.--The Secretary shall approve or disapprove a proposed 
Strategy submitted under subsection (a) not later than 90 days after 
receiving it. If the Secretary disapproves a proposed Strategy, the 
Secretary shall provide to the eligible unit of local government the 
reasons for such disapproval. The eligible unit of local government may 
revise and resubmit the Strategy, as many times as required, until 
approval is granted.
    (c) Funding for Preparation of Strategy.--
            (1) In general.--Until the Secretary has approved a 
        proposed Energy Efficiency and Climate Protection Strategy 
        under subsection (b), the Secretary shall only disburse to an 
        eligible unit of local government $200,000 or 20 percent of the 
        grant, whichever is greater, which may be used only for 
        preparation of the Strategy.
            (2) Remainder of funds.--The remainder of an eligible unit 
        of local government's grant funds awarded but not disbursed 
        under paragraph (1) shall remain available and shall be 
        disbursed by the Secretary upon approval of the Strategy.
    (d) Limitations on Use of Funds.--Of the amounts provided through a 
grant under this Act, an eligible unit of local government may use--
            (1) not more than 10 percent, or $75,000, whichever is 
        greater, for administrative expenses, not including expenses 
        needed to meet reporting requirements under this Act;
            (2) not more than 20 percent, or $250,000, whichever is 
        greater, for the establishment of revolving loan funds; and
            (3) not more than 20 percent, or $250,000, whichever is 
        greater, for subgranting to nongovernmental organizations for 
        the purpose of assisting in the implementation of the Energy 
        Efficiency and Climate Protection Strategy.
    (e) Annual Report.--Not later than 2 years after receipt of the 
first disbursement of funds from a grant awarded under this Act, and 
annually thereafter, an eligible unit of local government shall submit 
a report to the Secretary on the status of the Strategy's development 
and implementation, and, where practicable, a best available assessment 
of energy efficiency gains and greenhouse gas reductions within the 
jurisdiction of the eligible unit of local government.

SEC. 9. REQUIREMENTS FOR STATES.

    (a) Allocation of Grant Funds.--A State receiving a grant under 
this Act shall use at least 70 percent of the funds received to provide 
subgrants to units of local government in the State that are not 
eligible units of local government. The State shall make such subgrant 
awards not later than 6 months after approval of the State's Strategy 
under subsection (c).
    (b) Proposed Strategy.--Not later than 120 days the date of 
enactment of this Act, each State shall submit to the Secretary a 
proposed Energy Efficiency and Climate Protection Strategy which 
establishes a process for making subgrants described in subsection (a), 
and establishes goals for increased energy efficiency and reduction of 
greenhouse gas emissions in the jurisdiction of the State. The Strategy 
shall include plans for the use of funds received under a grant under 
this Act to assist the State in the achievement of such goals, 
consistent with sections 6 and 7.
    (c) Approval.--The Secretary shall approve or disapprove a proposed 
Strategy submitted under subsection (b) not later than 90 days after 
receiving it. If the Secretary disapproves a proposed Strategy, the 
Secretary shall provide to the State the reasons for such disapproval. 
The State may revise and resubmit the Strategy, as many times as 
required, until approval is granted.
    (d) Funding for Preparation of Strategy.--
            (1) In general.--Until the Secretary has approved a 
        proposed Energy Efficiency and Climate Protection Strategy 
        under subsection (b), the Secretary shall only disburse to a 
        State $200,000 or 20 percent of the grant, whichever is 
        greater, which may be used only for preparation of the 
        Strategy.
            (2) Remainder of funds.--The remainder of a State's grant 
        funds awarded but not disbursed under paragraph (1) shall 
        remain available and shall be disbursed by the Secretary upon 
        approval of the Strategy.
    (e) Limitations on Use of Funds.--Of the amounts provided through a 
grant under this Act, a State may use not more than 10 percent for 
administrative expenses.
    (f) Annual Reports.--A State shall annually report to the Secretary 
on the development and implementation of its Strategy. Each such report 
shall include--
            (1) a status report on the State's subgrant program 
        described in subsection (a);
            (2) a best available assessment of energy efficiency gains 
        and greenhouse gas reductions achieved through the State's 
        Strategy; and
            (3) specific energy efficiency and greenhouse gas reduction 
        goals for future years.

SEC. 10. REVIEW AND EVALUATION.

    The Secretary may review and evaluate the performance of grant 
recipients, including by performing audits, and may deny funding to 
such grant recipients for failure to properly adhere to--
            (1) the Secretary's guidelines and regulations relating to 
        the program under this Act, including the misuse or 
        misappropriation of funds; or
            (2) the grant recipient's Strategy.

SEC. 11. OFFICE OF ENERGY AND ENVIRONMENTAL BLOCK GRANTS.

    (a) Establishment.--The Secretary shall establish an Office of 
Energy and Environmental Block Grants to administer the program under 
this Act. The Director of the Office shall have the title of Assistant 
Secretary for Energy Efficiency and Climate Protection.
    (b) State and Local Advisory Committee.--The Office shall establish 
a State and Local Advisory Committee to provide it advice regarding the 
administration, direction, and evaluation of the program under this 
Act, and to assist in developing priorities for the Research, Technical 
Assistance, and Education Program established under section 12.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for administrative expenses of the Office 
established under subsection (a)--
            (1) $20,000,000 for fiscal year 2008;
            (2) $20,000,000 for fiscal year 2009;
            (3) $25,000,000 for fiscal year 2010;
            (4) $25,000,000 for fiscal year 2011; and
            (5) $30,000,000 for fiscal year 2012.

SEC. 12. RESEARCH, TECHNICAL ASSISTANCE, AND EDUCATION PROGRAM.

    (a) Establishment.--The Office of Energy and Environmental Block 
Grants shall establish and carry out a Research, Technical Assistance, 
and Education Program to provide--
            (1) technical assistance to State and local governments;
            (2) public education programs;
            (3) demonstration of innovative energy efficiency and 
        greenhouse gas reduction systems, technologies, and practices; 
        and
            (4) research and development of effective measurement 
        methodologies, methods for changing or influencing public 
        participation in energy efficiency and greenhouse gas reduction 
        programs, and other methods to increase public awareness of, 
        and action on, the global warming crisis.
    (b) Eligible Recipients.--Eligible recipients of assistance under 
this section shall include State and local governments, State and local 
government associations, public and private nonprofit organizations, 
and colleges and universities.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section 
$150,000,000 for each of the fiscal years 2008 through 2012.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for grants 
under this Act--
            (1) $4,000,000,000 for fiscal year 2008;
            (2) $4,000,000,000 for fiscal year 2009;
            (3) $5,000,000,000 for fiscal year 2010;
            (4) $5,000,000,000 for fiscal year 2011; and
            (5) $6,000,000,000 for fiscal year 2012.
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